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Minnesota Legislature

Office of the Revisor of Statutes

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.