Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 88-H.F.No. 1009 
           An act relating to transportation; providing for 
          standards for special transportation service; 
          requiring changes in the administration of special 
          transportation service in the metropolitan area; 
          amending Minnesota Statutes 1986, sections 174.30, 
          subdivisions 1, 2, 4, 6, 7, and by adding 
          subdivisions; 473.386, subdivisions 1, 2, 3, 4, and 6; 
          repealing Minnesota Statutes 1986, section 473.386, 
          subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 174.30, 
subdivision 1, is amended to read:  
    Subdivision 1.  [APPLICABILITY LIMITATIONS; BY TYPE OF 
PROVIDER; BY SOURCE OF FUNDS.] The operating standards for 
special transportation service adopted under this section do not 
apply to special transportation provided by:  
    (a) A common carrier operating on fixed routes and 
schedules;  
    (b) A taxi;  
    (c) A volunteer driver using a private automobile;  
    (d) (c) A school bus as defined in section 169.01, 
subdivision 6; or 
    (e) (d) An emergency ambulance regulated under chapter 144. 
    The operating standards adopted under this section only 
apply to providers of special transportation service who receive 
grants or other financial assistance from either the state or 
the federal government, or both, to provide or assist in 
providing that service; except that the operating standards 
adopted under this section do not apply to any nursing home 
licensed under section 144A.02, to any board and care facility 
licensed under section 144.50, or to any day care or group home 
facility licensed under sections 245.781 to 245.812 unless the 
facility or program provides transportation to nonresidents on a 
regular basis and the facility receives reimbursement, other 
than per diem payments, for that service under rules promulgated 
by the commissioner of human services.  
    Sec. 2.  Minnesota Statutes 1986, section 174.30, 
subdivision 2, is amended to read:  
    Subd. 2.  [AUTHORITY TO ADOPT; PURPOSE AND CONTENT;  
RULEMAKING.] The commissioner of transportation shall adopt by 
rule standards for the operation of vehicles used to provide 
special transportation service which are reasonably necessary to 
protect the health and safety of individuals using that 
service.  The commissioner, as far as practicable, consistent 
with the purpose of the standards, shall avoid adoption of 
standards that unduly restrict any public or private entity or 
person from providing special transportation service because of 
the administrative or other cost of compliance. 
    Standards adopted under this section may must include but 
are not limited to: 
    (a) Qualifications of drivers and attendants, including 
driver training requirements that must be met before a driver 
provides special transportation; 
    (b) Safety equipment required for of vehicles and necessary 
safety equipment; 
    (c) General requirements concerning inspection and 
maintenance of vehicles, replacement vehicles, standard vehicle 
equipment of vehicles, and specialized equipment necessary to 
ensure vehicle usability and safety for disabled persons; and 
    (d) Minimum insurance requirements. 
     The commissioner shall consult with the state council for 
the handicapped before making a decision on a variance from the 
standards. 
     Sec. 3.  Minnesota Statutes 1986, section 174.30, is 
amended by adding a subdivision to read: 
     Subd. 2a.  [VEHICLE AND EQUIPMENT SAFETY; PROVIDER 
RESPONSIBILITIES.] (a) Every special transportation service 
provider shall systematically inspect, repair, and maintain, or 
cause to be inspected, repaired, and maintained, the vehicles 
and equipment subject to the control of the provider.  Each 
vehicle and its equipment must be inspected daily.  A vehicle 
may not be operated in a condition that is likely to cause an 
accident or breakdown of the vehicle.  Equipment, including 
specialized equipment necessary to ensure vehicle usability and 
safety for disabled persons, must be in proper and safe 
operating condition at all times. 
    (b) Each special transportation provider shall maintain the 
following records for each vehicle: 
    (1) an identification of the vehicle, including make, 
serial number, and year, and, if the vehicle is not owned by the 
provider, the name and address of the person furnishing the 
vehicle; 
    (2) a schedule of inspection and maintenance operations to 
be performed; 
    (3) a record of inspections, repairs, and maintenance 
showing the date and nature; 
    (4) a lubrication record; and 
    (5) a record of tests conducted to ensure that emergency 
doors or windows and wheelchair lifts function properly. 
    Sec. 4.  Minnesota Statutes 1986, section 174.30, 
subdivision 4, is amended to read:  
    Subd. 4.  [CERTIFICATE OF COMPLIANCE VEHICLE AND EQUIPMENT 
INSPECTION; PROCEDURES.] (a) The commissioner shall inspect or 
provide for the inspection of vehicles at least annually.  In 
addition to scheduled annual inspections and reinspections 
scheduled for the purpose of verifying that deficiencies have 
been corrected, unannounced inspections of any vehicle may be 
conducted.  The commissioner shall provide for the unannounced 
inspection quarterly of at least five percent of the vehicles 
operated by providers certified by the commissioner. 
    (b) On determining that a vehicle or vehicle equipment is 
in a condition that is likely to cause an accident or breakdown, 
the commissioner shall require the vehicle to be taken out of 
service immediately.  The commissioner of transportation shall 
issue an annual certificate of compliance for each vehicle used 
to provide special transportation service which complies with 
the standards adopted under this section.  The commissioner 
shall issue a certificate of compliance to a vehicle subject to 
subdivision 3 only if the vehicle also complies with sections 
299A.11 to 299A.18 require that vehicles and equipment not 
meeting standards be repaired and brought into conformance with 
the standards and shall require written evidence of compliance 
from the operator before allowing the operator to return the 
vehicle to service.  
    (c) The commissioner shall provide in the rules procedures 
for inspecting vehicles, removing unsafe vehicles from service, 
determining and requiring compliance and issuing the 
certificates.  The procedures may include inspection of vehicles 
and examination of drivers, and reviewing driver qualifications. 
    Sec. 5.  Minnesota Statutes 1986, section 174.30, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [CERTIFICATION OF SPECIAL TRANSPORTATION 
PROVIDERS.] The commissioner shall annually evaluate or provide 
for the evaluation of each provider of special transportation 
service regulated under this section and certify that the 
provider is in compliance with the standards under this section. 
    Sec. 6.  Minnesota Statutes 1986, section 174.30, 
subdivision 6, is amended to read:  
    Subd. 6.  [PREEMPTION OF OTHER REQUIREMENTS.] 
Notwithstanding any other law, ordinance or resolution to the 
contrary, an operator of special transportation service that has 
been issued a current certificate of compliance under 
subdivision 4 4a for a vehicle vehicles used to provide that 
service is not required to obtain any other state or local 
permit, license or certificate as a condition of operating 
the vehicle vehicles for that purpose.  This subdivision does 
not exempt any vehicle from the requirements imposed on vehicles 
generally as a condition of using the public streets and 
highways. 
    Sec. 7.  Minnesota Statutes 1986, section 174.30, 
subdivision 7, is amended to read:  
    Subd. 7.  [ENFORCEMENT.] No state agency, political 
subdivision or other public agency shall provide any capital or 
operating assistance to or reimbursement for services rendered 
by any operator of special transportation service unless current 
certificates of compliance have been issued under subdivision 4 
for the vehicles used by the operator to provide operator 
providing the service has a current certificate of compliance 
issued under section 5. 
    Sec. 8.  Minnesota Statutes 1986, section 473.386, 
subdivision 1, is amended to read:  
    Subdivision 1.  [PROJECT SERVICE OBJECTIVES.] The transit 
board shall implement a project to coordinate special 
transportation service, as defined in section 174.29, in the 
metropolitan area.  The project service has the following 
objectives:  
    (a) to provide greater access to transportation for the 
elderly, handicapped, and others with special transportation 
needs in the metropolitan area;  
    (b) to develop an integrated system of special 
transportation service providing transportation tailored to meet 
special individual needs in the most cost-efficient manner; and 
    (c) to use existing public and, private, and private 
nonprofit providers of service wherever possible, to supplement 
rather than replace existing service, and to increase the 
productivity of all special transportation vehicles available in 
the area.  
    Sec. 9.  Minnesota Statutes 1986, section 473.386, 
subdivision 2, is amended to read:  
    Subd. 2.  [FINANCING; IMPLEMENTATION SERVICE CONTRACTS; 
MANAGEMENT AND; ADVISORY GROUPS COMMITTEE.] (a) The board 
shall contract for services necessary for the project's 
operation provision of special transportation.  All 
transportation service provided through the project must be 
provided under a contract between the board and the provider 
which specifies the service to be provided, the standards that 
must be met, and the rates for providing it operating and 
providing special transportation services.  
    (b) The board shall establish management policies for the 
project service but shall contract with a service administrator 
for day-to-day administration and management of the service.  
The contract must delegate to the service administrator clear 
authority to administer and manage the delivery of the service 
pursuant to board management policies and must establish 
performance and compliance standards for the service 
administrator. 
    (c) The board shall ensure that the service administrator 
establishes a system for registering and expeditiously 
responding to complaints by users, informing users of how to 
register complaints, and requiring providers to report on 
incidents that impair the safety and well-being of users or the 
quality of the service.  The board shall annually report to the 
commissioner of transportation and the legislature on complaints 
and provider reports, the response of the service administrator, 
and steps taken by the board and the service administrator to 
identify causes and provide remedies to recurring problems. 
    (d) Within 90 days following the effective date of this 
act, the board shall hold a public hearing on standards for 
provider eligibility, selection, performance, compliance, and 
evaluation; the terms of provider contracts and the contract 
with the service administrator and related contract management 
policies and procedures of the board; fare policies; service 
areas, hours, standards, and procedures; and similar matters 
relating to implementation of the service.  Each year before 
renewing contracts with providers and the service administrator, 
the board shall provide an opportunity for the advisory 
committee, users, and other interested persons to testify before 
the board concerning providers, contract terms, and other 
matters relating to board policies and procedures for 
implementing the service. 
     (e) The board shall establish an advisory committee of 
individuals representing the.  The advisory committee must 
include elderly, and handicapped persons, and other users of 
special transportation service provided by the project, 
representatives of persons contracting to provide special 
transportation services for the project, and representatives of 
appropriate agencies for elderly and handicapped persons to 
advise the board on management policies for the project 
service.  At least half the committee members must be disabled 
or elderly persons or the representatives of disabled or elderly 
persons.  Two of the appointments to the advisory committee 
shall be made by the state council for the handicapped in 
consultation with the chair of the regional transit board. 
    Sec. 10.  Minnesota Statutes 1986, section 473.386, 
subdivision 3, is amended to read:  
    Subd. 3.  [DUTIES OF BOARD.] In implementing the project 
special transportation service the board shall:  
    (a) encourage participation in the project service by 
public and, private, and private nonprofit providers of special 
transportation service currently receiving capital or operating 
assistance from a public agency;  
    (b) contract with public and, private, and private 
nonprofit providers that have demonstrated their ability to 
effectively provide service at a reasonable cost;  
    (c) encourage individuals using service provided through 
the project special transportation to use the type of service 
most appropriate to their particular needs;  
    (d) ensure that all persons providing special 
transportation service through the project receive equitable 
treatment in the allocation of the ridership;  
    (e) encourage shared rides to the greatest extent 
practicable;  
    (f) encourage public agencies that provide transportation 
to eligible individuals as a component of human services and 
educational programs to coordinate with the project this service 
and to allow reimbursement for services transportation provided 
through the project service at rates that reflect the public 
cost of providing those services that transportation; and 
    (g) establish criteria to be used in determining individual 
eligibility for special transportation services; 
     (h) consult with the advisory committee in a timely manner 
before changes are made in the provision of special 
transportation services, including, but not limited to, changes 
in policies affecting the matters subject to hearing under 
section 9; 
     (i) provide for effective administration and enforcement of 
board policies and standards; and 
     (j) annually evaluate providers of special transportation 
service to ensure compliance with the standards established for 
the program. 
    Sec. 11.  Minnesota Statutes 1986, section 473.386, 
subdivision 4, is amended to read:  
    Subd. 4.  [COORDINATION REQUIRED.] The board may not grant 
any financial assistance to any recipient that proposes to use 
any part of the grant to provide special transportation service 
in the metropolitan area unless the program is coordinated with 
the project board's special transportation service in the manner 
determined by the board.  
    Sec. 12.  Minnesota Statutes 1986, section 473.386, 
subdivision 6, is amended to read:  
    Subd. 6.  [OPERATING AND SERVICE STANDARDS.] A vehicle 
providing special transportation service which is subject to the 
operating standards adopted pursuant to section 174.30 may not 
be allowed to provide service through the project unless a 
current certificate of compliance has been issued to the 
vehicle.  A person operating or assisting the operation of a 
vehicle may leave the vehicle to enter premises in order to help 
a passenger who does not require emergency ambulance service.  
Operators and assistants shall provide the help necessary for 
door-through-door service, including help in entering and 
leaving the vehicle and help through the exterior entrance and 
over any exterior steps at either departure or destination 
buildings, provided that both the steps and the wheelchair are 
in good repair.  If an operator or assistant refuses help 
because of the condition of the steps or the wheelchair, the 
operator of the service shall send letters to the service 
administrator designated by the board and the, who shall notify 
the person denied service describing the corrective measures 
necessary to qualify for service.  
    Sec. 13.  [REPEALER.] 
    Minnesota Statutes 1986, section 473.386, subdivision 7, is 
repealed. 
    Sec. 14.  [APPLICATION.] 
    Sections 8 to 12 apply in the counties of Anoka, Carver, 
Dakota, Hennepin, Ramsey, Scott, and Washington. 
    Approved May 12, 1987