Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 117-H.F.No. 969 
           An act relating to transportation; changing 
          requirement for town road account distributions; 
          defining exempt carriers to include certain tow 
          trucks; adopting federal motor carrier safety 
          regulations; allowing small motor carriers to file 
          abbreviated annual reports; providing for registration 
          of interstate motor carriers; defining terms; allowing 
          45-foot buses to be operated in the state; exempting 
          drivers of lightweight vehicles from driver 
          qualification rules; requiring information on shipping 
          documents and other motor carrier records; making 
          technical changes; imposing penalties; amending 
          Minnesota Statutes 1992, sections 162.081, subdivision 
          4; 164.06, subdivision 2; 168.011, subdivision 36; 
          168.1281, subdivision 3; 169.01, subdivision 52; 
          169.81, subdivision 2; 221.011, by adding 
          subdivisions; 221.025; 221.031, subdivisions 1, 2, 2a, 
          2b, 3, 3a, 3b, 3c, 5, and 6; 221.0313, subdivision 1; 
          221.033, subdivisions 2 and 2a; 221.035, subdivision 
          2; 221.036, subdivisions 1 and 3; 221.172; 221.81, 
          subdivision 3e; proposing coding for new law in 
          Minnesota Statutes, chapter 221; repealing Laws 1992, 
          chapters 568, section 1; and 578, section 15. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 162.081, 
subdivision 4, is amended to read: 
    Subd. 4.  [FORMULA FOR DISTRIBUTION TO TOWNS; PURPOSES.] 
Money apportioned to a county from the town road account must be 
distributed to the treasurer of each town within the county, 
according to a distribution formula adopted by the county 
board.  The formula must take into account each town's levy for 
road and bridge purposes, its population and town road mileage, 
and other factors the county board deems advisable in the 
interests of achieving equity among the towns.  Distribution of 
town road funds to each town treasurer must be made by March 1, 
annually, or within 30 days after receipt of payment from the 
commissioner.  Distribution of funds to town treasurers in a 
county which has not adopted a distribution formula under this 
subdivision must be made according to a formula prescribed by 
the commissioner by rule.  A formula adopted by a county board 
or by the commissioner must provide that a town, in order to be 
eligible for distribution of funds from the town road account in 
a calendar year, must have levied for taxes payable in the 
previous year for road and bridge purposes at least 0.04835 
percent of taxable market value.  
    Money distributed to a town under this subdivision may be 
expended by the town only for the construction, reconstruction, 
and gravel maintenance of town roads within the town. 
    Sec. 2.  Minnesota Statutes 1992, section 164.06, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXTINGUISHING INTEREST IN ABANDONED ROAD.] 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 within the last 25 years; 
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. 3.  Minnesota Statutes 1992, section 168.011, 
subdivision 36, is amended 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 34. 
    Sec. 4.  Minnesota Statutes 1992, section 168.1281, 
subdivision 3, is amended to read: 
    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 221.091 221.85 is canceled or no longer provides the 
coverage required by subdivision 2. 
     Sec. 5.  Minnesota Statutes 1992, section 169.01, 
subdivision 52, is amended to read: 
    Subd. 52.  [TOW TRUCK OR TOWING VEHICLE.] "Tow truck" or 
"towing vehicle" means a motor vehicle having a manufacturer's 
gross vehicle weight rating of 8,000 pounds or more, equipped 
with a crane and winch, or an attached device used exclusively 
to transport vehicles, and further equipped to control the 
movement of the towed or transported vehicle. 
    Sec. 6.  Minnesota Statutes 1992, section 169.81, 
subdivision 2, is amended to read: 
    Subd. 2.  [LENGTH OF SINGLE VEHICLE.] (a) No single unit 
motor vehicle, except mobile cranes which may not exceed 48 feet 
and buses which may not exceed 45 feet, unladen or with load may 
exceed a length of 40 feet extreme overall dimensions inclusive 
of front and rear bumpers, except that the governing body of a 
city is authorized by permit to provide for the maximum length 
of a motor vehicle, or combination of motor vehicles, or the 
number of vehicles that may be fastened together, and which may 
be operated upon the streets or highways of a city; provided, 
that the permit may not prescribe a length less than that 
permitted by state law.  A motor vehicle operated in compliance 
with the permit on the streets or highways of the city is not in 
violation of this chapter.  
    (b) No single semitrailer may have an overall length, 
exclusive of non-cargo-carrying accessory equipment, including 
refrigeration units or air compressors, necessary for safe and 
efficient operation mounted or located on the end of the 
semitrailer adjacent to the truck or truck-tractor, in excess of 
48 feet, except that a single semitrailer may have an overall 
length in excess of 48 feet but not greater than 53 feet if the 
distance from the kingpin to the centerline of the rear axle 
group of the semitrailer does not exceed 41 feet.  No single 
trailer may have an overall length inclusive of tow bar assembly 
and exclusive of rear protective bumpers which do not increase 
the overall length by more than six inches, in excess of 45 feet.
For determining compliance with the provisions of this 
subdivision, the length of the semitrailer or trailer must be 
determined separately from the overall length of the combination 
of vehicles.  
     (c) No semitrailer or trailer used in a three-vehicle 
combination may have an overall length in excess of 28-1/2 feet, 
exclusive of: 
     (1) non-cargo-carrying accessory equipment, including 
refrigeration units or air compressors and upper coupler plates, 
necessary for safe and efficient operation, mounted or located 
on the end of the semitrailer or trailer adjacent to the truck 
or truck-tractor; 
     (2) the tow bar assembly; and 
     (3) lower coupler equipment that is a fixed part of the 
rear end of the first trailer.  
      The commissioner may not grant a permit authorizing the 
movement, in a three-vehicle combination, of a semitrailer or 
trailer that exceeds 28-1/2 feet, except that the commissioner 
may renew a permit that was granted before April 16, 1984, for 
the movement of a semitrailer or trailer that exceeds the length 
limitation in this paragraph. 
    Sec. 7.  Minnesota Statutes 1992, section 221.011, is 
amended by adding a subdivision to read: 
     Subd. 42.  [LIGHTWEIGHT VEHICLE.] "Lightweight vehicle" 
means a vehicle with a gross vehicle weight of 10,000 pounds or 
less, but does not include a vehicle transporting passengers for 
hire or a vehicle transporting hazardous materials that must be 
placarded or marked under Code of Federal Regulations, title 49, 
section 177.823. 
    Sec. 8.  Minnesota Statutes 1992, section 221.011, is 
amended by adding a subdivision to read: 
     Subd. 43.  [PETROLEUM TRANSPORT.] "Petroleum transport" 
means a vehicle, trailer, or semitrailer with a tank (1) that is 
mounted on it or made an integral part of it, other than the 
fuel supply tank for the engine of that vehicle, (2) that is 
filled or emptied while on the vehicle, and (3) that is used to 
transport petroleum products in bulk. 
     Sec. 9.  Minnesota Statutes 1992, section 221.025, is 
amended to read: 
    221.025 [EXEMPTIONS.] 
    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 solid waste, as defined in 
section 116.06, subdivision 22, 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 
equipped with proper and legal warning devices when picking up 
and transporting (1) disabled or wrecked motor vehicles and when 
carrying proper and legal warning devices or (2) vehicles towed 
or transported under a towing order issued by a public employee 
authorized to issue a towing order; 
    (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) 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) 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) 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) 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. 10.  Minnesota Statutes 1992, 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; 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 $200,000 
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 abbreviated annual report, in a 
form as may be prescribed by the commissioner, attesting that 
the motor carrier's gross revenues did not exceed 
$50,000 $200,000 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. 11.  Minnesota Statutes 1992, section 221.031, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXEMPTIONS FOR PRIVATE CARRIERS.] This 
subdivision applies to private carriers engaged in intrastate 
commerce. 
    (a) Private carriers operating vehicles with a gross 
vehicle weight of more than 10,000 pounds shall comply with 
rules adopted under this: 
    (1) section 221.0314, subdivisions 2 to 5, for driver 
qualifications; 
    (2) section 221.0314, subdivision 9, for hours of service 
of drivers; safe operation 
    (3) section 221.0314, subdivision 6, for driving of motor 
vehicles; equipment, 
    (4) section 221.0314, subdivision 7, for parts, and 
accessories necessary for safe operation; 
    (5) section 221.0314, subdivision 10, for inspection, 
repair, and maintenance; and 
    (6) this section for 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 before August 1, 1992, 
must comply with those rules on and after August 1, 1994. 
    (b) The rules for hours of service 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) 
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. 
    (c) The rules for driver qualifications and hours of 
service of drivers do not apply to vehicles controlled by a 
farmer and operated by a farmer or farm employee to transport 
agricultural products, 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.  
    (d) The rules for driver qualifications do not apply to a 
driver employed by a private carrier while operating a 
lightweight vehicle. 
    Sec. 12.  Minnesota Statutes 1992, 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; safe operation driving of motor vehicles; and 
equipment, parts, and accessories necessary for safe operation, 
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. 13.  Minnesota Statutes 1992, section 221.031, 
subdivision 2b, is amended to read: 
    Subd. 2b.  [OTHER EXEMPTIONS.] From August 1, 1992, to 
August 1, 1994, the rules of the commissioner for hours of 
service for of 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. 14.  Minnesota Statutes 1992, section 221.031, 
subdivision 3, is amended to read: 
    Subd. 3.  [VEHICLES OVER 10,000 POUNDS NOT EXEMPT.] (a) 
This subdivision applies to persons engaged in intrastate 
commerce who operate vehicles providing transportation described 
in section 221.025 with a gross vehicle weight in excess of 
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 safe operation driving of motor 
vehicles and for equipment, parts, and accessories necessary for 
safe operation. 
    (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 driving of motor 
vehicles; equipment, parts, and accessories necessary for safe 
operation; and, after August 1, 1994, the rules of the 
commissioner for driver qualifications. 
    Sec. 15.  Minnesota Statutes 1992, 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 driving of motor vehicles; 
equipment, parts, and accessories necessary for safe operation; 
hours of service of drivers; inspection, repair, and 
maintenance; and the rules adopted in section 221.0314, 
subdivision 8, for 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. 16.  Minnesota Statutes 1992, section 221.031, 
subdivision 3b, is amended to read: 
    Subd. 3b.  [PASSENGER TRANSPORTATION; EXEMPTIONS.] (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 adopted in section 221.0314 by any 
other provision of this section, must comply with the 
commissioner's rules on maximum for hours of service for of 
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. 17.  Minnesota Statutes 1992, section 221.031, 
subdivision 3c, is amended 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 driving of motor vehicles; equipment, 
parts, and accessories necessary for safe operation; 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 adopted in section 221.0314. 
    Sec. 18.  Minnesota Statutes 1992, section 221.031, 
subdivision 5, is amended to read: 
    Subd. 5.  [DEPARTMENT INVESTIGATES.] The department shall 
investigate the operation of carriers subject to the rules of 
the commissioner under this adopted in section 221.0314, their 
compliance with rules of the department and board and with the 
provisions of chapter 221, and may institute and prosecute 
actions and proceedings in the proper district court for 
enforcement of those rules.  
    Sec. 19.  Minnesota Statutes 1992, 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 with a gross vehicle weight of more than 10,000 pounds 
or more; and 
    (3) vehicles providing transportation described in section 
221.025 with a gross vehicle weight of more than 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 community and 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. 20.  Minnesota Statutes 1992, section 221.0313, 
subdivision 1, is amended to read: 
    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 adopted in section 
221.0314, subdivisions 2 to 5, 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. 
    Sec. 21.  [221.0314] [FEDERAL SAFETY REGULATIONS; 
ADOPTION.] 
    Subdivision 1.  [APPLICABILITY.] (a) Intrastate motor 
carriers, private carriers, and persons providing intrastate 
transportation described in section 221.025, must comply with 
the rules incorporated in this section to the extent required by 
section 221.031.  Every carrier and its officers, agents, 
representatives, and employees responsible for managing, 
maintaining, equipping, operating, or driving motor vehicles, or 
hiring, supervising, training, assigning, or dispatching 
drivers, must be instructed in and comply with the rules 
incorporated in this section and shall require that its agents, 
representatives, drivers, and employees comply. 
    (b) In the rules incorporated in subdivisions 2 to 11: 
     (1) the term "motor carrier" means a carrier required to 
comply with this section by section 221.031; 
     (2) a reference to a federal agency or office means the 
Minnesota department of transportation; and 
     (3) a reference to a federal administrative officer means 
the commissioner of the Minnesota department of transportation. 
     Subd. 2.  [QUALIFICATIONS OF DRIVERS.] Code of Federal 
Regulations, title 49, part 391 and appendixes C, D, and E, are 
incorporated by reference except for sections 391.1; 391.2; 
391.11, paragraph (b)(1); 391.47; 391.49, paragraphs (b) to (1); 
391.51, paragraphs (f) and (g); 391.67; 391.69; 391.71; and 
those sections incorporated in section 221.0313, subdivision 4.  
In addition, the cross references to Code of Federal 
Regulations, title 49, section 391.62, 391.67, or 391.71 or to 
part 391, subpart G, found in Code of Federal Regulations, title 
49, sections 391.11, paragraphs (a) and (b); 391.21, paragraph 
(a); 391.23, paragraph (a); 391.25; 391.27, paragraph (a); 
391.31, paragraph (a); 391.35, paragraph (a); 391.41, paragraph 
(a); and 391.45, are not incorporated by reference. 
    Subd. 3.  [WAIVER FOR PHYSICAL DEFECTS.] A person who is 
not physically qualified to drive under subdivision 2, but who 
meets the other qualifications under subdivision 2, may drive a 
motor vehicle if the commissioner grants a waiver to that 
person.  The commissioner may grant a waiver to a person who is 
not physically qualified to drive under Code of Federal 
Regulations, title 49, section 391.41, paragraph (b)(1) or 
(b)(2), according to rules adopted under section 221.031.  The 
commissioner may grant a waiver to a person who is not 
physically qualified to drive under Code of Federal Regulations, 
title 49, section 391.41, paragraph (b)(3) to (b)(13) for 
medical conditions for which waiver programs have been 
established by the United States Department of Transportation.  
The commissioner shall require the same information and follow 
the same procedure as the United States Department of 
Transportation in granting the waivers. 
    Subd. 4.  [AGE REQUIREMENT FOR DRIVERS.] Drivers of 
vehicles engaged in intrastate transportation and subject to 
subdivision 2 must be at least 18 years of age.  Drivers of 
vehicles subject to section 221.033, must be at least 21 years 
of age, except as provided in that section. 
    Subd. 5.  [LOCATION OF DRIVER QUALIFICATION FILES.] A 
carrier subject to subdivision 2 must keep each driver's 
qualification file at the carrier's principal place of business 
for as long as a driver is employed by that carrier and for 
three years after the driver leaves employment.  Upon written 
request to and with the written approval of the commissioner, a 
carrier may retain driver qualification files at a regional or 
terminal office. 
    Subd. 6.  [DRIVING OF MOTOR VEHICLES.] Code of Federal 
Regulations, title 49, part 392, is incorporated by reference, 
except that sections 392.1, 392.2, and 392.30, paragraph (a), of 
that part, are not incorporated. 
    Subd. 7.  [PARTS AND ACCESSORIES NECESSARY FOR SAFE 
OPERATION.] Code of Federal Regulations, title 49, part 393, is 
incorporated by reference, except that sections 393.1, 393.3, 
and 393.5 of that part are not incorporated.  In addition, 
despite the first paragraph of Code of Federal Regulations, 
title 49, section 393.95, a lightweight vehicle must carry a 
fire extinguisher meeting the requirements in Code of Federal 
Regulations, title 49, section 393.95. 
    Subd. 8.  [ACCIDENTS BY CARRIERS.] The definitions of 
"accident," "disabling damage," and "fatality" in Code of 
Federal Regulations, title 49, sections 390.5 and 390.15, are 
incorporated by reference. 
    Subd. 9.  [HOURS OF SERVICE OF DRIVERS.] Code of Federal 
Regulations, title 49, part 395, is incorporated by reference, 
except that sections 395.3, paragraphs (d) to (f); 395.8, 
paragraphs (k)(2) and (l)(2); and 395.13, of that part are not 
incorporated.  In addition, the cross reference to paragraph (e) 
in Code of Federal Regulations, title 49, section 395.3, 
paragraph (a), is not incorporated by reference.  The 
requirements of Code of Federal Regulations, title 49, sections 
395.3, paragraphs (a) and (b); and 395.8, paragraphs (a) to (k), 
do not apply to lightweight vehicles. 
    Subd. 10.  [INSPECTION, REPAIR, AND MAINTENANCE.] Code of 
Federal Regulations, title 49, part 396, is incorporated by 
reference, except that sections 396.1, 396.9, and 396.17 to 
396.25 of that part are not incorporated. 
    Subd. 11.  [TRANSPORTING HAZARDOUS MATERIALS; DRIVING AND 
PARKING.] A person who transports hazardous materials shall 
comply with this section and rules adopted under section 221.031 
when that person is transporting a hazardous material, hazardous 
waste, or hazardous substance that must be marked or placarded 
in accordance with Code of Federal Regulations, title 49, 
section 172.504, incorporated by reference in section 221.033.  
Code of Federal Regulations, title 49, part 397, is incorporated 
by reference, except that sections 397.1 to 397.3 of that part 
are not incorporated.  A petroleum transport driver shall not 
park on a public street adjacent to a bridge, tunnel, dwelling, 
building, or place where persons work, congregate, or assemble, 
except when necessary to unload. 
    Sec. 22.  Minnesota Statutes 1992, section 221.033, 
subdivision 2, is amended to read: 
    Subd. 2.  [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 rules adopted in section 221.0314, subdivisions 2 to 5, 
for driver qualification rules of the commissioner 
qualifications 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 10,000 pounds 
and owned by the transporter; or 
    (2) transporting agricultural chemicals and agricultural 
fertilizers. 
    Sec. 23.  Minnesota Statutes 1992, section 221.033, 
subdivision 2a, is amended 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 in 
section 221.0314, subdivision 4, 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 
in 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. 24.  Minnesota Statutes 1992, 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 in section 221.0314:  (1) subdivisions 2 to 5 
for driver qualifications; safe operation (2) subdivision 6 for 
driving of motor vehicles; equipment, (3) subdivision 7 for 
parts, and accessories necessary for safe operation; (4) 
subdivision 10 for inspection, repair, and maintenance; and (5) 
subdivision 9 for hours of service of drivers. 
    Sec. 25.  Minnesota Statutes 1992, section 221.036, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ORDERS.] The commissioner may issue an 
order requiring violations to be corrected and administratively 
assessing monetary penalties for a violation of (1) section 
221.021; (2) section 221.041, subdivision 3; (3) section 
221.081; (4) section 221.151; (5) section 221.171; (6) section 
221.141; (7) section 221.035, a material term or condition of a 
license issued under that section; or a rule or order rules of 
the board or commissioner relating to the transportation of 
hazardous waste, motor carrier operations, insurance, or tariffs 
and accounting.  An order must be issued as provided in this 
section. 
    Sec. 26.  Minnesota Statutes 1992, section 221.036, 
subdivision 3, is amended to read: 
    Subd. 3.  [AMOUNT OF PENALTY; CONSIDERATIONS.] (a) The 
commissioner may issue an order assessing a penalty of up to 
$5,000 for all violations of section 221.021; 221.041, 
subdivision 3; 221.081; 221.141; 221.151; or 221.171, or rules 
of the board or commissioner relating to motor carrier 
operations, insurance, or tariffs and accounting, identified 
during a single inspection, audit, or investigation. 
    (b) The commissioner may issue an order assessing a penalty 
up to a maximum of $10,000 for all violations of section 
221.035, and rules adopted under that section, identified during 
a single inspection or audit. 
    (c) In determining the amount of a penalty, the 
commissioner shall consider: 
    (1) the willfulness of the violation; 
    (2) the gravity of the violation, including damage to 
humans, animals, air, water, land, or other natural resources of 
the state; 
    (3) the history of past violations, including the 
similarity of the most recent violation and the violation to be 
penalized, the time elapsed since the last violation, the number 
of previous violations, and the response of the person to the 
most recent violation identified; 
    (4) the economic benefit gained by the person by allowing 
or committing the violation; and 
    (5) other factors as justice may require, if the 
commissioner specifically identifies the additional factors in 
the commissioner's order. 
    Sec. 27.  Minnesota Statutes 1992, section 221.172, is 
amended to read: 
    221.172 [SHIPPING DOCUMENTS.] 
    Subdivision 1.  [HAZARDOUS MATERIAL BILL OF LADING.] A 
person who transports a hazardous material by motor vehicle 
shall conform to the requirements of Code of Federal 
Regulations, title 49, with respect to shipping documents.  
    Subd. 2.  [HAZARDOUS WASTE MANIFEST.] A person who 
transports a hazardous waste by motor vehicle shall carry in the 
vehicle a hazardous waste manifest which conforms to the 
requirements of Minnesota Rules, chapter 7045. 
    Subd. 3.  [CLASS I, CLASS II, AND TEMPERATURE-CONTROLLED 
COMMODITIES CARRIERS; HOUSEHOLD GOODS MOVERS.] A class I 
carrier, class II carrier, household goods mover, and a holder 
of a temperature-controlled commodities permit shall keep a 
record of each shipment transported under a certificate or 
permit.  A record may consist of one or more documents, 
including a bill of lading, freight bill, manifest, delivery 
receipt, or other document.  If it consists of more than one 
document, the documents constituting a shipment record must be 
available for inspection together.  A record must show the: 
    (1) names of the consignor and consignee; 
    (2) date of shipment; 
    (3) origin and destination points; 
    (4) number of packages, if applicable to the rating of the 
freight or if the carrier's operating authority includes a 
package or article restriction, unless the shipment is 
transported by a household goods mover; 
    (5) description of the freight; 
    (6) weight, volume, or measurement of the freight, if 
applicable to the rating of the freight or if the carrier's 
operating authority includes a weight restriction; 
    (7) exact rate or rates assessed; 
    (8) total charges due, including the nature and amount of 
any charges for special service; 
    (9) the name of each carrier participating in the 
transportation; and 
    (10) after January 1, 1994, any terminals through which the 
shipment moved. 
    Subd. 4.  [TRUCKLOAD RECORD.] In addition to the items 
listed in subdivision 3, if the transportation is provided under 
a class II-T permit or is a shipment of truckload freight, a 
record must include the word "truckload" or must prominently 
display the letters "II-T" and must show the name of the driver 
or drivers who transported the shipment, the pickup and delivery 
times, and the license plate number or unit number of the power 
unit and trailer used to transport the shipment. 
    Subd. 5.  [TEMPERATURE-CONTROLLED COMMODITIES CARRIER.] In 
addition to the items listed in subdivision 3, if the 
transportation is provided under a temperature-controlled 
commodities permit, a record must include the words 
"temperature-controlled commodities" or must prominently display 
the letters "TCC" and must indicate the reasons for protecting 
the commodity from heat or cold.  
    Subd. 6.  [COURIER SERVICES CARRIER.] (a) A courier 
services carrier shall keep a record of each shipment 
transported.  A record may consist of one or more documents, 
including a bill of lading, freight bill, manifest, delivery 
receipt, or other document.  If it consists of more than one 
document, the documents constituting a shipment record must be 
available for inspection together.  A record must show the:  
    (1) names of the consignor and consignee; 
    (2) date of shipment; 
    (3) origin and destination points; 
    (4) number of packages; 
    (5) weight, volume, or measurement of the freight, if 
applicable to the rating of the freight; 
     (6) exact rate or rates assessed; and 
     (7) total charges due, including the nature and amount of 
any charges for special service.  
     (b) In addition to the items listed in paragraph (a), if 
the transportation is expedited delivery, a record also must 
show the: 
    (1) license plate number or unit number of the vehicle used 
to transport the shipment; 
    (2) time of the shipper's initial request for service; and 
    (3) pickup and delivery times. 
    (c) In addition to the items listed in paragraph (a), if 
the transportation is overnight small package delivery, a record 
also must show the:  
    (1) license plate number or unit number of the vehicle used 
to transport the shipment at the point of delivery; and 
    (2) weight of each package or article of a shipment. 
     Subd. 7.  [CONTRACT CARRIER.] A contract carrier shall keep 
a record of each shipment transported.  A record may consist of 
one or more documents, including a bill of lading, freight bill, 
manifest, delivery receipt, or other document.  If it consists 
of more than one document, the documents constituting a shipment 
record must be available for inspection together.  A record must 
show the: 
    (1) names of the consignor and consignee; 
    (2) date of shipment; 
    (3) origin and destination points; 
    (4) description of freight; 
    (5) weight, volume, or measurement of the freight, if 
applicable to the rating of the freight or if the contract 
carrier's operating authority includes a weight restriction; 
    (6) exact rate or rates assessed; and 
    (7) total charges due, including the nature and amount of 
any charges for special service. 
    Subd. 8.  [LOCAL CARTAGE CARRIER.] A local cartage carrier 
shall keep a record of each shipment transported.  A record may 
consist of one or more documents, including a bill of lading, 
freight bill, manifest, delivery receipt, or other document.  If 
it consists of more than one document, the documents 
constituting a shipment record must be available for inspection 
together.  A record must show the: 
    (1) date of shipment; 
    (2) origin and destination points; and 
    (3) terminal through which the shipment moved, if any. 
    Subd. 9.  [CHARTER TRANSPORTATION.] A charter carrier and a 
regular route common carrier with incidental charter operating 
authority shall keep a record of each charter it provides under 
a charter carrier permit or a certificate.  A charter record may 
consist of one or more documents.  If it consists of more than 
one document, the documents constituting a charter record must 
be available for inspection together.  A charter record must 
show the: 
    (1) name of the carrier; 
    (2) names of the payor and organization, if any, for which 
the transportation is performed; 
    (3) date or dates the transportation was performed; 
    (4) origin, destination, and general routing of the trip; 
    (5) identification and seating capacity of each vehicle 
requested or used; 
    (6) number of persons transported; 
    (7) mileage upon which charges are based, including any 
deadhead mileage, separately noted; 
    (8) applicable rates per mile, hour, day, or other unit; 
    (9) itemized charges for the transportation, including 
special services and fees; and 
    (10) total charges assessed and collected.  
    A charter carrier must use the same method of computing its 
rates in billing for charter services as that shown in its 
tariff on file with the commissioner. 
    Subd. 10.  [RETAINED THREE YEARS.] A shipping document or 
record described in subdivision subdivisions 2 to 9, or a copy 
of it, must be retained by the carrier for at least three years 
from the date on the shipping document or record.  A carrier may 
keep a shipping record described in subdivisions 3 to 9 by any 
technology that prevents the alteration, modification, or 
erasure of the underlying data and will enable production of an 
accurate and unaltered paper copy.  A carrier shall keep a 
shipping record in a manner that will make it readily accessible 
and shall have a means of identifying and producing a legible 
paper copy for inspection by the commissioner upon request.  
     Sec. 28.  [221.602] [INTERSTATE CARRIER REGISTRATION.] 
    Subdivision 1.  [PROCEDURE; NONEXEMPT CARRIERS.] A motor 
carrier subject to the jurisdiction of the Interstate Commerce 
Commission under United States Code, title 49, chapter 105, 
subchapter II, with its principal place of business in Minnesota 
or that designates Minnesota as its base state, may transport 
persons or property for hire in Minnesota only it if first 
complies with the insurance and registration regulations adopted 
by the Interstate Commerce Commission under United States Code, 
title 49, section 11506.  The registration fee is $5; however, a 
lesser fee may be collected pursuant to a reciprocal agreement 
authorized by section 221.65.  A motor carrier shall pay a 
service charge of 45 cents for each registration receipt issued 
in addition to the fee required by this subdivision.  
     Subd. 2.  [PROCEDURE; EXEMPT CARRIERS.] (a) A motor carrier 
that is exempt from the jurisdiction of the Interstate Commerce 
Commission under the Interstate Commerce Act, United States 
Code, title 49, may transport persons or property for hire in 
interstate commerce in Minnesota only if it first:  
    (1) complies with section 221.141; 
    (2) registers and describes the transportation it performs 
under an exemption contained in the Interstate Commerce Act, 
United States Code, title 49; and 
    (3) pays the fee required in subdivision 1.  
     (b) A motor carrier that complies with subdivision 1 is not 
also required to comply with this subdivision.  
     Subd. 3.  [REGISTRATION PERIOD.] The registration period is 
that provided by the Interstate Commerce Commission in rules 
adopted under United States Code, title 49, section 11506.  
     Subd. 4.  [RECEIPT.] On compliance with subdivision 1 or 2, 
the commissioner shall issue a receipt showing that the motor 
carrier has complied with the regulations applicable to it.  
Proof of registration must be kept in each of the carrier's 
vehicles. 
    Sec. 29.  Minnesota Statutes 1992, section 221.81, 
subdivision 3e, is amended to read: 
    Subd. 3e.  [SAFETY RULES.] (a) A building mover must comply 
with the rules of the commissioner adopted in section 221.0314:  
(1) subdivision 6 for safe operation driving of motor vehicles; 
equipment, (2) subdivision 7 for parts, and 
accessories necessary for the safe operation, except as provided 
in paragraph (b); (3) subdivision 10 for inspection, repair, and 
maintenance; (4) subdivision 8 for accident reporting; and, (5) 
on and after August 1, 1994, subdivisions 2 to 5 for 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 necessary for safe operation. 
    Sec. 30.  [REPEALER.] 
    Laws 1992, chapters 568, section 1; and 578, section 15, 
are repealed. 
    Sec. 31.  [EFFECTIVE DATE.] 
    Sections 7, 8, 10 to 18, 21 to 26, and 28 to 30, are 
effective the day following final enactment. 
    Presented to the governor May 7, 1993 
    Signed by the governor May 10, 1993, 3:08 p.m.