Minnesota Administrative Rules

7421.0100 DEFINITIONS.

Subpart 1.

Scope.

The terms in this chapter have the meanings given them in this part.

Subp. 2.

Cancel or cancellation.

"Cancel" or "cancellation" means the commissioner's rescission of a CDL holder's or driver applicant's commercial driving privileges for failure to meet the required commercial driver license testing requirements under chapter 7410.

Subp. 3.

CDL holder.

"CDL holder" means a person who was issued a commercial driver's license or a commercial learner's permit by the commissioner or another jurisdiction as long as the CDL or CLP is not expired, or if expired, expired less than one year from the date of expiration.

Subp. 4.

Commercial driver's license (CDL).

"Commercial driver's license" or "CDL" has the meaning given in Code of Federal Regulations, title 49, section 383.5.

Subp. 5.

Commercial learner's permit (CLP).

"Commercial learner's permit" or "CLP" has the meaning given in Code of Federal Regulations, title 49, section 383.5.

Subp. 6.

Commercial motor vehicle.

"Commercial motor vehicle" has the meaning given in Minnesota Statutes, section 171.01, subdivision 22.

Subp. 7.

Commissioner.

"Commissioner" means the commissioner of public safety, acting directly or through authorized officers or agents.

Subp. 8.

Current medical waiver.

"Current medical waiver" has the meaning given in Minnesota Statutes, section 171.01, subdivision 29a.

Subp. 9.

Department.

"Department" means the Minnesota Department of Public Safety.

Subp. 10.

Department of Transportation (MnDOT).

"Department of Transportation" or "MnDOT" means the Minnesota Department of Transportation.

Subp. 11.

Disqualification or disqualify.

"Disqualification" or "disqualify" means the commissioner's withdrawal of the privilege to drive commercial motor vehicles for a specific period under part 7421.0600 or 7421.0700.

Subp. 12.

Driver.

"Driver" has the meaning given in Minnesota Statutes, section 171.01, subdivision 31.

Subp. 13.

Driver applicant.

"Driver applicant" has the meaning given in Code of Federal Regulations, title 49, section 383.5.

Subp. 14.

Federal Motor Carrier Safety Administration (FMCSA).

"Federal Motor Carrier Safety Administration" or "FMCSA" means the agency of the United States Department of Transportation.

Subp. 15.

Interstate or foreign commerce.

"Interstate or foreign commerce" has the meaning given in Minnesota Statutes, section 171.01, subdivision 36a.

Subp. 16.

Intrastate commerce.

"Intrastate commerce" has the meaning given in Minnesota Statutes, section 171.01, subdivision 36b.

Subp. 17.

License.

"License" has the meaning given in Minnesota Statutes, section 171.01, subdivision 37.

Subp. 18.

Medical examiner.

"Medical examiner" has the meaning given in Minnesota Statutes, section 171.01, subdivision 38a.

Subp. 19.

Sufficient cause to believe.

"Sufficient cause to believe" means grounds put forth in good faith, which are not arbitrary, irrational, unreasonable, or irrelevant and which make the proposition asserted more likely than not, provided that the grounds are based on at least one of the following sources:

A.

written information from an identified person;

B.

facts or statements by the applicant or driver;

C.

driver's license and accident records;

D.

court documents and police records; or

E.

facts of which the commissioner or a department employee has personal knowledge.

Subp. 20.

Valid medical examiner's certificate.

"Valid medical examiner's certificate" has the meaning given in Minnesota Statutes, section 171.01, subdivision 49b.

Statutory Authority:

MS s 171.09; 171.162; L 2010 c 242 s 10

History:

36 SR 809

Published Electronically:

January 19, 2012