Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 213-S.F.No. 902 
           An act relating to motor carriers; defining armored 
          carrier service; requiring any person providing 
          armored carrier service to obtain an armored carrier 
          permit from the transportation regulation board; 
          providing for conversion of existing operating 
          authority; amending Minnesota Statutes 1992, sections 
          221.011, by adding subdivisions; 221.072, subdivision 
          2; 221.111; 221.121, by adding a subdivision; 221.131, 
          by adding a subdivision; 221.141, by adding a 
          subdivision; 221.161, subdivision 1; and 221.185, 
          subdivisions 1, 2 and 4; proposing coding for new law 
          in Minnesota Statutes, chapter 221. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 221.011, is 
amended by adding a subdivision to read: 
    Subd. 44.  [ARMORED CARRIER SERVICE.] "Armored carrier 
service" means transportation of property in armored vehicles 
protected by at least one armed person other than the driver. 
    Sec. 2.  Minnesota Statutes 1992, section 221.011, is 
amended by adding a subdivision to read: 
    Subd. 45.  [ARMORED CARRIER.] "Armored carrier" is a motor 
carrier engaged in providing armored carrier service. 
    Sec. 3.  Minnesota Statutes 1992, section 221.072, 
subdivision 2, is amended to read: 
    Subd. 2.  [EXCEPTIONS.] This section does not apply to any 
carrier listed in section 221.111, clauses (3) to (9) (10). 
    Sec. 4.  Minnesota Statutes 1992, section 221.111, is 
amended to read: 
    221.111 [PERMITS TO OTHER MOTOR CARRIERS.] 
    Motor carriers other than certificated carriers and local 
cartage carriers shall obtain a permit in accordance with 
section 221.121.  The board shall issue only the following kinds 
of permits: 
    (1) class II-T permits; 
    (2) class II-L permits; 
    (3) livestock carrier permits; 
    (4) contract carrier permits; 
    (5) charter carrier permits; 
    (6) courier service carrier permits; 
    (7) local cartage carrier permits; 
    (8) household goods mover permits; and 
    (9) temperature-controlled commodities permits; and 
    (10) armored carrier permits. 
    Sec. 5.  Minnesota Statutes 1992, section 221.121, is 
amended by adding a subdivision to read: 
    Subd. 6g.  [ARMORED CARRIERS.] A person who desires to hold 
out or to operate as an armored carrier must follow the 
procedure established in subdivision 1 and specifically request 
an armored carrier permit.  No permit is required of a private 
carrier shipping its own items of extraordinary value.  The 
board shall issue the permit if it finds that the petitioner 
meets the criteria established in subdivision 1 and has provided 
evidence that: 
    (a) The carriers' personnel, security, and insurance 
standards and procedures render it fit and able to protect the 
property the petitioner will transport under the permit. 
    (b) The carrier has obtained a protective agent's or 
private detective's license under sections 326.338 and 326.3381, 
subdivision 1, and holds the license in good standing. 
    Sec. 6.  Minnesota Statutes 1992, section 221.131, is 
amended by adding a subdivision to read: 
    Subd. 7.  [ARMORED CARRIERS.] The commissioner shall issue 
distinct annual identification cards for vehicles that provide 
armored carrier service under a permit issued by the board.  No 
card may be issued unless the armored carrier submits evidence 
that it holds in good standing a protective agent's or private 
detective's license under sections 326.338 and 326.3381, 
subdivision 1. 
    Sec. 7.  Minnesota Statutes 1992, section 221.141, is 
amended by adding a subdivision to read: 
    Subd. 6.  [ARMORED CARRIERS.] An armored carrier must 
maintain in effect cargo insurance, cargo bond, or moneys and 
securities insurance coverage in a minimum amount of $300,000 
per incident and must file, or its insurer must file, with the 
commissioner a cargo certificate of insurance, cargo bond, or 
certificate of moneys and securities coverage.  A cargo 
certificate of insurance must conform to Form H, Uniform Motor 
Cargo Certificate of Insurance, described in Code of Federal 
Regulations, title 49, part 1023.  A cargo bond must conform to 
Form J described in Code of Federal Regulations, title 49, part 
1023.  A certificate of moneys and securities coverage must 
conform to either Form H or Form J with such variances as the 
commissioner may allow to accommodate industry practice.  Form H 
and Form J are incorporated by reference.  The cargo certificate 
of insurance, cargo bond, or certificate of moneys and 
securities coverage must be issued in the full and correct name 
of the person, corporation, or partnership to whom the armored 
carrier permit was issued and whose operations are being insured.
    Sec. 8.  [221.153] [ARMORED CARRIERS; CONVERSION OF 
OPERATING AUTHORITY.] 
    Subdivision 1.  [EXPIRATION OF OPERATING AUTHORITY.] All 
operating authority under certificates or permits granted by the 
board that authorizes armored carrier service expires on March 
1, 1994.  After February 28, 1994, no person may provide armored 
carrier service unless the person holds a valid armored carrier 
permit issued by the board.  This subdivision does not require 
the expiration of any operating authority other than authority 
for armored carrier service.  This subdivision does not limit 
the right of carriers to transport items of exceptional value in 
nonarmored vehicles that are not protected by at least one armed 
person exclusive of the driver. 
    Subd. 2.  [CONVERSION.] A motor carrier holding operating 
authority that expires on March 1, 1994, under subdivision 1 who 
wishes to continue providing the service authorized by that 
operating authority must convert that operating authority into 
an armored carrier permit before that date. 
    Subd. 3.  [ISSUANCE OF NEW PERMITS.] (a) By November 1, 
1993, a motor carrier described in subdivision 2 must submit to 
the commissioner an application for conversion.  The application 
must be on a form prescribed by the commissioner and must be 
accompanied by an application fee of $50.  The application must 
state:  (1) the name and address of the applicant; (2) the 
identifying number of all certificates or permits that grant the 
operating authority the applicant wishes to convert; (3) 
evidence of armored carrier service that the motor carrier has 
actually and lawfully performed under a certificate or permit 
within the two years prior to the effective date of this 
section; and (4) evidence of a protective agent's or private 
detective's license in good standing under section 221.121, 
subdivision 6g, paragraph (b). 
    (b) The commissioner shall transmit to the board all 
applications that meet the requirements of paragraph (a).  The 
board shall develop an expedited process for hearing and ruling 
on applications submitted under this subdivision.  Within 60 
days after receiving an application under this subdivision, the 
board shall issue an order approving or denying the issuance of 
an armored carrier permit.  The board shall issue the permit 
requested in the application if it finds that the issuance is 
authorized under this section.  An application submitted to the 
commissioner under this subdivision by November 1, 1993, is 
deemed approved by the board unless by January 1, 1994, the 
board has issued an order denying the application. 
    (c) A motor carrier whose actual and lawful provision of 
armored carrier service has within the two years immediately 
prior to the effective date of this section been limited 
exclusively to service to and from points within the local 
cartage zone shall only be issued an armored carrier permit that 
authorizes service as an armored carrier to and from points 
within that zone.  A motor carrier whose actual and lawful 
provision of armored carrier service has within the two years 
immediately prior to the effective date of this section been 
limited exclusively to service to and from points outside the 
local cartage zone shall be issued only an armored carrier 
permit that authorizes service as an armored carrier to and from 
points outside that zone.  A motor carrier whose actual and 
lawful provision of armored carrier service has within the two 
years immediately prior to the effective date of this section 
included service to and from points within and outside the local 
cartage zone shall be issued an armored carrier permit that 
authorizes armored carrier service to and from points anywhere 
in the state. 
    Sec. 9.  Minnesota Statutes 1992, section 221.161, 
subdivision 1, is amended to read: 
    Subdivision 1.  [FILING; HEARING UPON BOARD INITIATIVE.] 
(a) Except as provided in paragraph (b), 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 transporting persons or property.  
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 that are unjust, unreasonable, unjustly 
discriminatory, unduly preferential or prejudicial, or otherwise 
in violation of this section or rules adopted under this 
section.  If the tariffs appear to be unjust, unreasonable, 
unjustly discriminatory, unduly preferential or prejudicial, or 
otherwise in violation of this section 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 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. 
    (b) A holder of an armored carrier permit is not required 
to file a tariff under this subdivision for the service 
authorized by the armored carrier permit. 
    Sec. 10.  Minnesota Statutes 1992, section 221.185, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROUNDS FOR SUSPENSION.] Despite the 
provisions of section 221.021, authority to operate as a motor 
carrier under sections 221.011 to 221.296 is suspended without a 
hearing, by order of the commissioner, for a period not to 
exceed 45 days upon the occurrence of any of the following and 
upon notice of suspension as provided in subdivision 2:  
    (a) the motor carrier fails to maintain and file with the 
commissioner, the insurance or bond required by sections 221.141 
and 221.296 and rules of the commissioner; 
    (b) the motor carrier fails to renew permits as required by 
section 221.131; or 
    (c) the motor carrier fails to pay annual vehicle 
registration fees or renew permits as required by sections 
221.071, 221.131, and 221.296; or 
    (d) the motor carrier fails to maintain in good standing a 
protective agent's or private detective's license required under 
section 221.121, subdivision 6g, paragraph (b), or section 
221.153, subdivision 3. 
    Sec. 11.  Minnesota Statutes 1992, section 221.185, 
subdivision 2, is amended to read: 
    Subd. 2.  [NOTICE OF SUSPENSION.] (a) Failure to file and 
maintain insurance, renew permits under section 221.131, or to 
pay annual vehicle registration fees or renew permits under 
section 221.071, 221.131, or 221.296, or to maintain in good 
standing a protective agent's or private detective's license 
required under section 221.121, subdivision 6g, or 221.153, 
subdivision 3, suspends a motor carrier's permit or certificate 
two days after the commissioner sends notice of the suspension 
by certified mail, return receipt requested, to the last known 
address of the motor carrier.  
    (b) In order to avoid permanent cancellation of the permit 
or certificate, the motor carrier must do one of the following 
within 45 days from the date of suspension:  
    (1) comply with the law by filing insurance or bond, 
renewing permits, or paying vehicle registration fees; or 
    (2) request a hearing before the board regarding the 
failure to comply with the law. 
    Sec. 12.  Minnesota Statutes 1992, section 221.185, 
subdivision 4, is amended to read: 
    Subd. 4.  [FAILURE TO COMPLY.] Except as provided in 
subdivision 5a, failure to comply with the requirements of 
sections 221.141 and 221.296 relating to bonds and insurance, 
221.131 relating to permit renewal, 221.071, 221.131, or 221.296 
relating to annual vehicle registration or permit 
renewal, 221.121, subdivision 6g, or 221.153, subdivision 3, 
relating to protective agent or private detective licensure, or 
to request a hearing within 45 days of the date of suspension, 
is deemed an abandonment of the motor carrier's permit or 
certificate and the permit or certificate must be canceled by 
the commissioner. 
    Sec. 13.  [NOTICE.] 
    By September 1, 1993, the commissioner of transportation 
shall send a notice by certified mail, return receipt requested, 
to all holders of operating authority that expires March 1, 
1994, under Minnesota Statutes, section 221.153, subdivision 1.  
The notice must summarize the requirements for conversion of the 
operating authority and include an application form for 
conversion. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 13 are effective the day following final 
enactment. 
    Presented to the governor May 12, 1993 
    Signed by the governor May 14, 1993, 10:07 p.m.