Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 318-H.F.No. 166 
           An act relating to transportation; providing that 
          certain information submitted to department of 
          transportation is public data; defining terms; 
          providing for limousine registration and insurance; 
          exempting certain special transportation service 
          providers holding current certificate of compliance 
          from motor carrier regulations; delineating 
          requirements of carriers to display certain 
          information; providing for permits of special 
          passenger carriers and household goods carriers; 
          providing for operation under motor carrier permit on 
          death of holder; providing for amount of insurance, 
          bond, or other security required of motor carriers; 
          providing for suspension of registration of interstate 
          authority for failure to maintain insurance; amending 
          Minnesota Statutes 1988, sections 13.72, by adding 
          subdivisions; 168.011, subdivision 35; 168.128, 
          subdivision 2; 174.30, subdivision 6; 221.011, 
          subdivision 16, and by adding a subdivision; 221.031, 
          subdivision 6; 221.035, subdivision 1; 221.121, 
          subdivision 6a, and by adding a subdivision; 221.141, 
          subdivision 1b, and by adding a subdivision; and 
          221.60, by adding a subdivision; proposing coding for 
          new law in Minnesota Statutes, chapters 65B and 221. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 13.72, is 
amended by adding a subdivision to read: 
    Subd. 6.  [COMPLAINT DATA.] Names of complainants, 
complaint letters, and other unsolicited data furnished to the 
department of transportation by a person other than the data 
subject or department employee, which provide information that a 
person who is subject to chapter 221 or rules adopted under that 
chapter may not be in compliance with those requirements, are 
classified as confidential data or protected nonpublic data. 
    Sec. 2.  Minnesota Statutes 1988, section 13.72, is amended 
by adding a subdivision to read: 
    Subd. 7.  [PUBLIC INVESTIGATIVE DATA.] The following data 
created, collected, or maintained about persons subject to 
chapter 221 and rules adopted under that chapter are public:  
data contained in inspection and compliance forms and data 
contained in audit reports that are not prepared under contract 
to the federal highway administration. 
     Sec. 3.  [65B.135] [LIMOUSINE INSURANCE.] 
    An insurer who provides insurance for limousines, defined 
in section 168.011, subdivision 35, shall provide insurance in a 
minimum aggregate amount of $300,000 per accident for each 
limousine covered. 
    Sec. 4.  Minnesota Statutes 1988, section 168.011, 
subdivision 35, is amended to read: 
    Subd. 35.  [LIMOUSINE.] "Limousine" means a passenger 
automobile for hire, other than a taxicab or a van 
passenger-carrying van-type vehicle, that is regularly engaged 
in the business of transporting persons does not provide regular 
route service and that has a rear seating capacity, excluding 
the driver, of not more than nine 12 passengers. 
    Sec. 5.  Minnesota Statutes 1988, section 168.128, 
subdivision 2, is amended to read: 
    Subd. 2.  [LICENSE PLATES.] A person who operates a 
limousine for other than personal use shall apply to register 
the vehicle as provided in this section.  A person who operates 
a limousine for personal use may apply.  The registrar shall 
issue limousine license plates upon the applicant's compliance 
with laws relating to registration and licensing of motor 
vehicles and drivers and certification by the owner that an 
insurance policy in an aggregate amount of $300,000 per accident 
is in effect for the entire period of the registration under 
section 3.  The applicant must provide the registrar with proof 
that the passenger automobile license tax and a $10 fee have 
been paid for each limousine receiving limousine license 
plates.  The limousine license plates must be designed to 
specifically identify the vehicle as a limousine.  Limousine 
license plates may not be transferred upon sale of the 
limousine, but may be transferred to another limousine owned by 
the same person upon notifying the registrar and paying a $5 
transfer fee. 
    Sec. 6.  Minnesota Statutes 1988, 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 4a for 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 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.  
     The requirements of chapter 221 do not apply to vehicles 
when they are being operated under a current certificate of 
compliance issued by the commissioner. 
    Sec. 7.  Minnesota Statutes 1988, 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 when the lessor, directly or indirectly, serves 
as driver or obtains or arranges for a driver under the terms of 
the motor vehicle lease.  "For hire" does not include motor 
vehicle operations conducted merely as an incident to or in 
furtherance of a business activity other than transportation by 
a private carrier. 
    Sec. 8.  Minnesota Statutes 1988, section 221.011, is 
amended by adding a subdivision to read: 
    Subd. 32.  "Special passenger carrier" means a person who 
holds out to the public to provide transportation of passengers 
for hire by motor vehicle over the public highways under the 
following conditions:  (1) the service is provided in vehicles 
that are not limousines, (2) the vehicle has a seating capacity, 
excluding the driver, of more than six persons, (3) the service 
does not begin or end at an airport, and (4) the service is 
provided to definite, predetermined locations to which tickets 
are sold on an individual basis.  
    Sec. 9.  Minnesota Statutes 1988, section 221.031, 
subdivision 6, is amended to read: 
    Subd. 6.  [VEHICLE IDENTIFICATION RULE.] The following 
carriers shall comply with the vehicle identification rule of 
the commissioner display the carrier's name and address on the 
power unit of each vehicle:  
    (1) motor carriers, regardless of the weight of the 
vehicle; 
    (2) interstate and intrastate 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 Code of Federal Regulations, title 49, 
section 397.21, clauses (b) and (c).  
    Vehicles described in clauses (2) and (3) that are operated 
by farmers or farm employees and have four or fewer axles are 
not required to comply with the vehicle identification rule of 
the commissioner. 
     Vehicles subject to this subdivision must show the name or 
"doing business as" name of the carrier operating the vehicle 
and the city or community and state abbreviation in which the 
carrier maintains its principal office or in which the vehicle 
is customarily based. If the carrier operates a leased vehicle, 
it may show its name and the name of the lessor on the vehicle, 
if the lease relationship is clearly shown.  If the name of a 
person other than the operating carrier appears on the vehicle, 
the words "operated by" must immediately precede the name of the 
carrier.  
    The name and address must be in letters that contrast 
sharply in color with the background, be readily legible during 
daylight hours from a distance of 50 feet while the vehicle is 
stationary, and be maintained in a manner that retains the 
legibility of the markings.  
    The name and address may be shown by use of a removable 
device if that device meets the identification and legibility 
requirements of this subdivision. 
     Sec. 10.  Minnesota Statutes 1988, section 221.035, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSE REQUIREMENT.] (a) A person may not 
transport hazardous waste that is required to have a manifest 
under Minnesota Rules, part 7045.0261, or is required to have 
shipping papers under Minnesota Rules, part 7045.0125, without a 
license issued under this section. 
    (b) If the applicant complies with the requirements of this 
section, the commissioner shall issue the license and shall 
issue a vehicle identification decal for each single unit 
vehicle or trailer that the licensee will use to transport 
hazardous waste.  The applicant shall pay a fee of $500 for a 
three-year license and an annual fee of $25 for each vehicle 
identification decal.  The license must be maintained at the 
licensee's principal place of business.  The name and address of 
the licensee must be displayed on both sides of each unit of the 
vehicle.  The vehicle identification decal must be displayed on 
the single unit vehicle or trailer to which it is assigned, as 
prescribed by the commissioner.  The decal is effective only 
when the license is effective.  The license must be renewed in 
the third year following the date of the issuance of the 
license.  The licensee must obtain new decals each year.  The 
license may not be transferred to another person.  All decals 
issued during the year expire each year on the anniversary date 
of the issuance of the license.  
    (c) An applicant for a license under this section, who is 
not otherwise subject to section 221.141, shall file a 
certificate of insurance with the commissioner as provided in 
section 221.141.  The certificate must state that the insurer 
has issued to the applicant a policy that by endorsement 
provides public liability insurance in the amount required by 
Code of Federal Regulations, title 49, part 387. 
    Sec. 11.  Minnesota Statutes 1988, section 221.121, 
subdivision 6a, is amended to read: 
    Subd. 6a.  [HOUSEHOLD GOODS CARRIER.] A person who desires 
to hold out or to operate as a carrier of household goods shall 
follow the procedure established in subdivision 1, and shall 
specifically request an irregular route common carrier permit 
with authority to transport household goods.  The permit granted 
by the board to a person who meets the criteria established in 
this subdivision and subdivision 1 shall authorize the person to 
hold out and to operate as an irregular route common carrier of 
household goods.  A person who provides or offers to provide 
household goods packing services and who makes any arrangement 
directly or indirectly by lease, rental, referral, or by other 
means to provide or to obtain drivers, vehicles, or 
transportation service for moving household goods, must have an 
irregular route common carrier permit with authority to 
transport household goods.  
     Sec. 12.  Minnesota Statutes 1988, section 221.121, is 
amended by adding a subdivision to read: 
    Subd. 6b.  [SPECIAL PASSENGER CARRIERS.] A person who has 
been granted a charter carrier permit by the board may provide 
special passenger service within the territory or on the routes 
granted in the order granting the charter carrier permit.  A 
charter carrier that provides special passenger service must 
file a tariff that shows the rates and charges that apply to the 
special passenger service. 
    Sec. 13.  [221.123] [EFFECT OF DEATH OF PERMIT HOLDER.] 
     This section governs the transfer of a permit in the event 
of the death of the permit holder.  Within one year after the 
transfer of a permit of a deceased permit holder by the deceased 
permit holder's personal representative, or within one year 
after the date of a decree or order issued by the probate court 
transferring the permit of a deceased permit holder, the 
distributee, as defined in section 524.1-201, who received the 
permit shall apply to the board to have the permit transferred 
under the provisions of section 221.151, subdivision 2. 
    If an application to transfer the permit is not filed 
within the time prescribed above, the permit is revoked and the 
commissioner shall so notify the person who had received the 
permit. 
    Sec. 14.  Minnesota Statutes 1988, section 221.141, 
subdivision 1b, is amended to read: 
    Subd. 1b.  [AMOUNT.] Except as provided in subdivision 1d, 
the amount of insurance, bond, or other security required for 
motor carriers is the amount prescribed by order of the 
commissioner.  The amount prescribed 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 some other form of security as may 
be satisfactory.  Each policy of insurance, surety bond, or 
other evidence of financial responsibility issued to a motor 
carrier or to an interstate carrier must be amended by 
attachment to the policy of the endorsement for motor carrier 
policies of insurance prescribed by the United States Department 
of Transportation Uniform Motor Carrier Bodily Injury and 
Property Damage Liability Insurance Endorsement (Form F) 
prescribed in Code of Federal Regulations, title 49, part 1023, 
or must by its terms provide coverage that conforms to the terms 
and conditions of that endorsement. 
     Sec. 15.  Minnesota Statutes 1988, section 221.141, is 
amended by adding a subdivision to read: 
    Subd. 4.  [IRREGULAR ROUTE CARRIERS OF HOUSEHOLD GOODS.] An 
irregular route common carrier of household goods shall maintain 
in effect cargo insurance or cargo bond in the amount of $50,000 
and shall file with the commissioner a cargo certificate of 
insurance or cargo bond.  A cargo certificate of insurance must 
conform to Form H, Uniform Motor Cargo Certificate of Insurance, 
described in Code of Federal Regulations, title 49, part 1023.  
A cargo bond must conform to Form J, described in Code of 
Federal Regulations, title 49, part 1023.  Both Form H and Form 
J are incorporated by reference.  The cargo certificate of 
insurance or cargo bond must be issued in the full and correct 
name of the person, corporation, or partnership to whom the 
irregular route common carrier of household goods permit was 
issued and whose operations are being insured.  A carrier that 
was issued a permit as an irregular route common carrier of 
household goods before the effective date of this section shall 
obtain and file a cargo certificate of insurance or bond within 
90 days of the effective date of this section. 
    Sec. 16.  Minnesota Statutes 1988, section 221.60, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [FAILURE TO MAINTAIN INSURANCE.] If a carrier 
fails to maintain and file with the commissioner the insurance 
or bond required by section 221.141 and the rules of the 
commissioner, the commissioner shall suspend and cancel the 
carrier's interstate registration according to the procedure in 
section 221.185, subdivisions 2, paragraphs (a) and (b), clause 
(1); and 3.  If the carrier fails to comply with section 221.141 
within 45 days of the date of suspension, the commissioner shall 
cancel the carrier's interstate registration until the carrier 
files and maintains insurance as required by section 221.141 and 
rules of the commissioner.  The commissioner shall notify the 
carrier of the cancellation. 
    Sec. 17.  [221.601] [AGREEMENTS WITH OTHER STATES.] 
    Subdivision 1.  [AUTHORITY.] The commissioner may enter 
agreements with representatives of other states to allow the 
cooperative registration of motor carriers transporting property 
or passengers for hire in interstate commerce.  The agreement 
may authorize representatives of other states to issue 
interstate registration stamps and trip permits, accept the 
filing of insurance certificates and interstate commerce 
commission orders, and collect and disburse fees prescribed by 
this chapter.  The agreement may allow the exchange of 
information for audit, reporting, and enforcement purposes, and 
the collection and disbursement of fees provided under this 
chapter and the laws of other states that participate in the 
agreement.  The agreement must be in writing.  The agreement may 
provide for the gradual adoption of a base state registration 
system.  It may provide that a motor carrier based in another 
state participating in the agreement, that has filed evidence of 
financial responsibility in that state that meets the 
requirements of this chapter and of the agreement, need not file 
evidence of financial responsibility with the commissioner for 
its interstate operations in this state.  
    Subd. 2.  [DEFINITION.] For purposes of this section, 
"state" means a state, the District of Columbia, or a state or 
province of a foreign country. 
    Presented to the governor May 26, 1989 
    Signed by the governor May 26, 1989, 5:55 p.m.