Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 333-S.F.No. 208
An act relating to transportation; allowing
personalized license plates for classic, pioneer,
collector, and street rod vehicles; providing for
seven-year, in transit license plates for motor
vehicle dealers; making technical changes in driver's
license law; clarifying procedure for review of
driver's license revocation or disqualification under
implied consent law; establishing maximum height for
rear bumpers of certain semitrailers; allowing certain
equipment to be excluded from computing the maximum
allowable length of a semitrailer or trailer used in a
three-vehicle combination; providing an exception to
the length limitation on certain vehicle combinations;
limiting maximum weight allowed on certain vehicle
tires; conforming state highway weight limitations to
federal requirements; imposing a cost-per-mile fee on
certain overweight vehicles; defining hazardous
materials, commercial motor vehicle, and farm truck;
allowing class C driver's license holder to tow when
the gross weight of the vehicles is 26,000 pounds or
less; restricting exemption for drivers of certain
federal vehicles from requirement to possess
commercial driver's license; clarifying offenses for
which driver may be disqualified from holding
commercial driver's license; requiring person whose
driver's license has been revoked to pass examination
under certain circumstances; permitting qualified
driver to obtain limited license following revocation
for failure to have vehicle insurance; adding an
exemption to the motor carrier act; authorizing a
variance for small cargo tanks; establishing the
initial motor carrier contact program; adopting
federal out-of-service criteria for motor vehicles;
authorizing temporary charter carrier permit; amending
Minnesota Statutes 1990, sections 168.10, subdivisions
1a, 1b, 1c, and 1d; 168.105, subdivision 3; 168.12,
subdivisions 1 and 2a; 168.27, subdivisions 16 and 17;
169.01, subdivision 75, and by adding a subdivision;
169.121, subdivision 8; 169.123, subdivisions 5c and
8; 169.73, subdivision 4a; 169.81, subdivisions 2 and
3; 169.825, subdivisions 8 and 10; 169.86, subdivision
5; 171.01, subdivision 22, and by adding subdivisions;
171.02, subdivisions 1, 2, and by adding a
subdivision; 171.03; 171.07, subdivision 3; 171.165,
subdivision 3; 171.29, subdivision 1; 171.30,
subdivision 1; 221.025; 221.031, by adding a
subdivision; 221.033, by adding a subdivision;
221.605, by adding a subdivision; and 297B.035,
subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 221; repealing Minnesota
Statutes 1990, section 169.825, subdivision 10,
paragraph (d).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1990, section 168.10,
subdivision 1a, is amended to read:
Subd. 1a. [COLLECTOR'S VEHICLES, PIONEER LICENSE.] Any
motor vehicle manufactured prior to 1936 and owned and operated
solely as a collector's item shall be listed for taxation and
registration as follows: An affidavit shall be executed stating
the name and address of the owner, the name and address of the
person from whom purchased, the make of the motor vehicle, year
and number of the model, the manufacturer's identification
number and that the vehicle is owned and operated solely as a
collector's item and not for general transportation purposes.
If the registrar is satisfied that the affidavit is true and
correct and the owner pays a $25 tax, the registrar shall list
such vehicle for taxation and registration and shall issue
number plates.
The number plates so issued shall bear the inscription
"Pioneer," "Minnesota" and the registration number or other
combination of characters authorized under section 168.12,
subdivision 2a, but no date. The number plates are valid
without renewal as long as the vehicle is in existence and shall
be issued for the applicant's use only for such vehicle. The
registrar has the power to revoke said plates for failure to
comply with this subdivision.
Sec. 2. Minnesota Statutes 1990, section 168.10,
subdivision 1b, is amended to read:
Subd. 1b. [COLLECTOR'S VEHICLE, CLASSIC CAR LICENSE.] Any
motor vehicle manufactured between and including the years 1925
and 1948, and designated by the registrar of motor vehicles as a
classic car because of its fine design, high engineering
standards, and superior workmanship, and owned and operated
solely as a collector's item shall be listed for taxation and
registration as follows: An affidavit shall be executed stating
the name and address of the owner, the name and address of the
person from whom purchased, the make of the motor vehicle, year
and number of the model, the manufacturer's identification
number and that the vehicle is owned and operated solely as a
collector's item and not for general transportation purposes.
If the registrar is satisfied that the affidavit is true and
correct and that the motor vehicle qualifies to be classified as
a classic car, and the owner pays a $25 tax, the registrar shall
list such vehicle for taxation and registration and shall issue
number plates.
The number plates so issued shall bear the inscription
"Classic Car," "Minnesota," and the registration number or other
combination of characters authorized under section 168.12,
subdivision 2a, but no date. The number plates are valid
without renewal as long as the vehicle is in existence and shall
be issued for the applicant's use only for such vehicle. The
registrar has the power to revoke said plates for failure to
comply with this subdivision.
The following cars built between and including 1925 and
1948 are classic:
A.C.
Adler
Alfa Romeo
Alvis Speed 20, 25, and 4.3 litre.
Amilcar
Aston Martin
Auburn All 8-cylinder and 12-cylinder
models.
Audi
Austro-Daimler
Avions Voisin 12
Bentley
Blackhawk
B.M.W. Models 327, 328, and 335 only.
Brewster
(Heart-front Ford)
Bugatti
Buick 1931 through 1942: series 90 only.
Cadillac All 1925 through 1935.
1936-1948: Series 67, 70, 72, 75, 80,
85 and 90 only.
1938-1941: 60 special only.
Chrysler 1926 through 1930: Imperial 80.
1931: Imperial 8 Series CG.
1932: Series CG, CH and CL.
1933: Series CL.
1934: Series CW.
1935: Series CW.
All Newports and Thunderbolts.
Cord
Cunningham
Dagmar Model 25-70 only.
Daimler
Delage
Delahaye
Doble
Dorris
Duesenberg
du Pont
Franklin All models except 1933-34 Olympic
Sixes.
Frazer Nash
Hispano Suiza
Horch
Hotchkiss
Invicta
Isotta Fraschini
Jaguar
Jordan Speedway Series 'Z' only.
Kissel 1925, 1926 and 1927: Model 8-75.
1928: Model 8-90, and 8-90 White
Eagle.
1929: Model 8-126, and 8-90 White
Eagle.
1930: Model 8-126.
1931: Model 8-126.
Lagonda
Lancia
La Salle 1927 through 1933 only.
Lincoln All models K, L, KA, and KB.
1941: Model 168H.
1942: Model 268H.
Lincoln
Continental 1939 through 1948.
Locomobile All models 48 and 90.
1927: Model 8-80.
1928: Model 8-80.
1929: Models 8-80 and 8-88.
Marmon All 16-cylinder models.
1925: Model 74.
1926: Model 74.
1927: Model 75.
1928: Model E75.
1930: Big 8 model.
1931: Model 88, and Big 8.
Maybach
McFarlan
Mercedes Benz All models 2.2 litres and up.
Mercer
M.G. 6-cylinder models only.
Minerva
Packard 1925 through 1934: All models.
1935 through 1942: Models 1200,
1201, 1202, 1203, 1204, 1205, 1207,
1208, 1400, 1401, 1402, 1403, 1404,
1405, 1407, 1408, 1500, 1501, 1502,
1506, 1507, 1508, 1603, 1604, 1605,
1607, 1608, 1705, 1707, 1708, 1806,
1807, 1808, 1906, 1907, 1908, 2006,
2007, and 2008 only.
1946 and 1947: Models 2106 and
2126 only.
Peerless 1926 through 1928: Series 69.
1930-1931: Custom 8.
1932: Deluxe Custom 8.
Pierce Arrow
Railton
Renault Grand Sport model only.
Reo 1930-1931: Royale Custom 8, and
Series 8-35 and 8-52 Elite 8.
1933: Royale Custom 8.
Revere
Roamer 1925: Series 8-88, 6-54e, and 4-75.
1926: Series 4-75e, and 8-88.
1927-1928: Series 8-88.
1929: Series 8-88, and 8-125.
1930: Series 8-125.
Rohr
Rolls Royce
Ruxton
Salmson
Squire
Stearns Knight
Stevens Duryea
Steyr
Stutz
Sunbeam
Talbot
Vauxhall Series 30-98 only.
Wills Saint Claire
No commercial vehicles such as hearses, ambulances, or
trucks are considered to be classic cars.
Sec. 3. Minnesota Statutes 1990, section 168.10,
subdivision 1c, is amended to read:
Subd. 1c. [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] Any
motor vehicle, including any truck, that is at least 20 model
years old and manufactured after 1935, or any motor vehicle of a
defunct make defined as any car or truck originally licensed as
a separate identifiable make as designated by the division of
motor vehicles, and owned and operated solely as a collector's
vehicle, shall be listed for taxation and registration as
follows: An affidavit shall be executed stating the name and
address of the person from whom purchased and of the new owner,
the make of the motor vehicle, year and number of the model, the
manufacturer's identification number and that the vehicle is
owned and operated solely as a collector's item and not for
general transportation purposes. The owner must also prove that
the owner also has one or more vehicles with regular license
plates. If the registrar is satisfied that the affidavit is
true and correct and the owner pays a $25 tax, the registrar
shall list the vehicle for taxation and registration and shall
issue number plates.
The number plates issued shall bear the inscription
"Collector," "Minnesota" and the registration number or other
combination of characters authorized under section 168.12,
subdivision 2a, but no date. The number plates are valid
without renewal as long as the vehicle is in existence and shall
be issued for the applicant's use only for the vehicle. The
registrar has the power to revoke the plates for failure to
comply with this subdivision.
Sec. 4. Minnesota Statutes 1990, section 168.10,
subdivision 1d, is amended to read:
Subd. 1d. [COLLECTORS VEHICLES, STREET ROD LICENSE.] Any
modernized motor vehicle manufactured prior to the year 1949 or
designed and manufactured to resemble such vehicle shall be
listed for taxation and registration as follows:
An affidavit shall be executed stating the name and address
of the person from whom purchased and of the new owner, the make
of the motor vehicle, year number of model, and the
manufacturer's identification number. The affidavit shall
further state that the vehicle is owned and operated solely as a
street rod and not for general transportation purposes. The
owner must also prove that the owner has one or more vehicles
with regular license plates. If the registrar is satisfied that
the affidavit is true and correct and the owner pays a $25 tax,
the registrar shall list such vehicle for taxation and
registration and shall issue number plates.
The number plates issued shall bear the inscription "Street
Rod", "Minnesota" and the registration number or other
combination of characters authorized under section 168.12,
subdivision 2a, but no date. The number plates are valid
without renewal as long as the vehicle is in existence and shall
be issued for the applicant's use only for such vehicle. The
registrar has the power to revoke such plates for failure to
comply with this subdivision.
Sec. 5. Minnesota Statutes 1990, section 168.105,
subdivision 3, is amended to read:
Subd. 3. [LICENSE PLATES.] The registrar shall issue
number plates of the same size as standard motorcycle license
plates and inscribed "collector" and "Minnesota" with the
registration number or other combination of characters
authorized under section 168.12, subdivision 2a, but without a
date. The plates are valid without renewal as long as the
classic motorcycle exists and may be issued for the applicant's
use only for the classic motorcycle. The registrar may revoke
the plates for noncompliance with this subdivision.
Sec. 6. Minnesota Statutes 1990, section 168.12,
subdivision 1, is amended to read:
Subdivision 1. [NUMBER PLATES; VISIBILITY, PERIODS OF
ISSUANCE.] The registrar, upon the approval and payment, shall
issue to the applicant the number plates required by law,
bearing the state name and the number assigned. The number
assigned may be a combination of a letter or sign with figures.
The color of the plates and the color of the abbreviation of the
state name and the number assigned shall be in marked contrast.
The plates shall be lettered, spaced, or distinguished to
suitably indicate the registration of the vehicle according to
the rules of the registrar, and when a vehicle is registered on
the basis of total gross weight, the plates issued shall clearly
indicate by letters or other suitable insignia the maximum gross
weight for which the tax has been paid. These number plates
shall be so treated as to be at least 100 times brighter than
the conventional painted number plates. When properly mounted
on an unlighted vehicle, these number plates, when viewed from a
vehicle equipped with standard headlights, shall be visible for
a distance of not less than 1,500 feet and readable for a
distance of not less than 110 feet. The registrar shall issue
these number plates for the following periods:
(1) Number plates issued pursuant to sections 168.27,
subdivisions 16 and 17, and 168.053 shall be for a one-year
period.
(2) New number plates issued pursuant to section 168.012,
subdivision 1, shall be issued to a vehicle for as long as it is
owned by the exempt agency and shall not be transferable from
one vehicle to another but may be transferred with the vehicle
from one tax exempt agency to another.
(3) (2) Plates issued for passenger automobiles as defined
in section 168.011, subdivision 7, shall be issued for a
seven-year period. All plates issued under this paragraph must
be replaced if they are seven years old or older at the time of
annual registration or will become so during the registration
period.
(4) (3) Number plates issued under sections 168.053 and
168.27, subdivisions 16 and 17, shall be for a seven-year period.
(4) Plates for any vehicle not specified in clauses (1),
(2) and (3) to (3), except for trailers as hereafter provided,
shall be issued for the life of the vehicle. Beginning with
number plates issued for the year 1981, plates issued for
trailers with a total gross weight of 3,000 pounds or less shall
be issued for the life of the trailer and shall be not more than
seven inches in length and four inches in width.
In a year in which plates are not issued, the registrar
shall issue for each registration a tab or sticker to designate
the year of registration. This tab or sticker shall show the
calendar year or years for which issued, and is valid only for
that period. The number plates, number tabs, or stickers issued
for a motor vehicle may not be transferred to another motor
vehicle during the period for which it is issued.
Notwithstanding any other provision of this subdivision,
number plates issued to a vehicle which is used for
behind-the-wheel instruction in a driver education course in a
public school may be transferred to another vehicle used for the
same purpose without payment of any additional fee. The
registrar shall be notified of each transfer of number plates
under this paragraph and may prescribe a form for notification.
Sec. 7. Minnesota Statutes 1990, section 168.12,
subdivision 2a, is amended to read:
Subd. 2a. [PERSONALIZED LICENSE PLATES.] Personalized
license plates must be issued to an applicant for registration
of a passenger automobile, including a passenger automobile
registered as a classic car, pioneer car, collector car, or
street rod; van,; pickup truck,; motorcycle, including a
classic motorcycle; or self-propelled recreational vehicle, upon
compliance with the laws of this state relating to registration
of the vehicle and upon payment of a one-time fee of $100 in
addition to the registration tax required by law for the
vehicle. The registrar shall designate a replacement fee for
personalized license plates that is calculated to cover the cost
of replacement. This fee must be paid by the applicant whenever
the personalized license plates are required to be replaced by
law. In lieu of the numbers assigned as provided in subdivision
1, personalized license plates must have imprinted on them a
series of not more than seven numbers and letters in any
combination. When an applicant has once obtained personalized
plates, the applicant shall have a prior claim for similar
personalized plates in the next succeeding year that plates are
issued if application is made for them at least 30 days before
the first date that registration can be renewed. The
commissioner of public safety shall adopt rules in the manner
provided by chapter 14, regulating the issuance and transfer of
personalized license plates. No words or combination of letters
placed on personalized license plates may be used for commercial
advertising, be of an obscene, indecent, or immoral nature, or
be of a nature that would offend public morals or decency. The
call signals or letters of a radio or television station are not
commercial advertising for the purposes of this subdivision.
Notwithstanding the provisions of subdivision 1,
personalized license plates issued under this subdivision may be
transferred to another motor vehicle owned or jointly owned by
the applicant, upon the payment of a fee of $5, which must be
paid into the state treasury and credited to the highway user
tax distribution fund. The registrar may by rule provide a form
for notification. A personalized license plate issued for a
classic car, pioneer car, collector car, street rod, or classic
motorcycle may not be transferred to a vehicle not eligible for
such a license plate.
Notwithstanding any law to the contrary, if the
personalized license plates are lost, stolen, or destroyed, the
applicant may apply and shall receive duplicate license plates
bearing the same combination of letters and numbers as the
former personalized plates upon the payment of the fee required
by section 168.29.
Fees from the sale of permanent and duplicate personalized
license plates must be paid into the state treasury and credited
to the highway user tax distribution fund.
Sec. 8. Minnesota Statutes 1990, section 168.27,
subdivision 16, is amended to read:
Subd. 16. [PLATES, DISTINGUISHING NUMBERS.] (a) The
registrar shall issue to every motor vehicle dealer, upon a
request from the motor vehicle dealer licensed as provided in
subdivision 2 or 3, one or more plates displaying a general
distinguishing number. This subdivision does not apply to a
scrap metal processor, a used vehicle parts dealer, or a vehicle
salvage pool. The fee for each of the first four plates is
$75 per calendar year, of which $60 must be paid to the
registrar and the remaining $15 is payable as motor vehicle
excise tax under section 297B.035. For each additional plate,
the dealer shall pay the registrar a fee of $25 and a motor
vehicle excise tax of $15 annually per calendar year. The
registrar shall deposit the tax in the state treasury and it
shall be credited as provided in section 297B.09. Motor
vehicles, new or used, owned by the motor vehicle dealer and
bearing the number plate, except vehicles leased to the user who
is not an employee of the dealer during the term of the lease,
held for hire, or customarily used by the dealer as a tow truck,
service truck, or parts pickup truck, may be driven upon the
streets and highways of this state:
(1) by the motor vehicle dealer or dealer's spouse, or any
full-time employee of the motor vehicle dealer for either
private or business purposes;
(2) by a part-time employee when the use is directly
related to a particular business transaction of the dealer;
(3) for demonstration purposes by any prospective buyer
thereof for a period of 48 hours or in the case of a truck,
truck-tractor, or semitrailer, for a period of seven days; or
(4) in a promotional event that lasts no longer than four
days in which at least three motor vehicles are involved.
(b) A new or used motor vehicle sold by the motor vehicle
dealer and bearing the motor vehicle dealer's number plate may
be driven upon the public streets and highways for a period of
72 hours by the buyer for either of the following purposes: (1)
Removing the vehicle from this state for registration in another
state, or (2) permitting the buyer to use the motor vehicle
before the buyer receives number plates pursuant to
registration. Use of a motor vehicle by the buyer under the
provisions of clause (2) of the preceding sentence before the
buyer receives number plates pursuant to registration
constitutes a use of the public streets or highways for the
purpose of the time requirements for registration of motor
vehicles.
Sec. 9. Minnesota Statutes 1990, section 168.27,
subdivision 17, is amended to read:
Subd. 17. [APPLICATION FOR IN TRANSIT PLATES.] Every
licensed dealer in motor vehicles may make application upon a
blank provided by the registrar for that purpose for a general
distinguishing number for use upon all new or used motor
vehicles being transported from the dealer's source of supply,
or other place of storage, to the dealer's place of business, or
to another place of storage, or from one dealer to another. A
general distinguishing number shall be assigned by the registrar
to the dealer for that purpose, and the registrar shall then
issue to the dealer the number of plates as the dealer may
request, upon the payment by the dealer to the registrar of the
sum of $5 per plate per calendar year. The plates shall be
known as "in transit" plates. The registrar may issue "in
transit" plates, upon the payment of the sum of $5 to the
registrar, to dealers duly licensed in other states or provinces
upon information furnished in the manner as the registrar may
prescribe, and which satisfies the registrar that persons or
companies applying therefor are duly licensed dealers under the
laws of the states or provinces.
Sec. 10. Minnesota Statutes 1990, section 169.01,
subdivision 75, is amended to read:
Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial
motor vehicle" means a motor vehicle or combination of motor
vehicles used to transport passengers or property if the motor
vehicle:
(1) has a gross vehicle weight of 26,001 or more than
26,000 pounds;
(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;
(3) is a bus;
(4) is of any size and is used in the transportation of
hazardous materials defined in section 221.033, except for those
vehicles having a gross vehicle weight of 26,000 pounds or less
while carrying in bulk tanks a total of not more than 200
gallons of petroleum products and liquid fertilizer; or
(5) is outwardly equipped and identified as a school bus,
except for school buses defined in section 169.44, subdivision
15.
(b) For purposes of sections 169.1211, 169.1215, and
169.123, subdivisions 2 and 4, a commercial motor vehicle does
not include a farm truck, firefighting equipment, or
recreational equipment being operated by a person within the
scope of section 171.02, subdivision 2, paragraph (a).
Sec. 11. Minnesota Statutes 1990, section 169.01, is
amended by adding a subdivision to read:
Subd. 76. [HAZARDOUS MATERIALS.] "Hazardous materials"
means those materials found to be hazardous for the purposes of
the federal Hazardous Materials Transportation Act and that
require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, part 172, subpart F.
Sec. 12. Minnesota Statutes 1990, section 169.121,
subdivision 8, is amended to read:
Subd. 8. [ALCOHOL CHEMICAL USE ASSESSMENT.] When the
evidentiary test shows an alcohol concentration of 0.07 or more,
that result shall be reported to the commissioner of public
safety. The commissioner shall record that fact on the driver's
record. When the driver's record shows a second or subsequent
report of an alcohol concentration of 0.07 or more within two
years of a recorded report, the commissioner may require that
the driver have an alcohol problem a chemical use assessment
meeting the commissioner's requirements. The assessment shall
be at the driver's expense. In no event shall the commissioner
deny the license of a person who refuses to take the assessment
or to undertake treatment, if treatment is indicated by the
assessment, for longer than 90 days. If an assessment is made
pursuant to this section, the commissioner may waive the
assessment required by section 169.126.
Sec. 13. Minnesota Statutes 1990, section 169.123,
subdivision 5c, is amended to read:
Subd. 5c. [PETITION FOR JUDICIAL REVIEW.] Within 30 days
following receipt of a notice and order of revocation or
disqualification pursuant to this section, a person may petition
the court for review, unless the person is entitled to review
under section 171.166. The petition shall be filed with the
district court administrator in the county where the alleged
offense occurred, together with proof of service of a copy on
the commissioner of public safety, and accompanied by the
standard filing fee for civil actions. No responsive pleading
shall be required of the commissioner of public safety, and no
court fees shall be charged for the appearance of the
commissioner of public safety in the matter.
The petition shall be captioned in the full name of the
person making the petition as petitioner and the commissioner of
public safety as respondent. The petition must include the
petitioner's date of birth, driver's license number, and date of
the offense. The petition shall state with specificity the
grounds upon which the petitioner seeks rescission of the order
of revocation, disqualification, or denial and state the facts
underlying each claim asserted.
The filing of the petition shall not stay the revocation,
disqualification, or denial. The reviewing court may order a
stay of the balance of the revocation or disqualification if the
hearing has not been conducted within 60 days after filing of
the petition upon terms the court deems proper. Judicial
reviews shall be conducted according to the rules of civil
procedure.
Sec. 14. Minnesota Statutes 1990, section 169.123,
subdivision 8, is amended to read:
Subd. 8. [NOTICE OF ACTION TO OTHER STATES.] When it has
been finally determined that a nonresident's privilege to
operate a motor vehicle in this state has been revoked or
denied, the commissioner of public safety shall give information
in writing of the action taken to the official in charge of
traffic control or public safety of the state of the person's
residence and of any state in which the person has a license.
Sec. 15. Minnesota Statutes 1990, section 169.73,
subdivision 4a, is amended to read:
Subd. 4a. [REAR-END PROTECTION FOR OTHER VEHICLES.] (a)
Vehicles other than private passenger vehicles, collector
vehicles, collector military vehicles, and other vehicles
specifically exempted by law from such requirements must meet
the rear-end protection requirements of federal motor carrier
regulations, Code of Federal Regulations, title 49, section
393.86.
(b) Notwithstanding contrary regulations cited in paragraph
(a), a truck tractor and semitrailer combination with a
semitrailer length longer than 50 feet whose frame or body
extends more than 36 inches beyond the rear of its rearmost axle
must not be operated on the highways of this state unless
equipped with a bumper or underride guard on the extreme rear of
the frame or body. The bumper or underride guard must:
(1) provide a continuous horizontal beam having a maximum
ground clearance of 22 inches, as measured with the vehicle
empty and on level ground; and
(2) extend to within four inches of the lateral extremities
of the semitrailer on both left and right sides.
Sec. 16. Minnesota Statutes 1990, section 169.81,
subdivision 2, is amended to read:
Subd. 2. [LENGTH OF VEHICLES.] (a) No single unit motor
vehicle, except mobile cranes which may not exceed 48 feet,
unladen or with load may exceed a length of 40 feet extreme
overall dimensions inclusive of front and rear bumpers, except
that the governing body of a city is authorized by permit to
provide for the maximum length of a motor vehicle, or
combination of motor vehicles, or the number of vehicles that
may be fastened together, and which may be operated upon the
streets or highways of a city; provided, that the permit may not
prescribe a length less than that permitted by state law. A
motor vehicle operated in compliance with the permit on the
streets or highways of the city is not in violation of this
chapter.
(b) No single semitrailer may have an overall length,
exclusive of non-cargo-carrying accessory equipment, including
refrigeration units or air compressors, necessary for safe and
efficient operation mounted or located on the end of the
semitrailer adjacent to the truck or truck-tractor, in excess of
48 feet, except that a single semitrailer may have an overall
length in excess of 48 feet but not greater than 53 feet if the
distance from the kingpin to the centerline of the rear axle
group of the semitrailer does not exceed 41 feet. No single
trailer may have an overall length inclusive of tow bar assembly
and exclusive of rear protective bumpers which do not increase
the overall length by more than six inches, in excess of 45 feet.
For determining compliance with the provisions of this
subdivision, the length of the semitrailer or trailer must be
determined separately from the overall length of the combination
of vehicles.
(c) No semitrailer or trailer used in a three-vehicle
combination may have an overall length in excess of 28-1/2 feet,
exclusive of:
(1) non-cargo-carrying accessory equipment, including
refrigeration units or air compressors and upper coupler plates,
necessary for safe and efficient operation, mounted or located
on the end of the semitrailer or trailer adjacent to the truck
or truck-tractor, and further exclusive of;
(2) the tow bar assembly, in excess of 28-1/2 feet; and
(3) lower coupler equipment that is a fixed part of the
rear end of the first trailer.
The commissioner may not grant a permit authorizing the
movement, in a three-vehicle combination, of a semitrailer or
trailer that exceeds 28-1/2 feet, except that the commissioner
may renew a permit that was granted before April 16, 1984, for
the movement of a semitrailer or trailer that exceeds the length
limitation in this paragraph.
Sec. 17. Minnesota Statutes 1990, section 169.81,
subdivision 3, is amended to read:
Subd. 3. [LENGTH OF VEHICLE COMBINATIONS.] (a) Statewide,
except as provided in paragraph (b), no combination of vehicles
coupled together, including truck-tractor and semitrailer, may
consist of more than two units and no combination of vehicles,
unladen or with load, may exceed a total length of 65 feet. The
length limitation does not apply to the transportation of
telegraph poles, telephone poles, electric light and power
poles, piling, or pole length pulpwood, and is subject to the
following further exceptions: the length limitations do not
apply to vehicles transporting pipe or other objects by a public
utility when required for emergency or repair of public service
facilities or when operated under special permits as provided in
this subdivision, but with respect to night transportation, a
vehicle and the load must be equipped with a sufficient number
of clearance lamps and marker lamps on both sides and upon the
extreme ends of a projecting load to clearly mark the dimensions
of the load. Mount combinations may be drawn but the
combinations may not exceed 65 feet in length. The limitation
on the number of units does not apply to vehicles used for
transporting milk from point of production to point of first
processing, in which case no combination of vehicles coupled
together unladen or with load, including truck-tractor and
semitrailers, may consist of more than three units and no
combination of those vehicles may exceed a total length of 65
feet. Notwithstanding other provisions of this section, and
except as provided in paragraph (b), no combination of vehicles
consisting of a truck-tractor and semitrailer designed and used
exclusively for the transportation of motor vehicles or boats
may exceed 65 feet in length. The load may extend a total of
seven feet, but may not extend more than three feet beyond the
front or four feet beyond the rear, and in no case may the
overall length of the combination of vehicles, unladen or with
load, exceed 65 feet. For the purpose of registration, trailers
coupled with a truck-tractor, semitrailer combination are
semitrailers. The state as to state trunk highways, and a city
or town as to roads or streets located within the city or town,
may issue permits authorizing the transportation of combinations
of vehicles exceeding the limitations in this subdivision over
highways, roads, or streets within their boundaries.
Combinations of vehicles authorized by this subdivision may be
restricted as to the use of highways by the commissioner as to
state trunk highways, and a road authority as to highways or
streets subject to its jurisdiction. Nothing in this
subdivision alters or changes the authority vested in local
authorities under the provisions of section 169.04.
(b) The following combination of vehicles regularly engaged
in the transportation of commodities may operate only on divided
highways having four or more lanes of travel, and on other
highways as may be designated by the commissioner of
transportation subject to section 169.87, subdivision 1, and
subject to the approval of the authority having jurisdiction
over the highway, for the purpose of providing reasonable access
between the divided highways of four or more lanes of travel and
terminals, facilities for food, fuel, repair, and rest, and
points of loading and unloading for household goods carriers,
livestock carriers, or for the purpose of providing continuity
of route:
(1) a truck-tractor and semitrailer exceeding 65 feet in
length;
(2) a combination of vehicles with an overall length
exceeding 55 feet and including a truck-tractor and semitrailer
drawing one additional semitrailer which may be equipped with an
auxiliary dolly;
(3) a combination of vehicles with an overall length
exceeding 55 feet and including a truck-tractor and semitrailer
drawing one full trailer; and
(4) a truck-tractor and semitrailer designed and used
exclusively for the transportation of motor vehicles or boats
and exceeding an overall length of 65 feet including the load
except as restricted by applicable federal law.; and
(5) a truck or truck-tractor transporting similar vehicles
by having the front axle of the transported vehicle mounted onto
the center or rear part of the preceding vehicle, defined in
Code of Federal Regulations, title 49, sections 390.5 and 393.5
as drive-away saddlemount combinations or drive-away saddlemount
vehicle transporter combinations, when the overall length
exceeds 65 feet.
Vehicles operated under the provisions of this section must
conform to the standards for those vehicles prescribed by the
United States Department of Transportation, Federal Highway
Administration, Bureau of Motor Carrier Safety, as amended.
Sec. 18. Minnesota Statutes 1990, section 169.825,
subdivision 8, is amended to read:
Subd. 8. [PNEUMATIC-TIRED VEHICLES.] No vehicle or
combination of vehicles equipped with pneumatic tires shall be
operated upon the highways of this state:
(a) Where the gross weight on any wheel exceeds 9,000
pounds, except that on designated local routes and state trunk
highways the gross weight on any single wheel shall not exceed
10,000 pounds;
(b) Where the gross weight on any single axle exceeds
18,000 pounds, except that on designated local routes and state
trunk highways the gross weight on any single axle shall not
exceed 20,000 pounds;
(c) Where the maximum wheel load:
(1) on the foremost and rearmost steering axles, exceeds
600 pounds per inch of tire width or the manufacturer's
recommended load, whichever is less; or
(2) on other axles, exceeds 500 pounds per inch of tire
width or the manufacturer's recommended load, whichever is less;
Clause (2) applies to new vehicles manufactured after
August 1, 1991, and after August 1, 1996, to all vehicles.
(d) Where the gross weight on any axle of a tridem exceeds
15,000 pounds, except that for vehicles to which an additional
axle has been added prior to June 1, 1981, the maximum gross
weight on any axle of a tridem may be up to 16,000 pounds
provided the gross weight of the tridem combination does not
exceed 37,000 pounds where the first and third axles of the
tridem are spaced seven feet apart; 38,500 pounds where the
first and third axles of the tridem are spaced eight feet apart;
and 39,900 pounds where the first and third axles of the tridem
are spaced nine feet apart.
(e) Where the gross weight on any group of axles exceeds
the weights permitted under this section with any or all of the
interior axles disregarded and their gross weights subtracted
from the gross weight of all axles of the group under
consideration.
Sec. 19. Minnesota Statutes 1990, section 169.825,
subdivision 10, is amended to read:
Subd. 10. [GROSS WEIGHT SCHEDULE.] (a) No vehicle or
combination of vehicles equipped with pneumatic tires shall be
operated upon the highways of this state where the total gross
weight on any group of two or more consecutive axles of any
vehicle or combination of vehicles exceeds that given in the
following table for the distance between the centers of the
first and last axles of any group of two or more consecutive
axles under consideration; unless otherwise noted, the distance
between axles being measured longitudinally to the nearest even
foot, and when the measurement is a fraction of exactly one-half
foot the next largest whole number in feet shall be used, except
that when the distance between axles is more than three feet
four inches and less than three feet six inches the distance of
four feet shall be used:
Maximum gross weight in pounds on a group of
2 3 4
Distances consecutive consecutive consecutive
in feet axles of axles of axles of
between a 2-axle a 3-axle a 4-axle
centers vehicle vehicle vehicle
of fore- or of any or of any or any com-
most and vehicle or vehicle or bination of
rearmost combination combination vehicles
axles of of vehicles of vehicles having a
a group having a having a total of 4
total of 2 total of 3 or more axles
or more axles or more axles
4 34,000
5 34,000
6 34,000
7 34,000 41,500 39,000
8 34,000 42,000 39,000
8 plus 34,000 42,000
9 35,000 43,000
(39,000)
10 36,000 43,500 49,000
(40,000)
11 36,000 44,500 49,500
12 45,000 50,000
13 46,000 51,000
14 46,500 51,500
15 47,500 52,000
16 48,000 53,000
17 49,000 53,500
18 49,500 54,000
19 50,500 55,000
20 51,000 55,500
21 52,000 56,000
22 52,500 57,000
23 53,500 57,500
24 54,000 58,000
25 (55,000) 59,000
26 (55,500) 59,500
27 (56,500) 60,000
28 (57,000) 61,000
29 (58,000) 61,500
30 (58,500) 62,000
31 (59,500) 63,000
32 (60,000) 63,500
33 64,000
34 65,000
35 65,500
36 66,000
37 67,000
38 67,500
39 68,000
40 69,000
41 69,500
42 70,000
43 71,000
44 71,500
45 72,000
46 72,500
47 (73,500)
48 (74,000)
49 (74,500)
50 (75,500)
51 (76,000)
The maximum gross weight on a group of three consecutive
axles where the distance between centers of foremost and
rearmost axles is listed as seven feet or eight feet applies
only to vehicles manufactured before August 1, 1991.
"8 plus" refers to any distance greater than eight feet but less
than nine feet.
Maximum gross weight in pounds on a group of
5 6 7
Distances consecutive consecutive consecutive
in feet axles of a axles of axles of
between 5-axle vehicle a combination a combination
centers or any com- of vehicles of vehicles
of fore- bination of having a total having a total
most and vehicles of 6 or more of 7 or more
rearmost having a total axles axles
axles of of 5 or more
a group axles
14 57,000
15 57,500
16 58,000
17 59,000
18 59,500
19 60,000
20 60,500 66,000 72,000
21 61,500 67,000 72,500
22 62,000 67,500 73,000
23 62,500 68,000 73,500
24 63,000 68,500 74,000
25 64,000 69,000 75,000
26 64,500 70,000 75,500
27 65,000 70,500 76,000
28 65,500 71,000 76,500
29 66,500 71,500 77,000
30 67,000 72,000 77,500
31 67,500 73,000 78,500
32 68,000 73,500 79,000
33 69,000 74,000 79,500
34 69,500 74,500 80,000
35 70,000 75,000
36 70,500 76,000
37 71,500 76,500
38 72,000 77,000
39 72,500 77,500
40 73,000 78,000
41 (74,000) 79,000
42 (74,500) 79,500
43 (75,000) 80,000
44 (75,500)
45 (76,500)
46 (77,000)
47 (77,500)
48 (78,000)
49 (79,000)
50 (79,500)
51 (80,000)
The gross weights shown in parentheses in this clause are
permitted only on state trunk highways and routes designated
under section 169.832, subdivision 11.
(b) Notwithstanding any lesser weight in pounds shown in
this table but subject to the restrictions on gross vehicle
weights in clause (c), two consecutive sets of tandem axles may
carry a gross load of 34,000 pounds each and a combined gross
load of 68,000 pounds provided the overall distance between the
first and last axles of the consecutive sets of tandem axles is
36 feet or more.
(c) Notwithstanding the provisions of section 169.85, the
gross vehicle weight of all axles of a vehicle or combination of
vehicles shall not exceed:
(1) 80,000 pounds for any vehicle or combination of
vehicles on all state trunk highways as defined in section
160.02, subdivision 2, and for all routes designated under
section 169.832, subdivision 11; and
(2) 73,280 pounds for any vehicle or combination of
vehicles with five axles or less on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11; and
(3) 80,000 pounds for any vehicle or combination of
vehicles with six or more axles on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11.
(d) The maximum weights specified in this subdivision for
five consecutive axles shall not apply to a combination of
vehicles that includes a three axle semitrailer first registered
before August 1, 1981. All other weight limitations in this
section are applicable.
(e) The maximum weights specified in this subdivision for
five consecutive axles shall not apply to a four axle ready mix
concrete truck which was equipped with a fifth axle prior to
June 1, 1981. The maximum gross weight on four or fewer
consecutive axles of vehicles excepted by this clause shall not
exceed any maximum weight specified for four or fewer
consecutive axles in this subdivision.
Sec. 20. Minnesota Statutes 1990, section 169.86,
subdivision 5, is amended to read:
Subd. 5. [FEES.] The commissioner, with respect to
highways under the commissioner's jurisdiction, may charge a fee
for each permit issued. All such fees for permits issued by the
commissioner of transportation shall be deposited in the state
treasury and credited to the trunk highway fund. Except for
those annual permits for which the permit fees are specified
elsewhere in this chapter, the fees shall be:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued
for like loads carried on a specific route for a period not to
exceed two months. "Like loads" means loads of the same
product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:
(1) refuse compactor vehicles that carry a gross weight up
to but not in excess of 22,000 pounds on a single rear axle and
not in excess of 38,000 pounds on a tandem rear axle;
(2) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;
(3) motor vehicles which travel on interstate highways and
carry loads authorized under subdivision 1a;
(4) motor vehicles operating with gross weights authorized
under section 169.825, subdivision 11, paragraph (a), clause
(3); and
(5) special pulpwood vehicles described in section 169.863.
(d) $120 for an oversize annual permit to be issued for a
period not to exceed 12 consecutive months. Annual permits may
be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes;
(4) farm equipment when the movement is not made according
to the provisions of section 169.80, subdivision 1, paragraphs
(a) to (f);
(5) double-deck buses;
(6) commercial boat hauling.
(e) For vehicles which have axle weights exceeding the
weight limitations of section 169.825, an additional cost added
to the fees listed above. The additional cost is equal to the
product of the distance traveled times the sum of the overweight
axle group cost factors shown in the following chart:
Overweight Axle Group Cost Factors
Weight (pounds) Cost Per Mile For Each Group Of:
exceeding Two consec- Three consec- Four consec-
weight limi- utive axles utive axles utive axles
tations on spaced within spaced within spaced with-
axles 8 feet or 9 feet or in 14 feet
less less or less
0-2,000 .100 .040 .036
2,001-4,000 .124 .050 .044
4,001-6,000 .150 .062 .050
6,001-8,000 Not permitted .078 .056
8,001-10,000 Not permitted .094 .070
10,001-12,000 Not permitted .116 .078
12,001-14,000 Not permitted .140 .094
14,001-16,000 Not permitted .168 .106
16,001-18,000 Not permitted .200 .128
18,001-20,000 Not permitted Not permitted .140
20,001-22,000 Not permitted Not permitted .168
The amounts added are rounded to the nearest cent for each
axle or axle group. The additional cost does not apply to
paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum
permitted weight, a cost-per-mile fee of 22 cents per ton, or
fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated
based on the distance already traveled in the state plus the
distance from the point of detection to a transportation loading
site or unloading site within the state or to the point of exit
from the state.
(f) As an alternative to paragraph (e), an annual permit
may be issued for overweight, or oversize and overweight,
construction equipment, machinery, and supplies. The fees for
the permit are as follows:
Gross Weight (pounds) of vehicle Annual Permit Fee
90,000 or less $200
90,001 - 100,000 $300
100,001 - 110,000 $400
110,001 - 120,000 $500
120,001 - 130,000 $600
130,001 - 140,000 $700
140,001 - 145,000 $800
If the gross weight of the vehicle is more than 145,000
pounds the permit fee is determined under paragraph (e).
(g) For vehicles which exceed the width limitations set
forth in section 169.80 by more than 72 inches, an additional
cost equal to $120 added to the amount in paragraph (a) when the
permit is issued while seasonal load restrictions pursuant to
section 169.87 are in effect.
Sec. 21. Minnesota Statutes 1990, section 171.01,
subdivision 22, is amended to read:
Subd. 22. [COMMERCIAL MOTOR VEHICLE.] "Commercial motor
vehicle" means a motor vehicle or combination of motor vehicles
used to transport passengers or property if the motor vehicle:
(1) has a gross vehicle weight of 26,001 or more than
26,000 pounds;
(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;
(3) is a bus;
(4) is of any size and is used in the transportation of
hazardous materials defined in section 221.033, except for those
vehicles having a gross vehicle weight of 26,000 pounds or less
and carrying in bulk tanks a total of not more than 200 gallons
of liquid fertilizer and petroleum products; or
(5) is outwardly equipped and identified as a school bus,
except for school buses defined in section 169.44, subdivision
15.
Sec. 22. Minnesota Statutes 1990, section 171.01, is
amended by adding a subdivision to read:
Subd. 25. [FARM TRUCK.] For purposes of this chapter only,
"farm truck" means a single-unit truck, including a pickup truck
as defined in section 168.011; truck-tractor; tractor;
semitrailer; or trailer, used by its owner:
(1) to transport from the farm to the market agricultural,
horticultural, dairy, or other farm products, including
livestock, produced or finished by the owner of the farm truck;
(2) to transport the owner's other personal property from
the farm to market; or
(3) to transport property and supplies to the farm of the
owner.
Sec. 23. Minnesota Statutes 1990, section 171.01, is
amended by adding a subdivision to read:
Subd. 26. [HAZARDOUS MATERIALS.] "Hazardous materials"
means those materials found to be hazardous for the purposes of
the federal Hazardous Materials Transportation Act and that
require the motor vehicle to be placarded under Code of Federal
Regulations, title 49, part 172, subpart F.
Sec. 24. Minnesota Statutes 1990, section 171.02,
subdivision 1, is amended to read:
Subdivision 1. No person, except those hereinafter
expressly exempted, shall drive any motor vehicle upon any
street or highway in this state unless such person has a license
valid under the provisions of this chapter for the type or class
of vehicle being driven. No person shall receive a driver's
license unless and until the person surrenders to the department
all valid driver's licenses in possession issued to the person
by any other jurisdiction. All surrendered licenses shall be
returned by the department to the issuing department together
with information that licensee is now licensed in new
jurisdiction. No person shall be permitted to have more than
one valid driver's license at any time. No person may receive a
driver's license, other than an instruction permit or a limited
license, unless the person surrenders to the department any
Minnesota identification card issued to the person under section
171.07, subdivision 3.
Sec. 25. Minnesota Statutes 1990, section 171.02,
subdivision 2, is amended to read:
Subd. 2. [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS,
EXEMPTIONS.] Drivers' licenses shall be classified according to
the types of vehicles which may be driven by the holder of each
type or class of license. The commissioner may, as appropriate,
subdivide the classes listed in this subdivision and issue
licenses classified accordingly. No class of license shall be
valid to operate a motorcycle, school bus, tank vehicle,
double-trailer or triple-trailer combination, vehicle
transporting hazardous materials, or bus, unless so endorsed.
There shall be four general classes of licenses as follows:
(a) Class C; valid for:
(1) all farm trucks as defined in section 168.011,
subdivision 17, operated by (i) the owner, (ii) an immediate
family member of the owner, (iii) an employee of the owner not
primarily employed to operate the farm truck, within 150 miles
of the farm, or (iv) an employee of the owner employed during
harvest to operate the farm truck for the first, continuous
transportation of agricultural products from the production site
or on-farm storage site to any other location within 50 miles of
that site;
(2) fire trucks and emergency fire equipment, whether or
not in excess of 26,000 pounds gross vehicle weight, operated by
a firefighter while on duty, or a tiller operator employed by a
fire department who drives the rear portion of a midmount aerial
ladder truck;
(3) recreational equipment as defined in section 168.011,
subdivision 25, that is operated for personal use; and
(4) all single unit vehicles except vehicles with a gross
vehicle weight of 26,001 or more than 26,000 pounds, vehicles
designed to carry more than 15 passengers including the driver,
and vehicles that carry hazardous materials.
The holder of a class C license may also tow vehicles under
10,000 pounds if the combination of vehicles has a gross vehicle
weight of 26,000 pounds or less.
(b) Class CC; valid for:
(1) operating class C vehicles;
(2) with a hazardous materials endorsement, transporting
hazardous materials in class C vehicles; and
(3) with a school bus endorsement, operating school buses
designed to transport 15 or fewer passengers, including the
driver.
(c) Class B; valid for all vehicles in class C, class CC,
and all other single unit vehicles including, with a passenger
endorsement, buses.
(d) Class A; valid for any vehicle or combination thereof.
Sec. 26. Minnesota Statutes 1990, section 171.02, is
amended by adding a subdivision to read:
Subd. 2b. [EXCEPTION.] Notwithstanding subdivision 2, a
hazardous materials endorsement is not required to operate a
vehicle having a gross vehicle weight of 26,000 pounds or less
while carrying in bulk tanks a total of not more than 200
gallons of petroleum products and liquid fertilizer.
Sec. 27. Minnesota Statutes 1990, section 171.03, is
amended to read:
171.03 [PERSONS EXEMPT.]
The following persons are exempt from license hereunder:
(1) any a person in the employ or service of the United
States federal government while driving or operating a motor
vehicle owned by or leased to the United States federal
government, except that only a noncivilian operator of a
commercial motor vehicle owned or leased by the United States
Department of Defense or the Minnesota national guard is exempt
from the requirement to possess a valid commercial motor vehicle
driver's license;
(2) any person while driving or operating any farm tractor,
or implement of husbandry temporarily operated or moved on a
highway, and for purposes of this section an all-terrain
vehicle, as defined in section 84.92, subdivision 8, is not an
implement of husbandry;
(3) a nonresident who is at least 15 years of age and who
has in immediate possession a valid driver's license issued to
the nonresident in the home state or country may operate a motor
vehicle in this state only as a driver;
(4) a nonresident who has in immediate possession a valid
commercial driver's license issued by a state in compliance with
the Commercial Motor Vehicle Safety Act of 1986, United States
Code, title 49, sections 521, 2304, and 2701 to 2716, and who is
operating in Minnesota the class of commercial motor vehicle
authorized by the issuing state;
(5) any nonresident who is at least 18 years of age, whose
home state or country does not require the licensing of drivers
may operate a motor vehicle as a driver, only for a period of
not more than 90 days in any calendar year if the motor vehicle
so operated is duly registered for the current calendar year in
the home state or country of such nonresident;
(6) any person who becomes a resident of the state of
Minnesota and who has in possession a valid driver's license
issued to the person under and pursuant to the laws of some
other state or province or by military authorities of the United
States may operate a motor vehicle as a driver, only for a
period of not more than 60 days after becoming a resident of
this state without being required to have a Minnesota driver's
license as provided in this chapter;
(7) any person who becomes a resident of the state of
Minnesota and who has in possession a valid commercial driver's
license issued by another state in compliance with the
Commercial Motor Vehicle Safety Act of 1986, United States Code,
title 49, sections 521, 2304, and 2701 to 2716, for not more
than 30 days after becoming a resident of this state; and
(8) any person operating a snowmobile, as defined in
section 84.81.
Sec. 28. Minnesota Statutes 1990, section 171.07,
subdivision 3, is amended to read:
Subd. 3. Upon payment of the required fee, the department
shall issue to every applicant therefor a Minnesota
identification card. The department may not issue a Minnesota
identification card to a person who has a driver's license,
other than an instruction permit or a limited license. The card
must bear a distinguishing number assigned to the applicant, a
colored photograph or an electronically produced image, the full
name, date of birth, residence address, a description of the
applicant in the manner as the commissioner deems necessary, and
a space upon which the applicant shall write the usual signature
and the date of birth of the applicant with pen and ink.
Each Minnesota identification card must be plainly marked
"Minnesota identification card - not a driver's license." The
fee for a Minnesota identification card issued to a person who
is mentally retarded, as defined in section 252A.02, subdivision
2, is 50 cents.
Sec. 29. Minnesota Statutes 1990, section 171.165,
subdivision 3, is amended to read:
Subd. 3. [GRAVE OR MULTIPLE OFFENSES.] Subject to section
171.166, the commissioner shall disqualify a person from
operating commercial motor vehicles for:
(1) not less than three years, for a conviction or
revocation set forth in subdivision 1 or 2 committed during the
transportation of hazardous materials;
(2) not less than ten years, if the person is convicted a
second or subsequent time of an offense set forth in subdivision
1 or if the person's license is revoked more than once under
section 169.123 or 2, a statute of another state or ordinance in
conformity with it, or any combination of them those offenses;
or
(3) life, if the person is convicted under chapter 152 of a
felony involving the manufacture, sale, or distribution of a
controlled substance, or involving the possession of a
controlled substance with intent to manufacture, sell, or
distribute it, and the person is found to have used a commercial
motor vehicle in the commission of the felony.
Sec. 30. Minnesota Statutes 1990, section 171.29,
subdivision 1, is amended to read:
Subdivision 1. No person whose drivers driver's license
has been revoked by reason of conviction, plea of guilty, or
forfeiture of bail not vacated, under section 171.17 or 65B.67,
or revoked under section 169.123 or 169.792 shall be issued
another license unless and until that person shall have
successfully passed an examination as required for an initial
license.
Sec. 31. Minnesota Statutes 1990, section 171.30,
subdivision 1, is amended to read:
Subdivision 1. [ISSUANCE.] In any case where a person's
license has been suspended under section 171.18 or revoked under
section 65B.67, 169.121, 169.123, 169.792, or 171.17, the
commissioner may issue a limited license to the driver including
under the following conditions:
(1) if the driver's livelihood or attendance at a chemical
dependency treatment or counseling program depends upon the use
of the driver's license;
(2) if the use of a driver's license by a homemaker is
necessary to prevent the substantial disruption of the
education, medical, or nutritional needs of the family of the
homemaker; or
(3) if attendance at a post-secondary institution of
education by an enrolled student of that institution depends
upon the use of the driver's license.
The commissioner in issuing a limited license may impose
such conditions and limitations as in the commissioner's
judgment are necessary to the interests of the public safety and
welfare including reexamination as to the driver's
qualifications. The license may be limited to the operation of
particular vehicles, to particular classes and times of
operation and to particular conditions of traffic. The
commissioner may require that an applicant for a limited license
affirmatively demonstrate that use of public transportation or
carpooling as an alternative to a limited license would be a
significant hardship.
For purposes of this subdivision, "homemaker" refers to the
person primarily performing the domestic tasks in a household of
residents consisting of at least the person and the person's
dependent child or other dependents.
The limited license issued by the commissioner shall
clearly indicate the limitations imposed and the driver
operating under the limited license shall have the license in
possession at all times when operating as a driver.
In determining whether to issue a limited license, the
commissioner shall consider the number and the seriousness of
prior convictions and the entire driving record of the driver
and shall consider the number of miles driven by the driver
annually.
If the person's driver's license or permit to drive, or
nonresident operating privileges, have been revoked under
section 65B.67 or 169.792, the commissioner may only issue a
limited license to the person after the person has presented an
insurance identification card, policy, or written statement
indicating that the driver or owner has insurance coverage
satisfactory to the commissioner of public safety. The
commissioner of public safety may require the insurance
identification card provided to satisfy this subdivision be
certified by the insurance company to be noncancelable for a
period not to exceed 12 months.
Sec. 32. Minnesota Statutes 1990, section 221.025, is
amended to read:
221.025 [EXEMPTIONS.]
Except as provided in sections 221.031 and 221.033, the
provisions of this chapter do not apply to the intrastate
transportation described below:
(a) the transportation of students to or from school or
school activities in a school bus inspected and certified under
section 169.451;
(b) the transportation of rubbish as defined in section
443.27;
(c) a commuter van as defined in section 221.011,
subdivision 27;
(d) authorized emergency vehicles as defined in section
169.01, subdivision 5, including ambulances, and tow trucks when
picking up and transporting disabled or wrecked motor vehicles
and when carrying proper and legal warning devices;
(e) the transportation of grain samples under conditions
prescribed by the board;
(f) the delivery of agricultural lime;
(g) the transportation of dirt and sod within an area
having a 50-mile radius from the home post office of the person
performing the transportation;
(h) a person while exclusively engaged in the
transportation of sand, gravel, bituminous asphalt mix, concrete
ready mix, concrete blocks or tile and the mortar mix to be used
with the concrete blocks or tile, or crushed rock to or from the
point of loading or a place of gathering within an area having a
50-mile radius from that person's home post office or a 50-mile
radius from the site of construction or maintenance of public
roads and streets;
(i) the transportation of pulpwood, cordwood, mining
timber, poles, posts, decorator evergreens, wood chips, sawdust,
shavings, and bark from the place where the products are
produced to the point where they are to be used or shipped;
(j) a person while engaged exclusively in transporting
fresh vegetables from farms to canneries or viner stations, from
viner stations to canneries, or from canneries to canneries
during the harvesting, canning, or packing season, or
transporting potatoes, sugar beets, wild rice, or rutabagas from
the field of production to the first place of delivery or
unloading, including a processing plant, warehouse, or railroad
siding;
(k) a person engaged in transporting property or freight,
other than household goods and petroleum products in bulk,
entirely within the corporate limits of a city or between
contiguous cities except as provided in section 221.296;
(l) the transportation of unprocessed dairy products in
bulk within an area having a 100-mile radius from the home post
office of the person providing the transportation;
(m) a person engaged in transporting agricultural,
horticultural, dairy, livestock, or other farm products within
an area having a 25-mile radius from the person's home post
office and the carrier may transport other commodities within
the 25-mile radius if the destination of each haul is a farm;
(n) a person providing limousine service that is not
regular route service in a passenger automobile that is not a
van, and that has a seating capacity, excluding the driver, of
not more than 12 persons;
(o) passenger transportation service that is not charter
service and that is under contract to and with operating
assistance from the department or the regional transit board.
Sec. 33. Minnesota Statutes 1990, section 221.031, is
amended by adding a subdivision to read:
Subd. 9. [OUT-OF-SERVICE CRITERIA ADOPTED BY
REFERENCE.] The North American Uniform Driver, Vehicle, and
Hazardous Materials Out-Of-Service Criteria developed and
adopted by the federal highway administration and the commercial
vehicle safety alliance are adopted in Minnesota.
Sec. 34. Minnesota Statutes 1990, section 221.033, is
amended by adding a subdivision to read:
Subd. 4. [VARIANCE.] The commissioner may adopt rules to
provide a procedure to grant variances from regulations adopted
under subdivision 1, and contained in Code of Federal
Regulations, title 49, part 180. The variances must apply only
to cargo tanks with a capacity of 3,000 gallons or less that
transport gasoline in intrastate commerce in Minnesota and were
first used in transportation before August 1, 1991. The
commissioner shall establish inspection, testing, and
registration requirements to ensure the safety of cargo tanks
operated under a variance granted under this subdivision.
Sec. 35. [221.124] [INITIAL MOTOR CARRIER CONTACT
PROGRAM.]
Subdivision 1. [INITIAL MOTOR CARRIER CONTACT.] The
initial motor carrier contact program consists of an initial
contact, for educational purposes, between a motor carrier
required to participate and representatives of the department of
transportation. The initial contact may be through an
educational seminar or at the discretion of the department
through a personal meeting with a representative of the
department. The initial contact must consist of a discussion of
the statutes, rules, and regulations that apply to motor
carriers. Topics discussed must include: carrier authority;
the leasing of drivers and vehicles; insurance requirements;
tariffs; annual reports; accident reporting; identification of
vehicles; driver qualifications; maximum hours of service of
drivers; the safe operation of vehicles; equipment, parts, and
accessories; and inspection, repair, and maintenance. The
department shall provide written documentation of proof of
compliance with the requirements of subdivision 2 and shall give
a copy of the document to the motor carrier.
Subd. 2. [PARTICIPATION REQUIRED.] A motor carrier that
receives a certificate or permit from the board for new
authority on or after September 1, 1991, shall participate in
the initial motor carrier contact program. A motor carrier
required to participate in the program must have in attendance
at least one motor carrier official having a substantial
interest or control, directly or indirectly, in or over the
operations conducted or to be conducted under the certificate or
permit.
Subd. 3. [TIME FOR COMPLIANCE.] A motor carrier required
by subdivision 2 to participate in the program must do so within
90 days of the service date of the order granting the
certificate or permit. Failure to comply with the requirement
of subdivision 2 makes the order granting the certificate or
permit void upon expiration of the time for compliance.
Sec. 36. Minnesota Statutes 1990, section 221.605, is
amended by adding a subdivision to read:
Subd. 3. [OUT-OF-SERVICE CRITERIA ADOPTED BY
REFERENCE.] The North American Uniform Driver, Vehicle, and
Hazardous Materials Out-Of-Service Criteria developed and
adopted by the federal highway administration and the commercial
vehicle safety alliance are adopted in Minnesota.
Sec. 37. Minnesota Statutes 1990, section 297B.035,
subdivision 2, is amended to read:
Subd. 2. [ANNUAL TAX FOR DEALER PLATE.] Motor vehicles
which satisfy the definitions of subdivision 1, shall be taxed
at a yearly rate of $15 per dealer plate. This tax shall be
paid when dealer plates, tabs, or stickers are purchased and
shall be deposited in the state treasury and credited as
provided in section 297B.09. This tax shall be in lieu of any
other state sales, excise, or use tax.
Sec. 38. [TEMPORARY AUTHORITY; CHARTER CARRIERS OF
PASSENGERS.]
(a) The transportation regulation board may issue a
temporary permit to a motor carrier to operate as a charter
carrier of passengers if the board finds that:
(1) the service to be provided under the temporary
certificate will be provided during the month of January 1992 in
connection with or related to the 1992 National Football League
championship game or during the last week in March through the
second week in April 1992 in connection with or related to the
1992 NCAA Men's Basketball Final Four Tournament;
(2) the petitioner for the temporary permit is fit and able
to conduct the proposed operations; and
(3) the petitioner's vehicles meet the applicable safety
standards of the commissioner of transportation.
(b) Notwithstanding Minnesota Statutes, section 221.121,
subdivision 2, a holder of a temporary permit under this section
is not required to seek a permanent permit from the board. The
board may charge a registration fee of not more than $10 for
each vehicle that will be operated under authority of the
permit. All permits issued by the board under this section
expire on a date specified in the permit, but not later than
January 31, 1992.
(c) All provisions of Minnesota Statutes, chapter 221, not
inconsistent with this section, apply to permits issued under
this section.
(d) In granting temporary permits under this section, the
board shall, to the maximum feasible extent, give priority to
Minnesota-based carriers.
Sec. 39. [REPEALER.]
Section 38 is repealed, effective April 15, 1992.
Minnesota Statutes 1990, section 169.825, subdivision 10,
paragraph (d), is repealed, effective July 1, 1992.
Sec. 40. [EFFECTIVE DATE.]
Sections 24 and 28 are effective the day following final
enactment. Sections 6, 8, 9, and 37 are effective July 1, 1991,
for dealer plates, tabs, and stickers bought on and after that
date. Section 15 is effective July 1, 1992.
Presented to the governor May 31, 1991
Signed by the governor June 4, 1991, 8:57 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes