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

  

                         Laws of Minnesota 1990 

                        CHAPTER 588-S.F.No. 2147 
           An act relating to transportation; temporarily 
          exempting fertilizer and agricultural chemical 
          retailers from certain regulations on transporting 
          hazardous materials; making certain private carriers 
          subject to driver qualification rules; requiring a 
          study by the commissioner of transportation; amending 
          Minnesota Statutes 1988, section 221.033, subdivision 
          2; Minnesota Statutes 1989 Supplement, section 
          221.031, subdivision 2a.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  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 driver 
qualifications and safety of operations and equipment, except as 
provided in paragraph (b). 
    (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. 
    Sec. 2.  Minnesota Statutes 1988, section 221.033, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXCEPTION.] (a) Farmers or their employees 
transporting diesel fuel, gasoline, agricultural chemicals, or 
agricultural fertilizers for use on the transporter's farm are 
not required to comply with the driver qualification rules of 
the commissioner or with the shipping paper requirements of the 
Code of Federal Regulations, title 49, parts sections 172.200 
and 177.817 or with part section 397.7(B) or 397.9(A) of the 
Federal Motor Carrier Safety Regulations when: 
    (1) transporting diesel fuel or gasoline in motorized tank 
truck vehicles of less than 1,500 gallon capacity owned by the 
transporter, or in tanks securely mounted in other motor 
vehicles with a gross vehicle weight of less than 12,000 pounds 
and owned by the transporter; or 
    (2) transporting agricultural chemicals and agricultural 
fertilizers. 
     (b) Fertilizer and agricultural chemical retailers or their 
employees are exempt from the rule of the commissioner requiring 
that drivers must be at least 21 years of age when: 
    (1) the retailer or its employee is transporting fertilizer 
or agricultural chemicals directly to a farm for on-farm use 
within a radius of 50 miles of the retailer's business location; 
and 
    (2) the driver employed by the retailer is at least 18 
years of age. 
    Fertilizer and agricultural chemical retailers or their 
employees are also exempt, during the period from April 1, 1991, 
to June 1, 1991, from the commissioner's rules governing maximum 
hours of service of drivers, when transporting fertilizer or 
agricultural chemicals directly to a farm for on-farm use within 
a radius of 50 miles of the retailer's business location. 
     Sec. 3.  [STUDY.] 
    The commissioner of transportation shall conduct a study of 
the effects of exempting fertilizer and agricultural chemical 
retailers and their employees from driver hours of service rules 
as provided in section 2.  The commissioner shall consult with 
statewide associations of fertilizer and agricultural chemical 
retailers in designing and conducting the study.  The study must 
include: 
    (1) the safety effects of the exemption; 
    (2) alternative means of providing for the special needs of 
fertilizer and agricultural chemical retailers during the spring 
planting season; and 
    (3) recommendations for further legislative action in this 
area. 
    The commissioner shall report to the legislature on the 
results of the study not later than December 1, 1991. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 4, 1990, 11:12 p.m.