Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 174-H.F.No. 267 
           An act relating to motor vehicles; exempting from 
          commercial vehicle inspection requirements and 
          hazardous material driver's license endorsement 
          requirements, pickup trucks carrying certain 
          quantities of petroleum products or liquid fertilizer; 
          reducing the minimum size of fleets of commercial 
          vehicles permitted to conduct self-inspections; 
          specifying the commercial vehicle inspection standards 
          to be adopted by the commissioner of public safety; 
          providing that certain vehicles may be issued 
          certificates by complying with out-of-service 
          criteria, and that such certificates are valid for two 
          years; providing certain proof of federal inspection 
          in lieu of state inspection decal requirements; 
          changing the period of time for which inspection 
          records must be retained; lowering the property damage 
          level of accidents subject to postcrash vehicle 
          inspections; delaying effective date of requirement 
          that all commercial vehicles bear a commercial vehicle 
          inspection decal; amending Minnesota Statutes 1990, 
          sections 169.781, subdivisions 1, 2, 3, 4, 5, and by 
          adding a subdivision; 169.783, subdivision 1; 171.02, 
          by adding a subdivision; and Laws 1990, chapter 563, 
          section 11. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1990, section 169.781, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For purposes of sections 
169.781 to 169.783: 
    (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 of more than 26,000 pounds. 
    "Commercial motor vehicle" does not include (1) a school 
bus displaying a certificate under section 169.451, or (2) a bus 
operated by the metropolitan transit commission created in 
section 473.404 or by a local transit commission created in 
chapter 458A, or (3) a motor vehicle with a gross weight of not 
more than 26,000 pounds, carrying in bulk tanks a total of not 
more than 200 gallons of petroleum products or liquid fertilizer 
or pesticide. 
    (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. 
    (d) "Storage semitrailer" means a semitrailer that (1) is 
used exclusively to store property at a location not on a street 
or highway, (2) does not contain any load when moved on a street 
or highway, (3) is operated only during daylight hours, and (4) 
is marked on each side of the semitrailer "storage only" in 
letters at least six inches high. 
    Sec. 2.  Minnesota Statutes 1990, section 169.781, 
subdivision 2, is amended to read: 
    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, or the vehicle carries (1) proof that the 
vehicle complies with federal motor vehicle inspection 
requirements for vehicles in interstate commerce, and (2) a 
certificate of compliance with federal requirements issued by 
the commissioner under subdivision 9. 
    Sec. 3.  Minnesota Statutes 1990, section 169.781, 
subdivision 3, is amended to read: 
    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 or other training approved by the commissioner. 
    (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 one 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 two years from the date of 
certification.  The commissioner may require annual biennial 
retraining of persons holding a certificate under this paragraph 
as a condition of renewal of the certificate.  The commissioner 
may charge a fee of not more than $10 for each certificate 
issued and renewed.  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) Except as otherwise provided in section 5, the 
standards adopted by the commissioner for commercial motor 
vehicle inspections under section 169.781 to 169.783 shall be 
the standards prescribed in 49 Code of Federal Regulations, 
section 396.17, and in chapter III, subchapter B, appendix G.  
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. 
    The commissioner shall issue separate categories of 
inspector certificates based on the following classifications: 
    (1) a class of certificate that authorizes the certificate 
holder to inspect commercial motor vehicles without regard to 
ownership or lease; and 
    (2) a class of certificate that authorizes the certificate 
holder to inspect only commercial motor vehicles the certificate 
holder owns or leases. 
    The commissioner shall issue a certificate described in 
clause (1) only to a person described in paragraph (b), clause 
(2) or (3). 
    (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. 
    Sec. 4.  Minnesota Statutes 1990, section 169.781, 
subdivision 4, is amended to read: 
    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 14 months 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. 
    Sec. 5.  Minnesota Statutes 1990, section 169.781, 
subdivision 5, is amended to read: 
     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.
    (c) Notwithstanding paragraph (a), a person inspecting (1) 
a vehicle of less than 57,000 pounds gross vehicle weight and 
registered as a farm truck, or (2) a storage semitrailer, must 
issue an inspection decal to the vehicle unless the vehicle has 
one or more defects that would result in the vehicle being 
declared out of service under the North American Uniform Driver, 
Vehicle, and Hazardous Materials Out-of-Service Criteria issued 
by the federal highway administration and the commercial motor 
vehicle safety alliance.  A decal issued to a vehicle described 
in clause (1) or (2) is valid for two years from the date of 
issuance.  A decal issued to such a vehicle must clearly 
indicate that it is valid for two years from the date of 
issuance. 
    Sec. 6.  Minnesota Statutes 1990, section 169.781, is 
amended by adding a subdivision to read: 
    Subd. 9.  [PROOF OF FEDERAL INSPECTION.] An owner of a 
commercial motor vehicle that is subject to and in compliance 
with federal motor vehicle inspection requirements for vehicles 
in interstate commerce may apply to the commissioner for a 
certificate of compliance with federal requirements.  On payment 
of a fee equal to the fee for an inspection decal under 
subdivision 5, paragraph (a), the commissioner shall issue the 
certificate to the applicant. 
    Sec. 7.  Minnesota Statutes 1990, section 169.783, 
subdivision 1, is amended to read: 
    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 $4,400.  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 169.781, 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. 
    Sec. 8.  Minnesota Statutes 1990, section 171.02, is 
amended by adding a subdivision to read: 
    Subd. 2a. [HAZARDOUS MATERIALS; EXCEPTION.] Notwithstanding 
subdivision 2, a hazardous materials endorsement is not required 
to operate a motor vehicle with a gross weight of not more than 
26,000 pounds, carrying in bulk tanks a total of not more than 
200 gallons of petroleum products or liquid fertilizer or 
pesticide. 
    Sec. 9.  Laws 1990, chapter 563, section 11, is amended to 
read: 
    Sec. 11.  [EFFECTIVE DATE.] 
    (a) Section 1, subdivisions 1 and 3 to 8, and sections 2 to 
10 are effective July 1, 1990. 
    (b) Except as provided in paragraph (c), section 1, 
subdivision 2, is effective April suspended until July 1, 1991. 
    (c) Section 1, subdivision 2, is effective April 1, 1992, 
for any registered farm truck with a registered gross weight of 
not more than 57,000 pounds while being operated within a radius 
of 75 miles of the home post office of the owner. 
    Sec. 10.  [EFFECTIVE DATE.] 
    Sections 1 to 8 are effective the day following final 
enactment.  Section 9 is effective retroactively to April 1, 
1991. 
    Presented to the governor May 21, 1991 
    Signed by the governor May 24, 1991, 4:40 p.m.