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Minnesota Legislature

Office of the Revisor of Statutes

SF 1876

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21
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10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6
11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15
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12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12
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14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6
15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17
15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10
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16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21
17.22 17.23 17.24 17.25 17.26
17.27 17.28 17.29 17.30 17.31
17.32 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8
18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16
18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34
19.35 20.1 20.2 20.3 20.4 20.5
20.6 20.7 20.8 20.9
20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21
21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33
21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7
22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33
22.34 23.1 23.2 23.3 23.4 23.5
23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30
24.31 24.32 24.33 24.34 24.35 25.1 25.2
25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10
25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24
25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25
26.26 26.27 26.28 26.29
26.30 26.31 26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5
27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18
27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 28.1 28.2
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29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26
29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10
30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32
30.33 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22
31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2
32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10
32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20
32.21 32.22 32.23 32.24
32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10
33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18
33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34
34.1 34.2 34.3 34.4 34.5
34.6 34.7 34.8
34.9 34.10 34.11 34.12 34.13 34.14 34.15
34.16 34.17

A bill for an act
relating to transportation; modifying and updating provisions relating to motor
carriers, highways, and the Department of Transportation; making clarifying
and technical changes; amending Minnesota Statutes 2008, sections 168.013,
subdivision 1e; 168.185; 169.025; 169.801, subdivision 10; 169.823, subdivision
1; 169.824; 169.8261; 169.827; 169.85, subdivision 2; 169.862, subdivision 2;
169.864, subdivisions 1, 2; 169.865, subdivisions 1, 2, 3, 4; 169.866, subdivision
1; 169.87, subdivision 2; 174.64, subdivision 4; 174.66; 221.012, subdivisions
19, 29; 221.021, subdivision 1; 221.022; 221.025; 221.026, subdivisions
2, 5; 221.0269, subdivision 3; 221.031, subdivisions 1, 3, 3c, 6; 221.0314,
subdivisions 2, 3a, 9; 221.033, subdivisions 1, 2; 221.121, subdivisions 1, 7;
221.122, subdivision 1; 221.123; 221.132; 221.151, subdivision 1; 221.161,
subdivisions 1, 4; 221.171; 221.172, subdivision 3; 221.185, subdivisions 2,
4, 5a, 9; 221.605, subdivision 1; 221.68; 221.81, subdivision 3d; repealing
Minnesota Statutes 2008, sections 169.67, subdivision 6; 169.826, subdivisions
1b, 5; 169.832, subdivisions 11, 11a; 221.012, subdivisions 2, 3, 6, 7, 11, 12,
21, 23, 24, 30, 32, 39, 40, 41; 221.031, subdivision 2b; 221.072; 221.101;
221.111; 221.121, subdivisions 2, 3, 5, 6, 6a, 6c, 6d, 6e, 6f; 221.131, subdivision
2a; 221.141, subdivision 6; 221.151, subdivisions 2, 3; 221.153; 221.172,
subdivisions 4, 5, 6, 7, 8; 221.296, subdivisions 3, 4, 5, 6, 7, 8.

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

Section 1.

Minnesota Statutes 2008, section 168.013, subdivision 1e, is amended to
read:


Subd. 1e.

Truck; tractor; combination; exceptions.

(a) On trucks and tractors
except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
combinations except those defined as farm combinations, and on commercial zone
vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
base rate schedule prescribed in this subdivision, but in no event less than $120.

Minnesota Base Rate Schedule

Scheduled taxes include five percent

surtax provided for in subdivision 14

TOTAL GROSS WEIGHT IN POUNDS
TAX
A
0
-
1,500
$
15
B
1,501
-
3,000
20
C
3,001
-
4,500
25
D
4,501
-
6,000
35
E
6,001
-
10,000
45
F
10,001
-
12,000
70
G
12,001
-
15,000
105
H
15,001
-
18,000
145
I
18,001
-
21,000
190
J
21,001
-
26,000
270
K
26,001
-
33,000
360
L
33,001
-
39,000
475
M
39,001
-
45,000
595
N
45,001
-
51,000
715
O
51,001
-
57,000
865
P
57,001
-
63,000
1015
Q
63,001
-
69,000
1185
R
69,001
-
73,280
1325
S
73,281
-
78,000
1595
T
78,001
-
80,000
1760

(b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.

(c) For each vehicle with a gross weight in excess of 80,000 pounds an additional
tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds, subject
to subdivision 12.

(d) For purposes of registration identification, for vehicles registered in the "O"
category, the owner must declare at the time of registration whether the vehicle will carry
a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle
use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive
weight sticker must be issued and the owner is restricted to a gross vehicle weight of
less than 55,000 pounds.

(e) Truck-tractors except those herein defined as farm and commercial zone vehicles
shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
applicant proposes to combine with the truck-tractor.

(f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
combinations which are operated by an interstate carrier registered under section 221.60,
or by deleted text beginan authorizeddeleted text end new text begina new text endcarrier receiving operating authority under chapter 221, and operated
solely within a zone exempt from regulation pursuant to United States Code, title 49,
section 13506.

(g) The license plates issued for commercial zone vehicles shall be plainly marked.
A person operating a commercial zone vehicle outside the zone or area in which its
operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor
penalty, the registrar shall revoke the registration of the vehicle as a commercial zone
vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax
prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded
during the balance of the registration year.

(h) On commercial zone trucks the tax shall be based on the total gross weight of
the vehicle and during each of the first eight years of vehicle life is 75 percent of the
Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
tax is 50 percent of the Minnesota base rate schedule.

(i) On trucks, truck-tractors and semitrailer combinations, except those defined
as farm trucks and farm combinations, and except for those commercial zone vehicles
specifically provided for in this subdivision, the tax for each of the first eight years of
vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and
during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota
base rate prescribed by this subdivision.

(j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
combination are semitrailers.

Sec. 2.

Minnesota Statutes 2008, 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 deleted text beginneed notdeleted text end new text beginmust new text endbe displayed deleted text beginon the outside of
the vehicle, but must be made available upon request of an authorized agent of the
commissioner, peace officer, other employees of the State Patrol authorized in chapter
299D, or employees of the Minnesota Department of Transportation
deleted text endnew text begin as required by section
221.031, subdivision 6
new text end. 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 is not used in interstate
commerce, (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. 3.

Minnesota Statutes 2008, section 169.025, is amended to read:


169.025 APPLICATION OF MOTOR CARRIER RULES.

Notwithstanding any provision of this chapter other than section 169.67, a vehicle,
driver, or carrier that is subject to deleted text beginadeleted text end new text beginthe new text endmotor carrier safety deleted text beginrule adopted under section
221.031
deleted text end new text beginregulations incorporated in section 221.0314 new text endor 221.605 shall comply with the
more stringent or additional requirement imposed by deleted text beginthatdeleted text end new text beginthe new text endmotor carrier safety deleted text beginruledeleted text endnew text begin
regulation
new text end.

Sec. 4.

Minnesota Statutes 2008, section 169.801, subdivision 10, is amended to read:


Subd. 10.

Brakes.

Notwithstanding section 169.67:

(a) A self-propelled implement of husbandry must be equipped with brakes adequate
to control its movement and to stop and hold it and any vehicle it is towing.

(b) A towed implement of husbandry must be equipped with brakes adequate to
control its movement and to stop and hold it if:

(1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured
and sold after January 1, 1994;

(2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a
vehicle other than a self-propelled implement of husbandry; or

(3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a
registered passenger automobile other than a pickup truck as defined in section 168.002,
subdivision 26
.

(c) If a towed implement of husbandry deleted text beginwith a gross vehicle weight of more than
6,000 pounds
deleted text end is required under paragraph (b) to have brakesnew text begin and was manufactured after
January 1, 2011
new text end, it must also deleted text beginhave brakes adequate to stop and hold it if it becomes
detached from the towing vehicle
deleted text endnew text begin be equipped with brakes as required in section 169.67,
subdivision 3, paragraph (b)
new text end.

Sec. 5.

Minnesota Statutes 2008, section 169.823, subdivision 1, is amended to read:


Subdivision 1.

Pneumatic-tired vehicle.

No vehicle or combination of vehicles
equipped with pneumatic tires shall be operated upon the highways of this state:

(1) where the gross weight on any wheel exceeds 9,000 poundsdeleted text begin, except that on
paved county state-aid highways, paved county roads, designated local routes, and state
trunk highways the gross weight on any single wheel shall not exceed
deleted text end new text beginon an unpaved
street or highway or
new text end10,000 pounds new text beginon a paved street or highway, new text endunless posted to a lesser
weight under section 169.87, subdivision 1;

(2) where the gross weight on any single axle exceeds 18,000 poundsdeleted text begin, except that on
paved county state-aid highways, paved county roads, designated local routes, and state
trunk highways the gross weight on any single axle shall not exceed
deleted text endnew text begin on an unpaved street
or highway or
new text end 20,000 pounds new text beginon a paved street or highway, new text endunless posted to a lesser
weight under section 169.87, subdivision 1;

(3) where the maximum wheel load:

(i) on the foremost and rearmost steering axles, exceeds 600 pounds per inch of tire
width or the manufacturer's recommended load, whichever is less; or

(ii) on other axles, exceeds 500 pounds per inch of tire width or the manufacturer's
recommended load, whichever is less;new text begin ornew text end

deleted text begin (4) where the gross weight on any axle of a tridem exceeds 15,000 pounds, except
that for vehicles to which an additional axle has been added prior to June 1, 1981, the
maximum gross weight on any axle of a tridem may be up to 16,000 pounds provided the
gross weight of the tridem combination does not exceed 39,900 pounds where the first
and third axles of the tridem are spaced nine feet apart;
deleted text end

deleted text begin (5)deleted text end new text begin(4) new text endwhere the gross weight on any group of axles exceeds the weights permitted
under sections 169.822 to 169.829 with any or all of the interior axles disregarded, and
with an exterior axle disregarded if the exterior axle is a variable load axle that is not
carrying its intended weight, and their gross weights subtracted from the gross weight of
all axles of the group under consideration.

Sec. 6.

Minnesota Statutes 2008, section 169.824, is amended to read:


169.824 GROSS WEIGHT SCHEDULE.

Subdivision 1.

Table of axle weight limits.

(a) No vehicle or combination of
vehicles equipped with pneumatic tires shall be operated upon the highways of this state
where the total gross weight on any group of two or more consecutive axles of any vehicle
or combination of vehicles exceeds that given in the following table for the distance
between the centers of the first and last axles of any group of two or more consecutive
axles under consideration; unless otherwise noted, the distance between axles being
measured longitudinally to the nearest even foot, and when the measurement is a fraction
of exactly one-half foot the next largest whole number in feet shall be used, except that
when the distance between axles is more than three feet four inches and less than three
feet six inches the distance of four feet shall be used:

Maximum gross weight in pounds on a group of
2
3
4
Distances in feet
between centers
of foremost and
rearmost axles of a
group
consecutive axles
of a 2-axle vehicle
or deleted text beginofdeleted text end any deleted text beginvehicle
or
deleted text end combination of
vehicles having a
total of 2 or more
axles
consecutive axles
of a 3-axle vehicle
or deleted text beginofdeleted text end any deleted text beginvehicle
or
deleted text end combination of
vehicles having a
total of 3 or more
axles
consecutive axles of a
4-axle vehicle or any
combination of vehicles
having a total of 4 or
more axles
4
34,000
5
34,000
6
34,000
7
34,000
37,000
8
34,000
38,500
8 plus
34,000
42,000
(38,000)
9
35,000
43,000
(39,000)
10
36,000
43,500
49,000
(40,000)
11
36,000
44,500
49,500
12
45,000
50,000
13
46,000
51,000
14
46,500
51,500
15
47,500
52,000
16
48,000
53,000
17
49,000
53,500
18
49,500
54,000
19
50,500
55,000
20
51,000
55,500
21
52,000
56,000
22
52,500
57,000
23
53,500
57,500
24
54,000
58,000
25
(55,000)
59,000
26
(55,500)
59,500
27
(56,500)
60,000
28
(57,000)
61,000
29
(58,000)
61,500
30
(58,500)
62,000
31
(59,500)
63,000
32
(60,000)
63,500
33
64,000
34
65,000
35
65,500
36
66,000
37
67,000
38
67,500
39
68,000
40
69,000
41
69,500
42
70,000
43
71,000
44
71,500
45
72,000
46
72,500
47
(73,500)
48
(74,000)
49
(74,500)
50
(75,500)
51
(76,000)
new text begin 52
new text end
new text begin (76,500)
new text end
new text begin 53
new text end
new text begin (77,500)
new text end
new text begin 54
new text end
new text begin (78,000)
new text end
new text begin 55
new text end
new text begin (78,500)
new text end
new text begin 56
new text end
new text begin (79,500)
new text end
new text begin 57
new text end
new text begin (80,000)
new text end

The maximum gross weight on a group of three consecutive axles where the distance
between centers of foremost and rearmost axles is listed as seven feet or eight feet applies
only to vehicles manufactured before August 1, 1991.

"8 plus" refers to any distance greater than eight feet but less than nine feet.

Maximum gross weight in pounds on a group of
5
6
7
new text begin 8
new text end
Distances in
feet between
centers of
foremost and
rearmost axles
of a group
consecutive
axles of a 5-axle
vehicle or any
combination of
vehicles having
a total of 5 or
more axles
consecutive
axles of a new text begin6-axle
vehicle or any
new text endcombination of
vehicles having
a total of 6 or
more axles
consecutive
axles of a new text begin7-axle
vehicle or any
new text endcombination of
vehicles having
a total of 7 or
more axles
new text begin consecutive axles
of an 8-axle vehicle
or any combination
of vehicles having
a total of 8 or more
axles
new text end
14
57,000
15
57,500
16
58,000
17
59,000
18
59,500
19
60,000
20
60,500
66,000
72,000
21
61,500
67,000
72,500
22
62,000
67,500
73,000
23
62,500
68,000
73,500
24
63,000
68,500
74,000
25
64,000
69,000
75,000
26
64,500
70,000
75,500
27
65,000
70,500
76,000
28
65,500
71,000
76,500
29
66,500
71,500
77,000
30
67,000
72,000
77,500
31
67,500
73,000
78,500
32
68,000
73,500
79,000
33
69,000
74,000
79,500
34
69,500
74,500
80,000
35
70,000
75,000
new text begin (80,500)
new text end
new text begin (86,000)
new text end
36
70,500
76,000
new text begin (81,000)
new text end
new text begin (86,500)
new text end
37
71,500
76,500
new text begin (81,500)
new text end
new text begin (87,000)
new text end
38
72,000
77,000
new text begin (82,000)
new text end
new text begin (87,500)
new text end
39
72,500
77,500
new text begin (82,500)
new text end
new text begin (88,500)
new text end
40
73,000
78,000
new text begin (83,500)
new text end
new text begin (89,000)
new text end
41
deleted text begin(74,000)deleted text end new text begin74,000new text end
79,000
new text begin (84,000)
new text end
new text begin (89,500)
new text end
42
deleted text begin(74,500)deleted text end new text begin74,500new text end
79,500
new text begin (84,500)
new text end
new text begin (90,000)
new text end
43
deleted text begin(75,000)deleted text end new text begin75,000new text end
80,000
new text begin (85,000)
new text end
new text begin (90,500)
new text end
44
deleted text begin(75,500)deleted text end new text begin75,500new text end
new text begin (80,500)
new text end
new text begin (85,500)
new text end
new text begin (91,000)
new text end
45
deleted text begin(76,500)deleted text end new text begin76,500new text end
new text begin (81,000)
new text end
new text begin (86,000)
new text end
new text begin (91,500)
new text end
46
deleted text begin(77,000)deleted text end new text begin77,000new text end
new text begin (81,500)
new text end
new text begin (87,000)
new text end
new text begin (92,500)
new text end
47
deleted text begin(77,500)deleted text end new text begin77,500new text end
new text begin (82,000)
new text end
new text begin (87,500)
new text end
new text begin (93,000)
new text end
48
deleted text begin(78,000)deleted text end new text begin78,000new text end
new text begin (83,000)
new text end
new text begin (88,000)
new text end
new text begin (93,500)
new text end
49
deleted text begin(79,000)deleted text end new text begin79,000new text end
new text begin (83,500)
new text end
new text begin (88,500)
new text end
new text begin (94,000)
new text end
50
deleted text begin(79,500)deleted text end new text begin79,500new text end
new text begin (84,000)
new text end
new text begin (89,000)
new text end
new text begin (94,500)
new text end
51
deleted text begin(80,000)deleted text end new text begin80,000new text end
new text begin (84,500)
new text end
new text begin (89,500)
new text end
new text begin (95,000)
new text end
new text begin 52
new text end
new text begin (80,500)
new text end
new text begin (85,000)
new text end
new text begin (90,500)
new text end
new text begin (95,500)
new text end
new text begin 53
new text end
new text begin (81,000)
new text end
new text begin (86,000)
new text end
new text begin (91,000)
new text end
new text begin (96,500)
new text end
new text begin 54
new text end
new text begin (81,500)
new text end
new text begin (86,500)
new text end
new text begin (91,500)
new text end
new text begin (97,000)
new text end
new text begin 55
new text end
new text begin (82,500)
new text end
new text begin (87,000)
new text end
new text begin (92,000)
new text end
new text begin (97,500)
new text end
new text begin 56
new text end
new text begin (83,000)
new text end
new text begin (87,500)
new text end
new text begin (92,500)
new text end
new text begin (98,000)
new text end
new text begin 57
new text end
new text begin (83,500)
new text end
new text begin (88,000)
new text end
new text begin (93,000)
new text end
new text begin (98,500)
new text end
new text begin 58
new text end
new text begin (84,000)
new text end
new text begin (89,000)
new text end
new text begin (94,000)
new text end
new text begin (99,000)
new text end
new text begin 59
new text end
new text begin (85,000)
new text end
new text begin (89,500)
new text end
new text begin (94,500)
new text end
new text begin (99,500)
new text end
new text begin 60
new text end
new text begin (85,500)
new text end
new text begin (90,000)
new text end
new text begin (95,000)
new text end
new text begin (100,500)
new text end
new text begin 61
new text end
new text begin (95,500)
new text end
new text begin (101,000)
new text end
new text begin 62
new text end
new text begin (96,000)
new text end
new text begin (101,500)
new text end
new text begin 63
new text end
new text begin (96,500)
new text end
new text begin (102,000)
new text end
new text begin 64
new text end
new text begin (97,000)
new text end
new text begin (102,500)
new text end
new text begin 65
new text end
new text begin (103,000)
new text end
new text begin 66
new text end
new text begin (103,500)
new text end
new text begin 67
new text end
new text begin (104,500)
new text end
new text begin 68
new text end
new text begin (105,000)
new text end
new text begin 69
new text end
new text begin (105,500)
new text end
new text begin 70
new text end
new text begin (106,000)
new text end
new text begin 71
new text end
new text begin (106,500)
new text end
new text begin 72
new text end
new text begin (107,000)
new text end
new text begin 73
new text end
new text begin (107,500)
new text end
new text begin 74
new text end
new text begin (108,000)
new text end

The gross weights shown deleted text beginindeleted text endnew text begin withoutnew text end parentheses in this table are deleted text beginpermitted only on
state trunk highways and routes designated under section 169.832, deleted text beginsubdivisiondeleted text end 11.
deleted text endnew text begin
allowed on unpaved streets and highways, unless posted to a lesser weight under section
169.87, subdivision 1. The gross weights shown in this table, whether within or without
parentheses, are allowed on paved streets and highways, unless posted to a lesser weight
under section 169.87, subdivision 1. Gross weights in excess of 80,000 pounds require an
overweight permit under this chapter, unless otherwise allowed under section 169.826.
new text end

(b) Notwithstanding any lesser weight in pounds shown in this table but subject to
the restrictions on gross vehicle weights in subdivision 2, paragraph (a), two consecutive
sets of tandem axles may carry a gross load of 34,000 pounds each and a combined gross
load of 68,000 pounds provided the overall distance between the first and last axles of
the consecutive sets of tandem axles is 36 feet or more.

Subd. 2.

Gross vehicle weight of all axles; credit for idle reduction technology.

(a) deleted text beginNotwithstanding the provisions of section 169.85,deleted text end The gross vehicle weight of all axles
of a vehicle or combination of vehicles must not exceed:

(1) 80,000 pounds for any vehicle or combination of vehicles on all deleted text begin(i) trunk
highways as defined in section 160.02, subdivision 29, (ii) routes designated under section
169.832, subdivision 11, and (iii) paved nine-ton routes
deleted text endnew text begin streets and highways, unless
posted at a lower axle weight under section 169.87, subdivision 1
new text end;new text begin and
new text end

(2) 88,000 pounds for any vehicle or combination of vehicles with six or more
axles while exclusively engaged in hauling livestock on all state trunk highways other
than interstate highways, if the vehicle has a permit under section 169.86, subdivision 5,
paragraph (k)deleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) 73,280 pounds for any vehicle or combination of vehicles with five axles or less
on all routes, other than routes identified in clause (1).
deleted text end

(b) Notwithstanding the maximum weight provisions of this section deleted text beginand section
169.85
deleted text end, and in order to promote the reduction of fuel use and emissions deleted text beginbecause of engine
idling
deleted text end, the maximum gross vehicle weight limits and the axle weight limits for any motor
vehicle subject to sections 169.80 to 169.88 and equipped with idle reduction technology
new text begin or emissions-reduction technology new text endmust be increased by the amount of weight necessary
to compensate for the weight of the idle reduction technologynew text begin or emissions-reduction
technology
new text end, not to exceed 400 pounds. At the request of an authorized representative
of the Department of Transportation or the Department of Public Safety, the vehicle
operator shall provide proof that the vehicle is equipped with this technology through
documentation or demonstration.

Sec. 7.

Minnesota Statutes 2008, section 169.8261, is amended to read:


169.8261 GROSS WEIGHT LIMITATIONS; FOREST PRODUCTS.

new text begin Subdivision 1. new text end

new text begin Exemption. new text end

(a) deleted text beginA vehicle or combination of vehicles haulingdeleted text end new text beginFor
purposes of this section, "
new text endraw or unfinished forest productsdeleted text begin, includingdeleted text endnew text begin" includenew text end wood
chips, paper, pulp, oriented strand board, laminated strand lumber, hardboard, treated
lumber, untreated lumber, or barrel stavesdeleted text begin,deleted text endnew text begin.
new text end

new text begin (b) In compliance with this section, a person may operate a vehicle or combination
of vehicles to haul raw or unfinished forest products
new text end by the most direct route to the nearest
new text begin paved new text endhighway deleted text beginthat has beendeleted text end deleted text begindesignateddeleted text end deleted text beginunder section 169.832, subdivision 11, may be
operated
deleted text end on any highway with gross weights permitted under sections 169.822 to 169.829
deleted text begin without regard to load restrictions imposed on that highway, except that the vehicles must:deleted text endnew text begin.new text end

new text begin Subd. 2. new text end

new text begin Conditions. new text end

new text begin (a) A vehicle or combination of vehicles described in
subdivision 1 must:
new text end

(1) comply with seasonal load restrictions in effect between the dates set by the
commissioner under section 169.87, subdivision 2;

(2) comply with bridge load limits posted under section 169.84;

(3) be equipped and operated with six axles and brakes on all wheels;

(4) not exceed 90,000 pounds gross new text beginvehicle new text endweight, or 99,000 pounds gross new text beginvehicle
new text endweight during the time when seasonal increases are authorized under section 169.826;

(5) not be operated on interstate deleted text beginand defensedeleted text end highways;

(6) obtain an annual permit from the commissioner of transportation;

(7) obey all road postings; and

(8) not exceed 20,000 pounds gross weight on any single axle.

(b) A vehicle operated under this section may exceed the legal axle weight limits
listed in section 169.824 by not more than 12.5 percent; except that, the weight limits may
be exceeded by not more than deleted text begin22.5deleted text endnew text begin 23.75new text end percent during the time when seasonal increases
are authorized under section 169.826, subdivision 1.

Sec. 8.

Minnesota Statutes 2008, section 169.827, is amended to read:


169.827 GROSS WEIGHT REDUCTION ON RESTRICTED ROUTE.

The maximum weight on any single axle, two consecutive axles spaced within eight
feet or less, three consecutive axles spaced within nine feet or less, or four consecutive
axles spaced within 14 feet or less shall not exceed 18,000 pounds, 34,000 pounds, 43,000
pounds, or 51,500 pounds respectively multiplied by a factor of the axle weight in tons
allowed on the restricted route divided by nine. deleted text beginNo combination of axle weights shall
exceed those weights specified in Minnesota Statutes 1981 Supplement, section 169.825,
subdivision 10
for nondesignated routes.
deleted text end

Sec. 9.

Minnesota Statutes 2008, section 169.85, subdivision 2, is amended to read:


Subd. 2.

Unloading.

(a) Upon weighing a vehicle and load, as provided in this
section, an officer may require the driver to stop the vehicle in a suitable place and remain
standing until a portion of the load is removed that is sufficient to reduce the gross weight
of the vehicle to the limit permitted under either section 168.013, subdivision 3, paragraph
(b), or sections 169.822 to 169.829, whichever is the lesser violation, if any. A suitable
place is a location where loading or tampering with the load is not prohibited by federal,
state, or local law, rule, or ordinance.

(b) Except as provided in paragraph (c), a driver may be required to unload a
vehicle only if the weighing officer determines that (1) on routes subject to the provisions
of sections 169.822 to 169.829, the weight on an axle exceeds the lawful gross weight
prescribed by sections 169.822 to 169.829, by 2,000 pounds or more, or the weight on a
group of two or more consecutive axles in cases where the distance between the centers
of the first and last axles of the group under consideration is ten feet or less exceeds
the lawful gross weight prescribed by sections 169.822 to 169.829, by 4,000 pounds or
more; or (2) deleted text beginon routes designated by the commissioner in section 169.832, deleted text beginsubdivisiondeleted text end 11,
the overall weight of the vehicle or the weight on an axle or group of consecutive axles
exceeds the maximum lawful gross weights prescribed by sections 169.822 to 169.829; or
(3)
deleted text end the weight is unlawful on an axle or group of consecutive axles on a road restricted in
accordance with section 169.87. Material unloaded must be cared for by the owner or
driver of the vehicle at the risk of the owner or driver.

(c) If the gross weight of the vehicle does not exceed the vehicle's registered gross
weight plus the weight allowance set forth in section 168.013, subdivision 3, paragraph
(b), and plus, if applicable, the weight allowance permitted under section 169.826, then
the driver is not required to unload under paragraph (b).

Sec. 10.

Minnesota Statutes 2008, section 169.862, subdivision 2, is amended to read:


Subd. 2.

Additional restrictions.

Permits issued under this section are governed by
the applicable provisions of section 169.86 except as otherwise provided herein and, in
addition, carry the following restrictions:

(a) The vehicles may not be operated between sunset and sunrise, when visibility is
impaired by weather, fog, or other conditions rendering persons and vehicles not clearly
visible at a distance of 500 feet, or on Sunday from noon until sunset, or on the days the
following holidays are observed: New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day.

deleted text begin (b) The vehicles may not be operated on interstate highways.
deleted text end

deleted text begin (c)deleted text end new text begin(b) new text endThe vehicles may not be operated on a trunk highway with a pavement less
than 24 feet wide.

deleted text begin (d)deleted text end new text begin(c) new text endA vehicle operated under the permit must be equipped with a retractable or
removable mirror on the left side so located that it will reflect to the driver a clear view of
the highway for a distance of at least 200 feet to the rear of the vehicle.

deleted text begin (e)deleted text end new text begin(d) new text endA vehicle operated under the permit must display red, orange, or yellow flags,
18 inches square, as markers at the front and rear and on both sides of the load. The load
must be securely bound to the transporting vehicle.

deleted text begin (f)deleted text end new text begin(e) new text endFarm vehicles not for hire carrying round baled hay less than 20 miles are
exempt from the requirement to obtain a permit. All other requirements of this section
apply to vehicles transporting round baled hay.

Sec. 11.

Minnesota Statutes 2008, section 169.864, subdivision 1, is amended to read:


Subdivision 1.

Special three-unit vehicle permit.

The commissioner may issue a
permit for a vehicle that meets the following requirements:

(1) is a combination of vehicles, including a truck-tractor and a semitrailer drawing
one additional semitrailer, which may be equipped with an auxiliary dolly, and no
semitrailer used in the three-vehicle combination has an overall length in excess of 28-1/2
feet;

(2) has a maximum gross vehicle weight of 108,000 pounds;

(3) complies with the axle weight limits in section 169.824 deleted text beginor with the federal bridge
formula for axle groups not described in that section
deleted text end;

(4) complies with the tire weight limits in section 169.823 or the tire manufacturers'
recommended load, whichever is less;

(5) is operated only in this state on Trunk Highway marked 2 between Grand Rapids
and the port of Duluth; on Trunk Highway marked 169 between Grand Rapids and its
junction with Trunk Highway marked 53; on Trunk Highway marked 194 between Trunk
Highway marked 2 and Trunk Highway marked 53; and on Trunk Highway marked 53
between Virginia and the port of Duluth; and

(6) the seasonal weight increases authorized under section 169.826, subdivision 1,
do not apply.

Sec. 12.

Minnesota Statutes 2008, section 169.864, subdivision 2, is amended to read:


Subd. 2.

Special two-unit vehicle permit.

The commissioner may issue a permit
for a vehicle that meets the following requirements:

(1) is a combination of vehicles consisting of a truck-tractor and a single semitrailer
that may exceed 48 feet, but not 53 feet, if the distance from the kingpin to the centerline
of the rear axle group of the semitrailer does not exceed 43 feet;

(2) has a maximum gross vehicle weight of 90,000 pounds or 97,000 pounds if
the truck has seven axles;

(3) has a maximum gross vehicle weight of deleted text begin98,000deleted text endnew text begin 99,000new text end pounds during the time
when seasonal weight increases authorized under section 169.826, subdivision 1, are
in effect;

(4) complies with the axle weight limits in section 169.824 deleted text beginor with the federal bridge
formula for axle groups not described in that section
deleted text end;

(5) complies with the tire weight limits in section 169.823 or the tire manufacturers'
recommended load, whichever is less; and

(6) is operated only on the highways specified in subdivision 1, clause (5).

Sec. 13.

Minnesota Statutes 2008, section 169.865, subdivision 1, is amended to read:


Subdivision 1.

Six-axle vehicles.

(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of six new text beginor more new text endaxles to haul
raw or unprocessed agricultural products and be operated with a gross vehicle weight
of up to:

(1) 90,000 pounds; and

(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1
.

(b) Notwithstanding subdivision 4, paragraph (a), clause (4), a vehicle or
combination of vehicles operated under this subdivision and transporting only sealed
intermodal containers may be operated on an interstate highway if allowed by the United
States Department of Transportation.

(c) The fee for a permit issued under this subdivision is $300.

Sec. 14.

Minnesota Statutes 2008, section 169.865, subdivision 2, is amended to read:


Subd. 2.

Seven-axle vehicles.

(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of seven new text beginor more new text endaxles to
haul raw or unprocessed agricultural products and be operated with a gross vehicle weight
of up to:

(1) 97,000 pounds; and

(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1
.

(b) Drivers of vehicles operating under this subdivision must comply with driver
qualification requirements adopted under section 221.0314, subdivisions 2 to 5, and Code
of Federal Regulations, title 49, parts 40 and 382.

(c) The fee for a permit issued under this subdivision is $500.

Sec. 15.

Minnesota Statutes 2008, section 169.865, subdivision 3, is amended to read:


Subd. 3.

Requirements; restrictions.

(a) A vehicle or combination of vehicles
operating under this section:

(1) is subject to axle weight limitations under section 169.824, subdivision 1deleted text begin, or the
federal bridge formula for axle groups not described in that section
deleted text end;

(2) is subject to seasonal load restrictions under section 169.87;

(3) is subject to bridge load limits posted under section 169.84;

(4) may only be operated on deleted text begintrunkdeleted text end new text beginpaved streets and new text endhighways other than interstate
highwaysdeleted text begin, and on local roads designated under section 169.832, deleted text beginsubdivisiondeleted text end deleted text begin11deleted text enddeleted text end;

(5) may not be operated with loads that exceed the manufacturer's gross vehicle
weight rating as affixed to the vehicle, or other certification of gross vehicle weight rating
complying with Code of Federal Regulations, title 49, parts 567.4 to 567.7;

(6) must be issued a permit from each road authority having jurisdiction over a road
on which the vehicle is operated, if required;

(7) must comply with the requirements of section 169.851, subdivision 4; and

(8) must have brakes on all wheels.

(b) The percentage allowances for exceeding gross weights if transporting unfinished
forest products under section 168.013, subdivision 3, paragraph (b), or for the first haul of
unprocessed or raw farm products or unfinished forest products under section 168.013,
subdivision 3
, paragraph (d), clause (3), do not apply to a vehicle or combination of
vehicles operated under this section.

Sec. 16.

Minnesota Statutes 2008, section 169.865, subdivision 4, is amended to read:


Subd. 4.

Deposit of revenues; appropriation.

(a) Revenue from the permits issued
new text begin by the commissioner new text endunder this section must be deposited:

(1) in fiscal years 2008 through 2011, in the bridge inspection and signing account
in the special revenue fund; and

(2) in fiscal year 2012 and subsequent years, in the trunk highway fund.

(b) The revenue in the bridge inspection and signing account under this section is
annually appropriated to the commissioner for:

(1) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and

(2) erection of weight-posting signs on local bridges.

Sec. 17.

Minnesota Statutes 2008, section 169.866, subdivision 1, is amended to read:


Subdivision 1.

Special three-unit vehicle permit.

The commissioner may issue a
permit for a vehicle that meets the following requirements:

(1) is a combination of vehicles, including a truck-tractor and a semitrailer
drawing one additional trailer or semitrailer, and no semitrailer used in the three-vehicle
combination has an overall length in excess of 28-1/2 feet;

(2) has a maximum gross vehicle weight of 105,500 pounds;

(3) complies with the axle weight limits in section 169.824deleted text begin, or with the federal
bridge formula for axle groups not described in that section
deleted text end;

(4) complies with the tire weight limits in section 169.823, or the tire manufacturers'
recommended load, whichever is less;

(5) is operated only in this state on marked Trunk Highway 175 from Hallock to the
North Dakota border, on U.S. Highway 75 from Hallock to Donaldson, and on marked
Trunk Highway 11 from Donaldson to the North Dakota border; and

(6) the seasonal weight increases authorized under section 169.826, subdivision 1,
do not apply.

Sec. 18.

Minnesota Statutes 2008, section 169.87, subdivision 2, is amended to read:


Subd. 2.

Seasonal load restriction.

deleted text beginExcept for portland cement concrete roads,deleted text endnew text begin (a)
Unless restricted as provided in subdivision 1,
new text end between the dates set by the commissioner
of transportation each year, the weight on any single axle shall not exceednew text begin:
new text end

new text begin (1)new text end five tons on deleted text begina county highway, town road, or city street that has not been
restricted as provided in subdivision 1.
deleted text endnew text begin an unpaved street or highway; ornew text end

new text begin (2) ten tons on a paved street or highway.
new text end

new text begin (b) new text endThe gross weight on consecutive axles new text beginon an unpaved street or highway new text endshall not
exceed the gross weight allowed in sections 169.822 to 169.829 multiplied by a factor of
five divided by nine. This reduction shall not apply to the gross vehicle weight.

Sec. 19.

Minnesota Statutes 2008, section 174.64, subdivision 4, is amended to read:


Subd. 4.

Petitiondeleted text begin, notice,deleted text end and hearing.

(a) With respect to those matters within
the commissioner's jurisdiction, the commissioner shall receive, hear, and determine all
petitions filed with the commissioner in accordance with the procedures established by law
and may hold hearings and make determinations upon the commissioner's own motion to
the same extent, and in every instance, in which the commissioner may do so upon petition.

deleted text begin (b) Upon receiving a petition filed pursuant to section 221.121, subdivision 1, or
221.151, the commissioner shall give notice of the filing of the petition to representatives
of associations or other interested groups or persons who have registered their names
with the commissioner for that purpose and to whomever the commissioner deems to be
interested in the petition. The commissioner may grant or deny the request of the petition
30 days after notice of the filing has been fully given.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end If the commissioner receives a written objection and notice of intent to
appear at a hearing to object to the petition from any person within 20 days of the notice
having been fully given, the request of the petition must be granted or denied only after
a contested case hearing has been conducted on the petition, unless the objection is
withdrawn before the hearing. The commissioner may elect to hold a contested case
hearing if no objections to the petition are received. If a timely objection is not received,
or if received and withdrawn, and the request of the petition is denied without hearing,
the petitioner may request within 30 days of receiving the notice of denial, and must be
granted, a contested case hearing on the petition.

Sec. 20.

Minnesota Statutes 2008, section 174.66, is amended to read:


174.66 CONTINUATION OF CARRIER RULES.

(a) Orders and directives in force, issued, or promulgated under authority of chapters
174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
modified, or superseded by duly authorized orders or directives of the commissioner of
transportation. To the extent allowed under federal law or regulation, rules adopted under
authority of the following sections are transferred to the commissioner of transportation
and continue in force and effect until repealed, modified, or superseded by duly authorized
rules of the commissioner:

(1) section 218.041 except rules related to the form and manner of filing railroad
rates, railroad accounting rules, and safety rules;

(2) section 219.40;

(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
deleted text begin or certificates of convenience and necessitydeleted text end under section 221.031, subdivision 1;

(4) rules relating to the sale, assignment, pledge, or other transfer of a stock interest
in a corporation holding authority to operate as a permit carrier as prescribed in section
221.151, subdivision 1;

(5) rules relating to rates, charges, and practices under section 221.161, subdivision
4
; and

(6) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits
under sections 221.121 and 221.151.

(b) The commissioner shall review the transferred rules, orders, and directives and,
when appropriate, develop and adopt new rules, orders, or directives.

Sec. 21.

Minnesota Statutes 2008, section 221.012, subdivision 19, is amended to read:


Subd. 19.

Household goods.

"Household goods" means personal effects and
property used or to be used by the owner in the owner's dwellingdeleted text begin; furniture, fixtures,
equipment and property of business places and institutions, public or private, when a part
of the stock, equipment, supplies or property of such establishments
deleted text end.

Sec. 22.

Minnesota Statutes 2008, section 221.012, subdivision 29, is amended to read:


Subd. 29.

Permit.

"Permit" means the licensedeleted text begin, or franchise, whichdeleted text endnew text begin thatnew text end may be
issued to motor carriers deleted text beginother than regular route common carriers of passengers, class I
common carriers, and petroleum carriers,
deleted text end under the provisions of this chapter, authorizing
the use of the highways of Minnesota for transportation for hire.

Sec. 23.

Minnesota Statutes 2008, section 221.021, subdivision 1, is amended to read:


Subdivision 1.

Registration certificate or permit required.

No person may operate
as a motor carrier or advertise or otherwise hold out as a motor carrier without a certificate
of registration or permit in effect. A certificate or permit may be suspended or revoked
upon conviction of violating a provision of sections 221.012 to deleted text begin221.296deleted text end new text begin221.291 new text endor an
order or rule of the commissioner governing the operation of motor carriers, and upon a
finding by the court that the violation was willful. The commissioner may, for good cause
after a hearing, suspend or revoke a certificate or permit for a violation of a provision of
sections 221.012 to deleted text begin221.296deleted text end new text begin221.291 new text endor an order issued or rule adopted under this chapter.

Sec. 24.

Minnesota Statutes 2008, section 221.022, is amended to read:


221.022 EXCEPTION.

The powers granted to the commissioner under sections 221.012 to deleted text begin221.296deleted text end new text begin221.295
new text enddo not include the power to regulate any service or vehicles operated by the Metropolitan
Council or to register passenger transportation service provided under contract to the
department or the Metropolitan Council. A provider of passenger transportation service
under contract to the department or the Metropolitan Council may not also provide service
as a motor carrier of passengers without first having registered under section 221.0252.

Sec. 25.

Minnesota Statutes 2008, section 221.025, is amended to read:


221.025 EXEMPTIONS.

The provisions of this chapter requiring a certificate or permit to operate as a motor
carrier do not apply to the intrastate transportation described below:

(1) the transportation of students to or from school or school activities in a school
bus inspected and certified under section 169.451 and the transportation of children or
parents to or from a Head Start facility or Head Start activity in a Head Start bus inspected
and certified under section 169.451;

(2) the transportation of solid waste, as defined in section 116.06, subdivision 22,
including recyclable materials and waste tires, except that the term "hazardous waste" has
the meaning given it in section 221.012, subdivision 18;

(3) a commuter van as defined in section 221.012, subdivision 9;

(4) authorized emergency vehicles as defined in section 169.011, subdivision 3,
including ambulances; and tow trucks equipped with proper and legal warning devices
when picking up and transporting (i) disabled or wrecked motor vehicles or (ii) vehicles
towed or transported under a towing order issued by a public employee authorized to
issue a towing order;

(5) the transportation of grain samples under conditions prescribed by the
commissioner;

(6) the delivery of agricultural lime;

(7) the transportation of dirt and sod within an area having a 50-mile radius from the
home post office of the person performing the transportation;

(8) the transportation of sand, gravel, bituminous asphalt mix, concrete ready mix,
concrete blocks or tile and the mortar mix to be used with the concrete blocks or tile, or
crushed rock to or from the point of loading or a place of gathering within an area having a
50-mile radius from that person's home post office or a 50-mile radius from the site of
construction or maintenance of public roads and streets;

(9) the transportation of pulpwood, cordwood, mining timber, poles, posts, decorator
evergreens, wood chips, sawdust, shavings, and bark from the place where the products
are produced to the point where they are to be used or shipped;

(10) the transportation of fresh vegetables from farms to canneries or viner stations,
from viner stations to canneries, or from canneries to canneries during the harvesting,
canning, or packing season, or transporting sugar beets, wild rice, or rutabagas from the
field of production to the first place of delivery or unloading, including a processing
plant, warehouse, or railroad siding;

(11) the transportation of property or freight, other than household goods and
petroleum products in bulk, entirely within the corporate limits of a city or between
contiguous cities deleted text beginexcept as provided in section 221.296deleted text end;

(12) the transportation of unprocessed dairy products in bulk within an area having a
100-mile radius from the home post office of the person providing the transportation;

(13) the transportation of agricultural, horticultural, dairy, livestock, or other farm
products within an area having a 100-mile radius from the person's home post office and
the carrier may transport other commodities within the 100-mile radius if the destination
of each haul is a farm;

(14) the transportation of newspapers, as defined in section 331A.01, subdivision
5
, telephone books, handbills, circulars, or pamphlets in a vehicle with a gross vehicle
weight of 10,000 pounds or less; and

(15) transportation of potatoes from the field of production, or a storage site owned
or otherwise controlled by the producer, to the first place of processing.

The exemptions provided in this section apply to a person only while the person is
exclusively engaged in exempt transportation.

Sec. 26.

Minnesota Statutes 2008, section 221.026, subdivision 2, is amended to read:


Subd. 2.

Exemptions from requirements.

Notwithstanding any other law, a
motor carrier of property is exempt from sections 221.021; deleted text begin221.072;deleted text end 221.121; 221.122;
221.123; 221.131; 221.132; 221.151; 221.161; 221.172, deleted text beginsubdivisionsdeleted text endnew text begin subdivisionnew text end 3 deleted text beginto 8deleted text end;
new text begin and new text end221.185, except as provided in subdivision 4deleted text begin; and 221.296deleted text end. The exemptions in this
subdivision do not apply to a motor carrier of property while transporting household goods.

Sec. 27.

Minnesota Statutes 2008, section 221.026, subdivision 5, is amended to read:


Subd. 5.

Local regulation.

Section 221.091 applies to registration statements
under this section to the same extent that it applies to certificates and permits issued by
the deleted text beginboarddeleted text endnew text begin commissionernew text end.

Sec. 28.

Minnesota Statutes 2008, section 221.0269, subdivision 3, is amended to read:


Subd. 3.

Termination of relief efforts.

(a) Upon termination of direct assistance
to an emergency relief effort, a carrier or driver is subject to the requirements of section
221.0314, except that a driver may return empty to a carrier's terminal or the driver's
normal work reporting location without complying with that section. A driver who
informs the carrier that the driver needs immediate rest must be permitted at least eight
consecutive hours off duty before the driver is required to return to the terminal or
location. Having returned to the terminal or other location, the driver must be relieved
of all duty and responsibilities.

(b) When a driver has been relieved of all duty and responsibilities upon termination
of direct assistance to an emergency relief effort, deleted text beginnodeleted text end new text begina new text endcarrier shall new text beginneither new text endpermit deleted text beginordeleted text end new text beginnor
new text endrequire any driver used by it to drive nor shall any such driver drive in commerce until
the driver:

(1) has met the requirements of Code of Federal Regulations, title 49, section 395.3,
paragraph (a)new text begin, which is incorporated by referencenew text end; and

(2) has had at least 34 consecutive hours off duty if (i) the driver has been on duty for
more than 60 hours in any seven consecutive days at the time the driver is relieved of all
duty if the employing carrier does not operate every day in the week, or (ii) the driver has
been on duty for more than 70 hours in any eight consecutive days at the time the driver is
relieved of all duty if the employing carrier operates every day in the week.

(c) For purposes of this section, direct assistance to an emergency relief effort
terminates when a driver or commercial motor vehicle is used to transport cargo not
destined for the emergency relief effort, or when the carrier dispatches that driver or
vehicle to another location to begin operations in commerce.

Sec. 29.

Minnesota Statutes 2008, section 221.031, subdivision 1, is amended to read:


Subdivision 1.

Powers, duties, rules, filings.

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

(b) The commissioner shall prescribe rules for the operation of motor carriers,
including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
qualifications; accident reporting; identification of vehicles; installation of safety devices;
inspection, repair, and maintenance; and proper automatic speed regulators if, in the
opinion of the commissioner, there is a need for the rules.

(c) The commissioner shall direct the repair and reconstruction or replacement of
an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
the construction and maintenance or furnishing of suitable and proper freight terminals,
passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
at a point on the highway traversed which the commissioner, after investigation by the
department, may deem just and proper for the protection of passengers or property.

(d) The commissioner shall new text begin(1) new text endrequire holders of household goods mover permits
to file schedules of rates and charges,deleted text begin or other data by motor carriers,deleted text endnew text begin (2)new text end regulate motor
carriers in matters affecting the relationship between them and the traveling and shipping
public, and new text begin(3) new text endprescribe other rules as may be necessary to carry out the provisions of
this chapter.

(e) The commissioner shall enforce sections 169.781 to 169.783.

Sec. 30.

Minnesota Statutes 2008, section 221.031, subdivision 3, is amended to read:


Subd. 3.

Vehicle over 10,000 pounds not exempt.

(a) This subdivision applies to
persons engaged in intrastate commerce who operate vehicles providing transportation
described in section 221.025 with a gross vehicle weight in excess of 10,000 pounds,
except school buses, commuter vans, and authorized emergency vehicles.

(b) Persons providing transportation described in section 221.025, clause (6), (10),
(12), or (13), must comply with the rules for driving of motor vehicles and for parts and
accessories necessary for safe operation.

(c) Persons providing transportation described in section 221.025, except for persons
providing transportation described in clause (6), (10), (12), or (13), must comply with the
rules for driving of motor vehicles; parts and accessories necessary for safe operation;
anddeleted text begin, after August 1, 1994,deleted text end the rules for driver qualifications.

Sec. 31.

Minnesota Statutes 2008, section 221.031, subdivision 3c, is amended to read:


Subd. 3c.

Solid waste transporter not exempt.

Persons providing transportation
described in section 221.025, clause (2), must comply with the rules for driver
qualifications deleted text beginafter August 1, 1994deleted text end; hours of service of drivers; driving of motor vehicles;
parts and accessories necessary for safe operation; and inspection, repair, and maintenance.
A local government unit, as defined in section 115A.03, subdivision 17, shall not enact or
enforce laws, ordinances, or regulations for the operation of solid waste transporters that
are inconsistent with the rules adopted in section 221.0314.

Sec. 32.

Minnesota Statutes 2008, section 221.031, subdivision 6, is amended to read:


Subd. 6.

Vehicle identification rule.

deleted text begin(a)deleted text end The following carriers shall deleted text begindisplay the
carrier's name on the power unit of each vehicle
deleted text endnew text begin comply with section 168.185 and with
the requirements for marking commercial motor vehicles in Code of Federal Regulations,
title 49, section 390.21, which is incorporated by reference
new text end:

(1) motor carriers, regardless of the weight of the vehicle, except that this
requirement does not apply to a limousine as defined in section 168.002, subdivision 15,
that is equipped with "LM" license plates;

(2) interstate and intrastate private carriers operating vehicles with a gross vehicle
weight of more than 10,000 pounds; and

(3) vehicles providing transportation described in section 221.025 with a gross
vehicle weight of more than 10,000 pounds except those providing transportation
described in section 221.025, clauses (1), (3), and (4).

Vehicles described in deleted text beginclauses (2) and (3) that are operated by farmers or farm employees
and have four or fewer axles
deleted text endnew text begin section 168.185, paragraph (d),new text end are not required to comply
with the vehicle identification rule of the commissioner.

deleted text begin (b) Vehicles subject to this subdivision must show the name or "doing business as"
name of the carrier operating the vehicle. If the carrier operates a leased vehicle, it may
show its name and the name of the lessor on the vehicle, if the lease relationship is clearly
shown. If the name of a person other than the operating carrier appears on the vehicle, the
words "operated by" must immediately precede the name of the carrier.
deleted text end

deleted text begin (c) The name must be in letters that contrast sharply in color with the background,
be readily legible during daylight hours from a distance of 50 feet while the vehicle is
stationary, and be maintained in a manner that retains the legibility of the markings. The
name may be shown by use of a removable device if that device meets the identification
and legibility requirements of this subdivision.
deleted text end

Sec. 33.

Minnesota Statutes 2008, section 221.0314, subdivision 2, is amended to read:


Subd. 2.

Qualification of driver.

Code of Federal Regulations, title 49, part 391
and appendixes D and E, are incorporated by reference except for sections 391.2; 391.11,
paragraph (b)(1)
; 391.47; 391.49; 391.62; 391.64; 391.67; 391.68; new text beginand new text end391.69deleted text begin; 391.71;
and 391.73
deleted text end. In addition, cross-references to sections or paragraphs not incorporated in this
subdivision are not incorporated by reference.

Sec. 34.

Minnesota Statutes 2008, section 221.0314, subdivision 3a, is amended to
read:


Subd. 3a.

Waiver for other medical condition.

(a) The commissioner may grant
a waiver to a person who is not physically qualified to drive under Code of Federal
Regulations, title 49, section 391.41, paragraph (b)(3) to (b)(13). A waiver granted under
this subdivision applies to intrastate transportation only.

(b) A person who wishes to obtain a waiver under this subdivision must give the
commissioner the following information:

(1) the applicant's name, address, and telephone number;

(2) the name, address, and telephone number of an employer coapplicant, if any;

(3) a description of the applicant's experience in driving the type of vehicle to be
operated under the waiver;

(4) a description of the type of driving to be done under the waiver;

(5) a description of any modifications to the vehicle the applicant intends to drive
under the waiver that are designed to accommodate the applicant's medical condition or
disability;

(6) whether the applicant has been granted another waiver under this subdivision;

(7) a copy of the applicant's current driver's license;

(8) a copy of a medical examiner's certificate showing that the applicant is medically
unqualified to drive unless a waiver is granted;

(9) a statement from the applicant's treating physician that includes:

(i) the extent to which the physician is familiar with the applicant's medical history;

(ii) a description of the applicant's medical condition for which a waiver is necessary;

(iii) assurance that the applicant has the ability and willingness to follow any course
of treatment prescribed by the physician, including the ability to self-monitor or manage
the medical condition; and

(iv) the physician's professional opinion that the applicant's condition will not
adversely affect the applicant's ability to operate a motor vehicle safely; and

(10) any other information considered necessary by the commissioner including
requiring a physical examination or medical report from a physician who specializes
in a particular field of medical practice.

(c) In granting a waiver under this subdivision, the commissioner may impose
conditions the commissioner considers necessary to ensure that an applicant is able to
operate a motor vehicle safely and that the safety of the general public is protected.

(d) A person who is granted a waiver under this subdivision must:

(1) at intervals specified in the waiver, give the commissioner periodic reports from
the person's treating physician, or a medical specialist if the commissioner so requires in
the waiver, that contain the information described in paragraph (b), clause (9), together
with a description of any episode that involved the person's loss of consciousness or loss
of ability to operate a motor vehicle safely; and

(2) immediately report the person's involvement in an accident for which a report is
required under section 169.09, subdivision 7.

(e) The commissioner shall deny an application if, during the three years preceding
the applicationdeleted text begin,deleted text endnew text begin:new text end

new text begin (1) new text endthe applicant's driver's license has been suspendednew text begin under section 171.18,
paragraph (a), clauses (1) to (9), (11), and (12)
new text end, cancelednew text begin under section 171.14new text end, or revoked
new text begin under section 171.17, 171.172, or 171.174; new text endor

new text begin (2) new text endthe applicant has been convicted of a disqualifying offense, as defined in Code
of Federal Regulations, title 49, section 383.51, paragraph (b)deleted text begin(2)deleted text end, which is incorporated
by reference.

(f) The commissioner may deny an application or may immediately revoke a
waiver granted under this subdivision. Notice of the commissioner's reasons for denying
an application or for revoking a waiver must be in writing and must be mailed to
the applicant's or waiver holder's last known address by certified mail, return receipt
requested. A person whose application is denied or whose waiver is revoked is entitled to
a hearing under chapter 14.

(g) A waiver granted under this subdivision expires on the date of expiration shown
on the medical examiner's certificate described in paragraph (b), clause (8).

Sec. 35.

Minnesota Statutes 2008, 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 deleted text beginand section 395.13deleted text end of that part are not incorporated. 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. 36.

Minnesota Statutes 2008, section 221.033, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

Except as provided in subdivisions 2 to 3, no
person may transport or offer or accept for transportation within the state of Minnesota
a hazardous material, hazardous substance, or hazardous waste except in compliance
with United States Code, title 49, sections 5101 to 5126 and the provisions of Code of
Federal Regulations, title 49, parts 171 to 199new text begin, which are incorporated by referencenew text end. Those
provisions apply to transportation in intrastate commerce to the same extent they apply
to transportation in interstate commerce.

Sec. 37.

Minnesota Statutes 2008, section 221.033, subdivision 2, is amended to read:


Subd. 2.

Exemption for farmer.

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

(b) Farmers or their employees transporting diesel fuel, gasoline, agricultural
chemicals, or agricultural fertilizers for use on the transporter's farm are not required to
comply with the rules deleted text beginadopteddeleted text end new text beginincorporated new text endin section 221.0314, subdivisions 2 to 5,
for driver qualifications or with the shipping paper requirements of the Code of Federal
Regulations, title 49, deleted text beginsectionsdeleted text endnew text begin sectionnew text end 172.200 deleted text beginanddeleted text endnew text begin,new text end 177.817new text begin,new text end or deleted text beginwith sectiondeleted text end 397.7deleted text begin(B) or
397.9(A)
deleted text endnew text begin, paragraph (b),new text end of the Federal Motor Carrier Safety Regulations when:

(1) transporting diesel fuel or gasoline in motorized tank truck vehicles of less than
1,500-gallon capacity owned by the transporter, or in tanks securely mounted in other
motor vehicles with a gross vehicle weight of less than 10,000 pounds and owned by
the transporter; or

(2) transporting agricultural chemicals and agricultural fertilizers.

Sec. 38.

Minnesota Statutes 2008, section 221.121, subdivision 1, is amended to read:


Subdivision 1.

deleted text beginPetitiondeleted text endnew text begin Applicationnew text end; scope.

(a) A person desiring to operate as a
deleted text begin permitdeleted text end new text beginhousehold goods new text endcarrierdeleted text begin, except as provided in subdivision 5 or section 221.296,
shall file a petition with the commissioner specifying the kind of permit desired, the name
and address of the petitioner and the names and addresses of the officers, if a corporation,
and other information as the commissioner may require. Letters of shipper support
must be filed with the petition
deleted text endnew text begin shall file an application with the commissioner on a form
the commissioner prescribes
new text end. No person shall knowingly make a false or misleading
statement in deleted text begina petitiondeleted text endnew text begin an applicationnew text end.

(b) The commissioner shall issue the permit deleted text beginupon compliance with the laws and rulesdeleted text end
relating to itdeleted text begin, if it finds that petitioner is fit and able to conduct the proposed operations,
that petitioner's vehicles meet the safety standards established by the department, provided
that no person who holds a permit at the time sections 221.012 to 221.291 take effect may
be denied a renewal of the permit upon compliance with other provisions of sections
221.012 to 221.291
deleted text endnew text begin to an applicant who has filed an application complying with this
subdivision, who has paid the required fee, and who has complied with the financial
responsibility requirements in section 221.141. The commissioner shall not issue a permit
to an applicant who has an unsatisfactory safety rating
new text end.

(c) A permit once granted continues in full force and effect until abandoned or unless
suspended or revoked, subject to compliance by the permit holder with the applicable
provisions of law and the rules of the commissioner governing permit carriers.

(d) deleted text beginNo permit may be issued to a common carrier by rail permitting the common
carrier to operate trucks for hire within this state, nor may a common carrier by rail be
permitted to own, lease, operate, control, or have an interest in a permit carrier by truck,
either by stock ownership or otherwise, directly, indirectly, through a holding company,
or by stockholders or directors in common, or in any other manner. Nothing in sections
221.012 to 221.291 prevents the commissioner from issuing a permit to a common carrier
by rail authorizing the carrier to operate trucks wholly within the limits of a municipality
or within adjacent or contiguous municipalities or a common rate point served by the
railroad and only as a service supplementary to the rail service now established by the
carriers.
deleted text endnew text begin All permits granted to household goods carriers must allow statewide operation.
Notwithstanding any geographical restrictions imposed upon a permit at the time it was
granted or any state law or rule to the contrary, the holder of a household goods permit
may operate statewide.
new text end

Sec. 39.

Minnesota Statutes 2008, section 221.121, subdivision 7, is amended to read:


Subd. 7.

Fee.

The petitioner shall pay a fee of $150 into the treasury of the state of
Minnesota for each deleted text beginkind ofdeleted text end permit deleted text beginor extension of authority for which a petition is fileddeleted text end
new text begin applied for new text endunder this section.

Sec. 40.

Minnesota Statutes 2008, section 221.122, subdivision 1, is amended to read:


Subdivision 1.

Registration, insurance, and filing requirements.

(a) An order
issued by the commissioner which grants a certificate or permit must contain a service date.

(b) The person to whom the order granting the certificate or permit is issued shall do
the following within 45 days from the service date of the order:

(1) register vehicles which will be used to provide transportation under the permit or
certificate with the commissioner and pay the vehicle registration fees required by law;

(2) file and maintain insurance or bond as required by deleted text beginsectionsdeleted text endnew text begin sectionnew text end 221.141 deleted text beginand
221.296
deleted text end and rules of the commissioner; and

(3) file rates and tariffs as required by section 221.161 and rules of the commissioner.

Sec. 41.

Minnesota Statutes 2008, section 221.123, is amended to read:


221.123 EFFECT OF DEATH OF new text beginHOUSEHOLD GOODS CARRIER
new text endPERMIT HOLDER.

This section governs the transfer of a new text beginhousehold goods carrier new text endpermit in the event of
the death of the permit holder. Within one year after the transfer of a permit of a deceased
permit holder by the deceased permit holder's personal representative, or within one year
after the date of a decree or order issued by the district court transferring the permit of a
deceased permit holder, the distributee, as defined in section 524.1-201, who received the
permit shall apply to the commissioner to have the permit transferred under the provisions
of section 221.151deleted text begin, subdivision 2deleted text end.

If an application to transfer the permit is not filed within the time prescribed above,
the permit is revoked and the commissioner shall so notify the person who had received
the permit.

Sec. 42.

Minnesota Statutes 2008, section 221.132, is amended to read:


221.132 PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD.

For special or extraordinary events, the commissioner may issue a prepaid
temporary vehicle identification card to a permit or certificate holder subject to section
221.131, subdivision 2 or 3, for a fee of $5 per card. The card must be preprinted by the
commissioner with the carrier's name, address, and permit or certificate number. The card
may be used by the motor carrier to whom it is issued to identify a vehicle temporarily
added to its fleet, if the vehicle has evidence of being inspected under section 221.0252,
subdivision 3
, paragraph (a), clause (2), new text beginor under Code of Federal Regulations, title 49,
section 396.17 or 396.23, paragraph (b)(1), which are incorporated by reference,
new text endwithin
the previous 12 months, or has a current Commercial Vehicle Safety Alliance decal. The
card must be executed by the motor carrier by dating and signing the card and describing
the vehicle in which it will be carried. The identification card is valid for a period of ten
days from the date the motor carrier places on the card when the card is executed. The
card must be used within one year from the date of issuance by the commissioner. The
card may not be used if the permit or certificate is not in full force and effect. The card
may not be transferred. The commissioner may not refund the cost of unused prepaid
temporary vehicle identification cards.

Sec. 43.

Minnesota Statutes 2008, section 221.151, subdivision 1, is amended to read:


Subdivision 1.

Petition.

(a) Permitsdeleted text begin, except livestock permits,deleted text end issued under section
221.121 may be assigned or transferred but only upon the order of the commissioner
approving the transfer or assignment deleted text beginafter notice and hearingdeleted text end.

(b) The proposed seller and buyer or lessor and lessee of a permitdeleted text begin, except for
livestock carrier permits,
deleted text end shall file a joint notarized petition with the commissioner setting
forth the name and address of the parties, the identifying number of the permit, and the
description of the authority which the parties seek to sell or lease, a short statement of
the reasons for the proposed sale or lease, a statement of outstanding claims of creditors
which are directly attributable to the operation to be conducted under the permit, a copy of
the contract of sale or lease, and a financial statement with a balance sheet and an income
statement, if existent, of the buyer or lessee. If it appears to the commissioner from the
contents of the petition and from the department's records, files, and investigation that
the approval of the sale or lease of the permit will not adversely affect the rights of the
users of the service, the commissioner may make an order granting the sale or lease.
deleted text begin Provided, however, that the commissioner shall make no order granting the sale or lease
of a permit to a person or corporation or association which holds a certificate or permit
other than local cartage carrier permit from the commissioner under this chapter or to a
common carrier by rail.
deleted text end

(c) The commissioner shall look to the substance of the transaction rather than the
form. An agreement for the transfer or sale of a permit must be reported and filed with the
commissioner within 30 days of the agreement.

(d) If an authority to operate as a permit carrier is held by a corporation, a sale,
assignment, pledge, or other transfer of the stock interest in the corporation which will
accomplish a substantial or material change or transfer of the majority ownership of
the corporation, as exercised through its stockholders, must be reported in the manner
prescribed in the rules of the commissioner within 30 days after the sale, assignment,
pledge, or other transfer of stock. The commissioner shall then make a finding whether or
not the stock transfer does, in fact, constitute a sale, lease, or other transfer of the permit of
the corporation to a new party or parties and, if they so find, then the continuance of the
permit issued to the corporation may only be upon the corporation's complying with the
standards and procedures otherwise imposed by this section.

Sec. 44.

Minnesota Statutes 2008, section 221.161, subdivision 1, is amended to read:


Subdivision 1.

Filing; hearing upon board initiativedeleted text begin; armored carrier
exemption
deleted text end.

deleted text begin(a) Except as provided in paragraph (b),deleted text end A deleted text beginpermitdeleted text end new text beginhousehold goods new text endcarrierdeleted text begin,
including a livestock carrier but not including a local cartage carrier,
deleted text end shall file and maintain
with the commissioner a tariff showing rates and charges for transporting deleted text beginpersons or
property
deleted text endnew text begin household goodsnew text end. Tariffs must be prepared and filed in accordance with the rules
of the commissioner. When tariffs are filed in accordance with the rules and accepted by
the commissioner, the filing constitutes notice to the public and interested parties of the
contents of the tariffs. The commissioner shall not accept for filing tariffs that are unjust,
unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or otherwise
in violation of this section or rules adopted under this section. If the tariffs appear to
be unjust, unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or
otherwise in violation of this section or rules adopted under this section, after notification
and investigation by the department, the deleted text beginboarddeleted text endnew text begin commissionernew text end may suspend and postpone
the effective date of the tariffs and assign the tariffs for hearing upon notice to the deleted text beginpermitdeleted text end
new text begin household goods new text endcarrier filing the proposed tariffs and to other interested parties, including
users of the service and competitive carriers by motor vehicle and rail. At the hearing,
the burden of proof is on the deleted text beginpermitdeleted text end new text beginhousehold goods new text endcarrier filing the proposed tariff to
sustain the validity of the proposed schedule of rates and charges. deleted text beginTariffs for transporting
livestock are not subject to rejection, suspension, or postponement by the board, except
as provided in subdivisions 2 and 3.
deleted text end The tariffs and subsequent supplements to them
or reissues of them must state the effective date, which may not be less than ten days
following the date of filing, unless the period of time is reduced by special permission of
the commissioner.

deleted text begin (b) A holder of an armored carrier permit is not required to file a tariff under this
subdivision for the service authorized by the armored carrier permit.
deleted text end

Sec. 45.

Minnesota Statutes 2008, section 221.161, subdivision 4, is amended to read:


Subd. 4.

Hearing on merits of rates and charges.

The commissioner, (1) after
a suspension and hearing upon a schedule of rates and charges, or upon complaint, or
upon the commissioner's own initiative, either in extension of an existing complaint or
without a complaint whatever, (2) after department investigation and petition, (3) upon
notice to the permit carrier or tariff agent proposing, maintaining, or charging a schedule
of rates and charges on a single group of related commodities, and (4) upon notice to the
users of the service and competitive carriers by motor vehicle and rail, may assign for
hearing the schedule of rates and charges proposed, maintained, or charged by any or all
permit carriers. Upon a finding, after a hearing, that the schedule of rates and charges are
unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial or
otherwise in violation of this section, the commissioner may prescribe minimum rates and
charges and the rates, rules, and practices thereafter to be maintained and applied by the
permit carrier or tariff agent. In the hearing the burden of proof is upon the permit carrier
or tariff agent whose schedules of rates and charges are under investigation to show that
the schedules are not below a minimum reasonable level or are not noncompensatory.
deleted text begin Schedules of rates and charges for the transportation of livestock are not subject to
rejection, suspension, postponement, or investigation by the commissioner except as
provided in subdivisions 2 and 3.
deleted text end

Sec. 46.

Minnesota Statutes 2008, section 221.171, is amended to read:


221.171 COMPENSATION OF deleted text beginPERMITdeleted text end new text beginHOUSEHOLD GOODS new text endCARRIER
FIXED.

Subdivision 1.

Compensation fixed by schedule on file.

No deleted text beginpermitdeleted text end new text beginhousehold
goods
new text endcarrier shall charge or receive a greater, lesser, or different compensation for the
transportation of persons or property or for related service, than the rates and charges
named in the carrier's schedule on file and in effect with the commissioner including any
rate fixed by the commissioner under section 221.161; nor shall a deleted text beginpermitdeleted text end new text beginhousehold goods
new text endcarrier refund or remit in any manner or by any device, directly or indirectly, the rates and
charges required to be collected by the carrier under the carrier's schedules or under the
rates, if any, fixed by the commissioner.

Subd. 2.

Exemptionsdeleted text begin; household goodsdeleted text end.

(a) A person engaged in the transportation
of household goods for the federal government or an agency of the federal government or
the transportation of household goods for the state government or an agency of the state
government where competitive bids are required by law is exempt from subdivision 1.

(b) A person engaged in the transportation of household goods at the request of a
nonprofit charitable organization that qualifies for tax exemption under section 501(c)(3)
of the Internal Revenue Code is exempt from subdivision 1 when the transportation
is in furtherance of the organization's charitable purpose. A person engaged in the
transportation of household goods for a charitable organization may conduct the
transportation deleted text beginwithout restriction to the geographic area the carrier is authorized to serve
under section 221.121
deleted text endnew text begin statewidenew text end.

Sec. 47.

Minnesota Statutes 2008, section 221.172, subdivision 3, is amended to read:


Subd. 3.

deleted text beginClass I, class II, or temperature-controlled commodities carrier;deleted text end
Household goods mover.

(a) A deleted text beginclass I carrier, class II carrier,deleted text end household goods moverdeleted text begin,
and a holder of a temperature-controlled commodities permit
deleted text end shall keep a record of
each shipment transported under a deleted text begincertificate ordeleted text end permit. A record may consist of one or
more documents, including a bill of lading, freight bill, manifest, delivery receipt, or
other document. If it consists of more than one document, the documents constituting a
shipment record must be available for inspection together.

(b) A record must show the:

(1) names of the consignor and consignee;

(2) date of shipment;

(3) origin and destination points;

(4) deleted text beginnumber of packages, if applicable to the rating of the freight or if the carrier's
operating authority includes a package or article restriction, unless the shipment is
transported by a household goods mover;
deleted text end

deleted text begin (5)deleted text end description of the freight;

deleted text begin (6)deleted text end new text begin(5) new text endweight, volume, or measurement of the freight, if applicable to the rating of
the freight deleted text beginor if the carrier's operating authority includes a weight restrictiondeleted text end;

deleted text begin (7)deleted text end new text begin(6) new text endexact rate or rates assessed;

deleted text begin (8)deleted text end new text begin(7) new text endtotal charges due, including the nature and amount of any charges for special
service;new text begin and
new text end

deleted text begin (9)deleted text end new text begin(8) new text endthe name of each carrier participating in the transportationdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (10) after January 1, 1994, any terminals through which the shipment moved.
deleted text end

Sec. 48.

Minnesota Statutes 2008, section 221.185, subdivision 2, is amended to read:


Subd. 2.

Notice of suspension.

(a) Failure to file and maintain insurance, renew
permits under section 221.131, or to pay annual vehicle registration fees deleted text beginor renew
permits
deleted text end under section 221.131 deleted text beginor 221.296, or to maintain in good standing a protective
agent's or private detective's license required under section 221.121, subdivision 6g, or
221.153, subdivision 3,
deleted text end suspends a motor carrier's permit or certificate two days after the
commissioner sends notice of the suspension by certified mail, return receipt requested, to
the last known address of the motor carrier.

(b) In order to avoid permanent cancellation of the permit or certificate, the motor
carrier must do one of the following within 45 days from the date of suspension:

(1) comply with the law by filing insurance or bond, renewing permits, or paying
vehicle registration fees; or

(2) request a hearing before the commissioner regarding the failure to comply
with the law.

Sec. 49.

Minnesota Statutes 2008, section 221.185, subdivision 4, is amended to read:


Subd. 4.

Grounds for cancellation.

Except as provided in subdivision 5a, failure to
comply with the requirements of deleted text beginsectionsdeleted text endnew text begin sectionnew text end 221.141 deleted text beginand 221.296deleted text end relating to bonds
and insurancedeleted text begin, 221.131 relating to permit renewal,deleted text endnew text begin ornew text end 221.131 deleted text beginor 221.296deleted text end relating to annual
vehicle registration or permit renewal, deleted text begin221.121, subdivision 6g, or 221.153, subdivision 3,
relating to protective agent or private detective licensure,
deleted text end or new text beginfailure new text endto request a hearing
within 45 days of the date of suspension, is deemed an abandonment of the motor carrier's
permit or certificate and the permit or certificate must be canceled by the commissioner.

Sec. 50.

Minnesota Statutes 2008, section 221.185, subdivision 5a, is amended to read:


Subd. 5a.

Reinstatement after cancellation.

A motor carrier whose permit or
certificate is canceled for failure to comply with deleted text beginsectionsdeleted text end new text beginsection new text end221.141 deleted text beginand 221.296deleted text end
relating to bonds and insurance may ask the commissioner to review the cancellation.
Upon review, the commissioner shall rescind the cancellation if (1) the motor carrier
presents evidence showing that before the effective date of the notice of cancellation
issued under subdivision 5, the motor carrier had obtained and paid for the insurance
required by deleted text beginsectionsdeleted text end new text beginsection new text end221.141 deleted text beginand 221.296deleted text end, and the rules of the commissioner, and
(2) the commissioner is satisfied that the motor carrier has complied with the requirements
of deleted text beginsectionsdeleted text end new text beginsection new text end221.141 deleted text beginand 221.296deleted text end and the rules of the commissioner.

Sec. 51.

Minnesota Statutes 2008, section 221.185, subdivision 9, is amended to read:


Subd. 9.

New petition.

If the holder of a canceled permit or certificate seeks
authority to operate as a motor carrier it shall file a petition with the commissioner for a
permit or certificate as provided in section 221.121 deleted text beginor 221.296, whichever is applicabledeleted text end.

Sec. 52.

Minnesota Statutes 2008, section 221.605, subdivision 1, is amended to read:


Subdivision 1.

Federal regulations and state rules.

(a) Interstate carriers and
private carriers engaged in interstate commerce shall comply with the federal motor carrier
regulations in Code of Federal Regulations, title 49, parts 40, 382, 383, 387, and 390
through 398new text begin, which are incorporated by reference,new text end and with the rules of the commissioner
concerning inspections, vehicle and driver out-of-service restrictions and requirements,
and vehicle, driver, and equipment checklists. For purposes of regulating commercial
motor vehicles as defined in section 169.781, subdivision 1, the exemption provided in
Code of Federal Regulations, title 49, section 396.11, paragraph (d), applies in Minnesota
only to driveaway-towaway operations.

(b) An interstate carrier or private carrier engaged in interstate commerce who
complies with federal regulations governing testing for controlled substances and alcohol
is exempt from the requirements of sections 181.950 to 181.957 unless the carrier's drug
testing program provides for testing for controlled substances in addition to those listed in
Code of Federal Regulations, title 49, section 40.85. Persons subject to this section may
test for drugs, in addition to those listed in Code of Federal Regulations, title 49, section
40.85, only in accordance with sections 181.950 to 181.957 and rules adopted under
those sections.

Sec. 53.

Minnesota Statutes 2008, section 221.68, is amended to read:


221.68 REGISTRATION VIOLATIONS; PENALTIES.

Any person who violates or procures, aids, or abets violation of, or fails to comply
with, the provisions of deleted text beginLaws 1985, chapter 299, sections 27 to 29deleted text end new text beginsection 221.60, 221.65,
or 221.67
new text endor any valid order or rule of the commissioner issued hereunder deleted text beginshall bedeleted text end new text beginis new text endguilty
of a misdemeanor; and, additionally, deleted text beginshall bedeleted text end new text beginis new text endsubject to a penalty of $50 for each and
every day of such failure to so comply, to be recovered for the state in a civil action. Each
distinct violation deleted text beginshall bedeleted text end new text beginis new text enda separate offense.

Sec. 54.

Minnesota Statutes 2008, section 221.81, subdivision 3d, is amended to read:


Subd. 3d.

Identification.

deleted text begin(a)deleted text end A building new text beginmover is required to comply with section
221.031, subdivision 6. The
new text endmover's name and deleted text beginaddressdeleted text end new text beginUSDOT number new text endmust be displayed
on the power unit of a vehicle used to move buildings and on buildings being moved.

deleted text begin (b) Vehicles and buildings must show the name or "doing business as" name of
the license holder operating the vehicle and the community and abbreviation of the
state in which the license holder maintains its principal office or in which the vehicle is
customarily based. If the building mover operates a leased vehicle, it may show its name
and the name of the lessor on the vehicle, if the lease relationship is clearly shown. If
the name of a person other than the building mover appears on the vehicle, the words
"operated by" must immediately precede the name of the building mover.
deleted text end

deleted text begin (c) The name and address must be in letters that contrast sharply in color with the
background, be readily legible during daylight hours from a distance of 50 feet while the
vehicle or building is stationary, and be maintained in a manner that retains the legibility
of the markings. The name and address may be shown by use of a removable device if that
device meets the identification and legibility requirements of this subdivision.
deleted text end

Sec. 55. new text beginREVISION OF RULES.
new text end

new text begin The commissioner of transportation shall repeal, amend, and adopt revisions to
rules relating to motor carriers contained in Minnesota Rules, chapters 7800, 7805, 8850,
8855, and 8920, and may use the expedited process for adopting rules under Minnesota
Statutes, section 14.389.
new text end

Sec. 56. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the headnote for Minnesota Statutes, section
221.121, to read "HOUSEHOLD GOODS MOVER PERMIT."
new text end

Sec. 57. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 169.67, subdivision 6; 169.826, subdivisions
1b and 5; 169.832, subdivisions 11 and 11a; 221.012, subdivisions 2, 3, 6, 7, 11, 12,
21, 23, 24, 30, 32, 39, 40, and 41; 221.031, subdivision 2b; 221.072; 221.101; 221.111;
221.121, subdivisions 2, 3, 5, 6, 6a, 6c, 6d, 6e, and 6f; 221.131, subdivision 2a; 221.141,
subdivision 6; 221.151, subdivisions 2 and 3; 221.153; 221.172, subdivisions 4, 5, 6, 7,
and 8; and 221.296, subdivisions 3, 4, 5, 6, 7, and 8,
new text end new text begin are repealed.
new text end

Sec. 58. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 2, 32, and 54 are effective August 1, 2011.
new text end