HF 1056

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; providing for 
  1.3             qualifications of drivers of commercial motor 
  1.4             vehicles; authorizing metropolitan transit study; 
  1.5             requiring metropolitan council to monitor and assess 
  1.6             electric vehicle technology; authorizing free transit 
  1.7             bus passes for certain students; amending Minnesota 
  1.8             Statutes 1994, sections 473.375, by adding 
  1.9             subdivisions; and 473.408, by adding a subdivision; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapters 221; and 473. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  [221.0261] [QUALIFICATIONS OF DRIVERS.] 
  1.14     Subdivision 1.  [PART 391 INCORPORATED.] Code of Federal 
  1.15  Regulations, title 49, part 391 and appendixes C, D, and E, are 
  1.16  incorporated by reference except for sections 391.2; 391.11, 
  1.17  paragraph (b)(1); 391.47; 391.49; 391.67 to 391.71; those 
  1.18  sections incorporated in section 221.0268, subdivision 4; and 
  1.19  cross references to sections that are not incorporated by 
  1.20  reference. 
  1.21     Subd. 2.  [WAIVER FOR PHYSICAL DEFECTS.] (a) A person who 
  1.22  is not physically qualified to drive under subdivision 1, but 
  1.23  who meets the other qualifications in subdivision 1, may drive a 
  1.24  motor vehicle if the commissioner grants a waiver to that person.
  1.25  The commissioner may grant a waiver to a person who is not 
  1.26  physically qualified to drive under Code of Federal Regulations, 
  1.27  title 49, section 391.41, paragraph (b)(1) or (b)(2) according 
  1.28  to rules adopted under section 221.031. 
  2.1      (b) The commissioner may grant a waiver to a person who is 
  2.2   not physically qualified to drive under Code of Federal 
  2.3   Regulations, title 49, section 391.41, paragraphs (b)(3) to 
  2.4   (b)(13) for medical conditions for which waiver programs have 
  2.5   been established by the United States Department of 
  2.6   Transportation.  Except as required in paragraphs (c) to (f), 
  2.7   the commissioner shall require the same information and follow 
  2.8   the same procedure as the United States Department of 
  2.9   Transportation in granting the waivers.  The commissioner may 
  2.10  continue to grant waivers under this paragraph and paragraphs 
  2.11  (c) to (f) after the United States Department of Transportation 
  2.12  has discontinued its waiver program for a specific medical 
  2.13  condition if the commissioner determines that the waiver program 
  2.14  is consistent with the safe operation of motor vehicles. 
  2.15     (c) Despite federal requirements, the commissioner may 
  2.16  grant a waiver to a person who does not have three years' 
  2.17  experience in operating a commercial motor vehicle. 
  2.18     (d) Despite federal requirements, a person who has been 
  2.19  initially examined by a licensed physician and who has been 
  2.20  granted a waiver for a diabetic condition may be regularly 
  2.21  examined by the person's treating physician every six months 
  2.22  from the date a waiver is granted. 
  2.23     (e) Despite federal requirements, the commissioner may 
  2.24  grant a waiver to a person who requires insulin for controlling 
  2.25  diabetes but who has not been using insulin for the three years 
  2.26  preceding a waiver application if the applicant, in addition to 
  2.27  the information required by paragraph (b), submits a statement 
  2.28  from a licensed physician that includes: 
  2.29     (1) the date and a description of each episode experienced 
  2.30  by the person during the three years preceding a waiver 
  2.31  application that involved a loss of consciousness or voluntary 
  2.32  control due to hypoglycemia or hyperglycemia; 
  2.33     (2) the person's prognosis for control of the diabetes; and 
  2.34     (3) the licensed physician's professional opinion about 
  2.35  whether the person is medically qualified to exercise reasonable 
  2.36  and ordinary control over a commercial motor vehicle on the 
  3.1   public highways. 
  3.2      (f) A person who is granted a waiver after submitting the 
  3.3   information required in paragraph (e) must, in addition, submit 
  3.4   a statement from the person's treating physician every six 
  3.5   months from the date a waiver is granted that includes the 
  3.6   information described in paragraph (e), clauses (1) and (2), and 
  3.7   gives the physician's professional opinion about whether the 
  3.8   person continues to be medically qualified to exercise 
  3.9   reasonable and ordinary control over a commercial motor vehicle 
  3.10  on the public highways. 
  3.11     Subd. 3.  [AGE REQUIREMENT FOR DRIVERS.] Drivers of 
  3.12  vehicles engaged in intrastate transportation and subject to 
  3.13  subdivision 1 must be at least 18 years of age.  Drivers of 
  3.14  vehicles subject to section 221.033, must be at least 21 years 
  3.15  of age, except as provided in that section. 
  3.16     Subd. 4.  [LOCATION OF DRIVER QUALIFICATION FILES.] A 
  3.17  carrier subject to subdivision 1 must keep each driver's 
  3.18  qualification file at the carrier's principal place of business 
  3.19  for as long as a driver is employed by that carrier and for 
  3.20  three years after the driver leaves employment.  Upon written 
  3.21  request to and with the written approval of the commissioner, a 
  3.22  carrier may retain driver qualification files at a regional or 
  3.23  terminal office. 
  3.24     Sec. 2.  Minnesota Statutes 1994, section 473.375, is 
  3.25  amended by adding a subdivision to read: 
  3.26     Subd. 19.  [ROUTE OR SCHEDULE CHANGE.] The council, or the 
  3.27  operator or local government unit with which it has contracted, 
  3.28  shall consult with representatives of affected municipalities 
  3.29  and neighborhoods before changing existing transit routes or 
  3.30  schedules or implementing new routes or schedules. 
  3.31     Sec. 3.  Minnesota Statutes 1994, section 473.375, is 
  3.32  amended by adding a subdivision to read: 
  3.33     Subd. 20.  [ROUTE AND SCHEDULE PLANNING AND REVIEW.] The 
  3.34  council shall select a minimum of five metropolitan area 
  3.35  municipalities or organized neighborhood groups each year to 
  3.36  participate in a community route and schedule planning and 
  4.1   review project.  The council, or the operator or local unit with 
  4.2   which it has contracted, shall review existing transit services 
  4.3   within the selected municipalities or neighborhoods and identify 
  4.4   any changes necessary to meet the transit needs of the 
  4.5   municipalities or neighborhoods and achieve the transit program 
  4.6   goals in section 473.371, subdivision 2.  The council may 
  4.7   implement the identified changes or other services requested by 
  4.8   the municipalities or neighborhoods. 
  4.9      Sec. 4.  [473.381] [TRANSIT SERVICES COORDINATION STUDY.] 
  4.10     The metropolitan council may conduct a preliminary study of 
  4.11  certain transit services provided within the metropolitan area, 
  4.12  as defined in section 473.121, subdivision 2, in order to advise 
  4.13  the legislature concerning possible improvements in transit 
  4.14  services coordination.  The study may include, but is not 
  4.15  limited to: 
  4.16     (1) an identification of all transit services provided in 
  4.17  the metropolitan area by state agencies, counties, metropolitan 
  4.18  agencies, local government units, school districts, and 
  4.19  nonprofit organizations for health, human services or social 
  4.20  services, employment, or education purposes; 
  4.21     (2) a characterization and count of the users of each type 
  4.22  of identified transit service; 
  4.23     (3) an analysis of the cost, funding source, and revenue 
  4.24  for each type of transit service; 
  4.25     (4) recommendations concerning combining, coordinating, or 
  4.26  centralizing identified transit services relating to health, 
  4.27  human services or social services, and employment to achieve 
  4.28  greater efficiency or cost effectiveness; 
  4.29     (5) recommendations concerning combining, coordinating, or 
  4.30  centralizing identified transit services relating to education 
  4.31  to achieve greater efficiency or cost effectiveness; 
  4.32     (6) an assessment of the feasibility of combining special 
  4.33  transportation in the metropolitan area, as defined in section 
  4.34  473.386, with identified transit services and specifically with 
  4.35  special education transportation; 
  4.36     (7) recommendations concerning providing greater access to 
  5.1   regular route transit for the handicapped and elderly; 
  5.2      (8) an estimate of cost and proposed sources of funding for 
  5.3   any recommended transit coordination; and 
  5.4      (9) recommendations and cost estimates concerning possible 
  5.5   demonstration projects to test the efficacy of coordinated 
  5.6   transit services. 
  5.7      The council may submit a written report of the results of 
  5.8   the study to the transportation and public transit committees of 
  5.9   the legislature. 
  5.10     Sec. 5.  [473.395] [ELECTRIC VEHICLE TECHNOLOGY.] 
  5.11     The council shall monitor development of electric vehicle 
  5.12  technology and shall make a preliminary assessment of the 
  5.13  applicability of electric vehicle transportation to transit in 
  5.14  the metropolitan area.  The council shall submit a written 
  5.15  report of its assessment to the legislature no later than 
  5.16  February 1, 1996. 
  5.17     Sec. 6.  Minnesota Statutes 1994, section 473.408, is 
  5.18  amended by adding a subdivision to read: 
  5.19     Subd. 8.  [FREE BUS PASSES.] The council may offer free 
  5.20  one-month passes for regular route bus service to students in 
  5.21  grades 5 to 8 who complete study of a transit curriculum.  The 
  5.22  transit curriculum shall encourage personal use of transit and 
  5.23  increase awareness of the value and availability of transit 
  5.24  services.  The number of free one-month passes shall not exceed 
  5.25  one per child per year. 
  5.26     Sec. 7.  [APPLICATION.] 
  5.27     Sections 2 to 6 apply to the counties of Anoka, Carver, 
  5.28  Dakota, Hennepin, Ramsey, Scott, and Washington.