1.1                          A bill for an act 
  1.2             relating to motor vehicles; requiring commissioner of 
  1.3             public safety to impose commercial driver's license 
  1.4             disqualifications for violations of an out-of-service 
  1.5             order; requiring commissioner of transportation to 
  1.6             impose civil penalties for violations of an 
  1.7             out-of-service order; amending Minnesota Statutes 
  1.8             1998, sections 171.165, by adding a subdivision; and 
  1.9             221.036, subdivision 3. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 171.165, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 4a.  [VIOLATION OF OUT-OF-SERVICE ORDER.] (a) The 
  1.14  commissioner shall disqualify a person from operating a 
  1.15  commercial motor vehicle for not less than: 
  1.16     (1) 90 days nor more than one year if the operator is 
  1.17  convicted of a first violation of an out-of-service order; 
  1.18     (2) one year nor more than five years if, during any 
  1.19  ten-year period, the operator is convicted of two violations of 
  1.20  out-of-service orders in separate incidents; and 
  1.21     (3) three years nor more than five years if, during any 
  1.22  ten-year period, the operator is convicted of three or more 
  1.23  violations of out-of-service orders in separate incidents. 
  1.24     (b) The commissioner shall notify the commissioner of 
  1.25  transportation of each disqualification under this subdivision. 
  1.26     Sec. 2.  Minnesota Statutes 1998, section 221.036, 
  1.27  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
  2.2   commissioner may issue an order assessing a penalty of up to 
  2.3   $5,000 for all violations of section 221.021; 221.041, 
  2.4   subdivision 3; 221.081; 221.141; 221.151; or 221.171, or rules 
  2.5   of the board or commissioner relating to motor carrier 
  2.6   operations, insurance, or tariffs and accounting, identified 
  2.7   during a single inspection, audit, or investigation. 
  2.8      (b) The commissioner may issue an order assessing a penalty 
  2.9   up to a maximum of $10,000 for all violations of section 
  2.10  221.033, subdivision 2b, or 221.035, and rules adopted under 
  2.11  those sections, identified during a single inspection or audit. 
  2.12     (c) In determining the amount of a penalty, the 
  2.13  commissioner shall consider: 
  2.14     (1) the willfulness of the violation; 
  2.15     (2) the gravity of the violation, including damage to 
  2.16  humans, animals, air, water, land, or other natural resources of 
  2.17  the state; 
  2.18     (3) the history of past violations, including the 
  2.19  similarity of the most recent violation and the violation to be 
  2.20  penalized, the time elapsed since the last violation, the number 
  2.21  of previous violations, and the response of the person to the 
  2.22  most recent violation identified; 
  2.23     (4) the economic benefit gained by the person by allowing 
  2.24  or committing the violation; and 
  2.25     (5) other factors as justice may require, if the 
  2.26  commissioner specifically identifies the additional factors in 
  2.27  the commissioner's order. 
  2.28     (d) The commissioner shall assess a penalty of not less 
  2.29  than $1,000 for a driver who is convicted of a violation of an 
  2.30  out-of-service order.  The commissioner shall assess a penalty 
  2.31  of not more than $10,000 to an employer who knowingly allows or 
  2.32  requires an employee to operate a commercial motor vehicle in 
  2.33  violation of an out-of-service order. 
  2.34     Sec. 3.  [EFFECTIVE DATE.] 
  2.35     Sections 1 and 2 are effective April 1, 2000.