Minnesota Session Laws - 1983, Regular Session

  

                         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