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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1992 

                        CHAPTER 578-S.F.No. 695 
           An act relating to transportation; making technical 
          and clarifying changes; permitting a town board by 
          resolution to take certain actions relating to 
          abandoned roads; establishing comprehensive regulation 
          of personal transportation service vehicles; defining 
          terms; providing for maximum weight per inch of tire 
          width; modifying axle weight limitations; allowing 
          commissioner of transportation to adopt rules 
          assessing administrative penalties for violations of 
          special transportation service standards; providing 
          for regulation of motor vehicles having a gross 
          vehicle weight of 10,000 pounds or more and operated 
          by motor carriers; requiring certain carriers to 
          comply with rules on driver qualifications and maximum 
          hours of service after August 1, 1994; applying 
          federal regulations on drug testing to intrastate 
          motor carriers; regulating transportation of hazardous 
          materials, substances, and waste; specifying 
          identification information required on power units; 
          authorizing small fee for motor carrier identification 
          stamps; regulating building movers; authorizing 
          release of criminal history data for purposes of 
          special transportation license endorsements; 
          appropriating money; amending Minnesota Statutes 1990, 
          sections 164.06; 168.011, by adding a subdivision; 
          169.01, subdivision 55; 169.825, subdivisions 11 and 
          14; 174.30, subdivision 2; 221.011, subdivisions 20, 
          21, 25, and by adding subdivisions; 221.021; 221.031, 
          subdivisions 1, 2, 2a, 3, 3a, 6, and by adding 
          subdivisions; 221.033, subdivisions 1, 2, and by 
          adding subdivisions; 221.034, subdivisions 1 and 3; 
          221.035, subdivisions 1, 2, and by adding a 
          subdivision; 221.121, subdivisions 1 and 7; 221.131, 
          subdivisions 1, 2, and 6; 221.161, subdivision 1; 
          221.60, subdivision 2; 221.605, subdivision 1; and 
          221.81, subdivisions 2, 4, and by adding subdivisions; 
          Minnesota Statutes 1991 Supplement, sections 169.781, 
          subdivisions 1 and 5; 169.825, subdivisions 8 and 10; 
          169.86, subdivision 5; 221.025; 221.091; 221.84, 
          subdivision 2; and 364.09; proposing coding for new 
          law in Minnesota Statutes, chapters 168; and 221. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 164.06, is 
amended to read: 
    164.06 [ESTABLISH, ALTER, OR VACATE BY RESOLUTION.] 
    Subdivision 1.  [AUTHORIZATION.] A town board, when 
authorized by a vote of the electors at the annual meeting, or 
at a special meeting called for that purpose, may establish or 
vacate a town road by resolution, and may acquire the 
right-of-way as may be necessary for the road by gift, purchase 
or as provided in section 164.07.  A town board may alter a town 
road by resolution. 
    Subd. 2.  [ABANDONED ROADS.] After providing notice under 
section 366.01, subdivision 8, the town board may by resolution 
disclaim and extinguish a town interest in a town road without 
action under subdivision 1 if:  
    (1) the extinguishment is found by the town board to be in 
the public interest; 
    (2) the interest is not a fee interest; 
    (3) the interest was established more than 25 years 
earlier; 
    (4) the interest is not recorded or filed with the county 
recorder; 
    (5) no road improvement has been constructed on a 
right-of-way affected by the interest; and 
    (6) no road maintenance on a right-of-way affected by the 
interest has occurred within the last 25 years.  
    The resolution shall be filed and recorded with the county 
auditor and recorder. 
     Sec. 2.  Minnesota Statutes 1990, section 168.011, is 
amended by adding a subdivision to read: 
    Subd. 36.  [PERSONAL TRANSPORTATION SERVICE 
VEHICLE.] "Personal transportation service vehicle" is a 
passenger vehicle that has a seating capacity of up to six 
persons excluding the driver, or a van or station wagon with a 
seating capacity of up to 12 persons excluding the driver, that 
provides personal transportation service as defined in section 
221.011, subdivision 33. 
    Sec. 3.  [168.1281] [PERSONAL TRANSPORTATION SERVICE 
PLATES.] 
    Subdivision 1.  [LICENSE PLATES.] A person who operates a 
personal transportation service vehicle shall apply to register 
the vehicle as provided in this section.  The registrar shall 
issue personal transportation service plates on 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 meeting the requirements of subdivision 2 is 
in effect for the entire period of registration.  The applicant 
must provide the registrar with proof that the passenger 
automobile license tax and a $10 fee have been paid for each 
vehicle receiving personal transportation service license plates.
The registrar shall design personal transportation service 
license plates so that the plates identify the vehicle as a 
personal transportation service vehicle, and clearly display the 
letters "LS."  Personal transportation service license plates 
issued to a vehicle may not be transferred to another vehicle, 
except that they may be transferred to another personal 
transportation service vehicle owned by the same owner on 
notification to the registrar and payment of a $5 transfer fee. 
    Subd. 2.  [INSURANCE.] An application under subdivision 1 
must include a certificate of insurance that (1) verifies that a 
valid commercial insurance policy is in effect, and (2) gives 
the name of the insurance company and the number of the 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 (1) not less than $100,000 because of 
bodily injury to one person in any one accident, (2) subject to 
the limit for one person, not less than $300,000 because of 
injury to two or more persons in any one accident, and (3) 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. 
    Subd. 3.  [NOTIFICATION OF CANCELLATION.] The commissioner 
shall immediately notify the commissioner of transportation if 
the policy of a person required to have a permit under section 
221.091 is canceled or no longer provides the coverage required 
by subdivision 2. 
     Sec. 4.  Minnesota Statutes 1990, section 169.01, 
subdivision 55, is amended to read: 
    Subd. 55.  [IMPLEMENT OF HUSBANDRY.] (a) "Implement of 
husbandry" means every vehicle designed and adapted exclusively 
for agricultural, horticultural, or livestock-raising operations 
or for lifting or carrying an implement of husbandry and in 
either case not subject to registration if used upon the 
highways. 
    (b) A vehicle described in paragraph (a) that is not 
required to be registered is an implement of husbandry without 
regard to whether the vehicle is towed by an implement of 
husbandry or by a registered motor vehicle. 
     Sec. 5.  Minnesota Statutes 1991 Supplement, 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 of more than 26,000 
pounds. 
    "Commercial motor vehicle" does not include (1) a school 
bus displaying a certificate under section 169.451, (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. 
     (e) "Building mover vehicle" means a vehicle owned or 
leased by a building mover as defined in section 221.81, 
subdivision 1, paragraph (a), and used exclusively for moving 
buildings. 
    Sec. 6.  Minnesota Statutes 1991 Supplement, 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, or (3) 
a building mover vehicle 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), or (3) 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. 7.  Minnesota Statutes 1991 Supplement, 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.  For vehicles manufactured before 
August 2, 1991, the maximum weight per inch of tire width is 600 
pounds per inch or the manufacturer's recommended load, 
whichever is less, until August 1, 1996, to all vehicles.  After 
July 31, 1996, clause (2) applies to all vehicles regardless of 
date of manufacture. 
    (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 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. 8.  Minnesota Statutes 1991 Supplement, 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            39,000 37,000
   8          34,000            39,000 38,500
   8 plus     34,000            42,000 
             (38,000) 
   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. 9.  Minnesota Statutes 1990, section 169.825, 
subdivision 11, is amended to read: 
    Subd. 11.  [GROSS WEIGHT SEASONAL INCREASES.] (a) The 
limitations provided in this section are increased:  
    (1) by ten percent from January 1 to March 7 each winter, 
statewide; 
    (2) by ten percent from December 1 through December 31 each 
winter in the zone bounded as follows:  beginning at Pigeon 
River in the northeast corner of Minnesota; thence in a 
southwesterly direction along the north shore of Lake Superior 
along trunk highway No. 61 to the junction with trunk highway 
No. 210; thence westerly along trunk highway No. 210 to the 
junction with trunk highway No. 10; thence northwesterly along 
trunk highway No. 10 to the Minnesota-North Dakota border; 
thence northerly along that border to the Minnesota-Canadian 
Border; thence easterly along said Border to Lake Superior; and 
    (3) by ten percent from October 1 the beginning of harvest 
to November 30 each year for the movement of sugar beets and 
potatoes within an area having a 75-mile radius from the field 
of harvest to the point of the first unloading.  The 
commissioner shall not issue permits under this clause if to do 
so will result in a loss of federal highway funding to the state.
    (b) The duration of a ten percent increase in load limits 
is subject to limitation by order of the commissioner, subject 
to implementation of springtime load restrictions, or March 7.  
    (c) When the ten percent increase is in effect, a permit is 
required for a motor vehicle, trailer, or semitrailer 
combination that has a gross weight in excess of 80,000 pounds, 
an axle group weight in excess of that prescribed in subdivision 
10, or a single axle weight in excess of 20,000 pounds and which 
travels on interstate routes.  
     (d) In cases where gross weights in an amount less than 
that set forth in this section are fixed, limited, or restricted 
on a highway or bridge by or under another section of this 
chapter, the lesser gross weight as fixed, limited, or 
restricted may not be exceeded and must control instead of the 
gross weights set forth in this section.  
     (e) Notwithstanding any other provision of this 
subdivision, no vehicle may exceed a total gross vehicle weight 
of 80,000 pounds on routes which have not been designated by the 
commissioner under section 169.832, subdivision 11. 
    Sec. 10.  Minnesota Statutes 1990, section 169.825, 
subdivision 14, is amended to read: 
    Subd. 14.  [VARIABLE LOAD AXLES.] A vehicle or combination 
of vehicles equipped with one or more variable load axles shall 
have the pressure control preset so that the weight carried on 
the variable load axle may not be varied by the operator during 
transport of any load.  The actuating control for the axle shall 
function only as an on and off switch.  The provisions of this 
subdivision do not apply to any farm truck registered prior to 
July 1, 1981, under section 168.013, subdivision 1c, for 57,000 
pounds or less or to any rear-loading refuse compactor vehicle.  
This subdivision does not apply to rear-loading refuse compactor 
vehicles, except that any refuse compactor vehicle having a 
tridem rear axle must comply with this subdivision before being 
issued a special permit under section 169.86, subdivision 5, 
paragraph (h).  
    Sec. 11.  Minnesota Statutes 1991 Supplement, 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) (2) motor vehicles which travel on interstate highways 
and carry loads authorized under subdivision 1a; 
    (4) (3) motor vehicles operating with gross weights 
authorized under section 169.825, subdivision 11, paragraph (a), 
clause (3); and 
    (5) (4) 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. 
    (h) $85 for an annual permit to be issued for a period not 
to exceed 12 months, for refuse compactor vehicles that carry a 
gross weight of not more than:  22,000 pounds on a single rear 
axle; 38,000 pounds on a tandem rear axle; or, subject to 
section 169.825, subdivision 14, 46,000 pounds on a tridem rear 
axle.  A permit issued for up to 46,000 pounds on a tridem rear 
axle must limit the gross vehicle weight to not more than 62,000 
pounds. 
    Sec. 12.  Minnesota Statutes 1990, section 174.30, 
subdivision 2, is amended to read: 
    Subd. 2.  [AUTHORITY TO ADOPT; PURPOSE AND CONTENT; 
RULEMAKING.] The commissioner of transportation shall adopt by 
rule standards for the operation of vehicles used to provide 
special transportation service which are reasonably necessary to 
protect the health and safety of individuals using that 
service.  The commissioner, as far as practicable, consistent 
with the purpose of the standards, shall avoid adoption of 
standards that unduly restrict any public or private entity or 
person from providing special transportation service because of 
the administrative or other cost of compliance. 
    Standards adopted under this section must include but are 
not limited to: 
    (a) Qualifications of drivers and attendants, including 
driver training requirements that must be met before a driver 
provides special transportation; 
    (b) Safety of vehicles and necessary safety equipment; 
    (c) General requirements concerning inspection and 
maintenance of vehicles, replacement vehicles, standard vehicle 
equipment, and specialized equipment necessary to ensure vehicle 
usability and safety for disabled persons; and 
    (d) Minimum insurance requirements; and 
    (e) Assessment of administrative penalties for violations. 
    The commissioner shall consult with the council on 
disability before making a decision on a variance from the 
standards. 
    Sec. 13.  Minnesota Statutes 1990, section 221.011, 
subdivision 20, is amended to read: 
    Subd. 20.  "Charter" means the agreement whereby the owner 
of a motor bus vehicle lets the same to a group of persons as 
one party for a specified sum and for a specified act of 
transportation at a specified time. 
    Sec. 14.  Minnesota Statutes 1990, section 221.011, 
subdivision 21, is amended to read: 
    Subd. 21.  "Charter carrier" means a person who engages in 
the business of transporting the public by motor buses vehicle 
under charter.  The term "charter carrier" does not include 
regular route common carriers of passengers and, school buses 
described in section 221.025, clause (a), or persons providing 
limousine service described in section 221.84. 
    Sec. 15.  Minnesota Statutes 1990, section 221.011, 
subdivision 25, is amended to read: 
    Subd. 25.  "Courier services carrier" means any person who 
offers expedited door-to-door transportation of packages and 
articles less than 100 pounds in weight in vehicles a vehicle 
with a registered gross vehicle weight and gross vehicle weight 
rating not exceeding of 15,000 pounds or less.  
    Sec. 16.  Minnesota Statutes 1990, section 221.011, is 
amended by adding a subdivision to read: 
    Subd. 33.  "Gross vehicle weight" has the meaning given it 
in section 169.01, subdivision 46. 
     Sec. 17.  Minnesota Statutes 1990, section 221.011, is 
amended by adding a subdivision to read: 
    Subd. 34.  [PERSONAL TRANSPORTATION SERVICE.] "Personal 
transportation service" means service that: 
    (1) is not provided on a regular route; 
    (2) is provided in a personal transportation service 
vehicle as defined in section 168.011, subdivision 36; 
    (3) is not metered for the purpose of determining fares; 
    (4) provides prearranged pickup of passengers; 
    (5) charges more than a taxicab fare for a comparable trip. 
    Sec. 18.  Minnesota Statutes 1990, section 221.021, is 
amended to read: 
    221.021 [OPERATION CERTIFICATE OR PERMIT REQUIRED.] 
    No person shall may operate as a motor carrier or advertise 
or otherwise hold out as a motor carrier without a certificate 
or permit in full force and effect.  A certificate or permit may 
be suspended or revoked upon conviction of violating a provision 
of sections 221.011 to 221.296 or an order or rule of the 
commissioner or board governing the operation of motor carriers, 
and upon a finding by the court that the violation was willful.  
The board may, for good cause after a hearing, suspend or revoke 
a certificate or permit for a violation of a provision of 
sections 221.011 to 221.296 or an order issued or rule of 
adopted by the commissioner or board issued under this chapter.  
    Sec. 19.  Minnesota Statutes 1991 Supplement, 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 requiring a certificate or permit to 
operate as a motor carrier 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 solid waste, as defined in section 116.06, subdivision 
10, including recyclable materials and waste tires, except that 
the term "hazardous waste" has the meaning given it in section 
221.011, subdivision 31; 
    (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 the 
transportation of 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 the transportation of 
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 the transportation of 
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; 
and 
    (o) the transportation of newspapers, as defined in section 
331A.01, subdivision 5, telephone books, handbills, circulars, 
or pamphlets in a vehicle with a gross vehicle weight of 10,000 
pounds or less. 
    The exemptions provided in this section apply to a person 
only while the person is exclusively engaged in exempt 
transportation. 
    Sec. 20.  Minnesota Statutes 1990, section 221.031, 
subdivision 1, is amended to read: 
    Subdivision 1.  [POWERS, DUTIES, REPORTS, LIMITATIONS.] (a) 
This subdivision applies to motor carriers engaged in intrastate 
commerce. 
    (b) The commissioner shall prescribe rules for the 
operation of motor carriers, including their facilities,; 
accounts,; leasing of vehicles and drivers,; service,; safe 
operation of vehicles,; equipment, parts, and accessories, 
maximum; hours of service of drivers,; driver 
qualifications,; accident reporting,; identification of 
vehicles,; installation of safety devices,; inspection, repair, 
and maintenance,; and proper automatic speed regulators if, in 
the opinion of the commissioner, there is a need for the rules.  
    (c) The commissioner shall direct the repair and 
reconstruction or replacement of an inadequate or unsafe motor 
carrier vehicle or facility.  The commissioner may require the 
construction and maintenance or furnishing of suitable and 
proper freight terminals, passenger depots, waiting rooms, and 
accommodations or shelters in a city in this state or at a point 
on the highway traversed which the commissioner, after 
investigation by the department, may deem just and proper for 
the protection of passengers or property.  
    (d) The commissioner shall require the filing of annual and 
other reports including annual accounts of motor carriers, 
schedules of rates and charges, or other data by motor carriers, 
regulate motor carriers in matters affecting the relationship 
between them and the traveling and shipping public, and 
prescribe other rules as may be necessary to carry out the 
provisions of this chapter.  
     (e) A motor carrier having gross revenues from for-hire 
transportation in a calendar year of less than $50,000 may, at 
the discretion of the commissioner, be exempted from the filing 
of an annual report, if instead of filing the report the motor 
carrier files an affidavit, in a form as may be prescribed by 
the commissioner, attesting that the motor carrier's gross 
revenues did not exceed $50,000 in the previous calendar year.  
Motor carrier gross revenues from for-hire transportation, for 
the purposes of this subdivision only, do not include gross 
revenues received from the operation of school buses as defined 
in section 169.01, subdivision 6. 
     (f) The commissioner shall enforce sections 169.781 to 
169.783. 
     (g) The commissioner shall make no rules relating to the 
granting, limiting, or modifying of permits or certificates of 
convenience and necessity, which are powers granted to the board.
    (h) The board may extend the termini of a route or alter or 
change the route of a regular route common carrier upon petition 
and after finding that public convenience and necessity require 
an extension, alteration, or change. 
    Sec. 21.  Minnesota Statutes 1990, section 221.031, 
subdivision 2, is amended to read: 
    Subd. 2.  [PRIVATE CARRIERS.] This subdivision applies to 
private carriers engaged in intrastate commerce. 
    (a) Private carriers operating vehicles licensed and 
registered for with a gross vehicle weight of more than 12,000 
10,000 pounds, shall comply with rules adopted under this 
section applying to maximum for driver qualifications; hours of 
service of drivers,; safe operation of vehicles,; equipment, 
parts, and accessories,; leasing of vehicles or vehicles and 
drivers,; and inspection, repair, and maintenance.  Private 
carriers not subject to the rules of the commissioner for driver 
qualifications on August 1, 1992, must comply with those rules 
on and after August 1, 1994. 
    (b) In addition to the requirements in paragraph (a), 
private carriers operating vehicles licensed and registered for 
a gross weight in excess of 26,000 pounds shall comply with 
rules adopted under this section relating to driver 
qualifications.  
    (c) The requirements as to driver qualifications and 
maximum rules for hours of service for of drivers do not apply 
to private carriers who are (1) public utilities as defined in 
section 216B.02, subdivision 4; (2) cooperative electric 
associations organized under chapter 308A; (3) telephone 
companies as defined in section 237.01, subdivision 2; or 
(4) who are engaged in the transportation of construction 
materials, tools and equipment from shop to job site or job site 
to job site, for use by the private carrier in the new 
construction, remodeling, or repair of buildings, structures or 
their appurtenances. 
    (d) (c) The rules for driver qualification rule 
qualifications and the hours of service rules of drivers do not 
apply to vehicles controlled by a farmer and operated by a 
farmer or farm employee to transport agricultural products or, 
farm machinery, or supplies to or from a farm if the vehicle is 
not used in the operations of a motor carrier and not carrying 
hazardous materials of a type or quantity that requires the 
vehicle to be marked or placarded in accordance with section 
221.033.  
    Sec. 22.  Minnesota Statutes 1990, section 221.031, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [AGRICULTURAL EXEMPTIONS.] (a) Notwithstanding 
the provisions of subdivision 2, private carriers engaged in 
intrastate commerce and operating vehicles transporting 
agricultural and other farm products within an area having a 
50-mile radius from the business location of the private carrier 
must comply only with the commissioner's rules for driver 
qualifications and safety of operations; safe operation of 
vehicles; and equipment, parts, and accessories, except as 
provided in paragraphs (b) and (c). 
    (b) A rear-end dump truck or other rear-unloading truck 
while being used for hauling agricultural and other farm 
products from a place of production or on-farm storage site to a 
place of processing or storage, is not subject to any rule of 
the commissioner requiring rear-end protection, including a 
federal regulation adopted by reference.  
    (c) A private carrier operating a commercial motor vehicle 
as defined in section 169.781, subdivision 1, must comply with 
sections 169.781 to 169.783. 
    Sec. 23.  Minnesota Statutes 1990, section 221.031, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [OTHER EXEMPTIONS.] From August 1, 1992, to 
August 1, 1994, the rules of the commissioner for hours of 
service for drivers do not apply to a person exclusively engaged 
in the transportation of asphalt cement, cementitious material, 
fly ash, or sod, construction debris, and solid waste when 
transported by a transfer driver, when the transportation is 
provided within a radius of 100 miles from (1) the person's home 
post office, or (2) a highway construction or maintenance site 
where the asphalt cement, cementitious material, fly ash, or sod 
is being used. 
    Sec. 24.  Minnesota Statutes 1990, section 221.031, 
subdivision 3, is amended to read: 
    Subd. 3.  [VEHICLES OVER 12,000 10,000 POUNDS NOT EXEMPT.] 
(a) This subdivision applies to vehicles persons engaged in 
intrastate commerce. who operate vehicles providing 
transportation described in section 221.025 which are registered 
and licensed for with a gross vehicle weight in excess of 12,000 
10,000 pounds, except school buses, commuter vans, and 
authorized emergency vehicles,. 
    (b) Persons providing transportation described in section 
221.025, clause (f), (j), (l), or (m), must comply with the 
rules of the commissioner for safety of operations safe 
operation of vehicles and for equipment, parts, and accessories. 
    (c) Persons providing transportation described in section 
221.025, except for persons providing transportation described 
in clause (f), (j), (l), or (m), must comply with the rules of 
the commissioner for safe operation of vehicles; equipment, 
parts, and accessories; and, after August 1, 1994, the rules of 
the commissioner for driver qualifications. 
    Sec. 25.  Minnesota Statutes 1990, section 221.031, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [CONTRACTORS OR RECIPIENTS OF TRANSPORTATION 
ASSISTANCE.] Notwithstanding subdivision 3, providers of 
passenger transportation service under contract to and with 
operating assistance from the department or the regional transit 
board must comply with rules of the commissioner for driver 
qualifications,; safe operation of vehicles,; equipment, 
parts, and accessories, maximum; hours of service of drivers,; 
inspection, repair, and maintenance,; and accident reporting.  
    This subdivision does not apply to (1) a local transit 
commission, (2) a transit authority created by the legislature, 
(3) special transportation service certified by the commissioner 
under section 174.30, or (4) special transportation service 
defined in section 174.29, subdivision 1, when provided by a 
volunteer driver operating a private passenger vehicle defined 
in section 169.01, subdivision 3a. 
    Sec. 26.  Minnesota Statutes 1990, section 221.031, is 
amended by adding a subdivision to read: 
    Subd. 3c.  [SOLID WASTE TRANSPORTERS NOT EXEMPT.] Persons 
providing transportation described in section 221.025, clause 
(b), must comply with the rules of the commissioner for driver 
qualifications after August 1, 1994; hours of service of 
drivers; safe operation of vehicles; equipment, parts, and 
accessories; and inspection, repair, and maintenance.  A local 
government unit, as defined in section 115A.03, subdivision 17, 
shall not enact or enforce laws, ordinances, or regulations for 
the operation of solid waste transporters that are inconsistent 
with the rules of the commissioner. 
    Sec. 27.  Minnesota Statutes 1990, section 221.031, 
subdivision 6, is amended to read: 
    Subd. 6.  [VEHICLE IDENTIFICATION RULE.] (a) The following 
carriers shall display the carrier's name and address on the 
power unit of each vehicle:  
    (1) motor carriers, regardless of the weight of the 
vehicle; 
    (2) interstate and intrastate private carriers operating 
vehicles licensed and registered for with a gross vehicle weight 
of 12,000 10,000 pounds or more; and 
    (3) vehicles providing transportation described in section 
221.025 which are licensed and registered for with a gross 
vehicle weight of 12,000 10,000 pounds or more except those 
providing transportation described in section 221.025, clauses 
(a), (c), and (d).  
    Vehicles described in clauses (2) and (3) that are operated 
by farmers or farm employees and have four or fewer axles are 
not required to comply with the vehicle identification rule of 
the commissioner. 
    (b) Vehicles subject to this subdivision must show the name 
or "doing business as" name of the carrier operating the vehicle 
and the city or community and state abbreviation of the state in 
which the carrier maintains its principal office or in which the 
vehicle is customarily based.  If the carrier operates a leased 
vehicle, it may show its name and the name of the lessor on the 
vehicle, if the lease relationship is clearly shown.  If the 
name of a person other than the operating carrier appears on the 
vehicle, the words "operated by" must immediately precede the 
name of the carrier.  
    (c) The name and address must be in letters that contrast 
sharply in color with the background, be readily legible during 
daylight hours from a distance of 50 feet while the vehicle is 
stationary, and be maintained in a manner that retains the 
legibility of the markings.  The name and address may be shown 
by use of a removable device if that device meets the 
identification and legibility requirements of this subdivision. 
    Sec. 28.  [221.0313] [CONTROLLED SUBSTANCES TESTING AND 
PROCEDURES.] 
    Subdivision 1.  [PURPOSE; INTENT; EXEMPTION.] (a) The 
purpose of this section is to adopt federal regulations 
governing testing for controlled substances.  
    (b) The legislature intends that the adopted federal 
regulations be applied: 
    (1) to persons who provide intrastate transportation, who 
are subject to the rules of the commissioner for driver 
qualifications, and who operate commercial motor vehicles, as 
defined in Code of Federal Regulations, title 49, section 
391.85; and 
    (2) in the same manner that the federal regulations apply 
to interstate transportation.  
    (c) Intrastate carriers who are required to comply with the 
adopted federal regulations are exempt from the requirements of 
sections 181.950 to 181.957.  This exemption applies only to the 
testing of drivers. 
    Subd. 2.  [DEFINITIONS.] For purposes of this section, the 
following terms used in the federal regulations adopted in 
subdivisions 4 and 5 have the meanings given them in this 
subdivision: 
    (a) "DOT agency" means the commissioner of transportation. 
    (b) "DOT agency regulations" means the federal regulations 
adopted in subdivisions 4 and 5. 
    (c) "Motor carrier" means:  
    (1) a motor carrier as defined in section 221.011, 
subdivision 15; and 
    (2) a private carrier as defined in section 221.011, 
subdivision 26, or a person providing transportation described 
in section 221.025 when the private carrier or person:  
    (i) is subject to the rules of the commissioner for driver 
qualifications under section 221.031; and 
    (ii) is operating a commercial motor vehicle.  
    The term "motor carrier" includes a motor carrier's agents; 
officers; representatives; employees responsible for hiring, 
supervising, training, assigning, or dispatching drivers; and 
employees concerned with installing, inspecting, and maintaining 
motor vehicle equipment or accessories.  The definition of motor 
carrier includes the term "employer." 
    Subd. 3.  [APPLICABILITY.] The regulations adopted in 
subdivisions 4 and 5 apply to a motor carrier providing 
transportation by commercial motor vehicle in intrastate 
commerce. 
    Subd. 4.  [DRIVER QUALIFICATIONS; FEDERAL REGULATIONS 
ADOPTED.] Code of Federal Regulations, title 49, sections 
391.41, paragraph (c); 391.43, paragraph (a)(2); 391.81, 
paragraphs (a) and (b); 391.85; 391.87; 391.89; 391.95 to 
391.123; and part 391, appendix D, are incorporated by reference.
    Subd. 5.  [CONTROLLED SUBSTANCES TESTING; FEDERAL 
REGULATIONS ADOPTED.] Code of Federal Regulations, title 49, 
sections 40.1; 40.3; 40.21, paragraphs (a), (c), and (d); 40.23 
to 40.39; and part 40, appendix A, are incorporated by reference.
    Subd. 6.  [APPLICABILITY OF OTHER TESTING PROGRAMS.] (a) If 
a drug testing program established under this section is limited 
to testing for the controlled substances listed in Code of 
Federal Regulations, title 49, section 40.21, paragraph (a), 
sections 181.950 to 181.957 do not apply.  
    (b) Persons subject to this section may test for drugs, in 
addition to those listed in Code of Federal Regulations, title 
49, section 40.21, paragraph (a), or for alcohol, only in 
accordance with sections 181.950 to 181.957, and rules adopted 
under those sections. 
    Sec. 29.  Minnesota Statutes 1990, section 221.033, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENTS.] Except as provided in 
subdivisions 2 and 3 to 4, no person may transport or have 
transported offer or shipped accept for transportation within 
the state of Minnesota a hazardous material, hazardous 
substance, or hazardous waste except in compliance with United 
States Code, title 49, sections 1801 to 1811 and the provisions 
of Code of Federal Regulations, title 49, sections parts 171 to 
199.  Those provisions apply to transportation in intrastate 
commerce to the same extent they apply to transportation in 
interstate commerce. 
    Sec. 30.  Minnesota Statutes 1990, section 221.033, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXCEPTION EXEMPTION FOR FARMERS.] (a) This 
subdivision applies to persons engaged in intrastate commerce. 
    (b) Farmers or their employees transporting diesel fuel, 
gasoline, agricultural chemicals, or agricultural fertilizers 
for use on the transporter's farm are not required to comply 
with the driver qualification rules of the commissioner or with 
the shipping paper requirements of the Code of Federal 
Regulations, title 49, sections 172.200 and 177.817 or with 
section 397.7(B) or 397.9(A) of the Federal Motor Carrier Safety 
Regulations when: 
    (1) transporting diesel fuel or gasoline in motorized tank 
truck vehicles of less than 1,500-gallon capacity owned by the 
transporter, or in tanks securely mounted in other motor 
vehicles with a gross vehicle weight of less than 12,000 10,000 
pounds and owned by the transporter; or 
    (2) transporting agricultural chemicals and agricultural 
fertilizers. 
    (b) Fertilizer and agricultural chemical retailers or their 
employees are exempt from the rule of the commissioner requiring 
that drivers must be at least 21 years of age when: 
    (1) the retailer or its employee is transporting fertilizer 
or agricultural chemicals directly to a farm for on-farm use 
within a radius of 50 miles of the retailer's business location; 
and 
    (2) the driver employed by the retailer is at least 18 
years of age. 
    Fertilizer and agricultural chemical retailers or their 
employees are also exempt, during the period from April 1, 1991, 
to June 1, 1991, from the commissioner's rules governing maximum 
hours of service of drivers, when transporting fertilizer or 
agricultural chemicals directly to a farm for on-farm use within 
a radius of 50 miles of the retailer's business location. 
    Sec. 31.  Minnesota Statutes 1990, section 221.033, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [AGRICULTURALLY RELATED EXEMPTION.] (a) This 
subdivision applies to persons engaged in intrastate commerce. 
    (b) Fertilizer and agricultural chemical retailers or their 
employees are exempt from the rule of the commissioner requiring 
that drivers must be at least 21 years of age when: 
    (1) the retailer or its employee is transporting fertilizer 
or agricultural chemicals directly to a farm for on-farm use 
within a radius of 50 miles of the retailer's business location; 
and 
    (2) the driver employed by the retailer is at least 18 
years of age. 
    (c) A fertilizer or agricultural chemical retailer, or a 
driver employed by a fertilizer or agricultural chemical 
retailer, is exempt from the rule of the commissioner adopting 
Code of Federal Regulations, title 49, section 395.3, paragraph 
(b), relating to hours of service of drivers, and section 395.8, 
requiring a driver's record of duty status, while exclusively 
engaged in the transportation of fertilizer or agricultural 
chemicals between April 1 and July 1 of each year when: 
    (1) the transportation is from the retailer's place of 
business directly to a farm within a 50-mile radius of the 
retailer's place of business; 
    (2) the fertilizer or agricultural chemicals are for use on 
the farm to which they are transported; and 
    (3) the employer maintains a daily record for each driver 
showing the time a driver reports for duty, the total number of 
hours a driver is on duty, and the time a driver is released 
from duty. 
    Sec. 32.  Minnesota Statutes 1990, section 221.033, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [CARGO TANKS.] The leakage test requirement in 
Code of Federal Regulations, title 49, section 180.407, 
paragraph (h), does not apply to cargo tanks of up to 3,000 
gallons capacity that transport gasoline in intrastate commerce. 
    Sec. 33.  Minnesota Statutes 1990, section 221.034, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NOTICE REQUIRED.] At the earliest 
practicable moment, each person who transports hazardous 
materials, including hazardous wastes, shall give notice in 
accordance with subdivision 2 after each incident that occurs 
during the course of transportation including loading, 
unloading, and temporary storage, in which as a direct result of 
hazardous materials:  
    (1) a person is killed; 
    (2) a person receives injuries requiring hospitalization; 
    (3) estimated carrier or other property damage exceeds 
$50,000; 
    (4) an evacuation of the general public occurs lasting one 
or more hours; 
    (5) one or more major transportation arteries or facilities 
are closed or shut down for one hour or more; 
    (6) the operational flight pattern or routine of an 
aircraft is altered; 
    (7) fire, breakage, spillage, or suspected radioactive 
contamination occurs involving shipment of radioactive material; 
    (5) (8) fire, breakage, spillage, or suspected 
contamination occurs involving shipment of etiologic agents; or 
    (6) (9) a situation exists of such a nature that, in the 
judgment of the carrier, it should be reported in accordance 
with subdivision 2 even though it does not meet the criteria of 
subdivision 1, clause (1), (2), or (3), but a continuing danger 
to life exists at the scene of the incident.  
    Sec. 34.  Minnesota Statutes 1990, section 221.034, 
subdivision 3, is amended to read: 
    Subd. 3.  [TIME LIMIT.] Each carrier who transports 
hazardous materials shall report in writing in duplicate on a 
form prescribed by the commissioner within 15 30 days of the 
date of discovery, each incident that occurs during the course 
of transportation, including loading, unloading, or temporary 
storage, in which, as a direct result of the hazardous 
materials, any of the circumstances set forth in subdivision 1 
occurs or there has been an unintentional release of hazardous 
materials from a package, including a tank, or any quantity of 
hazardous waste has been discharged during transportation.  
    Sec. 35.  Minnesota Statutes 1990, section 221.035, 
subdivision 1, is amended to read: 
    Subdivision 1.  [LICENSE REQUIREMENT.] (a) A person may not 
transport hazardous waste that is required to have a manifest 
under Minnesota Rules, part 7045.0261, or is required to have 
shipping papers under Minnesota Rules, part 7045.0125, without a 
license issued under this section. 
    (b) If the applicant complies with the requirements of this 
section, the commissioner shall issue the license and shall 
issue a vehicle identification decal for each single unit 
vehicle or trailer that the licensee will use to transport 
hazardous waste.  The applicant shall pay a fee of $500 for a 
three-year license and an annual fee of $25 for each vehicle 
identification decal.  The license must be maintained at the 
licensee's principal place of business.  The name and address of 
the licensee must be displayed on both sides of each unit of the 
vehicle.  The vehicle identification decal must be displayed on 
the single unit vehicle or trailer to which it is assigned, as 
prescribed by the commissioner, unless the vehicle carries a 
trip permit under subdivision 1a.  The decal is effective only 
when the license is effective.  The license must be renewed in 
the third year following the date of the issuance of the 
license.  The licensee must obtain new decals each year.  The 
license may not be transferred to another person.  All decals 
issued during the year expire each year on the anniversary date 
of the issuance of the license.  
     (c) An applicant for a license under this section, who is 
not otherwise subject to section 221.141, shall file a 
certificate of insurance with the commissioner as provided in 
section 221.141.  The certificate must state that the insurer 
has issued to the applicant a policy that by endorsement 
provides public liability insurance in the amount required by 
Code of Federal Regulations, title 49, part 387. 
    (d) The commissioner may not issue a license to an 
applicant or renew a license if the commissioner determines the 
applicant's record of violations of federal and state motor 
carrier safety and hazardous material, hazardous waste, and 
hazardous substance requirements meets the standard for 
suspension or revocation of a license under subdivision 3 or if 
the applicant has an unsatisfactory or conditional safety rating 
from the United States Department of Transportation. 
    (e) Before issuing or renewing a license, the commissioner 
shall conduct a criminal record check of an applicant.  If the 
applicant is a corporation, the commissioner may conduct a 
criminal record check of the applicant's owners, officers, or 
controlling agents.  The commissioner may also conduct a 
criminal record check at any time while a person is licensed 
under this section.  The criminal record check must consist of 
an examination of the state criminal records repository for 
violations of federal and state motor carrier safety and 
hazardous material, hazardous waste, and hazardous substance 
statutes, regulations, or rules.  The bureau of criminal 
apprehension shall provide the commissioner, upon request, 
conviction information it has about an applicant.  The 
conviction information must include convictions for violations 
of section 609.671 and, when available, similar statutes or 
rules of other states.  An applicant's failure to cooperate with 
the commissioner in conducting a criminal record check is 
reasonable cause to deny an application or revoke a license.  
The commissioner may not release the results of a criminal 
record check to any person except the applicant. 
    Sec. 36.  Minnesota Statutes 1990, section 221.035, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [TRIP PERMIT REQUIREMENTS; FEE.] A hazardous 
waste trip permit valid for ten days from the date of issue may 
be issued to a person licensed under subdivision 1 who also 
complies with section 221.141.  The fee for a trip permit is $10.
    Sec. 37.  Minnesota Statutes 1990, section 221.035, 
subdivision 2, is amended to read: 
    Subd. 2.  [OPERATION REQUIREMENTS.] A vehicle operated 
under a license issued under this section must be operated in 
compliance with the rules of the commissioner adopted under this 
chapter governing:  driver qualifications; safety of safe 
operation of vehicles; equipment, parts, and accessories; 
inspection, repair, and maintenance; and maximum hours of 
service of drivers. 
    Sec. 38.  [221.037] [HAZARDOUS MATERIALS; INFORMATION, 
INSPECTION.] 
    Subdivision 1.  [REQUIRED TO PROVIDE INFORMATION.] A person 
who generates, stores, treats, transports, disposes of, or 
otherwise handles or has handled hazardous materials, hazardous 
substances, or hazardous waste shall (1) give to transportation 
representatives and hazardous material specialists of the 
department information relating to the materials, substances, or 
waste, or (2) permit them access to and copying of records 
relating to the materials, substances, or waste, or both. 
    Subd. 2.  [AUTHORITY TO INSPECT.] Transportation 
representatives and hazardous material specialists of the 
department have the authority to enter, at a reasonable time and 
place, any vehicle, cargo tank, or other container used to 
transport hazardous materials, hazardous substances, or 
hazardous waste and any treatment, storage, or disposal facility 
or other place where the materials, substances, or waste are or 
have been generated, stored, treated, disposed of, or 
transported from.  They may inspect the vehicle, cargo tank, or 
container and obtain from any person samples of the materials, 
substances, or waste and samples of the containers or labeling 
of the materials, substances, or waste for enforcing sections 
221.033 to 221.036 or rules adopted under those sections.  The 
authority granted under this subdivision includes the right to 
break and replace seals. 
     Sec. 39.  Minnesota Statutes 1991 Supplement, section 
221.091, is amended to read: 
    221.091 [LIMITATIONS.] 
    No provision in sections 221.011 to 221.291 and 221.84 to 
221.85 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 221.84 to 221.85 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 those sections 221.011 to 221.291 and 221.84, or the 
general police power of any such city over its highways; nor 
shall sections 221.011 to 221.291 and 221.84 to 221.85 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 221.84 or 221.85. 
    Sec. 40.  Minnesota Statutes 1990, section 221.121, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PERMIT CARRIERS.] A person desiring to 
operate as a permit carrier, except as a livestock carrier, or a 
local cartage carrier shall file a petition with the 
commissioner specifying the kind of permit desired, the name and 
address of the petitioner and the names and addresses of the 
officers, if a corporation, and other information as the board 
and commissioner may require.  Letters of shipper support must 
be filed with the petition.  No person shall knowingly make a 
false or misleading statement in a petition.  The board, after 
notice to interested parties and a hearing, shall issue the 
permit upon compliance with the laws and rules relating to it, 
if it finds that petitioner is fit and able to conduct the 
proposed operations, that petitioner's vehicles meet the safety 
standards established by the department, that the area to be 
served has a need for the transportation services requested in 
the petition, and that existing permit and certificated carriers 
in the area to be served have failed to demonstrate that they 
offer sufficient transportation services to meet fully and 
adequately those needs, provided that no person who holds a 
permit at the time sections 221.011 to 221.291 take effect may 
be denied a renewal of the permit upon compliance with other 
provisions of sections 221.011 to 221.291.  A permit once 
granted continues in full force and effect until abandoned or 
unless suspended or revoked, subject to compliance by the permit 
holder with the applicable provisions of law and the rules of 
the commissioner or board governing permit carriers.  No permit 
may be issued to a common carrier by rail permitting the common 
carrier to operate trucks for hire within this state, nor may a 
common carrier by rail be permitted to own, lease, operate, 
control, or have an interest in a permit carrier by truck, 
either by stock ownership or otherwise, directly, indirectly, 
through a holding company, or by stockholders or directors in 
common, or in any other manner.  Nothing in sections 221.011 to 
221.291 prevents the board from issuing a permit to a common 
carrier by rail authorizing the carrier to operate trucks wholly 
within the limits of a municipality or within adjacent or 
contiguous municipalities or a common rate point served by the 
railroad and only as a service supplementary to the rail service 
now established by the carriers. 
    Sec. 41.  Minnesota Statutes 1990, section 221.121, 
subdivision 7, is amended to read: 
    Subd. 7.  [FEES.] The permit holder petitioner shall pay a 
fee of $150 into the treasury of the state of Minnesota for each 
kind of permit or extension of authority for which a petition is 
filed under this section.  
    Sec. 42.  Minnesota Statutes 1990, section 221.131, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PERMIT RENEWAL.] Permits issued under 
section 221.121 are effective for a 12-month period.  Each A 
permit must be renewed holder shall renew the permit annually 
and each by registration of the vehicles operated under 
authority of that permit as required by subdivision 2.  A permit 
holder shall have has one annual renewal date encompassing all 
of the permits held by the holder.  
    Sec. 43.  Minnesota Statutes 1990, section 221.131, 
subdivision 2, is amended to read: 
    Subd. 2.  [PERMIT CARRIERS; ANNUAL VEHICLE REGISTRATION.] 
(a) The permit holder shall pay an annual registration fee of 
$20 on each vehicle, including pickup and delivery vehicles, 
operated by the holder under authority of the permit during the 
12-month period or fraction of the 12-month period.  Trailers 
and semitrailers used by a permit holder in combination with 
power units may not be counted as vehicles in the computation of 
fees under this section if the permit holder pays the fees for 
power units. 
    (b) The commissioner shall furnish a distinguishing annual 
identification card for each vehicle or power unit for which a 
fee has been paid.  The identification card must at all times be 
carried in the vehicle or power unit to which it has been 
assigned.  An identification card may be reassigned to another 
vehicle or power unit upon application of the permit holder and 
payment of a transfer fee of $10.  An identification card issued 
under the provisions of this section is valid only for the 
period for which the permit is effective. 
    (c) The name and residence of the permit holder must 
be stenciled or otherwise shown identified on the outside of 
both doors power unit of each registered vehicle operated under 
the permit.  Vehicles must show the name or the "doing business 
as" name of the permit holder operating the vehicle and the 
community and abbreviation of the state in which the permit 
holder maintains its principal office or in which the vehicle is 
customarily based.  If the permit holder operates a leased 
vehicle, it may show its name and the name of the lessor on the 
vehicle, if the lease relationship is clearly shown.  If the 
name of a person other than the operating permit holder appears 
on the vehicle, the words "operated by" must immediately precede 
the name of the permit holder.  The name and address must be in 
letters that contrast sharply in color with the background, be 
readily legible during daylight hours from a distance of 50 feet 
while the vehicle is stationary, and be maintained in a manner 
that retains the legibility of the markings.  The name and 
address may be shown by use of a removable device if that device 
meets the identification and legibility requirements of this 
subdivision. 
    (d) A fee of $10 is charged for the replacement of an 
unexpired identification card that has been lost or damaged.  
    Sec. 44.  Minnesota Statutes 1990, section 221.131, 
subdivision 6, is amended to read: 
    Subd. 6.  [COURIER SERVICE CARRIERS; IDENTIFICATION CARDS.] 
The commissioner shall issue distinct annual identification cab 
cards for vehicles that provide courier service under a permit 
issued by the board.  A courier service identification cab card 
may not be issued for a vehicle that has a registered gross 
vehicle weight or gross vehicle weight rating in excess of 
15,000 pounds. 
    Sec. 45.  Minnesota Statutes 1990, section 221.161, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FILING; HEARING UPON BOARD INITIATIVE.] 
Every A permit carrier, including a livestock carrier but not 
including a local cartage carrier, shall file and maintain with 
the commissioner a tariff showing rates and charges for the 
transportation of transporting persons or property.  The filing 
with and acceptance by the commissioner of these tariffs, in 
accordance with the rules relating to the tariffs, constitutes 
notice to the public and interested parties of the contents of 
the tariffs.  Tariffs must be prepared and filed in accordance 
with the rules of the commissioner.  When tariffs are filed in 
accordance with the rules and accepted by the commissioner, the 
filing constitutes notice to the public and interested parties 
of the contents of the tariffs.  The commissioner shall not 
accept for filing tariffs which that are unjust and, 
unreasonable or, unjustly discriminatory or, unduly preferential 
or prejudicial, or otherwise in violation of the provisions of 
this section or rules adopted under this section.  If the 
tariffs appear to be unjust or, unreasonable or, unjustly 
discriminatory or, unduly preferential or prejudicial, or 
otherwise in violation of this section, the board or rules 
adopted under this section, after notification and investigation 
by the department, the board may suspend and postpone the 
effective date of the tariffs and assign the tariffs for hearing 
upon notice to the permit carrier filing the proposed tariffs 
and to other interested parties, including users of the service 
and competitive carriers by motor vehicle and rail.  At the 
hearing, the burden of proof is on the permit carrier filing the 
proposed tariff to sustain the validity of the proposed schedule 
of rates and charges.  Tariffs for the transportation 
of transporting livestock are not subject to rejection, 
suspension, or postponement by the board, except as provided in 
subdivisions 2 and 3.  The tariffs and subsequent supplements to 
them or reissues of them must state the effective date, which 
may not be less than ten days following the date of filing, 
unless the period of time is reduced by special permission of 
the commissioner. 
    Sec. 46.  Minnesota Statutes 1990, section 221.60, 
subdivision 2, is amended to read: 
    Subd. 2.  [FORM AND FEES.] A motor carrier engaged in 
interstate commerce shall register its interstate transportation 
authority or exemption before February 1 of each year on a form 
prescribed by the commissioner.  The fee for the initial 
registration is $25.  The fee for each identification stamp is 
$5; however, a lesser fee may be collected pursuant to a 
reciprocal agreement authorized by section 221.65.  In addition 
to the fees required by this subdivision, a motor carrier shall 
pay a service charge of 45 cents for each stamp or card issued. 
    Sec. 47.  Minnesota Statutes 1990, section 221.605, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FEDERAL REGULATIONS.] (a) Interstate 
carriers and private carriers engaged in interstate commerce 
shall comply with the federal motor carrier safety regulations, 
Code of Federal Regulations, title 49, parts 390 to 398,; with 
Code of Federal Regulations, title 49, part 40; and with the 
rules of the commissioner concerning inspections, vehicle and 
driver out-of-service restrictions and requirements, and 
vehicle, driver, and equipment checklists.  For purposes of 
regulating commercial motor vehicles as defined in section 
169.781, subdivision 1, the exemption provided in Code of 
Federal Regulations, title 49, section 396.11, paragraph (d), 
applies in Minnesota only to driveaway-towaway operations. 
    (b) An interstate carrier or private carrier engaged in 
interstate commerce who complies with federal regulations 
governing testing for controlled substances is exempt from the 
requirements of sections 181.950 to 181.957 unless the carrier's 
drug testing program provides for testing for controlled 
substances in addition to those listed in Code of Federal 
Regulations, title 49, section 40.21, paragraph (a), or for 
alcohol.  Persons subject to this section may test for drugs, in 
addition to those listed in Code of Federal Regulations, title 
49, section 40.21, paragraph (a), or for alcohol, only in 
accordance with sections 181.950 to 181.957 and rules adopted 
under those sections. 
    Sec. 48.  Minnesota Statutes 1990, section 221.81, 
subdivision 2, is amended to read: 
    Subd. 2.  [LICENSE.] No person may operate as a building 
mover in this state unless licensed by the commissioner.  The 
commissioner may inspect a building mover's vehicles or records 
to determine compliance with this section. 
    Sec. 49.  Minnesota Statutes 1990, section 221.81, is 
amended by adding a subdivision to read: 
    Subd. 3d.  [IDENTIFICATION.] (a) A building mover's name 
and address must be displayed on the power unit of a vehicle 
used to move buildings and on buildings being moved. 
    (b) Vehicles and buildings must show the name or "doing 
business as" name of the license holder operating the vehicle 
and the community and abbreviation of the state in which the 
license holder maintains its principal office or in which the 
vehicle is customarily based.  If the building mover operates a 
leased vehicle, it may show its name and the name of the lessor 
on the vehicle, if the lease relationship is clearly shown.  If 
the name of a person other than the building mover appears on 
the vehicle, the words "operated by" must immediately precede 
the name of the building mover. 
    (c) The name and address must be in letters that contrast 
sharply in color with the background, be readily legible during 
daylight hours from a distance of 50 feet while the vehicle or 
building is stationary, and be maintained in a manner that 
retains the legibility of the markings.  The name and address 
may be shown by use of a removable device if that device meets 
the identification and legibility requirements of this 
subdivision. 
    Sec. 50.  Minnesota Statutes 1990, section 221.81, is 
amended by adding a subdivision to read: 
    Subd. 3e.  [SAFETY RULES.] (a) A building mover must comply 
with the rules of the commissioner for safe operation of 
vehicles; equipment, parts, and accessories, except as provided 
in paragraph (b); inspection, repair, and maintenance; accident 
reporting; and, on and after August 1, 1994, driver 
qualifications. 
    (b) A towed vehicle, other than a full trailer, pole 
trailer, or semitrailer, as those terms are defined in Code of 
Federal Regulations, title 49, section 390.5, used by a building 
mover to move a building on a highway is not required to comply 
with rules of the commissioner for equipment, parts, and 
accessories. 
    Sec. 51.  Minnesota Statutes 1990, section 221.81, 
subdivision 4, is amended to read: 
    Subd. 4.  [LICENSE REVOCATION, SUSPENSION, DENIAL.] The 
commissioner, after notice and a hearing, may revoke, suspend, 
or deny a license for: 
    (a) failure of the applicant or license holder to reimburse 
the road authority for damage to public highways, roads, 
streets, or utilities which that are not paid for by the license 
holders holder's insurer; 
   (b) conduct of the applicant or license holders holder that 
endangers the health and safety of users of the public highways, 
roads, streets, or utilities; 
    (c) conduct of the applicant or license holder that 
obstructs traffic in a manner other than as authorized in the 
permit; 
    (d) violation of the provisions of this section; or 
    (e) failure to obtain or comply with required local moving 
permits or permits required by section 169.86; 
    (f) placing or leaving a building on property without the 
permission of the owner of the property or in violation of local 
ordinances; or 
    (g) abandoning a building after it is first moved under the 
road permit.  For purposes of this subdivision, "abandon" means 
conduct that shows that a building mover has failed to use 
reasonable diligence in moving a building to the location 
described in the road permit. 
     Sec. 52.  Minnesota Statutes 1991 Supplement, section 
221.84, subdivision 2, is amended to read: 
    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. 
    Sec. 53.  [221.85] [PERSONAL TRANSPORTATION SERVICE.] 
    Subdivision 1.  [PERMIT REQUIRED; RULES.] No person may 
provide personal transportation service for hire without having 
obtained a personal transportation service permit from the 
commissioner.  The commissioner shall adopt rules governing the 
issuance of permits and furnishing of personal transportation 
service.  The rules must provide for: 
    (1) annual inspections of vehicles; 
    (2) driver qualifications including requiring a criminal 
history check of drivers; 
    (3) insurance requirements; 
    (4) advertising regulations, including requiring a copy of 
the permit to be carried in the personal transportation service 
vehicle and the use of the words "licensed and insured"; 
    (5) agreements with political subdivisions for sharing 
enforcement costs with the state; 
    (6) issuance of temporary permits and fees therefor; and 
    (7) other requirements the commissioner deems necessary to 
carry out the purposes of this section. 
    Subd. 2.  [PENALTIES.] The commissioner may issue an order 
requiring violations of law, rules, and local ordinances that 
govern the operation of personal transportation service vehicles 
to be corrected and assessing monetary penalties of up to 
$1,000.  The commissioner may suspend or revoke a permit for 
violation of applicable law and rules and, on 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. 3.  [PERMITS; DECALS.] (a) The commissioner shall 
design a distinctive decal to be issued to permit holders under 
this section.  A decal is valid for one year from the date of 
issuance.  No person may provide personal transportation service 
in a personal transportation service vehicle that does not 
conspicuously display a decal issued under this subdivision. 
    (b) From August 1, 1992, to June 30, 1993, the fee for each 
decal issued under this section is $150.  On and after July 1, 
1993, the fee for each decal issued under this section is $80.  
The fee for each permit issued under this section is $150.  The 
commissioner shall deposit all fees under this subdivision in 
the trunk highway fund. 
    Sec. 54.  Minnesota Statutes 1991 Supplement, section 
364.09, is amended to read: 
    364.09 [EXCEPTIONS.] 
    (a) This chapter shall does not apply to the practice of 
law enforcement,; to fire protection agencies,; to eligibility 
for a private detective or protective agent license,; to 
eligibility for a family day care license, a family foster care 
license, or a home care provider license,; to eligibility for a 
license issued or renewed by the board of teaching or state 
board of education,; to eligibility for school bus driver 
endorsements,; to eligibility for special transportation service 
endorsements; or to eligibility for juvenile corrections 
employment, where the offense involved child physical or sexual 
abuse or criminal sexual conduct.  
    (b) This chapter does not apply to a school district.  
    (c) Nothing in this section shall be construed to preclude 
precludes the Minnesota police and peace officers training board 
or the state fire marshal from recommending policies set forth 
in this chapter to the attorney general for adoption in the 
attorney general's discretion to apply to law enforcement or 
fire protection agencies.  
     Sec. 55.  [APPROPRIATION.] 
    $24,000 is appropriated to the commissioner of 
transportation from the trunk highway fund for fiscal year 
1993.  This appropriation is for the cost of rules authorized by 
this act. 
     Sec. 56.  [TRANSITION.] 
    A person providing personal transportation service as 
defined in section 17, in a personal transportation service 
vehicle as defined in section 2, on August 1, 1992, may continue 
to provide personal transportation service in the vehicle 
without a permit under section 53, subdivision 1, until the 
effective date of the final rules adopted by the commissioner 
under that subdivision. 
    Sec. 57.  [EFFECTIVE DATE.] 
    Sections 5 and 6 are effective the day following final 
enactment.  Sections 10 and 11 are effective July 1, 1992.  
Section 28 is effective August 1, 1993. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 27, 1992, 2:11 p.m.