1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to motor carriers; allowing personnel of 1.3 departments of transportation and public safety to 1.4 conduct joint or combined audits of motor carrier 1.5 records; requiring commissioner of public safety to 1.6 provide commissioner of transportation information on 1.7 traffic accidents involving commercial motor vehicles; 1.8 providing for enforcement authority of personnel of 1.9 departments of transportation and public safety 1.10 relating to motor carriers; conforming state statutes 1.11 to federal motor carrier safety regulations; providing 1.12 for the reauthorization of the uniform hazardous 1.13 materials registration and permit program for an 1.14 additional year; authorizing commissioner of 1.15 transportation to accept electronic signatures for 1.16 electronically transmitted motor carrier documents; 1.17 providing immunity from civil liability for certain 1.18 disclosures by motor carrier employers; providing for 1.19 hazardous waste transporter licensing under state law; 1.20 amending Minnesota Statutes 1996, sections 168.187, 1.21 subdivision 20; 169.09, subdivision 13; 169.85; 1.22 169.871, subdivisions 1 and 1a; 221.0314, subdivisions 1.23 1, 2, 6, 7, 9, 10, and 11; 221.0355, subdivisions 5 1.24 and 15; 221.221, subdivisions 2 and 4; 296.17, 1.25 subdivision 18; 296.171, subdivision 4; and 299D.06; 1.26 Laws 1994, chapter 589, section 8, as amended; 1.27 proposing coding for new law in Minnesota Statutes, 1.28 chapter 221. 1.29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.30 Section 1. Minnesota Statutes 1996, section 168.187, 1.31 subdivision 20, is amended to read: 1.32 Subd. 20. [JOINT OR RECIPROCAL AUDITS.] The commissioner 1.33 of public safety may make arrangements with the commissioner of 1.34 transportation and with agencies of other states administering 1.35 motor vehicle registration laws for joint or reciprocal audits 1.36 of any owner. 1.37 Sec. 2. Minnesota Statutes 1996, section 169.09, 2.1 subdivision 13, is amended to read: 2.2 Subd. 13. [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 2.3 APPROPRIATION.] (a) All written reports and supplemental reports 2.4 required under this section shall be for the use of the 2.5 commissioner of public safety and other appropriate state, 2.6 federal, county, and municipal governmental agencies for 2.7 accident analysis purposes, except: 2.8 (1) the commissioner of public safety or any law 2.9 enforcement agency shall, upon written request of any person 2.10 involved in an accident or upon written request of the 2.11 representative of the person's estate, surviving spouse, or one 2.12 or more surviving next of kin, or a trustee appointed pursuant 2.13 to section 573.02, disclose to the requester, the requester's 2.14 legal counsel, or a representative of the requester's insurer 2.15 the report required under subdivision 8; 2.16 (2) the commissioner of public safety shall, upon written 2.17 request, provide the driver filing a report under subdivision 7 2.18 with a copy of the report filed by the driver; 2.19 (3) the commissioner of public safety may verify with 2.20 insurance companies vehicle insurance information to enforce 2.21 sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 2.22 (4) the commissioner of public safety
may give toshall 2.23 provide the commissioner of transportation the name and address2.24 of a carrier subject to section 221.031 for use in enforcingthe 2.25 information obtained for each traffic accident report2.26 requirements under chapter 221involving a commercial motor 2.27 vehicle, for purposes of administering commercial vehicle safety 2.28 regulations; and 2.29 (5) the commissioner of public safety may give to the 2.30 United States Department of Transportation commercial vehicle 2.31 accident information in connection with federal grant programs 2.32 relating to safety. 2.33 (b) Accident reports and data contained in the reports 2.34 shall not be discoverable under any provision of law or rule of 2.35 court. No report shall be used as evidence in any trial, civil 2.36 or criminal, arising out of an accident, except that the 3.1 commissioner of public safety shall furnish upon the demand of 3.2 any person who has, or claims to have, made a report, or, upon 3.3 demand of any court, a certificate showing that a specified 3.4 accident report has or has not been made to the commissioner 3.5 solely to prove compliance or failure to comply with the 3.6 requirements that the report be made to the commissioner. 3.7 (c) Nothing in this subdivision prevents any person who has 3.8 made a report pursuant to this section from providing 3.9 information to any persons involved in an accident or their 3.10 representatives or from testifying in any trial, civil or 3.11 criminal, arising out of an accident, as to facts within the 3.12 person's knowledge. It is intended by this subdivision to 3.13 render privileged the reports required, but it is not intended 3.14 to prohibit proof of the facts to which the reports relate. 3.15 (d) Disclosing any information contained in any accident 3.16 report, except as provided in this subdivision, section 13.82, 3.17 subdivision 3 or 4, or other statutes, is a misdemeanor. 3.18 (e) The commissioner of public safety may charge authorized 3.19 persons a $5 fee for a copy of an accident report. 3.20 (f) The commissioner and law enforcement agencies may 3.21 charge commercial users who request access to response or 3.22 incident data relating to accidents a fee not to exceed 50 cents 3.23 per report. "Commercial user" is a user who in one location 3.24 requests access to data in more than five accident reports per 3.25 month, unless the user establishes that access is not for a 3.26 commercial purpose. Money collected by the commissioner under 3.27 this paragraph is appropriated to the commissioner. 3.28 Sec. 3. Minnesota Statutes 1996, section 169.85, is 3.29 amended to read: 3.30 169.85 [WEIGHING; PENALTY.] 3.31 The driver of a vehicle which has been lawfully stopped may 3.32 be required by a peacean officer to submit the vehicle and load 3.33 to a weighing by means of portable or stationary scales, and the 3.34 peaceofficer may require that the vehicle be driven to the 3.35 nearest available scales if the distance to the scales is no 3.36 further than five miles, or if the distance from the point where 4.1 the vehicle is stopped to the vehicle's destination is not 4.2 increased by more than ten miles as a result of proceeding to 4.3 the nearest available scales. Official traffic control devices 4.4 as authorized by section 169.06 may be used to direct the driver 4.5 to the nearest scale. When a truck weight enforcement operation 4.6 is conducted by means of portable or stationary scales and signs 4.7 giving notice of the operation are posted within the highway 4.8 right-of-way and adjacent to the roadway within two miles of the 4.9 operation, the driver of a truck or combination of vehicles 4.10 registered for or weighing in excess of 12,000 pounds shall 4.11 proceed to the scale site and submit the vehicle to weighing and 4.12 inspection. 4.13 Upon weighing a vehicle and load, as provided in this 4.14 section, an officer may require the driver to stop the vehicle 4.15 in a suitable place and remain standing until a portion of the 4.16 load is removed that is sufficient to reduce the gross weight of 4.17 the vehicle to the limit permitted under section 169.825. A 4.18 suitable place is a location where loading or tampering with the 4.19 load is not prohibited by federal, state, or local law, rule or 4.20 ordinance. A driver may be required to unload a vehicle only if 4.21 the weighing officer determines that (a) on routes subject to 4.22 the provisions of section 169.825, the weight on an axle exceeds 4.23 the lawful gross weight prescribed by section 169.825, by 2,000 4.24 pounds or more, or the weight on a group of two or more 4.25 consecutive axles in cases where the distance between the 4.26 centers of the first and last axles of the group under 4.27 consideration is ten feet or less exceeds the lawful gross 4.28 weight prescribed by section 169.825, by 4,000 pounds or more; 4.29 or (b) on routes designated by the commissioner in section 4.30 169.832, subdivision 11, the overall weight of the vehicle or 4.31 the weight on an axle or group of consecutive axles exceeds the 4.32 maximum lawful gross weights prescribed by section 169.825; or 4.33 (c) the weight is unlawful on an axle or group of consecutive 4.34 axles on a road restricted in accordance with section 169.87. 4.35 Material unloaded must be cared for by the owner or driver of 4.36 the vehicle at the risk of the owner or driver. 5.1 A driver of a vehicle who fails or refuses to stop and 5.2 submit the vehicle and load to a weighing as required in this 5.3 section, or who fails or refuses, when directed by an officer 5.4 upon a weighing of the vehicle, to stop the vehicle and 5.5 otherwise comply with the provisions of this section, is guilty 5.6 of a misdemeanor. 5.7 When used in this section, the word "officer" means a peace 5.8 officer or an employee of the department of public safety 5.9 described in section 299D.06. 5.10 Sec. 4. Minnesota Statutes 1996, section 169.871, 5.11 subdivision 1, is amended to read: 5.12 Subdivision 1. [CIVIL LIABILITY.] The owner or lessee of a 5.13 vehicle that is operated with a gross weight in excess of a 5.14 weight limit imposed under sections 169.825 and 169.832 to 5.15 169.851 and 169.87 or a shipper who ships or tenders goods for 5.16 shipment in a single truck or combination vehicle that exceeds a 5.17 weight limit imposed under sections 169.825 and 169.832 to 5.18 169.851 and 169.87 is liable for a civil penalty as follows: 5.19 (a) If the total gross excess weight is not more than 1,000 5.20 pounds, one cent per pound for each pound in excess of the legal 5.21 limit; 5.22 (b) If the total gross excess weight is more than 1,000 5.23 pounds but not more than 3,000 pounds, $10 plus five cents per 5.24 pound for each pound in excess of 1,000 pounds; 5.25 (c) If the total gross excess weight is more than 3,000 5.26 pounds but not more than 5,000 pounds, $110 plus ten cents per 5.27 pound for each pound in excess of 3,000 pounds; 5.28 (d) If the total gross excess weight is more than 5,000 5.29 pounds but not more than 7,000 pounds, $310 plus 15 cents per 5.30 pound for each pound in excess of 5,000 pounds; 5.31 (e) If the total gross excess weight is more than 7,000 5.32 pounds, $610 plus 20 cents per pound for each pound in excess of 5.33 7,000 pounds. 5.34 Any penalty imposed upon a defendant under this subdivision 5.35 shall not exceed the penalty prescribed by this subdivision. 5.36 Any fine paid by the defendant in a criminal overweight action 6.1 that arose from the same overweight violation shall be applied 6.2 toward payment of the civil penalty under this subdivision. A 6.3 peace officer or department of public safety employee described 6.4 in section 299D.06 who cites a driver for a violation of the 6.5 weight limitations established by sections 169.81 to 169.851 and 6.6 169.87 shall give written notice to the driver that the driver 6.7 or another may also be liable for the civil penalties provided 6.8 herein in the same or separate proceedings. 6.9 Sec. 5. Minnesota Statutes 1996, section 169.871, 6.10 subdivision 1a, is amended to read: 6.11 Subd. 1a. [SPECIAL PERMIT VIOLATIONS.] The owner or lessee 6.12 of a vehicle that is operated with a gross weight in excess of a 6.13 weight limit imposed by permit under sections 169.86 and 169.862 6.14 and a shipper who ships or tenders goods for shipment in a 6.15 single truck or combination vehicle that exceeds a weight limit 6.16 permitted under sections 169.86 or 169.862 is liable for a civil 6.17 penalty at a rate of five cents per pound for each pound in 6.18 excess of the weight permitted under section 169.86 or 169.862, 6.19 or $100, whichever is greater. 6.20 Any penalty imposed upon a defendant under this subdivision 6.21 shall not exceed the penalty prescribed by this subdivision. 6.22 Any fine paid by the defendant in a criminal overweight action 6.23 that arose from the same overweight violation may not be applied 6.24 toward payment of the civil penalty under this subdivision. A 6.25 peace officer or department of public safety employee described 6.26 in section 299D.06 who cites a driver for a violation of the 6.27 weight limitations established by permit pursuant to section 6.28 169.86 or 169.862 shall give written notice to the driver that 6.29 the driver or another may also be liable for the civil penalty 6.30 provided in this subdivision in the same or separate proceedings. 6.31 Sec. 6. Minnesota Statutes 1996, section 221.0314, 6.32 subdivision 1, is amended to read: 6.33 Subdivision 1. [APPLICABILITY.] (a) Intrastate motor 6.34 carriers , private carriers, and persons providing intrastate6.35 transportation described in section 221.025,must comply with 6.36 the rulesfederal regulations incorporated in this section. 7.1 Private carriers and persons providing intrastate transportation 7.2 described in section 221.025, must comply with the federal 7.3 regulations incorporated in this section to the extent required 7.4 by section 221.031. Every carrier and its officers, agents, 7.5 representatives, and employees responsible for managing, 7.6 maintaining, equipping, operating, or driving motor vehicles, or 7.7 hiring, supervising, training, assigning, or dispatching 7.8 drivers, must be instructed in and comply with the rules 7.9 incorporated in this section and shall require that its agents, 7.10 representatives, drivers, and employees comply. 7.11 (b) In the rules incorporated in subdivisions 2 to 11: 7.12 (1) the term "motor carrier" means a carrier required to 7.13 comply with this section by section 221.031; 7.14 (2) a reference to a federal agency or office means the 7.15 Minnesota department of transportation; and 7.16 (3) a reference to a federal administrative officer means 7.17 the commissioner of the Minnesota department of transportation. 7.18 Sec. 7. Minnesota Statutes 1996, section 221.0314, 7.19 subdivision 2, is amended to read: 7.20 Subd. 2. [QUALIFICATIONS OF DRIVERS.] Code of Federal 7.21 Regulations, title 49, part 391 and appendixes C,D ,and E, are 7.22 incorporated by reference except for sections 391.1;391.2; 7.23 391.11, paragraph (b)(1); 391.47; 391.49 , paragraphs (b) to (1);7.24 391.51, paragraphs (f) and (g); 391.62; 391.64; 391.67; 391.68; 7.25 391.69; 391.71; and those sections incorporated in section7.26 221.0313, subdivision 4391.73. In addition, thecross 7.27 references to Code of Federal Regulations, title 49, section7.28 391.62, 391.67, or 391.71 or to part 391, subpart G, found in7.29 Code of Federal Regulations, title 49, sections 391.11,7.30 paragraphs (a) and (b); 391.21, paragraph (a); 391.23, paragraph7.31 (a); 391.25; 391.27, paragraph (a); 391.31, paragraph (a);7.32 391.35, paragraph (a); 391.41, paragraph (a); and7.33 391.45,sections or paragraphs not incorporated in this 7.34 subdivision are not incorporated by reference. 7.35 Sec. 8. Minnesota Statutes 1996, section 221.0314, 7.36 subdivision 6, is amended to read: 8.1 Subd. 6. [DRIVING OF MOTOR VEHICLES.] Code of Federal 8.2 Regulations, title 49, part 392, is incorporated by reference ,8.3 except that sections 392.1, 392.2, and 392.30, paragraph (a), of8.4 that part, are not incorporated. 8.5 Sec. 9. Minnesota Statutes 1996, section 221.0314, 8.6 subdivision 7, is amended to read: 8.7 Subd. 7. [PARTS AND ACCESSORIES NECESSARY FOR SAFE 8.8 OPERATION.] Code of Federal Regulations, title 49, part 393, is 8.9 incorporated by reference ,except that sections 393.1, 393.3,8.10 and 393.5 of that part are not incorporatedfor paragraph (d) of 8.11 section 393.43. In addition, despite the first paragraph of 8.12 Code of Federal Regulations, title 49, section 393.95, a 8.13 lightweight vehicle must carry a fire extinguisher meeting the 8.14 requirements in Code of Federal Regulations, title 49, section 8.15 393.95. 8.16 Sec. 10. Minnesota Statutes 1996, section 221.0314, 8.17 subdivision 9, is amended to read: 8.18 Subd. 9. [HOURS OF SERVICE OF DRIVERS.] Code of Federal 8.19 Regulations, title 49, part 395, is incorporated by reference, 8.20 except that sections 395.3, paragraphs (d) to (f); 395.8,8.21 paragraphs (k)(2) and (l)(2);paragraphs (a), (c), (d), (f), 8.22 (i), (j), (l), (m), (n), and (o) of section 395.1 and section 8.23 395.13 ,of that part are not incorporated. In addition, the8.24 cross referencereferences to paragraph (e) in Code of Federal8.25 Regulations, title 49, section 395.3, paragraph (a), issections 8.26 or paragraphs not incorporated in this subdivision are not 8.27 incorporated by reference. The requirements of Code of Federal 8.28 Regulations, title 49, sections 395.3, paragraphs (a) and (b);8.29 and 395.8, paragraphs (a) to (k),part 395, do not apply to 8.30 drivers of lightweight vehicles. 8.31 Sec. 11. Minnesota Statutes 1996, section 221.0314, 8.32 subdivision 10, is amended to read: 8.33 Subd. 10. [INSPECTION, REPAIR, AND MAINTENANCE.] Code of 8.34 Federal Regulations, title 49, part 396, is incorporated by 8.35 reference, except that sections 396.1,396.9 , and; 396.11, 8.36 paragraph (d); 396.17 to; 396.19; 396.21; and 396.23 of that 9.1 part are not incorporated. 9.2 Sec. 12. Minnesota Statutes 1996, section 221.0314, 9.3 subdivision 11, is amended to read: 9.4 Subd. 11. [TRANSPORTING HAZARDOUS MATERIALS; DRIVING AND 9.5 PARKING.] A person who transports hazardous materials shall 9.6 comply with this section and rules adopted under section 221.031 9.7 when that person is transporting a hazardous material, hazardous 9.8 waste, or hazardous substance in a vehicle that must be marked 9.9 or placarded in accordance with Code of Federal Regulations, 9.10 title 49, section 172.504, incorporated by reference in section 9.11 221.033. Code of Federal Regulations, title 49, part 397, is 9.12 incorporated by reference , except that sections 397.1 to 397.39.13 of that part are not incorporated. A petroleum transport driver 9.14 shall not park on a public street adjacent to a bridge, tunnel, 9.15 dwelling, building, or place where persons work, congregate, or 9.16 assemble, except when necessary to unload. 9.17 Sec. 13. Minnesota Statutes 1996, section 221.0355, 9.18 subdivision 5, is amended to read: 9.19 Subd. 5. [HAZARDOUS WASTE TRANSPORTERS.] (a) A carrier 9.20 with its principal place of business in Minnesota or who 9.21 designates Minnesota as its base state shall file a disclosure 9.22 statement with and obtain a permit from the commissioner that 9.23 specifically authorizes the transportation of hazardous waste 9.24 before transporting a hazardous waste in Minnesota. A carrier 9.25 that designates another participating state as its base state 9.26 shall file a disclosure statement with and obtain a permit from 9.27 that state that specifically authorizes the transportation of 9.28 hazardous waste before transporting a hazardous waste in 9.29 Minnesota. A registration is valid for one year from the date a 9.30 notice of registration form is issued and a permit is valid for 9.31 three years from the date issued or until a carrier fails to 9.32 renew its registration, whichever occurs first. 9.33 (b) A disclosure statement must include the information 9.34 contained in part III of the uniform application. A person who 9.35 has direct management responsibility for a carrier's hazardous 9.36 waste transportation operations shall submit a full set of the 10.1 person's fingerprints, with the carrier's disclosure statement, 10.2 for identification purposes and to enable the commissioner to 10.3 determine whether the person has a criminal record. The 10.4 commissioner shall send the person's fingerprints to the Federal 10.5 Bureau of Investigation and shall request the bureau to conduct 10.6 a check of the person's criminal record. The commissioner shall 10.7 not issue a notice of registration or permit to a hazardous 10.8 waste transporter who has not made a full and accurate 10.9 disclosure of the required information or paid the fees required 10.10 by this subdivision. Making a materially false or misleading 10.11 statement in a disclosure statement is prohibited. 10.12 (c) The commissioner shall assess a carrier the actual 10.13 costs incurred by the commissioner for conducting the uniform 10.14 program's required investigation of the information contained in 10.15 a disclosure statement. 10.16 (d) A permit under this subdivision becomes a license under 10.17 section 221.035, subdivision 1, on August 1, 19971998, and is 10.18 subject to the provisions of section 221.035 until it expires. 10.19 Sec. 14. Minnesota Statutes 1996, section 221.0355, 10.20 subdivision 15, is amended to read: 10.21 Subd. 15. [HAZARDOUS WASTE LICENSES.] (a) From October 1, 10.22 1994, until August 1, 19971998, the commissioner shall not 10.23 register hazardous material transporters under section 221.0335 10.24 or license hazardous waste transporters under section 221.035. 10.25 A person who is licensed under section 221.035 need not obtain a 10.26 permit under subdivision 4 or 5 for the transportation of 10.27 hazardous waste in Minnesota, until the person's license has 10.28 expired. A carrier wishing to transport hazardous waste in 10.29 another participating state shall obtain a permit under the 10.30 uniform program authorizing the transportation. 10.31 (b) The commissioner may refund fees paid under section 10.32 221.035, minus a proportional amount calculated on a monthly 10.33 basis for each month that a hazardous waste transporter license 10.34 was valid, to a person who was issued a hazardous waste 10.35 transporter license after May 5, 1994, who applied for a permit 10.36 authorizing the transportation of hazardous waste under 11.1 subdivisions 4 and 5 before October 1, 1994, and who was 11.2 subsequently issued that permit under the uniform program. 11.3 Sec. 15. [221.173] [ELECTRONIC SIGNATURES.] 11.4 (a) The commissioner may accept in lieu of a required 11.5 document completed on paper, an electronically transmitted 11.6 document authenticated by an electronic signature. 11.7 (b) The commissioner shall consult with the commissioner of 11.8 administration, who shall provide advice and assistance in 11.9 establishing criteria and standards for authentication of 11.10 electronic signatures and establishing to a reasonable certainty 11.11 the validity, security, and linkage of a specific, unaltered, 11.12 electronically transmitted document, its unforged signature, and 11.13 its authorized signer. 11.14 (c) The commissioner may determine the technology or system 11.15 to be used, which may include a private key/public key system, 11.16 an encrypted or cryptology-based system, a pen-based, on-screen 11.17 signature system that captures and verifies an autograph and 11.18 links it to a specific document, or other system or technology 11.19 or combination of systems. 11.20 (d) To the extent consistent with this section, laws and 11.21 rules pertaining to paper-based documents also pertain to 11.22 electronically transmitted documents. 11.23 Sec. 16. Minnesota Statutes 1996, section 221.221, 11.24 subdivision 2, is amended to read: 11.25 Subd. 2. [ POLICE OFFICERENFORCEMENT POWERS.] 11.26 Transportation representativesprogram specialists and hazardous 11.27 material program specialists of the department, for the purpose 11.28 of enforcing the provisions of this chapter, sections 169.781 to 11.29 169.783 relating to commercial vehicle inspections, and section 11.30 296.17, subdivisions 10 and 17, relating to motor carrier 11.31 licenses and trip permits, and the applicable rules, orders, or 11.32 directives of the commissioner, the commissioner of revenue, and 11.33 the board issued under this chapter and chapter 296, but for no 11.34 other purpose, have the powers conferred by law upon police 11.35 officers. The powers include the authority to conduct 11.36 inspections at designated highway weigh stations or under other 12.1 appropriate circumstances. 12.2 Sec. 17. Minnesota Statutes 1996, section 221.221, 12.3 subdivision 4, is amended to read: 12.4 Subd. 4. [INSPECTION OF DOCUMENTS.] Records, log books, 12.5 certificates, licenses, shipping documents, or other papers or 12.6 documents required to be maintained in the carrier's files or in12.7 vehicles subject todetermine compliance with this chapter and 12.8 rules adopted under this chapter, must be presented for 12.9 inspection, upon request, to a peace officer or police officer 12.10 or other person empowered to enforce the provisions of this 12.11 chapter. 12.12 Sec. 18. [221.86] [IMMUNITY FOR MOTOR CARRIER EMPLOYERS.] 12.13 A motor carrier employer that discloses information about a 12.14 former employee in response to a request required by Code of 12.15 Federal Regulations, title 49, section 382.413, is immune from 12.16 civil liability for the disclosure and the consequences 12.17 proximately caused by the disclosure. 12.18 This section does not apply if it is proven by a 12.19 preponderance of the evidence that the motor carrier employer 12.20 knew the information disclosed about the former employee was 12.21 false at the time the disclosure was made. 12.22 Sec. 19. Minnesota Statutes 1996, section 296.17, 12.23 subdivision 18, is amended to read: 12.24 Subd. 18. [COOPERATIVE AUDITS.] The commissioner may make 12.25 arrangements with the commissioner of transportation and may 12.26 enter into agreements with the appropriate authorities of other 12.27 states having statutes similar to this act for the cooperative 12.28 audit of motor carriers' reports and returns. In performing any 12.29 such audit, or part thereof, the officers and employees of 12.30 the department of transportation and the other state or states 12.31 shall be deemed authorized agents of this state for such 12.32 purpose, and such audits, or parts thereof, shall have the same 12.33 effect as similar audits, or parts thereof, when made by the 12.34 commissioner. 12.35 Sec. 20. Minnesota Statutes 1996, section 296.171, 12.36 subdivision 4, is amended to read: 13.1 Subd. 4. [EXCHANGES OF INFORMATION.] The commissioner of 13.2 public safety may make arrangements or agreements with the 13.3 commissioner of transportation and other states to exchange 13.4 information for audit and enforcement activities in connection 13.5 with fuel tax licensing. The filing of fuel tax returns under 13.6 this section is subject to the rights, terms, and conditions 13.7 granted or contained in the applicable agreement or arrangement 13.8 made by the commissioner under the authority of this section. 13.9 Sec. 21. Minnesota Statutes 1996, section 299D.06, is 13.10 amended to read: 13.11 299D.06 [INSPECTIONS; WEIGHING.] 13.12 (a) Department personnel must be classified employees 13.13 assigned to the division of state patrol if they are employed to 13.14 enforce the: 13.15 (1) laws relating to motor vehicle equipment ,; school bus 13.16 equipment ,; drivers license,drivers' licenses; motor vehicle 13.17 registration ,; motor vehicle size and weight ,; motor carrier 13.18 insurance, registration, and safety; and motor vehicle petroleum 13.19 tax, to enforce public utilities commission rules relating to13.20 motor carriers, to enforcetaxes; 13.21 (2) pollution control agency rules relating to motor 13.22 vehicle noise abatement ,; and to enforce13.23 (3) laws relating to directing the movement of vehicles 13.24 shall be classified employees of the commissioner of public13.25 safety assigned to the division of state patrol. 13.26 (b) Employees engaged in these duties, while actually on 13.27 the job during their working hours only, shall have power to: 13.28 (1) issue citations in lieu of arrest and continued 13.29 detention; and to13.30 (2) prepare notices to appear in court for violation of 13.31 these laws and rules, in the manner provided in section 169.91, 13.32 subdivision 3. 13.33 They shall not be armed and, except as provided in this section, 13.34 shall have none of the other powers and privileges reserved to 13.35 peace officers including the power to enforce traffic laws and 13.36 regulations. 14.1 Sec. 22. Laws 1994, chapter 589, section 8, as amended by 14.2 Laws 1996, chapter 455, article 3, section 33, is amended to 14.3 read: 14.4 Sec. 8. [REPEALER.] 14.5 Minnesota Statutes 1992, section 221.033, subdivision 4, is 14.6 repealed. Section 5 is repealed effective August 1, 19971998. 14.7 Sec. 23. [HAZARDOUS WASTE TRANSPORTER LICENSING.] 14.8 Unless, before November 1, 1997, Congress specifically 14.9 reauthorizes the uniform hazardous materials permit program 14.10 created in the Hazardous Materials Transportation Uniform Safety 14.11 Act of 1990, United States Code, title 49 appendix, sections 14.12 18-19, subsection (c), the commissioner shall stop registering 14.13 and permitting hazardous material and hazardous waste 14.14 transporters on November 1, 1997, and shall revert to licensing 14.15 hazardous waste transporters under Minnesota Statutes, section 14.16 221.0335. A permit under Minnesota Statutes, section 221.0355, 14.17 becomes a hazardous waste transporter license under Minnesota 14.18 Statutes, section 221.0335.