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Minnesota Legislature

Office of the Revisor of Statutes

HF 2881

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 06:13pm

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

Current Version - 3rd Engrossment

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A bill for an act
relating to transportation; railroads; amending regulation of motor carriers of
railroad employees; imposing penalties; amending Minnesota Statutes 2012,
sections 169.781, subdivision 2; 221.0255.

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

Section 1.

Minnesota Statutes 2012, section 169.781, subdivision 2, is amended to read:


Subd. 2.

Inspection required.

(a) It is unlawful for a person to operate or permit
the operationnew text begin, in violation of the requirements of paragraph (b),new text end of:

(1) a commercial motor vehicle registered in Minnesota or a spotter truck; deleted text beginor
deleted text end

(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 chassisdeleted text begin, in
violation of the requirements of paragraph (b).
deleted text endnew text begin; or
new text end

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

(b) A vehicle described in paragraph (a):

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

(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.

Sec. 2.

Minnesota Statutes 2012, section 221.0255, is amended to read:


221.0255 MOTOR CARRIER OF RAILROAD EMPLOYEES.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "conviction" has the meaning given in section 609.02; and
new text end

new text begin (2) "on-duty time" means all time from the time a driver begins to work, or is
required to be in readiness to work, until the time the driver is relieved from work,
including: (i) driving time; (ii) time at a terminal, facility, or other property of a contract
carrier; (iii) time on any public or private property waiting to be dispatched; (iv) time
spent in working hours by a driver while under employment or agreement with another
employer who is not a motor carrier of railroad employees; and (v) time spent inspecting,
servicing, conditioning, or attending a vehicle.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

(a) A motor carrier of railroad employees must meet the
requirements specified in this section, is subject to section 221.291, and is otherwise
exempt from the provisions of this chapter.

(b) new text beginThe requirements of this section for a motor carrier of railroad employees or a
vehicle operator for a motor carrier of railroad employees apply in the same manner to any
entity that enters into an agreement with the carrier to transport railroad employees.
new text end

new text begin Subd. 3. new text end

new text begin Vehicle operator requirements. new text end

new text begin(a) new text endA vehicle operator for a motor carrier
of railroad employees who transports passengers must:

(1) have a valid driver's license under chapter 171; deleted text beginand
deleted text end

(2) submit to deleted text beginadeleted text end physical deleted text beginexamination.deleted text endnew text begin examinations that meet the requirements for
commercial motor vehicle operators under Code of Federal Regulations, title 49, sections
391.41 to 391.45, or successor requirements; and
new text end

new text begin (3) perform pretrip and posttrip vehicle inspections.
new text end

new text begin (b) A vehicle operator may not communicate over or otherwise operate a handheld
cellular phone when the vehicle is in motion or a part of traffic.
new text end

new text begin Subd. 4. new text end

new text begin Motor carrier of railroad employees; requirements. new text end

deleted text begin(c)deleted text endnew text begin (a)new text end Thenew text begin motor
new text end carriernew text begin of railroad employeesnew text end must implement a policy that provides for annual training
and certification of the operator in:

(1) safe operation of the vehicle transporting railroad employees;

(2) knowing and understanding relevant laws, rules of the road, and safety policies;

(3) handling emergency situations;

(4) proper use of seat belts;

(5) performance of pretrip and posttrip vehicle inspections, and inspection record
keeping; and

(6) proper maintenance of required records.

deleted text begin (d)deleted text endnew text begin (b)new text end Thenew text begin motornew text end carrier new text beginof railroad employees new text endmust:

(1) deleted text beginperformdeleted text endnew text begin confirm that the person is not disqualified under subdivision 6, by
performing
new text end anew text begin criminalnew text end background check deleted text beginor background investigationdeleted text end of the operatordeleted text begin;deleted text endnew text begin,
which must include:
new text end

new text begin (i) a criminal history check of the state criminal records repository; and
new text end

new text begin (ii) if the operator has resided in Minnesota less than five years, a criminal history
check from each state of residence for the previous five years;
new text end

(2) annually verify the operator's driver's license;

(3) document meeting the requirements in this subdivision, deleted text beginand maintain the file
deleted text endnew text begin which must include maintainingnew text end at the carrier's business locationdeleted text begin;deleted text endnew text begin:
new text end

new text begin (i) a driver qualification file on each operator who transports passengers under
this section; and
new text end

new text begin (ii) records of pretrip and posttrip vehicle inspections as required under subdivision
3, paragraph (a), clause (3);
new text end

(4) maintain liability insurance in a minimum amount of $5,000,000 regardless
of the seating capacity of the vehicle; deleted text beginand
deleted text end

(5) maintain uninsured and underinsured coverage in a minimum amount of
$1,000,000deleted text begin.deleted text endnew text begin; and
new text end

new text begin (6) ensure inspection of each vehicle operated under this section as provided under
section 169.781.
new text end

new text begin (c) A driver qualification file under paragraph (b), clause (3), must include:
new text end

new text begin (1) a copy of the operator's most recent medical examiner's certificate;
new text end

new text begin (2) a copy of the operator's current driver's license;
new text end

new text begin (3) documentation of annual license verification;
new text end

new text begin (4) documentation of annual training;
new text end

new text begin (5) documentation of any known violations of motor vehicle or traffic laws; and
new text end

new text begin (6) responses from previous employers, if required by the current employer.
new text end

new text begin (d) The driver qualification file must be retained for one year following the date of
separation of employment of the driver from the carrier. A record of inspection under
paragraph (b), clause (3), item (ii), must be retained for one year following the date of
inspection.
new text end

new text begin (e) new text endIf a party contracts with the motor carrier on behalf of the railroad to transport
the railroad employees, then the insurance requirements may be satisfied by either that
party or the motor carrier, so long as the motor carrier is a named insured or additional
insured under any policy.

new text begin Subd. 5. new text end

new text begin Vehicle; equipment. new text end

new text begin (a) No vehicle operator may transport passengers in a
motor vehicle that does not meet the requirements of this subdivision.
new text end

new text begin (b) A motor vehicle used to transport passengers under this section must be designed
to transport ten or fewer persons, including the driver.
new text end

new text begin (c) A motor carrier of railroad employees shall maintain the following on a motor
vehicle used to transport passengers:
new text end

new text begin (1) tires that meet the same requirements as for a motor vehicle under Code of
Federal Regulations, title 49, section 393.75, or successor requirements;
new text end

new text begin (2) a full-size spare tire that is fully inflated;
new text end

new text begin (3) properly functioning seat belts for the driver and every passenger being
transported;
new text end

new text begin (4) a properly functioning heater, defroster, and air conditioner;
new text end

new text begin (5) a windshield, side windows, and a rear window that are clear of any obstructions,
including but not limited to electronic devices and otherwise conform with the
requirements of section 169.71;
new text end

new text begin (6) a working cellular telephone or two-way radio capable of contacting personnel of
the railroad that employs the passengers being transported;
new text end

new text begin (7) a global positioning system device capable of identifying the vehicle's current
location;
new text end

new text begin (8) an emergency road kit, which must at a minimum contain a blanket, flares or
reflective triangles, jumper cables, and a secured fire extinguisher;
new text end

new text begin (9) a safety glass hammer or belt cutter;
new text end

new text begin (10) a location for personal baggage storage, so that all baggage can be secured in a
manner that prevents entry into or flight within the vehicle cabin; and
new text end

new text begin (11) vehicle identification marking that:
new text end

new text begin (i) identifies the legal or a single trade name of the motor carrier and bears an
inscription as determined by the commissioner identifying the vehicle as used by a motor
carrier of railroad employees;
new text end

new text begin (ii) is located on both sides of the vehicle;
new text end

new text begin (iii) is in letters that contrast sharply in color with the background on which the
letters are placed; and
new text end

new text begin (iv) is readily legible during daylight hours from a distance of 50 feet when the
vehicle is stationary.
new text end

new text begin Subd. 6. new text end

new text begin Driver disqualification; reporting. new text end

deleted text begin(e)deleted text endnew text begin (a)new text end A person who sustains a
conviction of violating section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's
license is revoked under sections 169A.50 to 169A.53 of the implied consent law, or who
is convicted of or has their driver's license revoked under a similar statute or ordinance
of another state, may not operate a vehicle under this subdivision for five years from the
date of conviction.

new text begin (b)new text end A person who sustains a conviction of a moving deleted text beginoffensedeleted text endnew text begin violationnew text end in violation of
chapter 169 within three years of the first of three other moving deleted text beginoffensesdeleted text endnew text begin violationsnew text end may not
operate a vehicle under this subdivision for one year from the date of the last conviction.

new text begin (c)new text end A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a vehicle under this
subdivision.

deleted text begin (f)deleted text endnew text begin (d)new text end An operator who sustains a conviction as described in paragraph deleted text begin(e)deleted text endnew text begin (a)
new text end while employed by the carrier shall report the conviction to the carrier within ten days of
the date of the conviction.

new text begin Subd. 7. new text end

new text begin Testing. new text end

deleted text begin(g)deleted text end A carrier must implement a mandatory alcohol and controlled
substance testing program as provided under sections 181.950 to 181.957 that consists of
preemployment testing, postaccident testing, random testing, reasonable suspicion testing,
return-to-duty testing, and follow-up testing.

new text begin Subd. 8. new text end

new text begin Hours of service. new text end

deleted text begin(h)deleted text endnew text begin (a)new text end A motor carrier of railroad employees shall not
allow or require a driver to drive or remain on duty for more than: ten hours after eight
consecutive hours off duty; 15 hours of combined on-duty time and drive time since last
obtaining eight consecutive hours of off-duty time; or 70 hours of on-duty and drive time
in any period of eight consecutive days. After 24 hours off duty, a driver begins a new
seven consecutive day period and on-duty time is reset to zero.

deleted text begin (i)deleted text endnew text begin (b)new text end An operator who encounters an emergency and cannot, because of that
emergency, safely complete a transportation assignment within the ten-hour maximum
driving time permitted under paragraph deleted text begin(h)deleted text endnew text begin (a)new text end, may drive for not more than two additional
hours in order to complete that transportation assignment or to reach a place offering
safety for the occupants of the vehicle and security for the transport motor vehicle, if the
transportation assignment reasonably could have been completed within the ten-hour
period absent the emergency.

deleted text begin (j)deleted text endnew text begin (c)new text end A carrier shall maintain and retain for a period of six months accurate time
records that show the time the driver reports for duty each daydeleted text begin;deleted text endnew text begin,new text end the total number of hours
of on-duty time for each driver for each daydeleted text begin;deleted text endnew text begin,new text end the time the driver is released from duty
each daydeleted text begin;deleted text endnew text begin,new text end and the total number of hours driven each day.

deleted text begin (k) For purposes of this subdivision, the following terms have the meanings given:
deleted text end

deleted text begin (1) "conviction" has the meaning given in section 609.02; and
deleted text end

deleted text begin (2) "on-duty time" means all time at a terminal, facility, or other property of a
contract carrier or on any public property waiting to be dispatched. On-duty time includes
time spent inspecting, servicing, or conditioning the vehicle.
deleted text end

new text begin Subd. 9. new text end

new text begin Inspection authority. new text end

new text begin Representatives of the Department of Transportation
and the State Patrol have the authority to enter, at a reasonable time and place, any vehicle
or facility of the carrier for purposes of random inspections, safety reviews, audits, or
accident investigations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end