Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 563-S.F.No. 2030 
           An act relating to traffic regulations; requiring 
          annual inspections of commercial motor vehicles; 
          providing for the certification of persons to conduct 
          annual inspections; requiring daily pretrip 
          inspections; requiring post-accident inspections; 
          prescribing fees; providing penalties; appropriating 
          money; amending Minnesota Statutes 1988, sections 
          221.031, subdivision 1, and by adding a subdivision; 
          221.221, subdivisions 2 and 3; and 221.605, 
          subdivision 1; Minnesota Statutes 1989 Supplement, 
          section 221.031, subdivision 2a; proposing coding for 
          new law in Minnesota Statutes, chapter 169. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [169.781] [ANNUAL INSPECTION OF COMMERCIAL 
MOTOR VEHICLES.] 
    Subdivision 1.  [DEFINITIONS.] For purposes of sections 1 
to 3: 
    (a) "Commercial motor vehicle" means: 
    (1) a commercial motor vehicle as defined in section 
169.01, subdivision 75, paragraph (a); and 
    (2) each vehicle in a combination drawn by a commercial 
motor vehicle. 
    "Commercial motor vehicle" does not include a school bus 
displaying a certificate under section 169.451, or a bus 
operated by the metropolitan transit commission created in 
section 473.404 or by a local transit commission created in 
chapter 458A. 
    (b) "Commissioner" means the commissioner of public safety. 
    (c) "Owner" means a person who owns, or has control, under 
a lease of more than 30 days' duration, of one or more 
commercial motor vehicles. 
    Subd. 2.  [INSPECTION REQUIRED.] It is unlawful for a 
person to operate or permit the operation of a commercial motor 
vehicle registered in Minnesota unless the vehicle displays a 
valid safety inspection decal issued by an inspector certified 
by the commissioner. 
    Subd. 3.  [WHO MAY INSPECT.] (a) An inspection required by 
this section may be performed only by: 
    (1) an employee of the department of public safety or 
transportation who has been certified by the commissioner after 
having received training provided by the state patrol; or 
    (2) another person who has been certified by the 
commissioner after having received training provided by the 
state patrol. 
    (b) A person who is not an employee of the department of 
public safety or transportation may be certified by the 
commissioner if the person is:  (1) an owner, or employee of the 
owner, of five or more commercial motor vehicles that are power 
units; (2) a dealer licensed under section 168.27 and engaged in 
the business of buying and selling commercial motor vehicles, or 
an employee of the dealer; or (3) engaged primarily in the 
business of repairing and servicing commercial motor vehicles.  
Certification of persons described in clauses (1) to (3) is 
effective for one year from the date of certification.  The 
commissioner may require annual retraining of persons holding a 
certificate under this paragraph as a condition of renewal of 
the certificate.  A certified person described in clauses (1) to 
(3) may charge a fee of not more than $50 for each inspection of 
a vehicle not owned by the person or the person's employer. 
    (c) The commissioner may classify types of vehicles for 
inspection purposes and may adopt separate inspection procedures 
and issue separate classes of inspector certificates for each 
class. 
    (d) The commissioner, after notice and an opportunity for a 
hearing, may suspend a certificate issued under paragraph (b) 
for failure to meet annual certification requirements prescribed 
by the commissioner or failure to inspect commercial motor 
vehicles in accordance with inspection procedures established by 
the state patrol.  The commissioner shall revoke a certificate 
issued under paragraph (b) if the commissioner determines after 
notice and an opportunity for a hearing that the certified 
person issued an inspection decal for a commercial motor vehicle 
when the person knew or reasonably should have known that the 
vehicle was in such a state of repair that it would have been 
declared out of service if inspected by an employee of the state 
patrol.  Suspension and revocation of certificates under this 
subdivision are not subject to sections 14.57 to 14.69. 
    Subd. 4.  [INSPECTION REPORTS.] (a) A person performing an 
inspection under this section shall issue an inspection report 
to the owner of the commercial motor vehicle inspected.  The 
report must include: 
    (1) the full name of the person performing the inspection, 
and the person's inspector certification number; 
    (2) the name of the owner of the vehicle and, if 
applicable, the United States Department of Transportation 
carrier number issued to the owner of the vehicle, or to the 
operator of the vehicle if other than the owner; 
    (3) the vehicle identification number and, if applicable, 
the license plate number of the vehicle; 
    (4) the date and location of the inspection; 
    (5) the vehicle components inspected and a description of 
the findings of the inspection, including identification of the 
components not in compliance with federal motor carrier safety 
regulations; and 
    (6) the inspector's certification that the inspection was 
complete, accurate, and in compliance with the requirements of 
this section. 
    (b) The owner must retain a copy of the inspection report 
for at least one year at a location in the state where the 
vehicle is domiciled or maintained.  During this period the 
report must be available for inspection by an authorized 
federal, state, or local official. 
    (c) The commissioner shall prescribe the form of the 
inspection report and revise it as necessary to comply with 
state and federal law and regulations.  The adoption of the 
report form is not subject to the administrative procedure act. 
    Subd. 5.  [INSPECTION DECALS.] (a) A person inspecting a 
commercial motor vehicle shall issue an inspection decal for the 
vehicle if each inspected component of the vehicle complies with 
federal motor carrier safety regulations.  The decal must state 
that in the month specified on the decal the vehicle was 
inspected and each inspected component complied with federal 
motor carrier safety regulations.  The decal is valid for 12 
months after the month specified on the decal.  The 
commissioners of public safety and transportation shall make 
decals available, at a fee of not more than $2 for each decal, 
to persons certified to perform inspections under subdivision 3, 
paragraph (b). 
    (b) Minnesota inspection decals may be affixed only to 
commercial motor vehicles bearing Minnesota-based license plates.
    Subd. 6.  [REVIEWS; RANDOM INSPECTIONS; AUDITS.] Employees 
of the state patrol and motor transportation representatives of 
the department of transportation may review records required to 
be kept under subdivision 4, paragraph (b), and conduct random 
vehicle inspections and audits at the facility of an owner of a 
commercial motor vehicle. 
    Subd. 7.  [DISPOSITION OF REVENUES.] The commissioner shall 
pay all revenues received under this section to the state 
treasurer for deposit in the trunk highway fund. 
    Subd. 8.  [VIOLATIONS; PENALTY.] A violation of this 
section is a misdemeanor. 
    Sec. 2.  [169.782] [DAILY INSPECTION OF COMMERCIAL MOTOR 
VEHICLES.] 
    Subdivision 1.  [DRIVERS; DAILY INSPECTION REPORT.] (a) The 
driver of a commercial motor vehicle shall report in writing at 
the completion of each day's work on each commercial motor 
vehicle the driver has operated.  A person who owns one or more 
commercial motor vehicles and who employs drivers for those 
commercial motor vehicles must require each driver to report as 
required in this section.  The report must cover the following 
parts and accessories:  service brakes, including trailer and 
semitrailer brake connections; parking (hand) brake; steering 
mechanism; lighting devices and reflectors; tires; horn; 
windshield wiper or wipers; rear vision mirror or mirrors; 
coupling devices; wheels and rims; and emergency equipment. 
    (b) The report must identify the vehicle and list any 
defect or deficiency discovered by or reported to the driver 
that would affect the safe operation of the vehicle or result in 
its mechanical breakdown.  If no defect or deficiency is 
discovered by or reported to the driver, the report must so 
indicate.  The driver must sign the report after completing it.  
In the case of a commercial motor vehicle operated by two 
drivers, the signature of one of the drivers satisfies the 
requirements of this subdivision if both drivers agree 
concerning the defects or deficiencies.  If a driver operates 
more than one commercial motor vehicle during a day's work, a 
report must be prepared for each vehicle operated. 
    (c) Before operating or allowing the operation of a 
commercial motor vehicle on which a report has been prepared 
under this subdivision, the owner of the vehicle or the owner's 
agent must repair defects or deficiencies listed on the report 
that would be sufficient under inspection procedures established 
by the state patrol to require the vehicle to be declared out of 
service.  Before allowing the commercial motor vehicle to be 
operated again, the owner or the owner's agent must certify, on 
the report listing the defect or deficiency, that the defect or 
deficiency has been corrected or that correction is 
unnecessary.  A motor carrier must keep the original vehicle 
inspection report for at least three months after the date of 
inspection.  The report must be available for inspection by an 
authorized federal, state, or local official at any time during 
this period. 
    (d) A copy of the vehicle inspection report, including a 
certification of corrections resulting from the report, must be 
carried in the commercial motor vehicle, or in the power unit of 
a commercial motor vehicle combination, at all times when the 
vehicle or power unit is operated until the next inspection 
report is completed under this subdivision.  The copy must be 
made available on demand to:  (1) a peace officer; (2) a person 
authorized under section 221.221; and (3) a person described in 
section 299D.06. 
    Subd. 2.  [DRIVERS; PRETRIP INSPECTION.] (a) Before driving 
a commercial motor vehicle, a driver must: 
    (1) review the most recent vehicle inspection report on the 
vehicle; 
    (2) determine that the vehicle is in safe operating 
condition; and 
    (3) sign the inspection report in the vehicle. 
    The driver shall sign the report only if all defects and 
deficiencies listed in the report have been certified as having 
been corrected or as not requiring correction. 
    (b) If the commercial motor vehicle does not contain the 
previous day's inspection report, the driver must make the 
inspection and complete the report required under subdivision 1. 
    Subd. 3.  [OPERATION PROHIBITED.] It is a misdemeanor to 
drive or to cause another person to drive a commercial motor 
vehicle that does not contain a copy of an inspection report 
complying with this section. 
    Subd. 4.  [EXCEPTIONS.] (a) With the exception of 
subdivision 2, paragraph (a), clause (2), this section does not 
apply to a commercial motor vehicle that is a farm truck that 
may be operated by a person not holding a commercial driver's 
license. 
    (b) This section does not apply to a commercial motor 
vehicle held for resale by a motor vehicle dealer licensed under 
section 168.27. 
    Sec. 3.  [169.783] [ACCIDENTS; REINSPECTION.] 
    Subdivision 1.  [POSTCRASH INSPECTION.] A peace officer 
responding to an accident involving a commercial motor vehicle 
must immediately notify the state patrol if the accident results 
in death, personal injury, or property damage to an apparent 
extent of more than $4,500.  It is a misdemeanor for a person to 
drive or cause to be driven a commercial motor vehicle after 
such an accident unless the vehicle: (1) has been inspected by a 
state trooper or other person authorized to conduct inspections 
under section 1, subdivision 3, paragraph (a), who is an 
employee of the department of public safety or transportation, 
and the person inspecting the vehicle has determined that the 
vehicle may safely be operated; or (2) a waiver has been granted 
under subdivision 2. 
    Subd. 2.  [WAIVER.] A state trooper or other authorized 
person called to the scene of an accident by a responding peace 
officer under subdivision 1 may waive the inspection requirement 
of that subdivision if the person determines that a postcrash 
inspection is not needed or cannot be accomplished without 
unreasonable delay.  A person who grants a waiver must provide 
to the driver of the commercial motor vehicle for which the 
waiver is granted a written statement that the inspection has 
been waived.  The written statement must include the incident 
report number assigned to the accident by the state patrol. 
    Sec. 4.  Minnesota Statutes 1988, section 221.031, 
subdivision 1, is amended to read: 
    Subdivision 1.  [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 
This subdivision applies to motor carriers engaged in intrastate 
commerce. 
    (b) The commissioner shall prescribe rules for the 
operation of motor carriers, including their facilities, 
accounts, leasing of vehicles and drivers, service, 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.  
    (c) 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.  
    (d) 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.  
    (e) 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. 
    (f) The commissioner shall enforce sections 1 to 3. 
    (g) The commissioner shall make no rules relating to the 
granting, limiting, or modifying of permits or certificates of 
convenience and necessity, which are powers granted to the board.
    (h) 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. 5.  Minnesota Statutes 1989 Supplement, section 
221.031, subdivision 2a, is amended to read: 
    Subd. 2a.  [AGRICULTURAL EXEMPTIONS.] (a) Notwithstanding 
the provisions of subdivision 2, private carriers engaged in 
intrastate commerce and operating vehicles transporting 
agricultural and other farm products within an area having a 
50-mile radius from the business location of the private carrier 
must comply only with the commissioner's rules for safety of 
operations and equipment, except as provided in 
paragraph paragraphs (b) and (c). 
    (b) A rear-end dump truck or other rear-unloading truck 
while being used for hauling agricultural and other farm 
products from a place of production or on-farm storage site to a 
place of processing or storage, is not subject to any rule of 
the commissioner requiring rear-end protection, including a 
federal regulation adopted by reference.  
    (c) A private carrier operating a commercial motor vehicle 
as defined in section 1, subdivision 1, must comply with 
sections 1 to 3. 
    Sec. 6.  Minnesota Statutes 1988, section 221.031, is 
amended by adding a subdivision to read: 
    Subd. 8.  [DRIVEAWAY-TOWAWAY EXEMPTION.] For purposes of 
regulating commercial motor vehicles as defined in section 1, 
subdivision 1, the exemption provided in Code of Federal 
Regulations, title 49, section 396.11, paragraph (d), applies in 
Minnesota only to driveaway-towaway operations. 
    Sec. 7.  Minnesota Statutes 1988, section 221.221, 
subdivision 2, is amended to read: 
    Subd. 2.  [POWERS.] Transportation representatives and 
hazardous material specialists of the department for the purpose 
of enforcing the provisions of this chapter and section, 
sections 1 to 3, and 296.17, subdivisions 10 and 17, and the 
applicable rules, orders, or directives of the commissioner, the 
commissioner of revenue, and the board issued under this chapter 
and chapter 296, but for no other purpose, have the powers 
conferred by law upon police officers.  The powers include the 
authority to conduct inspections at designated highway weigh 
stations or under other appropriate circumstances. 
    Sec. 8.  Minnesota Statutes 1988, section 221.221, 
subdivision 3, is amended to read: 
    Subd. 3.  [DELEGATED POWERS.] Representatives of the 
department to whom authority has been delegated by the 
commissioner for the purpose of enforcing sections 1 to 3, 
221.041, and 221.171 and the rules, orders, or directives of the 
commissioner or board adopted or issued under those sections, 
and for no other purpose, shall have the powers conferred by law 
upon police officers.  The representatives of the department 
have the power to inspect records, logs, freight bills, bills of 
lading, or other documents which may provide evidence to 
determine compliance with sections 1 to 3, 221.041, and 221.171. 
    Sec. 9.  Minnesota Statutes 1988, section 221.605, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FEDERAL REGULATIONS.] Interstate carriers 
and private carriers engaged in interstate commerce shall comply 
with the federal motor carrier safety regulations, Code of 
Federal Regulations, title 49, parts 390 to 398, and with the 
rules of the commissioner concerning inspections, vehicle and 
driver out-of-service restrictions and requirements, and 
vehicle, driver, and equipment checklists.  For purposes of 
regulating commercial motor vehicles as defined in section 1, 
subdivision 1, the exemption provided in Code of Federal 
Regulations, title 49, section 396.11, paragraph (d), applies in 
Minnesota only to driveaway-towaway operations. 
    Sec. 10.  [APPROPRIATION.] 
    $263,000 is appropriated from the trunk highway fund to the 
commissioner of public safety for the purposes of this act, to 
be available for the fiscal year ending June 30, 1991.  
    The complement of the state patrol in the department of 
public safety is increased by three state trooper positions and 
one clerical staff person to administer the program under 
sections 1 to 3.  
    Sec. 11.  [EFFECTIVE DATE.] 
     Section 1, subdivisions 1 and 3 to 8, and sections 2 to 10 
are effective July 1, 1990.  Section 1, subdivision 2, is 
effective April 1, 1991. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 5:03 p.m.