language to be deleted (2) new language
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 vehicleof 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 fiveone 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 yeartwo years from the date of certification. The commissioner may require annualbiennial 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 andissue 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 year14 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 Aprilsuspended 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.