Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 284-S.F.No. 1152 
 [At the time of publication, the question of whether this 
chapter is law was under consideration by Minnesota courts.] 
           An act relating to motor vehicles; authorizing the 
          registrar of motor vehicles to prorate the original 
          registration on groups of passenger motor vehicles 
          presented to St. Paul by a lessor; changing provisions 
          relating to limousines; appropriating money; amending 
          Minnesota Statutes 1990, section 168.017, subdivision 
          3; 168.011, subdivision 35; 168.128, subdivisions 2 
          and 3; 221.025; and 221.091; proposing coding for new 
          law in Minnesota Statutes, chapter 221. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 168.017, 
subdivision 3, is amended to read: 
    Subd. 3.  All vehicles subject to registration under the 
monthly series system shall be registered by the registrar for a 
period of 12 consecutive calendar months, except as follows: 
    (a) if the application is an original rather than renewal 
application; or, 
    (b) The application is the next registration occurring 
after a dealer or distributor has registered a motor vehicle 
prior to its assessment or taxation as personal property 
pursuant to section 168.28; or, 
    (c) The application is a renewal application for a pickup 
truck for the registration year of 1982. if the applicant is a 
licensed motor vehicle lessor under section 168.27, in which 
case the applicant may apply for original registration of a 
group of ten or more vehicles for a period of four or more 
months, the month of expiration to be designated by the 
applicant at the time of registration.  However, to qualify for 
this exemption, the applicant must present the application to 
the registrar at St. Paul, or at deputy registrar offices as the 
registrar may designate. 
    In such any instance except that of a licensed motor 
vehicle lessor, the registrar may register the vehicle which is 
the subject of the application for a period of not less than 
three nor more than 15 calendar months, when the registrar 
determines that such registration to do so will help to equalize 
the registration and renewal work load of the department. 
     Sec. 2.  Minnesota Statutes 1990, section 168.011, 
subdivision 35, is amended to read: 
    Subd. 35.  [LIMOUSINE.] "Limousine" means a passenger 
automobile, other than a taxicab or a passenger-carrying 
van-type vehicle, that does not provide regular route service 
and that has a seating capacity, excluding the driver, of not 
more than 12 passengers.  For purposes of motor vehicle 
registration only, "limousine" means an unmarked luxury 
passenger automobile that is not a van or station wagon and has 
a seating capacity of not more than 12 persons, excluding the 
driver.  
    Sec. 3.  Minnesota Statutes 1990, section 168.128, 
subdivision 2, is amended to read: 
    Subd. 2.  [LICENSE PLATES.] A person who operates a 
limousine for other than personal use shall apply to register 
the vehicle as provided in this section.  A person who operates 
a limousine for personal use may apply.  The registrar shall 
issue limousine license plates upon the applicant's compliance 
with laws relating to registration and licensing of motor 
vehicles and drivers and certification by the owner that an 
insurance policy in an aggregate amount of $300,000 per accident 
is in effect for the entire period of the registration under 
section 65B.135.  The applicant must provide the registrar with 
proof that the passenger automobile license tax and a $10 fee 
have been paid for each limousine receiving limousine license 
plates.  The limousine license plates must be designed to 
specifically identify the vehicle as a limousine and must be 
clearly marked with the letters "LM."  Limousine license plates 
may not be transferred upon sale of the limousine, but may be 
transferred to another limousine owned by the same person upon 
notifying the registrar and paying a $5 transfer fee. 
    Sec. 4.  Minnesota Statutes 1990, section 168.128, 
subdivision 3, is amended to read: 
    Subd. 3.  [INSURANCE.] The application must include a 
certificate of insurance verifying that a valid commercial 
insurance policy is in effect and giving the name of the 
insurance company and the number of the insurance policy.  The 
policy must provide stated limits of liability, exclusive of 
interest and costs, with respect to each vehicle for which 
coverage is granted, of not less than $100,000 because of bodily 
injury to one person in any one accident and, subject to said 
limit for one person, of not less than $300,000 because of 
injury to two or more persons in any one accident and of not 
less than $100,000 because of injury to or destruction of 
property.  The insurance company must notify the commissioner if 
the policy is canceled or if the policy no longer provides the 
coverage required by this subdivision. 
    The commissioner shall immediately notify the commissioner 
of transportation if the policy of a person required to have a 
permit under section 7 is canceled or no longer provides the 
coverage required by this subdivision. 
    Sec. 5.  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, 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. 6.  Minnesota Statutes 1990, section 221.091, is 
amended to read: 
    221.091 [LIMITATIONS.] 
    No provision in sections 221.011 to 221.291 and section 7 
shall authorize the use by any carrier of any public highway in 
any city of the first class in violation of any charter 
provision or ordinance of such city in effect January 1, 1925, 
unless and except as such charter provisions or ordinance may be 
repealed after that date; nor shall sections 221.011 to 
221.291 and section 7 be construed as in any manner taking from 
or curtailing the right of any city to reasonably regulate or 
control the routing, parking, speed or the safety of operation 
of a motor vehicle operated by any carrier under the terms of 
sections 221.011 to 221.291 and section 7, or the general police 
power of any such city over its highways; nor shall sections 
221.011 to 221.291 and section 7 be construed as abrogating any 
provision of the charter of any such city requiring certain 
conditions to be complied with before such carrier can use the 
highways of such city and such rights and powers herein stated 
are hereby expressly reserved and granted to such city; but no 
such city shall prohibit or deny the use of the public highways 
within its territorial boundaries by any such carrier for 
transportation of passengers or property received within its 
boundaries to destinations beyond such boundaries, or for 
transportation of passengers or property from points beyond such 
boundaries to destinations within the same, or for 
transportation of passengers or property from points beyond such 
boundaries through such municipality to points beyond the 
boundaries of such municipality, where such operation is 
pursuant to a certificate of convenience and necessity issued by 
the commission or to a permit issued by the commissioner under 
section 7. 
    Sec. 7.  [221.84] [OPERATION OF LIMOUSINES.] 
    Subdivision 1.  [DEFINITION.] "Limousine service" means a 
service that:  
    (1) is not provided on a regular route; 
    (2) is provided in an unmarked luxury passenger automobile 
that is not a van or station wagon and has a seating capacity of 
not more than 12 persons, excluding the driver; 
    (3) provides only prearranged pickup; and 
    (4) charges more than a taxicab fare for a comparable trip. 
    Subd. 2.  [PERMIT REQUIRED; RULES.] No person may operate a 
for-hire limousine service without a permit from the 
commissioner.  The commissioner shall adopt rules governing the 
issuance of permits for for-hire operation of limousines that 
include: 
    (1) annual inspections of limousines; 
    (2) driver qualifications, including requiring a criminal 
history check of drivers; 
    (3) insurance requirements in accordance with section 
168.128; 
    (4) advertising regulation, including requiring a copy of 
the permit to be carried in the limousine and use of the words 
"licensed and insured"; 
    (5) provisions for agreements with political subdivisions 
for sharing enforcement costs; 
    (6) issuance of temporary permits and temporary permit 
fees; and 
    (7) other requirements deemed necessary by the commissioner.
This section does not apply to limousines operated by persons 
meeting the definition of private carrier in section 221.011, 
subdivision 26. 
    Subd. 3.  [PENALTIES.] The commissioner may issue an order 
requiring violations of statutes, rules, and local ordinances 
governing operation of limousines to be corrected and assessing 
monetary penalties up to $1,000.  The commissioner may suspend 
or revoke a permit for violation of applicable statutes and 
rules and, upon the request of a political subdivision, may 
immediately suspend a permit for multiple violations of local 
ordinances.  The commissioner shall immediately suspend a permit 
for failure to maintain required insurance and shall not restore 
the permit until proof of insurance is provided.  A person whose 
permit is revoked or suspended or who is assessed an 
administrative penalty may appeal the commissioner's action in a 
contested case proceeding under chapter 14. 
    Subd. 4.  [PERMITS; DECALS.] (a) The commissioner shall 
design a distinctive decal to be issued to permit holders under 
this section.  Each decal is valid for one year from the date of 
issuance.  No person may operate a limousine that provides 
limousine service unless the limousine has such a decal 
conspicuously displayed.  
    (b) During the period July 1, 1991, to June 30, 1992, the 
fee for each decal issued under this section is $150.  After 
June 30, 1992, the fee for each decal is $80.  The fee for each 
permit issued under this section is $150.  The commissioner 
shall deposit all fees under this section in the trunk highway 
fund. 
    Sec. 8.  [APPROPRIATION.] 
    $75,000 for the fiscal year ending June 30, 1992, and 
$47,000 for the fiscal year ending June 30, 1993, is 
appropriated from the trunk highway fund to the commissioner of 
transportation for the purposes of section 7.  The complement of 
the department of transportation in the fiscal year ending June 
30, 1993, is increased by 1.5 positions. 
     Sec. 9.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment. 
    Presented to the governor May 29, 1991 
    Filed with the secretary of state June 10, 1991