HF 3894

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor carriers; requiring certain exempt 
  1.3             carriers of property to obtain certificate of 
  1.4             registration from commissioner of transportation; 
  1.5             amending Minnesota Statutes 1999 Supplement, sections 
  1.6             221.025; and 221.0251, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.9   221.025, is amended to read: 
  1.10     221.025 [EXEMPTIONS.] 
  1.11     Except as provided in section 221.0251, subdivision 1a, the 
  1.12  provisions of this chapter requiring a certificate or permit to 
  1.13  operate as a motor carrier do not apply to the intrastate 
  1.14  transportation described below:  
  1.15     (a) the transportation of students to or from school or 
  1.16  school activities in a school bus inspected and certified under 
  1.17  section 169.451 and the transportation of children or parents to 
  1.18  or from a Head Start facility or Head Start activity in a Head 
  1.19  Start bus inspected and certified under section 169.451; 
  1.20     (b) the transportation of solid waste, as defined in 
  1.21  section 116.06, subdivision 22, including recyclable materials 
  1.22  and waste tires, except that the term "hazardous waste" has the 
  1.23  meaning given it in section 221.011, subdivision 31; 
  1.24     (c) a commuter van as defined in section 221.011, 
  1.25  subdivision 27; 
  1.26     (d) authorized emergency vehicles as defined in section 
  2.1   169.01, subdivision 5, including ambulances; and tow trucks 
  2.2   equipped with proper and legal warning devices when picking up 
  2.3   and transporting (1) disabled or wrecked motor vehicles or (2) 
  2.4   vehicles towed or transported under a towing order issued by a 
  2.5   public employee authorized to issue a towing order; 
  2.6      (e) the transportation of grain samples under conditions 
  2.7   prescribed by the board; 
  2.8      (f) the delivery of agricultural lime; 
  2.9      (g) the transportation of dirt and sod within an area 
  2.10  having a 50-mile radius from the home post office of the person 
  2.11  performing the transportation; 
  2.12     (h) the transportation of sand, gravel, bituminous asphalt 
  2.13  mix, concrete ready mix, concrete blocks or tile and the mortar 
  2.14  mix to be used with the concrete blocks or tile, or crushed rock 
  2.15  to or from the point of loading or a place of gathering within 
  2.16  an area having a 50-mile radius from that person's home post 
  2.17  office or a 50-mile radius from the site of construction or 
  2.18  maintenance of public roads and streets; 
  2.19     (i) the transportation of pulpwood, cordwood, mining 
  2.20  timber, poles, posts, decorator evergreens, wood chips, sawdust, 
  2.21  shavings, and bark from the place where the products are 
  2.22  produced to the point where they are to be used or shipped; 
  2.23     (j) the transportation of fresh vegetables from farms to 
  2.24  canneries or viner stations, from viner stations to canneries, 
  2.25  or from canneries to canneries during the harvesting, canning, 
  2.26  or packing season, or transporting sugar beets, wild rice, or 
  2.27  rutabagas from the field of production to the first place of 
  2.28  delivery or unloading, including a processing plant, warehouse, 
  2.29  or railroad siding; 
  2.30     (k) the transportation of property or freight, other than 
  2.31  household goods and petroleum products in bulk, entirely within 
  2.32  the corporate limits of a city or between contiguous cities 
  2.33  except as provided in section 221.296; 
  2.34     (l) the transportation of unprocessed dairy products in 
  2.35  bulk within an area having a 100-mile radius from the home post 
  2.36  office of the person providing the transportation; 
  3.1      (m) the transportation of agricultural, horticultural, 
  3.2   dairy, livestock, or other farm products within an area having a 
  3.3   100-mile radius from the person's home post office and the 
  3.4   carrier may transport other commodities within the 100-mile 
  3.5   radius if the destination of each haul is a farm; 
  3.6      (n) the transportation of newspapers, as defined in section 
  3.7   331A.01, subdivision 5, telephone books, handbills, circulars, 
  3.8   or pamphlets in a vehicle with a gross vehicle weight of 10,000 
  3.9   pounds or less; and 
  3.10     (o) transportation of potatoes from the field of 
  3.11  production, or a storage site owned or otherwise controlled by 
  3.12  the producer, to the first place of processing. 
  3.13     The exemptions provided in this section apply to a person 
  3.14  only while the person is exclusively engaged in exempt 
  3.15  transportation. 
  3.16     Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  3.17  221.0251, is amended by adding a subdivision to read: 
  3.18     Subd. 1a.  [EXEMPT CARRIERS MUST REGISTER.] (a) A person 
  3.19  providing intrastate transportation described in section 
  3.20  221.025, paragraphs (b) and (e) through (o), in a vehicle having 
  3.21  a gross vehicle weight of 26,000 pounds or more, shall comply 
  3.22  with this subdivision, and is also subject to sections 221.021 
  3.23  and 221.291, subdivision 4. 
  3.24     (b) The person shall submit to the commissioner a completed 
  3.25  form MCS-150, Motor Carrier Identification Report.  The form may 
  3.26  be signed only by a corporate officer, general partner, limited 
  3.27  liability company board member, or sole proprietor.  The 
  3.28  registrant shall notify the commissioner in writing or by 
  3.29  electronic communication of any change in the information 
  3.30  submitted in the form.  
  3.31     (c) The commissioner shall issue a certificate of 
  3.32  registration to a registrant who has filed a form MCS-150 that 
  3.33  complies with paragraph (b), has a satisfactory safety rating, 
  3.34  and, if applicable, has complied with the financial 
  3.35  responsibility requirements in section 221.141.  The 
  3.36  commissioner shall not issue a certificate of registration to a 
  4.1   registrant who has an unsatisfactory safety rating.  
  4.2      (d) The certificate of registration: 
  4.3      (1) must be numbered and bear an effective date; 
  4.4      (2) must be kept at the registrant's principal place of 
  4.5   business; 
  4.6      (3) is not assignable or transferable; and 
  4.7      (4) is valid until it is suspended, revoked, or canceled.