language to be deleted (2) new language
Laws of Minnesota 1984 CHAPTER 520-H.F.No. 1801 An act relating to transportation; defining terms; regulating carriers; providing for the classification of explosives; amending Minnesota Statutes 1982, sections 221.011, subdivision 13; 221.296, subdivision 6; 299F.19, subdivisions 1 and 2; Minnesota Statutes 1983 Supplement, sections 221.011, subdivisions 3 and 21; 221.021; 221.025; 221.031, subdivisions 1, 2, 3, and 6; 221.121, subdivision 5; 221.131, subdivision 1; 221.185, subdivisions 1, 2, 3, 4, 5, and by adding subdivisions; 221.221, subdivision 4; 221.81, subdivision 1; proposing new law coded in Minnesota Statutes, chapter 221; repealing Minnesota Statutes 1982, section 169.76; Minnesota Statutes 1983 Supplement, sections 221.031, subdivision 4; and 221.185, subdivisions 6, 7, and 8. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1983 Supplement, section 221.011, subdivision 3, is amended to read: Subd. 3. "
MotorVehicle" means a self-propelledvehicle or combination of vehicles used upon the highways for the transportation of persons or property. Sec. 2. Minnesota Statutes 1982, section 221.011, subdivision 13, is amended to read: Subd. 13. "Interstate carrier" means any person engaged exclusivelyin transporting property or passengers in interstate commerce from or into Minnesota, or between any point in the state of Minnesota and the Dominion of Canada. Sec. 3. Minnesota Statutes 1983 Supplement, 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" does not include regular route common carriers of passengers and school buses described in section 221.025, clause (a). Sec. 4. Minnesota Statutes 1983 Supplement, section 221.021, is amended to read: 221.021 [OPERATION CERTIFICATE OR PERMIT REQUIRED.] No person shall operate as a motor carrier or advertise or otherwise hold himself out as a motor carrier without a certificate or permit in full force and effect. A certificate or permit may be suspended or revoked upon conviction of violating a provision of sections 221.011 to 221.296 or 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 a permit for a violation of a provision of sections 221.011 to 221.296 or an order, rule, or regulation of the commissioner or board issued under this chapter. Sec. 5. Minnesota Statutes 1983 Supplement, section 221.025, is amended to read: 221.025 [EXEMPTIONS.] Except as provided in sections 221.031 and 221.033, the provisions of this chapter do not apply to the transportation described below: (a) the transportation of childrenstudents to or from school or school activities in a school bus inspected and certified under section 169.451; (b) the transportation of rubbish as defined in section 443.27; (c) a commuter van as defined in section 221.011, subdivision 27; (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. 6. Minnesota Statutes 1983 Supplement, section 221.031, subdivision 1, is amended to read: Subdivision 1. [POWERS, DUTIES, REPORTS, LIMITATIONS.] The commissioner shall prescribe rules for the operation of motor carriers, including their facilities, accounts, equipment leasesleasing of vehicles and drivers, service, safety of operations andsafe operation of vehicles, equipment, parts and accessories, maximum hours of service of drivers, driver qualifications, accident reporting, identification of vehicles, installation of safety devices, inspection, repair, and maintenance, and proper automatic speed regulators if, in the opinion of the commissioner, there is a need for the rules. The commissioner shall direct the repair and reconstruction or replacement of an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require the construction and maintenance or furnishing of suitable and proper freight terminals, passenger depots, waiting rooms, and accommodations or shelters in a city in this state or at a point on the highway traversed which the commissioner, after investigation by the department, may deem just and proper for the protection of passengers or property. 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 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 for-hire transportation in 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 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 did not exceed $50,000 in the previous calendar year. Motor carrier gross revenues from for-hire transportation, for the purposes of this subdivision only, 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, orthe granting, limiting, or modifying of permits or certificates of convenience and necessity, which are powers granted to the board. The board may extend the termini of a route or alter or change the route of a regular route common carrier upon petition and after finding that public convenience and necessity require an extension, alteration, or change. Sec. 7. Minnesota Statutes 1983 Supplement, section 221.031, subdivision 2, is amended to read: Subd. 2. [PRIVATE CARRIERS.] (a) Private carriers operating vehicles licensed and registered for a gross weight of more than 10,00012,000 pounds, shall comply with rules adopted under this section applying to driver qualifications,maximum hours of service of drivers, and safety of operations andsafe operation of vehicles, equipment, parts and accessories, leasing of vehicles or vehicles and drivers, and inspection, repair, and maintenance. (b) In addition to the requirements in paragraph (a), private carriers operating vehicles licensed and registered for a gross weight in excess of 26,000 pounds shall comply with rules adopted under this section relating to driver qualifications. (c) The requirements as to driver qualifications and maximum hours of service for drivers do not apply to private carriers who are (1) public utilities as defined in section 216B.02, subdivision 4; (2) cooperative electric associations organized under chapter 308; (3) telephone companies as defined in section 237.01, subdivision 2; or (4) who are engaged in the transportation of construction materials, tools and equipment from shop to job site or job site to job site, for use by the private carrier in the new construction, remodeling, or repair of buildings, structures or their appurtenances. (d) The driver qualification rule does not apply to vehicles controlled by a farmer and operated by a farmer or farm employee to transport agricultural products or farm machinery or supplies to or from a farm if the vehicle is not used in the operations of a motor carrier and not carrying hazardous materials of a type or quantity that requires the vehicle to be marked or placarded in accordance with section 221.033. Sec. 8. Minnesota Statutes 1983 Supplement, section 221.031, subdivision 3, is amended to read: Subd. 3. [VEHICLES OVER 10,00012,000 POUNDS NOT EXEMPT.] Vehicles providing transportation described in section 221.025 which are registered and licensed for a gross weight in excess of 10,00012,000 pounds, except school buses, commuter vans, and authorized emergency vehicles, must comply with the rules of the commissioner for safety of operations and equipment. Sec. 9. Minnesota Statutes 1983 Supplement, section 221.031, subdivision 6, is amended to read: Subd. 6. [VEHICLE IDENTIFICATION RULE.] Vehicles providing transportation described in section 221.025, clauses (b), (f), and (g) to (m) mustThe following carriers shall comply with the vehicle identification rule of the commissioner: (1) motor carriers, regardless of the weight of the vehicle; (2) private carriers operating vehicles licensed and registered for a gross weight of 12,000 pounds or more; and (3) vehicles providing transportation described in section 221.025 which are licensed and registered for a gross weight of 12,000 pounds or more except those providing transportation described in section 221.025, clauses (a), (c), and (d). The vehicle identification rule of the commissioner may not be more stringent than the marking requirements imposed on private carriers by the United States department of transportation under 49 C.F.R., section 397.21, clauses (b) and (c). Sec. 10. [221.034] [REPORT OF HAZARDOUS MATERIAL INCIDENTS.] Subdivision 1. [NOTICE REQUIRED.] At the earliest practicable moment, each person who transports hazardous materials, including hazardous wastes, shall give notice in accordance with subdivision 2 after each incident that occurs during the course of transportation including loading, unloading, and temporary storage, in which as a direct result of hazardous materials: (1) a person is killed; (2) a person receives injuries requiring hospitalization; (3) estimated carrier or other property damage exceeds $50,000; (4) fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment of radioactive material; (5) fire, breakage, spillage, or suspected contamination occurs involving shipment of etiologic agents; or (6) a situation exists of such a nature that, in the judgment of the carrier, it should be reported in accordance with subdivision 2 even though it does not meet the criteria of subdivision 1, clause (1), (2), or (3), but a continuing danger to life exists at the scene of the incident. Subd. 2. [INFORMATION REQUIRED.] Each notice required by subdivision 1 must be given to the Minnesota department of public safety, emergency services division. Notice involving etiologic agents must be given as required in Code of Federal Regulations, title 49, section 171.15. Each notice must include the following information: (1) name of reporter; (2) name and address of carrier represented by reporter; (3) phone number where reporter can be contacted; (4) date, time, and location of incident; (5) extent of injuries, if any; (6) classification, name, and quantity of hazardous materials involved, if the information is available; and (7) type of incident and nature of hazardous material involvement and whether a continuing danger to life exists at the scene. Each carrier making a report under this subdivision shall also make the report required by subdivision 3. Subd. 3. [TIME LIMIT.] Each carrier who transports hazardous materials shall report in writing in duplicate on a form prescribed by the commissioner within 15 days of the date of discovery, each incident that occurs during the course of transportation, including loading, unloading, or temporary storage, in which, as a direct result of the hazardous materials, any of the circumstances set forth in subdivision 1 occurs or there has been an unintentional release of hazardous materials from a package, including a tank, or any quantity of hazardous waste has been discharged during transportation. Subd. 4. [REPORT OF HAZARDOUS WASTE DISCHARGE.] If a report pertains to a hazardous waste discharge, a copy of the hazardous waste manifest for the waste must be attached to the report, and an estimate of the quantity of the waste removed from the scene, the name and address of the facility to which it was taken, and the manner of disposition of any unremoved waste, must be reported. Subd. 5. [DISCHARGES NOT APPLICABLE.] Except as provided in subdivision 6, the requirements of subdivision 1 do not apply to incidents involving the unintentional release of hazardous materials being transported under the following proper shipping names: (1) consumer commodity; (2) battery, electric storage, wet, filled with acid or alkali; (3) paint, enamel, lacquer, stain, shellac or varnish aluminum, bronze, gold, wood filler, and liquid or lacquer base liquid when shipped in packagings of five gallons or less. Subd. 6. [REPORTING EXCEPTIONS NOT APPLICABLE.] The exceptions to incident reporting provided in subdivision 5 do not apply to incidents required to be reported under subdivision 1 and incidents involving the transportation of hazardous waste. Sec. 11. Minnesota Statutes 1983 Supplement, section 221.121, subdivision 5, is amended to read: Subd. 5. [LIVESTOCK CARRIERS.] A person desiring to operate 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 other information as the board may require. The board shall issue the permit upon compliance with laws and rules relating to the permit unless it finds that petitioner's vehicles do not meet the safety standards prescribed by the commissioner or that petitioner is not fit and able to conduct the proposed operations. A permit issued 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 areaand 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. Sec. 12. [221.122] [COMPLIANCE WITH ORDERS GRANTING PERMITS OR CERTIFICATES.] Subdivision 1. [REQUIREMENTS.] An order issued by the board which grants a certificate or permit must contain a service date. The person to whom the order granting the certificate or permit is issued shall do the following within 45 days from the service date of the order: (1) register vehicles which will be used to provide transportation under the permit or certificate with the commissioner and pay the vehicle registration fees required by law; (2) file and maintain insurance or bond as required by sections 221.141 and 221.296 and rules of the commissioner and board; and (3) file rates and tariffs as required by sections 221.041 and 221.161 and rules of the commissioner and board. Subd. 2. [TIME EXTENSION.] The commissioner may extend the time for compliance with the requirements of subdivision 1. The person to whom the order was issued shall request the extension in writing and shall state the reasons for requesting the extension. The commissioner may not grant an extension of more than 45 days. Subd. 3. [FAILURE TO COMPLY.] An order of the board granting a certificate or permit to operate as a motor carrier takes effect on the date of compliance with the requirements of subdivision 1. Failure of the person to whom the order was issued to comply with the requirements of subdivision 1 within 45 days from the service date of the order, or within the extended time for compliance if an extension was granted by the commissioner, makes the order null and void upon the expiration of the time for compliance. Sec. 13. Minnesota Statutes 1983 Supplement, section 221.131, subdivision 1, is amended to read: Subdivision 1. [PERMIT RENEWAL.] Permits issued 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. Except as provided in section 221.185, the board shall consider a petition for reinstatement of a revoked or suspended permit upon the same procedure required for an initial petition.Sec. 14. Minnesota Statutes 1983 Supplement, section 221.185, subdivision 1, is amended to read: 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 9045 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. Sec. 15. Minnesota Statutes 1983 Supplement, section 221.185, subdivision 2, is amended to read: Subd. 2. [NOTICE OF SUSPENSION.] (a) Failure to file and maintain insurance, renew permits under section 221.131, or to pay annual vehicle registration fees or renew permits under section 221.071, 221.131, or 221.296 suspends a motor carrier's operating authoritypermit or certificate two days after the commissioner sends notice of the suspension by certified mail, return receipt requested, to the last known address of the motor carrier. (b) In order to avoid permanent cancellation of the permit or certificate, the motor carrier must do one of the following within 45 days from the date of suspension: (1) comply with the law by filing insurance or bond, renewing permits, or paying vehicle registration fees; or (2) request a hearing before the board regarding the failure to comply with the law. Sec. 16. Minnesota Statutes 1983 Supplement, section 221.185, subdivision 3, is amended to read: Subd. 3. [RESCIND SUSPENSION.] If the motor carrier complies with the requirements of this chapter within 9045 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. Sec. 17. Minnesota Statutes 1983 Supplement, section 221.185, is amended by adding a subdivision to read: Subd. 3a. [HEARING.] If the motor carrier requests a hearing within 45 days after the date of suspension, the board shall review the suspension and: (1) determine that the carrier has complied with the law and rescind the suspension; (2) for just cause, grant an extension which must not exceed 20 days; or (3) schedule a hearing to ascertain whether the carrier has failed to comply with the law. If it is determined after the hearing that the carrier has failed to comply with the law, the board shall cancel the carrier's suspended permit or certificate. Sec. 18. Minnesota Statutes 1983 Supplement, section 221.185, subdivision 4, is amended to read: Subd. 4. [ ABANDONMENTFAILURE TO COMPLY.] Failure to comply with the requirements of sections 221.141 and 221.296 relating to bonds and insurance, 221.131 relating to permit renewal, or221.071, 221.131, or 221.296 relating to annual vehicle registration or permit renewal, or to request a hearing within 9045 days of the date of suspension, is deemed an abandonment of the motor carrier's authority to operatepermit or certificate and the operating authoritypermit or certificate must be canceled by the commissioner. Sec. 19. Minnesota Statutes 1983 Supplement, section 221.185, subdivision 5, is amended to read: 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 bepermit or certificate is canceled ten days aftereffective on 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. Sec. 20. Minnesota Statutes 1983 Supplement, section 221.185, is amended by adding a subdivision to read: Subd. 9. [NEW PETITION.] If the holder of a canceled permit or certificate seeks authority to operate as a motor carrier it shall petition the board for a permit or certificate as provided in section 221.061, 221.121, or 221.296, whichever is applicable. Sec. 21. Minnesota Statutes 1983 Supplement, section 221.221, subdivision 4, is amended to read: Subd. 4. [INSPECTION OF DOCUMENTS.] Records, log books, certificates, licenses, shipping documents, or other papers or documents required to be maintained in the carrier's files or in vehicles subject to this chapter and rules adopted under this chapter, 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. 22. Minnesota Statutes 1982, section 221.296, subdivision 6, is amended to read: Subd. 6. [BONDS.] Local cartage carriers shall comply with the requirements of section 221.141 , and before any such permit shall be issued to a local cartage carrier or renewed, such carrier shall secure and file with the commissioner and keep the same at all times in full effect, a third party liability bond with corporate surety in the amount of $5,000 conditional, to pay to the owner all damages to the property being transported by such carrier and all other liabilities to the consignor or consignee arising from the transportation, including conversions of money or property; provided, however, that the aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the amount of such bond. Sec. 23. Minnesota Statutes 1983 Supplement, section 221.81, subdivision 1, is amended to read: Subdivision 1. [DEFINITIONS.] For the purposes of this section, the terms used in this section have the meanings given them in this subdivision. (a) "Building mover" means a person, corporation, or other entity engaged in the business of raising, supporting off the foundation, and moving buildingswho raises, supports off the foundation, and moves buildings on and over public streets and highways. Building mover does not include a person who moves manufactured homes or, farmers moving their own farm buildings, or persons moving buildings which are less than 16 feet wide by 20 feet long. (b) "Political subdivision" means a city, town, or county. (c) "Road authority" has the meaning given it in section 160.02, subdivision 9. Sec. 24. Minnesota Statutes 1982, section 299F.19, subdivision 1, is amended to read: Subdivision 1. The commissioner of public safety shall adopt rules for the safekeeping, storage, handling, use, transportation,or other disposition of flammable liquids, flammable gases, blasting agents, and explosives except transportation by petroleum carriers as covered in chapter 221; but. Loads carried in or on vehicles transporting such products upon public highways within this state shall be governed by the uniform vehicle size and weights provisions in sections 169.80 to 169.88 and the transportation of hazardous materials provisions of section 221.033. The rules for flammable liquids and flammable gases shall be distinguished from each other and from the rules covering other materials subject to regulation under this subdivision. Sec. 25. Minnesota Statutes 1982, section 299F.19, subdivision 2, is amended to read: Subd. 2. For the purposes of this section, and the rules adopted pursuant thereto, the term blasting agent means any material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive and in which none of the ingredients is classified as an explosive, providing that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a number 8 test blasting cap when unconfined. The term blasting agent does not include flammable liquids or flammable gases. For the purposes of this section, and the rules adopted pursuant thereto, explosives are divided into three classes and are defined as follows: Class A explosives. Possessing detonating or otherwise maximum hazard, such as dynamite, nitroglycerin, picric acid, lead azide, fulminate of mercury, blasting caps, and detonating primers. Class B explosives. Possessing flammable hazard, such as propellant explosives (including some smokeless powders), black powder, photographic flash powders, and some special fireworks. Class C explosives. Includes certain types of manufactured articles which contain class A, or class B explosives, or both, as components but in restricted quantities. The term explosive or explosives means any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion; that is, with substantially instantaneous release of gas and heat, unless such compound, mixture, or device is otherwise specifically classified by the interstate commerce commissionUnited States department of transportation. The term explosives includes all material which is classified as class A, class B, and class C explosives by the interstate commerce commissionUnited States department of transportation, and includes, but is not limited to dynamite, black powder, pellet powder, initiating explosives, blasting caps, electric blasting caps, safety fuse, fuse lighters, fuse igniters, squibs, cordeau detonate fuse, instantaneous fuse, igniter cord, igniters, and some special fireworks. Commercial explosives are those explosives which are intended to be used in commercial or industrial operation. The term explosives does not include flammable liquids or flammable gases. Sec. 26. [REPEALER.] Minnesota Statutes 1982, section 169.76, and Minnesota Statutes 1983 Supplement, sections 221.031, subdivision 4, and 221.185, subdivisions 6, 7, and 8 are repealed. Sec. 27. [EFFECTIVE DATE.] Sections 1 to 26 are effective the day following final enactment. Approved April 25, 1984