HF 1816

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:28 p.m.

1.1A bill for an act 1.2relating to transportation; modifying and updating provisions relating to motor 1.3carriers, highways, and the Department of Transportation; making clarifying 1.4and technical changes;amending Minnesota Statutes 2008, sections 168.013, 1.5subdivision 1e; 168.185; 169.025; 169.801, subdivision 10; 169.823, subdivision 1.61; 169.824; 169.8261; 169.827; 169.85, subdivision 2; 169.862, subdivision 2; 1.7169.864, subdivisions 1, 2; 169.865, subdivisions 1, 2, 3, 4; 169.866, subdivision 1.81; 169.87, subdivision 2; 174.64, subdivision 4; 174.66; 221.012, subdivisions 1.919, 29; 221.021, subdivision 1; 221.022; 221.025; 221.026, subdivisions 1.102, 5; 221.0269, subdivision 3; 221.031, subdivisions 1, 3, 3c, 6; 221.0314, 1.11subdivisions 2, 3a, 9; 221.033, subdivisions 1, 2; 221.121, subdivisions 1, 7; 1.12221.122, subdivision 1; 221.123; 221.132; 221.151, subdivision 1; 221.161, 1.13subdivisions 1, 4; 221.171; 221.172, subdivision 3; 221.185, subdivisions 2, 1.144, 5a, 9; 221.605, subdivision 1; 221.68; 221.81, subdivision 3d; repealing 1.15Minnesota Statutes 2008, sections 169.67, subdivision 6; 169.826, subdivisions 1.161b, 5; 169.832, subdivisions 11, 11a; 221.012, subdivisions 2, 3, 6, 7, 11, 12, 1.1721, 23, 24, 30, 32, 39, 40, 41; 221.031, subdivision 2b; 221.072; 221.101; 1.18221.111; 221.121, subdivisions 2, 3, 5, 6, 6a, 6c, 6d, 6e, 6f; 221.131, subdivision 1.192a; 221.141, subdivision 6; 221.151, subdivisions 2, 3; 221.153; 221.172, 1.20subdivisions 4, 5, 6, 7, 8; 221.296, subdivisions 3, 4, 5, 6, 7, 8. 1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22    Section 1. Minnesota Statutes 2008, section 168.013, subdivision 1e, is amended to 1.23read: 1.24    Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors 1.25except those in this chapter defined as farm trucks, on truck-tractor and semitrailer 1.26combinations except those defined as farm combinations, and on commercial zone 1.27vehicles, the tax based on total gross weight shall be graduated according to the Minnesota 1.28base rate schedule prescribed in this subdivision, but in no event less than $120. 1.29Minnesota Base Rate Schedule 1.30Scheduled taxes include five percent 2.1surtax provided for in subdivision 14 2.2 TOTAL GROSS WEIGHT IN POUNDS TAX 2.3 A 0 - 1,500 $ 15 2.4 B 1,501 - 3,000 20 2.5 C 3,001 - 4,500 25 2.6 D 4,501 - 6,000 35 2.7 E 6,001 - 10,000 45 2.8 F 10,001 - 12,000 70 2.9 G 12,001 - 15,000 105 2.10 H 15,001 - 18,000 145 2.11 I 18,001 - 21,000 190 2.12 J 21,001 - 26,000 270 2.13 K 26,001 - 33,000 360 2.14 L 33,001 - 39,000 475 2.15 M 39,001 - 45,000 595 2.16 N 45,001 - 51,000 715 2.17 O 51,001 - 57,000 865 2.18 P 57,001 - 63,000 1015 2.19 Q 63,001 - 69,000 1185 2.20 R 69,001 - 73,280 1325 2.21 S 73,281 - 78,000 1595 2.22 T 78,001 - 80,000 1760 2.23    (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more 2.24axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively. 2.25    (c) For each vehicle with a gross weight in excess of 80,000 pounds an additional 2.26tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds, subject 2.27to subdivision 12. 2.28    (d) For purposes of registration identification, for vehicles registered in the "O" 2.29category, the owner must declare at the time of registration whether the vehicle will carry 2.30a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle 2.31use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive 2.32weight sticker must be issued and the owner is restricted to a gross vehicle weight of 2.33less than 55,000 pounds. 2.34    (e) Truck-tractors except those herein defined as farm and commercial zone vehicles 2.35shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the 2.36combined gross weight of the truck-tractor and any semitrailer or semitrailers which the 2.37applicant proposes to combine with the truck-tractor. 2.38    (f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer 2.39combinations which are operated by an interstate carrier registered under section 221.60, 3.1or by an authorized new text begin a new text end carrier receiving operating authority under chapter 221, and operated 3.2solely within a zone exempt from regulation pursuant to United States Code, title 49, 3.3section 13506. 3.4    (g) The license plates issued for commercial zone vehicles shall be plainly marked. 3.5A person operating a commercial zone vehicle outside the zone or area in which its 3.6operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor 3.7penalty, the registrar shall revoke the registration of the vehicle as a commercial zone 3.8vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax 3.9prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded 3.10during the balance of the registration year. 3.11    (h) On commercial zone trucks the tax shall be based on the total gross weight of 3.12the vehicle and during each of the first eight years of vehicle life is 75 percent of the 3.13Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the 3.14tax is 50 percent of the Minnesota base rate schedule. 3.15    (i) On trucks, truck-tractors and semitrailer combinations, except those defined 3.16as farm trucks and farm combinations, and except for those commercial zone vehicles 3.17specifically provided for in this subdivision, the tax for each of the first eight years of 3.18vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and 3.19during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota 3.20base rate prescribed by this subdivision. 3.21    (j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer 3.22combination are semitrailers. 3.23    Sec. 2. Minnesota Statutes 2008, section 168.185, is amended to read: 3.24168.185 USDOT NUMBERS. 3.25    (a) Except as provided in paragraph (d), an owner of a truck or truck-tractor having 3.26a gross vehicle weight of more than 10,000 pounds, as defined in section 169.011, 3.27subdivision 32 , shall report to the commissioner at the time of registration its USDOT 3.28carrier number. A person subject to this paragraph who does not have a USDOT number 3.29shall apply for the number at the time of registration by completing a form MCS-150 Motor 3.30Carrier Identification Report, issued by the Federal Motor Carrier Safety Administration, 3.31or comparable document as determined by the commissioner. The commissioner shall not 3.32assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph. 3.33    (b) Assigned USDOT numbers need not new text begin must new text end be displayed on the outside of 3.34the vehicle, but must be made available upon request of an authorized agent of the 3.35commissioner, peace officer, other employees of the State Patrol authorized in chapter 4.1299D, or employees of the Minnesota Department of Transportation new text begin as required by section new text end 4.2 new text begin 221.031, subdivision 6 new text end . The vehicle owner shall notify the commissioner if there is a 4.3change to the owner's USDOT number. 4.4    (c) If an owner fails to report or apply for a USDOT number, the commissioner shall 4.5suspend the owner's registration. 4.6    (d) This section does not apply to (1) a farm truck that is not used in interstate 4.7commerce, (2) a vehicle that is not used in intrastate commerce or interstate commerce, or 4.8(3) a vehicle that is owned and used solely in the transaction of official business by the 4.9federal government, the state, or any political subdivision. 4.10    Sec. 3. Minnesota Statutes 2008, section 169.025, is amended to read: 4.11169.025 APPLICATION OF MOTOR CARRIER RULES. 4.12Notwithstanding any provision of this chapter other than section 169.67, a vehicle, 4.13driver, or carrier that is subject to a new text begin the new text end motor carrier safety rule adopted under section 4.14 new text begin regulations incorporated in section 221.0314 new text end or 221.605 shall comply with the 4.15more stringent or additional requirement imposed by that new text begin the new text end motor carrier safety rule new text begin new text end 4.16 new text begin regulation new text end . 4.17    Sec. 4. Minnesota Statutes 2008, section 169.801, subdivision 10, is amended to read: 4.18    Subd. 10. Brakes. Notwithstanding section 169.67: 4.19    (a) A self-propelled implement of husbandry must be equipped with brakes adequate 4.20to control its movement and to stop and hold it and any vehicle it is towing. 4.21    (b) A towed implement of husbandry must be equipped with brakes adequate to 4.22control its movement and to stop and hold it if: 4.23    (1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured 4.24and sold after January 1, 1994; 4.25    (2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a 4.26vehicle other than a self-propelled implement of husbandry; or 4.27    (3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a 4.28registered passenger automobile other than a pickup truck as defined in section 168.002, 4.29subdivision 26 . 4.30    (c) If a towed implement of husbandry with a gross vehicle weight of more than 4.316,000 pounds is required under paragraph (b) to have brakes new text begin and was manufactured after new text end 4.32 new text begin January 1, 2011 new text end , it must also have brakes adequate to stop and hold it if it becomes 4.33detached from the towing vehicle new text begin be equipped with brakes as required in section 169.67, new text end 4.34 new text begin subdivision 3, paragraph (b) new text end . 5.1    Sec. 5. Minnesota Statutes 2008, section 169.823, subdivision 1, is amended to read: 5.2    Subdivision 1. Pneumatic-tired vehicle. No vehicle or combination of vehicles 5.3equipped with pneumatic tires shall be operated upon the highways of this state: 5.4    (1) where the gross weight on any wheel exceeds 9,000 pounds, except that on 5.5paved county state-aid highways, paved county roads, designated local routes, and state 5.6trunk highways the gross weight on any single wheel shall not exceed new text begin on an unpaved new text end 5.7 new text begin street or highway or new text end 10,000 pounds new text begin on a paved street or highway, new text end unless posted to a lesser 5.8weight under section 169.87, subdivision 1; 5.9    (2) where the gross weight on any single axle exceeds 18,000 pounds, except that on 5.10paved county state-aid highways, paved county roads, designated local routes, and state 5.11trunk highways the gross weight on any single axle shall not exceed new text begin on an unpaved street new text end 5.12 new text begin or highway or new text end 20,000 pounds new text begin on a paved street or highway, new text end unless posted to a lesser 5.13weight under section 169.87, subdivision 1; 5.14    (3) where the maximum wheel load: 5.15    (i) on the foremost and rearmost steering axles, exceeds 600 pounds per inch of tire 5.16width or the manufacturer's recommended load, whichever is less; or 5.17    (ii) on other axles, exceeds 500 pounds per inch of tire width or the manufacturer's 5.18recommended load, whichever is less; new text begin or new text end 5.19    (4) where the gross weight on any axle of a tridem exceeds 15,000 pounds, except 5.20that for vehicles to which an additional axle has been added prior to June 1, 1981, the 5.21maximum gross weight on any axle of a tridem may be up to 16,000 pounds provided the 5.22gross weight of the tridem combination does not exceed 39,900 pounds where the first 5.23and third axles of the tridem are spaced nine feet apart; 5.24    (5) new text begin (4) new text end where the gross weight on any group of axles exceeds the weights permitted 5.25under sections 169.822 to 169.829 with any or all of the interior axles disregarded, and 5.26with an exterior axle disregarded if the exterior axle is a variable load axle that is not 5.27carrying its intended weight, and their gross weights subtracted from the gross weight of 5.28all axles of the group under consideration. 5.29    Sec. 6. Minnesota Statutes 2008, section 169.824, is amended to read: 5.30169.824 GROSS WEIGHT SCHEDULE. 5.31    Subdivision 1. Table of axle weight limits. (a) No vehicle or combination of 5.32vehicles equipped with pneumatic tires shall be operated upon the highways of this state 5.33where the total gross weight on any group of two or more consecutive axles of any vehicle 5.34or combination of vehicles exceeds that given in the following table for the distance 5.35between the centers of the first and last axles of any group of two or more consecutive 6.1axles under consideration; unless otherwise noted, the distance between axles being 6.2measured longitudinally to the nearest even foot, and when the measurement is a fraction 6.3of exactly one-half foot the next largest whole number in feet shall be used, except that 6.4when the distance between axles is more than three feet four inches and less than three 6.5feet six inches the distance of four feet shall be used: 6.6 Maximum gross weight in pounds on a group of 6.7 2 3 4 6.8 6.9 6.10 6.11 6.12 6.13 6.14 Distances in feet between centers of foremost and rearmost axles of a group consecutive axles of a 2-axle vehicle or of any vehicle or combination of vehicles having a total of 2 or more axles consecutive axles of a 3-axle vehicle or of any vehicle or combination of vehicles having a total of 3 or more axles consecutive axles of a 4-axle vehicle or any combination of vehicles having a total of 4 or more axles 6.15 4 34,000 6.16 5 34,000 6.17 6 34,000 6.18 7 34,000 37,000 6.19 8 34,000 38,500 6.20 8 plus 34,000 42,000 6.21 (38,000) 6.22 9 35,000 43,000 6.23 (39,000) 6.24 10 36,000 43,500 49,000 6.25 (40,000) 6.26 11 36,000 44,500 49,500 6.27 12 45,000 50,000 6.28 13 46,000 51,000 6.29 14 46,500 51,500 6.30 15 47,500 52,000 6.31 16 48,000 53,000 6.32 17 49,000 53,500 6.33 18 49,500 54,000 6.34 19 50,500 55,000 6.35 20 51,000 55,500 6.36 21 52,000 56,000 6.37 22 52,500 57,000 6.38 23 53,500 57,500 6.39 24 54,000 58,000 6.40 25 (55,000) 59,000 6.41 26 (55,500) 59,500 6.42 27 (56,500) 60,000 6.43 28 (57,000) 61,000 6.44 29 (58,000) 61,500 7.1 30 (58,500) 62,000 7.2 31 (59,500) 63,000 7.3 32 (60,000) 63,500 7.4 33 64,000 7.5 34 65,000 7.6 35 65,500 7.7 36 66,000 7.8 37 67,000 7.9 38 67,500 7.10 39 68,000 7.11 40 69,000 7.12 41 69,500 7.13 42 70,000 7.14 43 71,000 7.15 44 71,500 7.16 45 72,000 7.17 46 72,500 7.18 47 (73,500) 7.19 48 (74,000) 7.20 49 (74,500) 7.21 50 (75,500) 7.22 51 (76,000) 7.23 new text begin 52 new text end new text begin (76,500) new text end 7.24 new text begin 53 new text end new text begin (77,500) new text end 7.25 new text begin 54 new text end new text begin (78,000) new text end 7.26 new text begin 55 new text end new text begin (78,500) new text end 7.27 new text begin 56 new text end new text begin (79,500) new text end 7.28 new text begin 57 new text end new text begin (80,000) new text end 7.29The maximum gross weight on a group of three consecutive axles where the distance 7.30between centers of foremost and rearmost axles is listed as seven feet or eight feet applies 7.31only to vehicles manufactured before August 1, 1991. 7.32"8 plus" refers to any distance greater than eight feet but less than nine feet. 7.33 Maximum gross weight in pounds on a group of 7.34 5 6 7 new text begin 8 new text end 7.35 7.36 7.37 7.38 7.39 7.40 7.41 Distances in feet between centers of foremost and rearmost axles of a group consecutive axles of a 5-axle vehicle or any combination of vehicles having a total of 5 or more axles consecutive axles of a new text begin 6-axle new text end new text begin vehicle or any new text end combination of vehicles having a total of 6 or more axles consecutive axles of a new text begin 7-axle new text end new text begin vehicle or any new text end combination of vehicles having a total of 7 or more axles new text begin consecutive axles new text end new text begin of an 8-axle vehicle new text end new text begin or any combination new text end new text begin of vehicles having new text end new text begin a total of 8 or more new text end new text begin axles new text end 7.42 14 57,000 7.43 15 57,500 8.1 16 58,000 8.2 17 59,000 8.3 18 59,500 8.4 19 60,000 8.5 20 60,500 66,000 72,000 8.6 21 61,500 67,000 72,500 8.7 22 62,000 67,500 73,000 8.8 23 62,500 68,000 73,500 8.9 24 63,000 68,500 74,000 8.10 25 64,000 69,000 75,000 8.11 26 64,500 70,000 75,500 8.12 27 65,000 70,500 76,000 8.13 28 65,500 71,000 76,500 8.14 29 66,500 71,500 77,000 8.15 30 67,000 72,000 77,500 8.16 31 67,500 73,000 78,500 8.17 32 68,000 73,500 79,000 8.18 33 69,000 74,000 79,500 8.19 34 69,500 74,500 80,000 8.20 35 70,000 75,000 new text begin (80,500) new text end new text begin (86,000) new text end 8.21 36 70,500 76,000 new text begin (81,000) new text end new text begin (86,500) new text end 8.22 37 71,500 76,500 new text begin (81,500) new text end new text begin (87,000) new text end 8.23 38 72,000 77,000 new text begin (82,000) new text end new text begin (87,500) new text end 8.24 39 72,500 77,500 new text begin (82,500) new text end new text begin (88,500) new text end 8.25 40 73,000 78,000 new text begin (83,500) new text end new text begin (89,000) new text end 8.26 41 (74,000) new text begin 74,000 new text end 79,000 new text begin (84,000) new text end new text begin (89,500) new text end 8.27 42 (74,500) new text begin 74,500 new text end 79,500 new text begin (84,500) new text end new text begin (90,000) new text end 8.28 43 (75,000) new text begin 75,000 new text end 80,000 new text begin (85,000) new text end new text begin (90,500) new text end 8.29 44 (75,500) new text begin 75,500 new text end new text begin (80,500) new text end new text begin (85,500) new text end new text begin (91,000) new text end 8.30 45 (76,500) new text begin 76,500 new text end new text begin (81,000) new text end new text begin (86,000) new text end new text begin (91,500) new text end 8.31 46 (77,000) new text begin 77,000 new text end new text begin (81,500) new text end new text begin (87,000) new text end new text begin (92,500) new text end 8.32 47 (77,500) new text begin 77,500 new text end new text begin (82,000) new text end new text begin (87,500) new text end new text begin (93,000) new text end 8.33 48 (78,000) new text begin 78,000 new text end new text begin (83,000) new text end new text begin (88,000) new text end new text begin (93,500) new text end 8.34 49 (79,000) new text begin 79,000 new text end new text begin (83,500) new text end new text begin (88,500) new text end new text begin (94,000) new text end 8.35 50 (79,500) new text begin 79,500 new text end new text begin (84,000) new text end new text begin (89,000) new text end new text begin (94,500) new text end 8.36 51 (80,000) new text begin 80,000 new text end new text begin (84,500) new text end new text begin (89,500) new text end new text begin (95,000) new text end 8.37 new text begin 52 new text end new text begin (80,500) new text end new text begin (85,000) new text end new text begin (90,500) new text end new text begin (95,500) new text end 8.38 new text begin 53 new text end new text begin (81,000) new text end new text begin (86,000) new text end new text begin (91,000) new text end new text begin (96,500) new text end 8.39 new text begin 54 new text end new text begin (81,500) new text end new text begin (86,500) new text end new text begin (91,500) new text end new text begin (97,000) new text end 8.40 new text begin 55 new text end new text begin (82,500) new text end new text begin (87,000) new text end new text begin (92,000) new text end new text begin (97,500) new text end 8.41 new text begin 56 new text end new text begin (83,000) new text end new text begin (87,500) new text end new text begin (92,500) new text end new text begin (98,000) new text end 8.42 new text begin 57 new text end new text begin (83,500) new text end new text begin (88,000) new text end new text begin (93,000) new text end new text begin (98,500) new text end 8.43 new text begin 58 new text end new text begin (84,000) new text end new text begin (89,000) new text end new text begin (94,000) new text end new text begin (99,000) new text end 9.1 new text begin 59 new text end new text begin (85,000) new text end new text begin (89,500) new text end new text begin (94,500) new text end new text begin (99,500) new text end 9.2 new text begin 60 new text end new text begin (85,500) new text end new text begin (90,000) new text end new text begin (95,000) new text end new text begin (100,500) new text end 9.3 new text begin 61 new text end new text begin (95,500) new text end new text begin (101,000) new text end 9.4 new text begin 62 new text end new text begin (96,000) new text end new text begin (101,500) new text end 9.5 new text begin 63 new text end new text begin (96,500) new text end new text begin (102,000) new text end 9.6 new text begin 64 new text end new text begin (97,000) new text end new text begin (102,500) new text end 9.7 new text begin 65 new text end new text begin (103,000) new text end 9.8 new text begin 66 new text end new text begin (103,500) new text end 9.9 new text begin 67 new text end new text begin (104,500) new text end 9.10 new text begin 68 new text end new text begin (105,000) new text end 9.11 new text begin 69 new text end new text begin (105,500) new text end 9.12 new text begin 70 new text end new text begin (106,000) new text end 9.13 new text begin 71 new text end new text begin (106,500) new text end 9.14 new text begin 72 new text end new text begin (107,000) new text end 9.15 new text begin 73 new text end new text begin (107,500) new text end 9.16 new text begin 74 new text end new text begin (108,000) new text end 9.17The gross weights shown in new text begin without new text end parentheses in this table are permitted only on 9.18state trunk highways and routes designated under section 169.832, subdivision 11. new text begin new text end 9.19 new text begin allowed on unpaved streets and highways, unless posted to a lesser weight under section new text end 9.20 new text begin 169.87, subdivision 1. The gross weights shown in this table, whether within or without new text end 9.21 new text begin parentheses, are allowed on paved streets and highways, unless posted to a lesser weight new text end 9.22 new text begin under section 169.87, subdivision 1. Gross weights in excess of 80,000 pounds require an new text end 9.23 new text begin overweight permit under this chapter, unless otherwise allowed under section 169.826. new text end 9.24(b) Notwithstanding any lesser weight in pounds shown in this table but subject to 9.25the restrictions on gross vehicle weights in subdivision 2, paragraph (a), two consecutive 9.26sets of tandem axles may carry a gross load of 34,000 pounds each and a combined gross 9.27load of 68,000 pounds provided the overall distance between the first and last axles of 9.28the consecutive sets of tandem axles is 36 feet or more. 9.29    Subd. 2. Gross vehicle weight of all axles; credit for idle reduction technology. 9.30    (a) Notwithstanding the provisions of section , The gross vehicle weight of all axles 9.31of a vehicle or combination of vehicles must not exceed: 9.32    (1) 80,000 pounds for any vehicle or combination of vehicles on all (i) trunk 9.33highways as defined in section 160.02, subdivision 29, (ii) routes designated under section 9.34169.832, subdivision 11, and (iii) paved nine-ton routes new text begin streets and highways, unless new text end 9.35 new text begin posted at a lower axle weight under section 169.87, subdivision 1 new text end ; new text begin and new text end 9.36    (2) 88,000 pounds for any vehicle or combination of vehicles with six or more 9.37axles while exclusively engaged in hauling livestock on all state trunk highways other 10.1than interstate highways, if the vehicle has a permit under section 169.86, subdivision 5, 10.2paragraph (k); and new text begin . new text end 10.3    (3) 73,280 pounds for any vehicle or combination of vehicles with five axles or less 10.4on all routes, other than routes identified in clause (1). 10.5    (b) Notwithstanding the maximum weight provisions of this section and section 10.6, and in order to promote the reduction of fuel use and emissions because of engine 10.7idling, the maximum gross vehicle weight limits and the axle weight limits for any motor 10.8vehicle subject to sections 169.80 to 169.88 and equipped with idle reduction technology 10.9 new text begin or emissions-reduction technology new text end must be increased by the amount of weight necessary 10.10to compensate for the weight of the idle reduction technology new text begin or emissions-reduction new text end 10.11 new text begin technology new text end , not to exceed 400 pounds. At the request of an authorized representative 10.12of the Department of Transportation or the Department of Public Safety, the vehicle 10.13operator shall provide proof that the vehicle is equipped with this technology through 10.14documentation or demonstration. 10.15    Sec. 7. Minnesota Statutes 2008, section 169.8261, is amended to read: 10.16169.8261 GROSS WEIGHT LIMITATIONS; FOREST PRODUCTS. 10.17     new text begin Subdivision 1. new text end new text begin Exemption. new text end (a) A vehicle or combination of vehicles hauling new text begin For new text end 10.18 new text begin purposes of this section, " new text end raw or unfinished forest products, including new text begin " include new text end wood 10.19chips, paper, pulp, oriented strand board, laminated strand lumber, hardboard, treated 10.20lumber, untreated lumber, or barrel staves, new text begin . new text end 10.21 new text begin (b) In compliance with this section, a person may operate a vehicle or combination new text end 10.22 new text begin of vehicles to haul raw or unfinished forest products new text end by the most direct route to the nearest 10.23 new text begin paved new text end highway that has been designated under section 169.832, subdivision 11, may be 10.24operated on any highway with gross weights permitted under sections 169.822 to 169.829 10.25without regard to load restrictions imposed on that highway, except that the vehicles must: new text begin . new text end 10.26     new text begin Subd. 2. new text end new text begin Conditions. new text end new text begin (a) A vehicle or combination of vehicles described in new text end 10.27 new text begin subdivision 1 must: new text end 10.28(1) comply with seasonal load restrictions in effect between the dates set by the 10.29commissioner under section 169.87, subdivision 2; 10.30    (2) comply with bridge load limits posted under section 169.84; 10.31    (3) be equipped and operated with six axles and brakes on all wheels; 10.32    (4) not exceed 90,000 pounds gross new text begin vehicle new text end weight, or 99,000 pounds gross new text begin vehicle new text end 10.33weight during the time when seasonal increases are authorized under section 169.826; 10.34    (5) not be operated on interstate and defense highways; 10.35    (6) obtain an annual permit from the commissioner of transportation; 11.1    (7) obey all road postings; and 11.2    (8) not exceed 20,000 pounds gross weight on any single axle. 11.3    (b) A vehicle operated under this section may exceed the legal axle weight limits 11.4listed in section 169.824 by not more than 12.5 percent; except that, the weight limits may 11.5be exceeded by not more than 22.5 new text begin 23.75 new text end percent during the time when seasonal increases 11.6are authorized under section 169.826, subdivision 1. 11.7    Sec. 8. Minnesota Statutes 2008, section 169.827, is amended to read: 11.8169.827 GROSS WEIGHT REDUCTION ON RESTRICTED ROUTE. 11.9The maximum weight on any single axle, two consecutive axles spaced within eight 11.10feet or less, three consecutive axles spaced within nine feet or less, or four consecutive 11.11axles spaced within 14 feet or less shall not exceed 18,000 pounds, 34,000 pounds, 43,000 11.12pounds, or 51,500 pounds respectively multiplied by a factor of the axle weight in tons 11.13allowed on the restricted route divided by nine. No combination of axle weights shall 11.14exceed those weights specified in Minnesota Statutes 1981 Supplement, section 169.825, 11.15subdivision 10 for nondesignated routes. 11.16    Sec. 9. Minnesota Statutes 2008, section 169.85, subdivision 2, is amended to read: 11.17    Subd. 2. Unloading. (a) Upon weighing a vehicle and load, as provided in this 11.18section, an officer may require the driver to stop the vehicle in a suitable place and remain 11.19standing until a portion of the load is removed that is sufficient to reduce the gross weight 11.20of the vehicle to the limit permitted under either section 168.013, subdivision 3, paragraph 11.21(b), or sections 169.822 to 169.829, whichever is the lesser violation, if any. A suitable 11.22place is a location where loading or tampering with the load is not prohibited by federal, 11.23state, or local law, rule, or ordinance. 11.24(b) Except as provided in paragraph (c), a driver may be required to unload a 11.25vehicle only if the weighing officer determines that (1) on routes subject to the provisions 11.26of sections 169.822 to 169.829, the weight on an axle exceeds the lawful gross weight 11.27prescribed by sections 169.822 to 169.829, by 2,000 pounds or more, or the weight on a 11.28group of two or more consecutive axles in cases where the distance between the centers 11.29of the first and last axles of the group under consideration is ten feet or less exceeds 11.30the lawful gross weight prescribed by sections 169.822 to 169.829, by 4,000 pounds or 11.31more; or (2) on routes designated by the commissioner in section 169.832, subdivision 11, 11.32the overall weight of the vehicle or the weight on an axle or group of consecutive axles 11.33exceeds the maximum lawful gross weights prescribed by sections to ; or 11.34(3) the weight is unlawful on an axle or group of consecutive axles on a road restricted in 12.1accordance with section 169.87. Material unloaded must be cared for by the owner or 12.2driver of the vehicle at the risk of the owner or driver. 12.3(c) If the gross weight of the vehicle does not exceed the vehicle's registered gross 12.4weight plus the weight allowance set forth in section 168.013, subdivision 3, paragraph 12.5(b), and plus, if applicable, the weight allowance permitted under section 169.826, then 12.6the driver is not required to unload under paragraph (b). 12.7    Sec. 10. Minnesota Statutes 2008, section 169.862, subdivision 2, is amended to read: 12.8    Subd. 2. Additional restrictions. Permits issued under this section are governed by 12.9the applicable provisions of section 169.86 except as otherwise provided herein and, in 12.10addition, carry the following restrictions: 12.11    (a) The vehicles may not be operated between sunset and sunrise, when visibility is 12.12impaired by weather, fog, or other conditions rendering persons and vehicles not clearly 12.13visible at a distance of 500 feet, or on Sunday from noon until sunset, or on the days the 12.14following holidays are observed: New Year's Day, Memorial Day, Independence Day, 12.15Labor Day, Thanksgiving Day, and Christmas Day. 12.16    (b) The vehicles may not be operated on interstate highways. 12.17    (c) new text begin (b) new text end The vehicles may not be operated on a trunk highway with a pavement less 12.18than 24 feet wide. 12.19    (d) new text begin (c) new text end A vehicle operated under the permit must be equipped with a retractable or 12.20removable mirror on the left side so located that it will reflect to the driver a clear view of 12.21the highway for a distance of at least 200 feet to the rear of the vehicle. 12.22    (e) new text begin (d) new text end A vehicle operated under the permit must display red, orange, or yellow flags, 12.2318 inches square, as markers at the front and rear and on both sides of the load. The load 12.24must be securely bound to the transporting vehicle. 12.25    (f) new text begin (e) new text end Farm vehicles not for hire carrying round baled hay less than 20 miles are 12.26exempt from the requirement to obtain a permit. All other requirements of this section 12.27apply to vehicles transporting round baled hay. 12.28    Sec. 11. Minnesota Statutes 2008, section 169.864, subdivision 1, is amended to read: 12.29    Subdivision 1. Special three-unit vehicle permit. The commissioner may issue a 12.30permit for a vehicle that meets the following requirements: 12.31    (1) is a combination of vehicles, including a truck-tractor and a semitrailer drawing 12.32one additional semitrailer, which may be equipped with an auxiliary dolly, and no 12.33semitrailer used in the three-vehicle combination has an overall length in excess of 28-1/2 12.34feet; 13.1    (2) has a maximum gross vehicle weight of 108,000 pounds; 13.2    (3) complies with the axle weight limits in section 169.824 or with the federal bridge 13.3formula for axle groups not described in that section; 13.4    (4) complies with the tire weight limits in section 169.823 or the tire manufacturers' 13.5recommended load, whichever is less; 13.6    (5) is operated only in this state on Trunk Highway marked 2 between Grand Rapids 13.7and the port of Duluth; on Trunk Highway marked 169 between Grand Rapids and its 13.8junction with Trunk Highway marked 53; on Trunk Highway marked 194 between Trunk 13.9Highway marked 2 and Trunk Highway marked 53; and on Trunk Highway marked 53 13.10between Virginia and the port of Duluth; and 13.11    (6) the seasonal weight increases authorized under section 169.826, subdivision 1, 13.12do not apply. 13.13    Sec. 12. Minnesota Statutes 2008, section 169.864, subdivision 2, is amended to read: 13.14    Subd. 2. Special two-unit vehicle permit. The commissioner may issue a permit 13.15for a vehicle that meets the following requirements: 13.16    (1) is a combination of vehicles consisting of a truck-tractor and a single semitrailer 13.17that may exceed 48 feet, but not 53 feet, if the distance from the kingpin to the centerline 13.18of the rear axle group of the semitrailer does not exceed 43 feet; 13.19    (2) has a maximum gross vehicle weight of 90,000 pounds or 97,000 pounds if 13.20the truck has seven axles; 13.21    (3) has a maximum gross vehicle weight of 98,000 new text begin 99,000 new text end pounds during the time 13.22when seasonal weight increases authorized under section 169.826, subdivision 1, are 13.23in effect; 13.24    (4) complies with the axle weight limits in section 169.824 or with the federal bridge 13.25formula for axle groups not described in that section; 13.26    (5) complies with the tire weight limits in section 169.823 or the tire manufacturers' 13.27recommended load, whichever is less; and 13.28    (6) is operated only on the highways specified in subdivision 1, clause (5). 13.29    Sec. 13. Minnesota Statutes 2008, section 169.865, subdivision 1, is amended to read: 13.30    Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit 13.31authorizing a vehicle or combination of vehicles with a total of six new text begin or more new text end axles to haul 13.32raw or unprocessed agricultural products and be operated with a gross vehicle weight 13.33of up to: 13.34    (1) 90,000 pounds; and 14.1    (2) 99,000 pounds during the period set by the commissioner under section 169.826, 14.2subdivision 1 . 14.3    (b) Notwithstanding subdivision 4, paragraph (a), clause (4), a vehicle or 14.4combination of vehicles operated under this subdivision and transporting only sealed 14.5intermodal containers may be operated on an interstate highway if allowed by the United 14.6States Department of Transportation. 14.7    (c) The fee for a permit issued under this subdivision is $300. 14.8    Sec. 14. Minnesota Statutes 2008, section 169.865, subdivision 2, is amended to read: 14.9    Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit 14.10authorizing a vehicle or combination of vehicles with a total of seven new text begin or more new text end axles to 14.11haul raw or unprocessed agricultural products and be operated with a gross vehicle weight 14.12of up to: 14.13    (1) 97,000 pounds; and 14.14    (2) 99,000 pounds during the period set by the commissioner under section 169.826, 14.15subdivision 1 . 14.16    (b) Drivers of vehicles operating under this subdivision must comply with driver 14.17qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code 14.18of Federal Regulations, title 49, parts 40 and 382. 14.19    (c) The fee for a permit issued under this subdivision is $500. 14.20    Sec. 15. Minnesota Statutes 2008, section 169.865, subdivision 3, is amended to read: 14.21    Subd. 3. Requirements; restrictions. (a) A vehicle or combination of vehicles 14.22operating under this section: 14.23    (1) is subject to axle weight limitations under section 169.824, subdivision 1, or the 14.24federal bridge formula for axle groups not described in that section; 14.25    (2) is subject to seasonal load restrictions under section 169.87; 14.26    (3) is subject to bridge load limits posted under section 169.84; 14.27    (4) may only be operated on trunk new text begin paved streets and new text end highways other than interstate 14.28highways, and on local roads designated under section 169.832, subdivision 11; 14.29    (5) may not be operated with loads that exceed the manufacturer's gross vehicle 14.30weight rating as affixed to the vehicle, or other certification of gross vehicle weight rating 14.31complying with Code of Federal Regulations, title 49, parts 567.4 to 567.7; 14.32    (6) must be issued a permit from each road authority having jurisdiction over a road 14.33on which the vehicle is operated, if required; 14.34    (7) must comply with the requirements of section 169.851, subdivision 4; and 15.1    (8) must have brakes on all wheels. 15.2    (b) The percentage allowances for exceeding gross weights if transporting unfinished 15.3forest products under section 168.013, subdivision 3, paragraph (b), or for the first haul of 15.4unprocessed or raw farm products or unfinished forest products under section 168.013, 15.5subdivision 3 , paragraph (d), clause (3), do not apply to a vehicle or combination of 15.6vehicles operated under this section. 15.7    Sec. 16. Minnesota Statutes 2008, section 169.865, subdivision 4, is amended to read: 15.8    Subd. 4. Deposit of revenues; appropriation. (a) Revenue from the permits issued 15.9 new text begin by the commissioner new text end under this section must be deposited: 15.10    (1) in fiscal years 2008 through 2011, in the bridge inspection and signing account 15.11in the special revenue fund; and 15.12    (2) in fiscal year 2012 and subsequent years, in the trunk highway fund. 15.13    (b) The revenue in the bridge inspection and signing account under this section is 15.14annually appropriated to the commissioner for: 15.15    (1) inspection of local bridges and identification of local bridges to be posted, 15.16including contracting with a consultant for some or all of these functions; and 15.17    (2) erection of weight-posting signs on local bridges. 15.18    Sec. 17. Minnesota Statutes 2008, section 169.866, subdivision 1, is amended to read: 15.19    Subdivision 1. Special three-unit vehicle permit. The commissioner may issue a 15.20permit for a vehicle that meets the following requirements: 15.21    (1) is a combination of vehicles, including a truck-tractor and a semitrailer 15.22drawing one additional trailer or semitrailer, and no semitrailer used in the three-vehicle 15.23combination has an overall length in excess of 28-1/2 feet; 15.24    (2) has a maximum gross vehicle weight of 105,500 pounds; 15.25    (3) complies with the axle weight limits in section 169.824, or with the federal 15.26bridge formula for axle groups not described in that section; 15.27    (4) complies with the tire weight limits in section 169.823, or the tire manufacturers' 15.28recommended load, whichever is less; 15.29    (5) is operated only in this state on marked Trunk Highway 175 from Hallock to the 15.30North Dakota border, on U.S. Highway 75 from Hallock to Donaldson, and on marked 15.31Trunk Highway 11 from Donaldson to the North Dakota border; and 15.32    (6) the seasonal weight increases authorized under section 169.826, subdivision 1, 15.33do not apply. 16.1    Sec. 18. Minnesota Statutes 2008, section 169.87, subdivision 2, is amended to read: 16.2    Subd. 2. Seasonal load restriction. Except for portland cement concrete roads, new text begin (a) new text end 16.3 new text begin Unless restricted as provided in subdivision 1, new text end between the dates set by the commissioner 16.4of transportation each year, the weight on any single axle shall not exceed new text begin : new text end 16.5 new text begin (1) new text end five tons on a county highway, town road, or city street that has not been 16.6restricted as provided in subdivision 1. new text begin an unpaved street or highway; or new text end 16.7 new text begin (2) ten tons on a paved street or highway. new text end 16.8 new text begin (b) new text end The gross weight on consecutive axles new text begin on an unpaved street or highway new text end shall not 16.9exceed the gross weight allowed in sections 169.822 to 169.829 multiplied by a factor of 16.10five divided by nine. This reduction shall not apply to the gross vehicle weight. 16.11    Sec. 19. Minnesota Statutes 2008, section 174.64, subdivision 4, is amended to read: 16.12    Subd. 4. Petition, notice, and hearing. (a) With respect to those matters within 16.13the commissioner's jurisdiction, the commissioner shall receive, hear, and determine all 16.14petitions filed with the commissioner in accordance with the procedures established by law 16.15and may hold hearings and make determinations upon the commissioner's own motion to 16.16the same extent, and in every instance, in which the commissioner may do so upon petition. 16.17(b) Upon receiving a petition filed pursuant to section 221.121, subdivision 1, or 16.18, the commissioner shall give notice of the filing of the petition to representatives 16.19of associations or other interested groups or persons who have registered their names 16.20with the commissioner for that purpose and to whomever the commissioner deems to be 16.21interested in the petition. The commissioner may grant or deny the request of the petition 16.2230 days after notice of the filing has been fully given. 16.23(c) new text begin (b) new text end If the commissioner receives a written objection and notice of intent to 16.24appear at a hearing to object to the petition from any person within 20 days of the notice 16.25having been fully given, the request of the petition must be granted or denied only after 16.26a contested case hearing has been conducted on the petition, unless the objection is 16.27withdrawn before the hearing. The commissioner may elect to hold a contested case 16.28hearing if no objections to the petition are received. If a timely objection is not received, 16.29or if received and withdrawn, and the request of the petition is denied without hearing, 16.30the petitioner may request within 30 days of receiving the notice of denial, and must be 16.31granted, a contested case hearing on the petition. 16.32    Sec. 20. Minnesota Statutes 2008, section 174.66, is amended to read: 16.33174.66 CONTINUATION OF CARRIER RULES. 17.1(a) Orders and directives in force, issued, or promulgated under authority of chapters 17.2174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed, 17.3modified, or superseded by duly authorized orders or directives of the commissioner of 17.4transportation. To the extent allowed under federal law or regulation, rules adopted under 17.5authority of the following sections are transferred to the commissioner of transportation 17.6and continue in force and effect until repealed, modified, or superseded by duly authorized 17.7rules of the commissioner: 17.8(1) section 218.041 except rules related to the form and manner of filing railroad 17.9rates, railroad accounting rules, and safety rules; 17.10(2) section 219.40; 17.11(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits 17.12or certificates of convenience and necessity under section 221.031, subdivision 1; 17.13(4) rules relating to the sale, assignment, pledge, or other transfer of a stock interest 17.14in a corporation holding authority to operate as a permit carrier as prescribed in section 17.15221.151, subdivision 1 ; 17.16(5) rules relating to rates, charges, and practices under section 221.161, subdivision 17.174 ; and 17.18(6) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits 17.19under sections 221.121 and 221.151. 17.20(b) The commissioner shall review the transferred rules, orders, and directives and, 17.21when appropriate, develop and adopt new rules, orders, or directives. 17.22    Sec. 21. Minnesota Statutes 2008, section 221.012, subdivision 19, is amended to read: 17.23    Subd. 19. Household goods. "Household goods" means personal effects and 17.24property used or to be used by the owner in the owner's dwelling; furniture, fixtures, 17.25equipment and property of business places and institutions, public or private, when a part 17.26of the stock, equipment, supplies or property of such establishments. 17.27    Sec. 22. Minnesota Statutes 2008, section 221.012, subdivision 29, is amended to read: 17.28    Subd. 29. Permit. "Permit" means the license, or franchise, which new text begin that new text end may be 17.29issued to motor carriers other than regular route common carriers of passengers, class I 17.30common carriers, and petroleum carriers, under the provisions of this chapter, authorizing 17.31the use of the highways of Minnesota for transportation for hire. 17.32    Sec. 23. Minnesota Statutes 2008, section 221.021, subdivision 1, is amended to read: 18.1    Subdivision 1. Registration certificate or permit required. No person may operate 18.2as a motor carrier or advertise or otherwise hold out as a motor carrier without a certificate 18.3of registration or permit in effect. A certificate or permit may be suspended or revoked 18.4upon conviction of violating a provision of sections 221.012 to new text begin new text end or an 18.5order or rule of the commissioner governing the operation of motor carriers, and upon a 18.6finding by the court that the violation was willful. The commissioner may, for good cause 18.7after a hearing, suspend or revoke a certificate or permit for a violation of a provision of 18.8sections 221.012 to new text begin 221.291 new text end or an order issued or rule adopted under this chapter. 18.9    Sec. 24. Minnesota Statutes 2008, section 221.022, is amended to read: 18.10221.022 EXCEPTION. 18.11The powers granted to the commissioner under sections 221.012 to new text begin new text end 18.12do not include the power to regulate any service or vehicles operated by the Metropolitan 18.13Council or to register passenger transportation service provided under contract to the 18.14department or the Metropolitan Council. A provider of passenger transportation service 18.15under contract to the department or the Metropolitan Council may not also provide service 18.16as a motor carrier of passengers without first having registered under section 221.0252. 18.17    Sec. 25. Minnesota Statutes 2008, section 221.025, is amended to read: 18.18221.025 EXEMPTIONS. 18.19The provisions of this chapter requiring a certificate or permit to operate as a motor 18.20carrier do not apply to the intrastate transportation described below: 18.21(1) the transportation of students to or from school or school activities in a school 18.22bus inspected and certified under section 169.451 and the transportation of children or 18.23parents to or from a Head Start facility or Head Start activity in a Head Start bus inspected 18.24and certified under section 169.451; 18.25(2) the transportation of solid waste, as defined in section 116.06, subdivision 22, 18.26including recyclable materials and waste tires, except that the term "hazardous waste" has 18.27the meaning given it in section 221.012, subdivision 18; 18.28(3) a commuter van as defined in section 221.012, subdivision 9; 18.29(4) authorized emergency vehicles as defined in section 169.011, subdivision 3, 18.30including ambulances; and tow trucks equipped with proper and legal warning devices 18.31when picking up and transporting (i) disabled or wrecked motor vehicles or (ii) vehicles 18.32towed or transported under a towing order issued by a public employee authorized to 18.33issue a towing order; 19.1(5) the transportation of grain samples under conditions prescribed by the 19.2commissioner; 19.3(6) the delivery of agricultural lime; 19.4(7) the transportation of dirt and sod within an area having a 50-mile radius from the 19.5home post office of the person performing the transportation; 19.6(8) the transportation of sand, gravel, bituminous asphalt mix, concrete ready mix, 19.7concrete blocks or tile and the mortar mix to be used with the concrete blocks or tile, or 19.8crushed rock to or from the point of loading or a place of gathering within an area having a 19.950-mile radius from that person's home post office or a 50-mile radius from the site of 19.10construction or maintenance of public roads and streets; 19.11(9) the transportation of pulpwood, cordwood, mining timber, poles, posts, decorator 19.12evergreens, wood chips, sawdust, shavings, and bark from the place where the products 19.13are produced to the point where they are to be used or shipped; 19.14(10) the transportation of fresh vegetables from farms to canneries or viner stations, 19.15from viner stations to canneries, or from canneries to canneries during the harvesting, 19.16canning, or packing season, or transporting sugar beets, wild rice, or rutabagas from the 19.17field of production to the first place of delivery or unloading, including a processing 19.18plant, warehouse, or railroad siding; 19.19(11) the transportation of property or freight, other than household goods and 19.20petroleum products in bulk, entirely within the corporate limits of a city or between 19.21contiguous cities except as provided in section ; 19.22(12) the transportation of unprocessed dairy products in bulk within an area having a 19.23100-mile radius from the home post office of the person providing the transportation; 19.24(13) the transportation of agricultural, horticultural, dairy, livestock, or other farm 19.25products within an area having a 100-mile radius from the person's home post office and 19.26the carrier may transport other commodities within the 100-mile radius if the destination 19.27of each haul is a farm; 19.28(14) the transportation of newspapers, as defined in section 331A.01, subdivision 19.295 , telephone books, handbills, circulars, or pamphlets in a vehicle with a gross vehicle 19.30weight of 10,000 pounds or less; and 19.31(15) transportation of potatoes from the field of production, or a storage site owned 19.32or otherwise controlled by the producer, to the first place of processing. 19.33The exemptions provided in this section apply to a person only while the person is 19.34exclusively engaged in exempt transportation. 19.35    Sec. 26. Minnesota Statutes 2008, section 221.026, subdivision 2, is amended to read: 20.1    Subd. 2. Exemptions from requirements. Notwithstanding any other law, a 20.2motor carrier of property is exempt from sections 221.021; ; 221.121; 221.122; 20.3221.123 ; 221.131; 221.132; 221.151; 221.161; 221.172, subdivisions new text begin subdivision new text end 3 to 8; 20.4 new text begin and new text end 221.185 , except as provided in subdivision 4; and . The exemptions in this 20.5subdivision do not apply to a motor carrier of property while transporting household goods. 20.6    Sec. 27. Minnesota Statutes 2008, section 221.026, subdivision 5, is amended to read: 20.7    Subd. 5. Local regulation. Section 221.091 applies to registration statements 20.8under this section to the same extent that it applies to certificates and permits issued by 20.9the board new text begin commissioner new text end . 20.10    Sec. 28. Minnesota Statutes 2008, section 221.0269, subdivision 3, is amended to read: 20.11    Subd. 3. Termination of relief efforts. (a) Upon termination of direct assistance 20.12to an emergency relief effort, a carrier or driver is subject to the requirements of section 20.13221.0314 , except that a driver may return empty to a carrier's terminal or the driver's 20.14normal work reporting location without complying with that section. A driver who 20.15informs the carrier that the driver needs immediate rest must be permitted at least eight 20.16consecutive hours off duty before the driver is required to return to the terminal or 20.17location. Having returned to the terminal or other location, the driver must be relieved 20.18of all duty and responsibilities. 20.19(b) When a driver has been relieved of all duty and responsibilities upon termination 20.20of direct assistance to an emergency relief effort, no new text begin a new text end carrier shall new text begin neither new text end permit or new text begin nor new text end 20.21require any driver used by it to drive nor shall any such driver drive in commerce until 20.22the driver: 20.23(1) has met the requirements of Code of Federal Regulations, title 49, section 395.3, 20.24paragraph (a) new text begin , which is incorporated by reference new text end ; and 20.25(2) has had at least 34 consecutive hours off duty if (i) the driver has been on duty for 20.26more than 60 hours in any seven consecutive days at the time the driver is relieved of all 20.27duty if the employing carrier does not operate every day in the week, or (ii) the driver has 20.28been on duty for more than 70 hours in any eight consecutive days at the time the driver is 20.29relieved of all duty if the employing carrier operates every day in the week. 20.30(c) For purposes of this section, direct assistance to an emergency relief effort 20.31terminates when a driver or commercial motor vehicle is used to transport cargo not 20.32destined for the emergency relief effort, or when the carrier dispatches that driver or 20.33vehicle to another location to begin operations in commerce. 21.1    Sec. 29. Minnesota Statutes 2008, section 221.031, subdivision 1, is amended to read: 21.2    Subdivision 1. Powers, duties, rules, filings. (a) This subdivision applies to motor 21.3carriers engaged in intrastate commerce. 21.4    (b) The commissioner shall prescribe rules for the operation of motor carriers, 21.5including their facilities; accounts; leasing of vehicles and drivers; service; safe operation 21.6of vehicles; equipment, parts, and accessories; hours of service of drivers; driver 21.7qualifications; accident reporting; identification of vehicles; installation of safety devices; 21.8inspection, repair, and maintenance; and proper automatic speed regulators if, in the 21.9opinion of the commissioner, there is a need for the rules. 21.10    (c) The commissioner shall direct the repair and reconstruction or replacement of 21.11an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require 21.12the construction and maintenance or furnishing of suitable and proper freight terminals, 21.13passenger depots, waiting rooms, and accommodations or shelters in a city in this state or 21.14at a point on the highway traversed which the commissioner, after investigation by the 21.15department, may deem just and proper for the protection of passengers or property. 21.16    (d) The commissioner shall new text begin (1) new text end require holders of household goods mover permits 21.17to file schedules of rates and charges, or other data by motor carriers, new text begin (2) new text end regulate motor 21.18carriers in matters affecting the relationship between them and the traveling and shipping 21.19public, and new text begin (3) new text end prescribe other rules as may be necessary to carry out the provisions of 21.20this chapter. 21.21    (e) The commissioner shall enforce sections 169.781 to 169.783. 21.22    Sec. 30. Minnesota Statutes 2008, section 221.031, subdivision 3, is amended to read: 21.23    Subd. 3. Vehicle over 10,000 pounds not exempt. (a) This subdivision applies to 21.24persons engaged in intrastate commerce who operate vehicles providing transportation 21.25described in section 221.025 with a gross vehicle weight in excess of 10,000 pounds, 21.26except school buses, commuter vans, and authorized emergency vehicles. 21.27(b) Persons providing transportation described in section 221.025, clause (6), (10), 21.28(12), or (13), must comply with the rules for driving of motor vehicles and for parts and 21.29accessories necessary for safe operation. 21.30(c) Persons providing transportation described in section 221.025, except for persons 21.31providing transportation described in clause (6), (10), (12), or (13), must comply with the 21.32rules for driving of motor vehicles; parts and accessories necessary for safe operation; 21.33and, after August 1, 1994, the rules for driver qualifications. 21.34    Sec. 31. Minnesota Statutes 2008, section 221.031, subdivision 3c, is amended to read: 22.1    Subd. 3c. Solid waste transporter not exempt. Persons providing transportation 22.2described in section 221.025, clause (2), must comply with the rules for driver 22.3qualifications after August 1, 1994; hours of service of drivers; driving of motor vehicles; 22.4parts and accessories necessary for safe operation; and inspection, repair, and maintenance. 22.5A local government unit, as defined in section 115A.03, subdivision 17, shall not enact or 22.6enforce laws, ordinances, or regulations for the operation of solid waste transporters that 22.7are inconsistent with the rules adopted in section 221.0314. 22.8    Sec. 32. Minnesota Statutes 2008, section 221.031, subdivision 6, is amended to read: 22.9    Subd. 6. Vehicle identification rule. (a) The following carriers shall display the 22.10carrier's name on the power unit of each vehicle new text begin comply with section 168.185 and with new text end 22.11 new text begin the requirements for marking commercial motor vehicles in Code of Federal Regulations, new text end 22.12 new text begin title 49, section 390.21, which is incorporated by reference new text end : 22.13    (1) motor carriers, regardless of the weight of the vehicle, except that this 22.14requirement does not apply to a limousine as defined in section 168.002, subdivision 15, 22.15that is equipped with "LM" license plates; 22.16    (2) interstate and intrastate private carriers operating vehicles with a gross vehicle 22.17weight of more than 10,000 pounds; and 22.18    (3) vehicles providing transportation described in section 221.025 with a gross 22.19vehicle weight of more than 10,000 pounds except those providing transportation 22.20described in section 221.025, clauses (1), (3), and (4). 22.21Vehicles described in clauses (2) and (3) that are operated by farmers or farm employees 22.22and have four or fewer axles new text begin section 168.185, paragraph (d), new text end are not required to comply 22.23with the vehicle identification rule of the commissioner. 22.24    (b) Vehicles subject to this subdivision must show the name or "doing business as" 22.25name of the carrier operating the vehicle. If the carrier operates a leased vehicle, it may 22.26show its name and the name of the lessor on the vehicle, if the lease relationship is clearly 22.27shown. If the name of a person other than the operating carrier appears on the vehicle, the 22.28words "operated by" must immediately precede the name of the carrier. 22.29    (c) The name must be in letters that contrast sharply in color with the background, 22.30be readily legible during daylight hours from a distance of 50 feet while the vehicle is 22.31stationary, and be maintained in a manner that retains the legibility of the markings. The 22.32name may be shown by use of a removable device if that device meets the identification 22.33and legibility requirements of this subdivision. 22.34    Sec. 33. Minnesota Statutes 2008, section 221.0314, subdivision 2, is amended to read: 23.1    Subd. 2. Qualification of driver. Code of Federal Regulations, title 49, part 391 23.2and appendixes D and E, are incorporated by reference except for sections 391.2; 391.11, 23.3paragraph (b)(1) ; 391.47; 391.49; 391.62; 391.64; 391.67; 391.68; new text begin and new text end 391.69; ; 23.4and . In addition, cross-references to sections or paragraphs not incorporated in this 23.5subdivision are not incorporated by reference. 23.6    Sec. 34. Minnesota Statutes 2008, section 221.0314, subdivision 3a, is amended to 23.7read: 23.8    Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant 23.9a waiver to a person who is not physically qualified to drive under Code of Federal 23.10Regulations, title 49, section 391.41, paragraph (b)(3) to (b)(13). A waiver granted under 23.11this subdivision applies to intrastate transportation only. 23.12(b) A person who wishes to obtain a waiver under this subdivision must give the 23.13commissioner the following information: 23.14(1) the applicant's name, address, and telephone number; 23.15(2) the name, address, and telephone number of an employer coapplicant, if any; 23.16(3) a description of the applicant's experience in driving the type of vehicle to be 23.17operated under the waiver; 23.18(4) a description of the type of driving to be done under the waiver; 23.19(5) a description of any modifications to the vehicle the applicant intends to drive 23.20under the waiver that are designed to accommodate the applicant's medical condition or 23.21disability; 23.22(6) whether the applicant has been granted another waiver under this subdivision; 23.23(7) a copy of the applicant's current driver's license; 23.24(8) a copy of a medical examiner's certificate showing that the applicant is medically 23.25unqualified to drive unless a waiver is granted; 23.26(9) a statement from the applicant's treating physician that includes: 23.27(i) the extent to which the physician is familiar with the applicant's medical history; 23.28(ii) a description of the applicant's medical condition for which a waiver is necessary; 23.29(iii) assurance that the applicant has the ability and willingness to follow any course 23.30of treatment prescribed by the physician, including the ability to self-monitor or manage 23.31the medical condition; and 23.32(iv) the physician's professional opinion that the applicant's condition will not 23.33adversely affect the applicant's ability to operate a motor vehicle safely; and 24.1(10) any other information considered necessary by the commissioner including 24.2requiring a physical examination or medical report from a physician who specializes 24.3in a particular field of medical practice. 24.4(c) In granting a waiver under this subdivision, the commissioner may impose 24.5conditions the commissioner considers necessary to ensure that an applicant is able to 24.6operate a motor vehicle safely and that the safety of the general public is protected. 24.7(d) A person who is granted a waiver under this subdivision must: 24.8(1) at intervals specified in the waiver, give the commissioner periodic reports from 24.9the person's treating physician, or a medical specialist if the commissioner so requires in 24.10the waiver, that contain the information described in paragraph (b), clause (9), together 24.11with a description of any episode that involved the person's loss of consciousness or loss 24.12of ability to operate a motor vehicle safely; and 24.13(2) immediately report the person's involvement in an accident for which a report is 24.14required under section 169.09, subdivision 7. 24.15(e) The commissioner shall deny an application if, during the three years preceding 24.16the application, new text begin : new text end 24.17 new text begin (1) new text end the applicant's driver's license has been suspended new text begin under section 171.18, new text end 24.18 new text begin paragraph (a), clauses (1) to (9), (11), and (12) new text end , canceled new text begin under section 171.14 new text end , or revoked 24.19 new text begin under section 171.17, 171.172, or 171.174; new text end or 24.20 new text begin (2) new text end the applicant has been convicted of a disqualifying offense, as defined in Code 24.21of Federal Regulations, title 49, section 383.51, paragraph (b)(2), which is incorporated 24.22by reference. 24.23(f) The commissioner may deny an application or may immediately revoke a 24.24waiver granted under this subdivision. Notice of the commissioner's reasons for denying 24.25an application or for revoking a waiver must be in writing and must be mailed to 24.26the applicant's or waiver holder's last known address by certified mail, return receipt 24.27requested. A person whose application is denied or whose waiver is revoked is entitled to 24.28a hearing under chapter 14. 24.29(g) A waiver granted under this subdivision expires on the date of expiration shown 24.30on the medical examiner's certificate described in paragraph (b), clause (8). 24.31    Sec. 35. Minnesota Statutes 2008, section 221.0314, subdivision 9, is amended to read: 24.32    Subd. 9. Hours of service of driver. Code of Federal Regulations, title 49, part 24.33395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (m), 24.34and (n) of section 395.1 and section of that part are not incorporated. In addition, 24.35cross-references to sections or paragraphs not incorporated in this subdivision are not 25.1incorporated by reference. The requirements of Code of Federal Regulations, title 49, part 25.2395, do not apply to drivers of lightweight vehicles. 25.3    Sec. 36. Minnesota Statutes 2008, section 221.033, subdivision 1, is amended to read: 25.4    Subdivision 1. Requirements. Except as provided in subdivisions 2 to 3, no 25.5person may transport or offer or accept for transportation within the state of Minnesota 25.6a hazardous material, hazardous substance, or hazardous waste except in compliance 25.7with United States Code, title 49, sections 5101 to 5126 and the provisions of Code of 25.8Federal Regulations, title 49, parts 171 to 199 new text begin , which are incorporated by reference new text end . Those 25.9provisions apply to transportation in intrastate commerce to the same extent they apply 25.10to transportation in interstate commerce. 25.11    Sec. 37. Minnesota Statutes 2008, section 221.033, subdivision 2, is amended to read: 25.12    Subd. 2. Exemption for farmer. (a) This subdivision applies to persons engaged 25.13in intrastate commerce. 25.14(b) Farmers or their employees transporting diesel fuel, gasoline, agricultural 25.15chemicals, or agricultural fertilizers for use on the transporter's farm are not required to 25.16comply with the rules adopted new text begin incorporated new text end in section 221.0314, subdivisions 2 to 5, 25.17for driver qualifications or with the shipping paper requirements of the Code of Federal 25.18Regulations, title 49, sections new text begin section new text end 172.200 and new text begin , new text end 177.817 new text begin , new text end or with section 397.7(B) or 25.19397.9(A) new text begin , paragraph (b), new text end of the Federal Motor Carrier Safety Regulations when: 25.20(1) transporting diesel fuel or gasoline in motorized tank truck vehicles of less than 25.211,500-gallon capacity owned by the transporter, or in tanks securely mounted in other 25.22motor vehicles with a gross vehicle weight of less than 10,000 pounds and owned by 25.23the transporter; or 25.24(2) transporting agricultural chemicals and agricultural fertilizers. 25.25    Sec. 38. Minnesota Statutes 2008, section 221.121, subdivision 1, is amended to read: 25.26    Subdivision 1. Petition new text begin Application new text end ; scope. (a) A person desiring to operate as a 25.27permit new text begin household goods new text end carrier, except as provided in subdivision 5 or section , 25.28shall file a petition with the commissioner specifying the kind of permit desired, the name 25.29and address of the petitioner and the names and addresses of the officers, if a corporation, 25.30and other information as the commissioner may require. Letters of shipper support 25.31must be filed with the petition new text begin shall file an application with the commissioner on a form new text end 25.32 new text begin the commissioner prescribes new text end . No person shall knowingly make a false or misleading 25.33statement in a petition new text begin an application new text end . 26.1    (b) The commissioner shall issue the permit upon compliance with the laws and rules 26.2relating to it, if it finds that petitioner is fit and able to conduct the proposed operations, 26.3that petitioner's vehicles meet the safety standards established by the department, provided 26.4that no person who holds a permit at the time sections to take effect may 26.5be denied a renewal of the permit upon compliance with other provisions of sections 26.6 to new text begin to an applicant who has filed an application complying with this new text end 26.7 new text begin subdivision, who has paid the required fee, and who has complied with the financial new text end 26.8 new text begin responsibility requirements in section 221.141. The commissioner shall not issue a permit new text end 26.9 new text begin to an applicant who has an unsatisfactory safety rating new text end . 26.10    (c) A permit once granted continues in full force and effect until abandoned or unless 26.11suspended or revoked, subject to compliance by the permit holder with the applicable 26.12provisions of law and the rules of the commissioner governing permit carriers. 26.13    (d) No permit may be issued to a common carrier by rail permitting the common 26.14carrier to operate trucks for hire within this state, nor may a common carrier by rail be 26.15permitted to own, lease, operate, control, or have an interest in a permit carrier by truck, 26.16either by stock ownership or otherwise, directly, indirectly, through a holding company, 26.17or by stockholders or directors in common, or in any other manner. Nothing in sections 26.18 to prevents the commissioner from issuing a permit to a common carrier 26.19by rail authorizing the carrier to operate trucks wholly within the limits of a municipality 26.20or within adjacent or contiguous municipalities or a common rate point served by the 26.21railroad and only as a service supplementary to the rail service now established by the 26.22carriers. new text begin All permits granted to household goods carriers must allow statewide operation. new text end 26.23 new text begin Notwithstanding any geographical restrictions imposed upon a permit at the time it was new text end 26.24 new text begin granted or any state law or rule to the contrary, the holder of a household goods permit new text end 26.25 new text begin may operate statewide. new text end 26.26    Sec. 39. Minnesota Statutes 2008, section 221.121, subdivision 7, is amended to read: 26.27    Subd. 7. Fee. The petitioner shall pay a fee of $150 into the treasury of the state of 26.28Minnesota for each kind of permit or extension of authority for which a petition is filed 26.29 new text begin applied for new text end under this section. 26.30    Sec. 40. Minnesota Statutes 2008, section 221.122, subdivision 1, is amended to read: 26.31    Subdivision 1. Registration, insurance, and filing requirements. (a) An order 26.32issued by the commissioner which grants a certificate or permit must contain a service date. 26.33(b) The person to whom the order granting the certificate or permit is issued shall do 26.34the following within 45 days from the service date of the order: 27.1(1) register vehicles which will be used to provide transportation under the permit or 27.2certificate with the commissioner and pay the vehicle registration fees required by law; 27.3(2) file and maintain insurance or bond as required by sections new text begin section new text end 221.141 and 27.4 and rules of the commissioner; and 27.5(3) file rates and tariffs as required by section 221.161 and rules of the commissioner. 27.6    Sec. 41. Minnesota Statutes 2008, section 221.123, is amended to read: 27.7221.123 EFFECT OF DEATH OF new text begin HOUSEHOLD GOODS CARRIER new text end 27.8PERMIT HOLDER. 27.9This section governs the transfer of a new text begin household goods carrier new text end permit in the event of 27.10the death of the permit holder. Within one year after the transfer of a permit of a deceased 27.11permit holder by the deceased permit holder's personal representative, or within one year 27.12after the date of a decree or order issued by the district court transferring the permit of a 27.13deceased permit holder, the distributee, as defined in section 524.1-201, who received the 27.14permit shall apply to the commissioner to have the permit transferred under the provisions 27.15of section 221.151, subdivision 2. 27.16If an application to transfer the permit is not filed within the time prescribed above, 27.17the permit is revoked and the commissioner shall so notify the person who had received 27.18the permit. 27.19    Sec. 42. Minnesota Statutes 2008, section 221.132, is amended to read: 27.20221.132 PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD. 27.21For special or extraordinary events, the commissioner may issue a prepaid 27.22temporary vehicle identification card to a permit or certificate holder subject to section 27.23221.131, subdivision 2 or 3, for a fee of $5 per card. The card must be preprinted by the 27.24commissioner with the carrier's name, address, and permit or certificate number. The card 27.25may be used by the motor carrier to whom it is issued to identify a vehicle temporarily 27.26added to its fleet, if the vehicle has evidence of being inspected under section 221.0252, 27.27subdivision 3 , paragraph (a), clause (2), new text begin or under Code of Federal Regulations, title 49, new text end 27.28 new text begin section 396.17 or 396.23, paragraph (b)(1), which are incorporated by reference, new text end within 27.29the previous 12 months, or has a current Commercial Vehicle Safety Alliance decal. The 27.30card must be executed by the motor carrier by dating and signing the card and describing 27.31the vehicle in which it will be carried. The identification card is valid for a period of ten 27.32days from the date the motor carrier places on the card when the card is executed. The 27.33card must be used within one year from the date of issuance by the commissioner. The 27.34card may not be used if the permit or certificate is not in full force and effect. The card 28.1may not be transferred. The commissioner may not refund the cost of unused prepaid 28.2temporary vehicle identification cards. 28.3    Sec. 43. Minnesota Statutes 2008, section 221.151, subdivision 1, is amended to read: 28.4    Subdivision 1. Petition. (a) Permits, except livestock permits, issued under section 28.5221.121 may be assigned or transferred but only upon the order of the commissioner 28.6approving the transfer or assignment after notice and hearing. 28.7    (b) The proposed seller and buyer or lessor and lessee of a permit, except for 28.8livestock carrier permits, shall file a joint notarized petition with the commissioner setting 28.9forth the name and address of the parties, the identifying number of the permit, and the 28.10description of the authority which the parties seek to sell or lease, a short statement of 28.11the reasons for the proposed sale or lease, a statement of outstanding claims of creditors 28.12which are directly attributable to the operation to be conducted under the permit, a copy of 28.13the contract of sale or lease, and a financial statement with a balance sheet and an income 28.14statement, if existent, of the buyer or lessee. If it appears to the commissioner from the 28.15contents of the petition and from the department's records, files, and investigation that 28.16the approval of the sale or lease of the permit will not adversely affect the rights of the 28.17users of the service, the commissioner may make an order granting the sale or lease. 28.18Provided, however, that the commissioner shall make no order granting the sale or lease 28.19of a permit to a person or corporation or association which holds a certificate or permit 28.20other than local cartage carrier permit from the commissioner under this chapter or to a 28.21common carrier by rail. 28.22    (c) The commissioner shall look to the substance of the transaction rather than the 28.23form. An agreement for the transfer or sale of a permit must be reported and filed with the 28.24commissioner within 30 days of the agreement. 28.25    (d) If an authority to operate as a permit carrier is held by a corporation, a sale, 28.26assignment, pledge, or other transfer of the stock interest in the corporation which will 28.27accomplish a substantial or material change or transfer of the majority ownership of 28.28the corporation, as exercised through its stockholders, must be reported in the manner 28.29prescribed in the rules of the commissioner within 30 days after the sale, assignment, 28.30pledge, or other transfer of stock. The commissioner shall then make a finding whether or 28.31not the stock transfer does, in fact, constitute a sale, lease, or other transfer of the permit of 28.32the corporation to a new party or parties and, if they so find, then the continuance of the 28.33permit issued to the corporation may only be upon the corporation's complying with the 28.34standards and procedures otherwise imposed by this section. 29.1    Sec. 44. Minnesota Statutes 2008, section 221.161, subdivision 1, is amended to read: 29.2    Subdivision 1. Filing; hearing upon board initiative; armored carrier 29.3exemption. (a) Except as provided in paragraph (b), A permit new text begin household goods new text end carrier, 29.4including a livestock carrier but not including a local cartage carrier, shall file and maintain 29.5with the commissioner a tariff showing rates and charges for transporting persons or 29.6property new text begin household goods new text end . Tariffs must be prepared and filed in accordance with the rules 29.7of the commissioner. When tariffs are filed in accordance with the rules and accepted by 29.8the commissioner, the filing constitutes notice to the public and interested parties of the 29.9contents of the tariffs. The commissioner shall not accept for filing tariffs that are unjust, 29.10unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or otherwise 29.11in violation of this section or rules adopted under this section. If the tariffs appear to 29.12be unjust, unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or 29.13otherwise in violation of this section or rules adopted under this section, after notification 29.14and investigation by the department, the board new text begin commissioner new text end may suspend and postpone 29.15the effective date of the tariffs and assign the tariffs for hearing upon notice to the permit 29.16 new text begin household goods new text end carrier filing the proposed tariffs and to other interested parties, including 29.17users of the service and competitive carriers by motor vehicle and rail. At the hearing, 29.18the burden of proof is on the permit new text begin household goods new text end carrier filing the proposed tariff to 29.19sustain the validity of the proposed schedule of rates and charges. Tariffs for transporting 29.20livestock are not subject to rejection, suspension, or postponement by the board, except 29.21as provided in subdivisions 2 and 3. The tariffs and subsequent supplements to them 29.22or reissues of them must state the effective date, which may not be less than ten days 29.23following the date of filing, unless the period of time is reduced by special permission of 29.24the commissioner. 29.25(b) A holder of an armored carrier permit is not required to file a tariff under this 29.26subdivision for the service authorized by the armored carrier permit. 29.27    Sec. 45. Minnesota Statutes 2008, section 221.161, subdivision 4, is amended to read: 29.28    Subd. 4. Hearing on merits of rates and charges. The commissioner, (1) after 29.29a suspension and hearing upon a schedule of rates and charges, or upon complaint, or 29.30upon the commissioner's own initiative, either in extension of an existing complaint or 29.31without a complaint whatever, (2) after department investigation and petition, (3) upon 29.32notice to the permit carrier or tariff agent proposing, maintaining, or charging a schedule 29.33of rates and charges on a single group of related commodities, and (4) upon notice to the 29.34users of the service and competitive carriers by motor vehicle and rail, may assign for 29.35hearing the schedule of rates and charges proposed, maintained, or charged by any or all 30.1permit carriers. Upon a finding, after a hearing, that the schedule of rates and charges are 30.2unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial or 30.3otherwise in violation of this section, the commissioner may prescribe minimum rates and 30.4charges and the rates, rules, and practices thereafter to be maintained and applied by the 30.5permit carrier or tariff agent. In the hearing the burden of proof is upon the permit carrier 30.6or tariff agent whose schedules of rates and charges are under investigation to show that 30.7the schedules are not below a minimum reasonable level or are not noncompensatory. 30.8Schedules of rates and charges for the transportation of livestock are not subject to 30.9rejection, suspension, postponement, or investigation by the commissioner except as 30.10provided in subdivisions 2 and 3. 30.11    Sec. 46. Minnesota Statutes 2008, section 221.171, is amended to read: 30.12221.171 COMPENSATION OF PERMIT new text begin HOUSEHOLD GOODS new text end CARRIER 30.13FIXED. 30.14    Subdivision 1. Compensation fixed by schedule on file. No permit new text begin household new text end 30.15 new text begin goods new text end carrier shall charge or receive a greater, lesser, or different compensation for the 30.16transportation of persons or property or for related service, than the rates and charges 30.17named in the carrier's schedule on file and in effect with the commissioner including any 30.18rate fixed by the commissioner under section 221.161; nor shall a permit new text begin household goods new text end 30.19carrier refund or remit in any manner or by any device, directly or indirectly, the rates and 30.20charges required to be collected by the carrier under the carrier's schedules or under the 30.21rates, if any, fixed by the commissioner. 30.22    Subd. 2. Exemptions; household goods. (a) A person engaged in the transportation 30.23of household goods for the federal government or an agency of the federal government or 30.24the transportation of household goods for the state government or an agency of the state 30.25government where competitive bids are required by law is exempt from subdivision 1. 30.26(b) A person engaged in the transportation of household goods at the request of a 30.27nonprofit charitable organization that qualifies for tax exemption under section 501(c)(3) 30.28of the Internal Revenue Code is exempt from subdivision 1 when the transportation 30.29is in furtherance of the organization's charitable purpose. A person engaged in the 30.30transportation of household goods for a charitable organization may conduct the 30.31transportation without restriction to the geographic area the carrier is authorized to serve 30.32under section new text begin statewide new text end . 30.33    Sec. 47. Minnesota Statutes 2008, section 221.172, subdivision 3, is amended to read: 31.1    Subd. 3. Class I, class II, or temperature-controlled commodities carrier; 31.2Household goods mover. (a) A class I carrier, class II carrier, household goods mover, 31.3and a holder of a temperature-controlled commodities permit shall keep a record of 31.4each shipment transported under a certificate or permit. A record may consist of one or 31.5more documents, including a bill of lading, freight bill, manifest, delivery receipt, or 31.6other document. If it consists of more than one document, the documents constituting a 31.7shipment record must be available for inspection together. 31.8(b) A record must show the: 31.9(1) names of the consignor and consignee; 31.10(2) date of shipment; 31.11(3) origin and destination points; 31.12(4) number of packages, if applicable to the rating of the freight or if the carrier's 31.13operating authority includes a package or article restriction, unless the shipment is 31.14transported by a household goods mover; 31.15(5) description of the freight; 31.16(6) new text begin (5) new text end weight, volume, or measurement of the freight, if applicable to the rating of 31.17the freight or if the carrier's operating authority includes a weight restriction; 31.18(7) new text begin (6) new text end exact rate or rates assessed; 31.19(8) new text begin (7) new text end total charges due, including the nature and amount of any charges for special 31.20service; new text begin and new text end 31.21(9) new text begin (8) new text end the name of each carrier participating in the transportation; and new text begin . new text end 31.22(10) after January 1, 1994, any terminals through which the shipment moved. 31.23    Sec. 48. Minnesota Statutes 2008, section 221.185, subdivision 2, is amended to read: 31.24    Subd. 2. Notice of suspension. (a) Failure to file and maintain insurance, renew 31.25permits under section 221.131, or to pay annual vehicle registration fees or renew 31.26permits under section 221.131 or , or to maintain in good standing a protective 31.27agent's or private detective's license required under section 221.121, subdivision 6g, or 31.28221.153, subdivision 3, suspends a motor carrier's permit or certificate two days after the 31.29commissioner sends notice of the suspension by certified mail, return receipt requested, to 31.30the last known address of the motor carrier. 31.31(b) In order to avoid permanent cancellation of the permit or certificate, the motor 31.32carrier must do one of the following within 45 days from the date of suspension: 31.33(1) comply with the law by filing insurance or bond, renewing permits, or paying 31.34vehicle registration fees; or 32.1(2) request a hearing before the commissioner regarding the failure to comply 32.2with the law. 32.3    Sec. 49. Minnesota Statutes 2008, section 221.185, subdivision 4, is amended to read: 32.4    Subd. 4. Grounds for cancellation. Except as provided in subdivision 5a, failure to 32.5comply with the requirements of sections new text begin section new text end 221.141 and relating to bonds 32.6and insurance, relating to permit renewal, new text begin or new text end 221.131 or relating to annual 32.7vehicle registration or permit renewal, 221.121, subdivision 6g, or 221.153, subdivision 3, 32.8relating to protective agent or private detective licensure, or new text begin failure new text end to request a hearing 32.9within 45 days of the date of suspension, is deemed an abandonment of the motor carrier's 32.10permit or certificate and the permit or certificate must be canceled by the commissioner. 32.11    Sec. 50. Minnesota Statutes 2008, section 221.185, subdivision 5a, is amended to read: 32.12    Subd. 5a. Reinstatement after cancellation. A motor carrier whose permit or 32.13certificate is canceled for failure to comply with sections new text begin section new text end 221.141 and 32.14relating to bonds and insurance may ask the commissioner to review the cancellation. 32.15Upon review, the commissioner shall rescind the cancellation if (1) the motor carrier 32.16presents evidence showing that before the effective date of the notice of cancellation 32.17issued under subdivision 5, the motor carrier had obtained and paid for the insurance 32.18required by sections new text begin section new text end 221.141 and , and the rules of the commissioner, and 32.19(2) the commissioner is satisfied that the motor carrier has complied with the requirements 32.20of sections new text begin section new text end 221.141 and and the rules of the commissioner. 32.21    Sec. 51. Minnesota Statutes 2008, section 221.185, subdivision 9, is amended to read: 32.22    Subd. 9. New petition. If the holder of a canceled permit or certificate seeks 32.23authority to operate as a motor carrier it shall file a petition with the commissioner for a 32.24permit or certificate as provided in section 221.121 or , whichever is applicable. 32.25    Sec. 52. Minnesota Statutes 2008, section 221.605, subdivision 1, is amended to read: 32.26    Subdivision 1. Federal regulations and state rules. (a) Interstate carriers and 32.27private carriers engaged in interstate commerce shall comply with the federal motor carrier 32.28regulations in Code of Federal Regulations, title 49, parts 40, 382, 383, 387, and 390 32.29through 398 new text begin , which are incorporated by reference, new text end and with the rules of the commissioner 32.30concerning inspections, vehicle and driver out-of-service restrictions and requirements, 32.31and vehicle, driver, and equipment checklists. For purposes of regulating commercial 32.32motor vehicles as defined in section 169.781, subdivision 1, the exemption provided in 33.1Code of Federal Regulations, title 49, section 396.11, paragraph (d), applies in Minnesota 33.2only to driveaway-towaway operations. 33.3(b) An interstate carrier or private carrier engaged in interstate commerce who 33.4complies with federal regulations governing testing for controlled substances and alcohol 33.5is exempt from the requirements of sections 181.950 to 181.957 unless the carrier's drug 33.6testing program provides for testing for controlled substances in addition to those listed in 33.7Code of Federal Regulations, title 49, section 40.85. Persons subject to this section may 33.8test for drugs, in addition to those listed in Code of Federal Regulations, title 49, section 33.940.85 , only in accordance with sections 181.950 to 181.957 and rules adopted under 33.10those sections. 33.11    Sec. 53. Minnesota Statutes 2008, section 221.68, is amended to read: 33.12221.68 REGISTRATION VIOLATIONS; PENALTIES. 33.13Any person who violates or procures, aids, or abets violation of, or fails to comply 33.14with, the provisions of Laws 1985, chapter 299, sections 27 to 29 new text begin section new text end new text begin , new text end new text begin , new text end 33.15 new text begin or new text end new text begin new text end or any valid order or rule of the commissioner issued hereunder shall be new text begin is new text end guilty 33.16of a misdemeanor; and, additionally, shall be new text begin is new text end subject to a penalty of $50 for each and 33.17every day of such failure to so comply, to be recovered for the state in a civil action. Each 33.18distinct violation shall be new text begin is new text end a separate offense. 33.19    Sec. 54. Minnesota Statutes 2008, section 221.81, subdivision 3d, is amended to read: 33.20    Subd. 3d. Identification. (a) A building new text begin mover is required to comply with section new text end 33.21 new text begin 221.031, subdivision 6. The new text end mover's name and address new text begin USDOT number new text end must be displayed 33.22on the power unit of a vehicle used to move buildings and on buildings being moved. 33.23(b) Vehicles and buildings must show the name or "doing business as" name of 33.24the license holder operating the vehicle and the community and abbreviation of the 33.25state in which the license holder maintains its principal office or in which the vehicle is 33.26customarily based. If the building mover operates a leased vehicle, it may show its name 33.27and the name of the lessor on the vehicle, if the lease relationship is clearly shown. If 33.28the name of a person other than the building mover appears on the vehicle, the words 33.29"operated by" must immediately precede the name of the building mover. 33.30(c) The name and address must be in letters that contrast sharply in color with the 33.31background, be readily legible during daylight hours from a distance of 50 feet while the 33.32vehicle or building is stationary, and be maintained in a manner that retains the legibility 33.33of the markings. The name and address may be shown by use of a removable device if that 33.34device meets the identification and legibility requirements of this subdivision. 34.1    Sec. 55. new text begin REVISION OF RULES. new text end 34.2 new text begin The commissioner of transportation shall repeal, amend, and adopt revisions to new text end 34.3 new text begin rules relating to motor carriers contained in Minnesota Rules, chapters 7800, 7805, 8850, new text end 34.4 new text begin 8855, and 8920, and may use the expedited process for adopting rules under Minnesota new text end 34.5 new text begin Statutes, section 14.389. new text end 34.6    Sec. 56. new text begin REVISOR'S INSTRUCTION. new text end 34.7 new text begin The revisor of statutes shall change the headnote for Minnesota Statutes, section new text end 34.8 new text begin 221.121, to read "HOUSEHOLD GOODS MOVER PERMIT." new text end 34.9    Sec. 57. new text begin REPEALER. new text end 34.10 new text begin Minnesota Statutes 2008, sections 169.67, subdivision 6; 169.826, subdivisions new text end 34.11 new text begin 1b and 5; 169.832, subdivisions 11 and 11a; 221.012, subdivisions 2, 3, 6, 7, 11, 12, new text end 34.12 new text begin 21, 23, 24, 30, 32, 39, 40, and 41; 221.031, subdivision 2b; 221.072; 221.101; 221.111; new text end 34.13 new text begin 221.121, subdivisions 2, 3, 5, 6, 6a, 6c, 6d, 6e, and 6f; 221.131, subdivision 2a; 221.141, new text end 34.14 new text begin subdivision 6; 221.151, subdivisions 2 and 3; 221.153; 221.172, subdivisions 4, 5, 6, 7, new text end 34.15 new text begin and 8; and 221.296, subdivisions 3, 4, 5, 6, 7, and 8, new text end new text begin are repealed. new text end 34.16    Sec. 58. new text begin EFFECTIVE DATE. new text end 34.17 new text begin Sections 2, 32, and 54 are effective August 1, 2011. new text end