HF 1677

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

  1.1                          A bill for an act
  1.2             relating to passenger carriers; requiring persons 
  1.3             providing livery service to obtain a permit from the 
  1.4             commissioner of transportation; providing for livery 
  1.5             service license plates; making conforming changes; 
  1.6             amending Minnesota Statutes 1994, sections 168.128, 
  1.7             subdivision 3; 169.122, subdivision 5; 221.011, 
  1.8             subdivision 21, and by adding a subdivision; 221.031, 
  1.9             subdivision 3b; and 221.091; proposing coding for new 
  1.10            law in Minnesota Statutes, chapters 168; and 221; 
  1.11            repealing Minnesota Statutes 1994, sections 168.011, 
  1.12            subdivision 36; 168.1281; 221.011, subdivision 34; 
  1.13            221.84; and 221.85. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15                             ARTICLE 1
  1.16                           LIVERY SERVICE
  1.17     Section 1.  Minnesota Statutes 1994, section 168.128, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [INSURANCE.] The application must include a 
  1.20  certificate of insurance verifying that a valid commercial 
  1.21  insurance policy is in effect and giving the name of the 
  1.22  insurance company and the number of the insurance policy.  The 
  1.23  policy must provide stated limits of liability, exclusive of 
  1.24  interest and costs, with respect to each vehicle for which 
  1.25  coverage is granted, of not less than $100,000 because of bodily 
  1.26  injury to one person in any one accident and, subject to said 
  1.27  limit for one person, of not less than $300,000 because of 
  1.28  injury to two or more persons in any one accident and of not 
  1.29  less than $100,000 because of injury to or destruction of 
  2.1   property.  The insurance company must notify the commissioner if 
  2.2   the policy is canceled or if the policy no longer provides the 
  2.3   coverage required by this subdivision. 
  2.4      The commissioner shall immediately notify the commissioner 
  2.5   of transportation if the policy of a person required to have a 
  2.6   permit under section 221.84 is canceled or no longer provides 
  2.7   the coverage required by this subdivision. 
  2.8      Sec. 2.  [168.1282] [LIVERY SERVICE PLATES.] 
  2.9      Subdivision 1.  [LICENSE PLATES.] A person who operates a 
  2.10  vehicle, other than a limousine, that provides livery service as 
  2.11  defined in section 221.011, subdivision 47, shall apply to 
  2.12  register the vehicle as provided in this section.  The registrar 
  2.13  shall issue livery service plates on the applicant's compliance 
  2.14  with laws relating to registration and licensing of motor 
  2.15  vehicles and drivers, and certification by the owner that an 
  2.16  insurance policy meeting the requirements of subdivision 2 is in 
  2.17  effect for the entire period of registration.  The applicant 
  2.18  must provide the registrar with proof that the applicable motor 
  2.19  vehicle registration tax and a $10 fee have been paid for each 
  2.20  vehicle receiving livery service license plates.  The registrar 
  2.21  shall design livery service license plates so that the plates 
  2.22  identify the vehicle as a livery service vehicle, and clearly 
  2.23  display the letters "LV."  Livery service license plates issued 
  2.24  to a vehicle may not be transferred to another vehicle, except 
  2.25  to another livery service vehicle owned by the same owner on 
  2.26  notification to the registrar and payment of a $5 transfer fee. 
  2.27     Subd. 2.  [INSURANCE.] (a) An application under subdivision 
  2.28  1 must include a certificate of insurance that (1) verifies that 
  2.29  a valid commercial insurance policy is in effect, and (2) gives 
  2.30  the name of the insurance company and the number of the policy.  
  2.31     (b) The policy must provide stated limits of liability, 
  2.32  exclusive of interest and costs, with respect to each vehicle 
  2.33  for which coverage is granted, of (1) not less than $100,000 
  2.34  because of bodily injury to one person in any one accident, (2) 
  2.35  subject to the limit for one person, not less than $300,000 
  2.36  because of injury to two or more persons in any one accident, 
  3.1   and (3) not less than $100,000 because of injury to or 
  3.2   destruction of property.  
  3.3      (c) The insurance company must notify the commissioner if 
  3.4   the policy is canceled or if the policy no longer provides the 
  3.5   coverage required by this subdivision. 
  3.6      Sec. 3.  [168.1283] [NOTIFICATION OF INSURANCE 
  3.7   CANCELLATION.] 
  3.8      The commissioner shall immediately notify the commissioner 
  3.9   of transportation if an insurance policy of a person to whom 
  3.10  limousine plates have been issued under section 168.128 or 
  3.11  livery service plates have been issued under section 168.1282 is 
  3.12  canceled or no longer provides the coverage required by those 
  3.13  sections. 
  3.14     Sec. 4.  Minnesota Statutes 1994, section 221.011, is 
  3.15  amended by adding a subdivision to read: 
  3.16     Subd. 47.  [LIVERY SERVICE.] "Livery service" means 
  3.17  for-hire passenger service that: 
  3.18     (1) is not provided on a regular route; 
  3.19     (2) is provided in a passenger vehicle designed to 
  3.20  transport up to 14 passengers, excluding the driver; and 
  3.21     (3) provides only prearranged pickup of passengers. 
  3.22     Sec. 5.  [221.86] [LIVERY SERVICE.] 
  3.23     Subdivision 1.  [PERMIT REQUIRED; RULES.] No person may 
  3.24  provide livery service for hire without a permit from the 
  3.25  commissioner.  The commissioner shall adopt rules governing the 
  3.26  issuance of permits for livery service that include: 
  3.27     (1) annual inspections of vehicles used to provide livery 
  3.28  service; 
  3.29     (2) driver qualifications, including requiring a criminal 
  3.30  history check of drivers; 
  3.31     (3) insurance requirements; 
  3.32     (4) advertising regulation, including requiring a copy of 
  3.33  the permit to be carried in the vehicle providing livery service 
  3.34  and use of the words "licensed and insured"; 
  3.35     (5) provisions for agreements with political subdivisions 
  3.36  for sharing enforcement costs; 
  4.1      (6) issuance of temporary permits and temporary permit 
  4.2   fees; and 
  4.3      (7) other requirements the commissioner deems necessary. 
  4.4      Subd. 2.  [ADMINISTRATIVE PENALTIES; APPEAL.] The 
  4.5   commissioner may issue an order requiring any violation of 
  4.6   statutes, rules, and local ordinances governing livery service 
  4.7   to be corrected and assessing monetary penalties up to $1,000.  
  4.8   The commissioner may suspend or revoke a livery service permit 
  4.9   for violation of an applicable statute or rule and, on the 
  4.10  request of a political subdivision, may immediately suspend a 
  4.11  permit for multiple violations of local ordinances.  The 
  4.12  commissioner shall immediately suspend a permit for failure to 
  4.13  maintain required insurance and shall not restore the permit 
  4.14  until proof of insurance is provided.  A person whose permit is 
  4.15  revoked or suspended or who is assessed an administrative 
  4.16  penalty may appeal the commissioner's action in a contested case 
  4.17  proceeding under chapter 14. 
  4.18     Subd. 3.  [RULES TRANSFERRED.] All rules adopted by the 
  4.19  commissioner and in effect on July 31, 1995, that apply to 
  4.20  limousine service are applicable to livery service on and after 
  4.21  August 1, 1995, until amended, repealed, or superseded, except 
  4.22  those rules that by their nature can apply only to vehicles that 
  4.23  are limousines. 
  4.24     Subd. 4.  [DECAL AND FEE.] (a) The commissioner shall 
  4.25  design a distinctive decal to be issued to permit holders under 
  4.26  this section.  Each decal is valid for one year from the date of 
  4.27  issuance.  No person may operate a vehicle that provides livery 
  4.28  service unless the decal is conspicuously displayed on the 
  4.29  vehicle. 
  4.30     (b) The fee for each decal issued under this section is $80.
  4.31  The fee for each permit issued under this section is $150.  The 
  4.32  commissioner shall deposit all fees collected under this section 
  4.33  in the trunk highway fund. 
  4.34     Sec. 6.  [TRANSITION.] 
  4.35     (a) Display of a limousine or personal service 
  4.36  transportation decal issued before August 1, 1995, under laws 
  5.1   authorizing those decals constitutes compliance with the decal 
  5.2   display requirements of section 7 until the expiration date of 
  5.3   the permit. 
  5.4      (b) Display of a personal service transportation license 
  5.5   plate issued before August 1, 1995, under a law authorizing that 
  5.6   license plate constitutes compliance with the license plate 
  5.7   requirement of section 2 until the license plates are required 
  5.8   to be replaced under Minnesota Statutes, section 168.12.  
  5.9   Notwithstanding any other law, a personal service transportation 
  5.10  license plate may not be transferred to another vehicle. 
  5.11     Sec. 7.  [REPEALER.] 
  5.12     Minnesota Statutes 1994, sections 168.011, subdivision 36; 
  5.13  168.1281; 221.011, subdivision 34; 221.84; and 221.85, are 
  5.14  repealed. 
  5.15                             ARTICLE 2 
  5.16                       CONFORMING AMENDMENTS 
  5.17     Section 1.  Minnesota Statutes 1994, section 169.122, 
  5.18  subdivision 5, is amended to read: 
  5.19     Subd. 5.  [EXCEPTION.] This section does not apply to the 
  5.20  possession or consumption of alcoholic beverages by passengers 
  5.21  in: 
  5.22     (1) a bus operated under a charter as defined in section 
  5.23  221.011, subdivision 20; or 
  5.24     (2) a vehicle providing limousine livery service as defined 
  5.25  in section 221.84, subdivision 1 regulated under section 221.86. 
  5.26     Sec. 2.  Minnesota Statutes 1994, section 221.011, 
  5.27  subdivision 21, is amended to read: 
  5.28     Subd. 21.  [CHARTER CARRIER.] "Charter carrier" means a 
  5.29  person who engages in the business of transporting the public by 
  5.30  motor vehicle under charter.  The term "charter carrier" does 
  5.31  not include regular route common carriers of passengers, school 
  5.32  buses or Head Start buses described in section 221.025, clause 
  5.33  (a), or persons providing limousine livery service described in 
  5.34  section 221.84 221.86. 
  5.35     Sec. 3.  Minnesota Statutes 1994, section 221.031, 
  5.36  subdivision 3b, is amended to read: 
  6.1      Subd. 3b.  [PASSENGER TRANSPORTATION; EXEMPTIONS.] (a) A 
  6.2   person who transports passengers for hire in intrastate 
  6.3   commerce, who is not made subject to the rules adopted in 
  6.4   section 221.0314 by any other provision of this section, must 
  6.5   comply with the rules for hours of service of drivers while 
  6.6   transporting employees of an employer who is directly or 
  6.7   indirectly paying the cost of the transportation. 
  6.8      (b) This subdivision does not apply to: 
  6.9      (1) a local transit commission; 
  6.10     (2) a transit authority created by law; or 
  6.11     (3) persons providing transportation: 
  6.12     (i) in a school bus as defined in section 169.01, 
  6.13  subdivision 6; 
  6.14     (ii) in a Head Start bus as defined in section 169.01, 
  6.15  subdivision 80; 
  6.16     (iii) in a commuter van; 
  6.17     (iv) in an authorized emergency vehicle as defined in 
  6.18  section 169.01, subdivision 5; 
  6.19     (v) in special transportation service certified by the 
  6.20  commissioner under section 174.30; 
  6.21     (vi) that is special transportation service as defined in 
  6.22  section 174.29, subdivision 1, when provided by a volunteer 
  6.23  driver operating a private passenger vehicle as defined in 
  6.24  section 169.01, subdivision 3a; 
  6.25     (vii) in a limousine the service of which is licensed by 
  6.26  the commissioner under section 221.84 vehicle permitted to 
  6.27  provide livery service under section 221.86; or 
  6.28     (viii) in a taxicab, if the fare for the transportation is 
  6.29  determined by a meter inside the taxicab that measures the 
  6.30  distance traveled and displays the fare accumulated. 
  6.31     Sec. 4.  Minnesota Statutes 1994, section 221.091, is 
  6.32  amended to read: 
  6.33     221.091 [LIMITATIONS; RELATIONSHIP TO LOCAL REGULATION.] 
  6.34     No provision in sections 221.011 to 221.291 and 221.84 to 
  6.35  221.85 221.86 shall authorize the use by any carrier of any 
  6.36  public highway in any city of the first class in violation of 
  7.1   any charter provision or ordinance of such city in effect 
  7.2   January 1, 1925, unless and except as such charter provisions or 
  7.3   ordinance may be repealed after that date; nor shall sections 
  7.4   221.011 to 221.291 and 221.84 to 221.85 221.86 be construed as 
  7.5   in any manner taking from or curtailing the right of any city to 
  7.6   reasonably regulate or control the routing, parking, speed or 
  7.7   the safety of operation of a motor vehicle operated by any 
  7.8   carrier under the terms of those sections, or the general police 
  7.9   power of any such city over its highways; nor shall sections 
  7.10  221.011 to 221.291 and 221.84 to 221.85 221.86 be construed as 
  7.11  abrogating any provision of the charter of any such city 
  7.12  requiring certain conditions to be complied with before such 
  7.13  carrier can use the highways of such city and such rights and 
  7.14  powers herein stated are hereby expressly reserved and granted 
  7.15  to such city; but no such city shall prohibit or deny the use of 
  7.16  the public highways within its territorial boundaries by any 
  7.17  such carrier for transportation of passengers or property 
  7.18  received within its boundaries to destinations beyond such 
  7.19  boundaries, or for transportation of passengers or property from 
  7.20  points beyond such boundaries to destinations within the same, 
  7.21  or for transportation of passengers or property from points 
  7.22  beyond such boundaries through such municipality to points 
  7.23  beyond the boundaries of such municipality, where such operation 
  7.24  is pursuant to a certificate of convenience and necessity issued 
  7.25  by the commission or to a permit issued by the commissioner 
  7.26  under section 221.84 or 221.85 221.86.