Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 93-S.F.No. 1324 
                  An act relating to motor vehicles; requiring 
                  commissioner of public safety to impose commercial 
                  driver's license disqualifications for violations of 
                  an out-of-service order; requiring commissioner of 
                  transportation to impose civil penalties for 
                  violations of an out-of-service order; amending 
                  Minnesota Statutes 1998, section 171.165, by adding a 
                  subdivision; and 221.036, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 171.165, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [VIOLATION OF OUT-OF-SERVICE ORDER.] (a) The 
        commissioner shall disqualify a person from operating a 
        commercial motor vehicle for not less than: 
           (1) 90 days nor more than one year if the operator is 
        convicted of a first violation of an out-of-service order; 
           (2) one year nor more than five years if, during any 
        ten-year period, the operator is convicted of two violations of 
        out-of-service orders in separate incidents; and 
           (3) three years nor more than five years if, during any 
        ten-year period, the operator is convicted of three or more 
        violations of out-of-service orders in separate incidents. 
           (b) The commissioner shall notify the commissioner of 
        transportation of each disqualification under this subdivision. 
           Sec. 2.  Minnesota Statutes 1998, 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 
        221.033, subdivision 2b, or 221.035, and rules adopted under 
        those sections, 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. 
           (d) The commissioner shall assess a penalty of not less 
        than $1,000 against a driver who is convicted of a violation of 
        an out-of-service order.  The commissioner shall assess a 
        penalty of not more than $10,000 against an employer who 
        knowingly allows or requires an employee to operate a commercial 
        motor vehicle in violation of an out-of-service order. 
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective April 1, 2000. 
           Presented to the governor April 20, 1999 
           Signed by the governor April 23, 1999, 11:46 a.m.