Minnesota Session Laws - 1984, Regular Session

  

                         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.  "Motor Vehicle" means a self-propelled vehicle 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 
exclusively in 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 children students 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 leases 
leasing of vehicles and drivers, service, safety of operations 
and safe 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, or the 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 10,000 12,000 pounds, shall comply with rules adopted 
under this section applying to driver qualifications, maximum 
hours of service of drivers, and safety of operations and safe 
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 10,000 12,000 POUNDS NOT EXEMPT.] 
Vehicles providing transportation described in section 221.025 
which are registered and licensed for a gross weight in excess 
of 10,000 12,000 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) must The 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 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.  
    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 90 45 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 authority permit or certificate two days after the 
commissioner sends notice of the suspension by certified mail, 
return receipt requested, to the last known address of the motor 
carrier.  
    (b) In order to avoid permanent cancellation of the permit 
or certificate, the motor carrier must do one of the following 
within 45 days from the date of suspension:  
    (1) comply with the law by filing insurance or bond, 
renewing permits, or paying vehicle registration fees; or 
    (2) request a hearing before the 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 90 45 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.  [ABANDONMENT FAILURE 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, or 221.071, 221.131, or 221.296 relating to annual 
vehicle registration or permit renewal, or to request a hearing 
within 90 45 days of the date of suspension, is deemed an 
abandonment of the motor carrier's authority to operate permit 
or certificate and the operating authority permit 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 be permit or certificate is canceled ten days after 
effective 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 buildings who 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 commission United 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 commission United 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