Minnesota Legislature
SF 1052
as introduced - 89th Legislature (2015 - 2016) Posted on 08/31/2015 03:46pm
Current Version - as introduced
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A bill for an act
relating to transportation; amending regulations governing commercial motor
vehicle inspection reports; amending Minnesota Statutes 2014, section 169.782,
subdivisions 1, 2, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 169.782, subdivision 1, is amended to read:
Subdivision 1.
Driver; daily inspectionnew text begin ,new text end report.
(a) The driver of a commercial
motor vehicle shall deleted text begin report in writingdeleted text end new text begin inspectnew text end at the completion of each day's work deleted text begin ondeleted text end each
commercial motor vehicle the driver has operated. A person who owns one or more
commercial motor vehicles and who employs drivers for those commercial motor vehicles
must require each driver to submit a written report as required by this section.new text begin The driver
of a commercial motor vehicle subject to this section is not required to prepare and submit
a written report if no defect or deficiency is discovered by or reported to the driver,
except that the driver of a passenger-carrying commercial motor vehicle shall prepare and
submit a written report regardless of whether any defect or deficiency is discovered by
or reported to the driver.
new text end
new text begin (b)new text end Thenew text begin inspection andnew text end report must cover the following parts and accessories: service
brakes, including trailer and semitrailer brake connections; parking (hand) brake; steering
mechanism; lighting devices and reflectors; tires; horn; windshield wiper or wipers; rear
vision mirror or mirrors; coupling devices; wheels and rims; and emergency equipment.
deleted text begin (b)deleted text end new text begin (c)new text end The report must identify the vehicle and list any defect or deficiency
discovered by or reported to the driver that would affect the safe operation of the vehicle or
result in its mechanical breakdown. If no defect or deficiency is discovered by or reported
to the driver, the report must so indicate. The driver must sign the report after completing
it. In the case of a commercial motor vehicle operated by two drivers, the signature of one
of the drivers satisfies the requirements of this subdivision if both drivers agree concerning
the defects or deficiencies. If a driver operates more than one commercial motor vehicle
during a day's work, a report must be prepared for each vehicle operated.
deleted text begin (c)deleted text end new text begin (d)new text end Before operating or allowing the operation of a commercial motor vehicle
on which a report has been prepared under this subdivision, the owner of the vehicle or
the owner's agent must repair defects or deficiencies listed on the report that would likely
affect the safe operation of the vehicle. Before allowing the commercial motor vehicle to
be operated again, the owner or the owner's agent must certify, on the report listing the
defect or deficiency, that the defect or deficiency has been corrected or that correction is
unnecessary. A motor carrier must keep the original vehicle inspection report for at least
three months after the date of inspection. The report must be available for inspection by
an authorized federal, state, or local official at any time during this period.
deleted text begin (d)deleted text end new text begin (e)new text end A copy of the vehicle inspection report, including a certification of corrections
resulting from the report, must be carried in the commercial motor vehicle, or in the power
unit of a commercial motor vehicle combination, at all times when the vehicle or power
unit is operated until the next inspection report is completed under this subdivision. The
copy must be made available on demand to (1) a peace officer, (2) a person authorized
under section 221.221, and (3) a person described in section 299D.06.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2014, section 169.782, subdivision 2, is amended to read:
Subd. 2.
Driver; pretrip inspection.
deleted text begin (a) Before drivingdeleted text end new text begin Prior to the first operation
ofnew text end a commercial motor vehiclenew text begin following completion of a daily inspection report under
subdivision 1new text end , a driver must:
(1) review the most recent vehicle inspection report on the vehicle;
(2) determine that the vehicle is in safe operating condition; and
(3) sign the inspection report in the vehicle.
The driver shall sign the report only if all defects and deficiencies listed in the report
have been certified as having been corrected or as not requiring correction.
deleted text begin
(b) If the commercial motor vehicle does not contain the previous day's inspection
report, the driver must make the inspection and complete the report required under
subdivision 1.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2014, section 169.782, subdivision 4, is amended to read:
Subd. 4.
Exceptions.
(a) deleted text begin With the exception of subdivision 2, paragraph (a), clause
(2),deleted text end This section does not apply to a commercial motor vehicle that is a farm truck that may
be operated by a person not holding a commercial driver's licensenew text begin , provided that before
driving the vehicle, a driver must determine that the vehicle is in safe operating conditionnew text end .
(b) This section does not apply to a commercial motor vehicle held for resale by a
motor vehicle dealer licensed under section 168.27.
(c) This section does not apply to a covered farm vehicle as defined in Code of
Federal Regulations, title 49, section 390.5, that is not carrying hazardous materials of
a type or quantity that requires the vehicle to be placarded in accordance with Code of
Federal Regulations, title 49, section 172.504.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end