HF 1620

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; permitting school buses and 
  1.3             Head Start buses to be inspected by certified 
  1.4             inspectors; amending Minnesota Statutes 2002, section 
  1.5             169.451. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 169.451, is 
  1.8   amended to read: 
  1.9      169.451 [INSPECTING SCHOOL AND HEAD START BUSES; RULES; 
  1.10  MISDEMEANOR.] 
  1.11     Subdivision 1.  [ANNUAL REQUIREMENT.] The Minnesota state 
  1.12  patrol shall inspect Every school bus and every Head Start 
  1.13  bus must be inspected annually to ascertain whether its 
  1.14  construction, design, equipment, and color comply with all 
  1.15  provisions of law. 
  1.16     Subd. 1a.  [INSPECTOR CERTIFICATION; SUSPENSION AND 
  1.17  REVOCATION; HEARING.] (a) An inspection required by this section 
  1.18  may be performed only by: 
  1.19     (1) an employee of the department of public safety or 
  1.20  transportation who has been certified by the commissioner after 
  1.21  having received training provided by the state patrol; or 
  1.22     (2) another person who has been certified by the 
  1.23  commissioner after having received training provided by the 
  1.24  state patrol or other training approved by the commissioner. 
  1.25     (b) A person who is not an employee of the department of 
  2.1   public safety or transportation may be certified by the 
  2.2   commissioner if the person is:  
  2.3      (1) an owner, or employee of the owner, of one or more 
  2.4   school buses, Head Start buses, or both; 
  2.5      (2) the employee of a school district or nonpublic school 
  2.6   that owns school buses; 
  2.7      (3) a dealer licensed under section 168.27 and engaged in 
  2.8   the business of buying and selling school buses, Head Start 
  2.9   buses, or both, or an employee of the dealer; or 
  2.10     (4) engaged in the business of repairing and servicing 
  2.11  school buses as defined in section 169.01, subdivision 6, Head 
  2.12  Start buses, or both.  
  2.13     (c) Certification of persons described in paragraph (b), 
  2.14  clauses (1) to (4), is effective for two years from the date of 
  2.15  certification.  The commissioner may require biennial retraining 
  2.16  of persons holding a certificate under paragraph (b) as a 
  2.17  condition of renewal of the certificate.  The commissioner may 
  2.18  charge a fee of not more than $10 for each certificate issued 
  2.19  and renewed.  A certified person described in paragraph (b), 
  2.20  clauses (1) to (4), may charge a reasonable fee for each 
  2.21  inspection of a vehicle not owned by the person or the person's 
  2.22  employer. 
  2.23     (d) The commissioner may classify types of vehicles for 
  2.24  inspection purposes and may issue separate classes of inspector 
  2.25  certificates for each class.  The commissioner shall issue 
  2.26  separate categories of inspector certificates based on the 
  2.27  following classifications: 
  2.28     (1) a class of certificate that authorizes the certificate 
  2.29  holder to inspect school buses, Head Start buses, or both, 
  2.30  without regard to ownership or lease; and 
  2.31     (2) a class of certificate that authorizes the certificate 
  2.32  holder to inspect only school buses, Head Start buses, or both, 
  2.33  that the certificate holder owns or leases. 
  2.34  The commissioner shall issue a certificate described in clause 
  2.35  (1) only to a person described in paragraph (b), clause (3) or 
  2.36  (4). 
  3.1      (e) The commissioner, after notice and an opportunity for a 
  3.2   hearing, may suspend a certificate issued under paragraph (b) 
  3.3   for failure to meet annual certification requirements prescribed 
  3.4   by the commissioner or failure to inspect school buses, Head 
  3.5   Start buses, or both, in accordance with inspection procedures 
  3.6   established by the state patrol.  The commissioner shall revoke 
  3.7   a certificate issued under paragraph (b) if the commissioner 
  3.8   determines after notice and an opportunity for a hearing that 
  3.9   the certified person issued an inspection decal for a school bus 
  3.10  or Head Start bus when the person knew or reasonably should have 
  3.11  known that the vehicle was in such a state of repair that it 
  3.12  would have been declared out of service if inspected by an 
  3.13  employee of the state patrol.  Suspension and revocation of 
  3.14  certificates under this subdivision are not subject to sections 
  3.15  14.57 to 14.69. 
  3.16     Subd. 1b.  [INSPECTION REPORT.] (a) A person performing an 
  3.17  inspection under this section shall issue an inspection report 
  3.18  to the owner of the school bus or Head Start bus inspected.  The 
  3.19  report must include: 
  3.20     (1) the full name of the person performing the inspection, 
  3.21  and the person's inspector certification number; 
  3.22     (2) the name of the owner of the vehicle; 
  3.23     (3) the vehicle identification number and, if applicable, 
  3.24  the license plate number of the vehicle; 
  3.25     (4) the date and location of the inspection; 
  3.26     (5) the vehicle components inspected and a description of 
  3.27  the findings of the inspection; and 
  3.28     (6) the inspector's certification that the inspection was 
  3.29  complete, accurate, and in compliance with the requirements of 
  3.30  this section. 
  3.31     (b) The owner must retain a copy of the inspection report 
  3.32  for at least 14 months at a location in the state where the 
  3.33  vehicle is domiciled or maintained.  The inspector must maintain 
  3.34  a copy of the inspection report for a period of 14 months 
  3.35  following the inspection in a location in the state where the 
  3.36  inspector conducts business.  During this period the report must 
  4.1   be available for inspection by an authorized federal, state, or 
  4.2   local official. 
  4.3      (c) The commissioner shall prescribe the form of the 
  4.4   inspection report and revise it as necessary to comply with 
  4.5   state and federal law and regulations.  The adoption of the 
  4.6   report form is not subject to the Administrative Procedure Act. 
  4.7      Subd. 2.  [INSPECTION CERTIFICATE DECAL.] No person shall 
  4.8   drive, or no owner shall knowingly permit or cause to be driven, 
  4.9   any school bus or Head Start bus unless there is displayed 
  4.10  thereon a certificate decal issued by the commissioner of public 
  4.11  safety stating that on a certain date, which shall be within 13 
  4.12  months of the date of operation, a member of the Minnesota state 
  4.13  patrol inspected the bus was inspected under subdivision 1a and 
  4.14  found that on the date of inspection the bus complied with the 
  4.15  applicable provisions of state law relating to construction, 
  4.16  design, equipment, and color. 
  4.17     Subd. 3.  [RULES OF COMMISSIONER.] (a) The commissioner of 
  4.18  public safety shall provide by rule for the issuance and display 
  4.19  of distinctive inspection certificates decals. 
  4.20     (b) The commissioner of public safety shall provide by rule 
  4.21  a point system for evaluating the effect on safety operation of 
  4.22  any variance from law detected during inspections conducted 
  4.23  pursuant to subdivision subdivisions 1, 1a, and 1b. 
  4.24     Subd. 4.  [VIOLATION; PENALTY.] The state patrol shall 
  4.25  enforce subdivision 2.  A violation of subdivision 2 is a 
  4.26  misdemeanor. 
  4.27     Subd. 5.  [RANDOM SPOT INSPECTION.] In addition to the 
  4.28  annual inspection, The Minnesota state patrol has authority to 
  4.29  conduct random, unannounced spot inspections of any school bus 
  4.30  or Head Start bus being operated within the state to ascertain 
  4.31  whether it is in compliance with provisions of law, including 
  4.32  the Minnesota school bus equipment standards in sections 
  4.33  169.4501 to 169.4504, subject to the procedures approved by the 
  4.34  commissioner.