Minnesota Administrative Rules

7503.0100 DEFINITIONS.

Subpart 1.

Scope.

For purposes of this chapter, the terms defined in this part have the meanings given them.

Subp. 1a.

Alcohol and drug counselor.

"Alcohol and drug counselor" has the meaning given in Minnesota Statutes, section 148C.01, subdivision 2.

Subp. 1b.

Assessor.

"Assessor" has the meaning given in part 9530.6605, subpart 4.

Subp. 2.

Chemical use assessment.

A "chemical use assessment" is a report prepared under part 7503.1725 or Minnesota Statutes, section 169A.54, subdivision 11, or 169A.70 or 171.306, to evaluate a person's driving ability in relation to possible chemical abuse.

Subp. 3.

Alcohol- or controlled-substance-related incident.

An "alcohol- or controlled-substance-related incident" is a violation or license revocation under current or former Minnesota Statutes, section 169.121; 169.1211; 169.123, subdivisions 2, 2a, 2b, 2c, and 4; 169.127; 169.129; 169A.20; 169A.51, subdivision 1, 2, 3, 4, 5, or 6; 169A.52, subdivision 1, 2, 3, 4, or 5; 169A.54; 171.245; or 609.21, subdivision 1, clauses (2), (3), and (4), subdivision 2, clauses (2), (3), and (4), subdivision 3, clauses (2), (3), and (4), and subdivision 4, clauses (2), (3), and (4); or a statute from another state in conformity with one of these provisions.

Subp. 4.

Cancellation and denial.

"Cancellation and denial" is the commissioner's withdrawal of a person's driver's license and privilege to drive in Minnesota pursuant to current or former Minnesota Statutes, section 169.121; 169A.54; 171.04, subdivision 1, clause (6), (10), (11), or (12); 171.13, subdivision 4; or 171.14.

Subp. 4a.

Certificate of insurance.

"Certificate of insurance" means a completed insurance certificate from the authorized representative of the insurance carrier authorized to do business in the state stating that the vehicle will be covered by a plan of reparation security as required by Minnesota Statutes, section 65B.48, that is noncancelable for a period not to exceed 12 months, or an equivalent certification when the insurance policy is issued by an authorized insurance carrier for coverage of a vehicle registered in a state other than Minnesota or in a Canadian province.

Subp. 5.

Chemical dependency treatment.

"Chemical dependency treatment" is treatment for chemical dependency as specified in part 7503.1700, subpart 2, item A, in a:

A.

program licensed or approved by the state of Minnesota;

B.

comparable program licensed or approved by another state;

C.

hospital-based treatment program; or

D.

alternative treatment program preapproved by the commissioner of public safety.

Subp. 5a.

Commercial motor vehicle.

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

A commercial motor vehicle does not include farm trucks, fire trucks and emergency fire equipment, or recreational equipment operated by a person within the scope of Minnesota Statutes, section 171.02, subdivision 2, paragraph (a).

Subp. 6.

Commissioner.

"Commissioner" is the commissioner of the Department of Public Safety of the state of Minnesota, acting directly or through authorized officers and agents.

Subp. 6a.

Department.

"Department" means the Minnesota Department of Public Safety.

Subp. 6b.

Disqualification.

"Disqualification" is the commissioner's removal of the privilege to drive commercial motor vehicles for a specific period under Minnesota Statutes, section 171.165.

Subp. 6c.

Employer-owned motor vehicle.

"Employer-owned motor vehicle" means a motor vehicle that is not equipped with an ignition interlock device and is made available to a program participant by an employer for the program participant's use in the normal course and scope of employment duties.

Subp. 7.

[Repealed, 27 SR 707]

Subp. 7a.

Ignition interlock device or device.

"Ignition interlock device" or "device" has the meaning given in Minnesota Statutes, section 171.306, subdivision 1, paragraph (b).

Subp. 8.

Personal injury.

A "personal injury" means either:

A.

"bodily harm" as defined in Minnesota Statutes, section 609.02, subdivision 7;

B.

"substantial bodily harm" as defined in Minnesota Statutes, section 609.02, subdivision 7a;

C.

"great bodily harm" as defined in Minnesota Statutes, section 609.02, subdivision 8; or

D.

"personal injury" as defined in part 7409.0100, subpart 7b.

Subp. 8a.

Program participant.

"Program participant" has the meaning given in Minnesota Statutes, section 171.306, subdivision 1, paragraph (c).

Subp. 9.

Revocation.

"Revocation" is the commissioner's withdrawal of a person's driver's license and privilege to drive in this state for a specific period under either current or former Minnesota Statutes, section 169.121, 169.123, 169A.52, 169A.54, or 171.17.

Subp. 10.

Special review and notice.

"Special review and notice" means the notice given to the driver and the written acknowledgment received from a driver under part 7503.1250.

Subp. 11.

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 the grounds are based on at least one of the following sources:

A.

facts or statements supplied by the applicant or driver;

B.

driver's license and accident records;

C.

court documents and police records;

D.

facts of which the commissioner or the commissioner's employees have personal knowledge;

E.

a blood, breath, or urine test indicating the presence of alcohol or a test refusal.

Subp. 12.

Suspension.

"Suspension" is the commissioner's temporary withdrawal of a person's driver's license and privilege to drive in this state under current or former Minnesota Statutes, section 169.121, subdivision 8; 169A.54, subdivision 11, or 171.18.

Statutory Authority:

MS s 14.06; 14.388; 169.128; 169.798; 169A.75; 171.165; 299A.01

History:

10 SR 1427; 15 SR 2406; 22 SR 1103; L 1998 c 388 s 30; L 1999 c 238 art 2 s 91; L 2000 c 478 art 2 s 7; 27 SR 707; 35 SR 2019

Published Electronically:

July 5, 2011