HF 1628

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 most motor 
  1.3             carriers; making technical changes; providing for fees 
  1.4             and penalties; amending Minnesota Statutes 1994, 
  1.5             sections 168.013, subdivision 1e; 174A.02, subdivision 
  1.6             4; 174A.06; 221.011, subdivisions 7, 8, 9, 14, 15, 16, 
  1.7             23, 26, 37, and by adding subdivisions; 221.021; 
  1.8             221.022; 221.025; 221.041; 221.051; 221.061; 221.071; 
  1.9             221.081; 221.111; 221.121, subdivisions 1, 3, and 4; 
  1.10            221.122, subdivision 1; 221.124, subdivision 2; 
  1.11            221.131, subdivisions 2 and 3; 221.132; 221.141, 
  1.12            subdivision 1; 221.151, subdivisions 1 and 2; 221.161, 
  1.13            subdivisions 1 and 4; 221.172, subdivision 3; 221.185, 
  1.14            subdivisions 1, 2, 4, 5a, and 9; 221.251, subdivision 
  1.15            1; 221.281; and 221.291, subdivisions 4 and 5; 
  1.16            proposing coding for new law in Minnesota Statutes, 
  1.17            chapter 221; repealing Minnesota Statutes 1994, 
  1.18            sections 221.011, subdivisions 10, 12, 24, 25, 28, 35, 
  1.19            36, 38, 39, 40, 41, 44, 45, and 46; 221.072; 221.101; 
  1.20            221.121, subdivisions 5, 6, 6c, 6d, 6e, 6f, and 6g; 
  1.21            221.131, subdivisions 6 and 7; 221.141, subdivision 6; 
  1.22            221.151, subdivision 3; 221.152; 221.153; 221.172, 
  1.23            subdivisions 4, 5, 6, 7, and 8; and 221.296. 
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25                             ARTICLE 1
  1.26                      MOTOR CARRIER AMENDMENTS
  1.27     Section 1.  Minnesota Statutes 1994, section 174A.02, 
  1.28  subdivision 4, is amended to read: 
  1.29     Subd. 4.  [HEARINGS; NOTICE.] With respect to those matters 
  1.30  within its jurisdiction the board shall receive, hear and 
  1.31  determine all petitions filed with it in accordance with the 
  1.32  procedures established by law and may hold hearings and make 
  1.33  determinations upon its own motion to the same extent, and in 
  1.34  every instance, in which it may do so upon petition.  Upon 
  2.1   receiving petitions filed pursuant to sections 221.061, 221.081, 
  2.2   221.121, subdivision 1, 221.151, 221.296 221.297, and 221.55, 
  2.3   the board shall give notice of the filing of the petition to 
  2.4   representatives of associations or other interested groups or 
  2.5   persons who have registered their names with the board for that 
  2.6   purpose and to whomever the board deems to be interested in the 
  2.7   petition.  The board may grant or deny the request of the 
  2.8   petition, filed pursuant to sections 221.061, 221.081, 221.121, 
  2.9   subdivision 1, 221.151, and 221.55, 30 days after notice of the 
  2.10  filing has been fully given.  The board may grant or deny the 
  2.11  request of the petition filed, pursuant to section 221.297, 20 
  2.12  days after notice of the filing has been fully given.  If the 
  2.13  board receives a written objection and notice of intent to 
  2.14  appear at a hearing to object to the a petition filed pursuant 
  2.15  to sections 221.061, 221.081, 221.121, subdivision 1, 221.151, 
  2.16  and 221.55, from any person within 20 days of the notice having 
  2.17  been fully given, or within ten days for a petition filed 
  2.18  pursuant to section 221.297, the request of the petition shall 
  2.19  be granted or denied only after a contested case hearing has 
  2.20  been conducted on the petition, unless the objection is 
  2.21  withdrawn prior to the hearing.  The board may elect to hold a 
  2.22  contested case hearing if no objections to the petition are 
  2.23  received.  If a timely objection is not received, or if received 
  2.24  and withdrawn, and the request of the petition is denied without 
  2.25  hearing, the petitioner may request within 30 days of receiving 
  2.26  the notice of denial, and shall be granted, a contested case 
  2.27  hearing on the petition.  For purposes of this subdivision, 
  2.28  "received" means the date postmarked. 
  2.29     Sec. 2.  Minnesota Statutes 1994, section 221.011, 
  2.30  subdivision 7, is amended to read: 
  2.31     Subd. 7.  [CERTIFICATE.] "Certificate" means the 
  2.32  certificate of public convenience and necessity issued under 
  2.33  section 221.071 to a regular route common carrier of passengers, 
  2.34  a class I motor carrier, or a petroleum carrier. 
  2.35     Sec. 3.  Minnesota Statutes 1994, section 221.011, 
  2.36  subdivision 8, is amended to read: 
  3.1      Subd. 8.  [PERMIT.] "Permit" means the license, or 
  3.2   franchise, which may be issued to motor carriers other than 
  3.3   regular route common carriers of passengers, class I common 
  3.4   carriers, and petroleum for-hire motor carriers of property, and 
  3.5   licensed carriers, under the provisions of this chapter, 
  3.6   authorizing the use of the highways of Minnesota for 
  3.7   transportation for hire.  
  3.8      Sec. 4.  Minnesota Statutes 1994, section 221.011, 
  3.9   subdivision 9, is amended to read: 
  3.10     Subd. 9.  [REGULAR ROUTE COMMON CARRIER OF PASSENGERS.] 
  3.11  "Regular route common carrier of passengers" means a person who 
  3.12  holds out to the public as willing, for hire, to transport 
  3.13  passengers by motor vehicle between fixed termini over a regular 
  3.14  route upon the public highways. 
  3.15     Sec. 5.  Minnesota Statutes 1994, section 221.011, 
  3.16  subdivision 14, is amended to read: 
  3.17     Subd. 14.  [PERMIT CARRIER.] "Permit carrier" means a motor 
  3.18  carrier embraced within this chapter other than regular route 
  3.19  common carriers of passengers, class I carriers, and 
  3.20  petroleum private, certificated, and licensed carriers. 
  3.21     Sec. 6.  Minnesota Statutes 1994, section 221.011, 
  3.22  subdivision 15, is amended to read: 
  3.23     Subd. 15.  [MOTOR CARRIER.] "Motor carrier" means a carrier 
  3.24  operating person providing motor vehicle transportation of 
  3.25  passengers or property for hire under the authority of this 
  3.26  chapter and subject to the rules and orders of the commissioner 
  3.27  and the board.  
  3.28     Sec. 7.  Minnesota Statutes 1994, section 221.011, 
  3.29  subdivision 16, is amended to read: 
  3.30     Subd. 16.  [FOR HIRE.] "For hire" means for remuneration or 
  3.31  compensation of any kind promised, paid, or given to or received 
  3.32  by a person for the transportation of persons or property on the 
  3.33  highways, and includes compensation obtained by a motor carrier 
  3.34  indirectly, by subtraction from the purchase price or addition 
  3.35  to the selling price of property transported, when the purchase 
  3.36  or sale of the property is not a bona fide purchase or sale.  
  4.1   The transportation of property by a person who purchases it 
  4.2   immediately before transporting it, and sells it immediately 
  4.3   after transporting it, is transportation for hire.  The lease or 
  4.4   rental of a motor vehicle to a person for transportation of the 
  4.5   person's property is transportation for hire and not private 
  4.6   carriage when the lessor, directly or indirectly, serves as 
  4.7   driver or obtains or arranges for a driver under the terms of 
  4.8   the motor vehicle lease.  For hire does not include includes 
  4.9   motor vehicle operations conducted by a private carrier when the 
  4.10  operations include the transportation of property or passengers 
  4.11  for remuneration or compensation, other than when the private 
  4.12  carrier is the owner, lessee, or bailee of the property being 
  4.13  transported. 
  4.14     Sec. 8.  Minnesota Statutes 1994, section 221.011, 
  4.15  subdivision 23, is amended to read: 
  4.16     Subd. 23.  [HOUSEHOLD GOODS.] (a) Except as provided in 
  4.17  paragraph (b), "household goods" means:  
  4.18     (1) personal effects and property used or to be used by the 
  4.19  owner in the owner's a dwelling; furniture, fixtures, equipment 
  4.20  and property of business places and institutions, public or 
  4.21  private, when a part of the stock, equipment, supplies or 
  4.22  property of such establishments. as a part of the equipment or 
  4.23  supply of the dwelling; 
  4.24     (2) furniture, fixtures, equipment, and other property of 
  4.25  stores, offices, museums, institutions, hospitals, or other 
  4.26  establishments; 
  4.27     (3) art objects, displays, exhibits, and other articles 
  4.28  that because of their unusual nature or value require the 
  4.29  specialized handling and equipment usually employed in moving 
  4.30  household goods; and 
  4.31     (4) other property and articles similar to that described 
  4.32  in clauses (1) to (3) that the board may describe by rule. 
  4.33     (b) The term "household goods" does not include: 
  4.34     (1) property moving from a factory or store, except when 
  4.35  (i) the property is purchased by a householder who intends to 
  4.36  use it in a dwelling pursuant to paragraph (a), clause (1), (ii) 
  5.1   the property is transported at the request of the householder, 
  5.2   and (iii) the transportation charges to transport the property 
  5.3   are paid to the carrier by the householder; 
  5.4      (2) the stock in trade of any establishment described in 
  5.5   paragraph (a), clause (2), whether consignor or consignee, other 
  5.6   than used furniture and used fixtures, except when moving all or 
  5.7   part of the establishment from one location to another; or 
  5.8      (3) any article, whether crated or uncrated, that does not, 
  5.9   because of its unusual nature or value, require the specialized 
  5.10  handling and equipment usually employed in moving household 
  5.11  goods. 
  5.12     Sec. 9.  Minnesota Statutes 1994, section 221.011, 
  5.13  subdivision 26, is amended to read: 
  5.14     Subd. 26.  [PRIVATE CARRIER.] "Private carrier" means a 
  5.15  person engaged in the transportation of property or passengers 
  5.16  by motor vehicle when:  
  5.17     (a) the person transporting the property or passengers is 
  5.18  engaged in a business other than transportation; and 
  5.19     (b) the transportation is within the scope of and furthers 
  5.20  a primary business, other than transportation, of that person.  
  5.21     "Private carrier" does not include a person while engaged 
  5.22  in for-hire transportation described in section 221.025.  
  5.23     Sec. 10.  Minnesota Statutes 1994, section 221.011, 
  5.24  subdivision 37, is amended to read: 
  5.25     Subd. 37.  [CERTIFICATED CARRIER.] "Certificated carrier" 
  5.26  means a motor carrier holding a certificate of public 
  5.27  convenience and necessity issued under section 221.071. 
  5.28     Sec. 11.  Minnesota Statutes 1994, section 221.011, is 
  5.29  amended by adding a subdivision to read: 
  5.30     Subd. 47.  [FOR-HIRE MOTOR CARRIER OF PROPERTY.] "For-hire 
  5.31  motor carrier of property" means a motor carrier or private 
  5.32  carrier that transports property, other than household goods, or 
  5.33  holds out to the public to provide transportation for hire of 
  5.34  property, other than household goods, by motor vehicle over the 
  5.35  public highways. 
  5.36     Sec. 12.  Minnesota Statutes 1994, section 221.011, is 
  6.1   amended by adding a subdivision to read: 
  6.2      Subd. 48.  [LICENSED CARRIER.] "Licensed carrier" means a 
  6.3   motor carrier holding a building mover's license issued under 
  6.4   section 221.81. 
  6.5      Sec. 13.  Minnesota Statutes 1994, section 221.011, is 
  6.6   amended by adding a subdivision to read: 
  6.7      Subd. 49.  [LIMOUSINE CARRIER.] "Limousine carrier" means a 
  6.8   motor carrier holding a limousine permit issued under section 
  6.9   221.84. 
  6.10     Sec. 14.  Minnesota Statutes 1994, section 221.011, is 
  6.11  amended by adding a subdivision to read: 
  6.12     Subd. 50.  [OPERATING AUTHORITY.] "Operating authority" 
  6.13  means the certificate of safety compliance, certificate, permit, 
  6.14  license, or other credential issued by the commissioner or the 
  6.15  board that authorizes the transportation of property or 
  6.16  passengers under this chapter. 
  6.17     Sec. 15.  Minnesota Statutes 1994, section 221.011, is 
  6.18  amended by adding a subdivision to read: 
  6.19     Subd. 51.  [PERSONAL TRANSPORTATION SERVICE 
  6.20  CARRIER.] "Personal transportation service carrier" means a 
  6.21  motor carrier holding a personal transportation service permit 
  6.22  issued under section 221.85. 
  6.23     Sec. 16.  Minnesota Statutes 1994, section 221.021, is 
  6.24  amended to read: 
  6.25     221.021 [OPERATION CERTIFICATE, LICENSE, OR PERMIT 
  6.26  REQUIRED.] 
  6.27     No person may operate as a motor carrier or advertise or 
  6.28  otherwise hold out as a motor carrier without a certificate or, 
  6.29  permit, building mover's license, or certificate of safety 
  6.30  compliance in effect.  A certificate or, permit, license, or 
  6.31  certificate of safety compliance may be suspended or revoked 
  6.32  upon conviction of violating a provision of sections 221.011 
  6.33  to 221.296 221.85 or an order or rule of the commissioner or 
  6.34  board governing the operation of motor carriers, and upon a 
  6.35  finding by the court that the violation was willful.  The board 
  6.36  may, for good cause after a hearing, suspend or revoke a 
  7.1   certificate or permit for a violation of a provision of sections 
  7.2   221.011 to 221.296 221.85 or an order issued or rule adopted by 
  7.3   the commissioner or board under this chapter.  
  7.4      Sec. 17.  Minnesota Statutes 1994, section 221.025, is 
  7.5   amended to read: 
  7.6      221.025 [EXEMPTIONS.] 
  7.7      The provisions of this chapter requiring a certificate or, 
  7.8   permit, or certificate of safety compliance to operate as a 
  7.9   motor carrier do not apply to the intrastate transportation 
  7.10  described below:  
  7.11     (a) the transportation of students to or from school or 
  7.12  school activities in a school bus inspected and certified under 
  7.13  section 169.451 and the transportation of children or parents to 
  7.14  or from a Head Start facility or Head Start activity in a Head 
  7.15  Start bus inspected and certified under section 169.451; 
  7.16     (b) the transportation of solid waste, as defined in 
  7.17  section 116.06, subdivision 22, including recyclable materials 
  7.18  and waste tires, except that the term "hazardous waste" has the 
  7.19  meaning given it in section 221.011, subdivision 31; 
  7.20     (c) a commuter van as defined in section 221.011, 
  7.21  subdivision 27; 
  7.22     (d) authorized emergency vehicles as defined in section 
  7.23  169.01, subdivision 5, including ambulances; and tow trucks 
  7.24  equipped with proper and legal warning devices when picking up 
  7.25  and transporting (1) disabled or wrecked motor vehicles or (2) 
  7.26  vehicles towed or transported under a towing order issued by a 
  7.27  public employee authorized to issue a towing order; 
  7.28     (e) the transportation of grain samples under conditions 
  7.29  prescribed by the board; 
  7.30     (f) the delivery of agricultural lime; 
  7.31     (g) the transportation of dirt and sod within an area 
  7.32  having a 50-mile radius from the home post office of the person 
  7.33  performing the transportation; 
  7.34     (h) the transportation of sand, gravel, bituminous asphalt 
  7.35  mix, concrete ready mix, concrete blocks or tile and the mortar 
  7.36  mix to be used with the concrete blocks or tile, or crushed rock 
  8.1   to or from the point of loading or a place of gathering within 
  8.2   an area having a 50-mile radius from that person's home post 
  8.3   office or a 50-mile radius from the site of construction or 
  8.4   maintenance of public roads and streets; 
  8.5      (i) the transportation of pulpwood, cordwood, mining 
  8.6   timber, poles, posts, decorator evergreens, wood chips, sawdust, 
  8.7   shavings, and bark from the place where the products are 
  8.8   produced to the point where they are to be used or shipped; 
  8.9      (j) (i) the transportation of fresh vegetables from farms 
  8.10  to canneries or viner stations, from viner stations to 
  8.11  canneries, or from canneries to canneries during the harvesting, 
  8.12  canning, or packing season, or transporting sugar beets, wild 
  8.13  rice, or rutabagas from the field of production to the first 
  8.14  place of delivery or unloading, including a processing plant, 
  8.15  warehouse, or railroad siding; 
  8.16     (k) the transportation of property or freight, other than 
  8.17  household goods and petroleum products in bulk, entirely within 
  8.18  the corporate limits of a city or between contiguous cities 
  8.19  except as provided in section 221.296; 
  8.20     (l) (j) the transportation of unprocessed dairy products in 
  8.21  bulk within an area having a 100-mile radius from the home post 
  8.22  office of the person providing the transportation; 
  8.23     (m) (k) the transportation of agricultural, horticultural, 
  8.24  dairy, livestock, or other farm products within an area having a 
  8.25  25-mile radius from the person's home post office and the 
  8.26  carrier may transport other commodities within the 25-mile 
  8.27  radius if the destination of each haul is a farm; 
  8.28     (n) (l) passenger transportation service that is not 
  8.29  charter service and that is under contract to and with operating 
  8.30  assistance from the department or the metropolitan council; 
  8.31     (o) (m) the transportation of newspapers, as defined in 
  8.32  section 331A.01, subdivision 5, telephone books, handbills, 
  8.33  circulars, or pamphlets in a vehicle with a gross vehicle weight 
  8.34  of 10,000 pounds or less; and 
  8.35     (p) (n) transportation of potatoes from the field of 
  8.36  production, or a storage site owned or otherwise controlled by 
  9.1   the producer, to the first place of processing. 
  9.2      The exemptions provided in this section apply to a person 
  9.3   only while the person is exclusively engaged in exempt 
  9.4   transportation. 
  9.5      Sec. 18.  Minnesota Statutes 1994, section 221.041, is 
  9.6   amended to read: 
  9.7      221.041 [RATE-MAKING POWERS; PASSENGER CARRIERS.] 
  9.8      Subdivision 1.  [CONSIDERATIONS; PROCEDURES.] The board 
  9.9   shall fix and establish just, reasonable, and nondiscriminatory 
  9.10  rates, fares, charges, and the rules and classifications 
  9.11  incident to tariffs for certificated regular route common 
  9.12  carriers of passengers.  In prescribing rates, fares, charges, 
  9.13  classifications, and rules for the carrying of freight, persons, 
  9.14  or property, the board shall take into consideration the effect 
  9.15  of the proposed rates or fares upon the users of the service and 
  9.16  upon competitive carriers by motor vehicle and rail and, insofar 
  9.17  as possible, avoid rates and fares which will result in 
  9.18  unreasonable and destructive competition.  In making its 
  9.19  determination, the board shall consider, among other things, the 
  9.20  cost of the service rendered by the carrier, including an 
  9.21  adequate sum for maintenance and depreciation, and an adequate 
  9.22  operating ratio under honest, economical, and efficient 
  9.23  management.  No rate or fares may be put into effect or changed 
  9.24  or altered except upon hearing duly had and an order therefor by 
  9.25  the board, or except as herein otherwise provided.  The board 
  9.26  may authorize rate changes ex parte which, in its opinion, are 
  9.27  not of sufficient import to require a hearing.  In an emergency, 
  9.28  the board may order a change in existing rates or fares without 
  9.29  a hearing.  In instances of ex parte or emergency orders, the 
  9.30  board shall, within five days, serve a copy of its order 
  9.31  granting the change in rates upon parties which the board deems 
  9.32  interested in the matter, including competing carriers.  An 
  9.33  interested party shall have 30 days from the date of the 
  9.34  issuance of the order to object to the order.  If objection is 
  9.35  made, the board shall determine whether a hearing is necessary 
  9.36  for resolution of the material issues relating to the proposed 
 10.1   change in rates.  On finding that a hearing is unnecessary for 
 10.2   this purpose, the board, no sooner than 30 days after issuing 
 10.3   its initial order granting the change in rates, may enter an 
 10.4   order finally disposing of the rate change application.  On 
 10.5   determining otherwise, the board may take final action on the 
 10.6   rate change application and the objections to it only after a 
 10.7   contested case hearing has been conducted under chapter 14. 
 10.8      Subd. 2.  [FILING.] A certificated regular route common 
 10.9   carrier of passengers, upon approval by the board of its rates, 
 10.10  fares, charges, and rules and classifications incident to 
 10.11  tariffs shall file its rates, fares, charges, and tariffs with 
 10.12  the commissioner.  Filings must be prepared and filed in the 
 10.13  manner prescribed by the commissioner.  The commissioner may not 
 10.14  accept for filing rates, fares, charges, and tariffs which have 
 10.15  not been approved by the board.  
 10.16     Subd. 3.  [PROHIBITIONS; AND COMPENSATION AND TIME 
 10.17  SCHEDULES.] No certificated regular route common carrier of 
 10.18  passengers may charge or receive a greater or less or different 
 10.19  compensation for the transportation of passengers or property or 
 10.20  for service in connection therewith than the rates, fares, and 
 10.21  charges and the rules and classifications governing the same 
 10.22  which have been duly approved therefor by order of the board.  A 
 10.23  certificated regular route common carrier of passengers may not 
 10.24  refund or remit in any manner or by any device a portion of 
 10.25  those rates, fares, and charges required to be collected under 
 10.26  the board's order; nor extend to a shipper or any person a 
 10.27  privilege or facilities in connection with the transportation of 
 10.28  passengers or property except as are authorized under the order 
 10.29  of the board.  No passenger-carrying regular route common 
 10.30  carrier may alter or change its time schedules except upon order 
 10.31  of the board.  The order may be issued ex parte unless the board 
 10.32  decides that the public interest requires that a hearing be held.
 10.33     Subd. 4.  [NONAPPLICABILITY.] This section does not apply 
 10.34  to any regular route passenger transportation being performed 
 10.35  with operating assistance provided by the metropolitan council. 
 10.36     Sec. 19.  Minnesota Statutes 1994, section 221.051, is 
 11.1   amended to read: 
 11.2      221.051 [REGULAR ROUTE PASSENGER CARRIERS.] 
 11.3      Subdivision 1.  [ABANDONMENT OR DISCONTINUANCE OF SERVICE.] 
 11.4   No regular route common carrier of passengers or class I carrier 
 11.5   may abandon or discontinue any service required under its 
 11.6   certificate without an order of the board therefor, except in 
 11.7   cases of emergency or conditions beyond its control. 
 11.8      Subd. 1a.  [TIME SCHEDULES.] No regular route common 
 11.9   carrier of passengers may alter or change its time schedules 
 11.10  except upon order of the board.  The order may be issued ex 
 11.11  parte unless the board decides that the public interest requires 
 11.12  that a hearing be held. 
 11.13     Subd. 2.  [INCIDENTAL CHARTER AUTHORITY.] Notwithstanding 
 11.14  any other law, a regular route common carrier of passengers that 
 11.15  was granted incidental charter operating authority by the board 
 11.16  before August 1, 1993, may continue to exercise that authority. 
 11.17     Sec. 20.  [221.052] [INTERSTATE PASSENGER CARRIERS ENGAGED 
 11.18  IN INTRASTATE TRANSPORTATION OVER INTERSTATE ROUTES.] 
 11.19     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 11.20  "interstate passenger carrier" means an interstate motor common 
 11.21  carrier of passengers that performs intrastate transportation of 
 11.22  passengers over a route authorized by the Interstate Commerce 
 11.23  Commission pursuant to United States Code, title 49, section 
 11.24  10922, subsection (c), paragraph (2). 
 11.25     Subd. 2.  [FILINGS.] (a) Not later than 30 days after the 
 11.26  date on which an interstate passenger carrier first begins 
 11.27  providing intrastate transportation, the carrier shall (1) file 
 11.28  a copy of the authority granted by the Interstate Commerce 
 11.29  Commission with the board and (2) file its rates, fares, 
 11.30  charges, time schedules, and tariffs with the commissioner. 
 11.31     (b) Interstate passenger carriers shall file subsequent 
 11.32  amendments to its rates, fares, charges, time schedules, and 
 11.33  tariffs with the commissioner before the effective date of the 
 11.34  amendments. 
 11.35     Subd. 3.  [REGISTRATION.] An interstate passenger carrier 
 11.36  shall register as provided in section 221.602. 
 12.1      Subd. 4.  [CHANGES IN TIME SCHEDULES.] An interstate 
 12.2   passenger carrier shall give the board notice of any time 
 12.3   schedule changes involving intrastate service.  The notice must 
 12.4   be provided not less than 30 days before the effective date of 
 12.5   the time schedule change unless the period of time is reduced by 
 12.6   special permission of the board. 
 12.7      Subd. 5.  [ABANDONMENT, DISCONTINUANCE, OR REDUCTION OF 
 12.8   SERVICE.] No interstate passenger carrier may abandon or 
 12.9   discontinue any service, or reduce its level of service to a 
 12.10  level that is less than one trip per day, excluding Saturdays 
 12.11  and Sundays, without an order of the board, except in cases of 
 12.12  emergency or conditions beyond its control. 
 12.13     Sec. 21.  Minnesota Statutes 1994, section 221.061, is 
 12.14  amended to read: 
 12.15     221.061 [PETITION FOR CERTIFICATE; FEE; HEARING.] 
 12.16     A person desiring a certificate authorizing operation as a 
 12.17  regular route common carrier of passengers, a class I carrier, 
 12.18  or petroleum carrier, or an extension of or amendment to that 
 12.19  certificate, shall file a petition with the commissioner which 
 12.20  must contain information as the board and commissioner, by rule 
 12.21  may prescribe. 
 12.22     Upon the filing of a petition for a certificate, the 
 12.23  petitioner shall pay to the commissioner as a fee for issuing 
 12.24  the certificate the sum of $300 and for a transfer or lease of 
 12.25  the certificate the sum of $300. 
 12.26     The petition must be processed as any other petition.  The 
 12.27  board shall cause a copy and a notice of hearing thereon to be 
 12.28  served upon a competing carrier operating into a city located on 
 12.29  the proposed route of the petitioner and to other persons or 
 12.30  bodies politic which the board deems interested in the 
 12.31  petition.  A competing carrier and other persons or bodies 
 12.32  politic are hereby declared to be interested parties to the 
 12.33  proceedings. 
 12.34     If, during the hearing, an amendment to the petition is 
 12.35  proposed which appears to be in the public interest, the board 
 12.36  may allow it when the issues and the territory are not unduly 
 13.1   broadened by the amendment. 
 13.2      Sec. 22.  Minnesota Statutes 1994, section 221.071, is 
 13.3   amended to read: 
 13.4      221.071 [ISSUANCE OF CERTIFICATE; VEHICLE REGISTRATION.] 
 13.5      Subdivision 1.  [CONSIDERATIONS; TEMPORARY CERTIFICATES; 
 13.6   AMENDING.] If the board finds from the evidence that the 
 13.7   petitioner is fit and able to properly perform the services 
 13.8   proposed and that public convenience and necessity require the 
 13.9   granting of the petition or a part of the petition, it shall 
 13.10  issue a certificate of public convenience and necessity to the 
 13.11  petitioner.  In determining whether a certificate should be 
 13.12  issued, the board shall give primary consideration to the 
 13.13  interests of the public that might be affected, to the 
 13.14  transportation service being furnished by a railroad which may 
 13.15  be affected by the granting of the certificate, and to the 
 13.16  effect which the granting of the certificate will have upon 
 13.17  other transportation service essential to the communities which 
 13.18  might be affected by the granting of the certificate.  The board 
 13.19  may issue a certificate as applied for or issue it for a part 
 13.20  only of the authority sought and may attach to the authority 
 13.21  granted terms and conditions as in its judgment public 
 13.22  convenience and necessity may require.  If the petitioner is 
 13.23  seeking authority to operate regular route transit service 
 13.24  wholly within the seven-county metropolitan area with operating 
 13.25  assistance provided by the metropolitan council, the board shall 
 13.26  consider only whether the petitioner is fit and able to perform 
 13.27  the proposed service.  The operating authority granted to such a 
 13.28  petitioner must be the operating authority for which the 
 13.29  petitioner is receiving operating assistance from the 
 13.30  metropolitan council.  A carrier receiving operating assistance 
 13.31  from the metropolitan council may amend the certificate to 
 13.32  provide for additional routes by filing a copy of the amendment 
 13.33  with the board, and approval of the amendment by the board is 
 13.34  not required if the additional service is provided with 
 13.35  operating assistance from the metropolitan council.  
 13.36     The board may grant a temporary certificate, ex parte, 
 14.1   valid for a period not exceeding 180 days, upon a showing that 
 14.2   no regular route common carrier or petroleum carrier of 
 14.3   passengers is then authorized to serve on the route sought, that 
 14.4   no other petition is on file with the board covering the route, 
 14.5   and that a need for the proposed service exists. 
 14.6      A certificate may be amended by the board on ex parte 
 14.7   petition and payment of a $25 fee to the commissioner, to grant 
 14.8   an additional or alternate route if there is no other means of 
 14.9   transportation over the proposed additional route or between its 
 14.10  termini, and the proposed additional route does not exceed ten 
 14.11  miles in length. 
 14.12     Subd. 2.  [VEHICLE REGISTRATION.] Certificate Regular route 
 14.13  common carriers of passengers shall annually register each 
 14.14  vehicle as provided in section 221.131, subdivision 3. 
 14.15     Sec. 23.  Minnesota Statutes 1994, section 221.081, is 
 14.16  amended to read: 
 14.17     221.081 [SALE OR LEASE OF CERTIFICATE.] 
 14.18     Certificates authorizing operations as a regular route 
 14.19  common carrier or as a petroleum carrier of passengers may be 
 14.20  sold or leased but only upon order of the board approving the 
 14.21  same.  The proposed seller and buyer or lessor and lessee of a 
 14.22  certificate shall file a joint petition with the commissioner, 
 14.23  setting forth the names and addresses of the parties, the 
 14.24  identifying number of the certificate and the description of the 
 14.25  authority which the parties seek to sell or lease, a short 
 14.26  statement of the reasons for the proposed sale or lease, a short 
 14.27  statement of the buyer or lessee's present operating authority, 
 14.28  if any, a statement of all outstanding claims of creditors which 
 14.29  are directly attributable to the operations conducted under said 
 14.30  certificate, a copy of the contract of sale or lease and a 
 14.31  financial statement with balance sheet and income statement, if 
 14.32  existent, of the buyer.  If it appears to the board from the 
 14.33  contents of the petition and from the department's records, 
 14.34  files and investigation of the petition that the approval of the 
 14.35  sale or lease of the certificate will not adversely affect the 
 14.36  rights of the users of the service and will not have an adverse 
 15.1   effect on any other motor carrier, the board may make an ex 
 15.2   parte order granting the same.  When the proposed sale or lease 
 15.3   is between persons who are direct competitors to a material 
 15.4   degree, the petition shall be set down for hearing with notice 
 15.5   to the communities which may be affected by the proposed merger 
 15.6   and to any other persons the board or department deems to be 
 15.7   interested parties. 
 15.8      If an authority to operate as a regular route common 
 15.9   carrier of passengers is held by a corporation, a sale, 
 15.10  assignment, pledge, or other transfer of the stock interest in 
 15.11  the corporation that will accomplish a substantial or material 
 15.12  change or transfer of the majority ownership of the corporation, 
 15.13  as exercised through its stockholders, must be reported in the 
 15.14  manner prescribed in the rules of the board within 30 days after 
 15.15  the sale, assignment, pledge, or other transfer of stock.  The 
 15.16  board shall then make a finding of whether the stock transfer 
 15.17  does, in fact, constitute a sale, lease, or other transfer of 
 15.18  the certificate of the corporation to a new party or parties 
 15.19  and, if it so finds, then the continuance of the certificate 
 15.20  issued to the corporation may only be upon the corporation's 
 15.21  complying with the standards and procedures otherwise imposed by 
 15.22  this section. 
 15.23     Sec. 24.  Minnesota Statutes 1994, section 221.111, is 
 15.24  amended to read: 
 15.25     221.111 [PERMITS TO OTHER MOTOR CARRIERS.] 
 15.26     Motor carriers, other than certificated carriers and local 
 15.27  cartage for-hire motor carriers of property, regular route 
 15.28  common carriers of passengers, licensed carriers, personal 
 15.29  transportation service carriers, and limousine carriers, shall 
 15.30  obtain a permit in accordance with section 221.121.  The board 
 15.31  shall issue only the following kinds of permits: 
 15.32     (1) class II-T permits; 
 15.33     (2) class II-L permits; 
 15.34     (3) livestock carrier permits; 
 15.35     (4) contract carrier permits; 
 15.36     (5) charter carrier permits; and 
 16.1      (6) courier service carrier permits; 
 16.2      (7) local cartage carrier permits; 
 16.3      (8) (2) household goods mover permits; 
 16.4      (9) temperature-controlled commodities permits; and 
 16.5      (10) armored carrier permits. 
 16.6      Sec. 25.  Minnesota Statutes 1994, section 221.121, 
 16.7   subdivision 1, is amended to read: 
 16.8      Subdivision 1.  [PETITION; NOTICE AND HEARING; SCOPE.] (a) 
 16.9   A person desiring to operate as a permit carrier, except as 
 16.10  provided in subdivision 5 or section 221.296, shall file a 
 16.11  petition with the commissioner specifying the kind of permit 
 16.12  desired, the name and address of the petitioner and the names 
 16.13  and addresses of the officers, if a corporation, and other 
 16.14  information as the board and commissioner may require.  Letters 
 16.15  of shipper support must be filed with the petition.  No person 
 16.16  shall knowingly make a false or misleading statement in a 
 16.17  petition.  
 16.18     (b) The board, after notice to interested parties and a 
 16.19  hearing, shall issue the permit upon compliance with the laws 
 16.20  and rules relating to it, if it finds that petitioner is fit and 
 16.21  able to conduct the proposed operations, that petitioner's 
 16.22  vehicles meet the safety standards established by the 
 16.23  department, that the area to be served has a need for the 
 16.24  transportation services requested in the petition, and that 
 16.25  existing permit carriers and certificated regular route common 
 16.26  carriers of passengers in the area to be served have failed to 
 16.27  demonstrate that they offer sufficient transportation services 
 16.28  to meet fully and adequately those needs, provided that no 
 16.29  person who holds a permit at the time sections 221.011 to 
 16.30  221.291 take effect may be denied a renewal of the permit upon 
 16.31  compliance with other provisions of sections 221.011 to 221.291. 
 16.32     (c) A permit once granted continues in full force and 
 16.33  effect until abandoned or unless suspended or revoked, subject 
 16.34  to compliance by the permit holder with the applicable 
 16.35  provisions of law and the rules of the commissioner or board 
 16.36  governing permit carriers.  
 17.1      (d) No permit may be issued to a common carrier by rail 
 17.2   permitting the common carrier to operate trucks for hire within 
 17.3   this state, nor may a common carrier by rail be permitted to 
 17.4   own, lease, operate, control, or have an interest in a permit 
 17.5   carrier by truck, either by stock ownership or otherwise, 
 17.6   directly, indirectly, through a holding company, or by 
 17.7   stockholders or directors in common, or in any other manner.  
 17.8   Nothing in sections 221.011 to 221.291 prevents the board from 
 17.9   issuing a permit to a common carrier by rail authorizing the 
 17.10  carrier to operate trucks wholly within the limits of a 
 17.11  municipality or within adjacent or contiguous municipalities or 
 17.12  a common rate point served by the railroad and only as a service 
 17.13  supplementary to the rail service now established by the 
 17.14  carriers. 
 17.15     Sec. 26.  Minnesota Statutes 1994, section 221.121, 
 17.16  subdivision 3, is amended to read: 
 17.17     Subd. 3.  [COOPERATIVE ASSOCIATIONS.] The board may issue a 
 17.18  permit as a contract carrier to cooperative associations whose 
 17.19  memberships are limited to bona fide farmers' cooperative 
 17.20  associations, that transport and do business only with and for 
 17.21  the associations, and who transport merely as an incident to 
 17.22  other business.  The board may not limit the number of hauling 
 17.23  contracts of a cooperative association.  
 17.24     Sec. 27.  Minnesota Statutes 1994, section 221.121, 
 17.25  subdivision 4, is amended to read: 
 17.26     Subd. 4.  [EXTENSIONS OF AUTHORITY.] The board may grant 
 17.27  extensions of authority ex parte after due notice of a petition 
 17.28  has been published.  A party desiring to protest the petition 
 17.29  shall file its protest by mail or in person within 20 days of 
 17.30  the date of notice, except that no protest may be filed against 
 17.31  an application submitted under subdivision 6f.  If a timely 
 17.32  filed protest is received, the matter must be placed on the 
 17.33  calendar for hearing.  If a timely protest is not received, the 
 17.34  board may issue its order ex parte. 
 17.35     Sec. 28.  Minnesota Statutes 1994, section 221.124, 
 17.36  subdivision 2, is amended to read: 
 18.1      Subd. 2.  [PARTICIPATION REQUIRED.] A motor carrier that 
 18.2   receives a certificate or permit operating authority from the 
 18.3   board for new authority on or after September 1, 1991, shall 
 18.4   participate in the initial motor carrier contact program.  A 
 18.5   motor carrier required to participate in the program must have 
 18.6   in attendance at least one motor carrier official having a 
 18.7   substantial interest or control, directly or indirectly, in or 
 18.8   over the operations conducted or to be conducted under the 
 18.9   certificate or permit. 
 18.10     Sec. 29.  Minnesota Statutes 1994, section 221.131, 
 18.11  subdivision 2, is amended to read: 
 18.12     Subd. 2.  [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.] 
 18.13  (a) The permit holder shall pay an annual registration fee of 
 18.14  $40 on each vehicle, including pickup and delivery vehicles, 
 18.15  operated by the holder under authority of the permit during the 
 18.16  12-month period or fraction of the 12-month period.  Trailers 
 18.17  and semitrailers used by a permit holder in combination with 
 18.18  power units may not be counted as vehicles in the computation of 
 18.19  fees under this section if the permit holder pays the fees for 
 18.20  power units. 
 18.21     (b) The commissioner shall furnish a distinguishing annual 
 18.22  identification card for each vehicle or power unit for which a 
 18.23  fee has been paid.  The identification card must at all times be 
 18.24  carried in the vehicle or power unit to which it has been 
 18.25  assigned.  An identification card may be reassigned to another 
 18.26  vehicle or power unit upon application of the permit holder and 
 18.27  payment of a transfer fee of $10.  An identification card issued 
 18.28  under this section is valid only for the period for which the 
 18.29  permit is effective. 
 18.30     (c) The permit holder must be identified on the power unit 
 18.31  of each registered vehicle operated under the permit.  Vehicles 
 18.32  must show the name or the "doing business as" name of the permit 
 18.33  holder operating the vehicle and the community and abbreviation 
 18.34  of the state in which the permit holder maintains its principal 
 18.35  office or in which the vehicle is customarily based.  If the 
 18.36  permit holder operates a leased vehicle, it may show its name 
 19.1   and the name of the lessor on the vehicle, if the lease 
 19.2   relationship is clearly shown.  If the name of a person other 
 19.3   than the operating permit holder appears on the vehicle, the 
 19.4   words "operated by" must immediately precede the name of the 
 19.5   permit holder.  The name and address must be in letters that 
 19.6   contrast sharply in color with the background, be readily 
 19.7   legible during daylight hours from a distance of 50 feet while 
 19.8   the vehicle is stationary, and be maintained in a manner that 
 19.9   retains the legibility of the markings.  The name and address 
 19.10  may be shown by use of a removable device if that device meets 
 19.11  the identification and legibility requirements of this 
 19.12  subdivision. 
 19.13     (d) A fee of $10 is charged for the replacement of an 
 19.14  unexpired identification card that has been lost.  
 19.15     (e) The total annual registration fee per vehicle for class 
 19.16  II-T, class II-L, household goods mover, and 
 19.17  temperature-controlled commodities permit holders, or any 
 19.18  combination thereof, shall not exceed $40 per vehicle. 
 19.19     Sec. 30.  Minnesota Statutes 1994, section 221.131, 
 19.20  subdivision 3, is amended to read: 
 19.21     Subd. 3.  [CERTIFICATE REGULAR ROUTE COMMON CARRIERS OF 
 19.22  PASSENGERS; ANNUAL VEHICLE REGISTRATION.] Certificated carriers 
 19.23  A regular route common carrier of passengers shall pay an annual 
 19.24  registration fee of $40 for each vehicle, including pickup and 
 19.25  delivery vehicles, operated during a calendar year.  The 
 19.26  commissioner shall issue distinguishing identification cards as 
 19.27  provided in subdivision 2.  
 19.28     Sec. 31.  Minnesota Statutes 1994, section 221.132, is 
 19.29  amended to read: 
 19.30     221.132 [PREPAID TEMPORARY VEHICLE IDENTIFICATION CARDS.] 
 19.31     The commissioner may issue a prepaid temporary vehicle 
 19.32  identification card to a permit or certificate holder carrier or 
 19.33  regular route common carrier of passengers for a fee of $5 per 
 19.34  card.  The card must be preprinted by the commissioner with the 
 19.35  carrier's name, address, and permit or certificate number.  The 
 19.36  card may be used by the motor carrier to whom it is issued to 
 20.1   identify a vehicle temporarily added to its fleet.  The card 
 20.2   must be executed by the motor carrier by dating and signing the 
 20.3   card and describing the vehicle in which it will be carried.  
 20.4   The identification card is valid for a period of ten days from 
 20.5   the date the motor carrier places on the card when the card is 
 20.6   executed.  The card must be used within one year from the date 
 20.7   of issuance by the commissioner.  The card may not be used if 
 20.8   the permit or certificate is not in full force and effect.  The 
 20.9   card may not be transferred.  The commissioner may not refund 
 20.10  the cost of unused prepaid temporary vehicle identification 
 20.11  cards. 
 20.12     Sec. 32.  Minnesota Statutes 1994, section 221.141, 
 20.13  subdivision 1, is amended to read: 
 20.14     Subdivision 1.  [FINANCIAL RESPONSIBILITY OF CARRIERS.] No 
 20.15  motor carrier and no interstate carrier shall operate a vehicle 
 20.16  until it has obtained and has in effect the minimum amount of 
 20.17  financial responsibility required by this section.  Policies of 
 20.18  insurance, surety bonds, other types of security, and 
 20.19  endorsements must be continuously in effect and must remain in 
 20.20  effect until canceled.  Before providing transportation, the 
 20.21  motor carrier or interstate carrier shall secure and cause to be 
 20.22  filed with the commissioner and maintain in full effect, a 
 20.23  certificate of insurance in a form required by the commissioner, 
 20.24  evidencing public liability insurance in the amount prescribed.  
 20.25  The insurance must cover injuries and damage to persons or 
 20.26  property resulting from the operation or use of motor vehicles, 
 20.27  regardless of whether each vehicle is specifically described in 
 20.28  the policy.  This insurance does not apply to injuries or death 
 20.29  to the employees of the motor carrier or to property being 
 20.30  transported by the carrier.  The commissioner shall require 
 20.31  cargo insurance for certificated motor carriers, except those 
 20.32  carrying passengers exclusively.  The commissioner may require a 
 20.33  permit carrier to file cargo insurance, when the commissioner 
 20.34  deems necessary to protect the users of the service.  
 20.35     Sec. 33.  Minnesota Statutes 1994, section 221.151, 
 20.36  subdivision 1, is amended to read: 
 21.1      Subdivision 1.  [PETITION.] Permits, except livestock 
 21.2   permits, issued under section 221.121 may be assigned or 
 21.3   transferred but only upon the order of the board approving the 
 21.4   transfer or assignment after notice and hearing. 
 21.5      The proposed seller and buyer or lessor and lessee of a 
 21.6   permit, except for livestock carrier permits, shall file a joint 
 21.7   notarized petition with the commissioner setting forth the name 
 21.8   and address of the parties, the identifying number of the 
 21.9   permit, and the description of the authority which the parties 
 21.10  seek to sell or lease, a short statement of the reasons for the 
 21.11  proposed sale or lease, a statement of outstanding claims of 
 21.12  creditors which are directly attributable to the operation to be 
 21.13  conducted under the permit, a copy of the contract of sale or 
 21.14  lease, and a financial statement with a balance sheet and an 
 21.15  income statement, if existent, of the buyer or lessee.  If it 
 21.16  appears to the board, after notice to interested parties and a 
 21.17  hearing, from the contents of the petition, from the evidence 
 21.18  produced at the hearing, and from the department's records, 
 21.19  files, and investigation that the approval of the sale or lease 
 21.20  of the permit will not adversely affect the rights of the users 
 21.21  of the service and will not have an adverse effect upon other 
 21.22  competing carriers, the board may make an order granting the 
 21.23  sale or lease.  Provided, however, that the board shall make no 
 21.24  order granting the sale or lease of a permit to a person or 
 21.25  corporation or association which holds a certificate or permit 
 21.26  other than local cartage carrier permit from the board under 
 21.27  this chapter or to a common carrier by rail. 
 21.28     Provided further that the board shall make no order 
 21.29  approving the sale or lease of a permit if the board finds that 
 21.30  the price paid for the sale or lease of a permit is 
 21.31  disproportionate to the reasonable value of the permit 
 21.32  considering the assets and goodwill involved.  The board shall 
 21.33  approve the sale or lease of a permit only after a finding that 
 21.34  the transferee is fit and able to conduct the operations 
 21.35  authorized under the permit and that the vehicles the transferee 
 21.36  proposes to use in conducting the operations meet the safety 
 22.1   standards of the commissioner.  In determining the extent of the 
 22.2   operating authority to be conducted by the transferee under the 
 22.3   sale or lease of the permit, the past operations of the 
 22.4   transferor within the two-year period immediately preceding the 
 22.5   transfer must be considered.  Only such operating authority may 
 22.6   be granted to the transferee as was actually exercised by the 
 22.7   transferor under the transferor's authority within the two-year 
 22.8   period immediately preceding the transfer as evidenced by bills 
 22.9   of lading, company records, operation records, or other relevant 
 22.10  evidence.  For purposes of determining the two-year period, the 
 22.11  date of divesting of interest or control is the date of the 
 22.12  sale.  The board shall look to the substance of the transaction 
 22.13  rather than the form.  An agreement for the transfer or sale of 
 22.14  a permit must be reported and filed with the board within 30 
 22.15  days of the agreement.  
 22.16     If an authority to operate as a permit carrier is held by a 
 22.17  corporation, a sale, assignment, pledge, or other transfer of 
 22.18  the stock interest in the corporation which will accomplish a 
 22.19  substantial or material change or transfer of the majority 
 22.20  ownership of the corporation, as exercised through its 
 22.21  stockholders, must be reported in the manner prescribed in the 
 22.22  rules of the board within 30 days after the sale, assignment, 
 22.23  pledge, or other transfer of stock.  The board shall then make a 
 22.24  finding whether or not the stock transfer does, in fact, 
 22.25  constitute a sale, lease, or other transfer of the permit of the 
 22.26  corporation to a new party or parties and, if they so find, then 
 22.27  the continuance of the permit issued to the corporation may only 
 22.28  be upon the corporation's complying with the standards and 
 22.29  procedures otherwise imposed by this section. 
 22.30     Sec. 34.  Minnesota Statutes 1994, section 221.151, 
 22.31  subdivision 2, is amended to read: 
 22.32     Subd. 2.  [EX PARTE TRANSFER.] The board shall allow a bona 
 22.33  fide transfer of a permit, except a livestock carrier permit, ex 
 22.34  parte without hearing if the transferee of the permit is in fact 
 22.35  a member or members of the transferor's immediate family.  For 
 22.36  the purpose of this subdivision immediate family consists only 
 23.1   of the lawful spouse, adult child or children, brother, or 
 23.2   sister of the transferor.  Provided further that the immediate 
 23.3   family as defined in this subdivision does not include a person 
 23.4   under legal disability or a member of the family regardless of 
 23.5   relationship who holds any other permit or certificate under 
 23.6   this chapter either as an individual or in partnership or as 
 23.7   owner of an interest in a corporation holding a permit or a 
 23.8   certificate under this chapter. 
 23.9      Provided further that the transfer under this subdivision 
 23.10  must include: 
 23.11     (1) transfer to a corporation the stock of which is wholly 
 23.12  owned by the transferor or immediate family members; 
 23.13     (2) transfer to a partnership or partner consisting solely 
 23.14  of the immediate family as defined in this subdivision. 
 23.15     Provided further that the transfer of a permit under this 
 23.16  subdivision must comply with the standards set forth in this 
 23.17  section based upon the contents of the petition of petitioners, 
 23.18  pertinent information available to the board and the department, 
 23.19  and their records and files.  No determination of the extent of 
 23.20  the operating authority previously exercised is required. 
 23.21     If it appears to the board that the petition and exhibits 
 23.22  do not reasonably comply with the standards set forth in this 
 23.23  section, then after notice to interested parties and the 
 23.24  petitioners, the board shall assign the matter for hearing to 
 23.25  determine compliance with this section.  A user of the service, 
 23.26  competing carrier, or interested party shall have the right to 
 23.27  file a protest on the transfer as provided in this subdivision 
 23.28  by filing a sworn statement with the board within six months 
 23.29  from the effective date of the transfer, whereupon the board 
 23.30  shall assign the matter for hearing and the continuance of the 
 23.31  permit may only be upon the transferee's compliance with the 
 23.32  standards and procedures otherwise imposed by this section. 
 23.33     Sec. 35.  Minnesota Statutes 1994, section 221.161, 
 23.34  subdivision 1, is amended to read: 
 23.35     Subdivision 1.  [FILING; HEARING UPON BOARD INITIATIVE; 
 23.36  ARMORED CARRIER EXEMPTION.] (a) Except as provided in paragraph 
 24.1   (b), A permit carrier, including a livestock carrier but not 
 24.2   including a local cartage carrier excluding personal 
 24.3   transportation service carriers and limousine carriers, shall 
 24.4   file and maintain with the commissioner a tariff showing rates 
 24.5   and charges for transporting persons or property.  Tariffs must 
 24.6   be prepared and filed in accordance with the rules of the 
 24.7   commissioner.  When tariffs are filed in accordance with the 
 24.8   rules and accepted by the commissioner, the filing constitutes 
 24.9   notice to the public and interested parties of the contents of 
 24.10  the tariffs.  The commissioner shall not accept for filing 
 24.11  tariffs that are unjust, unreasonable, unjustly discriminatory, 
 24.12  unduly preferential or prejudicial, or otherwise in violation of 
 24.13  this section or rules adopted under this section.  If the 
 24.14  tariffs appear to be unjust, unreasonable, unjustly 
 24.15  discriminatory, unduly preferential or prejudicial, or otherwise 
 24.16  in violation of this section or rules adopted under this 
 24.17  section, after notification and investigation by the department, 
 24.18  the board may suspend and postpone the effective date of the 
 24.19  tariffs and assign the tariffs for hearing upon notice to the 
 24.20  permit carrier filing the proposed tariffs and to other 
 24.21  interested parties, including users of the service and 
 24.22  competitive carriers by motor vehicle and rail.  At the hearing, 
 24.23  the burden of proof is on the permit carrier filing the proposed 
 24.24  tariff to sustain the validity of the proposed schedule of rates 
 24.25  and charges.  Tariffs for transporting livestock are not subject 
 24.26  to rejection, suspension, or postponement by the board, except 
 24.27  as provided in subdivisions 2 and 3.  The tariffs and subsequent 
 24.28  supplements to them or reissues of them must state the effective 
 24.29  date, which may not be less than ten days following the date of 
 24.30  filing, unless the period of time is reduced by special 
 24.31  permission of the commissioner. 
 24.32     (b) A holder of an armored carrier permit is not required 
 24.33  to file a tariff under this subdivision for the service 
 24.34  authorized by the armored carrier permit. 
 24.35     Sec. 36.  Minnesota Statutes 1994, section 221.161, 
 24.36  subdivision 4, is amended to read: 
 25.1      Subd. 4.  [HEARING ON MERITS OF RATES AND CHARGES.] The 
 25.2   board, (1) after a suspension and hearing upon a schedule of 
 25.3   rates and charges, or upon complaint, or upon its own 
 25.4   initiative, either in extension of an existing complaint or 
 25.5   without a complaint whatever, (2) after department investigation 
 25.6   and petition, (3) upon notice to the permit carrier or tariff 
 25.7   agent proposing, maintaining, or charging a schedule of rates 
 25.8   and charges on a single group of related commodities, and (4) 
 25.9   upon notice to the users of the service and competitive carriers 
 25.10  by motor vehicle and rail, may assign for hearing the schedule 
 25.11  of rates and charges proposed, maintained, or charged by any or 
 25.12  all permit carriers.  Upon a finding, after a hearing, that the 
 25.13  schedule of rates and charges are unjust or unreasonable or 
 25.14  unjustly discriminatory or unduly preferential or prejudicial or 
 25.15  otherwise in violation of this section, the board may prescribe 
 25.16  minimum rates and charges and the rates, rules, and practices 
 25.17  thereafter to be maintained and applied by the permit carrier or 
 25.18  tariff agent.  In the hearing the burden of proof is upon the 
 25.19  permit carrier or tariff agent whose schedules of rates and 
 25.20  charges are under investigation to show that the schedules are 
 25.21  not below a minimum reasonable level or are not noncompensatory. 
 25.22  Schedules of rates and charges for the transportation of 
 25.23  livestock are not subject to rejection, suspension, 
 25.24  postponement, or investigation by the board except as provided 
 25.25  in subdivisions 2 and 3. 
 25.26     Sec. 37.  Minnesota Statutes 1994, section 221.172, 
 25.27  subdivision 3, is amended to read: 
 25.28     Subd. 3.  [CLASS I, CLASS II, AND TEMPERATURE-CONTROLLED 
 25.29  COMMODITIES CARRIERS; HOUSEHOLD GOODS MOVERS.] A class I 
 25.30  carrier, class II carrier, holder of a household goods mover, 
 25.31  and a holder of a temperature-controlled commodities permit 
 25.32  shall keep a record of each shipment transported under a 
 25.33  certificate or its permit.  A record may consist of one or more 
 25.34  documents, including a bill of lading, freight bill, manifest, 
 25.35  delivery receipt, or other document.  If it consists of more 
 25.36  than one document, the documents constituting a shipment record 
 26.1   must be available for inspection together.  A record must show 
 26.2   the: 
 26.3      (1) names of the consignor and consignee; 
 26.4      (2) date of shipment; 
 26.5      (3) origin and destination points; 
 26.6      (4) number of packages, if applicable to the rating of the 
 26.7   freight or if the carrier's operating authority includes a 
 26.8   package or article restriction, unless the shipment is 
 26.9   transported by a household goods mover; 
 26.10     (5) description of the freight property; 
 26.11     (6) (5) weight, volume, or measurement of the 
 26.12  freight property, if applicable to the rating of the freight 
 26.13  property or if the carrier's operating authority includes a 
 26.14  weight restriction; 
 26.15     (7) (6) exact rate or rates assessed; 
 26.16     (8) (7) total charges due, including the nature and amount 
 26.17  of any charges for special service; and 
 26.18     (9) (8) the name of each carrier participating in the 
 26.19  transportation; and 
 26.20     (10) after January 1, 1994, any terminals through which the 
 26.21  shipment moved. 
 26.22     Sec. 38.  Minnesota Statutes 1994, section 221.185, 
 26.23  subdivision 1, is amended to read: 
 26.24     Subdivision 1.  [GROUNDS FOR SUSPENSION.] Despite the 
 26.25  provisions of section 221.021, authority to operate as a motor 
 26.26  carrier under sections 221.011 to 221.296 this chapter is 
 26.27  suspended without a hearing, by order of the commissioner, for a 
 26.28  period not to exceed 45 days upon the occurrence of any of the 
 26.29  following and upon notice of suspension as provided in 
 26.30  subdivision 2:  
 26.31     (a) the motor carrier fails to maintain and file with the 
 26.32  commissioner, the insurance or bond required by sections section 
 26.33  221.141 and 221.296 and rules of the commissioner; 
 26.34     (b) the motor carrier fails to renew permits as required by 
 26.35  section 221.131; or 
 26.36     (c) the motor carrier fails to pay annual vehicle 
 27.1   registration fees or renew permits as required by sections 
 27.2   221.071, and 221.131, and 221.296; or 
 27.3      (d) the motor carrier fails to maintain in good standing a 
 27.4   protective agent's or private detective's license required under 
 27.5   section 221.121, subdivision 6g, paragraph (b), or 221.153, 
 27.6   subdivision 3. 
 27.7      Sec. 39.  Minnesota Statutes 1994, section 221.185, 
 27.8   subdivision 2, is amended to read: 
 27.9      Subd. 2.  [NOTICE OF SUSPENSION.] (a) Failure to file and 
 27.10  maintain insurance, renew permits under section 221.131, or to 
 27.11  pay annual vehicle registration fees or renew permits under 
 27.12  section 221.071, or 221.131, or 221.296, or to maintain in good 
 27.13  standing a protective agent's or private detective's license 
 27.14  required under section 221.121, subdivision 6g, or 221.153, 
 27.15  subdivision 3, suspends a motor carrier's permit or certificate 
 27.16  two days after the commissioner sends notice of the suspension 
 27.17  by certified mail, return receipt requested, to the last known 
 27.18  address of the motor carrier.  
 27.19     (b) In order to avoid permanent cancellation of the permit 
 27.20  or certificate, the motor carrier must do one of the following 
 27.21  within 45 days from the date of suspension:  
 27.22     (1) comply with the law by filing insurance or bond, 
 27.23  renewing permits, or paying vehicle registration fees; or 
 27.24     (2) request a hearing before the board regarding the 
 27.25  failure to comply with the law. 
 27.26     Sec. 40.  Minnesota Statutes 1994, section 221.185, 
 27.27  subdivision 4, is amended to read: 
 27.28     Subd. 4.  [FAILURE TO COMPLY, CANCELLATION.] Except as 
 27.29  provided in subdivision 5a, failure to comply with the 
 27.30  requirements of sections section 221.141 and 221.296 relating to 
 27.31  bonds and insurance, 221.131 relating to permit renewal, 
 27.32  221.071, or 221.131, or 221.296 relating to annual vehicle 
 27.33  registration or permit renewal, 221.121, subdivision 6g, or 
 27.34  221.153, subdivision 3, relating to protective agent or private 
 27.35  detective licensure, or to request a hearing within 45 days of 
 27.36  the date of suspension, is deemed an abandonment of the motor 
 28.1   carrier's permit or certificate and the permit or certificate 
 28.2   must be canceled by the commissioner. 
 28.3      Sec. 41.  Minnesota Statutes 1994, section 221.185, 
 28.4   subdivision 5a, is amended to read: 
 28.5      Subd. 5a.  [REINSTATEMENT AFTER CANCELLATION.] A motor 
 28.6   carrier whose permit, license, or certificate is canceled for 
 28.7   failure to comply with sections section 221.141 and 221.296 
 28.8   relating to bonds and insurance may ask the board to review the 
 28.9   cancellation.  Upon review, the board shall rescind the 
 28.10  cancellation if:  (1) the motor carrier presents evidence 
 28.11  showing that before the effective date of the notice of 
 28.12  cancellation issued under subdivision 5, the motor carrier had 
 28.13  obtained and paid for the insurance required by sections section 
 28.14  221.141 and 221.296, and the rules of the commissioner, and (2) 
 28.15  the commissioner informs the board that the motor carrier has 
 28.16  complied with the requirements of sections section 221.141 and 
 28.17  221.296 and the rules of the commissioner. 
 28.18     Sec. 42.  Minnesota Statutes 1994, section 221.251, 
 28.19  subdivision 1, is amended to read: 
 28.20     Subdivision 1.  [REFUND WITHIN 90 DAYS.] Charges for 
 28.21  freight, baggage, or express the transportation of household 
 28.22  goods or persons collected by a motor carrier over what the 
 28.23  carrier is entitled to receive under the lawful tariff or 
 28.24  classification must be refunded by the carrier within 90 days 
 28.25  after a claim is filed, provided that a claim is filed as 
 28.26  provided in this section.  
 28.27     Sec. 43.  Minnesota Statutes 1994, section 221.281, is 
 28.28  amended to read: 
 28.29     221.281 [VIOLATIONS, PENALTIES.] 
 28.30     Any regular route common carrier or petroleum carrier of 
 28.31  passengers, or any officer, agent or employee of any such 
 28.32  carrier, failing to comply with any final order, decision, rule, 
 28.33  or directive, or any part or provision thereof, of the 
 28.34  commissioner or board, or any provision of sections 221.011 to 
 28.35  221.296 this chapter, shall be subject to a penalty of $50 for 
 28.36  each and every day of such failure, to be recovered for the 
 29.1   state in a civil action brought by the commissioner. 
 29.2      Any such carrier granting any special rate, rebate, 
 29.3   drawback, or directly or indirectly charging, demanding, or 
 29.4   collecting a greater or less compensation than provided by its 
 29.5   regular established schedule of rates and charges, shall be 
 29.6   punished by a fine not exceeding $10,000 for each such offense. 
 29.7      Sec. 44.  Minnesota Statutes 1994, section 221.291, 
 29.8   subdivision 4, is amended to read: 
 29.9      Subd. 4.  [OPERATING WITHOUT CERTIFICATE OR PERMIT 
 29.10  AUTHORITY.] A person who operates as a motor carrier without 
 29.11  obtaining required certificates, certificates of safety 
 29.12  compliance, licenses, or permits to operate as required by this 
 29.13  chapter is guilty of a misdemeanor, and upon conviction shall be 
 29.14  fined not less than the maximum fine which may be imposed for a 
 29.15  misdemeanor for each violation.  
 29.16     Sec. 45.  Minnesota Statutes 1994, section 221.291, 
 29.17  subdivision 5, is amended to read: 
 29.18     Subd. 5.  [VARIATION OF COMPENSATION RATE.] A person who 
 29.19  knowingly offers, grants, gives, solicits, accepts, or receives 
 29.20  a rebate, concession, or discrimination in violation of a 
 29.21  provision of this chapter, or who by any means knowingly 
 29.22  assists, requires, or permits a person to obtain or provide 
 29.23  transportation of persons or property for a greater or lesser or 
 29.24  different compensation than that approved by order of the board, 
 29.25  or in the case of permit carriers, to obtain or provide 
 29.26  transportation of persons or household goods for a greater, 
 29.27  lesser, or different compensation than that filed with the 
 29.28  commissioner, is guilty of a misdemeanor and upon conviction 
 29.29  shall be fined not less than $200.  
 29.30     Sec. 46.  [221.297] [CERTIFICATE OF SAFETY COMPLIANCE; 
 29.31  VEHICLE REGISTRATION.] 
 29.32     Subdivision 1.  [APPLICABILITY.] This section applies to 
 29.33  for-hire motor carriers of property. 
 29.34     Subd. 2.  [PETITION FOR CERTIFICATE OF SAFETY 
 29.35  COMPLIANCE.] A person desiring to operate as a for-hire motor 
 29.36  carrier of property shall file a petition with the 
 30.1   commissioner.  The petition must include the following: 
 30.2      (1) the petitioner's name, including an assumed or 
 30.3   fictitious name used by the petitioner in doing business; 
 30.4      (2) the petitioner's mailing address and business telephone 
 30.5   number; 
 30.6      (3) the petitioner's federal employer identification number 
 30.7   and Minnesota business identification number and the 
 30.8   identification numbers, if any, assigned to the petitioner by 
 30.9   the United States Department of Transportation, Interstate 
 30.10  Commerce Commission, or the Environmental Protection Agency; 
 30.11     (4) the name, title, and telephone number of the individual 
 30.12  who is principally responsible for the operation of the 
 30.13  petitioner's transportation business; 
 30.14     (5) the principal location from which the petitioner 
 30.15  conducts its transportation business and where the records 
 30.16  required by this chapter will be kept; 
 30.17     (6) if different from clause (5), the location in Minnesota 
 30.18  where the records required by this chapter will be available for 
 30.19  inspection and copying by the commissioner; 
 30.20     (7) whether the petitioner transports hazardous materials 
 30.21  or hazardous waste; 
 30.22     (8) whether the petitioner's business is a corporation, 
 30.23  partnership, limited liability partnership, limited liability 
 30.24  company, or sole proprietorship; 
 30.25     (9) the names and addresses of the officers and 
 30.26  shareholders, if a corporation; 
 30.27     (10) if the petitioner is a foreign corporation authorized 
 30.28  to transact business in Minnesota, the state of incorporation 
 30.29  and the name and address of its registered agent; and 
 30.30     (11) other information as the board and commissioner may 
 30.31  require. 
 30.32     The board, after notice to interested parties and a 
 30.33  hearing, shall issue the certificate upon compliance with laws 
 30.34  and rules relating to it unless it finds that the petitioner 
 30.35  does not meet the safety standards adopted by rule by the 
 30.36  commissioner, or that petitioner is not fit and able to conduct 
 31.1   the proposed operations.  The board may not issue a certificate 
 31.2   of safety compliance to a person if the board determines that a 
 31.3   carrier's conduct would constitute grounds for suspension or 
 31.4   revocation under subdivision 5, or if the petitioner has an 
 31.5   unsatisfactory safety rating.  A certificate of safety 
 31.6   compliance once granted continues in full force and effect until 
 31.7   abandoned or unless suspended or revoked, subject to compliance 
 31.8   by the certificate holder with the applicable provisions of law 
 31.9   and rules of the board and commissioner governing for-hire motor 
 31.10  carriers of property. 
 31.11     Subd. 3.  [ANNUAL VEHICLE REGISTRATION.] (a) A motor 
 31.12  carrier that holds a certificate of safety compliance shall 
 31.13  annually register each vehicle that it uses in its motor carrier 
 31.14  operation to transport property or passengers by filing a 
 31.15  complete and accurate vehicle registration statement with the 
 31.16  commissioner.  A vehicle registration statement must include the 
 31.17  registrant's name, including an assumed or fictitious name used 
 31.18  by the registrant in doing business, and, for each vehicle to be 
 31.19  registered: 
 31.20     (1) the state and license plate number of vehicle 
 31.21  registration; 
 31.22     (2) the vehicle identification number; and 
 31.23     (3) the vehicle year and make. 
 31.24     (b) The annual registration fee for each vehicle is 
 31.25  $........  Trailers and semitrailers used by a registrant in 
 31.26  combination with power units may not be counted as vehicles in 
 31.27  computing fees under this section if the registrant pays the 
 31.28  fees for power units. 
 31.29     (c) The commissioner shall issue, to a motor carrier with a 
 31.30  current certificate of safety compliance, a number of vehicle 
 31.31  registration receipts equal to the number of vehicles 
 31.32  registered.  A receipt may not make reference to a specific 
 31.33  vehicle.  It must show only the registrant's name, its 
 31.34  certificate of registration number, and an expiration date.  A 
 31.35  motor carrier described in subdivision 1 shall not use a vehicle 
 31.36  to transport property or passengers under the authority of this 
 32.1   chapter unless a receipt is in the vehicle. 
 32.2      (d) A vehicle registration receipt is valid for one year 
 32.3   from the date it is issued or until the end of the registrant's 
 32.4   vehicle registration year, whichever occurs first.  A 
 32.5   registrant's vehicle registration year is determined by the 
 32.6   calendar year date on which it first registers vehicles under 
 32.7   this section. 
 32.8      Subd. 4.  [INSURANCE.] Each motor carrier issued a 
 32.9   certificate of safety compliance shall comply with the 
 32.10  requirements of section 221.141. 
 32.11     Subd. 5.  [SUSPENSION; REVOCATION.] (a) The board may 
 32.12  suspend or revoke a certificate of safety compliance issued 
 32.13  under this section if the board determines that a carrier made a 
 32.14  materially false or misleading statement in its application or 
 32.15  that a carrier's conduct constitutes a serious or repeated 
 32.16  violation of statutes or rules governing the transportation of 
 32.17  property, other than household goods.  A person whose 
 32.18  certificate of safety compliance is suspended or revoked may 
 32.19  appeal the board's decision in a contested case proceeding under 
 32.20  chapter 14. 
 32.21     (b) The commissioner shall suspend a certificate of safety 
 32.22  compliance without a hearing for the following reasons: 
 32.23     (1) failure to pay the annual vehicle registration fee; or 
 32.24     (2) failure to comply with insurance requirements. 
 32.25  The suspension continues until the fees are paid and the 
 32.26  insurance requirements are satisfied. 
 32.27     Subd. 6.  [CERTIFICATE NOT ASSIGNABLE OR TRANSFERABLE.] A 
 32.28  certificate of safety compliance issued under this section may 
 32.29  not be assigned or transferred. 
 32.30     If a certificate of safety compliance is held by a 
 32.31  corporation, a sale, assignment, pledge, or other transfer of 
 32.32  the stock interest in the corporation that will accomplish a 
 32.33  substantial or material change or transfer of the majority 
 32.34  ownership of the corporation, as exercised through its 
 32.35  stockholders, must be reported in the manner prescribed in the 
 32.36  rules of the board within 30 days after the sale, assignment, 
 33.1   pledge, or other transfer of stock.  The board shall then make a 
 33.2   finding of whether the stock transfer does, in fact, constitute 
 33.3   a sale, lease, or other transfer of the certificate of the 
 33.4   corporation to a new party or parties and, if it so finds, then 
 33.5   the certificate issued to the corporation must be revoked.  The 
 33.6   corporation may apply, and be issued, a new certificate of 
 33.7   safety compliance upon the corporation's complying with the 
 33.8   standards and procedures otherwise imposed by this section. 
 33.9      Subd. 7.  [FEE.] The petitioner shall pay a fee of $....... 
 33.10  into the treasury of the state of Minnesota for each certificate 
 33.11  of safety compliance for which a petition is filed under this 
 33.12  section. 
 33.13     Sec. 47.  [EXISTING AUTHORITIES.] 
 33.14     All holders of class I and petroleum carrier certificates 
 33.15  and class II, class II-T, class II-L, temperature-controlled 
 33.16  commodities carrier, local cartage carrier, courier services 
 33.17  carrier, livestock carrier, armored carrier, and contract 
 33.18  carrier permits existing in full force and effect on the 
 33.19  effective date of this section are deemed to be in full 
 33.20  compliance with state safety and insurance requirements and to 
 33.21  be holders of a certificate of safety compliance.  The permit or 
 33.22  certificate holder is no longer restricted to the service or 
 33.23  route limitations set forth in the certificate or permit, but is 
 33.24  authorized to transport property, other than household goods, 
 33.25  between all points in Minnesota.  The holder of a contract 
 33.26  carrier permit is no longer limited or restricted to contract 
 33.27  operations or to the shippers or accounts specified in the 
 33.28  permit.  If the carrier is the holder of more than one permit or 
 33.29  certificate, it is deemed to hold only one certificate of safety 
 33.30  compliance.  Any unexpired cab card originally issued to the 
 33.31  carrier is deemed to be issued as a vehicle registration 
 33.32  receipt, and the carrier may continue to use the cab card until 
 33.33  its expiration date. 
 33.34     Sec. 48.  [REPEALER.] 
 33.35     Minnesota Statutes 1994, sections 221.011, subdivisions 10, 
 33.36  12, 24, 25, 28, 35, 36, 38, 39, 40, 41, 44, 45, and 46; 221.072; 
 34.1   221.101; 221.121, subdivisions 5, 6, 6c, 6d, 6e, 6f, and 6g; 
 34.2   221.131, subdivisions 6 and 7; 221.141, subdivision 6; 221.151, 
 34.3   subdivision 3; 221.152; 221.153; 221.172, subdivisions 4, 5, 6, 
 34.4   7, and 8; and 221.296, are repealed. 
 34.5                              ARTICLE 2 
 34.6                        CONFORMING AMENDMENTS 
 34.7      Section 1.  Minnesota Statutes 1994, section 168.013, 
 34.8   subdivision 1e, is amended to read: 
 34.9      Subd. 1e.  [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On 
 34.10  trucks and tractors except those in this chapter defined as farm 
 34.11  trucks, on truck-tractor and semitrailer combinations except 
 34.12  those defined as farm combinations, and on commercial zone 
 34.13  vehicles, the tax based on total gross weight shall be graduated 
 34.14  according to the Minnesota base rate schedule prescribed in this 
 34.15  subdivision, but in no event less than $120. 
 34.16                Minnesota Base Rate Schedule 
 34.17            Scheduled taxes include five percent
 34.18            surtax provided for in subdivision 14
 34.19            TOTAL GROSS WEIGHT
 34.20                IN POUNDS                    TAX
 34.21            A       0 -  1,500             $  15
 34.22            B   1,501 -  3,000                20
 34.23            C   3,001 -  4,500                25
 34.24            D   4,501 -  6,000                35
 34.25            E   6,001 -  9,000                45
 34.26            F   9,001 - 12,000                70
 34.27            G  12,001 - 15,000               105
 34.28            H  15,001 - 18,000               145
 34.29            I  18,001 - 21,000               190
 34.30            J  21,001 - 26,000               270
 34.31            K  26,001 - 33,000               360
 34.32            L  33,001 - 39,000               475
 34.33            M  39,001 - 45,000               595
 34.34            N  45,001 - 51,000               715
 34.35            O  51,001 - 57,000               865
 34.36            P  57,001 - 63,000              1015
 35.1             Q  63,001 - 69,000              1185
 35.2             R  69,001 - 73,280              1325
 35.3             S  73,281 - 78,000              1595
 35.4             T  78,001 - 81,000              1760
 35.5      For purposes of the Minnesota base rate schedule, for 
 35.6   vehicles with six or more axles in the "S" and "T" categories, 
 35.7   the base rates are $1,520 and $1,620 respectively. 
 35.8      For each vehicle with a gross weight in excess of 81,000 
 35.9   pounds an additional tax of $50 is imposed for each ton or 
 35.10  fraction thereof in excess of 81,000 pounds, subject to 
 35.11  subdivision 12. 
 35.12     Truck-tractors except those herein defined as farm and 
 35.13  commercial zone vehicles shall be taxed in accord with the 
 35.14  foregoing gross weight tax schedule on the basis of the combined 
 35.15  gross weight of the truck-tractor and any semitrailer or 
 35.16  semitrailers which the applicant proposes to combine with the 
 35.17  truck-tractor.  
 35.18     Commercial zone trucks include only trucks, truck-tractors, 
 35.19  and semitrailer combinations which are: 
 35.20     (1) used by an authorized local cartage carrier operating 
 35.21  under a permit issued under section 221.296 and whose gross 
 35.22  transportation revenue consists of at least 60 percent obtained 
 35.23  solely from local cartage carriage, and are operated solely 
 35.24  within an area composed of two contiguous cities of the first 
 35.25  class and municipalities contiguous thereto as defined by 
 35.26  section 221.011, subdivision 17; or, 
 35.27     (2) operated by an interstate carrier registered under 
 35.28  section 221.60, or by an authorized local cartage carrier or 
 35.29  other carrier receiving operating authority under chapter 221, 
 35.30  and operated solely within a zone exempt from regulation by the 
 35.31  Interstate Commerce Commission pursuant to United States Code, 
 35.32  title 49, section 10526(b). 
 35.33     The license plates issued for commercial zone vehicles 
 35.34  shall be plainly marked.  A person operating a commercial zone 
 35.35  vehicle outside the zone or area in which its operation is 
 35.36  authorized is guilty of a misdemeanor and, in addition to the 
 36.1   penalty therefor, shall have the registration of the vehicle as 
 36.2   a commercial zone vehicle revoked by the registrar and shall be 
 36.3   required to reregister the vehicle at 100 percent of the full 
 36.4   annual tax prescribed in the Minnesota base rate schedule, and 
 36.5   no part of this tax shall be refunded during the balance of the 
 36.6   registration year. 
 36.7      On commercial zone trucks the tax shall be based on the 
 36.8   total gross weight of the vehicle and during each of the first 
 36.9   eight years of vehicle life shall be 75 percent of the Minnesota 
 36.10  base rate schedule.  During the ninth and succeeding years of 
 36.11  vehicle life the tax shall be 50 percent of the Minnesota base 
 36.12  rate schedule. 
 36.13     On trucks, truck-tractors and semitrailer combinations, 
 36.14  except those defined as farm trucks and farm combinations, and 
 36.15  except for those commercial zone vehicles specifically provided 
 36.16  for in this subdivision, the tax for each of the first eight 
 36.17  years of vehicle life shall be 100 percent of the tax imposed in 
 36.18  the Minnesota base rate schedule, and during the ninth and 
 36.19  succeeding years of vehicle life, the tax shall be 75 percent of 
 36.20  the Minnesota base rate prescribed by this subdivision. 
 36.21     Sec. 2.  Minnesota Statutes 1994, section 174A.06, is 
 36.22  amended to read: 
 36.23     174A.06 [CONTINUATION OF RULES.] 
 36.24     Orders and directives heretofore in force, issued or 
 36.25  promulgated by the public service commission, public utilities 
 36.26  commission, or the department of transportation under authority 
 36.27  of chapters 216A, 218, 219, and 221 remain and continue in force 
 36.28  and effect until repealed, modified, or superseded by duly 
 36.29  authorized orders or directives of the transportation regulation 
 36.30  board.  Rules adopted by the public service commission, public 
 36.31  utilities commission or the department of transportation under 
 36.32  authority of the following sections are transferred to the 
 36.33  transportation regulation board and continue in force and effect 
 36.34  until repealed, modified, or superseded by duly authorized rules 
 36.35  of the transportation regulation board:  
 36.36     (1) section 218.041 except rules related to the form and 
 37.1   manner of filing railroad rates, railroad accounting rules, and 
 37.2   safety rules; 
 37.3      (2) section 219.40; 
 37.4      (3) rules relating to rates or tariffs, or the granting, 
 37.5   limiting, or modifying of permits or certificates of convenience 
 37.6   and necessity under section 221.031, subdivision 1; 
 37.7      (4) rules relating to the sale, assignment, pledge, or 
 37.8   other transfer of a stock interest in a corporation holding 
 37.9   authority to operate as a permit carrier as prescribed in 
 37.10  section 221.151, subdivision 1, or a local cartage carrier under 
 37.11  section 221.296, subdivision 8; 
 37.12     (5) rules relating to rates, charges, and practices under 
 37.13  section 221.161, subdivision 4; and 
 37.14     (6) rules relating to rates, tariffs, or the granting, 
 37.15  limiting, or modifying of permits under sections 221.121, and 
 37.16  221.151, and 221.296 or certificates of convenience and 
 37.17  necessity under section 221.071.  
 37.18     The board shall review the transferred rules, orders, and 
 37.19  directives and, when appropriate, develop and adopt new rules, 
 37.20  orders, or directives within 18 months of July 1, 1985. 
 37.21     Sec. 3.  Minnesota Statutes 1994, section 221.022, is 
 37.22  amended to read: 
 37.23     221.022 [EXCEPTION.] 
 37.24     The powers granted to the board under sections 221.011 to 
 37.25  221.296 this chapter do not include the power to regulate any 
 37.26  service or vehicles operated by the metropolitan council or to 
 37.27  regulate passenger transportation service provided under 
 37.28  contract to the department or the metropolitan council.  A 
 37.29  provider of passenger transportation service under contract to 
 37.30  the department or the metropolitan council may not provide 
 37.31  charter service without first having obtained a permit to 
 37.32  operate as a charter carrier. 
 37.33     Sec. 4.  Minnesota Statutes 1994, section 221.122, 
 37.34  subdivision 1, is amended to read: 
 37.35     Subdivision 1.  [REGISTRATION, INSURANCE, AND FILING 
 37.36  REQUIREMENTS.] An order issued by the board which grants a 
 38.1   certificate or permit must contain a service date.  The person 
 38.2   to whom the order granting the certificate or permit is issued 
 38.3   shall do the following within 45 days from the service date of 
 38.4   the order:  
 38.5      (1) register vehicles which will be used to provide 
 38.6   transportation under the permit or certificate with the 
 38.7   commissioner and pay the vehicle registration fees required by 
 38.8   law; 
 38.9      (2) file and maintain insurance or bond as required by 
 38.10  sections section 221.141 and 221.296 and the rules of the 
 38.11  commissioner and board; and 
 38.12     (3) file rates and tariffs as required by sections 221.041 
 38.13  and 221.161 and the rules of the commissioner and board.  
 38.14     Sec. 5.  Minnesota Statutes 1994, section 221.185, 
 38.15  subdivision 9, is amended to read: 
 38.16     Subd. 9.  [NEW PETITION.] If the holder of a canceled 
 38.17  permit or certificate seeks authority to operate as a motor 
 38.18  carrier it shall file a petition with the commissioner for a 
 38.19  permit or certificate as provided in section 221.061, or 
 38.20  221.121, or 221.296, whichever is applicable.