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Minnesota Session Laws - 2004, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 225-H.F.No. 2671
An act relating to motor carriers; modifying
provisions governing motor carriers; making technical
and clarifying changes; amending Minnesota Statutes
2002, sections 221.011, subdivision 6; 221.0269,
subdivision 3; 221.0314, subdivisions 7, 9; 221.033,
subdivision 1; 221.036, subdivisions 1, 3, 12;
221.037, subdivision 2; 221.605, subdivision 1;
299K.07; Minnesota Statutes 2003 Supplement, sections
169.86, subdivision 5; 221.602, subdivision 1;
proposing coding for new law in Minnesota Statutes,
chapter 221; repealing Minnesota Statutes 2002,
sections 221.011, subdivision 2b; 221.033, subdivision
3; 221.034; Minnesota Rules, parts 8860.0100;
8860.0200; 8860.0300; 8860.0400; 8860.0500; 8860.0600;
8860.0700; 8860.0800.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2003 Supplement, section
169.86, subdivision 5, is amended to read:
Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The
commissioner, with respect to highways under the commissioner's
jurisdiction, may charge a fee for each permit issued. All such
fees for permits issued by the commissioner of transportation
shall be deposited in the state treasury and credited to the
trunk highway fund. Except for those annual permits for which
the permit fees are specified elsewhere in this chapter, the
fees shall be:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued
for like loads carried on a specific route for a period not to
exceed two months. "Like loads" means loads of the same
product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:
(1) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;
(2) motor vehicles which travel on interstate highways and
carry loads authorized under subdivision 1a;
(3) motor vehicles operating with gross weights authorized
under section 169.826, subdivision 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding
ten feet in width; and
(6) noncommercial transportation of a boat by the owner or
user of the boat.
(d) $120 for an oversize annual permit to be issued for a
period not to exceed 12 consecutive months. Annual permits may
be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes;
(4) implements of husbandry when the movement is not made
according to the provisions of paragraph (i);
(5) double-deck buses;
(6) commercial boat hauling; and
(7) three-vehicle combinations consisting of two empty,
newly manufactured trailers for cargo, horses, or livestock, not
to exceed 28-1/2 feet per trailer; provided, however, the permit
allows the vehicles to be moved from a trailer manufacturer to a
trailer dealer only while operating on twin-trailer routes
designated under section 169.81, subdivision 3, paragraph (c).
(e) For vehicles which have axle weights exceeding the
weight limitations of sections 169.822 to 169.829, an additional
cost added to the fees listed above. However, this paragraph
applies to any vehicle described in section 168.013, subdivision
3, paragraph (b), but only when the vehicle exceeds its gross
weight allowance set forth in that paragraph, and then the
additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The
additional cost is equal to the product of the distance traveled
times the sum of the overweight axle group cost factors shown in
the following chart:
Overweight Axle Group Cost Factors
Weight (pounds) Cost Per Mile For Each Group Of:
exceeding Two consec- Three consec- Four consec-
weight utive axles utive axles utive axles
limitations spaced within spaced within spaced within
on axles 8 feet or less 9 feet or less 14 feet or less
0-2,000 .12 .05 .04
2,001-4,000 .14 .06 .05
4,001-6,000 .18 .07 .06
6,001-8,000 .21 .09 .07
8,001-10,000 .26 .10 .08
10,001-12,000 .30 .12 .09
12,001-14,000 Not permitted .14 .11
14,001-16,000 Not permitted .17 .12
16,001-18,000 Not permitted .19 .15
18,001-20,000 Not permitted Not permitted .16
20,001-22,000 Not permitted Not permitted .20
The amounts added are rounded to the nearest cent for each axle
or axle group. The additional cost does not apply to paragraph
(c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted
weight, a cost-per-mile fee of 22 cents per ton, or fraction of
a ton, over the permitted maximum weight is imposed in addition
to the normal permit fee. Miles must be calculated based on the
distance already traveled in the state plus the distance from
the point of detection to a transportation loading site or
unloading site within the state or to the point of exit from the
state.
(f) As an alternative to paragraph (e), an annual permit
may be issued for overweight, or oversize and overweight,
construction equipment, machinery, and supplies. The fees for
the permit are as follows:
Gross Weight (pounds) of Vehicle Annual Permit Fee
90,000 or less $200
90,001 - 100,000 $300
100,001 - 110,000 $400
110,001 - 120,000 $500
120,001 - 130,000 $600
130,001 - 140,000 $700
140,001 - 145,000 $800
If the gross weight of the vehicle is more than 145,000 pounds
the permit fee is determined under paragraph (e).
(g) For vehicles which exceed the width limitations set
forth in section 169.80 by more than 72 inches, an additional
cost equal to $120 added to the amount in paragraph (a) when the
permit is issued while seasonal load restrictions pursuant to
section 169.87 are in effect.
(h) $85 for an annual permit to be issued for a period not
to exceed 12 months, for refuse-compactor vehicles that carry a
gross weight of not more than: 22,000 pounds on a single rear
axle; 38,000 pounds on a tandem rear axle; or, subject to
section 169.828, subdivision 2, 46,000 pounds on a tridem rear
axle. A permit issued for up to 46,000 pounds on a tridem rear
axle must limit the gross vehicle weight to not more than 62,000
pounds.
(i) For vehicles exclusively transporting implements of
husbandry, an annual permit fee of $24. A vehicle operated
under a permit authorized by this paragraph may be moved at the
discretion of the permit holder without prior route approval by
the commissioner if:
(1) the total width of the transporting vehicle, including
load, does not exceed 14 feet;
(2) the vehicle is operated only between sunrise and 30
minutes after sunset, and is not operated at any time after
12:00 noon on Sundays or holidays;
(3) the vehicle is not operated when visibility is impaired
by weather, fog, or other conditions that render persons and
other vehicles not clearly visible at 500 feet;
(4) the vehicle displays at the front and rear of the load
or vehicle a pair of flashing amber lights, as provided in
section 169.59, subdivision 4, whenever the overall width of the
vehicle exceeds 126 inches; and
(5) the vehicle is not operated on a trunk highway with a
surfaced roadway width of less than 24 feet unless such
operation is authorized by the permit.
A permit under this paragraph authorizes movements of the
permitted vehicle on an interstate highway, and movements of 75
miles or more on other highways.
Sec. 2. Minnesota Statutes 2002, section 221.011,
subdivision 6, is amended to read:
Subd. 6. [PERSON.] "Person" means any individual, firm,
copartnership, cooperative, company, association and
corporation, or their lessees, trustees, or receivers. "Person"
does not include the federal government, the state, or any
political subdivision.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2002, section 221.0269,
subdivision 3, is amended to read:
Subd. 3. [TERMINATION OF RELIEF EFFORTS.] (a) Upon
termination of direct assistance to an emergency relief effort,
a carrier or driver is subject to the requirements of section
221.0314, except that a driver may return empty to a carrier's
terminal or the driver's normal work reporting location without
complying with that section. A driver who informs the carrier
that the driver needs immediate rest must be permitted at least
eight consecutive hours off duty before the driver is required
to return to the terminal or location. Having returned to the
terminal or other location, the driver must be relieved of all
duty and responsibilities.
(b) When a driver has been relieved of all duty and
responsibilities upon termination of direct assistance to an
emergency relief effort, no carrier shall permit or require any
driver used by it to drive nor shall any such driver drive in
commerce until the driver:
(1) has met the requirements of Code of Federal
Regulations, title 49, section 395.3, paragraph (a); and
(2) has had at least 24 34 consecutive hours off duty if (i)
the driver has been on duty for more than 60 hours in any seven
consecutive days at the time the driver is relieved of all duty
if the employing carrier does not operate every day in the week,
or (ii) the driver has been on duty for more than 70 hours in
any eight consecutive days at the time the driver is relieved of
all duty if the employing carrier operates every day in the week.
(c) For purposes of this section, direct assistance to an
emergency relief effort terminates when a driver or commercial
motor vehicle is used to transport cargo not destined for the
emergency relief effort, or when the carrier dispatches that
driver or vehicle to another location to begin operations in
commerce.
Sec. 4. Minnesota Statutes 2002, section 221.0314,
subdivision 7, is amended to read:
Subd. 7. [PARTS AND ACCESSORIES NECESSARY FOR SAFE
OPERATION.] Code of Federal Regulations, title 49, part 393, is
incorporated by reference except for paragraph (d) of section
393.43. 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.
Sec. 5. Minnesota Statutes 2002, section 221.0314,
subdivision 9, is amended to read:
Subd. 9. [HOURS OF SERVICE OF DRIVER.] Code of Federal
Regulations, title 49, part 395, is incorporated by reference,
except that paragraphs (a), (c), (d), (f),
(h), (i), (j), (k), (l), (m), and (n), and (o) of section
395.1 and section 395.13 of that part are not incorporated. In
addition, cross-references to sections or paragraphs not
incorporated in this subdivision are not incorporated by
reference. The requirements of Code of Federal Regulations,
title 49, part 395, do not apply to drivers of lightweight
vehicles.
Sec. 6. Minnesota Statutes 2002, section 221.033,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] Except as provided in
subdivisions 2 to 3, no person may transport or offer or accept
for transportation within the state of Minnesota a hazardous
material, hazardous substance, or hazardous waste except in
compliance with United States Code, title 49, sections 1801 to
1811 5101 to 5126 and the provisions of Code of Federal
Regulations, title 49, parts 171 to 199. Those provisions apply
to transportation in intrastate commerce to the same extent they
apply to transportation in interstate commerce.
Sec. 7. [221.0341] [REPORT OF HAZARDOUS MATERIAL
TRANSPORTATION INCIDENT.]
A person who is subject to Code of Federal Regulations,
title 49, parts 171 through 185, shall immediately notify by
telephone the Minnesota duty officer pursuant to section 115E.09
if any of the following events occur in Minnesota during the
course of transportation in commerce:
(1) a hazardous materials incident as listed in Code of
Federal Regulations, title 49, section 171.15, paragraph (b);
(2) an unintentional release of hazardous materials from a
package as defined in Code of Federal Regulations, title 49,
section 171.08; or
(3) a discovery of an undeclared hazardous material as
defined by Code of Federal Regulations, title 49, section 171.08.
Sec. 8. Minnesota Statutes 2002, section 221.036,
subdivision 1, is amended to read:
Subdivision 1. [ORDER.] 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 221.033, subdivision 2b; (3) section
221.151; (4) section 221.171; (5) section 221.141; or (6) 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. 9. Minnesota Statutes 2002, 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; 221.141; 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, 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.
(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. 10. Minnesota Statutes 2002, section 221.036,
subdivision 12, is amended to read:
Subd. 12. [REVOCATION AND SUSPENSION OF PERMIT FAILURE TO
PAY PENALTY.] If a person fails to pay a penalty owed under this
subdivision section, the commissioner has grounds to revoke or
refuse to reissue or renew a license, permit, or certificate
issued by the commissioner under section 1.
Sec. 11. Minnesota Statutes 2002, section 221.037,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY TO INSPECT.] Transportation
representatives and hazardous material specialists of the
department have the authority to enter, at a reasonable time and
place, any vehicle, cargo tank, or other container used to
transport hazardous materials, hazardous substances, or
hazardous waste and any treatment, storage, or disposal facility
or other place where the materials, substances, or waste are or
have been generated, stored, treated, disposed of, or
transported from. They may inspect the vehicle, cargo tank, or
container and obtain from any person samples of the materials,
substances, or waste and samples of the containers or labeling
of the materials, substances, or waste for enforcing sections
221.033 to 221.036 or rules adopted under those sections. The
authority granted under this subdivision includes the right to
break and replace seals.
Sec. 12. Minnesota Statutes 2003 Supplement, section
221.602, subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE; NONEXEMPT CARRIER.] A motor
carrier subject to the jurisdiction of the U.S. Department of
Transportation or Surface Transportation Board under United
States Code, title 49, chapter 135, subchapter I, 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 if it first complies with the
insurance regulations described in Code of Federal Regulations,
title 49, part 387, and registration regulations described in
Code of Federal Regulations, title 49, parts 356 and 365,
adopted by the Interstate Commerce Commission or a successor
agency under United States Code, title 49, section 14504 or
former 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.
Sec. 13. Minnesota Statutes 2002, section 221.605,
subdivision 1, is amended to read:
Subdivision 1. [FEDERAL REGULATIONS AND STATE RULES.] (a)
Interstate carriers and private carriers engaged in interstate
commerce shall comply with the federal motor carrier regulations
in Code of Federal Regulations, title 49, parts 40, 382, 383,
387, and 390 through 398 and with the rules of the commissioner
concerning inspections, vehicle and driver out-of-service
restrictions and requirements, and vehicle, driver, and
equipment checklists. For purposes of regulating commercial
motor vehicles as defined in section 169.781, subdivision 1, the
exemption provided in Code of Federal Regulations, title 49,
section 396.11, paragraph (d), applies in Minnesota only to
driveaway-towaway operations.
(b) An interstate carrier or private carrier engaged in
interstate commerce who complies with federal regulations
governing testing for controlled substances and alcohol is
exempt from the requirements of sections 181.950 to 181.957
unless the carrier's drug testing program provides for testing
for controlled substances in addition to those listed in Code of
Federal Regulations, title 49, section 40.85. Persons subject
to this section may test for drugs, in addition to those listed
in Code of Federal Regulations, title 49, section 40.85, only in
accordance with sections 181.950 to 181.957 and rules adopted
under those sections.
Sec. 14. Minnesota Statutes 2002, section 299K.07, is
amended to read:
299K.07 [NOTIFICATION TO EMERGENCY MANAGEMENT CENTER.]
(a) The notification of the commission required under the
federal act shall must be made to the state Emergency Management
Center. The owner or operator of a facility shall immediately
notify the state Emergency Management Center of the release of a
reportable quantity of the following materials:
(1) a hazardous substance on the list established under
United States Code, title 42, section 9602; or
(2) an extremely hazardous substance on the list
established under United States Code, title 42, section 11002.
(b) This section does not apply to a release that results
in exposure to persons solely within the site or sites on which
a facility is located or to a release specifically authorized by
state law.
(c) A person who is required to report to or notify a state
agency of a discharge, release, or incident under section
221.034 221.0341, this chapter, chapter 18B, 18C, 18D, 115,
115A, 115B, 115C, 115D, 116, or 299J, or any other statute,
administrative rule, or federal rule regulation may satisfy the
requirement to report by notifying the Emergency Management
Center established in this section. The commissioner of the
Department of Public Safety shall ensure that the center is
staffed with adequate personnel to answer all calls 24 hours a
day and that those staff are adequately trained to efficiently
notify all appropriate state and federal agencies with
jurisdiction over the discharge or release, and provide
emergency responder information. No state agency may adopt a
rule or guideline that requires a person who notifies the
Emergency Management Center to also notify that agency. The
commissioner of each affected state agency shall include the
telephone number of the Emergency Management Center in all
files, permits, correspondence, educational publications, and
other communications with the public and other persons, and
shall designate personnel to coordinate receipt of reports or
notifications with Emergency Management Center personnel.
Sec. 15. [REPEALER.]
(a) Minnesota Statutes 2002, sections 221.011, subdivision
2b; and 221.034, are repealed.
(b) Minnesota Statutes 2002, section 221.033, subdivision
3, is repealed.
(c) Minnesota Rules, parts 8860.0100; 8860.0200; 8860.0300;
8860.0400; 8860.0500; 8860.0600; 8860.0700; and 8860.0800, are
repealed.
Sec. 16. [EFFECTIVE DATES.]
Sections 1 to 8, 10 to 12, and 15, paragraph (a), are
effective the day following final enactment. Sections 9 and 15,
paragraphs (b) and (c), are effective August 1, 2005.
Presented to the governor May 15, 2004
Signed by the governor May 19, 2004, 11:10 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes