Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 603-H.F.No. 2762
An act relating to traffic regulations; regulating use
and operation of Head Start buses; amending Minnesota
Statutes 1992, sections 169.01, subdivision 6, and by
adding a subdivision; 169.28, subdivision 1; 169.441,
subdivision 4, and by adding a subdivision; 169.442,
subdivision 5; 169.443, subdivisions 5 and 6; 169.447;
169.448, subdivisions 1 and 3; 169.451; 169.64,
subdivision 8; 169.781, subdivision 1; 169.87,
subdivision 3; 171.01, by adding a subdivision;
171.3215; 221.011, subdivision 21; and 631.40, by
adding a subdivision; Minnesota Statutes 1993
Supplement, sections 171.321, subdivision 2; 221.025;
and 221.031, subdivision 3b.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 169.01,
subdivision 6, is amended to read:
Subd. 6. [SCHOOL BUS.] "School bus" means a motor vehicle
used to transport pupils to or from a school defined in section
120.101, or to or from school-related activities, by the school
or a school district, or by someone under an agreement with the
school or a school district. A school bus does not include a
motor vehicle transporting children to or from school for which
parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier
authority, or a transit bus providing services as defined in
section 174.22, subdivision 7. A school bus may be type I A,
type B, type C, or type D, type II, or type III as follows:
(a) A "type I school bus" means a school bus of more than
10,000 pounds gross vehicle weight rating, designed for carrying
more than ten persons.
(b) A "type II school bus" is a bus with a gross vehicle
weight rating of 10,000 pounds or less, designed for carrying
more than ten persons. It must be outwardly equipped and
identified as a school bus.
(1) a "type A school bus" is a conversion or body
constructed upon a van-type compact truck or a front-section
vehicle, with a gross vehicle weight rating of 10,000 pounds or
less, designed for carrying more than ten persons;
(2) a "type B school bus" is a conversion or body
constructed and installed upon a van or front-section vehicle
chassis, or stripped chassis, with a gross vehicle weight rating
of more than 10,000 pounds, designed for carrying more than ten
persons. Part of the engine is beneath or behind the windshield
and beside the driver's seat. The entrance door is behind the
front wheels;
(3) a "type C school bus" is a body installed upon a flat
back cowl chassis with a gross vehicle weight rating of more
than 10,000 pounds, designated for carrying more than ten
persons. All of the engine is in front of the windshield and
the entrance door is behind the front wheels;
(4) a "type D school bus" is a body installed upon a
chassis, with the engine mounted in the front, midship or rear,
with a gross vehicle weight rating of more than 10,000 pounds,
designed for carrying more than ten persons. The engine may be
behind the windshield and beside the driver's seat; it may be at
the rear of the bus, behind the rear wheels, or midship between
the front and rear axles. The entrance door is ahead of the
front wheels; and
(c) (5) type III school buses and type III Head Start buses
are restricted to passenger cars, station wagons, vans, and
buses having a maximum manufacturer's rated seating capacity of
ten people, including the driver, and a gross vehicle weight
rating of 10,000 pounds or less. In this subdivision, "gross
vehicle weight rating" means the value specified by the
manufacturer as the loaded weight of a single vehicle. A "type
III school bus" and "type III Head Start bus" must not be
outwardly equipped and identified as a type A, B, C, or D school
bus or type A, B, C, or D Head Start bus.
Sec. 2. Minnesota Statutes 1992, section 169.01, is
amended by adding a subdivision to read:
Subd. 80. [HEAD START BUS.] "Head Start bus" means a motor
vehicle used to transport children and parents to or from a Head
Start facility, or to or from Head Start-related activities, by
the Head Start grantee, or by someone under an agreement with
the Head Start grantee. A Head Start bus does not include a
motor vehicle transporting children or parents to or from a Head
Start facility for which parents or guardians receive direct
compensation from a Head Start grantee, a motor coach operating
under charter carrier authority, or a transit bus providing
services as defined in section 174.22, subdivision 7. A Head
Start bus may be a type A, B, C, or D bus or type III bus, as
described in subdivision 6.
A Head Start bus manufactured after December 31, 1994, must
meet the same standards as a type A, B, C, or D school bus,
except that a Head Start bus is not required to be equipped with
the warning signals required for a school bus under section
169.442, subdivision 1. A Head Start bus must be painted colors
other than national school bus yellow.
Sec. 3. Minnesota Statutes 1992, section 169.28,
subdivision 1, is amended to read:
Subdivision 1. [STOP REQUIRED.] The driver of any motor
vehicle carrying passengers for hire, or of any school bus
whether carrying passengers or not, or of any Head Start bus
whether carrying passengers or not, or of any vehicle carrying
explosive substances or flammable liquids, or liquid gas under
pressure as a cargo or part of a cargo, before crossing at grade
any track or tracks of a railroad, shall stop the vehicle not
less than ten feet from the nearest rail of the railroad and
while so stopped shall listen and look in both directions along
the track for any approaching train, and for signals indicating
the approach of a train, except as hereinafter provided, and
shall not proceed until safe to do so.
A school bus or Head Start bus shall not be flagged across
railroad grade crossings except at those railroad grade
crossings that the local school administrative officer may
designate.
Sec. 4. Minnesota Statutes 1992, section 169.441, is
amended by adding a subdivision to read:
Subd. 2a. [HEAD START BUSES; COLOR; IDENTIFICATION.] (a) A
Head Start bus is exempt from the color requirements of this
chapter.
(b) A type A, B, C, or D Head Start bus must bear on its
front and rear a plainly visible sign containing the words "Head
Start bus" in letters at least eight inches in height.
Sec. 5. Minnesota Statutes 1992, section 169.441,
subdivision 4, is amended to read:
Subd. 4. ["MN" DESIGNATION IN BUS BODY SERIAL NUMBER.]
School bus bodies manufactured after December 31, 1991, and Head
Start bus bodies manufactured after December 31, 1994, and used
on streets and highways in Minnesota must bear the designation
"MN" within the bus body identification number. The "MN"
designation may be made only by the manufacturer and must not be
located on either end of the bus body identification number.
The manufacturer of the school bus body certifies by the "MN"
designation that the bus body has been manufactured to meet the
minimum standards required of school bus bodies and Head Start
bus bodies by law. A school bus body manufactured before
January 1, 1992, that does not bear a current inspection sticker
on July 1, 1992, may not be used on streets and highways in
Minnesota after July 1, 1992, unless its manufacturer
recertifies that the school bus body meets minimum standards
required of school bus bodies by law.
Sec. 6. Minnesota Statutes 1992, section 169.442,
subdivision 5, is amended to read:
Subd. 5. [WHITE STROBE LAMPS ON SCHOOL BUSES.]
Notwithstanding sections 169.55, subdivision 1; 169.57,
subdivision 3, paragraph (b), or other law to the contrary, a
school bus that is subject to and complies with the color and
equipment requirements of subdivision 1 and section 169.441,
subdivision 1, or a Head Start bus that is not a type III bus
defined in section 169.01, subdivision 6, may be equipped with a
360-degree, flashing strobe lamp that emits a white light with a
flash rate of 60 to 120 flashes a minute. The lamp may be used
only as provided in this subdivision.
The strobe lamp must be of a double flash type certified to
the commissioner of public safety by the manufacturer as being
weatherproof and having a minimum effective light output of 200
candelas as measured by the Blondel-Rey formula. The lamp must
be permanently mounted on the longitudinal center line of the
bus roof not less than two feet nor more than seven feet forward
of the rear roof edge. It must operate from a separate switch
containing an indicator lamp to show when the strobe lamp is in
use.
The strobe lamp may be lighted only when atmospheric
conditions or terrain restrict the visibility of school bus
lamps and signals or Head Start bus lamps and signals so as to
require use of the bright strobe lamp to alert motorists to the
presence of the school bus or Head Start bus. A strobe lamp may
not be lighted unless the school bus or Head Start bus is
actually being used as a school bus or Head Start bus.
Sec. 7. Minnesota Statutes 1992, section 169.443,
subdivision 5, is amended to read:
Subd. 5. [MOVING BUS AFTER CHILDREN UNLOADED.] When
children are getting off a school bus or Head Start bus, the
driver shall visually determine that they are a safe distance
from the bus before moving the bus.
Sec. 8. Minnesota Statutes 1992, section 169.443,
subdivision 6, is amended to read:
Subd. 6. [OTHER BUSES.] The driver of a type III school
bus or type III Head Start bus shall load or unload school
children or Head Start passengers only from the right-hand side
of the vehicle, provided that on a one-way street the driver
shall load or unload school children or Head Start passengers
only from the curb side of the vehicle. When loading or
unloading school children or Head Start passengers, the driver
shall activate the vehicle's four-way hazard lights described in
section 169.59, subdivision 4.
Sec. 9. Minnesota Statutes 1992, section 169.447, is
amended to read:
169.447 [SCHOOL BUS AND HEAD START BUS SAFETY.]
Subdivision 1. [PASSENGER SEATING.] (a) The number of
pupils or other authorized passengers transported in a school
bus or Head Start bus must not be more than the number of pupils
or passengers that can be fully seated. Seating capacity must
be adjusted according to each passenger's individual physical
size, but not more than the manufacturers' rated seating
capacity.
(b) No person shall stand in the school bus or Head Start
bus when the bus is in motion.
Subd. 2. [DRIVER SEAT BELTS.] New school buses and Head
Start buses manufactured after December 31, 1994, must be
equipped with driver seat belts and seat belt assemblies of the
type described in section 169.685, subdivision 3. School bus
drivers and Head Start bus drivers must use these seat belts.
Subd. 3. [RECAPPED TIRES.] Recapped tires must not be used
on the front wheels of a school bus.
Subd. 4. [AISLE AND EXIT.] The driver of a school bus or
Head Start bus shall keep the aisle and emergency exit of a
school bus or Head Start bus unobstructed at all times when
children are being transported.
Subd. 5. [TRAILER BEHIND SCHOOL BUS.] A school bus may
pull a trailer, as defined by section 169.01, subdivision 10,
only when traveling to or from cocurricular or extracurricular
activities, as defined in section 123.38.
Subd. 6. [OVERHEAD BOOK RACKS.] Types I A, B, C, and II D
school buses may be equipped with padded, permanent overhead
book racks that do not hang over the center aisle of the bus.
Sec. 10. Minnesota Statutes 1992, section 169.448,
subdivision 1, is amended to read:
Subdivision 1. [RESTRICTIONS ON APPEARANCE; PENALTY.] A
bus that is not used as a school bus may not be operated on a
street or highway unless it is painted a color significantly
different than national school bus glossy yellow or Minnesota
school bus golden orange.
A bus that is not used as a school bus or Head Start bus
may not be operated if it is equipped with school bus or Head
Start bus-related equipment and printing.
A violation of this subdivision is a misdemeanor.
This subdivision does not apply to a school bus owned by or
under contract to a school district operated as a charter or
leased bus.
Sec. 11. Minnesota Statutes 1992, section 169.448,
subdivision 3, is amended to read:
Subd. 3. [HEAD START VEHICLES.] Notwithstanding
subdivision 1, a vehicle used to transport students passengers
under Public Law Number 99-425, the Head Start Act, may be
equipped as a school bus or Head Start bus.
Sec. 12. Minnesota Statutes 1992, section 169.451, is
amended to read:
169.451 [SCHOOL BUS INSPECTION; RULES; PENALTY.]
Subdivision 1. [ANNUAL REQUIREMENT.] The Minnesota state
patrol shall inspect every school bus and every Head Start bus
annually to ascertain whether its construction, design,
equipment, and color comply with all provisions of law.
Subd. 2. [INSPECTION CERTIFICATE.] No person shall drive,
or no owner shall knowingly permit or cause to be driven, any
school bus or Head Start bus unless there is displayed thereon a
certificate issued by the commissioner of public safety stating
that on a certain date, which shall be within 13 months of the
date of operation, a member of the Minnesota state patrol
inspected the bus and found that on the date of inspection the
bus complied with the applicable provisions of state law
relating to construction, design, equipment, and color.
Subd. 3. [RULES OF COMMISSIONER.] (a) The commissioner of
public safety shall provide by rule for the issuance and display
of distinctive inspection certificates.
(b) The commissioner of public safety shall provide by rule
a point system for evaluating the effect on safety operation of
any variance from law detected during school bus inspections
conducted pursuant to subdivision 1.
Subd. 4. [VIOLATIONS; PENALTY.] The state patrol shall
enforce subdivision 2. A violation of subdivision 2 is a
misdemeanor.
Sec. 13. Minnesota Statutes 1992, section 169.64,
subdivision 8, is amended to read:
Subd. 8. [WHITE STROBE LAMPS.] Notwithstanding sections
169.55, subdivision 1, 169.57, subdivision 3, clause (b), or any
other law to the contrary, a vehicle may be equipped with a
360-degree flashing strobe lamp that emits a white light with a
flash rate of 60 to 120 flashes a minute, and the lamp may be
used as provided in this subdivision, if the vehicle is:
(1) a school bus that is subject to and complies with the
color and equipment requirements of sections 169.441,
subdivisions subdivision 1 and 2, and 169.442, subdivision 1, or
a Head Start bus that is not a type III bus as defined in
section 169.01, subdivision 6. The lamp shall be permanently
mounted on the longitudinal center line of the bus roof not less
than five two feet nor more than seven feet forward of the rear
roof edge. It shall operate from a separate switch containing
an indicator lamp to show when the strobe lamp is in use. The
strobe lamp may be lighted only when atmospheric conditions or
terrain restrict the visibility of school bus lamps and
signals or Head Start bus lamps and signals so as to require use
of the bright strobe lamp to alert motorists to the presence of
the school bus or Head Start bus. A strobe lamp may not be
lighted unless the school bus or Head Start bus is actually
being used as a school bus or Head Start bus; or
(2) a road maintenance vehicle owned or under contract to
the department of transportation or a road authority of a
county, home rule or statutory city, or town, but the strobe
lamp may only be operated while the vehicle is actually engaged
in snow removal during daylight hours.
The strobe lamp shall be of a double flash type certified
to the commissioner of public safety by the manufacturer as
being weatherproof and having a minimum effective light output
of 200 candelas as measured by the Blondel-Rey formula.
Sec. 14. Minnesota Statutes 1992, 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 or Head Start 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. 15. Minnesota Statutes 1992, section 169.87,
subdivision 3, is amended to read:
Subd. 3. [SCHOOL BUSES AND HEAD START BUSES.] Weight
restrictions imposed pursuant to subdivisions 1 and 2 do not
apply to a school bus or Head Start bus transporting students,
Head Start children, or Head Start parents when the gross weight
on a single axle of the school bus or Head Start bus does not
exceed 14,000 pounds; provided that, road authorities may
restrict any highway under their jurisdiction to a lesser school
bus axle weight by written order to school boards and Head Start
grantees 24 hours in advance of required compliance with such
reduced axle weight.
Sec. 16. Minnesota Statutes 1992, section 171.01, is
amended by adding a subdivision to read:
Subd. 27. [HEAD START BUS.] "Head Start bus" means a motor
vehicle used to transport children or parents to or from a Head
Start facility, or to or from Head Start-related activities, by
the Head Start grantee, or by someone under an agreement with
the Head Start grantee. A Head Start bus does not include a
motor vehicle transporting children or parents to or from a Head
Start facility for which parents or guardians receive direct
compensation from a Head Start grantee, a motor coach operating
under charter carrier authority, or a transit bus providing
services as defined in section 174.22, subdivision 7.
Sec. 17. Minnesota Statutes 1993 Supplement, section
171.321, subdivision 2, is amended to read:
Subd. 2. [RULES; QUALIFICATIONS AND TRAINING.] (a) The
commissioner of public safety shall prescribe rules governing
the qualifications of individuals to drive school buses physical
qualifications of school bus drivers and tests required to
obtain a school bus endorsement. The rules must provide that an
applicant for a school bus endorsement or renewal is exempt from
the physical qualifications and medical examination required to
operate a school bus upon providing evidence of being medically
examined and certified within the preceding 24 months as
physically qualified to operate a commercial motor vehicle,
pursuant to Code of Federal Regulations, title 49, part 391,
subpart E, or rules of the commissioner of transportation
incorporating those federal regulations.
(b) The commissioner of public safety, in conjunction with
the commissioner of education, shall adopt a training program
for school bus drivers. Adoption of the program is not subject
to chapter 14. The program must provide for initial classroom
and behind-the-wheel training, and annual in-service training.
The program must provide training in defensive driving, human
relations, emergency and accident procedures, vehicle
maintenance, traffic laws, and use of safety equipment. The
program must provide that the training will be conducted by the
contract operator for a school district, the school district,
the commissioner of education, a licensed driver training
school, or by another person or entity approved by both
commissioners.
The commissioner of public safety, in conjunction with the
commissioner of jobs and training, shall adopt a training
program for Head Start bus drivers. Adoption of this program is
not subject to chapter 14. The program must provide for initial
classroom and behind-the-wheel training, and annual in-service
training. The program must provide training in defensive
driving, human relations, emergency and accident procedures,
vehicle maintenance, traffic laws, and use of safety equipment.
The program must provide that the training will be conducted by
the contract operator for a Head Start agency, the Head Start
grantee, a licensed driver training school, or by another person
or entity approved by both commissioners.
Sec. 18. Minnesota Statutes 1992, section 171.3215, is
amended to read:
171.3215 [CANCELING BUS DRIVER'S ENDORSEMENT ENDORSEMENTS
FOR CRIME AGAINST MINOR CERTAIN OFFENSES.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them.
(1) (b) "School bus driver" means a person possessing a
school bus driver's endorsement on a valid Minnesota driver's
license or a person possessing a valid Minnesota driver's
license who drives a vehicle with a seating capacity of ten or
less persons used as a school bus.
(2) "Crime against a minor" means an act committed against
a minor victim that constitutes a violation of section 609.185,
609.19, 609.195, 609.20, 609.205, 609.21, subdivision 1,
609.221, 609.222, 609.223, 609.342, 609.343, 609.344, 609.345,
609.352, or a felony violation of section 609.322, 609.323,
609.324, or 609.377.
(c) "Disqualifying offense" includes any felony offense,
any criminal violation of chapter 152, any violation under
section 609.3451, 609.746, subdivision 1, or 617.23, or a fourth
moving violation within a three-year period.
(d) "Head Start bus driver" means a person possessing a
valid Minnesota driver's license:
(1) with a passenger endorsement, who drives a Head Start
bus;
(2) with a school bus driver's endorsement, who drives a
Head Start bus; or
(3) who drives a vehicle with a seating capacity of ten or
fewer persons used as a Head Start bus.
Subd. 2. [CANCELLATION FOR DISQUALIFYING OFFENSE.] The
commissioner Within 10 ten days of receiving notice under
section 631.40, subdivision 1a, that a school bus driver
has committed a crime against a minor been convicted of a
disqualifying offense, the commissioner shall permanently cancel
the school bus driver's endorsement on the offender's driver's
license. Within ten days of receiving notice under section
631.40, subdivision 1a, that a school bus driver has been
convicted of a gross misdemeanor or a violation of section
169.121 or 169.129, and within ten days of revoking a school bus
driver's license under section 169.123, the commissioner shall
cancel the school bus driver's endorsement on the offender's
driver's license for five years. After five years, cancellation
of a school bus driver's endorsement for a conviction under
section 169.121 or 169.129 shall remain in effect until the
driver provides proof of successful completion of an alcohol or
controlled substance treatment program. Upon canceling the
offender's school bus driver's endorsement, the department
commissioner shall immediately notify the licensed offender of
the cancellation in writing, by depositing in the United States
post office a notice addressed to the licensed offender at the
licensed offender's last known address, with postage prepaid
thereon.
Subd. 2a. [CANCELLATION FOR CRIME AGAINST MINOR.] Within
ten days of receiving notice that a Head Start bus driver has
committed a crime against a minor, the commissioner shall
permanently cancel the passenger endorsement on the offender's
driver's license. Upon canceling the offender's passenger
endorsement, the commissioner shall immediately notify the
licensed offender of the cancellation in writing, by depositing
in the United States post office a notice addressed to the
licensed offender at the licensed offender's last known address,
with postage prepaid thereon. For purposes of this subdivision,
"crime against a minor" means an act committed against a minor
victim that constitutes a violation of section 609.185, 609.19,
609.195, 609.20, 609.205, 609.21, subdivision 1, 609.221,
609.222, 609.223, 609.342, 609.343, 609.344, 609.345, 609.352,
or a felony violation of section 609.322, 609.323, 609.324, or
609.377.
Subd. 3. [BACKGROUND CHECK.] Before issuing or renewing a
driver's license with a school bus driver's endorsement, the
department shall conduct an investigation to determine whether
the applicant has been convicted of committing a crime against a
minor. The department shall not issue a new bus driver's
endorsement and shall not renew an existing bus driver's
endorsement if the applicant has been convicted of committing a
crime against a minor.
Sec. 19. Minnesota Statutes 1992, section 221.011,
subdivision 21, is amended to read:
Subd. 21. [CHARTER CARRIER.] "Charter carrier" means a
person who engages in the business of transporting the public by
motor vehicle under charter. The term "charter carrier" does
not include regular route common carriers of passengers, school
buses or Head Start buses described in section 221.025, clause
(a), or persons providing limousine service described in section
221.84.
Sec. 20. Minnesota Statutes 1993 Supplement, 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 and the transportation of children or parents to
or from a Head Start facility or Head Start activity in a Head
Start 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 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. 21. Minnesota Statutes 1993 Supplement, 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 rules adopted in
section 221.0314 by any other provision of this section, must
comply with the rules for hours of service 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 Head Start bus as defined in section 169.01,
subdivision 80;
(iii) in a commuter van;
(iii) (iv) in an authorized emergency vehicle as defined in
section 169.01, subdivision 5;
(iv) (v) in special transportation service certified by the
commissioner under section 174.30;
(v) (vi) 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) (vii) in a limousine the service of which is licensed
by the commissioner under section 221.84; or
(vii) (viii) 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. 22. Minnesota Statutes 1992, section 631.40, is
amended by adding a subdivision to read:
Subd. 1b. [CRIME AGAINST MINOR.] When a person is
convicted of committing a crime against a minor as defined in
section 171.3215, subdivision 2a, the court shall order that the
presentence investigation include information about whether the
offender is a Head Start bus driver as defined in section
171.3215, subdivision 1, whether the offender possesses a
passenger endorsement on the offender's driver's license, and
for what Head Start agency the offender drives a Head Start
bus. If the offender is a Head Start bus driver or possesses a
Head Start bus driver's passenger endorsement, the court
administrator shall send a certified copy of the conviction to
the department of public safety and to the Head Start agency for
which the offender drives a Head Start bus.
Presented to the governor May 5, 1994
Signed by the governor May 9, 1994, 4:52 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes