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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1990 

                        CHAPTER 529-S.F.No. 2060 
           An act relating to drivers' licenses; defining gross 
          vehicle weight and commercial motor vehicle; allowing 
          holder of class CC driver's license with school bus 
          endorsement to operate a small school bus; changing 
          effective dates of requirements for commercial 
          driver's license; setting fees; appropriating money; 
          amending Minnesota Statutes 1988, sections 169.01, 
          subdivision 46; 171.01, subdivision 16; 171.05, 
          subdivisions 1 and 2; and 171.321, subdivision 1; 
          Minnesota Statutes 1989 Supplement, sections 169.01, 
          subdivision 75; 171.01, subdivision 22; 171.02, 
          subdivision 2; and 171.06, subdivision 2; Laws 1989, 
          chapter 307, sections 43 and 44. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 169.01, 
subdivision 46, is amended to read: 
    Subd. 46.  [GROSS VEHICLE WEIGHT.] "Gross vehicle weight" 
means the greater of: 
    (1) the unloaded weight of a vehicle or the unloaded weight 
of a truck-tractor and semitrailer combination, plus the weight 
of the load; or 
    (2) the value specified by the manufacturer as the maximum 
gross weight or gross vehicle weight rating. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
169.01, subdivision 75, is amended to read: 
    Subd. 75.  [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial 
motor vehicle" means a motor vehicle or combination of motor 
vehicles used to transport passengers or property if the motor 
vehicle: 
    (1) has a gross vehicle weight of 26,001 or more pounds; 
    (2) has a towed unit with a gross vehicle weight of more 
than 10,000 pounds; 
    (3) is a bus; or 
    (4) is of any size and is used in the transportation of 
hazardous materials defined in section 221.033; or 
    (5) is outwardly equipped and identified as a school bus, 
except for school buses defined in section 169.44, subdivision 
15. 
    (b) For purposes of sections 169.1211, 169.1215, and 
169.123, subdivisions 2 and 4, a commercial motor vehicle does 
not include a farm truck, firefighting equipment, or 
recreational equipment being operated by a person within the 
scope of section 171.02, subdivision 2, paragraph (a). 
    Sec. 3.  Minnesota Statutes 1988, section 171.01, 
subdivision 16, is amended to read: 
    Subd. 16.  [GROSS VEHICLE WEIGHT.] "Gross vehicle 
weight" (GVW) means the greater of: 
    (1) the unloaded weight of the a vehicle or the unloaded 
weight of a truck-tractor and semitrailer combination, plus the 
weight of the load thereon; or the registered 
    (2) the value specified by the manufacturer as the maximum 
gross weight of the or gross vehicle whichever is greater weight 
rating. 
    Sec. 4.  Minnesota Statutes 1989 Supplement, section 
171.01, subdivision 22, is amended to read: 
    Subd. 22.  [COMMERCIAL MOTOR VEHICLE.] "Commercial motor 
vehicle" means a motor vehicle or combination of motor vehicles 
used to transport passengers or property if the motor vehicle: 
    (1) has a gross vehicle weight of 26,001 or more pounds; 
    (2) has a towed unit with a gross vehicle weight of more 
than 10,000 pounds; 
    (3) is a bus; or 
    (4) is of any size and is used in the transportation of 
hazardous materials defined in section 221.033; or 
    (5) is outwardly equipped and identified as a school bus, 
except for school buses defined in section 169.44, subdivision 
15. 
    Sec. 5.  Minnesota Statutes 1989 Supplement, section 
171.02, subdivision 2, is amended to read: 
    Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 
EXEMPTIONS.] Drivers' licenses shall be classified according to 
the types of vehicles which may be driven by the holder of each 
type or class of license.  The commissioner may, as appropriate, 
subdivide the classes listed in this subdivision and issue 
licenses classified accordingly.  No class of license shall be 
valid to operate a motorcycle, school bus, tank vehicle, 
double-trailer or triple-trailer combination, vehicle 
transporting hazardous materials, or bus, unless so endorsed.  
There shall be four general classes of licenses as follows: 
    (a) Class C; valid for: 
    (1) all farm trucks as defined in section 168.011, 
subdivision 17, operated by (i) the owner, (ii) an immediate 
family member of the owner, (iii) an employee of the owner not 
primarily employed to operate the farm truck, within 150 miles 
of the farm, or (iv) an employee of the owner employed during 
harvest to operate the farm truck for the first, continuous 
transportation of agricultural products from the production site 
or on-farm storage site to any other location within 50 miles of 
that site; 
    (2) fire trucks and emergency fire equipment, whether or 
not in excess of 26,000 pounds GVW, operated by a firefighter 
while on duty, or a tiller operator employed by a fire 
department who drives the rear portion of a midmount aerial 
ladder truck; 
    (3) recreational equipment as defined in section 168.011, 
subdivision 25, that is operated for personal use; and 
    (4) all single unit two-axle vehicles, including vehicles 
with a temporary auxiliary axle as defined in section 169.67, 
subdivision 4, but not including except vehicles with a gross 
vehicle weight of 26,001 or more pounds, vehicles designed to 
carry more than 15 passengers including the driver, nor and 
vehicles that carry hazardous materials. 
    The holder of a class C license may also tow vehicles under 
10,000 pounds GVW including travel trailers gross vehicle weight.
    (b) Class CC; valid for:  
    (1) operating class C vehicles and,; 
    (2) with a hazardous materials endorsement, for 
transporting hazardous materials in class C vehicles; and 
    (3) with a school bus endorsement, operating school buses 
designed to transport 15 or fewer passengers, including the 
driver. 
    (c) Class B; valid for all vehicles in class C, class CC, 
and all other single unit vehicles including, with a passenger 
endorsement, buses. 
    (d) Class A; valid for any vehicle or combination thereof. 
     Sec. 6.  Minnesota Statutes 1988, section 171.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  Any person who is 18 or more years of age 
and who, except for a lack of instruction in operating a motor 
vehicle, would otherwise be qualified to obtain a Class C 
driver's license under this chapter, may apply for an 
instruction permit and the department shall issue such permit 
entitling the applicant, while having such permit in immediate 
possession, to drive a motor vehicle for which a Class C license 
is valid upon the highways for a period of one year, but such 
person must be accompanied by an adult licensed driver who is 
actually occupying a seat beside the driver.  Any license of a 
lower class may be used as an instruction permit for a higher 
class for a period of six months after passage of the written 
test or tests required for the higher class and when the 
licensee is accompanied by and receiving instruction from a 
holder of the appropriate higher class license.  A copy of the 
record of examination taken for the higher class license must be 
carried by the driver while using such lower class license as an 
instruction permit.  
    Sec. 7.  Minnesota Statutes 1988, section 171.05, 
subdivision 2, is amended to read: 
    Subd. 2.  Notwithstanding any provision in subdivision 1 to 
the contrary, the department, upon application therefor, may 
issue an instruction permit to an applicant who is 15, 16, or 17 
years of age and who is enrolled in an approved driver education 
program including behind the wheel training.  Such an 
instruction permit holder who has the permit in possession may 
operate a motor vehicle while receiving behind the wheel 
training in an approved driver education program, but only when 
accompanied by an authorized instructor who occupies the seat 
beside the permit holder, or.  During and upon completion of the 
course, a 16 or 17 year old may operate a motor vehicle while 
accompanied by an adult licensed driver who is actually 
occupying a seat beside the driver.  During and upon completion 
of the course, a 15 year old may operate a motor vehicle while 
accompanied by a licensed parent or guardian or licensed adult 
driver authorized by the parent or guardian who also must occupy 
the seat beside the instruction permit holder. 
    Sec. 8.  Minnesota Statutes 1989 Supplement, section 
171.06, subdivision 2, is amended to read: 
    Subd. 2.  [FEES.] (a) The fees for a license and Minnesota 
identification card are as follows: 
     Classified Driver License  C-$15  CC-$19 B-$26    A-$34
     Classified Under 21 D.L.   C-$15         B-$22.50 A-$10
                                       CC-$19 B-$26    A-$14
     Instruction Permit                                  $ 6
     Duplicate Driver or Under 21 License                $ 4.50
     Minnesota identification card, except
      as otherwise provided in section 171.07,
      subdivisions 3 and 3a                              $ 9
    Sec. 9.  Minnesota Statutes 1988, section 171.321, 
subdivision 1, is amended to read: 
    Subdivision 1.  No person shall drive a school bus when 
transporting school children to or from school or upon a school 
related trip or activity without having a valid Class B or class 
A, class B, or class CC driver's license with a school bus 
endorsement except that a person possessing a valid driver's 
license but not a school bus endorsement may drive a vehicle 
with a seating capacity of ten or less persons used as a school 
bus but not outwardly equipped or identified as a school bus. 
    Sec. 10.  Laws 1989, chapter 307, section 43, is amended to 
read: 
    Sec. 43.  [APPROPRIATION.] 
    $480,000 is appropriated to the commissioner of public 
safety from the trunk highway fund for record keeping, 
implementation, and administration of sections 1 to 42.  
$252,000 is for fiscal year 1990 and $228,000 is for fiscal year 
1991.  Any unencumbered balance remaining in the 1990 fiscal 
year does not cancel, but is available for the 1991 fiscal year. 
    Sec. 11.  Laws 1989, chapter 307, section 44, is amended to 
read: 
    Sec. 44.  [EFFECTIVE DATE.] 
    Subdivision 1.  Sections 1 to 16, 18 to 27, and 29 to 43 
are effective January 1, 1990. 
    Section 17 is effective January 1, 1990, and is effective 
for an individual driver on the expiration date of that driver's 
license between January 1, 1990, and January 1, 1994.  Section 
17 is effective for all drivers after January 1, 1994. 
    Subd. 2.  Section 28, subdivisions 1, 2, 3, 4, and 6, are 
effective January 1, 1990, and apply to offenses committed, and 
revocations imposed for incidents occurring on, or after that 
date.  Section 28, subdivision 5, is effective the day following 
final enactment. 
    Subd. 3.  (a) Section 17 is effective for an individual 
driver on: 
    (1) July 1, 1990, if the expiration date of that driver's 
license is in July 1992; 
    (2) August 1, 1990, if the expiration date of that driver's 
license is in August 1992; 
    (3) September 1, 1990, if the expiration date of that 
driver's license is in September 1992; 
    (4) October 1, 1990, if the expiration date of that 
driver's license is in October 1992; 
    (5) November 1, 1990, if the expiration date of that 
driver's license is in November 1992; 
    (6) December 1, 1990, if the expiration date of that 
driver's license is in December 1992; 
    (7) January 1, 1991, if the expiration date of that 
driver's license is in January 1993; 
    (8) February 1, 1991, if the expiration date of that 
driver's license is in February 1993; 
    (9) March 1, 1991, if the expiration date of that driver's 
license is in March 1993; 
    (10) April 1, 1991, if the expiration date of that driver's 
license is in April 1993; 
    (11) May 1, 1991, if the expiration date of that driver's 
license is in May 1993; 
    (12) June 1, 1991, if the expiration date of that driver's 
license is in June 1993; 
    (13) July 1, 1991, if the expiration date of that driver's 
license is in July 1993; 
    (14) August 1, 1991, if the expiration date of that 
driver's license is in August 1993; 
    (15) September 1, 1991, if the expiration date of that 
driver's license is in September 1993; 
    (16) October 1, 1991, if the expiration date of that 
driver's license is in October 1993; 
    (17) November 1, 1991, if the expiration date of that 
driver's license is in November 1993; or 
    (18) December 1, 1991, if the expiration date of that 
driver's license is in December 1993. 
    (b) Section 17 is effective for an individual driver on: 
     (1) January 1, 1992, if the expiration date of that 
driver's license is in April 1992; 
    (2) February 1, 1992, if the expiration date of that 
driver's license is in May 1992; or 
    (3) March 1, 1992, if the expiration date of that driver's 
license is in June 1992. 
    (c) Section 17 is effective for an individual driver not 
described in paragraph (a) or (b) on the expiration date of that 
driver's license. 
    (d) Section 17 is effective for all commercial motor 
vehicle drivers after March 31, 1992. 
    Sec. 12.  [INTERIM FEES.] 
     Subdivision 1.  The commissioner of public safety shall 
issue a commercial driver's license to a driver listed in 
section 11, subdivision 3, paragraph (a), who otherwise 
qualifies for the license and pays to the commissioner a 
duplicate fee of $4.50 and a fee of $4 for the commercial 
driver's license information system established by the Federal 
Highway Administration under the Commercial Motor Vehicle Safety 
Act of 1986, section 12007, instead of the renewal fee under 
Minnesota Statutes, section 171.06, subdivision 2.  A commercial 
driver's license issued under this subdivision expires on the 
date the person's license would have expired if not for the 
enactment of section 11.  This subdivision supersedes any 
contrary provision of Minnesota Statutes, chapter 171, regarding 
fees and licensing periods for commercial drivers' licenses. 
     Subd. 2.  The commissioner of public safety shall issue a 
commercial driver's license to a driver listed in section 11, 
subdivision 3, paragraph (b), who qualifies for the license and 
pays the renewal and other fees required.  The license expires 
on the date the person's license would have expired if not for 
the enactment of section 11. 
    Subd. 3.  Subdivision 1 is repealed effective January 1, 
1992. 
    Sec. 13.  [APPROPRIATION.] 
    $146,000 is appropriated to the commissioner of public 
safety from the trunk highway fund for the purposes of sections 
1 to 5 and 8 to 12. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 13 are effective July 1, 1990. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 26, 1990, 10:40 p.m.