Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 568-H.F.No. 2030 
           An act relating to transportation; making certain 
          persons who transport passengers for hire in 
          intrastate commerce subject to rules of the 
          commissioner of transportation on insurance and driver 
          hours of service; amending Minnesota Statutes 1990, 
          sections 221.031, by adding a subdivision; and 
          221.141, by adding a subdivision; Minnesota Statutes 
          1991 Supplement, section 221.025. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1991 Supplement, section 
221.025, is amended to read: 
    221.025 [EXEMPTIONS.] 
    Except as provided in sections 221.031 and, 221.033, and 
221.141, subdivision 5, 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) 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. 2.  Minnesota Statutes 1990, section 221.031, is 
amended by adding a subdivision to read: 
    Subd. 3b.  [PASSENGER TRANSPORTATION.] (a) A person who 
transports passengers for hire in intrastate commerce, who is 
not made subject to the commissioner's rules by any other 
provision of this section, must comply with the commissioner's 
rules on maximum hours of service for drivers while transporting 
employees of an employer who is directly or indirectly paying 
the cost of the transportation. 
     (b) This subdivision does not apply to: 
     (1) a local transit commission; 
    (2) a transit authority created by law; or 
    (3) persons providing transportation: 
    (i) in a school bus as defined in section 169.01, 
subdivision 6; 
    (ii) in a commuter van; 
    (iii) in an authorized emergency vehicle as defined in 
section 169.01, subdivision 5; 
    (iv) in special transportation service certified by the 
commissioner under section 174.30; 
    (v) that is special transportation service as defined in 
section 174.29, subdivision 1, when provided by a volunteer 
driver operating a private passenger vehicle as defined in 
section 169.01, subdivision 3a; 
    (vi) in a limousine the service of which is licensed by the 
commissioner under section 221.84; or 
    (vii) in a taxicab, if the fare for the transportation is 
determined by a meter inside the taxicab that measures the 
distance traveled and displays the fare accumulated. 
    Sec. 3.  Minnesota Statutes 1990, section 221.141, is 
amended by adding a subdivision to read: 
    Subd. 5.  [PASSENGER TRANSPORTATION.] For purposes of this 
section, "motor carrier" includes any person who transports 
passengers for hire in intrastate commerce.  This section does 
not apply to an entity or person included in section 221.031, 
subdivision 3b, paragraph (b). 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 2:08 p.m.