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Minnesota Legislature

Office of the Revisor of Statutes

HF 2733

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2018 05:32pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to motor vehicles; amending annual commercial vehicle inspection
requirements; making technical and clarifying changes;amending Minnesota
Statutes 2016, section 169.781, subdivisions 1, 2, 3, 4, 6, 7, by adding a subdivision;
repealing Minnesota Statutes 2016, section 169.781, subdivisions 5, 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 169.781, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

new text begin(a) new text endFor purposes of sections 169.781 to 169.783deleted text begin:deleted text endnew text begin, the
following terms have the meanings given.
new text end

deleted text begin (a)deleted text endnew text begin (b)new text end "Commercial motor vehicle"deleted text begin:deleted text endnew text begin has the meaning given in section 169.011,
subdivision 16, paragraph (a), except that the term:
new text end

deleted text begin (1) means a motor vehicle as defined in section 169.011, subdivision 16, paragraph (a),
or combination of motor vehicles used to transport passengers or property if the motor
vehicle:
deleted text end

deleted text begin (i) has a gross vehicle weight of more than 26,000 pounds;
deleted text end

deleted text begin (ii) is a vehicle in a combination of more than 26,000 pounds;
deleted text end

deleted text begin (iii) is a bus; or
deleted text end

deleted text begin (iv) is of any size and is used in the transportation of hazardous materials that are required
to be placarded under Code of Federal Regulations, title 49, parts 100-185; and
deleted text end

new text begin (1) includes a combination of vehicles having a combined gross vehicle weight of more
than 26,000 pounds; and
new text end

(2) does not include (i) a school bus or Head Start bus displaying a certificate under
section 169.451, or (ii) a bus operated by the Metropolitan Council or by a local transit
commission creatednew text begin as providednew text end in chapter 458A.

deleted text begin (b)deleted text endnew text begin (c)new text end "Commissioner" means the commissioner of public safety.

deleted text begin (c)deleted text endnew text begin (d)new text end "Owner" means a person who owns, or has control, under a lease of more than
30 days' duration, of one or more commercial motor vehicles.

Sec. 2.

Minnesota Statutes 2016, section 169.781, subdivision 2, is amended to read:


Subd. 2.

Inspection required.

deleted text begin(a)deleted text end It is unlawful for a person to operate or permit the
operationdeleted text begin, in violation of the requirements of paragraph (b),deleted text end ofnew text begin any of the following without
carrying proof that the vehicle complies with federal motor vehicle inspection requirements
for vehicles in interstate commerce
new text end:

(1) a commercial motor vehicle registered in Minnesota;

(2) special mobile equipment as defined in section 168.002, subdivision 31, and which
is self-propelled, if it is mounted on a commercial motor vehicle chassis; or

(3) a vehicle used to transport passengers by a motor carrier of railroad employees under
section 221.0255.

deleted text begin (b) A vehicle described in paragraph (a):
deleted text end

deleted text begin (1) must display a valid safety inspection decal issued by an inspector certified by the
commissioner; or
deleted text end

deleted text begin (2) must carry (i) proof that the vehicle complies with federal motor vehicle inspection
requirements for vehicles in interstate commerce, and (ii) a certificate of compliance with
federal requirements issued by the commissioner under subdivision 9.
deleted text end

Sec. 3.

Minnesota Statutes 2016, section 169.781, subdivision 3, is amended to read:


Subd. 3.

Inspector certification;new text begin fee;new text end suspension and revocation; hearing.

(a) An
inspection required by this section may be performed only by:

(1) an employee of the Department of Public Safety or Transportation who has been
certified by the commissioner after having received training provided by the State Patrol;
or

(2) another person who has been certified by the commissioner after having received
training provided by the State Patrol or other training approved by the commissioner.

(b) A person who is not an employee of the Department of Public Safety or Transportation
may be certified by the commissioner if the person is:

(1) an owner, or employee of the owner, of one or more commercial motor vehicles that
are power units;

(2) a dealer licensed under section 168.27 and engaged in the business of buying and
selling commercial motor vehicles, or an employee of the dealer;

(3) engaged in the business of repairing and servicing commercial motor vehicles; or

(4) employed by a governmental agency that owns commercial vehicles.

(c) Certification of persons described in paragraph (b), clauses (1) to (4), is effective for
two years from the date of certification. The commissioner may require biennial retraining
of persons holding a certificate under paragraph (b) as a condition of renewal of the
certificate. The commissioner may charge a fee of not more than $10 for each certificate
issued and renewed. A certified person described in paragraph (b), clauses (1) to (4), may
charge a reasonable fee for each inspection of a vehicle not owned by the person or the
person's employer.

deleted text begin (d) Except as otherwise provided in subdivision 5, The standards adopted by the
commissioner for commercial motor vehicle inspections under sections 169.781 to 169.783
must be the standards prescribed in Code of Federal Regulations, title 49, section 396.17,
and in chapter III, subchapter B, appendix G.
deleted text end

deleted text begin (e)deleted text endnew text begin (d)new text end The commissioner may classify types of vehicles for inspection purposes and
may issue separate classes of inspector certificates for each class.

deleted text begin (f)deleted text endnew text begin (e)new text end The commissioner, after notice and an opportunity for a hearing, may suspend a
certificate issued under paragraph (b) for failure to meet annual certification requirements
prescribed by the commissioner or failure to inspect commercial motor vehicles in accordance
with inspection procedures established by the State Patrol. The commissioner shall revoke
a certificate issued under paragraph (b) if the commissioner determines after notice and an
opportunity for a hearing that the certified person issued an inspection deleted text begindecaldeleted text endnew text begin reportnew text end for a
commercial motor vehiclenew text begin indicating the vehicle complies with subdivision 3a,new text end when the
person knew or reasonably should have known that the vehicle was in such a state of repair
that it would have been declared out of service if inspected by an employee of the State
Patrol. Suspension and revocation of certificates under this subdivision are not subject to
sections 14.57 to 14.69.

Sec. 4.

Minnesota Statutes 2016, section 169.781, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Inspection standards. new text end

new text begin The standards adopted by the commissioner for
commercial motor vehicle inspections under sections 169.781 to 169.783 must be the
standards prescribed in Code of Federal Regulations, title 49, section 396.17, and in chapter
III, subchapter B, appendix G.
new text end

Sec. 5.

Minnesota Statutes 2016, section 169.781, subdivision 4, is amended to read:


Subd. 4.

Inspection report.

(a) A person performing an inspection under this section
shall issue an inspection report to the owner of the commercial motor vehicle inspected.
The report must include:

(1) the full name of the person performing the inspection, and the person's inspector
certification number;

(2) the name of the owner of the vehicle and, if applicable, the United States Department
of Transportation carrier number issued to the owner of the vehicle, or to the operator of
the vehicle if other than the owner;

(3) the vehicle identification number and, if applicable, the license plate number of the
vehicle;

(4) the date and location of the inspection;

(5) the vehicle components inspected and a description of the findings of the inspection,
including identification of the components not in compliance with federal motor carrier
safety regulations; deleted text beginand
deleted text end

(6) the inspector's certification that the inspection was complete, accurate, and in
compliance with the requirements of this sectionnew text begin; and
new text end

new text begin (7) an indication for whether the vehicle meets the inspection requirements under
subdivision 3a
new text end.

(b)new text begin An inspection report indicating a vehicle complies with subdivision 3a is valid for
12 months after the month of inspection.
new text end

new text begin (c)new text end The owner must retain deleted text begina copydeleted text endnew text begin copiesnew text end of the inspection report for at least 14 monthsnew text begin
(1)
new text end at a location in the state where the vehicle is domiciled or maintainednew text begin; and (2) in the
inspected vehicle
new text end. The inspector must maintain a copy of the inspection report for a period
of 14 months following the inspection in a location in the state where the inspector conducts
business. During this period the report must be available for inspection by an authorized
federal, state, or local official.

deleted text begin (c)deleted text endnew text begin (d)new text end The commissioner shall prescribe the form of the inspection report and revise it
as necessary to comply with state and federal law and regulations. The adoption of the report
form is not subject to the Administrative Procedure Act.

Sec. 6.

Minnesota Statutes 2016, section 169.781, subdivision 6, is amended to read:


Subd. 6.

Record review; random inspection; audit.

Employees of the State Patrol and
motor transportation representatives of the Department of Transportation may review records
required to be kept under subdivision 4, paragraph deleted text begin(b)deleted text endnew text begin (c)new text end, and conduct random vehicle
inspections and audits at the facility of an owner of a commercial motor vehicle.

Sec. 7.

Minnesota Statutes 2016, section 169.781, subdivision 7, is amended to read:


Subd. 7.

Disposition of revenues.

The commissioner deleted text beginshall paydeleted text endnew text begin must depositnew text end all revenues
received under this section deleted text beginto the commissioner of management and budget for depositdeleted text end in
the trunk highway fund.

Sec. 8. new text beginINSPECTION DECAL; CERTIFICATE OF COMPLIANCE.
new text end

new text begin (a) Notwithstanding section 9 of this act:
new text end

new text begin (1) an inspection decal issued prior to August 1, 2018, under Minnesota Statutes 2016,
section 169.781, subdivision 5, remains valid for the period indicated by the decal; and
new text end

new text begin (2) a certificate of compliance issued prior to August 1, 2018, under Minnesota Statutes
2016, section 169.781, subdivision 9, remains valid for the period indicated by the certificate.
new text end

new text begin (b) On or before June 30, 2019, the commissioners of public safety and transportation
must refund the full fee for any unused inspection decals issued under Minnesota Statutes,
section 169.781.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 169.781, subdivisions 5 and 9, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: HF2733-0

169.781 ANNUAL COMMERCIAL VEHICLE INSPECTION; INSPECTORS, FEE, PENALTY.

Subd. 5.

Inspection decal; violation, penalty.

(a) A person inspecting a commercial motor vehicle shall issue an inspection decal for the vehicle if each inspected component of the vehicle complies with federal motor carrier safety regulations. The decal must state that in the month specified on the decal the vehicle was inspected and each inspected component complied with federal motor carrier safety regulations. The decal is valid for 12 months after the month specified on the decal. The commissioners of public safety and transportation shall make decals available, at a fee of not more than $2 for each decal, to persons certified to perform inspections under subdivision 3, paragraph (b). Decals are issued to inspectors by serial number and are not transferable unless approved by the commissioner.

(b) A person who, with the intent to defraud, falsely makes, duplicates, alters, or forges a decal or other writing or thing purporting to be a Minnesota inspection decal described in this subdivision is guilty of a gross misdemeanor. A person who, with the intent to defraud, possesses a decal or other writing or thing falsely purporting to be a Minnesota inspection decal described in this subdivision is guilty of a gross misdemeanor.

Subd. 9.

Proof of federal inspection.

An owner of a commercial motor vehicle that is subject to and in compliance with federal motor vehicle inspection requirements for vehicles in interstate commerce may apply to the commissioner for a certificate of compliance with federal requirements. On payment of a fee equal to the fee for an inspection decal under subdivision 5, the commissioner shall issue the certificate to the applicant. This subdivision only applies to Minnesota-licensed vehicles that are not housed or maintained in Minnesota.