HF 818
1st Committee Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/22/2009 12:37 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to transportation; granting towing authority to Department of
1.3Transportation within its metropolitan district; modifying provisions relating to
1.4hazardous materials; modifying provisions related to motor carriers; requiring
1.5commissioner to enter into Unified Carrier Registration Agreement;amending
1.6Minnesota Statutes 2006, sections 168B.04, subdivision 2; 169.01, subdivisions
1.719, 20; 169.041, subdivisions 1, 2; 221.031, subdivision 6; 221.0314, by adding
1.8a subdivision; 221.033, subdivision 2d; 221.037, subdivision 1; 221.231; 221.60,
1.9subdivision 1, by adding a subdivision; repealing Minnesota Statutes 2006,
1.10sections 221.60, subdivisions 2, 3, 3a, 4, 5, 6; 221.601; 221.602.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2006, section 168B.04, subdivision 2, is amended to read:
1.13 Subd. 2. Unauthorized vehicles. (a) Units of government and peace officers may
1.14take into custody and impound any unauthorized vehicle under section
169.041.
1.15(b) A vehicle may also be impounded after it has been left unattended in one of the
1.16following public or private locations for the indicated period of time:
1.17(1) in a public location not governed by section
169.041:
1.18(i) on a highway and properly tagged by a peace officer, four hours;
1.19(ii) located so as to constitute an accident or traffic hazard to the traveling public, as
1.20determined by a peace officer, immediately; or
1.21new text begin (iii) located so as to constitute an accident or traffic hazard to the traveling public new text end
1.22new text begin within the Department of Transportation's eight-county metropolitan district, as determined new text end
1.23new text begin by an authorized employee of the department's freeway service patrol, immediately; or new text end
1.24(iii) new text begin (iv) new text end that is a parking facility or other public property owned or controlled by a
1.25unit of government, properly posted, four hours; or
1.26(2) on private property:
1.27(i) that is single-family or duplex residential property, immediately;
2.1(ii) that is private, nonresidential property, properly posted, immediately;
2.2(iii) that is private, nonresidential property, not posted, 24 hours;
2.3(iv) that is private, nonresidential property of an operator of an establishment for the
2.4servicing, repair, or maintenance of motor vehicles, five business days after notifying the
2.5vehicle owner by certified mail, return receipt requested, of the property owner's intention
2.6to have the vehicle removed from the property; or
2.7(v) that is any residential property, properly posted, immediately.
2.8new text begin (c) When a tow is requested under paragraph (b), clause (1) (iii), the department shall new text end
2.9new text begin ensure that the tower initially requested to remove the vehicle is given the opportunity, new text end
2.10new text begin to the greatest reasonable extent, to actually conduct and complete all towing operations new text end
2.11new text begin requested; provided that, the owner of the vehicle to be towed has not already requested new text end
2.12new text begin that another tower remove the vehicle, in which case the tower contacted by the owner new text end
2.13new text begin must be given the first reasonable opportunity to conduct the towing operations required.new text end
2.14 Sec. 2. Minnesota Statutes 2006, section 169.01, subdivision 19, is amended to read:
2.15 Subd. 19. Explosives. "Explosives" means any chemical compound or mechanical
2.16mixture that is commonly used or intended for the purpose of producing an explosion
2.17and which contains any oxidizing and combustive units or other ingredients in such
2.18proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by
2.19percussion, or by detonator of any part of the compound or mixture may cause such a
2.20sudden generation of highly heated gases that the resultant gaseous pressures are capable
2.21of producing destructible effects on contiguous objects or of destroying life or limbnew text begin has new text end
2.22new text begin the meaning given in Code of Federal Regulations, title 49, section 173.50new text end .
2.23 Sec. 3. Minnesota Statutes 2006, section 169.01, subdivision 20, is amended to read:
2.24 Subd. 20. Flammable liquid. "Flammable liquid" means new text begin has the meaning given new text end
2.25any liquid which has a flash point of 70 degrees Fahrenheit, or less, as determined by a
2.26tagliabue or equivalent closed cup test devicenew text begin defined in Code of Federal Regulations, new text end
2.27new text begin title 49, section 173.120new text end .
2.28 Sec. 4. Minnesota Statutes 2006, section 169.041, subdivision 1, is amended to read:
2.29 Subdivision 1. Towing authority. For purposes of this section, "towing authority"
2.30meansnew text begin :new text end
2.31new text begin (1) new text end any local authority authorized by section
169.04 to enforce the traffic laws, and
2.32also includes a private towing company authorized by a local authority to tow vehicles on
2.33behalf of that local authority.new text begin ; ornew text end
3.1new text begin (2) an authorized employee of the Department of Transportation's freeway service new text end
3.2new text begin patrol within the department's eight-county metropolitan district, and also includes a new text end
3.3new text begin private towing company authorized by the department to tow vehicles on behalf of the new text end
3.4new text begin department.new text end
3.5 Sec. 5. Minnesota Statutes 2006, section 169.041, subdivision 2, is amended to read:
3.6 Subd. 2. Towing order required. A towing authority may not tow a motor vehicle
3.7from public property unless a peace officer or parking enforcement officer has prepared, in
3.8addition to the parking citation, a written towing report describing the motor vehicle and
3.9the reasons for towing. The report must be signed by the officer and the tow driver.new text begin Within new text end
3.10new text begin the Department of Transportation's eight-county metropolitan district, an authorized new text end
3.11new text begin employee of the department's freeway service patrol may order a tow from a trunk highway new text end
3.12new text begin after preparing a written towing report provided by the Minnesota State Patrol. A citation new text end
3.13new text begin need not be issued before the employee orders a tow. The department employee shall new text end
3.14new text begin ensure that the tower initially requested to remove the vehicle is given the opportunity, new text end
3.15new text begin to the greatest reasonable extent, to actually conduct and complete all towing operations new text end
3.16new text begin requested; provided that, the owner of the vehicle to be towed has not already requested new text end
3.17new text begin that another tower remove the vehicle, in which case the tower contacted by the owner new text end
3.18new text begin must be given the first reasonable opportunity to conduct the towing operations required.new text end
3.19 Sec. 6. Minnesota Statutes 2006, section 221.031, subdivision 6, is amended to read:
3.20 Subd. 6. Vehicle identification rule. (a) The following carriers shall display the
3.21carrier's name and address on the power unit of each vehicle:
3.22(1) motor carriers, regardless of the weight of the vehicle, except that this
3.23requirement does not apply to a limousine as defined in section
168.011, subdivision 35,
3.24that is equipped with "LM" license plates;
3.25(2) interstate and intrastate private carriers operating vehicles with a gross vehicle
3.26weight of more than 10,000 pounds; and
3.27(3) vehicles providing transportation described in section
221.025 with a gross
3.28vehicle weight of more than 10,000 pounds except those providing transportation
3.29described in section
221.025, clauses (1), (3), and (4).
3.30Vehicles described in clauses (2) and (3) that are operated by farmers or farm employees
3.31and have four or fewer axles are not required to comply with the vehicle identification
3.32rule of the commissioner.
3.33(b) Vehicles subject to this subdivision must show the name or "doing business as"
3.34name of the carrier operating the vehicle and the community and abbreviation of the state
4.1in which the carrier maintains its principal office or in which the vehicle is customarily
4.2based. If the carrier operates a leased vehicle, it may show its name and the name of the
4.3lessor on the vehicle, if the lease relationship is clearly shown. If the name of a person
4.4other than the operating carrier appears on the vehicle, the words "operated by" must
4.5immediately precede the name of the carrier.
4.6(c) The name and address must be in letters that contrast sharply in color with the
4.7background, be readily legible during daylight hours from a distance of 50 feet while
4.8the vehicle is stationary, and be maintained in a manner that retains the legibility of the
4.9markings. The name and address may be shown by use of a removable device if that
4.10device meets the identification and legibility requirements of this subdivision.
4.11 Sec. 7. Minnesota Statutes 2006, section 221.0314, is amended by adding a subdivision
4.12to read:
4.13 new text begin Subd. 12.new text end new text begin Hazardous materials safety permits.new text end new text begin A person who transports the new text end
4.14new text begin hazardous materials designated in Code of Federal Regulations, title 49, section 385.403, new text end
4.15new text begin shall comply with this section and with the provisions of Code of Federal Regulations, new text end
4.16new text begin title 49, part 385, subpart E, which is incorporated by reference.new text end
4.17 Sec. 8. Minnesota Statutes 2006, section 221.033, subdivision 2d, is amended to read:
4.18 Subd. 2d. Age of driver under federal materials-of-trade regulation. A driver
4.19of a self-propelled or towed motor vehicle transporting no hazardous material other than
4.20materials of trade, as defined in Code of Federal Regulations, title 49, section
171.8, new text begin when new text end
4.21new text begin engaged in intrastate transportation, new text end must be at least 18 years of age. This subdivision
4.22does not apply unless the transportation conforms to the requirements of Code of Federal
4.23Regulations, title 49, section
173.6.
4.24 Sec. 9. Minnesota Statutes 2006, section 221.037, subdivision 1, is amended to read:
4.25 Subdivision 1. Required to provide information. A person who generates, stores,
4.26treats, transports, disposes of, or otherwise handles or has handled hazardous materials,
4.27hazardous substances, or hazardous waste shall (1) give to transportation representatives
4.28and hazardous material specialists of the department information relating to the materials,
4.29substances, or waste, or (2) permit them access to and copying of records new text begin and safety new text end
4.30new text begin permits new text end relating to new text begin any or all of new text end the materials, substances, or waste, or both.
4.31 Section 10. Minnesota Statutes 2006, section 221.231, is amended to read:
4.32221.231 RECIPROCAL AGREEMENT.
5.1 The commissioner may enter into reciprocal agreements with the regulatory bodies
5.2of other states and the provinces of the Dominion of Canada, whereby the payment of the
5.3fees provided in section
may be waived in whole or in part fornew text begin regardingnew text end motor
5.4carriers having an established place of business in that state or province; provided that
5.5reciprocal privileges are extended under the agreement to motor carriers of this state.
5.6 Sec. 11. Minnesota Statutes 2006, section 221.60, subdivision 1, is amended to read:
5.7 Subdivision 1. Procedure. A motor carrier may transport persons or property for
5.8hire in interstate commerce in Minnesota only if it first:
5.9 (1) complies with section
;
5.10 (2) either registers with the commissioner the federal operating authority that it
5.11intends to exercise, or registers and describes the transportation it performs under an
5.12exemption contained in United States Code, title 49; and
5.13 (3) purchases an interstate identification stamp or an interstate registration trip
5.14permit for each vehicle to be used in interstate transportation in Minnesotanew text begin the Unified new text end
5.15new text begin Carrier Registration Agreement authorized by United States Code, title 49, section new text end
5.16new text begin 14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal new text end
5.17new text begin regulations adopted thereundernew text end .
5.18 Sec. 12. Minnesota Statutes 2006, section 221.60, is amended by adding a subdivision
5.19to read:
5.20 new text begin Subd. 7.new text end new text begin Commissioner's authority.new text end new text begin The commissioner of transportation shall new text end
5.21new text begin take all necessary actions to enter into the Unified Carrier Registration Agreement when new text end
5.22new text begin it becomes effective. The commissioner shall implement and administer United States new text end
5.23new text begin Code, title 49, section 14504a, and the regulations adopted thereunder.new text end
5.24 Sec. 13. new text begin REPEALER.new text end
5.25new text begin Minnesota Statutes 2006, sections 221.60, subdivisions 2, 3, 3a, 4, 5, and 6; 221.601; new text end
5.26new text begin and 221.602,new text end new text begin are repealed.new text end