as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to motor carriers; deregulating and 1.3 conforming state motor carrier laws to federal 1.4 regulations and conditions; increasing registration 1.5 fees for motor carrier vehicles; making technical 1.6 changes; appropriating money; amending Minnesota 1.7 Statutes 1994, sections 168.013, subdivision 1e; 1.8 168.126, subdivisions 1 and 2; 174A.02, subdivision 4; 1.9 174A.06; 221.011, subdivisions 1, 7, 8, 9, 14, 15, 16, 1.10 26, 29, 37, and by adding subdivisions; 221.021; 1.11 221.022; 221.025; 221.031, subdivisions 1 and 5; 1.12 221.033, subdivisions 2 and 2a; 221.035, subdivision 1.13 2; 221.036, subdivisions 1 and 3; 221.041; 221.051, 1.14 subdivision 1; 221.061; 221.071; 221.081; 221.091; 1.15 221.121, subdivisions 1, 4, and 6a; 221.122, 1.16 subdivision 1; 221.131, subdivisions 2 and 3; 221.141, 1.17 subdivisions 1 and 5; 221.151, subdivisions 1 and 2; 1.18 221.161, subdivisions 1 and 4; 221.171, subdivision 2; 1.19 221.172, subdivisions 3, 9, and 10; 221.221, 1.20 subdivision 2; 221.281; 221.291, subdivisions 4 and 5; 1.21 221.60, subdivision 3a; 221.605, subdivision 1; 1.22 221.81, subdivision 3e; 221.84, subdivision 4; 221.85, 1.23 subdivision 3; and 609.671, subdivision 5; proposing 1.24 coding for new law in Minnesota Statutes, chapter 221; 1.25 repealing Minnesota Statutes 1994, sections 221.011, 1.26 subdivisions 10, 12, 18, 24, 25, 27, 28, 35, 36, 38, 1.27 39, 40, 41, 43, 44, 45, and 46; 221.031, subdivisions 1.28 2, 2a, 2b, 3, 3a, 3b, 3c, 6, 7, 8, and 9; 221.0313; 1.29 221.0314; 221.037; 221.072; 221.101; 221.111; 221.121, 1.30 subdivisions 3, 6c, 6d, 6e, 6f, and 6g; 221.131, 1.31 subdivisions 6 and 7; 221.141, subdivision 6; 221.151, 1.32 subdivision 3; 221.152; 221.153; 221.172, subdivisions 1.33 1, 2, 4, 5, 6, 7, and 8; 221.185; and 221.296. 1.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.35 ARTICLE 1 1.36 MOTOR CARRIER AMENDMENTS 1.37 Section 1. Minnesota Statutes 1994, section 221.011, 1.38 subdivision 1, is amended to read: 1.39 Subdivision 1. [SCOPE.]For the purposes of this chapter2.1 Unless the language or context clearly suggests a different 2.2 meaning is intended, the words, terms, and phrasesdefined2.3 used in thissectionchapter have the meanings given them in 2.4 this section. 2.5 Sec. 2. Minnesota Statutes 1994, section 221.011, 2.6 subdivision 7, is amended to read: 2.7 Subd. 7. [CERTIFICATE.] "Certificate" means the 2.8 certificate of public convenience and necessity issued under 2.9 section 221.071 to a regular route common carrier of passengers,2.10a class I motor carrier, or a petroleum carrier. 2.11 Sec. 3. Minnesota Statutes 1994, section 221.011, 2.12 subdivision 8, is amended to read: 2.13 Subd. 8. [PERMIT.] "Permit" means the license, or 2.14 franchise, which may be issued tomotor carriers other than2.15regular route common carriers of passengers, class I common2.16carriers, and petroleum carriers,household goods movers and 2.17 charter carriers underthe provisions ofthis chapter,2.18authorizing the use of the highways of Minnesota for2.19transportation for hire. 2.20 Sec. 4. Minnesota Statutes 1994, section 221.011, 2.21 subdivision 9, is amended to read: 2.22 Subd. 9. [REGULAR ROUTE COMMON CARRIER OF PASSENGERS.] 2.23 "Regular route common carrier of passengers" means a person who 2.24 holds out to the public as willing, for hire, to transport 2.25 passengers by motor vehicle between fixed termini over a regular 2.26 route upon the public highways. 2.27 Sec. 5. Minnesota Statutes 1994, section 221.011, 2.28 subdivision 14, is amended to read: 2.29 Subd. 14. [PERMIT CARRIER.] "Permit carrier" means amotor2.30carrier embraced within this chapter other than regular route2.31common carriers of passengers, class I carriers, and petroleum2.32carriershousehold goods mover or charter carrier. 2.33 Sec. 6. Minnesota Statutes 1994, section 221.011, 2.34 subdivision 15, is amended to read: 2.35 Subd. 15. [MOTOR CARRIER.] "Motor carrier" means acarrier2.36operating for hire under the authority of this chapter and3.1subject to the rules and orders of the commissioner and the3.2board: 3.3 (1) regular route common carrier of passengers; 3.4 (2) charter carrier; 3.5 (3) household goods mover; 3.6 (4) for-hire motor carrier of property; 3.7 (5) private motor carrier of property; 3.8 (6) private motor carrier of passengers (business); or 3.9 (7) private motor carrier of passengers (nonbusiness). 3.10 Sec. 7. Minnesota Statutes 1994, section 221.011, 3.11 subdivision 16, is amended to read: 3.12 Subd. 16. [FOR HIRE.] "For hire" means for remuneration or 3.13 compensation of any kind promised, paid, or given to or received 3.14 by a person for the transportation of persons or property on the 3.15 public highways, and includes compensation obtained by a motor 3.16 carrier indirectly, by subtraction from the purchase price or 3.17 addition to the selling price of property transported, when the 3.18 purchase or sale of the property is not a bona fide purchase or 3.19 sale. The transportation of property by a person who purchases 3.20 it immediately before transporting it, and sells it immediately 3.21 after transporting it, is transportation for hire. The lease or 3.22 rental of a motor vehicle to a person for transportation of the 3.23 person's property is transportation for hire and not private 3.24 carriage when the lessor, directly or indirectly, serves as 3.25 driver or obtains or arranges for a driver under the terms of 3.26 the motor vehicle lease.For hire does not include motor3.27vehicle operations conducted by a private carrier.3.28 Sec. 8. Minnesota Statutes 1994, section 221.011, 3.29 subdivision 26, is amended to read: 3.30 Subd. 26. [PRIVATE MOTOR CARRIER OF PROPERTY.] (a) 3.31 "Private motor carrier of property" means a person engaged in 3.32 the transportation of propertyor passengers by motor vehicle3.33 when: 3.34(a)(1) the person transporting the propertyor passengers3.35 is engaged in a business other than transportation;and3.36(b)(2) the transportation is within the scope of and 4.1 furthers a primary business, other than transportation, of that 4.2 person; and 4.3 (3) the transportation is provided by commercial motor 4.4 vehicle. 4.5 "Private carrier" does not include a person while engaged 4.6 in for-hire transportationdescribed in section 221.025. 4.7 Sec. 9. Minnesota Statutes 1994, section 221.011, 4.8 subdivision 29, is amended to read: 4.9 Subd. 29. [HAZARDOUS MATERIAL.] "Hazardous material"means4.10a substance or material determined by the United States4.11secretary of transportation to be capable of posing an4.12unreasonable risk to health, safety, and property when4.13transported in commerce, and so designated by the United States4.14secretary of transportationhas the meaning given it in Code of 4.15 Federal Regulations, title 49, section 171.8. 4.16 Sec. 10. Minnesota Statutes 1994, section 221.011, 4.17 subdivision 37, is amended to read: 4.18 Subd. 37. [CERTIFICATED CARRIER.] "Certificated carrier" 4.19 means amotor carrierregular route common carrier of passengers 4.20 holding a certificate issued under section 221.071. 4.21 Sec. 11. Minnesota Statutes 1994, section 221.011, is 4.22 amended by adding a subdivision to read: 4.23 Subd. 47. [CERTIFICATE OF REGISTRATION.] "Certificate of 4.24 registration" means the credential issued under section 221.0251 4.25 to a for-hire motor carrier of property or private motor carrier 4.26 of property or passengers. 4.27 Sec. 12. Minnesota Statutes 1994, section 221.011, is 4.28 amended by adding a subdivision to read: 4.29 Subd. 48. [COMMERCIAL MOTOR VEHICLE.] "Commercial motor 4.30 vehicle" means any self-propelled or towed vehicle used on 4.31 public highways in intrastate commerce to transport passengers 4.32 or property when the vehicle: 4.33 (1) has a gross vehicle weight rating or gross combination 4.34 weight rating of 10,001 or more pounds; 4.35 (2) is designed to transport more than 15 passengers, 4.36 including the driver; or 5.1 (3) is used in the transportation of hazardous materials in 5.2 a quantity requiring placarding under regulations issued under 5.3 the Hazardous Materials Transportation Act, United States Code, 5.4 title 49 appendix, sections 1801 to 1813. 5.5 Sec. 13. Minnesota Statutes 1994, section 221.011, is 5.6 amended by adding a subdivision to read: 5.7 Subd. 49. [CONDITIONAL SAFETY RATING.] "Conditional safety 5.8 rating" means the determination of the Federal Highway 5.9 Administration or the commissioner that a motor carrier does not 5.10 have adequate safety management controls in place to ensure 5.11 compliance with the safety fitness standard that could result in 5.12 the occurrences listed in section 221.027, subdivision 2. 5.13 Sec. 14. Minnesota Statutes 1994, section 221.011, is 5.14 amended by adding a subdivision to read: 5.15 Subd. 50. [FOR-HIRE MOTOR CARRIER OF PASSENGERS.] 5.16 "For-hire motor carrier of passengers" means a regular route 5.17 common carrier of passengers or charter carrier. 5.18 Sec. 15. Minnesota Statutes 1994, section 221.011, is 5.19 amended by adding a subdivision to read: 5.20 Subd. 51. [FOR-HIRE MOTOR CARRIER OF PROPERTY.] "For-hire 5.21 motor carrier of property" means a person engaged in the 5.22 for-hire transportation of property, other than household goods. 5.23 Sec. 16. Minnesota Statutes 1994, section 221.011, is 5.24 amended by adding a subdivision to read: 5.25 Subd. 52. [HOUSEHOLD GOODS MOVER.] "Household goods mover" 5.26 means a person who engages in the for-hire transportation of 5.27 household goods. 5.28 Sec. 17. Minnesota Statutes 1994, section 221.011, is 5.29 amended by adding a subdivision to read: 5.30 Subd. 53. [OPERATING AUTHORITY.] "Operating authority" 5.31 means a credential issued by the commissioner or the board that 5.32 authorizes the transportation of property or passengers under 5.33 this chapter. 5.34 Sec. 18. Minnesota Statutes 1994, section 221.011, is 5.35 amended by adding a subdivision to read: 5.36 Subd. 54. [PRIVATE MOTOR CARRIER OF PASSENGERS 6.1 (BUSINESS).] "Private motor carrier of passengers (business)" 6.2 means a person engaged in the intrastate transportation of 6.3 passengers by commercial motor vehicle when the transportation 6.4 is not for hire, is provided in the furtherance of a commercial 6.5 enterprise, and is not available to the public at large. 6.6 Sec. 19. Minnesota Statutes 1994, section 221.011, is 6.7 amended by adding a subdivision to read: 6.8 Subd. 55. [PRIVATE MOTOR CARRIER OF PASSENGERS 6.9 (NONBUSINESS).] "Private motor carrier of passengers 6.10 (nonbusiness)" means a person engaged in the intrastate 6.11 transportation of passengers by commercial motor vehicle when 6.12 the transportation is not for hire and does not meet the 6.13 definition of a private motor carrier of passengers (business). 6.14 Sec. 20. Minnesota Statutes 1994, section 221.011, is 6.15 amended by adding a subdivision to read: 6.16 Subd. 56. [PROPERTY.] "Property," when used in the 6.17 definitions of "for-hire motor carrier of property" and "private 6.18 motor carrier of property" means property of all kinds including 6.19 solid waste, garbage, refuse, and recyclable materials. 6.20 Sec. 21. Minnesota Statutes 1994, section 221.011, is 6.21 amended by adding a subdivision to read: 6.22 Subd. 57. [SATISFACTORY SAFETY RATING.] "Satisfactory 6.23 safety rating" means the determination of the Federal Highway 6.24 Administration or the commissioner that a motor carrier has in 6.25 place and functioning adequate safety management controls to 6.26 meet the safety fitness standard prescribed in section 221.027. 6.27 Safety management controls are adequate if they are appropriate 6.28 for the size and type of operation of the particular motor 6.29 carrier. 6.30 Sec. 22. Minnesota Statutes 1994, section 221.011, is 6.31 amended by adding a subdivision to read: 6.32 Subd. 58. [TRANSIT PROVIDER.] "Transit provider" means a 6.33 provider of passenger transportation service under contract to 6.34 and with financial assistance from the department or the 6.35 metropolitan council. 6.36 Sec. 23. Minnesota Statutes 1994, section 221.011, is 7.1 amended by adding a subdivision to read: 7.2 Subd. 59. [UNRATED CARRIER.] "Unrated carrier" means a 7.3 motor carrier who has not received a satisfactory, conditional, 7.4 or unsatisfactory safety rating from the Federal Highway 7.5 Administration or the commissioner. 7.6 Sec. 24. Minnesota Statutes 1994, section 221.011, is 7.7 amended by adding a subdivision to read: 7.8 Subd. 60. [UNSATISFACTORY SAFETY RATING.] "Unsatisfactory 7.9 safety rating" means the determination of the Federal Highway 7.10 Administration or the commissioner that a motor carrier does not 7.11 have adequate safety management controls in place to ensure 7.12 compliance with the safety fitness standard, which has resulted 7.13 in occurrences listed in section 221.027, subdivision 2. 7.14 Sec. 25. Minnesota Statutes 1994, section 221.021, is 7.15 amended to read: 7.16 221.021 [OPERATION CERTIFICATE OR PERMITOPERATING 7.17 AUTHORITY REQUIRED.] 7.18 Subdivision 1. [SUSPENSION OR REVOCATION OF CERTIFICATE OR 7.19 PERMIT.]No person may operate as a motor carrier or advertise7.20or otherwise hold out as a motor carrier without a certificate7.21or permit in effect.A certificate or permit may be suspended 7.22 or revoked upon conviction of violating a provision ofsections7.23221.011 to 221.296this chapter or an order or rule of the 7.24 commissioner or board governing the operation of motor carriers, 7.25 and upon a finding by the court that the violation was willful. 7.26 The board may, for good cause after a hearing, suspend or revoke 7.27 a certificate or permit for a violation of a provision of 7.28sections 221.011 to 221.296this chapter or an order issued or 7.29 rule adopted by the commissioner or board under this chapter. 7.30 Subd. 2. [REGULAR ROUTE COMMON CARRIER OF PASSENGERS.] No 7.31 person may advertise, hold out, or operate as a regular route 7.32 common carrier of passengers in intrastate commerce in Minnesota 7.33 without a certificate, issued by the board under section 7.34 221.071, in effect. 7.35 Subd. 3. [CHARTER CARRIERS AND HOUSEHOLD GOODS MOVERS.] No 7.36 person may advertise, hold out, or operate as a charter carrier 8.1 or household goods mover in intrastate commerce in Minnesota 8.2 without a permit, issued by the board under section 221.121, in 8.3 effect. 8.4 Subd. 4. [FOR-HIRE AND PRIVATE MOTOR CARRIERS.] No person 8.5 may advertise, hold out, or operate as a for-hire motor carrier 8.6 of property, a private motor carrier of property, a private 8.7 motor carrier of passengers (business), or a private motor 8.8 carrier of passengers (nonbusiness) in intrastate commerce in 8.9 Minnesota without a current certificate of registration, issued 8.10 by the commissioner under section 221.0251, in effect. 8.11 Sec. 26. Minnesota Statutes 1994, section 221.022, is 8.12 amended to read: 8.13 221.022 [EXCEPTION.] 8.14 The powers granted to the board undersections 221.011 to8.15221.296this chapter do not include the power to regulate any 8.16 service or vehicles operated by the metropolitan council or to 8.17 regulate passenger transportation service provided under 8.18 contract to the department or the metropolitan council. A 8.19 provider of passenger transportation service under contract to 8.20 the department or the metropolitan council may not provide 8.21 charter service without first having obtained a permit to 8.22 operate as a charter carrier. 8.23 Sec. 27. Minnesota Statutes 1994, section 221.025, is 8.24 amended to read: 8.25 221.025 [EXEMPTIONSSCOPE OF CHAPTER.] 8.26The provisions of(a) This chapterrequiring a certificate8.27or permit to operate as a motor carrier dodoes not apply tothe8.28intrastate transportation described below: 8.29(a)(1) the transportation of students to or from school or 8.30 school activities in a school bus inspected and certified under 8.31 section 169.451and; 8.32 (2) the transportation of children or parents to or from a 8.33 Head Start facility or Head Start activity in a Head Start bus 8.34 inspected and certified under section 169.451; 8.35(b)(3) the transportation ofsolid waste, as defined in8.36section 116.06, subdivision 22, including recyclable materials9.1and waste tires, except that the term "hazardous waste" has the9.2meaning given it in section 221.011, subdivision 31persons in a 9.3 commuter van, except as provided in section 221.71; and 9.4(c) a commuter van as defined in section 221.011,9.5subdivision 27;9.6(d)(4) transportation provided by an authorized emergency 9.7vehiclesvehicle as defined in section 169.01, subdivision 5, 9.8 including ambulances;.and tow trucks equipped with proper and9.9legal warning devices when picking up and transporting (1)9.10disabled or wrecked motor vehicles or (2) vehicles towed or9.11transported under a towing order issued by a public employee9.12authorized to issue a towing order;9.13(e) the transportation of grain samples under conditions9.14prescribed by the board;9.15(f) the delivery of agricultural lime;9.16(g) the transportation of dirt and sod within an area9.17having a 50-mile radius from the home post office of the person9.18performing the transportation;9.19(h) the transportation of sand, gravel, bituminous asphalt9.20mix, concrete ready mix, concrete blocks or tile and the mortar9.21mix to be used with the concrete blocks or tile, or crushed rock9.22to or from the point of loading or a place of gathering within9.23an area having a 50-mile radius from that person's home post9.24office or a 50-mile radius from the site of construction or9.25maintenance of public roads and streets;9.26(i) the transportation of pulpwood, cordwood, mining9.27timber, poles, posts, decorator evergreens, wood chips, sawdust,9.28shavings, and bark from the place where the products are9.29produced to the point where they are to be used or shipped;9.30(j) the transportation of fresh vegetables from farms to9.31canneries or viner stations, from viner stations to canneries,9.32or from canneries to canneries during the harvesting, canning,9.33or packing season, or transporting sugar beets, wild rice, or9.34rutabagas from the field of production to the first place of9.35delivery or unloading, including a processing plant, warehouse,9.36or railroad siding;10.1(k) the transportation of property or freight, other than10.2household goods and petroleum products in bulk, entirely within10.3the corporate limits of a city or between contiguous cities10.4except as provided in section 221.296;10.5(l) the transportation of unprocessed dairy products in10.6bulk within an area having a 100-mile radius from the home post10.7office of the person providing the transportation;10.8(m) the transportation of agricultural, horticultural,10.9dairy, livestock, or other farm products within an area having a10.1025-mile radius from the person's home post office and the10.11carrier may transport other commodities within the 25-mile10.12radius if the destination of each haul is a farm;10.13(n) passenger transportation service that is not charter10.14service and that is under contract to and with operating10.15assistance from the department or the metropolitan council;10.16(o) the transportation of newspapers, as defined in section10.17331A.01, subdivision 5, telephone books, handbills, circulars,10.18or pamphlets in a vehicle with a gross vehicle weight of 10,00010.19pounds or less; and10.20(p) transportation of potatoes from the field of10.21production, or a storage site owned or otherwise controlled by10.22the producer, to the first place of processing. The exemptions10.23provided in this section apply to a person only while the person10.24is exclusively engaged in exempt transportation.10.25 (b) "Commuter van" means a motor vehicle used in a 10.26 ridesharing arrangement and used principally to provide 10.27 prearranged transportation of persons for a fee to or from their 10.28 place of employment or to or from a transit stop authorized by a 10.29 local transit authority: 10.30 (1) when the vehicle is operated by a person who does not 10.31 drive the vehicle for that person's principal occupation but is 10.32 driving it only to or from that person's principal place of 10.33 employment or to or from a transit stop authorized by a local 10.34 transit authority; or 10.35 (2) when the vehicle is operated for personal use at other 10.36 times by an authorized driver. 11.1 Sec. 28. [221.0251] [CARRIER REGISTRATION.] 11.2 Subdivision 1. [APPLICABILITY.] This section applies to: 11.3 (1) for-hire motor carriers of property; 11.4 (2) private motor carriers of property; 11.5 (3) private motor carriers of passengers (business); and 11.6 (4) private motor carriers of passengers (nonbusiness). 11.7 Subd. 2. [REGISTRATION STATEMENT.] A person who wishes to 11.8 operate as a motor carrier described in subdivision 1 shall file 11.9 a complete and accurate registration statement with the 11.10 commissioner. A registration statement must be on a form 11.11 provided by the commissioner and include: 11.12 (1) the registrant's name, including an assumed or 11.13 fictitious name used by the registrant in doing business; 11.14 (2) the registrant's mailing address and business telephone 11.15 number; 11.16 (3) the registrant's federal Employer Identification Number 11.17 and Minnesota Business Identification Number and the 11.18 identification numbers, if any, assigned to the registrant by 11.19 the United States Department of Transportation, Interstate 11.20 Commerce Commission, or Environmental Protection Agency; 11.21 (4) the name, title, and telephone number of the individual 11.22 who is principally responsible for the operation of the 11.23 registrant's transportation business; 11.24 (5) the principal location from which the registrant 11.25 conducts its transportation business and where the records 11.26 required by this chapter will be kept; 11.27 (6) if different from clause (5), the location in Minnesota 11.28 where the records required by this chapter will be available for 11.29 inspection and copying by the commissioner; 11.30 (7) whether the registrant transports hazardous materials 11.31 or hazardous waste; 11.32 (8) whether the registrant's business is a corporation, 11.33 partnership, limited liability partnership, limited liability 11.34 company, or sole proprietorship; 11.35 (9) if the registrant is a foreign corporation authorized 11.36 to transact business in Minnesota, the state of incorporation 12.1 and the name and address of its registered agent; and 12.2 (10) if the registrant is a private motor carrier of 12.3 property or passengers, a brief description of the registrant's 12.4 primary business. 12.5 Subd. 3. [SIGNATURE REQUIRED.] A registration statement 12.6 may be signed only by a corporate officer, general partner, 12.7 limited liability company board member, or sole proprietor. A 12.8 signature must be notarized. 12.9 Subd. 4. [FEE.] The fee for filing a registration 12.10 statement is $20. 12.11 Subd. 5. [CERTIFICATE OF REGISTRATION; ISSUANCE; 12.12 LOCATION.] (a) The commissioner shall issue a certificate of 12.13 registration to a registrant who has filed a registration 12.14 statement that complies with subdivisions 2 and 3 and paid the 12.15 required fee, has a satisfactory safety rating and, if 12.16 applicable, has complied with the financial responsibility 12.17 requirements in section 221.141. The commissioner may issue a 12.18 certificate of registration to a registrant who is an unrated 12.19 carrier or who has a conditional safety rating if the registrant 12.20 also files a safety certification statement that conforms to 12.21 section 221.0271. The commissioner may not issue a certificate 12.22 of registration to a registrant who has an unsatisfactory safety 12.23 rating. 12.24 (b) A certificate of registration must be numbered and bear 12.25 an effective date. 12.26 (c) A certificate of registration must be kept at the 12.27 registrant's principal place of business. 12.28 Subd. 6. [DURATION.] A certificate of registration is not 12.29 assignable or transferable and is valid until it is suspended, 12.30 revoked, or canceled. 12.31 Subd. 7. [OBLIGATION TO KEEP INFORMATION CURRENT.] A 12.32 registrant shall notify the commissioner in writing of any 12.33 change in the information described in subdivision 2. 12.34 SAFETY REGULATIONS 12.35 Sec. 29. [221.026] [GENERAL PROVISIONS.] 12.36 Subdivision 1. [APPLICABILITY.] Except as provided in 13.1 section 221.0267, the federal regulations incorporated in 13.2 sections 221.0261 to 221.0266 apply to: 13.3 (1) for-hire motor carriers of property; 13.4 (2) private motor carriers of property; 13.5 (3) household goods movers; 13.6 (4) for-hire motor carriers of passengers; 13.7 (5) private motor carriers of passengers (business); 13.8 (6) private motor carriers of passengers (nonbusiness); and 13.9 (7) transit providers. 13.10 Subd. 2. [DEFINITIONS.] (a) When used in the regulations 13.11 incorporated in sections 221.0261 to 221.0266, the term "motor 13.12 carrier" means any carrier or person required to comply with 13.13 those regulations including the carrier or person's agents, 13.14 officers, and representatives as well as employees responsible 13.15 for hiring, supervising, training, assigning, or dispatching of 13.16 drivers and employees concerned with installing, inspecting, and 13.17 maintaining motor vehicle equipment or accessories. 13.18 (b) When used in the regulations incorporated in sections 13.19 221.0261 to 221.0266, terms defined in Code of Federal 13.20 Regulations, title 49, section 390.5, have the meanings given 13.21 them in that section unless the term, or its substantive 13.22 equivalent, is defined elsewhere in this chapter or unless the 13.23 language or context clearly suggests a different meaning is 13.24 intended. 13.25 Subd. 3. [SOLID WASTE TRANSPORTERS.] A local government 13.26 unit, as defined in section 115A.03, subdivision 17, shall not 13.27 enact or enforce laws, ordinances, or regulations for operating 13.28 solid waste transporters that are inconsistent with the 13.29 regulations incorporated in sections 221.0261 to 221.0266. 13.30 "Solid waste transporter" means a person who is exclusively 13.31 engaged in the transportation of solid waste, as defined in 13.32 section 116.06, subdivision 22, including recyclable materials 13.33 and waste tires, except that the term "hazardous waste" has the 13.34 meaning given it in section 221.011, subdivision 31. 13.35 Sec. 30. [221.0261] [QUALIFICATIONS OF DRIVERS.] 13.36 Subdivision 1. [PART 391 INCORPORATED.] Code of Federal 14.1 Regulations, title 49, part 391 and appendixes C, D, and E, are 14.2 incorporated by reference except for sections 391.2; 391.11, 14.3 paragraph (b)(1); 391.47; 391.49; 391.67 to 391.71; those 14.4 sections incorporated in section 221.0268, subdivision 4; and 14.5 cross references to sections that are not incorporated by 14.6 reference. 14.7 Subd. 2. [WAIVER FOR PHYSICAL DEFECTS.] (a) A person who 14.8 is not physically qualified to drive under subdivision 1, but 14.9 who meets the other qualifications in subdivision 1, may drive a 14.10 motor vehicle if the commissioner grants a waiver to that person. 14.11 The commissioner may grant a waiver to a person who is not 14.12 physically qualified to drive under Code of Federal Regulations, 14.13 title 49, section 391.41, paragraph (b)(1) or (b)(2) according 14.14 to rules adopted under section 221.031. 14.15 (b) The commissioner may grant a waiver to a person who is 14.16 not physically qualified to drive under Code of Federal 14.17 Regulations, title 49, section 391.41, paragraphs (b)(3) to 14.18 (b)(13) for medical conditions for which waiver programs have 14.19 been established by the United States Department of 14.20 Transportation. Except as required in paragraphs (c) to (f), 14.21 the commissioner shall require the same information and follow 14.22 the same procedure as the United States Department of 14.23 Transportation in granting the waivers. The commissioner may 14.24 continue to grant waivers under this paragraph and paragraphs 14.25 (c) to (f) after the United States Department of Transportation 14.26 has discontinued its waiver program for a specific medical 14.27 condition if the commissioner determines that the waiver program 14.28 is consistent with the safe operation of motor vehicles. 14.29 (c) Despite federal requirements, the commissioner may 14.30 grant a waiver to a person who does not have three years' 14.31 experience in operating a commercial motor vehicle. 14.32 (d) Despite federal requirements, a person who has been 14.33 initially examined by a board-certified endocrinologist and who 14.34 has been granted a waiver for a diabetic condition may be 14.35 regularly examined by the person's treating physician every six 14.36 months from the date a waiver is granted. 15.1 (e) Despite federal requirements, the commissioner may 15.2 grant a waiver to a person who requires insulin for controlling 15.3 diabetes but who has not been using insulin for the three years 15.4 preceding a waiver application if the applicant, in addition to 15.5 the information required by paragraph (b), submits a statement 15.6 from a board-certified endocrinologist that includes: 15.7 (1) the date and a description of each episode experienced 15.8 by the person during the three years preceding a waiver 15.9 application that involved a loss of consciousness or voluntary 15.10 control due to hypoglycemia or hyperglycemia; 15.11 (2) the person's prognosis for control of the diabetes; and 15.12 (3) the endocrinologist's professional opinion about 15.13 whether the person is medically qualified to exercise reasonable 15.14 and ordinary control over a commercial motor vehicle on the 15.15 public highways. 15.16 (f) A person who is granted a waiver after submitting the 15.17 information required in paragraph (e) must, in addition, submit 15.18 a statement from the person's treating physician every six 15.19 months from the date a waiver is granted that includes the 15.20 information described in paragraph (e), clauses (1) and (2), and 15.21 gives the physician's professional opinion about whether the 15.22 person continues to be medically qualified to exercise 15.23 reasonable and ordinary control over a commercial motor vehicle 15.24 on the public highways. 15.25 Subd. 3. [AGE REQUIREMENT FOR DRIVERS.] Drivers of 15.26 vehicles engaged in intrastate transportation and subject to 15.27 subdivision 1 must be at least 18 years of age. Drivers of 15.28 vehicles subject to section 221.033, must be at least 21 years 15.29 of age, except as provided in that section. 15.30 Subd. 4. [LOCATION OF DRIVER QUALIFICATION FILES.] A 15.31 carrier subject to subdivision 1 must keep each driver's 15.32 qualification file at the carrier's principal place of business 15.33 for as long as a driver is employed by that carrier and for 15.34 three years after the driver leaves employment. Upon written 15.35 request to and with the written approval of the commissioner, a 15.36 carrier may retain driver qualification files at a regional or 16.1 terminal office. 16.2 Sec. 31. [221.0262] [DRIVING OF MOTOR VEHICLES.] 16.3 Code of Federal Regulations, title 49, part 392, is 16.4 incorporated by reference. 16.5 Sec. 32. [221.0263] [PARTS AND ACCESSORIES NECESSARY FOR 16.6 SAFE OPERATION.] 16.7 Code of Federal Regulations, title 49, part 393, is 16.8 incorporated by reference except that, despite the first 16.9 paragraph of Code of Federal Regulations, title 49, section 16.10 393.95, a lightweight vehicle must carry a fire extinguisher 16.11 meeting the requirements in Code of Federal Regulations, title 16.12 49, section 393.95. 16.13 Sec. 33. [221.0264] [HOURS OF SERVICE OF DRIVERS.] 16.14 Subdivision 1. [SPECIAL APPLICATION TO PASSENGER 16.15 TRANSPORTATION.] (a) A person who transports passengers for hire 16.16 in intrastate commerce, who is not made subject to the 16.17 regulations incorporated in this section by any other provision 16.18 of this chapter, shall comply with the regulations for hours of 16.19 service of drivers while transporting employees of an employer 16.20 who is directly or indirectly paying the cost of the 16.21 transportation. 16.22 (b) This subdivision does not apply to: 16.23 (1) a local transit commission; 16.24 (2) a transit authority created by law; or 16.25 (3) persons providing transportation: 16.26 (i) in special transportation service certified by the 16.27 commissioner under section 174.30; 16.28 (ii) that is special transportation service as defined in 16.29 section 174.29, subdivision 1, when provided by a volunteer 16.30 driver operating a private passenger vehicle as defined in 16.31 section 169.01, subdivision 3a; 16.32 (iii) in a limousine, the service of which is licensed by 16.33 the commissioner under section 221.84; or 16.34 (iv) in a taxicab, if the fare for the transportation is 16.35 determined by a meter inside the taxicab that measures the 16.36 distance traveled and displays the fare accumulated. 17.1 Subd. 2. [PART 395 INCORPORATED.] Code of Federal 17.2 Regulations, title 49, part 395, is incorporated by reference 17.3 except that sections 395.3 and 395.8 do not apply to a 17.4 lightweight vehicle. 17.5 Sec. 34. [221.0265] [INSPECTION; REPAIR; AND MAINTENANCE.] 17.6 (a) Code of Federal Regulations, title 49, part 396, is 17.7 incorporated by reference, except that sections 396.9 and 396.17 17.8 to 396.23 of that part are not incorporated. 17.9 (b) For purposes of regulating commercial motor vehicles as 17.10 defined in section 169.781, subdivision 1, the exemption 17.11 provided in Code of Federal Regulations, title 49, section 17.12 396.11, paragraph (d), applies in Minnesota only to 17.13 driveaway-towaway operations. 17.14 Sec. 35. [221.0266] [TRANSPORTING HAZARDOUS MATERIALS; 17.15 DRIVING AND PARKING.] 17.16 Subdivision 1. [APPLICABILITY.] The federal regulations 17.17 incorporated in sections 221.0261 to 221.0266, and rules adopted 17.18 under section 221.031, apply to any person while the person is 17.19 transporting a hazardous material, hazardous waste, or hazardous 17.20 substance of a type or in a quantity that requires the transport 17.21 vehicle to be marked or placarded in accordance with Code of 17.22 Federal Regulations, title 49, part 172. 17.23 Subd. 2. [PART 397 INCORPORATED.] Code of Federal 17.24 Regulations, title 49, part 397, is incorporated by reference. 17.25 Sec. 36. [221.0267] [EXEMPTIONS FROM SAFETY REGULATIONS.] 17.26 Subdivision 1. [GENERAL EXEMPTION.] The federal 17.27 regulations incorporated in sections 221.0261 to 221.0265 do not 17.28 apply to the metropolitan council, a transit authority created 17.29 by the legislature, a special transportation service provider 17.30 certified by the commissioner under section 174.30, or special 17.31 transportation service, as defined in section 174.29, 17.32 subdivision 1, when provided by a volunteer driver operating a 17.33 private passenger vehicle defined in section 169.01, subdivision 17.34 3a. 17.35 Subd. 2. [QUALIFICATIONS OF DRIVERS.] (a) The federal 17.36 regulations for qualifications of drivers incorporated in 18.1 section 221.0261 do not apply to a for-hire or private motor 18.2 carrier of property while exclusively engaged in the 18.3 transportation of: 18.4 (1) agricultural lime to a place of delivery; 18.5 (2) fresh vegetables from farms to canneries or viner 18.6 stations, from viner stations to canneries, or from canneries to 18.7 canneries during the harvesting, canning, or packing season, or 18.8 transporting sugar beets, wild rice, or rutabagas from the field 18.9 of production to the first place of delivery or unloading, 18.10 including a processing plant, warehouse, or railroad siding; 18.11 (3) potatoes from the field of production, or a storage 18.12 site owned or otherwise controlled by the producer, to the first 18.13 place of processing; 18.14 (4) unprocessed dairy products in bulk within a 100-mile 18.15 radius of the motor carrier's home post office; 18.16 (5) agricultural, horticultural, dairy, livestock, or other 18.17 farm products within a 25-mile radius of the motor carrier's 18.18 home post office; 18.19 (6) any property within a 25-mile radius of the motor 18.20 carrier's home post office if the destination of each haul is a 18.21 farm; and 18.22 (7) newspapers, as defined in section 331A.01, subdivision 18.23 5, telephone books, handbills, circulars, or pamphlets in a 18.24 vehicle with a gross vehicle weight of 10,000 pounds or less. 18.25 (b) The federal regulations for qualifications of drivers 18.26 incorporated in section 221.0261 do not apply to a private motor 18.27 carrier of property who is a farmer while the farmer or a farm 18.28 employee is operating a motor vehicle transporting agricultural 18.29 products, farm machinery, or supplies to or from a farm unless 18.30 the vehicle is transporting a hazardous material when the 18.31 hazardous material is of a type or in a quantity that requires 18.32 the transport vehicle to be marked or placarded according to 18.33 section 221.033. 18.34 (c) The following federal regulations for qualifications of 18.35 drivers incorporated in section 221.0261 do not apply to a 18.36 private motor carrier of passengers (nonbusiness) and its 19.1 drivers: 19.2 (1) section 391.11, paragraphs (b)(8), (b)(10), and 19.3 (b)(11), relating to driver qualifications in general; 19.4 (2) sections 391.21 to 391.27, relating to background and 19.5 character; 19.6 (3) sections 391.31 to 391.37, relating to examinations and 19.7 tests; 19.8 (4) sections 391.41 and 391.45, to the extent that they 19.9 require a driver to be medically examined and have a medical 19.10 examiner's certificate in the driver's possession; 19.11 (5) section 391.51, relating to files and records; and 19.12 (6) sections 391.81 to 391.123, relating to controlled 19.13 substances testing. 19.14 (d) The federal regulations in sections 391.31 to 391.37, 19.15 relating to examinations and tests do not apply to a private 19.16 motor carrier of passengers (business) and its drivers. 19.17 (e) The federal regulatory provisions of sections 391.21, 19.18 relating to applications for employment; 391.23, relating to 19.19 investigations and inquiries; and 391.31, relating to road 19.20 tests, do not apply to a driver who has been a regularly 19.21 employed driver of a private motor carrier of passengers 19.22 (business) as of July 1, 1994, so long as the driver continues 19.23 to be a regularly employed driver of that carrier. A driver 19.24 described in this paragraph is qualified to drive a motor 19.25 vehicle if that driver fulfills the federal regulatory 19.26 requirements of section 391.11, paragraphs (b)(1) to (b)(9). 19.27 (f) While in the state, a charter carrier driver engaged in 19.28 intrastate commerce who has in possession a license with a 19.29 school bus endorsement under section 171.321 or rules of the 19.30 commissioner of public safety is not required to have a medical 19.31 examiner's certificate otherwise required by section 221.0261, 19.32 subdivision 1. 19.33 Subd. 3. [PARTS AND ACCESSORIES NECESSARY FOR SAFE 19.34 OPERATION.] The regulation for vehicle rear-end protection in 19.35 Code of Federal Regulations, title 49, section 393.86, 19.36 incorporated in section 221.0263, does not apply to a rear-end 20.1 dump truck or other rear-unloading truck while being used for 20.2 hauling agricultural and other farm products from a place of 20.3 production or on-farm storage site to a place of processing or 20.4 storage. 20.5 Subd. 4. [HOURS OF SERVICE OF DRIVERS.] (a) The 20.6 regulations for hours of service of drivers incorporated in 20.7 section 221.0264 do not apply to a for-hire or private motor 20.8 carrier of property while exclusively engaged in the 20.9 transportation of: 20.10 (1) agricultural lime to a place of delivery; 20.11 (2) fresh vegetables from farms to canneries or viner 20.12 stations, from viner stations to canneries, or from canneries to 20.13 canneries during the harvesting, canning, or packing season, or 20.14 transporting sugar beets, wild rice, or rutabagas from the field 20.15 of production to the first place of delivery or unloading, 20.16 including a processing plant, warehouse, or railroad siding; 20.17 (3) potatoes from the field of production, or a storage 20.18 site owned or otherwise controlled by the producer, to the first 20.19 place of processing; 20.20 (4) unprocessed dairy products in bulk within a 100-mile 20.21 radius of the motor carrier's home post office; 20.22 (5) agricultural, horticultural, dairy, livestock, or other 20.23 farm products within a 25-mile radius of the motor carrier's 20.24 home post office; 20.25 (6) any property within a 25-mile radius of the motor 20.26 carrier's home post office if the destination of each haul is a 20.27 farm; 20.28 (7) grain samples under conditions prescribed by the board; 20.29 (8) dirt and sod within a 50-mile radius of the motor 20.30 carrier's home post office; 20.31 (9) sand, gravel, bituminous asphalt mix, concrete ready 20.32 mix, concrete blocks or tile and the mortar mix to be used with 20.33 the concrete blocks or tile, or crushed rock to or from the 20.34 point of loading or a place of gathering within a 50-mile radius 20.35 of the motor carrier's home post office or a 50-mile radius from 20.36 the site of construction or maintenance of public roads and 21.1 streets; 21.2 (10) pulpwood, cordwood, mining timber, poles, posts, 21.3 decorator evergreens, wood chips, sawdust, shavings, and bark 21.4 from the place where the products are produced to the point 21.5 where they are to be used or shipped; 21.6 (11) property or freight, other than household goods and 21.7 petroleum products in bulk, entirely within the corporate limits 21.8 of a city or between contiguous cities unless the movement is 21.9 entirely within an area composed of two contiguous cities of the 21.10 first class and municipalities contiguous thereto; 21.11 (12) newspapers, as defined in section 331A.01, subdivision 21.12 5, telephone books, handbills, circulars, or pamphlets in a 21.13 vehicle with a gross vehicle weight rating of 10,000 pounds or 21.14 less; or 21.15 (13) disabled or wrecked motor vehicles or vehicles towed 21.16 or transported under a towing order issued by a public employee 21.17 authorized to issue a towing order by a tow truck equipped with 21.18 proper warning devices. 21.19 (b) The regulations for hours of service of drivers 21.20 incorporated in section 221.0264 do not apply to a private motor 21.21 carrier of property who is: 21.22 (1) a public utility as defined in section 216B.02, 21.23 subdivision 4; 21.24 (2) a cooperative electric association organized under 21.25 chapter 308A; 21.26 (3) a telephone company as defined in section 237.01, 21.27 subdivision 2; 21.28 (4) engaged in the transportation of construction 21.29 materials, tools, and equipment from shop to job site or job 21.30 site to job site, for use by the private carrier in the new 21.31 construction, remodeling, or repair of buildings, structures, or 21.32 their appurtenances; 21.33 (5) a farmer while the farmer or a farm employee is 21.34 operating a motor vehicle transporting agricultural products, 21.35 farm machinery, or supplies to or from a farm unless the vehicle 21.36 is transporting a hazardous material when the hazardous material 22.1 is of a type or in a quantity that requires the transport 22.2 vehicle to be marked or placarded according to section 221.033; 22.3 or 22.4 (6) transporting agricultural and other farm products 22.5 within a 50-mile radius from the private motor carrier's 22.6 business location. 22.7 Subd. 5. [INSPECTION, REPAIR, AND MAINTENANCE.] (a) The 22.8 regulations for inspection, repair, and maintenance incorporated 22.9 in section 221.0265 do not apply to a for-hire or private motor 22.10 carrier of property while exclusively engaged in the 22.11 transportation of: 22.12 (1) agricultural lime to a place of delivery; 22.13 (2) fresh vegetables from farms to canneries or viner 22.14 stations, from viner stations to canneries, or from canneries to 22.15 canneries during the harvesting, canning, or packing season, or 22.16 transporting sugar beets, wild rice, or rutabagas from the field 22.17 or production to the first place of delivery or unloading, 22.18 including a processing plant, warehouse, or railroad siding; 22.19 (3) unprocessed dairy products in bulk within a 100-mile 22.20 radius of the motor carrier's home post office; 22.21 (4) potatoes from the field of production, or a storage 22.22 site owned or otherwise controlled by the producer, to the first 22.23 place of processing; 22.24 (5) agricultural, horticultural, dairy, livestock, or other 22.25 farm products within a 25-mile radius of the motor carrier's 22.26 home post office; 22.27 (6) any property within a 25-mile radius of the motor 22.28 carrier's home post office if the destination of each haul is a 22.29 farm; 22.30 (7) grain samples under conditions prescribed by the board; 22.31 (8) dirt and sod within a 50-mile radius of the motor 22.32 carrier's home post office; 22.33 (9) sand, gravel, bituminous asphalt mix, concrete ready 22.34 mix, concrete blocks or tile and the mortar mix to be used with 22.35 the concrete blocks or tile, or crushed rock to or from the 22.36 point of loading or a place of gathering within a 50-mile radius 23.1 of the motor carrier's home post office or a 50-mile radius from 23.2 the site of construction or maintenance of public roads and 23.3 streets; 23.4 (10) pulpwood, cordwood, mining timber, poles, posts, 23.5 decorator evergreens, wood chips, sawdust, shavings, and bark 23.6 from the place where the products are produced to the point 23.7 where they are to be used or shipped; 23.8 (11) property or freight, other than household goods and 23.9 petroleum products in bulk, entirely within the corporate limits 23.10 of a city or between contiguous cities unless the movement is 23.11 entirely within an area composed of two contiguous cities of the 23.12 first class and municipalities contiguous thereto; 23.13 (12) newspapers, as defined in section 331A.01, subdivision 23.14 5, telephone books, handbills, circulars, or pamphlets in a 23.15 vehicle with a gross vehicle weight rating of 10,000 pounds or 23.16 less; or 23.17 (13) disabled or wrecked motor vehicles or vehicles towed 23.18 or transported under a towing order issued by a public employee 23.19 authorized to issue a towing order by a tow truck equipped with 23.20 proper warning devices. 23.21 (b) The regulations for inspection, repair, and maintenance 23.22 incorporated in section 221.0265 do not apply to a private motor 23.23 carrier of property while exclusively engaged in the 23.24 transportation of agricultural and other farm products within a 23.25 50-mile radius from the private motor carrier's business 23.26 location. 23.27 (c) A private carrier operating a commercial motor vehicle 23.28 as defined in section 169.781, subdivision 1, shall comply with 23.29 sections 169.781 to 169.783. 23.30 Sec. 37. [221.0268] [CONTROLLED SUBSTANCES TESTING AND 23.31 PROCEDURES.] 23.32 Subdivision 1. [PURPOSE; INTENT; EXEMPTION.] (a) The 23.33 purpose of this section is to adopt federal regulations 23.34 governing testing for controlled substances. 23.35 (b) The legislature intends that the incorporated federal 23.36 regulations be applied: 24.1 (1) to persons who provide intrastate transportation, who 24.2 are subject to the regulations incorporated in section 221.0261 24.3 for driver qualifications, and who operate commercial motor 24.4 vehicles, as defined in Code of Federal Regulations, title 49, 24.5 section 391.85; and 24.6 (2) in the same manner that the federal regulations apply 24.7 to interstate transportation. 24.8 (c) Intrastate carriers who are required to comply with the 24.9 incorporated federal regulations are exempt from the 24.10 requirements of sections 181.950 to 181.957. This exemption 24.11 applies only to the testing of drivers. 24.12 Subd. 2. [DEFINITIONS.] For purposes of this section, the 24.13 following terms used in the federal regulations incorporated in 24.14 subdivisions 4 and 5 have the meanings given them in this 24.15 subdivision: 24.16 (a) "DOT agency" means the commissioner of transportation. 24.17 (b) "DOT agency regulations" means the federal regulations 24.18 incorporated in subdivisions 4 and 5. 24.19 (c) "Motor carrier" means a for-hire motor carrier of 24.20 property, for-hire motor carrier of passengers, household goods 24.21 mover, building mover, private motor carrier of property, 24.22 private motor carrier of passengers (business), and a transit 24.23 provider when: 24.24 (1) subject to the regulations for qualifications of 24.25 drivers under section 221.0261; and 24.26 (2) operating a commercial motor vehicle as defined in Code 24.27 of Federal Regulations, title 49, section 391.85. 24.28 The term "motor carrier" includes a carrier's agents; 24.29 officers; representatives; employees responsible for hiring, 24.30 supervising, training, assigning, or dispatching drivers; and 24.31 employees concerned with installing, inspecting, and maintaining 24.32 motor vehicle equipment or accessories. The definition of motor 24.33 carrier includes the term "employer." 24.34 Subd. 3. [APPLICABILITY.] The regulations incorporated in 24.35 subdivisions 4 and 5 apply to a motor carrier providing 24.36 transportation by commercial motor vehicle in intrastate 25.1 commerce except for a motor carrier who is required to comply 25.2 with Code of Federal Regulations, part 382. 25.3 Subd. 4. [CONTROLLED SUBSTANCE TESTING; FEDERAL 25.4 REGULATIONS INCORPORATED.] Code of Federal Regulations, title 25.5 49, sections 391.41, paragraph (c); 391.43, paragraph (a)(2); 25.6 391.81, paragraphs (a) and (b); 391.85; 391.87; 391.89; and 25.7 391.95 to 391.123; and part 391, appendix D, are incorporated by 25.8 reference. 25.9 Subd. 5. [PROCEDURES FOR TESTING PROGRAMS; FEDERAL 25.10 REGULATIONS INCORPORATED.] Code of Federal Regulations, title 25.11 49, sections 40.1; 40.3; 40.21, paragraphs (a), (c), and (d); 25.12 and 40.23 to 40.39; and part 40, appendix A, are incorporated by 25.13 reference. 25.14 Subd. 6. [APPLICABILITY OF OTHER TESTING PROGRAMS.] (a) 25.15 Sections 181.950 to 181.957 do not apply to a testing program 25.16 established under this section or Code of Federal Regulations, 25.17 title 49, part 382. 25.18 Sec. 38. [221.0269] [RELIEF FROM SAFETY REGULATIONS.] 25.19 Subdivision 1. [GOVERNOR MAY GRANT RELIEF.] The governor 25.20 may declare an emergency and grant relief from any of the 25.21 regulations incorporated in sections 221.0261 to 221.0266 to 25.22 carriers and drivers operating motor vehicles in Minnesota to 25.23 provide emergency relief during the emergency. The relief 25.24 granted may not exceed the duration of the motor carrier's or 25.25 driver's direct assistance in providing emergency relief, or 30 25.26 days from the date of the initial declaration of the emergency, 25.27 whichever is less. 25.28 Subd. 2. [EXTENSION OF RELIEF.] On request of a carrier or 25.29 driver, the commissioner may extend the 30-day relief period in 25.30 subdivision 1. A request for extension must be in writing and 25.31 must give a detailed explanation of the reasons for requesting 25.32 additional relief. The commissioner shall consider the severity 25.33 of the ongoing emergency and the nature of the relief services 25.34 to be provided by the motor carrier or driver in determining 25.35 whether to grant an extension. If the commissioner decides to 25.36 grant an extension, the extension must include a new time limit 26.1 and may include any restrictions on the carrier or driver the 26.2 commissioner considers necessary. 26.3 Subd. 3. [TERMINATION OF RELIEF EFFORTS.] (a) Upon 26.4 termination of direct assistance to an emergency relief effort, 26.5 a carrier or driver is subject to the requirements of sections 26.6 221.0261 to 221.0266, except that a driver may return empty to a 26.7 carrier's terminal or the driver's normal work reporting 26.8 location without complying with those sections. A driver who 26.9 informs the carrier that the driver needs immediate rest must be 26.10 permitted at least eight consecutive hours off duty before the 26.11 driver is required to return to the terminal or location. 26.12 Having returned to the terminal or other location, the driver 26.13 must be relieved of all duty and responsibilities. 26.14 (b) When a driver has been relieved of all duty and 26.15 responsibilities upon termination of direct assistance to an 26.16 emergency relief effort, no carrier shall permit or require any 26.17 driver used by it to drive nor shall any such driver drive in 26.18 commerce until the driver: 26.19 (1) has met the requirements of Code of Federal 26.20 Regulations, title 49, section 395.3, paragraph (a); and 26.21 (2) has had at least 24 consecutive hours off duty if (i) 26.22 the driver has been on duty for more than 60 hours in any seven 26.23 consecutive days at the time the driver is relieved of all duty 26.24 if the employing carrier does not operate every day in the week, 26.25 or (ii) the driver has been on duty for more than 70 hours in 26.26 any eight consecutive days at the time the driver is relieved of 26.27 all duty if the employing carrier operates every day in the week. 26.28 (c) For purposes of this section, direct assistance to an 26.29 emergency relief effort terminates when a driver or commercial 26.30 motor vehicle is used to transport cargo not destined for the 26.31 emergency relief effort, or when the carrier dispatches that 26.32 driver or vehicle to another location to begin operations in 26.33 commerce. 26.34 Sec. 39. [221.027] [SAFETY FITNESS DETERMINATION.] 26.35 Subdivision 1. [DEFINITIONS.] For purposes of this 26.36 section, the following terms have the meanings given them in 27.1 this subdivision: 27.2 (a) "Preventable accident" means an accident involving a 27.3 commercial motor vehicle that could have been averted but for an 27.4 act, or failure to act, by a motor carrier or driver. 27.5 (b) "Minnesota safety review" means the commissioner's 27.6 on-site examination of a carrier's operations to determine if a 27.7 carrier meets the safety fitness standard. The examination 27.8 includes a review of records relating to drivers' hours of 27.9 service, maintenance and inspection, driver qualification, 27.10 commercial driver's license requirements, financial 27.11 responsibility, accidents, hazardous materials, and other safety 27.12 and transportation records. 27.13 (c) "Safety management controls" means the systems, 27.14 policies, programs, practices, and procedures used by a carrier 27.15 to ensure compliance with applicable safety and hazardous 27.16 materials regulations that ensure the safe movement of products 27.17 and passengers through the transportation system, and to reduce 27.18 the risk of highway accidents and hazardous materials incidents 27.19 resulting in fatalities, injuries, and property damage. 27.20 Subd. 2. [SAFETY FITNESS STANDARD.] A satisfactory safety 27.21 rating is based on the degree of compliance with the safety 27.22 fitness standard for carriers. To meet the safety fitness 27.23 standard, a carrier must demonstrate that it has adequate safety 27.24 management controls in place that function effectively to ensure 27.25 acceptable compliance with applicable safety requirements to 27.26 reduce the risk associated with: 27.27 (1) commercial driver's license standard violations; 27.28 (2) inadequate levels of financial responsibility; 27.29 (3) the use of unqualified drivers; 27.30 (4) improper use and driving of motor vehicles; 27.31 (5) unsafe vehicles operating on the highways; 27.32 (6) failure to maintain accident registers and copies of 27.33 accident reports; 27.34 (7) the use of fatigued drivers; 27.35 (8) inadequate inspection, repair, and maintenance of 27.36 vehicles; 28.1 (9) transportation of hazardous materials, driving, and 28.2 parking rule violations; 28.3 (10) violation of hazardous materials regulations; and 28.4 (11) motor vehicle accidents and hazardous materials 28.5 incidents. 28.6 Subd. 3. [DETERMINATION OF SAFETY RATING.] Following a 28.7 Minnesota safety review of a carrier's operation, the 28.8 commissioner, using the factors in subdivision 4, shall 28.9 determine whether the present operations of the carrier are 28.10 consistent with the safety fitness standard set forth in 28.11 subdivision 2, and shall assign a safety rating accordingly. To 28.12 the greatest extent practicable, the commissioner shall use the 28.13 same means as the United States Department of Transportation in 28.14 evaluating the factors in subdivision 4 and assigning a safety 28.15 rating. 28.16 Subd. 4. [FACTORS CONSIDERED.] The commissioner shall 28.17 consider the following factors in determining the safety fitness 28.18 of a carrier and assigning a safety rating: 28.19 (1) the frequency and severity of regulatory violations; 28.20 (2) the frequency and severity of driver and vehicle 28.21 regulatory violations identified in roadside inspections; 28.22 (3) the number and frequency of out-of-service driver and 28.23 vehicle violations; 28.24 (4) an increase or decrease in similar types of regulatory 28.25 violations discovered during safety or compliance reviews; 28.26 (5) the frequency of accidents, hazardous materials 28.27 incidents, accident rate per million miles, preventable accident 28.28 rate per million miles, and other accident indicators, and 28.29 whether these accident and incident indicators have improved or 28.30 deteriorated over time; 28.31 (6) the number and severity of violations of state safety 28.32 rules, standards, and orders applicable to commercial motor 28.33 vehicles and carrier safety that are compatible with federal 28.34 regulations, standards, and orders; and 28.35 (7) the adequacy of safety management controls. The 28.36 adequacy of safety management controls may be questioned if 29.1 their degree of formalization or automation is found to be 29.2 substantially below the normal controls for similar carriers. 29.3 Violations, accidents, or incidents substantially above the 29.4 normal rate for similar carriers is considered strong evidence 29.5 that management controls are either inadequate or not 29.6 functioning properly. 29.7 Subd. 5. [NOTICE OF SAFETY RATING.] The commissioner shall 29.8 send written notice to a carrier of its safety rating by 29.9 certified mail, return receipt requested. Notice of a 29.10 "conditional" or "unsatisfactory" rating must include a list of 29.11 those items for which immediate corrective action must be taken. 29.12 Corrective action may include requiring a carrier official to 29.13 participate in the initial motor carrier contact program. A 29.14 notice of an "unsatisfactory" safety rating also must include a 29.15 notice that the carrier is subject to the restrictions in 29.16 subdivision 8. 29.17 Subd. 6. [REQUEST FOR CHANGE IN SAFETY RATING.] A carrier 29.18 may request a change in the safety rating assigned to it after 29.19 it has taken the corrective action described in the 29.20 commissioner's notice. A request must include a written 29.21 description of the corrective action taken and any other 29.22 documentation the carrier wishes the commissioner to consider as 29.23 a basis for improving the assigned rating. The commissioner 29.24 shall respond to a request for a change in a safety rating 29.25 within 30 days after a request meeting the requirements of this 29.26 subdivision is received. The commissioner shall mail a notice 29.27 to the carrier, by certified mail, return receipt requested, 29.28 indicating whether a request has been granted or denied. The 29.29 commissioner shall change the safety rating assigned to a 29.30 carrier if the commissioner determines, based on documentation 29.31 submitted by the carrier or any additional investigation the 29.32 commissioner considers necessary, that the carrier's operations 29.33 currently meet the safety fitness standard in subdivision 2. 29.34 Subd. 7. [HEARING.] (a) A carrier who wishes to contest 29.35 the safety rating assigned to it by the commissioner or who 29.36 wishes to contest a denial of a request for a change in a 30.1 carrier's safety rating shall request a hearing within 20 days 30.2 after a notice described in subdivision 5 or 6 was mailed by the 30.3 commissioner. Failure to request a hearing within 20 days after 30.4 a notice was mailed constitutes a waiver of the carrier's right 30.5 to appear and contest a safety rating or denial. A request for 30.6 hearing must be in writing, must include all issues the carrier 30.7 intends to raise at the hearing, and must be accompanied by any 30.8 information or documents the carrier relies on as the basis for 30.9 contesting an assigned rating or denial. 30.10 (b) Within 30 days of receiving a request for hearing that 30.11 meets the requirements of this subdivision, the commissioner 30.12 shall initiate a contested case proceeding under Minnesota 30.13 Statutes, chapter 14. If the administrative law judge makes a 30.14 finding that the request for hearing was frivolous, the 30.15 commissioner may assess the costs charged to the commissioner by 30.16 the office of administrative hearings for the hearing to the 30.17 carrier. Costs assessed by the commissioner must be collected 30.18 in the manner that administrative penalties are collected under 30.19 section 221.036. 30.20 Subd. 8. [UNSATISFACTORY SAFETY RATING; OPERATIONS 30.21 RESTRICTED.] (a) A carrier who receives an unsatisfactory safety 30.22 rating from the commissioner has 50 days from the date of the 30.23 notice described in subdivision 5 to take the action required to 30.24 improve the safety rating to "conditional" or "satisfactory." 30.25 After the last day of the 50-day period, a carrier with an 30.26 unsatisfactory safety rating is prohibited from operating a 30.27 commercial motor vehicle used to transport: 30.28 (1) more than 15 passengers, including the driver; or 30.29 (2) hazardous materials in a quantity requiring marking or 30.30 placarding under federal regulations issued under the Hazardous 30.31 Materials Transportation Act, United States Code, title 49 30.32 appendix, sections 1801 to 1813. 30.33 (b) A request for hearing does not stay the operation of 30.34 this subdivision. 30.35 Sec. 40. [221.0271] [SAFETY CERTIFICATION.] 30.36 The commissioner may issue a certificate of registration or 31.1 vehicle registration receipt to an unrated carrier or a carrier 31.2 with a conditional safety rating only if the carrier files a 31.3 safety certification statement with the commissioner. A safety 31.4 certification statement must be on a form provided by the 31.5 commissioner. It must be completed by a corporate officer, 31.6 general partner, limited liability company board member, or sole 31.7 proprietor and must certify, on behalf of the carrier, knowledge 31.8 of and compliance with the laws governing commercial drivers' 31.9 licenses and the safety and hazardous materials regulations in 31.10 sections 221.0261 to 221.0266. The signature of the person 31.11 completing a safety certification statement must be notarized. 31.12 Sec. 41. [221.0272] [SAFETY AUDITS.] 31.13 The commissioner may audit the records of a carrier subject 31.14 to this chapter and rules adopted under this chapter to 31.15 investigate potential violations of safety rules or regulations 31.16 by carriers, to investigate complaints or other evidence of 31.17 safety violations, to assign a safety rating or in response to a 31.18 request to change a safety rating. 31.19 Sec. 42. [221.0273] [OUT-OF-SERVICE CRITERIA.] 31.20 The North American Uniform Driver, Vehicle, and Hazardous 31.21 Materials Out-Of-Service Criteria developed and adopted by the 31.22 Federal Highway Administration and the Commercial Vehicle Safety 31.23 Alliance are adopted in Minnesota. 31.24 Sec. 43. Minnesota Statutes 1994, section 221.031, 31.25 subdivision 1, is amended to read: 31.26 Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 31.27 This subdivision applies to motor carriers engaged in intrastate 31.28 commerce. 31.29 (b) The commissionershallmay prescribe rules for the 31.30 operation of motor carriers, including their facilities; 31.31 accounts; leasing of vehicles and drivers; service; safe 31.32 operation of vehicles; equipment, parts, and accessories; hours 31.33 of service of drivers; driver qualifications; accident 31.34 reporting; identification of vehicles; installation of safety 31.35 devices; inspection, repair, and maintenance; and proper 31.36 automatic speed regulators if, in the opinion of the 32.1 commissioner, there is a need for the rules. 32.2 (c) The commissioner shall direct the repair and 32.3 reconstruction or replacement of an inadequate or unsafe motor 32.4 carrier vehicle or facility. The commissioner may require the 32.5 construction and maintenance or furnishing of suitable and 32.6 proper freight terminals, passenger depots, waiting rooms, and 32.7 accommodations or shelters in a city in this state or at a point 32.8 on the highway traversed which the commissioner, after 32.9 investigation by the department, may deem just and proper for 32.10 the protection of passengers or property. 32.11(d) The commissioner shall require the filing of annual and32.12other reports including annual accounts of motor carriers,32.13schedules of rates and charges, or other data by motor carriers,32.14regulate motor carriers in matters affecting the relationship32.15between them and the traveling and shipping public, and32.16prescribe other rules as may be necessary to carry out the32.17provisions of this chapter.32.18(e) A motor carrier having gross revenues from for-hire32.19transportation in a calendar year of less than $200,000 may, at32.20the discretion of the commissioner, be exempted from the filing32.21of an annual report, if instead the motor carrier files an32.22abbreviated annual report, in a form as may be prescribed by the32.23commissioner, attesting that the motor carrier's gross revenues32.24did not exceed $200,000 in the previous calendar year. Motor32.25carrier gross revenues from for-hire transportation, for the32.26purposes of this subdivision only, do not include gross revenues32.27received from the operation of school buses as defined in32.28section 169.01, subdivision 6.32.29(f)(d) The commissioner shall enforce sections 169.781 to 32.30 169.783. 32.31(g)(e) The commissioner shall make no rules relating to 32.32 the granting, limiting, or modifying of permits or certificates 32.33 of convenience and necessity, which are powers granted to the 32.34 board. 32.35(h)(f) The board may extend the termini of a route or 32.36 alter or change the route of a regular route common carrier of 33.1 passengers upon petition and after finding that public 33.2 convenience and necessity require an extension, alteration, or 33.3 change. 33.4 Sec. 44. Minnesota Statutes 1994, section 221.031, 33.5 subdivision 5, is amended to read: 33.6 Subd. 5. [DEPARTMENT INVESTIGATES.] The department shall 33.7 investigate the operation of carriers subject to therules33.8adopted in section 221.0314regulations incorporated by 33.9 reference in sections 221.0261 to 221.0266 and 221.033, their 33.10 compliance with rules of the department and board and with the 33.11 provisions of this chapter, and may institute and prosecute 33.12 actions and proceedings in the proper district court for 33.13 enforcement of those rules. 33.14 Sec. 45. Minnesota Statutes 1994, section 221.033, 33.15 subdivision 2, is amended to read: 33.16 Subd. 2. [EXEMPTION FOR FARMERS.](a) This subdivision33.17applies to persons engaged in intrastate commerce.33.18(b)Farmers or their employeestransportingengaged in the 33.19 intrastate transportation of diesel fuel, gasoline, agricultural 33.20 chemicals, or agricultural fertilizers for use on the 33.21 transporter's farm are not required to comply with the 33.22 rulesadopted in section 221.0314, subdivisions 2 to 5,33.23 fordriverqualificationsor withof drivers in Code of Federal 33.24 Regulations, title 49, part 391; the shipping paper requirements 33.25of thein Code of Federal Regulations, title 49, sections 33.26 172.200 and 177.817; or with the parking rules in Code of 33.27 Federal Regulations, title 49, section 397.7(B) or 397.9(A)of33.28the Federal Motor Carrier Safety Regulationswhen: 33.29 (1) transporting diesel fuel or gasoline in a motorized 33.30 tank truckvehiclesvehicle of less than 1,500-gallon capacity 33.31 owned by the transporter, or intanksa tank securely mounted in 33.32othera motorvehiclesvehicle with a gross vehicle weight of 33.33 less than 10,000 pounds and owned by the transporter; or 33.34 (2) transporting agricultural chemicals and agricultural 33.35 fertilizers. 33.36 Sec. 46. Minnesota Statutes 1994, section 221.033, 34.1 subdivision 2a, is amended to read: 34.2 Subd. 2a. [AGRICULTURALLY RELATEDEXEMPTIONEXEMPTIONS.] 34.3 (a)This subdivision applies to persons engaged in intrastate34.4commerce.34.5(b) Fertilizer andA fertilizer or agricultural chemical 34.6retailersretailer ortheir employees area driver employed by a 34.7 fertilizer or agricultural chemical retailer is exempt from the 34.8rule in section 221.0314, subdivision 4,regulation in Code of 34.9 Federal Regulations, title 49, section 391.11, paragraph (b)(1), 34.10 requiring that drivers must be at least 21 years of age when: 34.11 (1) the retailer or its employee istransportingengaged in 34.12 the intrastate transportation of fertilizer or agricultural 34.13 chemicals directly to a farm for on-farm use within a radius of 34.14 50 miles of the retailer's business location; and 34.15 (2) the driver employed by the retailer is at least 18 34.16 years of age. 34.17(c)(b) A fertilizer or agricultural chemical retailer, or 34.18 a driver employed by a fertilizer or agricultural chemical 34.19 retailer, is exempt from the rule in Code of Federal 34.20 Regulations, title 49, section 395.3, paragraph (b), relating to 34.21 hours of service of drivers, and section 395.8, requiring a 34.22 driver's record of duty status, while exclusively engaged in the 34.23 intrastate transportation of fertilizer or agricultural 34.24 chemicals between April 1 and July 1 of each year when: 34.25 (1) the transportation is from the retailer's place of 34.26 business directly to a farm within a 50-mile radius of the 34.27 retailer's place of business; 34.28 (2) the fertilizer or agricultural chemicals are for use on 34.29 the farm to which they are transported; and 34.30 (3) the employer maintains a daily record for each driver 34.31 showing the time a driver reports for duty, the total number of 34.32 hours a driver is on duty, and the time a driver is released 34.33 from duty. 34.34 Sec. 47. Minnesota Statutes 1994, section 221.035, 34.35 subdivision 2, is amended to read: 34.36 Subd. 2. [OPERATION REQUIREMENTS.] A vehicle operated 35.1 under a license issued under this section must be operated in 35.2 compliance withthe rules adopted in section 221.0314: (1)35.3subdivisions 2 to 5sections 221.0261 for driver qualifications;35.4(2) subdivision 6, 221.0262 for driving of motor vehicles; (3)35.5subdivision 7, 221.0263 for parts and accessories necessary for 35.6 safe operation; (4) subdivision 10 for inspection, repair, and35.7maintenance; and (5) subdivision 9, 221.0264 for hours of 35.8 service of drivers, and 221.0265 for inspection, repair, and 35.9 maintenance, and with the rules adopted under those sections. 35.10 Sec. 48. [221.0356] [SHIPPING DOCUMENTS.] 35.11 Subdivision 1. [HAZARDOUS MATERIAL SHIPPING PAPERS.] A 35.12 person who transports a hazardous material by motor vehicle 35.13 shall comply with the shipping paper requirements in Code of 35.14 Federal Regulations, title 49. A shipping paper, or a copy of 35.15 it, must be retained by the carrier for at least one year from 35.16 the date on the shipping document. 35.17 Subd. 2. [HAZARDOUS WASTE MANIFEST.] A person who 35.18 transports a hazardous waste by motor vehicle shall carry in the 35.19 vehicle a hazardous waste manifest which conforms to the 35.20 requirements of Minnesota Rules, chapter 7045. A hazardous 35.21 waste manifest, or a copy of it, must be retained by the carrier 35.22 for at least three years from the date on the shipping document. 35.23 Sec. 49. [221.0357] [AUTHORITY TO INSPECT AND REQUIRE 35.24 INFORMATION.] 35.25 Subdivision. 1. [AUTHORITY TO INSPECT.] Motor carrier and 35.26 hazardous material specialists of the department have the 35.27 authority to enter, at a reasonable time and place, any vehicle, 35.28 cargo tank, or other container used to transport hazardous 35.29 materials, hazardous substances, or hazardous waste and any 35.30 treatment, storage, or disposal facility, or other place where 35.31 the materials, substances, or waste are or have been generated, 35.32 stored, treated, disposed of, or transported from. They may 35.33 inspect the vehicle, cargo tank, or container and obtain from 35.34 any person samples of the materials, substances, or waste and 35.35 samples of the containers or labeling of the materials, 35.36 substances, or waste for enforcing sections 221.033 to 221.0355 36.1 or rules adopted under those sections. The authority granted 36.2 under this subdivision includes the right to break and replace 36.3 seals. 36.4 Subd. 2. [INFORMATION REQUIRED.] A person who generates, 36.5 stores, treats, transports, disposes of, or otherwise handles or 36.6 has handled hazardous materials, hazardous substances, or 36.7 hazardous waste shall give to motor carrier and hazardous 36.8 material specialists of the department information relating to 36.9 the materials, substances, or waste, or permit them access to 36.10 and copying of records relating to the materials, substances, or 36.11 waste, or both. 36.12 GENERAL PROVISIONS 36.13 Sec. 50. Minnesota Statutes 1994, section 221.036, 36.14 subdivision 1, is amended to read: 36.15 Subdivision 1. [ORDERS.] The commissioner may issue an 36.16 order requiring violations to be corrected and administratively 36.17 assessing monetary penalties for a violation of(1) section36.18221.021; (2) section 221.033, subdivision 2b; (3) section36.19221.041, subdivision 3; (4) section 221.081; (5) section36.20221.151; (6) section 221.171; (7) section 221.141; (8) section36.21221.035, a material term or condition of a license issued under36.22that section;this chapter or rules of the board or commissioner 36.23 relating to the transportation of hazardous waste, motor carrier 36.24 operations, insurance, or tariffs and accounting. An order must 36.25 be issued as provided in this section. 36.26 Sec. 51. Minnesota Statutes 1994, section 221.036, 36.27 subdivision 3, is amended to read: 36.28 Subd. 3. [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) Except 36.29 as provided in paragraph (b) or another section of this chapter, 36.30 the commissioner may issue an order assessing a penalty of up to 36.31 $5,000 for all violations ofsection 221.021; 221.041,36.32subdivision 3; 221.081; 221.141; 221.151; or 221.171,this 36.33 chapter or rules of the board or commissioner relating to motor 36.34 carrier operations, insurance, or tariffs and accounting, 36.35 identified during a single inspection, audit, or investigation. 36.36 (b) The commissioner may issue an order assessing a penalty 37.1 up to a maximum of $10,000 for all violations of section 37.2 221.033, subdivision 2b, or 221.035, and rules adopted under 37.3 those sections, identified during a single inspection or audit. 37.4 (c) In determining the amount of a penalty, the 37.5 commissioner shall consider: 37.6 (1) the willfulness of the violation; 37.7 (2) the gravity of the violation, including damage to 37.8 humans, animals, air, water, land, or other natural resources of 37.9 the state if applicable; 37.10 (3) the history of past violations, including the 37.11 similarity of the most recent violation and the violation to be 37.12 penalized, the time elapsed since the last violation, the number 37.13 of previous violations, and the response of the person to the 37.14 most recent violation identified; 37.15 (4) the economic benefit gained by the person by allowing 37.16 or committing the violation; and 37.17 (5) other factors as justice may require, if the 37.18 commissioner specifically identifies the additional factors in 37.19 the commissioner's order. 37.20 Sec. 52. [221.038] [ANNUAL REPORTS.] 37.21 Subdivision 1. [APPLICABILITY.] This section applies to 37.22 regular route common carriers of passengers, charter carriers, 37.23 and household goods movers. 37.24 Subd. 2. [FILING REQUIRED.] (a) A person who is required 37.25 to comply with this section shall file an annual report in the 37.26 manner prescribed by the rules of the commissioner. 37.27 (b) A carrier having gross revenues from for-hire 37.28 transportation in a calendar year of less than $200,000 may, at 37.29 the discretion of the commissioner, be exempted from the filing 37.30 of an annual report if, instead, the carrier files an 37.31 abbreviated annual report in a form as may be prescribed by the 37.32 commissioner, attesting that the carrier's gross revenues did 37.33 not exceed $200,000 in the previous calendar year. For the 37.34 purposes of this subdivision only, gross revenues from for-hire 37.35 transportation do not include gross revenues received from the 37.36 operation of school buses as defined in section 169.01, 38.1 subdivision 6. 38.2 (c) A carrier shall file a completed annual report or 38.3 abbreviated annual report before the first day of July in each 38.4 year. The commissioner may grant a carrier's written request to 38.5 file on an alternate date based on the carrier's fiscal year. 38.6 In addition, the commissioner may grant a carrier's written 38.7 request for an extension of the time for filing, not to exceed 38.8 90 days. 38.9 Sec. 53. Minnesota Statutes 1994, section 221.041, is 38.10 amended to read: 38.11 221.041 [RATE-MAKING POWERS.] 38.12 Subdivision 1. [CONSIDERATIONS; PROCEDURES.] The board 38.13 shall fix and establish just, reasonable, and nondiscriminatory 38.14 rates, fares, charges, and the rules and classifications 38.15 incident to tariffs forcertificatedregular route common 38.16 carriers of passengers. In prescribing rates, fares, charges, 38.17 classifications, and rules for the carrying offreight,persons, 38.18or property,the board shall take into consideration the effect 38.19 of the proposed rates or fares upon the users of the service and 38.20 upon competitive carriers by motor vehicle and rail and, insofar 38.21 as possible, avoid rates and fares which will result in 38.22 unreasonable and destructive competition. In making its 38.23 determination, the board shall consider, among other things, the 38.24 cost of the service rendered by the carrier, including an 38.25 adequate sum for maintenance and depreciation, and an adequate 38.26 operating ratio under honest, economical, and efficient 38.27 management. No rate or fares may be put into effect or changed 38.28 or altered except upon hearing duly had and an order therefor by 38.29 the board, or except as herein otherwise provided. The board 38.30 may authorize rate changes ex parte which, in its opinion, are 38.31 not of sufficient import to require a hearing. In an emergency, 38.32 the board may order a change in existing rates or fares without 38.33 a hearing. In instances of ex parte or emergency orders, the 38.34 board shall, within five days, serve a copy of its order 38.35 granting the change in rates upon parties which the board deems 38.36 interested in the matter, including competing carriers. An 39.1 interested party shall have 30 days from the date of the 39.2 issuance of the order to object to the order. If objection is 39.3 made, the board shall determine whether a hearing is necessary 39.4 for resolution of the material issues relating to the proposed 39.5 change in rates. On finding that a hearing is unnecessary for 39.6 this purpose, the board, no sooner than 30 days after issuing 39.7 its initial order granting the change in rates, may enter an 39.8 order finally disposing of the rate change application. On 39.9 determining otherwise, the board may take final action on the 39.10 rate change application and the objections to it only after a 39.11 contested case hearing has been conducted under chapter 14. 39.12 Subd. 2. [FILING.] Acertificatedregular route common 39.13 carrier of passengers, upon approval by the board of its rates, 39.14 fares, charges, and rules and classifications incident to 39.15 tariffs shall file its rates, fares, charges, and tariffs with 39.16 the commissioner. Filings must be prepared and filed in the 39.17 manner prescribed by the commissioner. The commissioner may not 39.18 accept for filing rates, fares, charges, and tariffs which have 39.19 not been approved by the board. 39.20 Subd. 3. [PROHIBITIONS; COMPENSATION AND TIME SCHEDULES.] 39.21 Nocertificatedregular route common carrier of passengers may 39.22 charge or receive a greater or less or different compensation 39.23 for the transportation of passengers or property or for service 39.24 in connection therewith than the rates, fares, and charges and 39.25 the rules and classifications governing the same which have been 39.26 duly approved therefor by order of the board. Acertificated39.27 regular route common carrier of passengers may not refund or 39.28 remit in any manner or by any device a portion of those rates, 39.29 fares, and charges required to be collected under the board's 39.30 order; nor extend toa shipper orany person a privilege or 39.31 facilities in connection with the transportation of 39.32 passengersor propertyexcept as are authorized under the order 39.33 of the board. Nopassenger-carryingregular route common 39.34 carrier of passengers may alter or change its time schedules 39.35 except upon order of the board. The order may be issued ex 39.36 parte unless the board decides that the public interest requires 40.1 that a hearing be held. 40.2 Subd. 4. [NONAPPLICABILITY.] This section does not apply 40.3 to any regular route passenger transportation being performed 40.4 with operating assistance provided by the metropolitan council. 40.5 Sec. 54. Minnesota Statutes 1994, section 221.051, 40.6 subdivision 1, is amended to read: 40.7 Subdivision 1. [ABANDONMENT OR DISCONTINUANCE OF SERVICE.] 40.8 No regular route common carrier of passengersor class I carrier40.9 may abandon or discontinue any service required under its 40.10 certificate without an order of the board therefor, except in 40.11 cases of emergency or conditions beyond its control. 40.12 Sec. 55. Minnesota Statutes 1994, section 221.061, is 40.13 amended to read: 40.14 221.061 [PETITION FOR CERTIFICATE; FEE; HEARING.] 40.15 A person desiring a certificate authorizing operation as a 40.16 regular route common carrier of passengers, a class I carrier,40.17or petroleum carrier,or who wants an extension of or amendment 40.18 to that certificate, shall file a petition with the commissioner 40.19 which must contain information as the board and commissioner, by 40.20 rule may prescribe. 40.21 Upon the filing of a petition for a certificate, the 40.22 petitioner shall pay to the commissioner as a fee for issuing 40.23 the certificate the sum of $300 and for a transfer or lease of 40.24 the certificate the sum of $300. 40.25 The petition must be processed as any other petition. The 40.26 board shall cause a copy and a notice of hearing thereon to be 40.27 served upon a competing carrier operating into a city located on 40.28 the proposed route of the petitioner and to other persons or 40.29 bodies politic which the board deems interested in the 40.30 petition. A competing carrier and other persons or bodies 40.31 politic are hereby declared to be interested parties to the 40.32 proceedings. 40.33 If, during the hearing, an amendment to the petition is 40.34 proposed which appears to be in the public interest, the board 40.35 may allow it when the issues and the territory are not unduly 40.36 broadened by the amendment. 41.1 Sec. 56. Minnesota Statutes 1994, section 221.071, is 41.2 amended to read: 41.3 221.071 [ISSUANCE OF CERTIFICATE; VEHICLE REGISTRATION.] 41.4 Subdivision 1. [CONSIDERATIONS; TEMPORARY CERTIFICATES; 41.5 AMENDING.] If the board finds from the evidence that the 41.6 petitioner is fit and able to properly perform the services 41.7 proposed and that public convenience and necessity require the 41.8 granting of the petition or a part of the petition, it shall 41.9 issue a certificate of public convenience and necessity to the 41.10 petitioner. In determining whether a certificate should be 41.11 issued, the board shall give primary consideration to the 41.12 interests of the public that might be affected, to the 41.13 transportation service being furnished by a railroad which may 41.14 be affected by the granting of the certificate, and to the 41.15 effect which the granting of the certificate will have upon 41.16 other transportation service essential to the communities which 41.17 might be affected by the granting of the certificate. The board 41.18 may issue a certificate as applied for or issue it for a part 41.19 only of the authority sought and may attach to the authority 41.20 granted terms and conditions as in its judgment public 41.21 convenience and necessity may require. If the petitioner is 41.22 seeking authority to operate regular route transit service 41.23 wholly within the seven-county metropolitan area with operating 41.24 assistance provided by the metropolitan council, the board shall 41.25 consider only whether the petitioner is fit and able to perform 41.26 the proposed service. The operating authority granted to such a 41.27 petitioner must be the operating authority for which the 41.28 petitioner is receiving operating assistance from the 41.29 metropolitan council. A carrier receiving operating assistance 41.30 from the metropolitan council may amend the certificate to 41.31 provide for additional routes by filing a copy of the amendment 41.32 with the board, and approval of the amendment by the board is 41.33 not required if the additional service is provided with 41.34 operating assistance from the metropolitan council. 41.35 The board may grant a temporary certificate, ex parte, 41.36 valid for a period not exceeding 180 days, upon a showing that 42.1 no regular route common carrieror petroleum carrieris then 42.2 authorized to serve on the route sought, that no other petition 42.3 is on file with the board covering the route, and that a need 42.4 for the proposed service exists. 42.5 A certificate may be amended by the board on ex parte 42.6 petition and payment of a $25 fee to the commissioner, to grant 42.7 an additional or alternate route if there is no other means of 42.8 transportation over the proposed additional route or between its 42.9 termini, and the proposed additional route does not exceed ten 42.10 miles in length. 42.11 Subd. 2. [VEHICLE REGISTRATION.]Certificate carriersA 42.12 regular route common carrier of passengers shall annually 42.13 register each vehicle as provided in section 221.131, 42.14 subdivision 3. 42.15 Sec. 57. Minnesota Statutes 1994, section 221.081, is 42.16 amended to read: 42.17 221.081 [SALE OR LEASE OF CERTIFICATE.] 42.18 Certificates authorizing operations as a regular route 42.19 common carrieror as a petroleum carrierof passengers may be 42.20 sold or leased but only upon order of the board approving the 42.21 same. The proposed seller and buyer or lessor and lessee of a 42.22 certificate shall file a joint petition with the commissioner, 42.23 setting forth the names and addresses of the parties, the 42.24 identifying number of the certificate and the description of the 42.25 authority which the parties seek to sell or lease, a short 42.26 statement of the reasons for the proposed sale or lease, a short 42.27 statement of the buyer or lessee's present operating authority, 42.28 if any, a statement of all outstanding claims of creditors which 42.29 are directly attributable to the operations conducted under said 42.30 certificate, a copy of the contract of sale or lease and a 42.31 financial statement with balance sheet and income statement, if 42.32 existent, of the buyer. If it appears to the board from the 42.33 contents of the petition and from the department's records, 42.34 files and investigation of the petition that the approval of the 42.35 sale or lease of the certificate will not adversely affect the 42.36 rights of the users of the service and will not have an adverse 43.1 effect on any othermotor carrierregular route common carrier 43.2 of passengers, the board may make an ex parte order granting the 43.3 same. When the proposed sale or lease is between persons who 43.4 are direct competitors to a material degree, the petition shall 43.5 be set down for hearing with notice to the communities which may 43.6 be affected by the proposed merger and to any other persons the 43.7 board or department deems to be interested parties. 43.8 Sec. 58. Minnesota Statutes 1994, section 221.091, is 43.9 amended to read: 43.10 221.091 [LIMITATIONS; RELATIONSHIP TO LOCAL REGULATION.] 43.11 No provision in sections 221.011 to 221.291 and 221.84 to 43.12 221.85 shall authorize the use by any carrier of any public 43.13 highway in any city of the first class in violation of any 43.14 charter provision or ordinance of such city in effect January 1, 43.15 1925, unless and except as such charter provisions or ordinance 43.16 may be repealed after that date; nor shall sections 221.011 to 43.17 221.291 and 221.84 to 221.85 be construed as in any manner 43.18 taking from or curtailing the right of any city to reasonably 43.19 regulate or control the routing, parking, speed or the safety of 43.20 operation of a motor vehicle operated by any carrier under the 43.21 terms of those sections, or the general police power of any such 43.22 city over its highways; nor shall sections 221.011 to 221.291 43.23 and 221.84 to 221.85 be construed as abrogating any provision of 43.24 the charter of any such city requiring certain conditions to be 43.25 complied with before such carrier can use the highways of such 43.26 city and such rights and powers herein stated are hereby 43.27 expressly reserved and granted to such city; but no such city 43.28 shall prohibit or deny the use of the public highways within its 43.29 territorial boundaries by any such carrier for transportation of 43.30 passengers or property received within its boundaries to 43.31 destinations beyond such boundaries, or for transportation of 43.32 passengers or property from points beyond such boundaries to 43.33 destinations within the same, or for transportation of 43.34 passengers or property from points beyond such boundaries 43.35 through such municipality to points beyond the boundaries of 43.36 such municipality, where such operation is pursuant to a 44.1 certificateof convenience and necessity issued by the44.2commissionorto apermit issued by the board or a certificate 44.3 of registration or permit issued by the commissioner under 44.4 section 221.0251, 221.84, or 221.85. 44.5 Sec. 59. Minnesota Statutes 1994, section 221.121, 44.6 subdivision 1, is amended to read: 44.7 Subdivision 1. [PETITION; NOTICE AND HEARING; SCOPE.] (a) 44.8 A person desiring to operate as apermit carrier, except as44.9provided in subdivision 5 or section 221.296,charter carrier or 44.10 household goods mover shall file a petition with the 44.11 commissioner specifying the kind of permit desired, the name and 44.12 address of the petitioner and the names and addresses of the 44.13 officers, if a corporation, and other information as the board 44.14 and commissioner may require. Letters of shipper support must 44.15 be filed with the petition. No person shall knowingly make a 44.16 false or misleading statement in a petition. 44.17 (b) The board, after notice to interested parties and a 44.18 hearing, shall issue the permit upon compliance with the laws 44.19 and rules relating to it, if it finds that petitioner is fit and 44.20 able to conduct the proposed operations, that petitioner's 44.21 vehicles meet the safety standards established by the 44.22 department, that the area to be served has a need for the 44.23 transportation services requested in the petition, and that 44.24 existing permitand certificatedcarriers in the area to be 44.25 served have failed to demonstrate that they offer sufficient 44.26 transportation services to meet fully and adequately those 44.27 needs, provided that no person who holds a permit at the time 44.28 sections 221.011 to 221.291 take effect may be denied a renewal 44.29 of the permit upon compliance with other provisions of sections 44.30 221.011 to 221.291. 44.31 (c) A permit once granted continues in full force and 44.32 effect until abandoned or unless suspended or revoked, subject 44.33 to compliance by the permit holder with the applicable 44.34 provisions of law and the rules of the commissioner or board 44.35 governing permit carriers. 44.36(d) No permit may be issued to a common carrier by rail45.1permitting the common carrier to operate trucks for hire within45.2this state, nor may a common carrier by rail be permitted to45.3own, lease, operate, control, or have an interest in a permit45.4carrier by truck, either by stock ownership or otherwise,45.5directly, indirectly, through a holding company, or by45.6stockholders or directors in common, or in any other manner.45.7Nothing in sections 221.011 to 221.291 prevents the board from45.8issuing a permit to a common carrier by rail authorizing the45.9carrier to operate trucks wholly within the limits of a45.10municipality or within adjacent or contiguous municipalities or45.11a common rate point served by the railroad and only as a service45.12supplementary to the rail service now established by the45.13carriers.45.14 Sec. 60. Minnesota Statutes 1994, section 221.121, 45.15 subdivision 4, is amended to read: 45.16 Subd. 4. [EXTENSIONS OF AUTHORITY.] The board may grant 45.17 extensions of authority ex parte after due notice of a petition 45.18 has been published. A party desiring to protest the petition 45.19 shall file its protest by mail or in person within 20 days of 45.20 the date of notice, except that no protest may be filed against45.21an application submitted under subdivision 6f. If a timely 45.22 filed protest is received, the matter must be placed on the 45.23 calendar for hearing. If a timely protest is not received, the 45.24 board may issue its order ex parte. 45.25 Sec. 61. Minnesota Statutes 1994, section 221.121, 45.26 subdivision 6a, is amended to read: 45.27 Subd. 6a. [HOUSEHOLD GOODSCARRIERMOVERS.]A person who45.28desires to hold out or to operate as a carrier of household45.29goods shall follow the procedure established in subdivision 1,45.30and shall specifically request a household goods mover permit.45.31The permit granted by the board to a person who meets the45.32criteria established in this subdivision and subdivision 1 shall45.33authorize the person to hold out and to operate as a household45.34goods mover.A person who provides or offers to provide 45.35 household goods packing services and who makes any arrangement 45.36 directly or indirectly by lease, rental, referral, or by other 46.1 means to provide or to obtain drivers, vehicles, or 46.2 transportation service for moving household goods, must have a 46.3 household goods mover permit. 46.4 Sec. 62. Minnesota Statutes 1994, section 221.122, 46.5 subdivision 1, is amended to read: 46.6 Subdivision 1. [REGISTRATION, INSURANCE, AND FILING 46.7 REQUIREMENTS.] An order issued by the board which grants a 46.8 certificate or permit must contain a service date. The person 46.9 to whom the order granting the certificate or permit is issued 46.10 shall do the following within 45 days from the service date of 46.11 the order: 46.12 (1) register vehicles which will be used to provide 46.13 transportation under the permit or certificate with the 46.14 commissioner and pay the vehicle registration fees required by 46.15 law; 46.16 (2) file and maintain insurance or bond as required by 46.17sectionssection 221.141and 221.296and the rules of the 46.18 commissioner and board; and 46.19 (3) file rates and tariffs as required by sections 221.041 46.20 and 221.161 and the rules of the commissioner and board. 46.21 Sec. 63. Minnesota Statutes 1994, section 221.131, 46.22 subdivision 2, is amended to read: 46.23 Subd. 2. [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.] 46.24 (a) The permit holder shall pay an annual registration fee of 46.25 $40 on each vehicle, including pickup and delivery vehicles, 46.26 operated by the holder under authority of the permit during the 46.27 12-month period or fraction of the 12-month period. Trailers 46.28 and semitrailers used by a permit holder in combination with 46.29 power units may not be counted as vehicles in the computation of 46.30 fees under this section if the permit holder pays the fees for 46.31 power units. 46.32 (b) The commissioner shall furnish a distinguishing annual 46.33 identification card for each vehicle or power unit for which a 46.34 fee has been paid. The identification card must at all times be 46.35 carried in the vehicle or power unit to which it has been 46.36 assigned. An identification card may be reassigned to another 47.1 vehicle or power unit upon application of the permit holder and 47.2 payment of a transfer fee of $10. An identification card issued 47.3 under this section is valid only for the period for which the 47.4 permit is effective. 47.5 (c)The permit holder must be identified on the power unit47.6of each registered vehicle operated under the permit. Vehicles47.7must show the name or the "doing business as" name of the permit47.8holder operating the vehicle and the community and abbreviation47.9of the state in which the permit holder maintains its principal47.10office or in which the vehicle is customarily based. If the47.11permit holder operates a leased vehicle, it may show its name47.12and the name of the lessor on the vehicle, if the lease47.13relationship is clearly shown. If the name of a person other47.14than the operating permit holder appears on the vehicle, the47.15words "operated by" must immediately precede the name of the47.16permit holder. The name and address must be in letters that47.17contrast sharply in color with the background, be readily47.18legible during daylight hours from a distance of 50 feet while47.19the vehicle is stationary, and be maintained in a manner that47.20retains the legibility of the markings. The name and address47.21may be shown by use of a removable device if that device meets47.22the identification and legibility requirements of this47.23subdivision.47.24(d)A fee of $10 is charged for the replacement of an 47.25 unexpired identification card that has been lost. 47.26(e) The total annual registration fee per vehicle for class47.27II-T, class II-L, household goods mover, and47.28temperature-controlled commodities permit holders, or any47.29combination thereof, shall not exceed $40 per vehicle.47.30 Sec. 64. Minnesota Statutes 1994, section 221.131, 47.31 subdivision 3, is amended to read: 47.32 Subd. 3. [CERTIFICATE CARRIERS; ANNUAL VEHICLE 47.33 REGISTRATION.]Certificated carriersA regular route common 47.34 carrier of passengers shall pay an annual registration fee of 47.35 $40 for each vehicle, including pickup and delivery vehicles, 47.36 operated during a calendar year. The commissioner shall issue 48.1 distinguishing identification cards as provided in subdivision 2. 48.2 Sec. 65. [221.134] [VEHICLE IDENTIFICATION.] 48.3 Subdivision 1. [APPLICABILITY; EXCEPTION.] (a) This 48.4 section applies to vehicles operated by: 48.5 (1) for-hire motor carriers of property; 48.6 (2) private motor carriers of property; 48.7 (3) household goods movers; 48.8 (4) for-hire motor carriers of passengers; 48.9 (5) private motor carriers of passengers (business); and 48.10 (6) private motor carriers of passengers (nonbusiness). 48.11 (b) This section does not apply to a vehicle with four or 48.12 fewer axles if the vehicle is operated by a private motor 48.13 carrier of property who is a farmer. 48.14 Subd. 2. [IDENTIFICATION.] The power unit of a vehicle 48.15 subject to this section must display the following information: 48.16 (1) the name or assumed name of the carrier operating the 48.17 vehicle; 48.18 (2) the city or community and abbreviation of the state in 48.19 which the carrier maintains its principal place of business or 48.20 in which the vehicle is customarily based; 48.21 (3) the motor carrier identification number, if issued by 48.22 the Federal Highway Administration, preceded by the letters 48.23 "USDOT" or the Minnesota carrier identification number preceded 48.24 by the letters "MNDOT"; and 48.25 (4) if the name of a person other than the operating 48.26 carrier appears on the motor vehicle, either alone or in 48.27 combination, the name of the operating carrier must be followed 48.28 by the information required in this subdivision and be preceded 48.29 by the words "operated by." 48.30 Subd. 3. [LEGIBILITY.] The marking must appear on both 48.31 sides of the power unit in letters that contrast sharply in 48.32 color with the background on which the letters are placed, be 48.33 readily legible during daylight hours from a distance of 50 feet 48.34 while the vehicle is stationary, and be maintained in a manner 48.35 that retains the legibility required in this section. The 48.36 marking may be painted on the motor vehicle or may consist of a 49.1 removable device, if that device meets the identification and 49.2 legibility requirements of this section. 49.3 Sec. 66. Minnesota Statutes 1994, section 221.141, 49.4 subdivision 1, is amended to read: 49.5 Subdivision 1. [FINANCIAL RESPONSIBILITY OF CARRIERS.] No 49.6 motor carrier, described in subdivision 5, and no interstate 49.7 carrier shall operate a vehicle until it has obtained and has in 49.8 effect the minimum amount of financial responsibility required 49.9 by this section. Policies of insurance, surety bonds, other 49.10 types of security, and endorsements must be continuously in 49.11 effect and must remain in effect until canceled. Before 49.12 providing transportation, the motor carrier or interstate 49.13 carrier shall secure and cause to be filed with the commissioner 49.14 and maintain in full effect, a certificate of insurance in a 49.15 form required by the commissioner, evidencing public liability 49.16 insurance in the amount prescribed. The insurance must cover 49.17 injuries and damage to persons or property resulting from the 49.18 operation or use of motor vehicles, regardless of whether each 49.19 vehicle is specifically described in the policy. This insurance 49.20 does not apply to injuries or death to the employees of the 49.21 motor carrier or to property being transported by the 49.22 carrier.The commissioner shall require cargo insurance for49.23certificated carriers, except those carrying passengers49.24exclusively. The commissioner may require a permit carrier to49.25file cargo insurance when the commissioner deems necessary to49.26protect the users of the service.49.27 Sec. 67. Minnesota Statutes 1994, section 221.141, 49.28 subdivision 5, is amended to read: 49.29 Subd. 5. [PASSENGER TRANSPORTATIONAPPLICABILITY.] (a) 49.30 This section applies to: 49.31 (1) regular route common carriers of passengers; 49.32 (2) charter carriers; 49.33 (3) household goods movers; 49.34 (4) for-hire motor carriers of property; and 49.35 (5) private motor carriers of property. 49.36 (b) For purposes of this section, "motor carrier" includes 50.1 any person who transports passengers for hire in intrastate 50.2 commerce. This section does not apply to an entity or 50.3 personincludeddescribed in section221.031, subdivision 3b,50.4paragraph (b)221.0264, subdivision 1, paragraph (b). 50.5 Sec. 68. Minnesota Statutes 1994, section 221.151, 50.6 subdivision 1, is amended to read: 50.7 Subdivision 1. [PETITION.] Permits, except livestock50.8permits,issued under section 221.121 may be assigned or 50.9 transferred but only upon the order of the board approving the 50.10 transfer or assignment after notice and hearing. 50.11 The proposed seller and buyer or lessor and lessee of a 50.12 permit, except for livestock carrier permits,shall file a joint 50.13 notarized petition with the commissioner setting forth the name 50.14 and address of the parties, the identifying number of the 50.15 permit, and the description of the authority which the parties 50.16 seek to sell or lease, a short statement of the reasons for the 50.17 proposed sale or lease, a statement of outstanding claims of 50.18 creditors which are directly attributable to the operation to be 50.19 conducted under the permit, a copy of the contract of sale or 50.20 lease, and a financial statement with a balance sheet and an 50.21 income statement, if existent, of the buyer or lessee. If it 50.22 appears to the board, after notice to interested parties and a 50.23 hearing, from the contents of the petition, from the evidence 50.24 produced at the hearing, and from the department's records, 50.25 files, and investigation that the approval of the sale or lease 50.26 of the permit will not adversely affect the rights of the users 50.27 of the service and will not have an adverse effect upon other 50.28 competing carriers, the board may make an order granting the 50.29 sale or lease. Provided, however, that the board shall make no 50.30 order granting the sale or lease of a permit to a person or 50.31 corporation or association which holds a certificate or permit 50.32other than local cartage carrier permitfrom the board under 50.33 this chapter or to a common carrier by rail. 50.34 Provided further that the board shall make no order 50.35 approving the sale or lease of a permit if the board finds that 50.36 the price paid for the sale or lease of a permit is 51.1 disproportionate to the reasonable value of the permit 51.2 considering the assets and goodwill involved. The board shall 51.3 approve the sale or lease of a permit only after a finding that 51.4 the transferee is fit and able to conduct the operations 51.5 authorized under the permit and that the vehicles the transferee 51.6 proposes to use in conducting the operations meet the safety 51.7 standards of the commissioner. In determining the extent of the 51.8 operating authority to be conducted by the transferee under the 51.9 sale or lease of the permit, the past operations of the 51.10 transferor within the two-year period immediately preceding the 51.11 transfer must be considered. Only such operating authority may 51.12 be granted to the transferee as was actually exercised by the 51.13 transferor under the transferor's authority within the two-year 51.14 period immediately preceding the transfer as evidenced by bills 51.15 of lading, company records, operation records, or other relevant 51.16 evidence. For purposes of determining the two-year period, the 51.17 date of divesting of interest or control is the date of the 51.18 sale. The board shall look to the substance of the transaction 51.19 rather than the form. An agreement for the transfer or sale of 51.20 a permit must be reported and filed with the board within 30 51.21 days of the agreement. 51.22 If an authority to operate as a permit carrier is held by a 51.23 corporation, a sale, assignment, pledge, or other transfer of 51.24 the stock interest in the corporation which will accomplish a 51.25 substantial or material change or transfer of the majority 51.26 ownership of the corporation, as exercised through its 51.27 stockholders, must be reported in the manner prescribed in the 51.28 rules of the board within 30 days after the sale, assignment, 51.29 pledge, or other transfer of stock. The board shall then make a 51.30 finding whether or not the stock transfer does, in fact, 51.31 constitute a sale, lease, or other transfer of the permit of the 51.32 corporation to a new party or parties and, if they so find, then 51.33 the continuance of the permit issued to the corporation may only 51.34 be upon the corporation's complying with the standards and 51.35 procedures otherwise imposed by this section. 51.36 Sec. 69. Minnesota Statutes 1994, section 221.151, 52.1 subdivision 2, is amended to read: 52.2 Subd. 2. [EX PARTE TRANSFER.] The board shall allow a bona 52.3 fide transfer of a permit, except a livestock carrier permit,ex 52.4 parte without hearing if the transferee of the permit is in fact 52.5 a member or members of the transferor's immediate family. For 52.6 the purpose of this subdivision immediate family consists only 52.7 of the lawful spouse, adult child or children, brother, or 52.8 sister of the transferor. Provided further that the immediate 52.9 family as defined in this subdivision does not include a person 52.10 under legal disability or a member of the family regardless of 52.11 relationship who holds any other permit or certificate under 52.12 this chapter either as an individual or in partnership or as 52.13 owner of an interest in a corporation holding a permit or a 52.14 certificate under this chapter. 52.15 Provided further that the transfer under this subdivision 52.16 must include: 52.17 (1) transfer to a corporation the stock of which is wholly 52.18 owned by the transferor or immediate family members; 52.19 (2) transfer to a partnership or partner consisting solely 52.20 of the immediate family as defined in this subdivision. 52.21 Provided further that the transfer of a permit under this 52.22 subdivision must comply with the standards set forth in this 52.23 section based upon the contents of the petition of petitioners, 52.24 pertinent information available to the board and the department, 52.25 and their records and files. No determination of the extent of 52.26 the operating authority previously exercised is required. 52.27 If it appears to the board that the petition and exhibits 52.28 do not reasonably comply with the standards set forth in this 52.29 section, then after notice to interested parties and the 52.30 petitioners, the board shall assign the matter for hearing to 52.31 determine compliance with this section. A user of the service, 52.32 competing carrier, or interested party shall have the right to 52.33 file a protest on the transfer as provided in this subdivision 52.34 by filing a sworn statement with the board within six months 52.35 from the effective date of the transfer, whereupon the board 52.36 shall assign the matter for hearing and the continuance of the 53.1 permit may only be upon the transferee's compliance with the 53.2 standards and procedures otherwise imposed by this section. 53.3 Sec. 70. Minnesota Statutes 1994, section 221.161, 53.4 subdivision 1, is amended to read: 53.5 Subdivision 1. [FILING; HEARING UPON BOARD INITIATIVE;53.6ARMORED CARRIER EXEMPTION.](a) Except as provided in paragraph53.7(b),A permit carrier, including a livestock carrier but not53.8including a local cartage carrier,shall file and maintain with 53.9 the commissioner a tariff showing rates and charges for 53.10 transporting persons or property. Tariffs must be prepared and 53.11 filed in accordance with the rules of the commissioner. When 53.12 tariffs are filed in accordance with the rules and accepted by 53.13 the commissioner, the filing constitutes notice to the public 53.14 and interested parties of the contents of the tariffs. The 53.15 commissioner shall not accept for filing tariffs that are 53.16 unjust, unreasonable, unjustly discriminatory, unduly 53.17 preferential or prejudicial, or otherwise in violation of this 53.18 section or rules adopted under this section. If the tariffs 53.19 appear to be unjust, unreasonable, unjustly discriminatory, 53.20 unduly preferential or prejudicial, or otherwise in violation of 53.21 this section or rules adopted under this section, after 53.22 notification and investigation by the department, the board may 53.23 suspend and postpone the effective date of the tariffs and 53.24 assign the tariffs for hearing upon notice to the permit carrier 53.25 filing the proposed tariffs and to other interested parties, 53.26 including users of the service and competitive carriers by motor 53.27 vehicle and rail. At the hearing, the burden of proof is on the 53.28 permit carrier filing the proposed tariff to sustain the 53.29 validity of the proposed schedule of rates and charges.Tariffs53.30for transporting livestock are not subject to rejection,53.31suspension, or postponement by the board, except as provided in53.32subdivisions 2 and 3.The tariffs and subsequent supplements to 53.33 them or reissues of them must state the effective date, which 53.34 may not be less than ten days following the date of filing, 53.35 unless the period of time is reduced by special permission of 53.36 the commissioner. 54.1(b) A holder of an armored carrier permit is not required54.2to file a tariff under this subdivision for the service54.3authorized by the armored carrier permit.54.4 Sec. 71. Minnesota Statutes 1994, section 221.161, 54.5 subdivision 4, is amended to read: 54.6 Subd. 4. [HEARING ON MERITS OF RATES AND CHARGES.] The 54.7 board, (1) after a suspension and hearing upon a schedule of 54.8 rates and charges, or upon complaint, or upon its own 54.9 initiative, either in extension of an existing complaint or 54.10 without a complaint whatever, (2) after department investigation 54.11 and petition, (3) upon notice to the permit carrier or tariff 54.12 agent proposing, maintaining, or charging a schedule of rates 54.13 and charges on a single group of related commodities, and (4) 54.14 upon notice to the users of the service and competitive carriers 54.15 by motor vehicle and rail, may assign for hearing the schedule 54.16 of rates and charges proposed, maintained, or charged by any or 54.17 all permit carriers. Upon a finding, after a hearing, that the 54.18 schedule of rates and charges are unjust or unreasonable or 54.19 unjustly discriminatory or unduly preferential or prejudicial or 54.20 otherwise in violation of this section, the board may prescribe 54.21 minimum rates and charges and the rates, rules, and practices 54.22 thereafter to be maintained and applied by the permit carrier or 54.23 tariff agent. In the hearing the burden of proof is upon the 54.24 permit carrier or tariff agent whose schedules of rates and 54.25 charges are under investigation to show that the schedules are 54.26 not below a minimum reasonable level or are not noncompensatory. 54.27Schedules of rates and charges for the transportation of54.28livestock are not subject to rejection, suspension,54.29postponement, or investigation by the board except as provided54.30in subdivisions 2 and 3.54.31 Sec. 72. Minnesota Statutes 1994, section 221.171, 54.32 subdivision 2, is amended to read: 54.33 Subd. 2. [EXCEPTIONEXCEPTIONS.] (a) A person engaged in 54.34 the transportation of household goods for the federal government 54.35 or an agency of the federal government or the transportation of 54.36 household goods for the state government or an agency of the 55.1 state government where competitive bids are required by law is 55.2 exempt from subdivision 1. 55.3 (b) A person engaged in the transportation of household 55.4 goods under a binding estimate that conforms to section 221.173 55.5 is exempt from subdivision 1. 55.6 Sec. 73. Minnesota Statutes 1994, section 221.172, 55.7 subdivision 3, is amended to read: 55.8 Subd. 3. [CLASS I, CLASS II, AND TEMPERATURE-CONTROLLED55.9COMMODITIES CARRIERS;HOUSEHOLD GOODS MOVERS.] Aclass I55.10carrier, class II carrier,household goods mover, and a holder55.11of a temperature-controlled commodities permitshall keep a 55.12 record of each shipment transported undera certificate orits 55.13 permit. A record may consist of one or more documents, 55.14 including a bill of lading, freight bill, manifest, delivery 55.15 receipt, or other document. If it consists of more than one 55.16 document, the documents constituting a shipment record must be 55.17 available for inspection together. A record must show the: 55.18 (1) names of the consignor and consignee; 55.19 (2) date of shipment; 55.20 (3) origin and destination points; 55.21 (4)number of packages, if applicable to the rating of the55.22freight or if the carrier's operating authority includes a55.23package or article restriction, unless the shipment is55.24transported by a household goods mover;55.25(5)description of the freight; 55.26(6)(5) weight, volume, or measurement of the freight, if 55.27 applicable to the rating of the freight or if the carrier's 55.28 operating authority includes a weight restriction; 55.29(7)(6) exact rate or rates assessed; 55.30(8)(7) total charges due, including the nature and amount 55.31 of any charges for special service; and 55.32(9)(8) the name of each carrier participating in the 55.33 transportation; and55.34(10) after January 1, 1994, any terminals through which the55.35shipment moved. 55.36 Sec. 74. Minnesota Statutes 1994, section 221.172, 56.1 subdivision 9, is amended to read: 56.2 Subd. 9. [CHARTER TRANSPORTATION.] A charter carrier and a 56.3 regular route common carrier of passengers with incidental 56.4 charter operating authority shall keep a record of each charter 56.5 it provides under a charter carrier permit or a certificate. A 56.6 charter record may consist of one or more documents. If it 56.7 consists of more than one document, the documents constituting a 56.8 charter record must be available for inspection together. A 56.9 charter record must show the: 56.10 (1) name of the carrier; 56.11 (2) names of the payor and organization, if any, for which 56.12 the transportation is performed; 56.13 (3) date or dates the transportation was performed; 56.14 (4) origin, destination, and general routing of the trip; 56.15 (5) identification and seating capacity of each vehicle 56.16 requested or used; 56.17 (6) number of persons transported; 56.18 (7) mileage upon which charges are based, including any 56.19 deadhead mileage, separately noted; 56.20 (8) applicable rates per mile, hour, day, or other unit; 56.21 (9) itemized charges for the transportation, including 56.22 special services and fees; and 56.23 (10) total charges assessed and collected. 56.24 A charter carrier must use the same method of computing its 56.25 rates in billing for charter services as that shown in its 56.26 tariff on file with the commissioner. 56.27 Sec. 75. Minnesota Statutes 1994, section 221.172, 56.28 subdivision 10, is amended to read: 56.29 Subd. 10. [RETAINED THREE YEARS.] A shipping document or 56.30 record described insubdivisions 2 to 9this section, or a copy 56.31 of it, must be retained by the carrier for at least three years 56.32 from the date on the shipping document or record. A carrier may 56.33 keep a shipping recorddescribed in subdivisions 3 to 9by any 56.34 technology that prevents the alteration, modification, or 56.35 erasure of the underlying data and will enable production of an 56.36 accurate and unaltered paper copy. A carrier shall keep a 57.1 shipping record in a manner that will make it readily accessible 57.2 and shall have a means of identifying and producing a legible 57.3 paper copy for inspection by the commissioner upon request. 57.4 Sec. 76. [221.173] [HOUSEHOLD GOODS MOVERS; BINDING 57.5 ESTIMATES.] 57.6 Subdivision 1. [BINDING ESTIMATES ALLOWED; WHEN REQUIRED.] 57.7 A household goods mover may provide, in its tariff, for giving a 57.8 binding estimate to a shipper of the costs a shipper will be 57.9 required to pay for services described in the estimate. If a 57.10 shipper requests a binding estimate under subdivision 2, a 57.11 household goods mover may not provide the service without giving 57.12 the shipper a binding estimate before the transportation begins. 57.13 Subd. 2. [REQUEST BY SHIPPER; RESPONSE.] A shipper may 57.14 request a binding estimate from a household goods mover. A 57.15 request must be in writing. If a household goods mover agrees 57.16 to give a binding estimate in response to a shipper's request, 57.17 it shall inform the shipper of its charges, as shown in its 57.18 tariff, for giving a binding estimate, including its charge for 57.19 making an inventory of the household goods to be transported. A 57.20 binding estimate must be based on a written inventory after an 57.21 on-site inspection of the goods to be moved. 57.22 Subd. 3. [DOCUMENTATION.] A binding estimate may be given 57.23 verbally to a shipper by reading it over the telephone but the 57.24 writing must be given to the shipper before the transportation 57.25 is scheduled to begin. The writing must clearly show that the 57.26 estimate is binding on the household goods mover and must 57.27 accurately describe the shipment and the services to be provided. 57.28 The writing also must show all transportation and incidental 57.29 charges. A household goods mover shall keep a binding estimate 57.30 as part of the shipping record required in section 221.172. 57.31 Subd. 4. [MAXIMUM CHARGE; DELIVERY OF SHIPMENT.] If a 57.32 household goods mover gives a binding estimate to a shipper, it 57.33 shall not charge or collect more than 110 percent of the total 57.34 estimate. Unless a shipment is delivered to a warehouse for 57.35 storage at the request of a shipper, at the time of delivery of 57.36 a collect-on-delivery shipment, a household goods mover shall 58.1 relinquish possession of a shipment to the shipper when the 58.2 shipper tenders payment of an amount not more than 110 percent 58.3 of the amount specified in the binding estimate. Payment may be 58.4 tendered by cash, money order, or certified check. 58.5 Sec. 77. [221.1851] [SUSPENSION AND CANCELLATION OF 58.6 OPERATING AUTHORITY.] 58.7 Subdivision 1. [SUSPENSION.] A motor carrier's operating 58.8 authority is suspended, without hearing, if a carrier fails to: 58.9 (1) comply with the insurance or bond requirements if 58.10 required by section 221.141 or rules adopted under that section; 58.11 (2) renew permits if required by section 221.131; 58.12 (3) register vehicles under sections 221.071, 221.131, or 58.13 221.0251; 58.14 (4) file a completed annual report if required by section 58.15 221.038; or 58.16 (5) pay, or make arrangements to pay, an administrative 58.17 penalty under section 221.036. 58.18 Subd. 2. [NOTICE OF SUSPENSION; EFFECTIVE DATE.] The 58.19 commissioner shall issue a notice of suspension if one of the 58.20 conditions described in subdivision 1 occurs. The notice must 58.21 give the reason for suspension and must be sent to the carrier's 58.22 last known address by certified mail, return receipt requested. 58.23 A suspension is effective two days after a notice is mailed. 58.24 Subd. 3. [RESPONSE TO NOTICE.] (a) A motor carrier whose 58.25 operating authority is suspended shall respond within 45 days of 58.26 the effective date of a suspension by: 58.27 (1) complying with the sections described in subdivision 1; 58.28 (2) filing with the commissioner a written request to 58.29 extend the time for compliance; or 58.30 (3) in the case of a suspended permit, submitting the 58.31 statement described in subdivision 6. 58.32 (b) Failure to respond in a manner described in this 58.33 subdivision within 45 days of the effective date of a suspension 58.34 constitutes an abandonment of the suspended operating authority 58.35 and a waiver of the carrier's right to contest a suspension or 58.36 cancellation. 59.1 Subd. 4. [REINSTATEMENT ON COMPLIANCE.] If a carrier whose 59.2 operating authority has been suspended complies with the 59.3 sections described in subdivision 1 within 45 days of the 59.4 effective date of a suspension or within the extended time 59.5 allowed by the commissioner, the commissioner shall reinstate 59.6 the operating authority. Compliance must include payment of a 59.7 late vehicle registration fee of $5 if the suspension resulted 59.8 from failure to register a vehicle. 59.9 Subd. 5. [EXTENSION.] The commissioner may grant a request 59.10 for extension filed under subdivision 3 upon a showing of good 59.11 cause. An extension may not exceed 20 days from the date a 59.12 request is filed. 59.13 Subd. 6. [STATEMENT OF SUSPENDED OPERATIONS; PERMITS.] (a) 59.14 If the holder of a suspended permit has filed a petition under 59.15 chapter 7 or 11 of the United States Bankruptcy Code, or has 59.16 died, a trustee in bankruptcy, debtor in possession, or personal 59.17 representative of a decedent's estate may submit a statement of 59.18 suspended operations instead of complying with the sections 59.19 described in subdivision 1. The statement must include: 59.20 (1) the permit holder's name and current address; 59.21 (2) the number of the suspended permit; 59.22 (3) a description of pending bankruptcy or probate 59.23 proceedings and why the carrier should not be required to comply 59.24 with the sections described in subdivision 1; 59.25 (4) an assurance that no carrier operations will be 59.26 conducted by the debtor's or decedent's estate during the time 59.27 the statement of suspended operations is on file with the 59.28 commissioner; and 59.29 (5) any additional information required by the commissioner. 59.30 (b) The statement must be accompanied by a document, issued 59.31 by a court of competent jurisdiction, that substantiates the 59.32 legal authority of the trustee, debtor in possession, or 59.33 personal representative. The commissioner's filing of a 59.34 statement of suspended operations continues the period of 59.35 suspension until the carrier complies with the sections 59.36 described in subdivision 1 or until the permit is transferred or 60.1 canceled. 60.2 Subd. 7. [CANCELLATION.] A carrier's operating authority 60.3 is canceled, without hearing, if a carrier: 60.4 (1) fails to respond to a notice of suspension by taking 60.5 one of the actions described in subdivision 3 within 45 days of 60.6 the effective date of a suspension; or 60.7 (2) fails to comply with the requirements described in 60.8 subdivision 1: 60.9 (i) within the time given in an extension granted under 60.10 subdivision 5; or 60.11 (ii) within 45 days of the completion of bankruptcy or 60.12 probate proceedings described in a statement filed under 60.13 subdivision 6. 60.14 Subd. 8. [NOTICE OF CANCELLATION; EFFECTIVE DATE.] The 60.15 commissioner shall issue a notice of cancellation if one of the 60.16 conditions described in subdivision 7 occurs. The notice must 60.17 be sent to the carrier's last known address by certified mail, 60.18 return receipt requested. A cancellation is effective on the 60.19 day a notice is mailed. 60.20 Sec. 78. Minnesota Statutes 1994, section 221.221, 60.21 subdivision 2, is amended to read: 60.22 Subd. 2. [POLICE OFFICER POWERS.]Transportation60.23representativesMotor carrier and hazardous material specialists 60.24 of the department for the purpose of enforcing the provisions of 60.25 this chapter, sections 169.781 to 169.783, and 296.17, 60.26 subdivisions 10 and 17, and the applicable rules, orders, or 60.27 directives of the commissioner, the commissioner of revenue, and 60.28 the board issued under this chapter and chapter 296, but for no 60.29 other purpose, have the powers conferred by law upon police 60.30 officers. The powers include the authority to conduct 60.31 inspections at designated highway weigh stations or under other 60.32 appropriate circumstances. 60.33 Sec. 79. Minnesota Statutes 1994, section 221.281, is 60.34 amended to read: 60.35 221.281 [VIOLATIONS, PENALTIES.] 60.36 Any regular route common carrieror petroleum carrierof 61.1 passengers, or any officer, agent or employee of any such 61.2 carrier, failing to comply with any final order, decision, rule, 61.3 or directive, or any part or provision thereof, of the 61.4 commissioner or board, or any provision ofsections 221.011 to61.5221.296this chapter, shall be subject to a penalty of $50 for 61.6 each and every day of such failure, to be recovered for the 61.7 state in a civil action brought by the commissioner. 61.8 Any such carrier granting any special rate, rebate, 61.9 drawback, or directly or indirectly charging, demanding, or 61.10 collecting a greater or less compensation than provided by its 61.11 regular established schedule of rates and charges, shall be 61.12 punished by a fine not exceeding $10,000 for each such offense. 61.13 Sec. 80. Minnesota Statutes 1994, section 221.291, 61.14 subdivision 4, is amended to read: 61.15 Subd. 4. [OPERATING WITHOUTCERTIFICATE OR PERMIT61.16 AUTHORITY.] A person who operates as a motor carrier without 61.17 obtaining required certificatesor, permits, or registration to 61.18 operate as required by this chapter is guilty of a misdemeanor, 61.19 and upon conviction shall be fined not less than the maximum 61.20 fine which may be imposed for a misdemeanor for each violation. 61.21 Sec. 81. Minnesota Statutes 1994, section 221.291, 61.22 subdivision 5, is amended to read: 61.23 Subd. 5. [VARIATION OF COMPENSATION RATE.] Aperson61.24 regular route common carrier of passengers, charter carrier, or 61.25 household goods mover who knowingly offers, grants, gives, 61.26 solicits, accepts, or receives a rebate, concession, or 61.27 discrimination in violation of a provision of this chapter, or 61.28 who by any means knowingly assists, requires, or permits a 61.29 person to obtain or provide transportation of persons or 61.30 property for a greater or lesser or different compensation than 61.31 that approved by order of the board, or in the case of permit 61.32 carriers than that filed with the commissioner, is guilty of a 61.33 misdemeanor and upon conviction shall be fined not less than 61.34 $200. 61.35 Sec. 82. Minnesota Statutes 1994, section 221.605, 61.36 subdivision 1, is amended to read: 62.1 Subdivision 1. [FEDERAL REGULATIONS.] (a) Interstate 62.2 carriers and private carriers engaged in interstate commerce 62.3 shall comply with the federal motor carrier safety regulations, 62.4 Code of Federal Regulations, title 49, parts 390 to 398; with 62.5 Code of Federal Regulations, title 49, part 40; and with the 62.6 rules of the commissioner concerning inspections, vehicle and 62.7 driver out-of-service restrictions and requirements, and 62.8 vehicle, driver, and equipment checklists. For purposes of 62.9 regulating commercial motor vehicles as defined in section 62.10 169.781, subdivision 1, the exemption provided in Code of 62.11 Federal Regulations, title 49, section 396.11, paragraph (d), 62.12 applies in Minnesota only to driveaway-towaway operations. 62.13 (b) An interstate carrier or private carrier engaged in 62.14 interstate commerce who complies with federal regulations 62.15 governing testing for controlled substances is exempt from the 62.16 requirements of sections 181.950 to 181.957 unless the carrier's 62.17 drug testing program provides for testing for controlled 62.18 substances in addition to those listed in Code of Federal 62.19 Regulations, title 49, section 40.21, paragraph (a), or for62.20alcohol. Persons subject to this section may test for drugs, in 62.21 addition to those listed in Code of Federal Regulations, title 62.22 49, section 40.21, paragraph (a), or for alcohol, only in 62.23 accordance with sections 181.950 to 181.957 and rules adopted 62.24 under those sections. 62.25 Sec. 83. Minnesota Statutes 1994, section 221.81, 62.26 subdivision 3e, is amended to read: 62.27 Subd. 3e. [SAFETY RULES.] (a) A building mover must comply 62.28 with therules adoptedregulations incorporated insection62.29221.0314: (1) subdivision 6 for driving of motor vehicles; (2)62.30subdivision 7 for parts and accessories necessary for the safe62.31operationsections 221.0261 to 221.0263 and 221.0265, except as 62.32 provided in paragraph (b); (3) subdivision 10 for inspection,62.33repair, and maintenance; (4) subdivision 8 for accident62.34reporting; and, (5) on and after August 1, 1994, subdivisions 262.35to 5 for driver qualifications. 62.36 (b) A towed vehicle, other than a full trailer, pole 63.1 trailer, or semitrailer, as those terms are defined in Code of 63.2 Federal Regulations, title 49, section 390.5, used by a building 63.3 mover to move a building on a highway is not required to comply 63.4 with rules for parts and accessories necessary for safe 63.5 operation. 63.6 Sec. 84. Minnesota Statutes 1994, section 221.84, 63.7 subdivision 4, is amended to read: 63.8 Subd. 4. [PERMITS; DECALS; FEES.] (a) The commissioner 63.9 shall design a distinctive decal to be issued to permit holders 63.10 under this section. Each decal is valid for one year from the 63.11 date of issuance. No person may operate a limousine that 63.12 provides limousine service unless the limousine has such a decal 63.13 conspicuously displayed. 63.14 (b)During the period July 1, 1991, to June 30, 1992, the63.15fee for each decal issued under this section is $150. After63.16June 30, 1992,The fee for each decal is $80. The fee for each 63.17 permit issued under this section is $150. The commissioner 63.18 shall deposit all fees under this section in the trunk highway 63.19 fund. 63.20 Sec. 85. Minnesota Statutes 1994, section 221.85, 63.21 subdivision 3, is amended to read: 63.22 Subd. 3. [PERMITS; DECALS.] (a) The commissioner shall 63.23 design a distinctive decal to be issued to permit holders under 63.24 this section. A decal is valid for one year from the date of 63.25 issuance. No person may provide personal transportation service 63.26 in a personal transportation service vehicle that does not 63.27 conspicuously display a decal issued under this subdivision. 63.28 (b)From August 1, 1992, to June 30, 1993, the fee for each63.29decal issued under this section is $150. On and after July 1,63.301993,The fee for each decal issued under this section is $80. 63.31 The fee for each permit issued under this section is $150. The 63.32 commissioner shall deposit all fees under this subdivision in 63.33 the trunk highway fund. 63.34 Sec. 86. [STUDY; APPROPRIATION.] 63.35 $100,000 is appropriated from the trunk highway fund to the 63.36 commissioner of transportation for the purpose of conducting a 64.1 study of regulated charter and household goods mover service in 64.2 Minnesota. The appropriated amount is to be available during 64.3 the fiscal year ending June 30, 1996. The purpose of the study 64.4 is to determine if there continues to be a need for placing 64.5 limitations on the geographic scope of a charter carrier or 64.6 household goods mover's operations or restrictions on the 64.7 vehicles used or the type of service provided. In conducting 64.8 the study, the commissioner shall determine the current level 64.9 and quality of charter and household goods mover service 64.10 provided throughout Minnesota. The commissioner also shall 64.11 determine the possible impact on existing permit carriers, 64.12 providers of passenger transportation under contract to the 64.13 department of transportation or the metropolitan council, other 64.14 regulated passenger carriers, and the public, of eliminating 64.15 existing restrictions on charter carrier or household goods 64.16 mover service. The commissioner shall report the results of the 64.17 study to the legislature on February 1, 1996. 64.18 Sec. 87. [CONVERSION OF CERTIFICATES AND PERMITS.] 64.19 The holder of a valid class I or petroleum carrier 64.20 certificate, a class II, class II-T, class II-L, livestock 64.21 carrier, contract carrier, courier service carrier, local 64.22 cartage carrier, temperature-controlled commodities or armored 64.23 carrier permit, or a hazardous materials carrier who is 64.24 registered under Minnesota Statutes, section 221.0355, on the 64.25 effective date of this section, is deemed to have complied with 64.26 Minnesota Statutes, section 221.0251, subdivisions 2 to 4. The 64.27 commissioner shall issue a certificate of registration to any 64.28 such certificate or permit holder or registered hazardous 64.29 materials carrier. Upon the commissioner's issuance of a 64.30 certificate of registration to a certificate or permit holder, 64.31 the existing certificates or permits held become null and void. 64.32 Sec. 88. [REPEALER.] 64.33 Minnesota Statutes 1994, sections 221.011, subdivisions 10, 64.34 12, 18, 24, 25, 27, 28, 35, 36, 38, 39, 40, 41, 43, 44, 45, and 64.35 46; 221.031, subdivisions 2, 2a, 2b, 3, 3a, 3b, 3c, 6, 7, 8, and 64.36 9; 221.0313; 221.0314; 221.037; 221.072; 221.101; 221.111; 65.1 221.121, subdivisions 3, 6c, 6d, 6e, 6f, and 6g; 221.131, 65.2 subdivisions 6 and 7; 221.141, subdivision 6; 221.151, 65.3 subdivision 3; 221.152; 221.153; 221.172, subdivisions 1, 2, 4, 65.4 5, 6, 7, and 8; 221.185; and 221.296, are repealed. 65.5 Sec. 89. [EFFECTIVE DATE.] 65.6 This article is effective the day following final enactment. 65.7 ARTICLE 2 65.8 MISCELLANEOUS AMENDMENTS 65.9 Section 1. Minnesota Statutes 1994, section 168.013, 65.10 subdivision 1e, is amended to read: 65.11 Subd. 1e. [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On 65.12 trucks and tractors except those in this chapter defined as farm 65.13 trucks, on truck-tractor and semitrailer combinations except 65.14 those defined as farm combinations, and on commercial zone 65.15 vehicles, the tax based on total gross weight shall be graduated 65.16 according to the Minnesota base rate schedule prescribed in this 65.17 subdivision, but in no event less than $120. 65.18 Minnesota Base Rate Schedule 65.19 Scheduled taxes include five percent 65.20 surtax provided for in subdivision 14 65.21 TOTAL GROSS WEIGHT 65.22 IN POUNDS TAX 65.23 A 0 - 1,500 $ 15 65.24 B 1,501 - 3,000 20 65.25 C 3,001 - 4,500 25 65.26 D 4,501 - 6,000 35 65.27 E 6,001 - 9,000 45 65.28 F 9,001 - 12,0007071 65.29 G 12,001 - 15,000105107 65.30 H 15,001 - 18,000145147 65.31 I 18,001 - 21,000190193 65.32 J 21,001 - 26,000270274 65.33 K 26,001 - 33,000360365 65.34 L 33,001 - 39,000475482 65.35 M 39,001 - 45,000595604 65.36 N 45,001 - 51,000715726 66.1 O 51,001 - 57,000865878 66.2 P 57,001 - 63,00010151030 66.3 Q 63,001 - 69,00011851203 66.4 R 69,001 - 73,28013251345 66.5 S 73,281 - 78,00015951619 66.6 T 78,001 - 81,00017601786 66.7 For purposes of the Minnesota base rate schedule, for 66.8 vehicles with six or more axles in the "S" and "T" categories, 66.9 the base rates are$1,520$1,543 and$1,620$1,644 respectively. 66.10 For each vehicle with a gross weight in excess of 81,000 66.11 pounds an additional tax of$50$51 is imposed for each ton or 66.12 fraction thereof in excess of 81,000 pounds, subject to 66.13 subdivision 12. 66.14 Truck-tractors except those herein defined as farm and 66.15 commercial zone vehicles shall be taxed in accord with the 66.16 foregoing gross weight tax schedule on the basis of the combined 66.17 gross weight of the truck-tractor and any semitrailer or 66.18 semitrailers which the applicant proposes to combine with the 66.19 truck-tractor. 66.20 Commercial zone trucks include only trucks, truck-tractors, 66.21 and semitrailer combinations which are: 66.22 (1) used by an authorized local cartage carrieroperating66.23under a permit issued under section 221.296 andwhose gross 66.24 transportation revenue consists of at least 60 percent obtained 66.25 solely from local cartage carriage, and are operated solely 66.26 within an area composed of two contiguous cities of the first 66.27 class and municipalities contiguous thereto as defined by 66.28 section 221.011, subdivision 17; or, 66.29 (2) operated by an interstate carrier registered under 66.30 section 221.60, or by an authorized local cartage carrier or 66.31 other carrier receiving operating authority under chapter 221, 66.32 and operated solely within a zone exempt from regulation by the 66.33 interstate commerce commission pursuant to United States Code, 66.34 title 49, section 10526(b). 66.35 The license plates issued for commercial zone vehicles 66.36 shall be plainly marked. A person operating a commercial zone 67.1 vehicle outside the zone or area in which its operation is 67.2 authorized is guilty of a misdemeanor and, in addition to the 67.3 penalty therefor, shall have the registration of the vehicle as 67.4 a commercial zone vehicle revoked by the registrar and shall be 67.5 required to reregister the vehicle at 100 percent of the full 67.6 annual tax prescribed in the Minnesota base rate schedule, and 67.7 no part of this tax shall be refunded during the balance of the 67.8 registration year. 67.9 On commercial zone trucks the tax shall be based on the 67.10 total gross weight of the vehicle and during each of the first 67.11 eight years of vehicle life shall be 75 percent of the Minnesota 67.12 base rate schedule. During the ninth and succeeding years of 67.13 vehicle life the tax shall be 50 percent of the Minnesota base 67.14 rate schedule. 67.15 On trucks, truck-tractors and semitrailer combinations, 67.16 except those defined as farm trucks and farm combinations, and 67.17 except for those commercial zone vehicles specifically provided 67.18 for in this subdivision, the tax for each of the first eight 67.19 years of vehicle life shall be 100 percent of the tax imposed in 67.20 the Minnesota base rate schedule, and during the ninth and 67.21 succeeding years of vehicle life, the tax shall be 75 percent of 67.22 the Minnesota base rate prescribed by this subdivision. 67.23 Sec. 2. Minnesota Statutes 1994, section 168.126, 67.24 subdivision 1, is amended to read: 67.25 Subdivision 1. [UNIQUE REGISTRATION CATEGORY.] A unique 67.26 vehicle registration category is established for vehicles known 67.27 as commuter vans. "Commuter van" means a vehicle having a 67.28 capacity of seven to 16 persons thatmeets the criteria set67.29forth in section 221.011, subdivision 27is used in a 67.30 ridesharing arrangement principally to provide prearranged 67.31 transportation of persons for a fee to or from their place of 67.32 employment or to or from a transit stop authorized by a local 67.33 transit authority: 67.34 (1) when the vehicle is operated by a person who does not 67.35 drive the vehicle for that person's principal occupation but is 67.36 driving it only to or from that person's principal place of 68.1 employment or to or from a transit stop authorized by a local 68.2 transit authority; or 68.3 (2) when the vehicle is operated for personal use at other 68.4 times by an authorized driver. 68.5 Sec. 3. Minnesota Statutes 1994, section 168.126, 68.6 subdivision 2, is amended to read: 68.7 Subd. 2. [LICENSE PLATES.] The registrar shall issue 68.8 special license plates for a commuter van, as defined insection68.9221.011,subdivision271, upon the applicant's compliance with 68.10 the laws of Minnesota relating to registration and licensing of 68.11 motor vehicles and drivers. 68.12 Sec. 4. Minnesota Statutes 1994, section 174A.02, 68.13 subdivision 4, is amended to read: 68.14 Subd. 4. [HEARINGS; NOTICE.] With respect to those matters 68.15 within its jurisdiction the board shall receive, hear and 68.16 determine all petitions filed with it in accordance with the 68.17 procedures established by law and may hold hearings and make 68.18 determinations upon its own motion to the same extent, and in 68.19 every instance, in which it may do so upon petition. Upon 68.20 receiving petitions filed pursuant to sections 221.061, 221.081, 68.21 221.121, subdivision 1, 221.151,221.296,and 221.55, the board 68.22 shall give notice of the filing of the petition to 68.23 representatives of associations or other interested groups or 68.24 persons who have registered their names with the board for that 68.25 purpose and to whomever the board deems to be interested in the 68.26 petition. The board may grant or deny the request of the 68.27 petition 30 days after notice of the filing has been fully 68.28 given. If the board receives a written objection and notice of 68.29 intent to appear at a hearing to object to the petition from any 68.30 person within 20 days of the notice having been fully given, the 68.31 request of the petition shall be granted or denied only after a 68.32 contested case hearing has been conducted on the petition, 68.33 unless the objection is withdrawn prior to the hearing. The 68.34 board may elect to hold a contested case hearing if no 68.35 objections to the petition are received. If a timely objection 68.36 is not received, or if received and withdrawn, and the request 69.1 of the petition is denied without hearing, the petitioner may 69.2 request within 30 days of receiving the notice of denial, and 69.3 shall be granted, a contested case hearing on the petition. 69.4 Sec. 5. Minnesota Statutes 1994, section 174A.06, is 69.5 amended to read: 69.6 174A.06 [CONTINUATION OF RULES.] 69.7 Orders and directives heretofore in force, issued or 69.8 promulgated by the public service commission, public utilities 69.9 commission, or the department of transportation under authority 69.10 of chapters 216A, 218, 219, and 221 remain and continue in force 69.11 and effect until repealed, modified, or superseded by duly 69.12 authorized orders or directives of the transportation regulation 69.13 board. Rules adopted by the public service commission, public 69.14 utilities commission or the department of transportation under 69.15 authority of the following sections are transferred to the 69.16 transportation regulation board and continue in force and effect 69.17 until repealed, modified, or superseded by duly authorized rules 69.18 of the transportation regulation board: 69.19 (1) section 218.041 except rules related to the form and 69.20 manner of filing railroad rates, railroad accounting rules, and 69.21 safety rules; 69.22 (2) section 219.40; 69.23 (3) rules relating to rates or tariffs, or the granting, 69.24 limiting, or modifying of permits or certificates of convenience 69.25 and necessity under section 221.031, subdivision 1; 69.26 (4) rules relating to the sale, assignment, pledge, or 69.27 other transfer of a stock interest in a corporation holding 69.28 authority to operate as a permit carrier as prescribed in 69.29 section 221.151, subdivision 1, or a local cartage carrier under69.30section 221.296, subdivision 8; 69.31 (5) rules relating to rates, charges, and practices under 69.32 section 221.161, subdivision 4; and 69.33 (6) rules relating to rates, tariffs, or the granting, 69.34 limiting, or modifying of permits under sections 221.121,and 69.35 221.151, and 221.296or certificates of convenience and 69.36 necessity under section 221.071. 70.1 The board shall review the transferred rules, orders, and 70.2 directives and, when appropriate, develop and adopt new rules, 70.3 orders, or directives within 18 months of July 1, 1985. 70.4 Sec. 6. Minnesota Statutes 1994, section 221.60, 70.5 subdivision 3a, is amended to read: 70.6 Subd. 3a. [FAILURE TO MAINTAIN INSURANCE.] If a carrier 70.7 fails to maintain and file with the commissioner the insurance 70.8 or bond required by section 221.141 and the rules of the 70.9 commissioner, the commissioner shall suspend and cancel the 70.10 carrier's interstate registrationaccording to the procedure in70.11section 221.185, subdivisions 2, paragraphs (a) and (b), clause70.12(1); and 3. If the carrier fails to comply with section 221.141 70.13 within 45 days of the date of suspension, the commissioner shall 70.14 cancel the carrier's interstate registration until the carrier 70.15 files and maintains insurance as required by section 221.141 and 70.16 rules of the commissioner. The commissioner shall notify the 70.17 carrier of the cancellation. 70.18 Sec. 7. Minnesota Statutes 1994, section 609.671, 70.19 subdivision 5, is amended to read: 70.20 Subd. 5. [HAZARDOUS WASTE; UNLAWFUL TREATMENT, STORAGE, 70.21 TRANSPORTATION, OR DELIVERY.] (a) A person is guilty of a felony 70.22 who knowingly does any of the following: 70.23 (1) delivers hazardous waste to any person other than a 70.24 person who is authorized to receive the waste under rules 70.25 adopted under section 116.07, subdivision 4, or under United 70.26 States Code, title 42, sections 6921 to 6938; 70.27 (2) treats or stores hazardous waste without a permit if a 70.28 permit is required, or in violation of a material term or 70.29 condition of a permit held by the person, unless: 70.30 (i) the person notifies the agency prior to the time a 70.31 permit would be required that the person will be treating or 70.32 storing waste without a permit; or 70.33 (ii) for a violation of a material term or condition of a 70.34 permit, the person immediately notifies the agency issuing the 70.35 permit of the circumstances of the violation as soon as the 70.36 person becomes aware of the violation; 71.1 (3) transports hazardous waste to any location other than a 71.2 facility that is authorized to receive, treat, store, or dispose 71.3 of the hazardous waste under rules adopted under section 116.07, 71.4 subdivision 4, or under United States Code, title 42, sections 71.5 6921 to 6938; 71.6 (4) transports hazardous waste without a manifest as 71.7 required by the rules under sections 116.07, subdivision 4, 71.8 and221.172221.0356; or 71.9 (5) transports hazardous waste without a license required 71.10 for the transportation of hazardous waste by chapter 221. 71.11 (b) A person convicted under this subdivision may be 71.12 sentenced to imprisonment for not more than three years, or to 71.13 payment of a fine of not more than $25,000, or both. A person 71.14 convicted for a second or subsequent offense may be sentenced to 71.15 imprisonment for not more than five years, or to payment of a 71.16 fine of not more than $50,000, or both. 71.17 Sec. 8. [EFFECTIVE DATE.] 71.18 Section 1 is effective November 15, 1995. The remainder of 71.19 this article is effective the day following final enactment.