HF 1443

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  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 chapter 
  2.1   Unless the language or context clearly suggests a different 
  2.2   meaning is intended, the words, terms, and phrases defined 
  2.3   used in this section chapter 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, 
  2.10  a 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 to motor carriers other than 
  2.15  regular route common carriers of passengers, class I common 
  2.16  carriers, and petroleum carriers, household goods movers and 
  2.17  charter carriers under the provisions of this chapter, 
  2.18  authorizing the use of the highways of Minnesota for 
  2.19  transportation 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 a motor 
  2.30  carrier embraced within this chapter other than regular route 
  2.31  common carriers of passengers, class I carriers, and petroleum 
  2.32  carriers household 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 a carrier 
  2.36  operating for hire under the authority of this chapter and 
  3.1   subject to the rules and orders of the commissioner and the 
  3.2   board: 
  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 motor 
  3.27  vehicle 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 property or passengers by motor vehicle 
  3.33  when: 
  3.34     (a) (1) the person transporting the property or passengers 
  3.35  is engaged in a business other than transportation; and 
  3.36     (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 transportation described 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" means 
  4.10  a substance or material determined by the United States 
  4.11  secretary of transportation to be capable of posing an 
  4.12  unreasonable risk to health, safety, and property when 
  4.13  transported in commerce, and so designated by the United States 
  4.14  secretary of transportation has 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 a motor carrier regular 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 PERMIT OPERATING 
  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 advertise 
  7.20  or otherwise hold out as a motor carrier without a certificate 
  7.21  or permit in effect.  A certificate or permit may be suspended 
  7.22  or revoked upon conviction of violating a provision of sections 
  7.23  221.011 to 221.296 this 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 
  7.28  sections 221.011 to 221.296 this 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 under sections 221.011 to 
  8.15  221.296 this 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 [EXEMPTIONS SCOPE OF CHAPTER.] 
  8.26     The provisions of (a) This chapter requiring a certificate 
  8.27  or permit to operate as a motor carrier do does not apply to the 
  8.28  intrastate 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 169.451 and; 
  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 of solid waste, as defined in 
  8.36  section 116.06, subdivision 22, including recyclable materials 
  9.1   and waste tires, except that the term "hazardous waste" has the 
  9.2   meaning given it in section 221.011, subdivision 31 persons 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, 
  9.5   subdivision 27; 
  9.6      (d) (4) transportation provided by an authorized emergency 
  9.7   vehicles vehicle as defined in section 169.01, subdivision 5, 
  9.8   including ambulances;. and tow trucks equipped with proper and 
  9.9   legal warning devices when picking up and transporting (1) 
  9.10  disabled or wrecked motor vehicles or (2) vehicles towed or 
  9.11  transported under a towing order issued by a public employee 
  9.12  authorized to issue a towing order; 
  9.13     (e) the transportation of grain samples under conditions 
  9.14  prescribed by the board; 
  9.15     (f) the delivery of agricultural lime; 
  9.16     (g) the transportation of dirt and sod within an area 
  9.17  having a 50-mile radius from the home post office of the person 
  9.18  performing the transportation; 
  9.19     (h) the transportation of sand, gravel, bituminous asphalt 
  9.20  mix, concrete ready mix, concrete blocks or tile and the mortar 
  9.21  mix to be used with the concrete blocks or tile, or crushed rock 
  9.22  to or from the point of loading or a place of gathering within 
  9.23  an area having a 50-mile radius from that person's home post 
  9.24  office or a 50-mile radius from the site of construction or 
  9.25  maintenance of public roads and streets; 
  9.26     (i) the transportation of pulpwood, cordwood, mining 
  9.27  timber, poles, posts, decorator evergreens, wood chips, sawdust, 
  9.28  shavings, and bark from the place where the products are 
  9.29  produced to the point where they are to be used or shipped; 
  9.30     (j) the transportation of fresh vegetables from farms to 
  9.31  canneries or viner stations, from viner stations to canneries, 
  9.32  or from canneries to canneries during the harvesting, canning, 
  9.33  or packing season, or transporting sugar beets, wild rice, or 
  9.34  rutabagas from the field of production to the first place of 
  9.35  delivery or unloading, including a processing plant, warehouse, 
  9.36  or railroad siding; 
 10.1      (k) the transportation of property or freight, other than 
 10.2   household goods and petroleum products in bulk, entirely within 
 10.3   the corporate limits of a city or between contiguous cities 
 10.4   except as provided in section 221.296; 
 10.5      (l) the transportation of unprocessed dairy products in 
 10.6   bulk within an area having a 100-mile radius from the home post 
 10.7   office of the person providing the transportation; 
 10.8      (m) the transportation of agricultural, horticultural, 
 10.9   dairy, livestock, or other farm products within an area having a 
 10.10  25-mile radius from the person's home post office and the 
 10.11  carrier may transport other commodities within the 25-mile 
 10.12  radius if the destination of each haul is a farm; 
 10.13     (n) passenger transportation service that is not charter 
 10.14  service and that is under contract to and with operating 
 10.15  assistance from the department or the metropolitan council; 
 10.16     (o) the transportation of newspapers, as defined in section 
 10.17  331A.01, subdivision 5, telephone books, handbills, circulars, 
 10.18  or pamphlets in a vehicle with a gross vehicle weight of 10,000 
 10.19  pounds or less; and 
 10.20     (p) transportation of potatoes from the field of 
 10.21  production, or a storage site owned or otherwise controlled by 
 10.22  the producer, to the first place of processing. The exemptions 
 10.23  provided in this section apply to a person only while the person 
 10.24  is 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 commissioner shall may 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 and 
 32.12  other reports including annual accounts of motor carriers, 
 32.13  schedules of rates and charges, or other data by motor carriers, 
 32.14  regulate motor carriers in matters affecting the relationship 
 32.15  between them and the traveling and shipping public, and 
 32.16  prescribe other rules as may be necessary to carry out the 
 32.17  provisions of this chapter.  
 32.18     (e) A motor carrier having gross revenues from for-hire 
 32.19  transportation in a calendar year of less than $200,000 may, at 
 32.20  the discretion of the commissioner, be exempted from the filing 
 32.21  of an annual report, if instead the motor carrier files an 
 32.22  abbreviated annual report, in a form as may be prescribed by the 
 32.23  commissioner, attesting that the motor carrier's gross revenues 
 32.24  did not exceed $200,000 in the previous calendar year.  Motor 
 32.25  carrier gross revenues from for-hire transportation, for the 
 32.26  purposes of this subdivision only, do not include gross revenues 
 32.27  received from the operation of school buses as defined in 
 32.28  section 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 the rules 
 33.8   adopted in section 221.0314 regulations 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 subdivision 
 33.17  applies to persons engaged in intrastate commerce. 
 33.18     (b) Farmers or their employees transporting engaged 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  rules adopted in section 221.0314, subdivisions 2 to 5, 
 33.23  for driver qualifications or with of drivers in Code of Federal 
 33.24  Regulations, title 49, part 391; the shipping paper requirements 
 33.25  of the in 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) of 
 33.28  the Federal Motor Carrier Safety Regulations when: 
 33.29     (1) transporting diesel fuel or gasoline in a motorized 
 33.30  tank truck vehicles vehicle of less than 1,500-gallon capacity 
 33.31  owned by the transporter, or in tanks a tank securely mounted in 
 33.32  other a motor vehicles vehicle 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 RELATED EXEMPTION EXEMPTIONS.] 
 34.3   (a) This subdivision applies to persons engaged in intrastate 
 34.4   commerce. 
 34.5      (b) Fertilizer and A fertilizer or agricultural chemical 
 34.6   retailers retailer or their employees are a driver employed by a 
 34.7   fertilizer or agricultural chemical retailer is exempt from the 
 34.8   rule 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 is transporting engaged 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 with the rules adopted in section 221.0314:  (1) 
 35.3   subdivisions 2 to 5 sections 221.0261 for driver qualifications; 
 35.4   (2) subdivision 6, 221.0262 for driving of motor vehicles; (3) 
 35.5   subdivision 7, 221.0263 for parts and accessories necessary for 
 35.6   safe operation; (4) subdivision 10 for inspection, repair, and 
 35.7   maintenance; 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) section 
 36.18  221.021; (2) section 221.033, subdivision 2b; (3) section 
 36.19  221.041, subdivision 3; (4) section 221.081; (5) section 
 36.20  221.151; (6) section 221.171; (7) section 221.141; (8) section 
 36.21  221.035, a material term or condition of a license issued under 
 36.22  that 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 of section 221.021; 221.041, 
 36.32  subdivision 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 for certificated regular route common 
 38.16  carriers of passengers.  In prescribing rates, fares, charges, 
 38.17  classifications, and rules for the carrying of freight, persons, 
 38.18  or 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.] A certificated regular 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  No certificated regular 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.  A certificated 
 39.27  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 to a shipper or any person a privilege or 
 39.31  facilities in connection with the transportation of 
 39.32  passengers or property except as are authorized under the order 
 39.33  of the board.  No passenger-carrying regular 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 passengers or class I carrier 
 40.9   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, 
 40.17  or 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 carrier or petroleum carrier is 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 carriers A 
 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 carrier or as a petroleum carrier of 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 other motor carrier regular 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   certificate of convenience and necessity issued by the 
 44.2   commission or to a permit 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 a permit carrier, except as 
 44.9   provided 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 permit and certificated carriers 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 rail 
 45.1   permitting the common carrier to operate trucks for hire within 
 45.2   this state, nor may a common carrier by rail be permitted to 
 45.3   own, lease, operate, control, or have an interest in a permit 
 45.4   carrier by truck, either by stock ownership or otherwise, 
 45.5   directly, indirectly, through a holding company, or by 
 45.6   stockholders or directors in common, or in any other manner.  
 45.7   Nothing in sections 221.011 to 221.291 prevents the board from 
 45.8   issuing a permit to a common carrier by rail authorizing the 
 45.9   carrier to operate trucks wholly within the limits of a 
 45.10  municipality or within adjacent or contiguous municipalities or 
 45.11  a common rate point served by the railroad and only as a service 
 45.12  supplementary to the rail service now established by the 
 45.13  carriers. 
 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 against 
 45.21  an 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 GOODS CARRIER MOVERS.] A person who 
 45.28  desires to hold out or to operate as a carrier of household 
 45.29  goods shall follow the procedure established in subdivision 1, 
 45.30  and shall specifically request a household goods mover permit.  
 45.31  The permit granted by the board to a person who meets the 
 45.32  criteria established in this subdivision and subdivision 1 shall 
 45.33  authorize the person to hold out and to operate as a household 
 45.34  goods 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 
 46.17  sections section 221.141 and 221.296 and 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 unit 
 47.6   of each registered vehicle operated under the permit.  Vehicles 
 47.7   must show the name or the "doing business as" name of the permit 
 47.8   holder operating the vehicle and the community and abbreviation 
 47.9   of the state in which the permit holder maintains its principal 
 47.10  office or in which the vehicle is customarily based.  If the 
 47.11  permit holder operates a leased vehicle, it may show its name 
 47.12  and the name of the lessor on the vehicle, if the lease 
 47.13  relationship is clearly shown.  If the name of a person other 
 47.14  than the operating permit holder appears on the vehicle, the 
 47.15  words "operated by" must immediately precede the name of the 
 47.16  permit holder.  The name and address must be in letters that 
 47.17  contrast sharply in color with the background, be readily 
 47.18  legible during daylight hours from a distance of 50 feet while 
 47.19  the vehicle is stationary, and be maintained in a manner that 
 47.20  retains the legibility of the markings.  The name and address 
 47.21  may be shown by use of a removable device if that device meets 
 47.22  the identification and legibility requirements of this 
 47.23  subdivision. 
 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 class 
 47.27  II-T, class II-L, household goods mover, and 
 47.28  temperature-controlled commodities permit holders, or any 
 47.29  combination 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 carriers A 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 for 
 49.23  certificated carriers, except those carrying passengers 
 49.24  exclusively.  The commissioner may require a permit carrier to 
 49.25  file cargo insurance when the commissioner deems necessary to 
 49.26  protect 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 TRANSPORTATION APPLICABILITY.] (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   person included described in section 221.031, subdivision 3b, 
 50.4   paragraph (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 livestock 
 50.8   permits, 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 
 50.32  other than local cartage carrier permit from 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; 
 53.6   ARMORED CARRIER EXEMPTION.] (a) Except as provided in paragraph 
 53.7   (b), A permit carrier, including a livestock carrier but not 
 53.8   including 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.  Tariffs 
 53.30  for transporting livestock are not subject to rejection, 
 53.31  suspension, or postponement by the board, except as provided in 
 53.32  subdivisions 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 required 
 54.2   to file a tariff under this subdivision for the service 
 54.3   authorized 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. 
 54.27  Schedules of rates and charges for the transportation of 
 54.28  livestock are not subject to rejection, suspension, 
 54.29  postponement, or investigation by the board except as provided 
 54.30  in 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.  [EXCEPTION EXCEPTIONS.] (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-CONTROLLED 
 55.9   COMMODITIES CARRIERS; HOUSEHOLD GOODS MOVERS.] A class I 
 55.10  carrier, class II carrier, household goods mover, and a holder 
 55.11  of a temperature-controlled commodities permit shall keep a 
 55.12  record of each shipment transported under a certificate or its 
 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 the 
 55.22  freight or if the carrier's operating authority includes a 
 55.23  package or article restriction, unless the shipment is 
 55.24  transported 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; and 
 55.34     (10) after January 1, 1994, any terminals through which the 
 55.35  shipment 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 in subdivisions 2 to 9 this 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 record described in subdivisions 3 to 9 by 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.] Transportation 
 60.23  representatives Motor 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 carrier or petroleum carrier of 
 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 of sections 221.011 to 
 61.5   221.296 this 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 WITHOUT CERTIFICATE OR PERMIT 
 61.16  AUTHORITY.] A person who operates as a motor carrier without 
 61.17  obtaining required certificates or, 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.] A person 
 61.24  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 for 
 62.20  alcohol.  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 the rules adopted regulations incorporated in section 
 62.29  221.0314:  (1) subdivision 6 for driving of motor vehicles; (2) 
 62.30  subdivision 7 for parts and accessories necessary for the safe 
 62.31  operation sections 221.0261 to 221.0263 and 221.0265, except as 
 62.32  provided in paragraph (b); (3) subdivision 10 for inspection, 
 62.33  repair, and maintenance; (4) subdivision 8 for accident 
 62.34  reporting; and, (5) on and after August 1, 1994, subdivisions 2 
 62.35  to 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, the 
 63.15  fee for each decal issued under this section is $150.  After 
 63.16  June 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 each 
 63.29  decal issued under this section is $150.  On and after July 1, 
 63.30  1993, 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 - 12,000                70   71
 65.29            G  12,001 - 15,000               105  107
 65.30            H  15,001 - 18,000               145  147
 65.31            I  18,001 - 21,000               190  193
 65.32            J  21,001 - 26,000               270  274
 65.33            K  26,001 - 33,000               360  365
 65.34            L  33,001 - 39,000               475  482
 65.35            M  39,001 - 45,000               595  604
 65.36            N  45,001 - 51,000               715  726
 66.1             O  51,001 - 57,000               865  878
 66.2             P  57,001 - 63,000              1015 1030
 66.3             Q  63,001 - 69,000              1185 1203
 66.4             R  69,001 - 73,280              1325 1345
 66.5             S  73,281 - 78,000              1595 1619
 66.6             T  78,001 - 81,000              1760 1786
 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 carrier operating 
 66.23  under a permit issued under section 221.296 and whose 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 that meets the criteria set 
 67.29  forth in section 221.011, subdivision 27 is 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 in section 
 68.9   221.011, subdivision 27 1, 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 under 
 69.30  section 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 221.296 or 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 registration according to the procedure in 
 70.11  section 221.185, subdivisions 2, paragraphs (a) and (b), clause 
 70.12  (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   and 221.172 221.0356; 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.