Office of the Revisor of Statutes
Minnesota Session Laws - 1983, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 371--S.F.No. 1009
An act relating to transportation; defining certain
terms relating to motor vehicle carriers; delineating
exemptions; prescribing rules for operation of
carriers; providing for investigation of carriers;
providing for regulation of carriers of hazardous
materials; providing for granting of certificates for
operation; setting procedures for establishing rate
schedules; providing for fees; providing for annual
registration; requiring certificates of insurance;
allowing permits to be assigned or transferred under
certain conditions; providing hearing procedures
regarding rate schedules; requiring shipping
documents; providing for regulation of interstate
carriers; authorizing suspension of operating
authority under certain conditions; requiring refunds
for overcharges; providing enforcement powers;
providing penalties; providing for annual renewal of
identification stamps; regulating local cartage
carriers; assigning duties, functions, and powers to
the public utilities commission until the
transportation regulation board is established and
appointed; amending Minnesota Statutes 1982, sections
168.013, subdivision 1e; 174.22, subdivision 2;
221.011, subdivisions 3, 9, 11, 12, 14, 15, 16, 19,
21, and 24, and by adding subdivisions; 221.021;
221.031; 221.041; 221.071; 221.111; 221.121; 221.131;
221.141, subdivision 1, and by adding a subdivision;
221.151; 221.161; 221.171; 221.181; 221.221; 221.251;
221.291; 221.296, subdivisions 2, 3, and 4; and
221.64; proposing new law coded in Minnesota Statutes,
chapter 221; repealing Minnesota Statutes 1982,
sections 221.011, subdivisions 4 and 22; 221.032;
221.141, subdivision 2; 221.292; 221.294; and 221.296,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 168.013,
subdivision 1e, is amended to read:
Subd. 1e. [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On
all trucks and tractors except those in this chapter defined as
farm trucks, and urban trucks, and on all truck-tractor and
semitrailer combinations except those defined as farm
combinations and urban 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 - 9,000 45
F 9,001 - 12,000 70
G 12,001 - 15,000 105
H 15,001 - 18,000 145
I 18,001 - 21,000 190
J 21,001 - 27,000 270
K 27,001 - 33,000 360
L 33,001 - 39,000 470
M 39,001 - 45,000 590
N 45,001 - 51,000 710
O 51,001 - 57,000 860
P 57,001 - 63,000 1010
Q 63,001 - 69,000 1180
R 69,001 - 73,280 1320
S 73,281 - 78,000 1520
T 78,001 - 81,000 1620
For each vehicle with a gross weight in excess of 81,000
pounds an additional tax of $50 is imposed for each ton or
fraction thereof in excess of 81,000 pounds, subject to
provisions of subdivision 12.
All Truck-tractors except those herein defined as farm and
urban truck-tractors 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 such the truck-tractor and
any semitrailer or semitrailers which the applicant proposes to
combine with the truck-tractor. In addition, to the gross
weight tax imposed on the truck-tractor, each semitrailer shall
be taxed a fee of $10 for a one-year period or $50 for a five-
year period whichever the applicant elects.
Commercial zone trucks include only all trucks and all,
truck-tractors, and semitrailer combinations which are:
(1) used by an authorized local cartage carrier operating
under a permit issued pursuant to under section 221.296 and
whose gross transportation revenue consists of at least 60
percent obtained solely from local cartage carriage, and are
operated solely within the an area defined in section 221.296,
subdivision 1 composed of two contiguous cities of the first
class and municipalities contiguous thereto as defined by
section 221.011, subdivision 17; or,
(2) operated by an interstate carrier registered pursuant
to under section 221.61 or 221.62, or by an authorized local
cartage carrier or other carrier receiving operating authority
pursuant to under chapter 221, and operated solely within a zone
exempt from regulation by the interstate commerce commission
pursuant to 49 U.S.C. 10526(b) United States Code, title 49,
section 10526(b).
The license plates issued for commercial zone vehicles
shall be plainly marked. Any 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
penalty therefor, shall have the registration of the vehicle as
a commercial zone vehicle revoked by the registrar and shall be
required to reregister the vehicle at 100 percent of the full
annual tax prescribed in the Minnesota base rate schedule, and
no part of this tax shall be refunded during the balance of the
registration year.
On commercial zone trucks the tax shall be based on the
total gross weight of the vehicle and during the first eight
years of vehicle life shall be 75 percent of the Minnesota base
rate schedule. During the ninth and succeeding years of vehicle
life the tax shall be 50 percent of the Minnesota base rate
schedule, except as otherwise provided in this subdivision. On
commercial zone trucks, during the ninth and succeeding years of
vehicle life, the tax shall be:
(a) for the 1982 registration year, 35 percent of the tax
imposed in the Minnesota base rate schedule;
(b) for the 1983 registration year, 40 percent of the tax
imposed in the Minnesota base rate schedule;
(c) for the 1984 registration year, 45 percent of the tax
imposed in the Minnesota base rate schedule;
(d) for the 1985 registration year, and each succeeding
year, 50 percent of the tax imposed in the Minnesota base rate
schedule.
On all trucks, truck-tractors and semitrailer combinations,
except those defined as farm trucks and farm combinations, and
except for those urban trucks and combinations and commercial
zone vehicles specifically provided for in this subdivision, the
tax for the first eight years of vehicle life shall be 100
percent of the tax imposed in the Minnesota base rate schedule,
and during the ninth and succeeding years of vehicle life, the
tax shall be 75 percent of the Minnesota base rate prescribed by
this subdivision, except as otherwise provided in this
subdivision.
On all trucks, truck-tractors and semitrailer combinations,
except those defined as farm trucks and farm combinations, and
except for those urban trucks and combinations and commercial
zone vehicles specifically provided for in this subdivision,
during each of the first eight years of vehicle life the tax
shall be:
(a) for the registration year 1982, 83 percent of the tax
imposed in the Minnesota base rate schedule;
(b) for the registration year 1983, 89 percent of the tax
imposed in the Minnesota base rate schedule;
(c) for the registration year 1984, 95 percent of the tax
imposed in the Minnesota base rate schedule;
(d) for the registration year 1985, and each succeeding
year, 100 percent of the tax imposed in the Minnesota base rate
schedule.
Sec. 2. Minnesota Statutes 1982, section 174.22,
subdivision 2, is amended to read:
Subd. 2. "Commuter van" has the meaning given it in
section 221.011, subdivision 22, clause (l) means a motor
vehicle used in a ridesharing arrangement and used principally
to provide prearranged transportation of persons for a fee to or
from their place of employment or to or from a transit stop
authorized by a local transit authority:
(a) when the vehicle is operated by a person who does not
drive the vehicle for that person's principal occupation but is
driving it only to or from that person's principal place of
employment or to or from a transit stop authorized by a local
transit authority; or
(b) when the vehicle is operated for personal use at other
times by an authorized driver.
Sec. 3. Minnesota Statutes 1982, section 221.011,
subdivision 3, is amended to read:
Subd. 3. "Motor vehicle" means any a self-propelled
vehicle used upon the highways for the transportation of persons
or property for hire.
Sec. 4. Minnesota Statutes 1982, section 221.011,
subdivision 9, is amended to read:
Subd. 9. "Regular route common carrier" means any a person
who holds himself out to the public as willing to undertake, for
hire, to transport passengers or property by motor vehicle
between fixed termini over a regular route upon the public
highways passengers or property but does not include persons
while engaged exclusively in the transportation of children to
or from school; or persons while engaged exclusively in farming
or in transporting agricultural, horticultural, dairy or farm
products from farms to primary markets; or persons while engaged
in transporting freight within any city or between contiguous
cities when the transportation is not under a common control,
management or arrangement for a continuous carriage or shipment,
to or from a point without the city; or any person engaged in
operating taxicabs or operating hotel buses from a depot or
airport to a hotel; or any bona fide cooperative association
whose membership is limited to bona fide farmers' cooperative
associations and who performs transportation and does business
only with and for the associations, which business includes
substantially other business than merely transportation; or any
person holding a courier services carrier permit.
Sec. 5. Minnesota Statutes 1982, section 221.011,
subdivision 11, is amended to read:
Subd. 11. "Irregular route common carrier" means any a
person who holds himself out to the public as willing to
undertake to transport property from place to place over
highways for hire but who does not operate between fixed termini
or over a regular route or on regular time schedules. Irregular
route common carrier does not include taxis and limousine
services transporting passengers and their luggage.
Sec. 6. Minnesota Statutes 1982, section 221.011,
subdivision 12, is amended to read:
Subd. 12. "Contract carrier" means any a person engaged in
the business of transporting property for hire over the highways
under special contracts of carriage with the shippers or
receivers of freight who require a specialized service to meet
their needs, or a carrier who limits his hauling for the account
of not more than ten customers.
Sec. 7. Minnesota Statutes 1982, section 221.011,
subdivision 14, is amended to read:
Subd. 14. "Permit carrier" means every a motor carrier
embraced within the provisions of this chapter other than
regular route common carriers and petroleum carriers except as
otherwise provided herein.
Sec. 8. Minnesota Statutes 1982, section 221.011,
subdivision 15, is amended to read:
Subd. 15. "Motor carriers carrier" includes all carriers
means a carrier operating for hire under the authority of
sections 221.011 to 221.296 and 221.61 to 221.68 chapter 221 and
subject to the rules or and orders of the commissioner or and
the board.
Sec. 9. Minnesota Statutes 1982, section 221.011,
subdivision 16, is amended to read:
Subd. 16. "For hire" means for remuneration or
compensation of any kind promised, paid, or given to or received
by a person for the transportation of persons or property on the
highways, and includes compensation obtained by a motor carrier
indirectly, by subtraction from the purchase price or addition
to the selling price of property transported, when the purchase
or sale of the property is not a bona fide purchase or sale. The
transportation of property by a person who purchases it
immediately before transporting it, and sells it immediately
after transporting it, is transportation for hire. The lease or
rental of a motor vehicle to a person for transportation of the
person's property which directly or indirectly includes the
lessor's services as a driver is transportation for hire and not
private carriage. "For hire" does not include motor vehicle
operations conducted merely as an incident to or in furtherance
of a business activity other than transportation.
Sec. 10. Minnesota Statutes 1982, section 221.011,
subdivision 19, is amended to read:
Subd. 19. "Service of notice and orders" means depositing
the same notice and orders in the United States mails properly
enveloped, addressed, and stamped, provided that service of any
a notice or order requiring an affirmative or negative action by
any a person must be by registered certified United States mail
with return receipt.
Sec. 11. Minnesota Statutes 1982, section 221.011,
subdivision 21, is amended to read:
Subd. 21. "Charter carrier" means a person who engages in
the business of transporting the public by motor buses under
charter. The term "charter carrier" shall not be construed to
does not include taxicabs or school bus operators when engaged
in transportation involving any school activity or regular route
common carriers or of passengers.
Sec. 12. Minnesota Statutes 1982, section 221.011,
subdivision 24, is amended to read:
Subd. 24. "Livestock carrier" means any person whose
primary business is the transportation of livestock and who, in
so doing on his return trip may transport other commodities or
property to his headquarters area, and who also may transport
supplies and equipment used in farm work from his headquarters
area to any point in the state or from any point in the state to
his headquarters area.
Sec. 13. Minnesota Statutes 1982, section 221.011, is
amended by adding a subdivision to read:
Subd. 26. "Private carrier" means a person engaged in the
transportation of property or passengers by motor vehicle when:
(a) the person transporting the property or passengers is
engaged in a business other than transportation; and
(b) the transportation is within the scope of and furthers
a primary business, other than transportation, of that person.
"Private carrier" does not include a person while engaged
in transportation described in section 20.
Sec. 14. Minnesota Statutes 1982, section 221.011, is
amended by adding a subdivision to read:
Subd. 27. "Commuter van" means a motor vehicle used in a
ridesharing arrangement and used principally to provide
prearranged transportation of persons for a fee to or from their
place of employment or to or from a transit stop authorized by a
local transit authority:
(a) when the vehicle is operated by a person who does not
drive the vehicle for that person's principal occupation but is
driving it only to or from that person's principal place of
employment or to or from a transit stop authorized by a local
transit authority; or
(b) when the vehicle is operated for personal use at other
times by an authorized driver.
Sec. 15. Minnesota Statutes 1982, section 221.011, is
amended by adding a subdivision to read:
Subd. 28. "Local cartage carrier" means a person engaged
in transporting property or freight, other than household goods
and petroleum products, for hire when the movement is entirely
within an area composed of two contiguous cities of the first
class and municipalities contiguous thereto as defined by
subdivision 17.
Sec. 16. Minnesota Statutes 1982, section 221.011, is
amended by adding a subdivision to read:
Subd. 29. "Hazardous material" means a substance or
material determined by the United States secretary of
transportation to be capable of posing an unreasonable risk to
health, safety, and property when transported in commerce, and
so designated by the United States secretary of transportation.
Sec. 17. Minnesota Statutes 1982, section 221.011, is
amended by adding a subdivision to read:
Subd. 30. "Hazardous substance" has the meaning given it
in Code of Federal Regulations, title 49, section 171.8.
Sec. 18. Minnesota Statutes 1982, section 221.011, is
amended by adding a subdivision to read:
Subd. 31. "Hazardous waste" has the meaning given it in
Code of Federal Regulations, title 49, section 171.8.
Sec. 19. Minnesota Statutes 1982, section 221.021, is
amended to read:
221.021 [OPERATION CERTIFICATE OR PERMIT REQUIRED.]
No person shall operate as a motor carrier without a
certificate or permit in full force and effect with respect to
such operation. Any. A certificate or permit may be suspended
or revoked upon conviction of violating any a provision of
sections 221.011 to 221.296 or any an order, rule, or regulation
of the commissioner or board governing the operation of motor
carriers, and upon a finding by the court that the violation was
wilful. The board may, for good cause, after a hearing, suspend
or revoke any a permit for a violation of the a provision of
the sections noted herein 221.011 to 221.296 or any an order,
rule, or regulation of the commissioner or board issued pursuant
to the provisions of under this chapter.
Sec. 20. [221.025] [EXEMPTIONS.]
Except as provided in section 221.031 and section 22, the
provisions of this chapter do not apply to the transportation
described below:
(a) the transportation of children to or from school;
(b) the transportation of rubbish as defined in section
443.27;
(c) a commuter van as defined in section 14;
(d) authorized emergency vehicles as defined in section
169.01, subdivision 5, including ambulances, and tow trucks when
picking up and transporting disabled or wrecked motor vehicles
and when carrying proper and legal warning devices;
(e) the transportation of grain samples under conditions
prescribed by the board;
(f) the delivery of agricultural lime;
(g) 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;
(h) a person while exclusively engaged in the
transportation of sand, gravel, bituminous asphalt mix, concrete
ready mix, 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;
(i) 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;
(j) a person while engaged exclusively in transporting
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 potatoes, 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;
(k) a person engaged in transporting property or freight,
other than household goods and petroleum products in bulk,
entirely within the corporate limits of a city or between
contiguous cities except as provided in section 221.296;
(l) 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;
(m) a person engaged in transporting agricultural,
horticultural, dairy, livestock, or other farm products within
an area having a 25-mile radius from the person's home post
office. The carrier may transport other commodities within the
25-mile radius if the destination of each haul is a farm. The
owner of a truck operating under this provision shall imprint
the owner's name and address in prominent visible letters on the
outside of the cab of the truck.
Sec. 21. Minnesota Statutes 1982, section 221.031, is
amended to read:
221.031 [RULES FOR OPERATION OF MOTOR CARRIERS.]
Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] The
commissioner shall prescribe rules and regulations for the
operation of all motor carriers, including their facilities,
accounts, equipment leases, service, safety of operations and
equipment, maximum hours of service of drivers, identification
of vehicles, installation of safety devices and proper automatic
speed regulators if, in the opinion of the commissioner, there
is a necessity need for the rules and regulations. The
commissioner shall direct the repair and reconstruction or
replacement of any 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 any a city in this state or at any 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. The commissioner shall require the
filing of annual and other reports including annual accounts of
motor carriers, schedules of rates and charges, or other data by
motor carriers, regulate motor carriers in all matters affecting
the relationship between them and the traveling and shipping
public, and prescribe other rules as may be necessary to carry
out the provisions of this chapter. A motor carrier having
gross revenues from all for-hire transportation in any a
calendar year of less than $50,000 may, at the discretion of the
commissioner, be exempted from the filing of an annual report,
if in lieu instead of filing the report the motor carrier files
an affidavit, in a form as may be prescribed by the
commissioner, attesting that the motor carrier's gross revenues
have did not exceeded exceed $50,000 in the previous calendar
year. Motor carrier gross revenues from for-hire
transportation, for the purposes of this subdivision only, shall
do not include gross revenues received from the operation of
school buses as defined in section 169.01, subdivision 6. The
commissioner shall make no rules relating to rates or tariffs,
or the granting, limiting, or modifying of permits or
certificates of convenience and necessity, which powers are
powers granted to the board. The board may extend the termini
of any a route or alter or change the route of any a regular
route common carrier upon petition and after finding that public
convenience and necessity require an extension, alteration, or
change.
Subd. 2. [PRIVATE CARRIERS.] Private carriers operating
vehicles licensed and registered for a gross weight of more than
10,000 pounds, shall comply with rules adopted under section
221.031 applying to driver qualifications, maximum hours of
service of drivers, and safety of operations and equipment.
Subd. 2a. [PRIVATE AGRICULTURAL CARRIERS.] Notwithstanding
the provisions of subdivision 2, private carriers operating
vehicles transporting agricultural and other farm products
within an area having a 50-mile radius from the business
location of the private carrier must comply only with the
commissioner's rules for safety of operations and equipment.
Subd. 3. [VEHICLES OVER 10,000 POUNDS NOT EXEMPT.]
Vehicles providing transportation described in section 20 which
are registered and licensed for a gross weight in excess of
10,000 pounds, must comply with the rules of the commissioner
for safety of operations and equipment.
Subd. 4. [CERTAIN VEHICLES EXEMPT.] Subdivision 3 does not
apply to school buses defined in section 169.01, subdivision 6,
farm trucks described in section 168.011, subdivision 17,
operated in an area having a 150-mile radius from that person's
home post office, implements of husbandry, commuter vans, and
authorized emergency vehicles.
Subd. 5. [DEPARTMENT INVESTIGATES.] The department shall
investigate the operation of all motor carriers subject to the
rules of the commissioner under this section, their compliance
with all rules of the department and board and with the
provisions of chapter 221, and may institute and prosecute all
actions and proceedings in the proper district court for
enforcement of those rules.
Subd. 6. [VEHICLE IDENTIFICATION RULE.] Vehicles providing
transportation described in section 20, (b), (f), and (g) to (m)
must comply with the vehicle identification rule of the
commissioner.
Sec. 22. [221.033] [REGULATION OF HAZARDOUS MATERIALS.]
No person may transport or have transported or shipped
within the state of Minnesota a hazardous material, hazardous
substance, or hazardous waste except in compliance with United
States Code, title 49, sections 1801 to 1811 and the provisions
of Code of Federal Regulations, title 49, sections 171 to 199.
Sec. 23. Minnesota Statutes 1982, section 221.041, is
amended to read:
[221.041] [RATE-MAKING POWERS.]
Subdivision 1. [CONSIDERATIONS; PROCEDURES.] The board
shall fix and establish just, reasonable, and nondiscriminatory
rates, fares, charges, and the rules and classifications
incident to tariffs for all regular route common carriers and
petroleum carriers. In prescribing such rates, fares, charges,
classifications, and rules for the carrying of freight, persons,
or property, the board shall take into consideration the effect
of the proposed rates or fares upon the users of the service and
upon competitive carriers by motor vehicle and rail and, insofar
as possible, avoid rates and fares which will result in
unreasonable and destructive competition. In making its
determination, the board shall consider, among other things, the
cost of the service rendered by the carrier, including an
adequate sum for maintenance and depreciation, and an adequate
operating ratio under honest, economical, and efficient
management. No such rate or fares shall may be put into effect
or changed or altered except upon hearing duly had and an order
therefor by the board, or except as herein otherwise provided.
The board may authorize such the changes ex parte which, in its
opinion, are not of sufficient import to require a hearing. In
any an emergency, the board may order a change in existing rates
or fares without a hearing. In instances of such ex parte or
emergency orders, the board shall, within five (5) days, serve a
copy of its order granting such the change in rates upon all
parties which the board deems interested in the matter,
including all competing carriers. Any An interested party shall
have 30 days from the date of the issuance of the order to
object to the order. If objection is made, the matter shall
must be set down for hearing with notice to competing carriers.
Subd. 2. [FILING.] A regular route common carrier and a
petroleum carrier, upon approval by the board of its rates,
fares, charges, and rules and classifications incident to
tariffs shall file its rates, fares, charges, and tariffs with
the commissioner. Filings must be prepared and filed in the
manner prescribed by the commissioner. The commissioner may not
accept for filing rates, fares, charges, and tariffs which have
not been approved by the board.
Subd. 3. [PROHIBITIONS; COMPENSATION AND TIME SCHEDULES.]
No regular route common carrier or petroleum carrier shall may
charge or receive a greater or less or different compensation
for the transportation of passengers or property or for any
service in connection therewith than the rates, fares, and
charges and the rules and classifications governing the same
which have been duly approved therefor by order of the board;
nor shall any may a regular route common carrier or petroleum
carrier refund or remit in any manner or by any device any a
portion of such those rates, fares, and charges required to be
collected under the commission's board's order; nor extend to
any a shipper or person any a privilege or facilities in
connection with the transportation of passengers or property
except such as are authorized under the order of the commission
board. No passenger-carrying regular route common carrier shall
may alter or change its time schedules except upon order of the
commission board. Such The order may be issued ex parte unless
the board shall decide decides that the public interest requires
that a hearing be had thereon.
Sec. 24. Minnesota Statutes 1982, section 221.071, is
amended to read:
221.071 [ISSUANCE OF CERTIFICATE TO REGULAR ROUTE COMMON
CARRIER OR PETROLEUM CARRIER.]
Subdivision 1. [CONSIDERATIONS; TEMPORARY CERTIFICATES;
AMENDING.] If the board finds from the evidence that the
petitioner is fit and able to properly perform the services
proposed and that public convenience and necessity requires
require the granting of the petition or any a part thereof of
the petition, it shall issue a certificate of public convenience
and necessity to the petitioner. In determining whether a
certificate should be issued, the board shall give primary
consideration to the interests of the public that might be
affected thereby, to the transportation service being furnished
by any a railroad which may be affected by the granting of the
certificate, and to the effect which the granting of the
certificate will have upon other transportation service
essential to the communities which might be affected by the
granting of the certificate. The board may issue a certificate
as applied for or issue it for a part only of the authority
sought and may attach to the authority granted such terms and
conditions as in its judgment public convenience and necessity
may require.
The board may grant a temporary certificate, ex parte,
valid for a period not exceeding six months 180 days, upon a
showing that no regular route common carrier or petroleum
carrier is then authorized to serve on the route sought, that
there is no other petition is on file with the board covering
said the route, and that there is a need for the proposed
service exists.
A certificate which has been issued to a regular route
common carrier or petroleum carrier may be amended by the board
on ex parte petition and payment of a fee of $25 so as, to grant
an additional or alternate route where if there is no other
means of transportation over such the proposed additional route
or between the its termini thereon, and such the proposed
additional route does not exceed ten miles in length.
Subd. 2. [VEHICLE REGISTRATION.] Certificate carriers
shall annually register each vehicle as provided in section
221.131, subdivision 3.
Sec. 25. Minnesota Statutes 1982, section 221.111, is
amended to read:
221.111 [PERMITS TO OTHER MOTOR CARRIERS.]
All Motor carriers other than the regular route common
carriers and, petroleum carriers, and local cartage carriers,
shall obtain a permit in accordance with section 221.121,
including irregular route carriers, livestock carriers, contract
and carriers, charter carriers, and regular route common
carriers and petroleum carriers engaged exclusively in
interstate transportation courier service carriers.
Sec. 26. Minnesota Statutes 1982, section 221.121, is
amended to read:
221.121 [PETITION; HEARING; ISSUANCE; RENEWAL.]
Subdivision 1. [PERMIT CARRIERS.] Any A person desiring to
operate hereunder as a permit carrier, except as a livestock
carrier, or a local cartage carrier shall file a petition with
the board 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 such other information as the
board may require. The board, after notice to interested
parties and a hearing, shall issue the permit upon compliance
with all the laws and regulations rules relating thereto to
it, 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, that the area to be
served has a need for the transportation services requested in
the petition, and that existing permit and certificated carriers
in the area to be served have failed to demonstrate that they
offer sufficient transportation services to meet fully and
adequately such those needs, provided that no person who holds a
permit at the time sections 221.011 to 221.291 take effect shall
may be denied a renewal thereof of the permit upon compliance
with other provisions of sections 221.011 to 221.291. A permit
once granted shall continue continues in full force and effect
until abandoned or unless suspended or revoked, subject to
compliance by the permit holder with all the applicable
provisions of law and the rules of the commissioner or board
governing permit carriers. No permit shall may be issued to any
a common carrier by rail, whereby said permitting the common
carrier will be permitted to operate trucks for hire within this
state, nor shall any may a common carrier by rail be permitted
to own, lease, operate, control, or have any an interest in any
a permit carrier by truck, either by stock ownership or
otherwise, directly, indirectly, through any a holding company,
or by stockholders or directors in common, or in any other
manner. Nothing in sections 221.011 to 221.291 shall prevent
prevents the board from issuing a permit to a common carrier by
rail, whereby such authorizing the carrier will be given
authority to operate trucks wholly within the limits of any a
municipality or within adjacent or contiguous municipalities or
a common rate point served by said the railroad and which
service shall only be as a service supplementary to the rail
service now established by such the carriers.
Subd. 2. [TEMPORARY PERMIT.] The board may grant a
temporary permit, ex parte, valid for a period not exceeding six
months 180 days, upon a showing that there is an immediate and
urgent need for the proposed service, pending prompt action by
the permit holder to follow regular procedure in securing the
permit, and that such immediate and urgent authority from the
board is in the public interest. A copy of the order granting
such the temporary permit, ex parte, shall must be mailed
immediately to interested parties.
Subd. 3. [COOPERATIVE ASSOCIATIONS.] The board may issue a
permit as a contract carrier to such cooperative associations as
are described in section 221.011, subdivision 9, notwithstanding
the number of its hauling contracts, and provided that such
contract carrier shall be permitted to haul its own property
whose memberships are limited to bona fide farmers' cooperative
associations, that transport and do business only with and for
the associations, and who transport merely as an incident to
other business. The board may not limit the number of hauling
contracts of a cooperative association.
Subd. 2. 4. [EXTENSIONS OF AUTHORITY.] The board may grant
extensions of authority ex parte after due notice of a petition
has been published. Any A party desiring to protest the
petition must shall file its protest by mail or in person within
20 days of the date of notice. If a timely filed protest is
received, the matter shall must be placed on the calendar for
hearing. If a timely protest is not received, the board may
issue its order ex parte.
Subd. 3. 5. [LIVESTOCK CARRIERS.] Any A person desiring to
operate hereunder as a livestock carrier shall file a petition
with the board 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 such other information as
the board may require.
The board shall issue the permit upon compliance with all
laws and regulations rules relating thereto to the permit unless
it finds that petitioner's vehicles do not meet the safety
standards prescribed by the board commissioner or that
petitioner is not fit and able to conduct the proposed
operations. All Permits A permit issued hereunder shall under
this act must be renewed upon compliance with the provisions of
this act and the rules of the board and commissioner. A
livestock carrier, on the return trip after hauling livestock
from his headquarters area and delivering the livestock, may
transport other commodities or property to the carrier's
headquarters area. The livestock carrier may transport supplies
and equipment used in farm work from his headquarters area to
any point in the state or from any point in the state to his
headquarters area.
Subd. 4. 6. [COURIER SERVICES CARRIERS.] Any A person
desiring to operate as a courier services carrier shall follow
the procedure established in subdivision 1 and shall be granted
a permit as a courier services carrier if it the person meets
the criteria established in subdivision 1. The commission board
shall not deny a permit for a courier services carrier on the
grounds that operations performed by the applicant resemble
operations of other types of carriers defined in section 221.011.
Subd. 7. [FEES.] The permit holder shall pay a fee of $25
into the treasury of the state of Minnesota for each kind of
permit, reinstatement, or extension of authority for which a
petition is filed under this section.
Sec. 27. Minnesota Statutes 1982, section 221.131, is
amended to read:
221.131 [PERMITS; TERMS, FEES, IDENTIFICATION CARDS.]
Subdivision 1. [PERMIT RENEWAL.] Permits issued pursuant
to the provisions of sections 221.011 to 221.291 shall be under
section 221.121 are effective for a 12-month period. Each
permit must be renewed annually and each permit holder shall
have one annual renewal date encompassing all of the permits
held by him. The permit holder shall pay into the treasury of
the state of Minnesota a fee of $25 for each kind of permit,
reinstatement, or extension of authority for which a petition is
filed, except on annual renewal, pursuant to section 221.121 and
a Except as provided in section 35, the board shall consider a
petition for reinstatement of a revoked or suspended permit upon
the same procedure required for an initial petition.
Subd. 2. [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.]
The permit holder shall pay an annual registration fee of $20 on
each vehicle, including pickup and delivery vehicles, operated
by him under authority of the permit during the 12-month period
or fraction of the 12-month period. Trailers and semi-trailers
used by petitioner a permit holder in combination with power
units shall may not be counted as vehicles in the computation of
fees under this section if the petitioner permit holder pays the
fees for power units. The commissioner shall furnish a
distinguishing annual identification card for each vehicle or
power unit for which a fee has been paid, which. The
identification card shall must at all times be carried in the
vehicle or power unit to which it has been assigned. An
identification cards card may be reassigned to another vehicle
or power unit without fee by the commissioner upon petition
application of the permit holder. An identification cards card
issued under the provisions of this section shall be is valid
only for the period for which the permit is effective. The name
and residence of the permit holder shall must be stenciled or
otherwise shown on the outside of both sides doors of each
registered vehicle operated under the permit. In the event a
permit has been suspended or revoked, the board may consider a
petition for reinstatement of the permit, upon the same
procedure required for an original petition, and may, in its
discretion, grant or deny the permit A fee of $3 is charged for
the replacement of an unexpired identification card that has
been lost or damaged.
Subd. 3. [CERTIFICATE CARRIERS; ANNUAL VEHICLE
REGISTRATION.] Regular route common carriers and petroleum
carriers, operating under sections 221.011 to 221.291, shall
annually on or before January 1 of each calendar year, pay into
the treasury of the state of Minnesota an annual registration
fee of $20 for each vehicle, including pickup and delivery
vehicles, operated during any a calendar year. The commissioner
shall issue distinguishing identification cards as provided in
subdivision 2.
Subd. 4. [CARDS; FEES.] The department may issue special
"floater" identification cards up to a maximum of five per motor
carrier. Floater cards may be freely transferred between
vehicles used under short term leases by the motor carrier. The
motor carrier shall pay a fee of $100 for each floater card
issued. A fee of $3 shall be charged for the replacement of an
unexpired identification card which has been lost or damaged by
the owner.
Subd. 5. [LIMITATION.] The provisions of this section are
limited by the provisions of any applicable federal law.
Sec. 28. Minnesota Statutes 1982, section 221.141,
subdivision 1, is amended to read:
Subdivision 1. [INSURANCE OR BONDS OF MOTOR CARRIERS.]
Before any a certificate or permit shall be is issued to any
a motor carrier, it the motor carrier shall secure and cause to
be filed with the commissioner and keep the same at all times
maintain in full effect, a certificate of insurance in a form
required by the commissioner, evidencing public liability and
indemnity insurance in such an amount and in such a form as
the commissioner shall have prescribed, covering by the
commissioner. The insurance must cover injuries and damage to
persons or property occurring on the highways, other than the
employees of such the motor carrier or the property being
transported by such the carrier, provided that the commissioner
shall require cargo insurance for certificated carriers, except
those carrying passengers exclusively, and may require any a
permit carrier to file such the insurance when it the
commissioner deems necessary to protect the users of the
service. Any Insurance issued to satisfy the requirements of
this subdivision shall be is subject to cancellation for
nonpayment of premiums or withdrawals from service of a vehicle
or vehicles covered thereby by insurance upon not less than 30
days' written notice to the insured and to the commissioner.
Such The amount of insurance or bond required may from time to
time be reduced or increased by order of the commissioner. The
commissioner may, if desired by the petitioner, prescribe in
lieu of the bond or insurance such some other form of security
as may be satisfactory. The failure to maintain and cause to be
filed a certificate for any required insurance or security
shall, two days after dispatch by the commissioner by certified
mail of notice of such suspension, addressed to the last known
address of the motor carrier, suspend the permit or certificate
without further administrative proceedings until such time as
the requirements of this subdivision have been satisfied.
Sec. 29. Minnesota Statutes 1982, section 221.141, is
amended by adding a subdivision to read:
Subd. 3. [REPLACEMENT CERTIFICATE OF INSURANCE; EFFECTIVE
DATE.] Certificates of insurance which have been accepted by the
commissioner under subdivision 1 may be replaced by other
certificates of insurance and the liability of the retiring
insurer under the certificate of insurance is considered
terminated as of the effective date of the replacement
certificate, provided the replacement certificate is acceptable
to the commissioner.
Sec. 30. Minnesota Statutes 1982, section 221.151, is
amended to read:
221.151 [PERMITS ASSIGNABLE OR TRANSFERABLE.]
Subdivision 1. [PETITION.] Permits, except livestock
permits, issued under the provisions of sections 221.011 to
221.291 section 221.121 may be assigned or transferred but only
upon the order of the board approving same the transfer or
assignment after notice and hearing.
The proposed seller and buyer or lessor and lessee of a
permit, except for livestock carrier permits, shall file a joint
notarized petition with the board 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 all outstanding claims of
creditors which are directly attributable to the operation to be
conducted under said 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 board, after notice to interested parties and a
hearing, from the contents of the petition, from the evidence
produced at the hearing, 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 and will not have an adverse effect upon any
other competing carriers, the board may make an order granting
same the sale or lease. Provided, however, that the board shall
make no order granting the sale or lease of a permit to any a
person or corporation or association which holds any a
certificate or permit other than local cartage carrier permit
from the board pursuant to under this chapter or to any a common
carrier by rail.
Provided further that the board shall make no order
approving the sale or lease of a permit if the board finds that
the price paid for such the sale or lease of a permit is
disproportionate to the reasonable value of said the permit
considering all the assets and goodwill involved. The board
shall approve the sale or lease of a permit only after a finding
that the transferee is fit and able to conduct the operations
authorized under said the permit and that the vehicles he
proposes to use in conducting such the operations meet the
safety standards of the board commissioner. In determining the
extent of the operating authority to be conducted by the
transferee under the sale or lease of the permit, the past
operations of the transferor within the two-year period
immediately preceding the transfer shall must be considered and.
Only such operating authority shall may be granted to the
transferee as was actually exercised by the transferor under his
authority within the two-year period immediately preceding the
transfer as evidenced by bills of lading, company records,
operation records, or other relevant evidence.
If any an authority to operate as a permit carrier is held
by a corporation, any a sale, assignment, pledge, or other
transfer of such the stock interest in the corporation which
will accomplish a substantial or material change or transfer of
the majority ownership of said the corporation, as exercised
through its stockholders, shall must be reported in the manner
prescribed in accordance with the rules and regulations of the
board within 90 days after said the sale, assignment, pledge, or
other transfer of stock. The board shall then make a finding
whether or not said the stock transfer does, in fact, constitute
a sale, lease, or other transfer of the permit of said the
corporation to a new party or parties and, if they so find, then
the continuance of the permit issued to said the corporation
shall may only be upon the corporation's complying with the
standards and procedures otherwise imposed by this section.
Subd. 2. [EX PARTE TRANSFER.] The board shall allow a bona
fide transfer of a permit, except a livestock carrier permit, ex
parte without hearing where if the transferee of said the permit
is in fact a member or members of the transferor's immediate
family. For the purpose of this subdivision immediate family
shall consist consists only of the lawful spouse, adult child or
children, brother, or sister of the transferor. Provided
further that the immediate family as defined in this subdivision
shall does not include any a person under legal disability or
any a member of the family regardless of relationship who holds
any other permit or certificate pursuant to under this chapter
either as an individual or in partnership or as owner of an
interest in a corporation holding a permit or a certificate
pursuant to under this chapter.
Provided further that the transfer pursuant to under this
subdivision shall must include:
(1) transfer to a corporation the stock of which is wholly
owned by the transferor or the members of his immediate family;
(2) transfer to a partnership or partner consisting solely
of the immediate family as defined in this subdivision.
Provided further that said the transfer of a permit,
pursuant to under this subdivision, shall must comply with the
standards set forth in this section based upon the contents of
the petition of petitioners, all pertinent information available
to the board and the department, and their records and files.
No determination of the extent of the operating authority
previously exercised shall be is required.
If it appears to the board that said the petition and
exhibits do not reasonably comply with the standards set forth
in this section, then after notice to interested parties and the
petitioners, the board shall set assign the matter down for
hearing to determine compliance with this section. Any A user
of the service, competing carrier, or interested party shall
have the right to file a protest on such the transfer as is
provided for in this subdivision by filing a sworn statement
with the board within six months from the effective date of said
the transfer, whereupon the board shall set assign the matter
down for hearing and the continuance of the permit shall may
only be upon the transferee's compliance with the standards and
procedures otherwise imposed by this section.
Sec. 31. Minnesota Statutes 1982, section 221.161, is
amended to read:
221.161 [SCHEDULE OF RATES AND CHARGES.]
Subdivision 1. [FILING; HEARING UPON BOARD INITIATIVE.]
Every permit carrier including a livestock carrier shall file
and maintain with the commissioner a schedule of rates and
charges for the transportation of persons or property. The
filing with and acceptance by the commissioner of such these
tariffs, in accordance with the rules relating to such the
schedules, shall constitute constitutes notice to the public and
all interested parties of the contents of such the tariffs. All
Schedules shall must be prepared and filed in accordance with
the rules and regulations of the commissioner. The commissioner
shall not accept for filing schedules which are unjust and
unreasonable or unjustly discriminatory or unduly preferential
or prejudicial or otherwise in violation of the provisions of
this section. If such the schedules appear to be unjust or
unreasonable or unjustly discriminatory or unduly preferential
or prejudicial or otherwise in violation of this section, the
board after notification and investigation by the department may
suspend and postpone the effective date of such the schedules
and assign said the schedules for hearing upon notice to the
permit carrier filing such the proposed schedules and to other
interested parties, including users of the service and
competitive carriers by motor vehicle and rail. At any such the
hearing, the burden of proof shall be upon is on the permit
carrier filing the proposed schedule of rates and charges to
sustain the validity of the proposed schedule of rates and
charges. Schedules of rates and charges for the transportation
of livestock shall are not be subject to rejection, suspension,
or postponement by the board, except as provided in subdivisions
2 and 3. Such The tariffs and subsequent supplements thereto to
them or reissues thereof shall of them must state the effective
date thereof, which shall be may not be less than ten days
subsequent to following the date of filing, unless such the
period of time be is reduced by special permission of the board.
Subd. 2. [HEARING UPON COMPLAINT.] Such Tariffs,
supplements, and reissues shall must be prepared and filed in
accordance with rules to be promulgated by of the commissioner,
and any. Rates or charges, including pickup charges named
therein shall be, are subject to complaint to the board by any
an interested party, whereupon. The board, after investigation
by the department, by order on not less than ten days' notice,
may set such assign the complaint for hearing, and if at such
the hearing, the complainant submits facts and evidence
sufficient to establish proof that such the rates or charges
complained of are excessive or noncompensatory, the board may
order such the rates or charges canceled, and require the filing
of alternative and reasonable rates and charges, the reasonable
level of which at such that time shall must be indicated by the
board in such the order.
Subd. 3. [HEARING UPON PETITION BY ANOTHER CARRIER.] Upon
the filing of any a tariff or subsequent supplement thereto or
reissue thereof, any other carrier shall have has the right to
petition the board to suspend the it from taking effect of the
same until opportunity has been is had for a hearing on the
reasonableness of the rates or charges named therein, as herein
provided, and the board may so suspend the rates or charges if
in its judgment the rates or charges complained of are so
unreasonably low as to create destructive competitive practices
among or jeopardize the economic position of competing
carriers. In determining whether the rates or charges are
excessive or noncompensatory, the board shall include in its
consideration, among other things, the reasonable cost of the
services rendered for such the transportation, including a
reasonable return on the money invested in the business and an
adequate sum for maintenance and depreciation of the property
used.
Subd. 4. [HEARING ON THE MERITS OF RATES AND CHARGES.] The
board, (1) after a suspension and hearing upon a schedule of
rates and charges, or upon complaint, or upon its own
initiative, either in extension of any an existing complaint or
without any a complaint whatever, (2) after department
investigation and petition, and (3) upon notice to the permit
carrier or permit carriers tariff agent proposing, maintaining,
or charging a schedule of rates and charges on any 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 set down assign for hearing said the schedule of
rates and charges proposed, maintained, or charged by any or all
permit carriers; and,. Upon a finding, after a hearing, that
such the schedule of rates and charges are unjust or
unreasonable or unjustly discriminatory or unduly preferential
or prejudicial or otherwise in violation of any of the
provisions of this section, the board may prescribe minimum
rates and charges and the rates, rules, and practices thereafter
to be maintained and applied by such the permit carrier or
permit carriers tariff agent. In any such the hearing the
burden of proof shall be is upon the permit carrier or permit
carriers tariff agent whose schedules of rates and charges are
under investigation to show that said the schedules are not
below a minimum reasonable level or are not noncompensatory.
Schedules of rates and charges for the transportation of
livestock shall are not be subject to rejection, suspension,
postponement, or investigation by the board except as provided
in subdivisions 2 and 3.
Sec. 32. Minnesota Statutes 1982, section 221.171, is
amended to read:
221.171 [COMPENSATION OF PERMIT CARRIERS FIXED BY SCHEDULES
OF RATES AND CHARGES.]
Subdivision 1. [COMPENSATION FIXED.] No permit carrier
shall charge or receive a greater or less, lesser, or different
compensation for the transportation of persons or property or
for any related service in connection therewith, 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
commission board under the provisions of section 221.161; nor
shall any a permit carrier refund or remit in any manner or by
any device, directly or indirectly, the rates and charges
required to be collected by him under his schedules or under the
rates, if any, fixed by the board.
Subd. 2. [EXCEPTION.] 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.
Sec. 33. [221.172] [SHIPPING DOCUMENTS.]
Subdivision 1. [HAZARDOUS MATERIAL BILL OF LADING.] A
person who transports a hazardous material by motor vehicle
shall conform to the requirements of Code of Federal
Regulations, title 49, with respect to shipping documents.
Subd. 2. [HAZARDOUS WASTE MANIFEST.] A person who
transports a hazardous waste by motor vehicle shall carry in the
vehicle a hazardous waste manifest which conforms to the
requirements of Code of Federal Regulations, title 40, part 262.
Subd. 3. [RETAINED THREE YEARS.] A shipping document
described in subdivision 2 or a copy of it must be retained by
the carrier for at least three years from the date on the
shipping document.
Sec. 34. Minnesota Statutes 1982, section 221.181, is
amended to read:
221.181 [INTERSTATE CARRIERS; PERMITS, REGULATION.]
The commissioner or board, consistent with their respective
powers pursuant to this chapter, shall have the power and
authority to grant permits to may register interstate carriers
and to supervise and may regulate their operations to the extent
that such supervision and regulation constitutes a valid
exercise of the police powers of the state.
The issuance, renewal and cancellation of permits to
interstate carriers shall follow the same procedure and be based
upon the same conditions as herein provided for other permit
carriers.
Sec. 35. [221.185] [SUSPENSION AND CANCELLATION OF
OPERATING AUTHORITY; ABANDONMENT; REINSTATEMENT.]
Subdivision 1. [GROUNDS FOR SUSPENSION.] Despite the
provisions of section 221.021, authority to operate as a motor
carrier under sections 221.011 to 221.296 is suspended without a
hearing, by order of the commissioner, for a period not to
exceed 90 days upon the occurrence of any of the following and
upon notice of suspension as provided in subdivision 2:
(a) the motor carrier fails to maintain and file with the
commissioner, the insurance or bond required by sections 221.141
and 221.296 and rules of the commissioner;
(b) the motor carrier fails to renew permits as required by
section 221.131; or
(c) the motor carrier fails to pay annual vehicle
registration fees or renew permits as required by sections
221.071, 221.131, and 221.296.
Subd. 2. [NOTICE.] Failure to file and maintain insurance,
renew permits under section 221.131, or to pay annual vehicle
registration fees or renew permits under section 221.071,
221.131, or 221.296 suspends a motor carrier's operating
authority 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.
Subd. 3. [RESCIND SUSPENSION.] If the motor carrier
complies with the requirements of chapter 221 within 90 days
after the date of suspension and pays the required fees,
including a late vehicle registration fee of $5 for each vehicle
registered, the commissioner shall rescind the suspension.
Subd. 4. [ABANDONMENT.] Failure to comply with the
requirements of sections 221.141 and 221.296 relating to bonds
and insurance, 221.131 relating to permit renewal, or 221.071,
221.131, or 221.296 relating to annual vehicle registration or
permit renewal within 90 days of the date of suspension, is
deemed an abandonment of the motor carrier's authority to
operate and the operating authority must be canceled by the
commissioner.
Subd. 5. [NOTICE OF CANCELLATION.] Upon the expiration of
90 days from the date of suspension, the commissioner shall
notify the motor carrier by certified mail, return receipt
requested, that the operating authority is deemed abandoned and
will be canceled ten days after the date of mailing the notice
of cancellation unless the carrier requests a hearing. The
notice of cancellation must advise the motor carrier that a
hearing before the board regarding the cancellation may be
requested within ten days of the date of mailing the notice of
cancellation. Failure to request a hearing within ten days is
deemed a waiver of the right to a hearing on the cancellation.
Subd. 6. [CANCELLATION.] Failure to request a hearing
within ten days of the date of mailing the notice of
cancellation cancels a motor carrier's operating authority
subject to reinstatement by the board, upon the same procedure
as that provided for in an initial petition.
Subd. 7. [HEARING.] If a motor carrier requests a hearing
within ten days of the date of mailing the notice of
cancellation, the board shall (1) determine that the motor
carrier has complied with the provisions of the law, or (2) hold
a hearing to determine whether the carrier is taking reasonable
steps to comply. If the board determines that the motor carrier
has complied with the law, the board shall, by order, rescind
the notice of cancellation as provided in subdivision 3. If the
board, after holding a hearing, determines that the motor
carrier is taking reasonable steps to comply, it may, by order,
void the notice of cancellation and extend the suspension for
not more than 60 days beyond the date of mailing the notice of
cancellation.
Subd. 8. [60 DAYS TO REFORM.] No suspension may be
extended after 60 days from the date of the commissioners
mailing of the notice of cancellation. If the motor carrier
fails to comply with this chapter during the extended suspension
ordered by the board, the cancellation becomes final 60 days
after the date of mailing of the notice of cancellation and the
motor carrier is deemed to have abandoned its operating
authority as of that date. A motor carrier's operating
authority may be reinstated by the board, upon the same
procedure as that prescribed for an initial petition. The board
may, in its discretion, approve or deny the reinstatement but
must consider the failure of the motor carrier to comply with
chapter 221 as bearing upon the motor carrier's fitness and
ability to perform transportation service.
Sec. 36. Minnesota Statutes 1982, section 221.221, is
amended to read:
221.221 [ENFORCEMENT POWERS.]
Subdivision 1. [COMMISSIONER ENFORCES.] The commissioner
shall enforce the provisions of this chapter and rules, orders,
and directives issued or adopted by the board or commissioner
under this chapter.
Subd. 2. [POWERS.] Transportation representatives and
hazardous material specialists of the department for the purpose
of enforcing the provisions of this chapter and the rules,
orders, or directives of the commissioner and board issued
pursuant to under this chapter, but for no other purpose, shall
have all the powers conferred by law upon police officers. The
powers shall include the authority to conduct inspections at
designated highway weigh stations or under other appropriate
circumstances within the state for the purpose of viewing log
books, licenses, health certificates and other documents or
equipment required to be maintained within commercial motor
vehicles operating in Minnesota pursuant to applicable state
motor vehicle carrier laws and rules.
Subd. 3. [DELEGATED POWERS.] Representatives of the
department to whom authority has been delegated by the
commissioner for the purpose of enforcing sections 221.041 and
221.171 and the rules, orders, or directives of the commissioner
or board adopted or issued under those sections, and for no
other purpose, shall have the powers conferred by law upon
police officers. The representatives of the department have the
power to inspect records, logs, freight bills, bills of lading,
or other documents which may provide evidence to determine
compliance with sections 221.041 and 221.171.
Subd. 4. [INSPECTION OF DOCUMENTS.] Records, log books,
certificates, licenses, shipping documents, or other papers or
documents required to be maintained in vehicles subject to
chapter 221 and rules adopted under chapter 221, must be
presented for inspection, upon request, to a peace officer or
police officer or other person empowered to enforce the
provisions of this chapter.
Sec. 37. Minnesota Statutes 1982, section 221.251, is
amended to read:
221.251 [OVERCHARGES REFUND.]
Subdivision 1. [REFUND WITHIN 90 DAYS.] All Charges for
freight, baggage, or express that are collected by a motor
carrier over what it the carrier is entitled to receive under
the lawful tariff or classification shall must be refunded by
said the carrier within 90 days after a claim is filed, provided
that a claim shall be is filed as hereinafter provided in this
section.
Subd. 2. Every claim against a motor carrier doing
business in this state for an overcharge due to difference in
weight or inapplicable rate, or for loss, damage, or injury to
property while in its possession, shall must be adjusted and
paid within 90 days after the filing of such the claim with the
agent of the carrier delivering said the freight, baggage, or
express;, unless the delivering carrier shall protest protests
the validity of said the claim in writing to the claimant within
said a 90-day period. Settlement of all such claims with the
consignee shall be claimant is the responsibility of the carrier
which delivered delivering the freight, baggage, or express to
its ultimate destination. No such claim shall may be filed
until after the arrival of a shipment, or of some part thereof
of it, at the point of destination, or until after the lapse of
a reasonable time for the its arrival thereof. For this
purpose, a claim, when filed, shall must consist of:
(a) an original bill of lading or shipping receipt,;
(b) a paid freight bill,;
(c) a bill of claimant,; and
(d) an original invoice or certified copy when necessary.
True copies of any of these documents may be used and, in
case of absence, an explanation must be attached. The carrier
shall acknowledge the filing of a claim, or any letters, papers,
or documents purporting to be such a claim, within ten days
after receipt and, if the claim so as filed does not comply with
the above requirements, the carrier shall so inform the claimant
and advise him of what may be required to complete the claim.
Subd. 3. If such the claim is not paid or adjusted within
90 days of filing thereof, suit may be commenced in any a court
having jurisdiction thereof, in which. All Persons similarly
situated may intervene or be joined, and, if claimant prevails,
a penalty of ten percent plus legal interest, reasonable
attorneys' fees, costs, and disbursements shall be are allowed.
Sec. 38. Minnesota Statutes 1982, section 221.291, is
amended to read:
221.291 [VIOLATIONS, PENALTIES.]
Subdivision 1. [VIOLATION.] Any Except as provided in
subdivisions 3 and 4, a person who commits, procures, aids or
abets or conspires to commit, or attempts to commit, aid or abet
in the violation of any a provision of this chapter or any a
valid order or rule of the commissioner or board issued
hereunder, whether individually or in connection with one or
other more persons or as principal, agent, or accessory, shall
be guilty of a misdemeanor, and every person who falsely,
fraudulently, forcibly, or willfully induces, causes, coerces,
requires, permits, or directs another to violate any a provision
of this chapter, is likewise guilty of a misdemeanor. Every
distinct violation shall be is a separate offense.
Subd. 2. [DIRECTING ANOTHER TO VIOLATE.] Any Except as
provided in subdivisions 3 and 4, a person employing or
otherwise directing the driver of any a vehicle to require or
knowingly to permit the operation of the vehicle upon a highway
in any a manner contrary to this chapter is guilty of a
misdemeanor.
Subd. 3. [TRANSPORTATION OF HAZARDOUS MATERIALS.] A person
who ships, transports, or offers for transportation hazardous
waste or hazardous material in violation of a provision of this
chapter or a rule or order of the commissioner or board adopted
or issued under this chapter which specifically applies to the
transportation of hazardous material or hazardous waste is
guilty of a misdemeanor and upon conviction shall be fined not
less than the maximum fine which may be imposed for a
misdemeanor for each violation.
Subd. 4. [OPERATING WITHOUT CERTIFICATE OR PERMIT.] A
person who operates a motor carrier without obtaining required
certificates or permits to operate as required by this chapter
is guilty of a misdemeanor, and upon conviction shall be fined
not less than the maximum fine which may be imposed for a
misdemeanor for each violation.
Subd. 5. [VARIATION OF THE COMPENSATION RATE.] A person
who knowingly offers, grants, gives, solicits, accepts, or
receives a rebate, concession, or discrimination in violation of
a provision of this chapter, or who by any means knowingly
assists, requires, or permits a person to obtain or provide
transportation of persons or property for a greater or lesser or
different compensation than that approved by order of the board,
or in the case of permit carriers than that filed with the
commissioner, is guilty of a misdemeanor and upon conviction
shall be fined not less than $200.
Sec. 39. Minnesota Statutes 1982, section 221.296,
subdivision 2, is amended to read:
Subd. 2. [RULES FOR SAFETY AND SERVICE.] The commissioner
shall prescribe rules for the operation of all local cartage
carriers, including their facilities, accounts, equipment
leases, service, safety of operation and equipment, maximum
hours of service of drivers, identification of vehicles,
installation of safety devices and proper automatic speed
regulators if, in the opinion of the commissioner, there is a
necessity therefor. The commissioner may require the filing of
annual and other reports and shall regulate such local cartage
carriers in all matters affecting the relationship between them
and the shipping public, and prescribe such other rules and
regulations as may be necessary to carry out the provisions of
this section. The commissioner shall investigate the operation
of all local cartage carriers, their compliance with all rules
of the commissioner or board and with the provisions of this
section and may institute and prosecute any and all actions and
proceedings in the proper district court for enforcement of the
same. The provisions of Sections 221.161 and 221.171 do not
apply to local cartage carriers. The commissioner shall make no
rules relating to rates and tariffs, or the granting, limiting,
or modifying of permits or certificates of convenience and
necessity, which are powers are granted to the board.
Sec. 40. Minnesota Statutes 1982, section 221.296,
subdivision 3, is amended to read:
Subd. 3. [PERMITS REQUIRED.] No person shall operate a
local cartage carrier without a permit in full force and effect
with respect to such the operation. The board may revoke or
suspend the permit of any a local cartage carrier after notice
and hearing for violating any a provision of this section or any
a rule or regulation of the board or the department commissioner
governing local cartage carriers. The commissioner may by order
suspend or cancel the permit under section 35.
Sec. 41. Minnesota Statutes 1982, section 221.296,
subdivision 4, is amended to read:
Subd. 4. [PETITION FOR PERMITS.] Any A person desiring to
operate hereunder as a local cartage carrier shall file a
petition with the board specifying the service offered, the name
and address of the petitioner, and the names and addresses of
the officers, if a corporation, and such other information as
the board may require. The board, after notice to interested
parties and a hearing, shall issue the permit upon compliance
with all laws and regulations relating thereto to it unless it
finds that the area to be served has a sufficient number of
local cartage carriers to fully and adequately meet the needs of
such the area or, that the petitioners' vehicles do not meet the
safety standards set up by the board adopted by rule by the
commissioner, or that petitioner is not fit and able to conduct
the proposed operations. A permit once granted shall continue
continues in full force and effect until abandoned or unless
suspended or revoked, subject to compliance by the permit holder
with all the applicable provisions of law and rules of the board
and commissioner governing local cartage carriers.
Sec. 42. Minnesota Statutes 1982, section 221.64, is
amended to read:
221.64 [REGISTRATION FEE; EXEMPTIONS.]
Such registration as herein provided shall be granted upon
petition, without hearing, Upon application for registration as
provided in sections 221.61 to 221.63, payment of an initial
filing fee in the amount of $25. Upon petition, and payment of
said fee if applicable, and filing a certificate of insurance as
required in section 221.141, the commissioner shall register the
applicant and furnish to the registration holder a
distinguishing identification stamp for each motor vehicle
included in said the application for registration which. The
stamp shall must at all times be carried in the registered
vehicle of the registration holder. For each identification
stamp issued, the commissioner shall establish and collect a fee
of no more than $5 to be deposited in the state treasury,
provided that a lesser fee may be collected pursuant to under
the terms of reciprocal agreements between the commissioner and
the regulatory bodies of other states or provinces of the
Dominion of Canada. Identification stamps must be renewed every
year on or before February 1 of each year.
Sec. 43. [COMMISSION RETAINS AUTHORITY.]
Duties, functions, and powers granted to the transportation
regulation board under Laws 1980, chapter 534, as amended by
Laws 1981, chapter 357, section 108, and this act are assumed by
and remain with the public utilities commission until the board
is established and appointed by the governor under Laws 1980,
chapter 534, section 1.
Sec. 44. [REPEALER.]
Minnesota Statutes 1982, sections 221.011, subdivisions 4
and 22; 221.032; 221.141, subdivision 2; 221.292; 221.294; and
221.296, subdivision 1, are repealed.
Sec. 45. [EFFECTIVE DATE.]
Sections 1 to 44 are effective the day following final
enactment.
Approved June 14, 1983
Official Publication of the State of Minnesota
Revisor of Statutes