language to be deleted (2) new language
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,
subdivisionsubdivisions 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.