HF 90

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drivers' licenses; allowing exemption from 
  1.3             drug and alcohol testing requirement for commercial 
  1.4             motor vehicle driver who works as relief, replacement, 
  1.5             or emergency snow plow operator; amending Minnesota 
  1.6             Statutes 1996, section 171.03. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 171.03, is 
  1.9   amended to read: 
  1.10     171.03 [PERSONS EXEMPT.] 
  1.11     Subdivision 1.  [EXEMPT FROM DRIVER'S LICENSE.] The 
  1.12  following persons are exempt from license hereunder the 
  1.13  licensing requirements of this chapter: 
  1.14     (1) a person in the employ or service of the United States 
  1.15  federal government while driving or operating a motor vehicle 
  1.16  owned by or leased to the United States federal government, 
  1.17  except that only a noncivilian operator of a commercial motor 
  1.18  vehicle owned or leased by the United States Department of 
  1.19  Defense or the Minnesota national guard is exempt from the 
  1.20  requirement to possess a valid commercial motor vehicle driver's 
  1.21  license; 
  1.22     (2) any person while driving or operating any farm tractor, 
  1.23  or implement of husbandry temporarily operated or moved on a 
  1.24  highway, and for purposes of this section an all-terrain 
  1.25  vehicle, as defined in section 84.92, subdivision 8, an 
  1.26  off-highway motorcycle, as defined in section 84.787, 
  2.1   subdivision 7, and an off-road vehicle, as defined in section 
  2.2   84.797, subdivision 7, are not implements of husbandry; 
  2.3      (3) a nonresident who is at least 15 years of age and who 
  2.4   has in immediate possession a valid driver's license issued to 
  2.5   the nonresident in the home state or country may operate a motor 
  2.6   vehicle in this state only as a driver; 
  2.7      (4) a nonresident who has in immediate possession a valid 
  2.8   commercial driver's license issued by a state in compliance with 
  2.9   the Commercial Motor Vehicle Safety Act of 1986, United States 
  2.10  Code, title 49, sections 521, 2304, and 2701 to 2716, and who is 
  2.11  operating in Minnesota the class of commercial motor vehicle 
  2.12  authorized by the issuing state; 
  2.13     (5) any nonresident who is at least 18 years of age, whose 
  2.14  home state or country does not require the licensing of drivers 
  2.15  may operate a motor vehicle as a driver, only for a period of 
  2.16  not more than 90 days in any calendar year if the motor vehicle 
  2.17  so operated is duly registered for the current calendar year in 
  2.18  the home state or country of such nonresident; 
  2.19     (6) any person who becomes a resident of the state of 
  2.20  Minnesota and who has in possession a valid driver's license 
  2.21  issued to the person under and pursuant to the laws of some 
  2.22  other state or province or by military authorities of the United 
  2.23  States may operate a motor vehicle as a driver, only for a 
  2.24  period of not more than 60 days after becoming a resident of 
  2.25  this state without being required to have a Minnesota driver's 
  2.26  license as provided in this chapter; 
  2.27     (7) any person who becomes a resident of the state of 
  2.28  Minnesota and who has in possession a valid commercial driver's 
  2.29  license issued by another state in compliance with the 
  2.30  Commercial Motor Vehicle Safety Act of 1986, United States Code, 
  2.31  title 49, sections 521, 2304, and 2701 to 2716, for not more 
  2.32  than 30 days after becoming a resident of this state; and 
  2.33     (8) any person operating a snowmobile, as defined in 
  2.34  section 84.81.  
  2.35     Subd. 2.  [EXEMPT FROM DRUG TESTING.] Pursuant to Public 
  2.36  Law Number 104, section 345, a person who holds a commercial 
  3.1   driver's license is exempt from section 221.0313 if the person: 
  3.2      (1) is employed by a town, statutory or home rule charter 
  3.3   city, or county or by a person contracting with the local unit 
  3.4   of government to provide snow removal services; 
  3.5      (2) works as a replacement, relief, or emergency operator 
  3.6   of a vehicle for the purpose of removing snow or ice from a 
  3.7   roadway by plowing, sanding, or salting; and 
  3.8      (3) operates the vehicle on an on-call or as-needed basis 
  3.9   when the usual operator is unable to operate the vehicle or is 
  3.10  in need of additional assistance due to a weather-related 
  3.11  emergency.  
  3.12     Sec. 2.  [EFFECTIVE DATE.] 
  3.13     Section 1 is effective the day following final enactment.