Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 163-S.F.No. 132 
           An act relating to public safety; providing for 
          wheelchair securement devices in transit vehicles for 
          transporting disabled people; amending Minnesota 
          Statutes 1990, sections 299A.11; 299A.12, subdivision 
          1, and by adding a subdivision; and 299A.14, 
          subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 299A.11, is 
amended to read: 
    299A.11 [VEHICLES TRANSPORTING WHEELCHAIR USERS; 
DEFINITIONS.] 
    The following terms have the definitions given them for the 
purposes of sections 299A.11 to 299A.18: 
    (a) "Wheelchair securement device" or "securement device" 
means an apparatus installed in a transit vehicle or other motor 
vehicle for the purpose of securing an occupied wheelchair into 
a location in the vehicle and preventing movement of that 
wheelchair while the vehicle is in motion. 
    (b) "Operator" means any person, firm, partnership, 
corporation, service club, public or private agency, city, town 
or county.  Section 299A.15 does not apply to any school bus as 
defined in section 169.01, subdivision 6. 
    (c) "Transportation service" means the transportation by 
motor vehicle, other than a school bus manufactured before 
January 1, 1988, of any sick, injured, invalid, incapacitated, 
or handicapped individual while occupying a wheelchair, which 
transportation is offered or provided by any operator to the 
public or to its employees or in connection with any other 
service offered by the operator including schooling or nursing 
home, convalescent or child care services. 
    (d) "Transit vehicle" means a bus that is not a school bus 
as defined in section 169.01, subdivision 6, with a gross 
vehicle weight rating greater than 15,000 pounds.  
    Sec. 2.  Minnesota Statutes 1990, section 299A.12, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL REQUIREMENTS.] Except as provided 
in subdivision 4, any vehicle used by an operator to provide 
transportation service shall be equipped with wheelchair 
securement devices which are approved by the commissioner of 
public safety as meeting the specifications of subdivisions 1 
and 2.  A wheelchair securement device shall prevent any 
forward, backward, or lateral movement of an occupied wheelchair 
when the device is engaged and the vehicle is in motion, 
accelerating or braking, and shall attach to the frame of the 
wheelchair without damaging it.  Wheelchair securement devices 
installed in any vehicle shall be maintained in working order. 
    Sec. 3.  Minnesota Statutes 1990, section 299A.12, is 
amended by adding a subdivision to read: 
    Subd. 4.  [TRANSIT VEHICLES; RULES.] A transit vehicle used 
to provide transportation services may be equipped with 
wheelchair securement devices that may be engaged and released 
by the user or the user's assistant.  The commissioner of public 
safety shall adopt rules as necessary to set standards for the 
operation, strength, and use of these wheelchair securement 
devices. 
     Sec. 4.  Minnesota Statutes 1990, section 299A.14, 
subdivision 3, is amended to read: 
    Subd. 3.  The inspection shall be made to determine that 
the vehicle complies with the provisions of sections 299A.12, 
subdivision subdivisions 1 and 4, and 299A.13, subdivision 1; 
that the securement device is in working order; and that the 
securement device is not in need of obvious repair.  The 
inspection may include testing the use of a securement device 
while the vehicle is in motion. 
    Presented to the governor May 20, 1991 
    Signed by the governor May 23, 1991, 7:20 p.m.