SF 3531

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/29/2022 11:56am

A bill for an act
relating to transportation; authorizing third-party commercial driver's license road
tests; authorizing rulemaking; appropriating money; amending Minnesota Statutes
2021 Supplement, section 171.13, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 171; repealing Minnesota Rules, part 7411.0630,
subpart 6.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 171.13, subdivision 1, is amended
to read:

Subdivision 1.

Examination subjects and locations; provisions for color blindness,
disabled veterans.

(a) new text begin An applicant for a driver's license must pass the examination required
by this section before being issued a driver's license. new text end Except as otherwise provided deleted text begin in this deleted text end new text begin
by new text end section new text begin 171.135 new text end , the commissioner deleted text begin shall examine each applicant for a driver's license by
such agency as the commissioner directs deleted text end new text begin must conduct the examination new text end . This examination
must include:

(1) a test of the applicant's eyesight, provided that this requirement is met by submission
of a vision examination certificate under section 171.06, subdivision 7;

(2) a test of the applicant's ability to read and understand highway signs regulating,
warning, and directing traffic;

(3) a test of the applicant's knowledge of (i) traffic laws; (ii) the effects of alcohol and
drugs on a driver's ability to operate a motor vehicle safely and legally, and of the legal
penalties and financial consequences resulting from violations of laws prohibiting the
operation of a motor vehicle while under the influence of alcohol or drugs; (iii) railroad
grade crossing safety; (iv) slow-moving vehicle safety; (v) laws relating to pupil
transportation safety, including the significance of school bus lights, signals, stop arm, and
passing a school bus; (vi) traffic laws related to bicycles; and (vii) the circumstances and
dangers of carbon monoxide poisoning;

(4) an actual demonstration of ability to exercise ordinary and reasonable control in the
operation of a motor vehicle; and

(5) other physical and mental examinations as the commissioner finds necessary to
determine the applicant's fitness to operate a motor vehicle safely upon the highways.

(b) Notwithstanding paragraph (a), the commissioner must not deny an application for
a driver's license based on the exclusive grounds that the applicant's eyesight is deficient in
color perception or that the applicant has been diagnosed with diabetes mellitus. War veterans
operating motor vehicles especially equipped for disabled persons, if otherwise entitled to
a license, must be granted such license.

(c) The commissioner shall make provision for giving the examinations under this
subdivision either in the county where the applicant resides or at a place adjacent thereto
reasonably convenient to the applicant.

(d) The commissioner shall ensure that an applicant is able to obtain an appointment for
an examination to demonstrate ability under paragraph (a), clause (4), within 14 days of the
applicant's request if, under the applicable statutes and rules of the commissioner, the
applicant is eligible to take the examination.

Sec. 2.

new text begin [171.135] THIRD-PARTY COMMERCIAL DRIVER'S LICENSE ROAD
TESTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Applicant" means the individual or entity applying to be a third-party tester program
or a third-party tester.
new text end

new text begin (c) "Road test" means the physical demonstration of ability to exercise ordinary and
reasonable control in the operation of a motor vehicle as required in section 171.13,
subdivision 1, paragraph (a), clause (4).
new text end

new text begin (d) "Third-party tester" or "tester" means an employee of a third-party testing program
who is authorized by the commissioner to conduct the road test for a commercial driver's
license.
new text end

new text begin (e) "Third-party testing program" or "program" means a program approved by the
commissioner to administer the road test conducted by a third-party tester.
new text end

new text begin Subd. 2. new text end

new text begin Third-party testing program; application. new text end

new text begin (a) An applicant must apply in
the manner specified by the commissioner for approval to administer the road test. A
third-party testing program may administer the road test under this section if the program
is approved by the commissioner.
new text end

new text begin (b) A program application to the commissioner must include:
new text end

new text begin (1) the business or entity name;
new text end

new text begin (2) a business registration number if a business or tax identification number if a nonprofit
entity;
new text end

new text begin (3) mailing address, telephone number, and e-mail address of the administrative office;
new text end

new text begin (4) the name of an authorized official responsible for the program and application and
the official's title and telephone number;
new text end

new text begin (5) a map, drawing, or written description of each test route to be used for road tests;
new text end

new text begin (6) the name, birth date, home address, and driver's license number of all individuals
the applicant wants to employ as a certified third-party tester;
new text end

new text begin (7) the amount for fees, if any, that will be charged; and
new text end

new text begin (8) a surety bond, in the amount prescribed by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Third-party testing program; office location. new text end

new text begin To qualify as a third-party
testing program, the applicant must be located in Minnesota and must maintain an
administrative office in at least one permanent, regularly occupied building with a permanent
address.
new text end

new text begin Subd. 4. new text end

new text begin Third-party testing program; evaluation and approval. new text end

new text begin (a) The commissioner
must evaluate each application submitted by a third-party testing program applicant. If the
application is satisfactory, the commissioner must approve the application.
new text end

new text begin (b) Upon approval of a third-party testing program application, the commissioner must
issue a letter of approval designating the third-party testing program. The letter of approval
constitutes an agreement between the state and the third-party testing program that authorizes
the program to administer the road test for a commercial driver's license.
new text end

new text begin (c) A letter of approval to operate a third-party testing program is not transferable.
new text end

new text begin Subd. 5. new text end

new text begin Third-party tester; authority. new text end

new text begin (a) An individual may conduct the road test
for a commercial driver's license under this section if the person:
new text end

new text begin (1) possesses a valid third-party tester certificate, as provided in subdivision 6; and
new text end

new text begin (2) meets the requirements under Minnesota Rules, chapter 7410, and Code of Federal
Regulations, title 49, part 380, section 605, and part 383.
new text end

new text begin (b) A third-party tester is subject to the same requirements as examiners employed by
the state, including but not limited to background checks. The third-party tester must pay
the cost for a required background check.
new text end

new text begin Subd. 6. new text end

new text begin Third-party tester; certificates. new text end

new text begin (a) The commissioner must issue a third-party
tester certificate to an individual who satisfactorily completes the required training and is
authorized as a third-party tester.
new text end

new text begin (b) A third-party tester certificate is effective on the date of issuance and expires four
years after issuance. A third-party tester must submit an application for renewal of the
certificate to the commissioner no less than 30 days before the date the previously issued
certificate expires.
new text end

new text begin (c) The third-party testing program must keep a copy of the certificate of each third-party
tester employed by the program on file in the administrative office of the program.
new text end

new text begin (d) A third-party tester certificate is not transferable.
new text end

new text begin Subd. 7. new text end

new text begin Training and information. new text end

new text begin (a) The commissioner must provide a training
process that allows an individual to become authorized as a third-party tester.
new text end

new text begin (b) The commissioner must provide to each third-party tester all relevant information
on how to conduct the road test. At a minimum, the commissioner must provide:
new text end

new text begin (1) the criteria on which applicants for a commercial driver's license must be tested
during the road test;
new text end

new text begin (2) the method of scoring and evaluating the applicant for a commercial driver's license;
new text end

new text begin (3) the method and criteria for determining test routes; and
new text end

new text begin (4) the necessary documentation to conduct the road test.
new text end

new text begin Subd. 8. new text end

new text begin Road tests. new text end

new text begin (a) A third-party tester must conduct the commercial driver's license
road test in the manner and subject to the requirements of this section; section 171.131;
Minnesota Rules, chapter 7410; and Code of Federal Regulations, title 49, part 383.
new text end

new text begin (b) If the third-party tester also provides behind-the-wheel instruction for student drivers
or employees, the third-party tester must not use the same routes for training and conducting
the road test.
new text end

new text begin (c) Upon passage of the road test, the third-party tester must provide the person with
certification of passage of the road test. The certification must be in a form prescribed by
the commissioner.
new text end

new text begin Subd. 9. new text end

new text begin Prohibited road tests. new text end

new text begin (a) A third-party tester must not conduct a road test for
a person who is required to be examined by the commissioner under section 171.13,
subdivision 3, and Minnesota Rules, part 7410.2400.
new text end

new text begin (b) A third-party tester must not conduct a fourth or subsequent road test for a person.
new text end

new text begin Subd. 10. new text end

new text begin Immunity. new text end

new text begin The department shall be held harmless for any claims, losses,
damages, costs, and other proceedings made, sustained, brought, or prosecuted in any manner
based on or occasioned by or attributive to any injury, infringement, or damage arising from
any act or omission of the third-party tester or the third-party testing program in the
performance of testing duties.
new text end

new text begin Subd. 11. new text end

new text begin Application. new text end

new text begin This section does not apply to employees of the state that conduct
the road test.
new text end

new text begin Subd. 12. new text end

new text begin Oversight; investigations. new text end

new text begin (a) The commissioner must monitor and audit the
road tests conducted by third-party testers.
new text end

new text begin (b) The commissioner must establish a process to investigate alleged violations of the
law and complaints made against third-party testers or programs. The third-party tester or
program must be given notice of an investigation and be allowed to participate in the
investigation. The commissioner must provide the results of an audit or investigation to the
third-party program and any third-party testers.
new text end

new text begin Subd. 13. new text end

new text begin Denial; cancellation; suspension. new text end

new text begin (a) The commissioner may deny an
application for a third-party testing program or third-party tester if the applicant does not
qualify for approval or certification under this section or Minnesota Rules, parts 7410.6000
to 7410.6540. In addition, a misstatement or misrepresentation is grounds for denying a
letter of approval for a third-party program or a third-party tester certificate.
new text end

new text begin (b) The commissioner may cancel the approval of a third-party testing program or
third-party tester or may suspend a program or tester for:
new text end

new text begin (1) failure to comply with or satisfy any provision of this section or Minnesota Rules,
parts 7410.6000 to 7410.6540;
new text end

new text begin (2) falsification of any records or information relating to the third-party testing program;
new text end

new text begin (3) performance in a manner that compromises the integrity of the third-party testing
program. The commissioner must use the same standards of integrity for state-employed
testers and third-party testers; or
new text end

new text begin (4) the withdrawal of a third-party tester's driving privileges.
new text end

new text begin Subd. 14. new text end

new text begin Commissioner's discretion. new text end

new text begin (a) The existence of grounds for cancellation or
suspension under subdivision 13 is determined at the sole discretion of the commissioner.
If the commissioner determines that grounds for cancellation or suspension exist for failure
to comply with or satisfy any requirement in this section or Minnesota Rules, parts 7410.6000
to 7410.6540, the commissioner may immediately cancel or suspend the third-party testing
program or third-party tester from administering any further tests.
new text end

new text begin (b) When an application to be a third-party testing program or third-party tester
application is denied, or when individual program approval or a tester's certificate is canceled,
a notice must be mailed to the subject indicating the reasons for the denial or cancellation
and that the third-party testing program or third-party tester may appeal the decision as
provided in subdivision 16.
new text end

new text begin Subd. 15. new text end

new text begin Correction order. new text end

new text begin If an audit by the commissioner identifies a situation that
needs correction but does not merit suspension or cancellation, the commissioner may issue
a correction order to a third-party tester or program for 30 days to correct a deficiency before
the program or tester becomes subject to suspension or cancellation. The notice must include
the basis for requiring the correction. The notice must notify the individual of the ability to
appeal the correction order as provided in subdivision 16. The third-party testing program
or third-party tester is permitted 30 days to correct the deficiency without having to reapply.
new text end

new text begin Subd. 16. new text end

new text begin Notice of denial or cancellation; request for reconsideration and
hearing. new text end

new text begin (a) Within 20 calendar days of the mailing date of a notice of cancellation or denial
issued pursuant to subdivision 14 or correction order issued pursuant to subdivision 15, the
third-party testing program or third-party tester may submit a request for reconsideration
in writing to the commissioner. The commissioner shall review the request for reconsideration
and issue a decision within 30 days of the mailing date of the request. The third-party testing
program or third-party tester may request a contested case hearing under chapter 14 within
20 days of receipt of the commissioner's decision.
new text end

new text begin (b) As an alternative to the process in paragraph (a), the third-party testing program or
third-party tester may initiate a contested case proceeding within 20 calendar days of the
mailing date of a notice of cancellation or denial issued pursuant to subdivision 14 or a
correction order issued pursuant to subdivision 15.
new text end

new text begin (c) If a correction order issued pursuant to subdivision 15 is appealed under paragraph
(a) or (b), the commissioner must not enforce the correction order until the appeal is complete.
new text end

new text begin Subd. 17. new text end

new text begin Rulemaking. new text end

new text begin (a) Except where otherwise provided by this section, the
commissioner must apply applicable provisions from Minnesota Rules, parts 7410.6000 to
7410.6540, to third-party testing of commercial drivers' licenses. The provisions in Minnesota
Rules, parts 7410.6160, 7410.6180, 7410.6280, 7410.6290, 7410.6520, subpart 2, and
7410.6540, do not apply to third-party testing for commercial drivers' licenses.
new text end

new text begin (b) To the extent that Minnesota Rules, parts 7410.6000 to 7410.6540, or other laws do
not prescribe requirements on the following topics, the commissioner may adopt rules on
these topics as they pertain to third-party testing programs and testers:
new text end

new text begin (1) criteria for approval of an application of a third-party testing program or tester;
new text end

new text begin (2) requirements for training to become a third-party testing program or tester;
new text end

new text begin (3) the method of scoring and evaluating an applicant for a commercial driver's license;
new text end

new text begin (4) the method and criteria for determining test routes;
new text end

new text begin (5) documentation necessary to conduct a road test;
new text end

new text begin (6) the manner of conducting a road test for a commercial driver's license; and
new text end

new text begin (7) a process to investigate alleged violations of law and complaints made against
third-party testing programs and testers.
new text end

new text begin (c) The commissioner must not adopt rules that create standards for third-party testing
programs and third-party testers to provide road tests for a commercial driver's license that
are higher than standards required for the state or state employees who perform road tests
for commercial drivers' licenses.
new text end

new text begin (d) If the commissioner does not adopt rules by June 1, 2024, rulemaking authority under
this section is repealed. Rulemaking authority under this section is not continuing authority
to amend or repeal rules. Notwithstanding section 14.125, any additional action on rules
after adoption must be under specific statutory authority to take the additional action.
new text end

Sec. 3. new text begin RULES.
new text end

new text begin If the commissioner of public safety determines that any additional rules, beyond those
authorized to be adopted under Minnesota Statutes, section 171.135, are required to
implement this act, the commissioner must report to the chairs and ranking minority members
of the committees in the senate and house of representatives with jurisdiction over
transportation by January 15, 2023, describing topics on which additional rulemaking is
required. The report must include draft legislation to authorize the necessary rulemaking.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $429,000 in fiscal year 2023, $390,000 in fiscal year 2024, and $390,000 in fiscal year
2025 are appropriated from the driver services operating account in the special revenue
fund to the commissioner of public safety for the costs of implementing and administering
the requirements of this act.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 7411.0630, subpart 6, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: S3531-2

7411.0630 INSTRUCTOR TRAINING QUALIFICATIONS.

Subp. 6.

Class A, B, or C motor vehicle training instructor.

An instructor providing instruction to operate a class A, B, or C motor vehicle must have a commercial driver's license representative of the vehicle class used for instruction.

A.

To provide instruction in a program for the operation of a class A, B, or C motor vehicle, the instructor must successfully complete training to operate the class of motor vehicle for which instruction will be provided.

B.

To qualify as an instructor, the individual must document and demonstrate competency of the individual's:

(1)

knowledge of the motor vehicle class;

(2)

knowledge of federal and state laws and regulations related to the class of motor vehicle for which instruction will be provided;

(3)

written communication skills;

(4)

oral instruction presentation and delivery techniques;

(5)

ability to conduct performance assessments;

(6)

ability to control driving activities on the range;

(7)

experience, by a showing of 3,000 hours within the last five years of experience operating the class of vehicle for which instruction will be provided;

(8)

ability to develop training routes and ranges;

(9)

record keeping in compliance with state rules and federal regulations;

(10)

ability to develop and maintain a learning environment;

(11)

ability to give clear and concise directions;

(12)

ability to develop task breakdown explanations;

(13)

ability to organize and deliver lessons;

(14)

ability to respond calmly and decisively to instruction situations;

(15)

time management;

(16)

ability to comment on the driving environment while safely operating the motor vehicle;

(17)

ability to take control of the vehicle from the right passenger seat of the vehicle; and

(18)

ability to contact first aid resources in the event of an emergency.