SF 700

as introduced - 88th Legislature (2013 - 2014) Posted on 02/26/2013 08:29am

A bill for an act
relating to transportation; incorporating federal laws by reference; exempting
certain vehicles from hours of service requirements; exempting covered farm
vehicles from specified regulation; and modifying requirements for USDOT
numbers on farm trucks; amending Minnesota Statutes 2012, sections 168.185;
221.012, by adding a subdivision; 221.031, subdivision 2; 221.0314, subdivisions
9, 9a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 168.185, is amended to read:

168.185 USDOT NUMBERS.

(a) Except as provided in paragraph (d), an owner of a truck or truck-tractor having
a gross vehicle weight of more than 10,000 pounds, as defined in section 169.011,
subdivision 32, shall report to the commissioner at the time of registration its USDOT
carrier number. A person subject to this paragraph who does not have a USDOT number
shall apply for the number at the time of registration by completing a form MCS-150 Motor
Carrier Identification Report, issued by the Federal Motor Carrier Safety Administration,
or comparable document as determined by the commissioner. The commissioner shall not
assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph.

(b) Assigned USDOT numbers must be displayed as required by section 221.031,
subdivision 6. The vehicle owner shall notify the commissioner if there is a change to the
owner's USDOT number.

(c) If an owner fails to report or apply for a USDOT number, the commissioner shall
suspend the owner's registration.

(d) This section does not apply to (1) a farm truck that new text begin : (i) new text end is not used in interstate
commerce new text begin ; or (ii) does not leave the physical boundaries of the state new text end , (2) a vehicle that is
not used in intrastate commerce or interstate commerce, or (3) a vehicle that is owned
and used solely in the transaction of official business by the federal government, the
state, or any political subdivision.

Sec. 2.

Minnesota Statutes 2012, section 221.012, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Covered farm vehicle. new text end

new text begin (a) "Covered farm vehicle" means a motor
vehicle, including an articulated motor vehicle, that:
new text end

new text begin (1) is traveling in the state in which the vehicle is registered or another state;
new text end

new text begin (2) is operated by:
new text end

new text begin (i) a farm owner or operator;
new text end

new text begin (ii) a ranch owner or operator; or
new text end

new text begin (iii) an employee or family member of an individual specified in item (i) or (ii);
new text end

new text begin (3) is transporting to or from a farm or ranch:
new text end

new text begin (i) agricultural commodities;
new text end

new text begin (ii) livestock; or
new text end

new text begin (iii) machinery or supplies;
new text end

new text begin (4) except as provided in paragraph (b), is not used in the operations of a for-hire
motor carrier;
new text end

new text begin (5) is registered under section 168.018; and
new text end

new text begin (6) has a gross vehicle weight rating or gross vehicle weight, whichever is greater,
that is:
new text end

new text begin (i) 26,001 pounds or less; or
new text end

new text begin (ii) greater than 26,001 pounds and traveling within the state or within 150 air miles
of the farm or ranch with respect to which the vehicle is being operated.
new text end

new text begin (b) The term covered farm vehicle includes a motor vehicle that meets the
requirements of paragraph (a), other than paragraph (a), clause (4), and:
new text end

new text begin (1) is operated pursuant to a crop share farm lease agreement;
new text end

new text begin (2) is owned by a tenant with respect to that agreement; and
new text end

new text begin (3) is transporting the landlord's portion of the crops under that agreement.
new text end

Sec. 3.

Minnesota Statutes 2012, section 221.031, subdivision 2, is amended to read:

Subd. 2.

Private carriers; operating requirements, exemptions.

(a) This
subdivision applies to private carriers engaged in intrastate commerce.

(b) Private carriers operating vehicles with a gross vehicle weight of more than
10,000 pounds shall comply with those federal regulations incorporated by reference in:

(1) section 221.0314, subdivisions 2 to 5, for driver qualifications;

(2) section 221.0314, subdivision 9, for hours of service of drivers;

(3) section 221.0314, subdivision 6, for driving of motor vehicles;

(4) section 221.0314, subdivision 7, for parts and accessories necessary for safe
operation; and

(5) section 221.0314, subdivision 10, for inspection, repair, and maintenance.

(c) The rules for hours of service of drivers do not apply to private carriers who are
(1) public utilities as defined in section 216B.02, subdivision 4; (2) cooperative electric
associations organized under chapter 308A; (3) telephone companies as defined in section
237.01, subdivision 7; or (4) engaged in the transportation of construction materials, tools
and equipment from shop to job site or job site to job site, for use by the private carrier in
the new construction, remodeling, or repair of buildings, structures or their appurtenances.

(d) The rules for driver qualifications deleted text begin and deleted text end new text begin do not apply to covered farm vehicles. The
rules for new text end hours of service of drivers do not apply to vehicles deleted text begin controlled by a farmer and
operated by a farmer or farm employee to transport agricultural products, farm machinery,
or supplies to or from a farm if the vehicle is not used in the operations of a motor carrier
and deleted text end new text begin described in section 221.0314, subdivision 9a, when they are new text end not carrying hazardous
materials of a type or quantity that requires the vehicle to be marked or placarded in
accordance with section 221.033.

(e) The rules for driver qualifications do not apply to a driver employed by a private
carrier while operating a lightweight vehicle.

Sec. 4.

Minnesota Statutes 2012, section 221.0314, subdivision 9, is amended to read:

Subd. 9.

Hours of service of driver.

Code of Federal Regulations, title 49, part
395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (m),
and (n) of section 395.1 of that part are not incorporated. new text begin MAP-21, section 32101(d), is
incorporated by reference. new text end In addition, cross-references to sections or paragraphs not
incorporated in this subdivision are not incorporated by reference. The requirements of
Code of Federal Regulations, title 49, part 395, do not apply to drivers of lightweight
vehicles.

Sec. 5.

Minnesota Statutes 2012, section 221.0314, subdivision 9a, is amended to read:

Subd. 9a.

Hours of service exemptions.

The federal regulations incorporated in
subdivision 9 for maximum driving and on-duty time do not apply to deleted text begin drivers engaged in
the interstate or intrastate transportation of deleted text end :

new text begin (1) drivers transporting agricultural commodities from the source of the agricultural
commodities to a location within a 150 air-mile radius from the source;
new text end

new text begin (2) drivers transporting farm supplies for agricultural purposes from a wholesale or
retail distribution point of the farm supplies to a farm or other location where the farm
supplies are intended to be used within a 150 air-mile radius from the distribution point;
new text end

new text begin (3) drivers transporting farm supplies for agricultural purposes from a wholesale
distribution point of the farm supplies to a retail distribution point of the farm supplies
within a 150 air-mile radius from the wholesale distribution point;
new text end

deleted text begin (1) agricultural commodities or farm supplies for agricultural purposes in Minnesota
deleted text end new text begin (4) new text end during the planting and harvesting seasons from March 15 to December 15 of each
year; or

deleted text begin (2) deleted text end new text begin (5) while transporting new text end sugar beets during the harvesting season for sugar beets
from September 1 to May 15 of each year deleted text begin ; deleted text end new text begin .
new text end

deleted text begin if the transportation is limited to an area within a 100-air-mile radius from the source of
the commodities or the distribution point for the farm supplies.
deleted text end

Sec. 6.

Minnesota Statutes 2012, section 221.0314, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Exemptions for covered farm vehicles. new text end

new text begin (a) A covered farm vehicle,
including the operator of the vehicle, is exempt from the following:
new text end

new text begin (1) any requirement relating to commercial drivers' licenses under United States
Code, title 49, chapter 313, or Code of Federal Regulations, title 49, part 382, and
successor amendments;
new text end

new text begin (2) any requirement relating to drug testing under physical qualifications and
examinations under United States Code, title 49, chapter 311, subchapter III, United
States Code, title 49, chapter 313, and Code of Federal Regulations, title 49, part 383, and
successor amendments;
new text end

new text begin (3) any requirement relating to United States Code, title 49, chapter 315, or Code of
Federal Regulations, title 49, part 395, and successor amendments;
new text end

new text begin (4) any requirement relating to hours of service under United States Code, title
49, chapter 311, subchapter III, or Code of Federal Regulations, title 49, part 383, and
successor amendments; and
new text end

new text begin (5) any requirement relating to vehicle inspection, repair, and maintenance under
United States Code, title 49, chapter 311, subchapter III, or Code of Federal Regulations,
title 49, part 396, and successor amendments.
new text end

new text begin (b) Paragraph (a) does not apply to a covered farm vehicle transporting hazardous
materials that require a placard.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end