HF 3420

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 01:17pm

A bill for an act
relating to public safety; conforming medical examination requirements for
commercial driver's license to federal law; amending Minnesota Statutes 2008,
sections 171.01, by adding subdivisions; 171.04, by adding a subdivision;
171.09, subdivision 1; 171.12, subdivisions 2a, 3; 171.162.

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

Section 1.

Minnesota Statutes 2008, section 171.01, is amended by adding a
subdivision to read:

new text begin Subd. 29a. new text end

new text begin Current medical waiver. new text end

new text begin "Current medical waiver" means:
new text end new text begin new text end

new text begin (1) a medical variance, as defined in Code of Federal Regulations, title 49, section
390.5, that has been granted to the applicant or licensee by the Federal Motor Carrier
Safety Administration and that is not expired, removed, or rescinded;
new text end new text begin new text end

new text begin (2) a waiver of physical qualifications that has been granted to the applicant or
licensee by the commissioner under section 171.321, subdivision 2, and rules adopted
under that section, and that is not expired or revoked; or
new text end new text begin new text end

new text begin (3) a waiver of physical qualifications that has been granted to the applicant or
licensee by the commissioner of transportation under section 221.0314, subdivision 3 or
3a, or rules adopted under that section, and that is not expired or revoked.
new text end

Sec. 2.

Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 36a. new text end

new text begin Interstate or foreign commerce. new text end

new text begin "Interstate or foreign commerce"
means (1) any trade, traffic, or transportation within the jurisdiction of the United States
between a place in a state and a place outside of that state, including a place outside of the
United States, and (2) trade, traffic, and transportation in the United States that affects any
trade, traffic, and transportation described in clause (1).
new text end

Sec. 3.

Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 36b. new text end

new text begin Intrastate commerce. new text end

new text begin "Intrastate commerce" means any trade, traffic,
or transportation that occurs entirely within the state of Minnesota and that is not interstate
or foreign commerce.
new text end

Sec. 4.

Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 38a. new text end

new text begin Medical examiner. new text end

new text begin "Medical examiner" has the meaning given in Code
of Federal Regulations, title 49, section 390.5.
new text end

Sec. 5.

Minnesota Statutes 2008, section 171.01, is amended by adding a subdivision
to read:

new text begin Subd. 49b. new text end

new text begin Valid medical examiner's certificate. new text end

new text begin "Valid medical examiner's
certificate" means a record, on a form prescribed by the department:
new text end new text begin new text end

new text begin (1) of a medical examiner's examination of a person who holds or is applying for a
class A, class B, or class C commercial driver's license;
new text end new text begin new text end

new text begin (2) upon which the medical examiner attests that the applicant or license holder is
physically qualified to drive a commercial motor vehicle; and
new text end new text begin new text end

new text begin (3) that is not expired.
new text end

Sec. 6.

Minnesota Statutes 2008, section 171.04, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Medical qualification for commercial driver's license. new text end

new text begin The department
shall not issue a class A, class B, or class C commercial driver's license to a person who:
new text end

new text begin (1) has not submitted the self-certification required under section 171.162,
subdivision 2; or
new text end

new text begin (2) has not submitted either a valid medical examiner's certificate or a current
medical waiver as required under section 171.162, subdivision 3.
new text end

Sec. 7.

Minnesota Statutes 2008, section 171.09, subdivision 1, is amended to read:

Subdivision 1.

Authority; violations.

(a) The commissioner, when good cause
appears, may impose restrictions suitable to the licensee's driving ability or other
restrictions applicable to the licensee as the commissioner may determine to be appropriate
to assure the safe operation of a motor vehicle by the licensee.

(b) Pursuant to Code of Federal Regulations, title 49, section 383.95, if an applicant
for a commercial driver's license either does not successfully complete the air brake
component of the knowledge test, or does not successfully complete the skills test
in a vehicle equipped with air brakes as such tests are prescribed in Code of Federal
Regulations, title 49, part 384, the department shall indicate on the class C, class B,
or class A commercial driver's license, if issued, that the individual is restricted from
operating a commercial motor vehicle equipped with air brakes.

new text begin (c) The commissioner shall restrict the operating privileges of a holder of a class
A, class B, or class C commercial driver's license in accordance with Code of Federal
Regulations, title 49, sections 383.73 and 383.95.
new text end

new text begin (d) The commissioner may restrict the operating privileges of a holder of a class
A, class B, or class C commercial driver's license to the extent that the restrictions
are authorized by section 221.0314, subdivision 3 or 3a, or rules adopted under those
subdivisions or section 221.031.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end Upon receiving satisfactory evidence of any violation of the restrictions on
the license, the commissioner may suspend or revoke the license. A license suspension
under this section is subject to section 171.18, subdivisions 2 and 3.

deleted text begin (d) deleted text end new text begin (f) new text end A person who drives, operates, or is in physical control of a motor vehicle
while in violation of the restrictions imposed in a restricted driver's license issued to that
person under this section is guilty of a crime as follows:

(1) if the restriction relates to the possession or consumption of alcohol or controlled
substances, the person is guilty of a gross misdemeanor; or

(2) if the restriction relates to another matter, the person is guilty of a misdemeanor.

Sec. 8.

Minnesota Statutes 2008, section 171.12, subdivision 2a, is amended to read:

Subd. 2a.

Alcohol concentration on driving record.

When a person's driver's
license or permit to drive is revoked or suspended pursuant to section 169A.52, or when a
person is convicted for violating section 169A.20, 169A.31, 169A.33, 360.0752, or 609.21,
and a test of the person's breath, urine, or blood has been made to determine the person's
alcohol concentration, the commissioner of public safety shall record the test results on the
person's driving record pertaining to that violation. The alcohol concentration is classified
as public data on individuals, as defined in section 13.02, subdivision 15, and must be kept
for the period of time specified in subdivision 3, clause deleted text begin (3) deleted text end new text begin (4) new text end .

Sec. 9.

Minnesota Statutes 2008, section 171.12, subdivision 3, is amended to read:

Subd. 3.

Application and record, when destroyed.

The department may cause
applications for drivers' licenses, provisional licenses, and instruction permits, and related
records, to be destroyed immediately after the period for which issued, except that:

(1) the driver's record pertaining to revocations, suspensions, cancellations,
disqualifications, convictions, and accidents is cumulative and must be kept for a period of
at least five years;

(2) the driver's record pertaining to violations of a driver or vehicle out-of-service
order must be kept for a period of at least ten years; deleted text begin and
deleted text end

new text begin (3) medical certificates and medical waivers submitted in accordance with section
171.162 must be kept for a period of at least three years from the date of issuance; and
new text end

deleted text begin (3) deleted text end new text begin (4) new text end the driver's record pertaining to felony convictions in the commission of
which a motor vehicle was used, to the alcohol-related offenses and licensing actions
listed in section 169A.03, subdivisions 20 and 21, to violations of section 169.09, to
violations of section 169A.31, and to violations of section 171.24, subdivision 5, must
be retained permanently.

Sec. 10.

Minnesota Statutes 2008, section 171.162, is amended to read:

171.162 COMMERCIAL DRIVER'S LICENSE, new text begin REQUIRED new text end RECORDS
deleted text begin CHECK deleted text end .

new text begin Subdivision 1. new text end

new text begin Driving record. new text end

As required by Code of Federal Regulations, title
49, section 383.73, before issuing a class A, class B, or class C commercial driver's
license, the department shall request the applicant's complete driving record from all
states where the applicant was previously licensed over the last ten years to operate any
type of motor vehicle.

new text begin Subd. 2. new text end

new text begin Applicant self-certification. new text end

new text begin As required by Code of Federal Regulations,
title 49, section 383.71, an applicant for a class A, class B, or class C commercial driver's
license shall certify, on a form prescribed by the department, whether:
new text end

new text begin (1) the applicant operates or expects to operate a class A, class B, or class C
motor vehicle in interstate or foreign commerce or is otherwise subject to the medical
examination requirements of Code of Federal Regulations, title 49, part 391;
new text end

new text begin (2) the applicant operates or expects to operate a class A, class B, or class C motor
vehicle in interstate or foreign commerce but is exempt from the medical examination
requirements of Code of Federal Regulations, title 49, part 391;
new text end

new text begin (3) the applicant operates or expects to operate a class A, class B, or class C
motor vehicle entirely in intrastate commerce, is not subject to the medical examination
requirements of Code of Federal Regulations, title 49, part 391, but is subject to the
medical examination requirements of chapter 221; or
new text end

new text begin (4) the applicant operates or expects to operate a class A, class B, or class C
motor vehicle entirely in intrastate commerce, is not subject to the medical examination
requirements of Code of Federal Regulations, title 49, part 391, and is exempt from the
medical examination requirements of chapter 221.
new text end

new text begin Subd. 3. new text end

new text begin Medical examiner's certificate; applicants. new text end

new text begin An applicant for a class A,
class B, or class C commercial driver's license who is subject to the medical examination
requirements of chapter 221 or Code of Federal Regulations, title 49, part 391, shall submit
a valid medical examiner's certificate or a current medical waiver to the department.
new text end

new text begin Subd. 4. new text end

new text begin Medical examiner's certificate; timely submission. new text end

new text begin The holder of a
class A, class B, or class C commercial driver's license who is subject to the medical
examination requirements of chapter 221 or Code of Federal Regulations, title 49, part
391, shall submit a valid medical examiner's certificate or a current medical waiver to
the department prior to the expiration of the certificate or waiver previously submitted
by the person.
new text end

new text begin Subd. 5. new text end

new text begin Medical examiner's certificate; existing licensees. new text end

new text begin By November 30,
2013, a person who holds a class A, class B, or class C commercial driver's license
as of August 1, 2013, shall submit to the department the self-certification described
in subdivision 2. If the licensee certifies that the licensee is subject to the medical
examination requirements of chapter 221 or Code of Federal Regulations, title 49, part
391, the licensee shall also submit to the department a valid medical examiner's certificate
or a current medical waiver. If the licensee fails to submit the self-certification or, if
required, a valid medical examiner's certificate or current medical waiver, the department
shall follow the notice and license downgrade procedures of subdivision 6.
new text end

new text begin Subd. 6. new text end

new text begin Downgrade of license; notice. new text end

new text begin (a) If a licensee has previously certified to
the department that the licensee is subject to the medical examination requirements of
chapter 221 or Code of Federal Regulations, title 49, part 391, the department shall send
written notice if the licensee's medical examiner's certificate or medical waiver has expired
or been removed, rescinded, or revoked. The notice must state that the commercial driver's
license will be downgraded to a class D driver's license unless, within 30 days of the date
of the notice, the licensee submits to the department:
new text end

new text begin (1) a valid medical examiner's certificate or a current medical waiver; or
new text end

new text begin (2) a new self-certification, as described in subdivision 2, in which the licensee
certifies that the licensee is subject to a different set of medical examination requirements
or exemptions than indicated on the licensee's previous self-certification, accompanied by
a valid medical examiner's certificate or a current medical waiver, if applicable.
new text end

new text begin (b) The department shall send the notice described in paragraph (a):
new text end

new text begin (1) by electronic mail to the electronic mail address provided by the licensee to
the department for that purpose;
new text end

new text begin (2) by facsimile transmission to the telephone number provided by the licensee to
the department for that purpose; or
new text end

new text begin (3) by mail, addressed to the licensee's last known address with postage prepaid.
new text end

new text begin (c) As applied to licensees who have previously certified they operate or expect
to operate motor vehicles in interstate or foreign commerce, the notice described in
paragraph (a) must conform to the requirements of Code of Regulations, title 49, section
383.73, paragraph (j).
new text end

new text begin (d) If the licensee does not submit a new self-certification but submits a valid
medical examiner's certificate or a current medical waiver within the 30-day period
described in paragraph (a), the commissioner shall take no action. If the licensee submits a
new self-certification as described in paragraph (a), along with a valid medical examiner's
certificate or a current medical waiver, as applicable, the commissioner shall restrict the
licensee's operating privileges to the extent required under section 171.09, subdivision
1, paragraph (c) or (d). If the licensee does not submit a new self-certification, a valid
medical examiner's certificate, or a current medical waiver within the 30-day period
described in paragraph (a), the commissioner shall remove the licensee's privilege to
operate a class A, class B, or class C motor vehicle.
new text end

new text begin Subd. 7. new text end

new text begin Rulemaking authority. new text end

new text begin The commissioner shall adopt rules to implement
and administer this section and section 171.09, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 5 is effective August 1, 2013. Subdivision 7 is
effective the day following final enactment.
new text end

Sec. 11. new text begin EFFECTIVE DATE.
new text end

new text begin Unless specifically provided otherwise, sections 1 to 10 are effective August 1, 2011.
new text end