SF 1308

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to transportation; regulating motor carriers of railroad employees;
amending Minnesota Statutes 2008, sections 171.01, subdivision 22; 221.012,
subdivisions 26, 38, by adding a subdivision; 221.0252, by adding a subdivision;
221.0314, by adding a subdivision; 221.141, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 171.01, subdivision 22, is amended to read:

Subd. 22.

Commercial motor vehicle.

"Commercial motor vehicle" means a motor
vehicle or combination of motor vehicles used to transport passengers or property if
the motor vehicle:

(1) has a gross vehicle weight of more than 26,000 pounds;

(2) has a towed unit with a gross vehicle weight of more than 10,000 pounds and the
combination of vehicles has a combined gross vehicle weight of more than 26,000 pounds;

(3) is a bus;

(4) is of any size and is used in the transportation of hazardous materials that are
required to be placarded under Code of Federal Regulations, title 49, parts 100-185; deleted text begin or
deleted text end

(5) is outwardly equipped and identified as a school bus, except for type III vehicles
defined in section 169.011, subdivision 71, clause (5) deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) is used to transport passengers by a motor carrier of railroad employees, as
defined in section 221.012, subdivision 27a.
new text end

Sec. 2.

Minnesota Statutes 2008, section 221.012, subdivision 26, is amended to read:

Subd. 26.

Motor carrier of passengers.

"Motor carrier of passengers" means new text begin (1) new text end
a person engaged in the for-hire transportation of passengers in vehicles designed to
transport eight or more persons, including the driver new text begin , or (2) a motor carrier of railroad
employees new text end .

Sec. 3.

Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
to read:

new text begin Subd. 27a. new text end

new text begin Motor carrier of railroad employees. new text end

new text begin "Motor carrier of railroad
employees" means a motor carrier engaged in the for-hire transportation of railroad
employees of a class I or II common carrier, as defined in Code of Federal Regulations,
title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with
a common carrier, as defined in section 218.011, subdivision 10.
new text end

Sec. 4.

Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:

Subd. 38.

Small vehicle passenger service.

(a) "Small vehicle passenger service"
means a service provided by a person engaged in the for-hire transportation of passengers
in a vehicle designed to transport seven or fewer persons, including the driver.

(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small
vehicle passenger service" also includes for-hire transportation of persons who are certified
by the Metropolitan Council to use special transportation service provided under section
473.386, in a vehicle designed to transport not more than 15 persons including the driver,
that is equipped with a wheelchair lift and at least three wheelchair securement positions.

new text begin (c) "Small vehicle passenger service" does not include a motor carrier of railroad
employees.
new text end

Sec. 5.

Minnesota Statutes 2008, section 221.0252, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Motor carrier of railroad employees. new text end

new text begin (a) A driver for a motor carrier of
railroad employees who transports passengers:
new text end

new text begin (1) must have a valid type C, B, or A driver's license under chapter 171;
new text end

new text begin (2) is subject to the requirements in Code of Federal Regulations, title 49, parts
383.21 to 383.72, and successor rules; and
new text end

new text begin (3) is subject to the requirements for drivers of a commercial motor vehicle in
chapter 171.
new text end

new text begin (b) In the federal regulations specified in paragraph (a), clause (2), "commercial
motor vehicle" means any motor vehicle used to transport passengers by a motor carrier of
railroad employees.
new text end

Sec. 6.

Minnesota Statutes 2008, section 221.0314, is amended by adding a subdivision
to read:

new text begin Subd. 13. new text end

new text begin Alcohol and controlled substance use and testing. new text end

new text begin Code of Federal
Regulations, title 49, part 382, and successor rules, are incorporated by reference for
motor carriers of railroad employees.
new text end

Sec. 7.

Minnesota Statutes 2008, section 221.141, subdivision 1, is amended to read:

Subdivision 1.

Financial responsibility of carriers.

(a) No motor carrier and no
interstate carrier shall operate a vehicle until it has obtained and has in effect the minimum
amount of financial responsibility required by this section. Policies of insurance, surety
bonds, other types of security, and endorsements must be continuously in effect and must
remain in effect until canceled. Before providing transportation, the motor carrier or
interstate carrier shall secure and cause to be filed with the commissioner and maintain in
full effect, a certificate of insurance in a form required by the commissioner, evidencing
public liability insurance in the amount prescribed. The insurance must cover injuries and
damage to persons or property resulting from the operation or use of motor vehicles,
regardless of whether each vehicle is specifically described in the policy. This insurance
does not apply to injuries or death to the employees of the motor carrier or to property
being transported by the carrier.

(b) Notwithstanding any other provision of this chapter, the insurance required of
a motor carrier of passengers must be at least that amount required of interstate carriers
under Code of Federal Regulations, title 49, section 387.33, as amended. new text begin The minimum
insurance required of a motor carrier of railroad employees is the highest amount identified
under Code of Federal Regulations, title 49, section 387.33, as amended, regardless
of the seating capacity of the vehicle. The motor carrier of railroad employees shall
also maintain uninsured and underinsured coverage. If a party contracts with the motor
carrier on behalf of the railroad to transport the railroad employees, then the insurance
requirement may be satisfied by either that party or the motor carrier, so long as the motor
carrier is a named insured or additional insured under any policy.
new text end

(c) This section does not apply to a charitable organization exempt from taxation
under section 501(c)(3) of the Internal Revenue Code when the transportation furthers
the charitable organization's charitable mission. The charitable organization must comply
with the insurance requirements of section 65B.48.