Minnesota Administrative Rules

8880.0300 GENERAL REQUIREMENTS.

Subpart 1.

Permit required.

No person may operate a limousine service or advertise or otherwise hold out as a limousine operator without a valid permit issued by the commissioner.

Subp. 2.

Decal required.

No person may operate a limousine providing limousine service unless the limousine displays a valid limousine identification decal as required in part 8880.0700, subpart 3.

Subp. 3.

Insurance required.

The insurance requirements in Minnesota Statutes, sections 168.128 and 221.141, and parts 8855.0300, 8855.0400, and 8855.0600 to 8855.0850 apply to a limousine operator. For purposes of this subpart, "motor carrier," as used in Minnesota Statutes, section 221.141, and parts 8855.0300, 8855.0400, and 8855.0600 to 8855.0850, means a limousine operator. No person may operate a limousine providing limousine service until the person complies with the insurance requirements described in this subpart.

Subp. 4.

Advertising restrictions.

A limousine operator shall conspicuously display its permit number in advertisements or information that calls attention to or describes services offered by the limousine operator. No person, other than a limousine operator with a valid permit, may use in a name or in advertisements or information describing a service the person provides:

A.

the words "limousine" or "limousine service"; or

B.

the words "licensed and insured" if those words are used in a way that suggests or implies that a service is provided by a limousine operator with a valid permit.

Subp. 5.

Use of unauthorized name prohibited.

A limousine operator may not provide limousine service under a name other than the name under which a permit was obtained.

Subp. 6.

Fares and records.

A limousine operator shall charge a fare greater than a taxicab fare for a comparable trip. A limousine operator shall maintain a record of each trip provided under its permit and the fare charged for the trip. The record must meet the requirements of part 8880.1000, subpart 2.

Subp. 7.

Trip referrals.

A limousine operator may arrange with another limousine operator to provide limousine service requested by a customer only if the limousine operator:

A.

that refers the service keeps the trip referral record required in part 8880.1000, subpart 3; or

B.

that provides the service clearly and accurately identifies itself to the customer and keeps the trip and fare record required in part 8880.1000, subpart 2.

Subp. 8.

Leased vehicles and drivers.

A limousine operator may lease a vehicle from the vehicle's owner and use it to provide limousine service under the lessee's permit. Both the lessor and the lessee shall keep one signed copy of a written lease and a copy must be kept in the leased vehicle at all times during the term of a lease. A lease may include the services of a driver. A lease must state:

A.

the names of the lessor and lessee;

B.

the date and duration of the lease;

C.

the terms of compensation to be paid by the lessee to the lessor;

D.

the vehicle's vehicle identification number and that the lessee has exclusive possession, control, and use of the vehicle and is considered the owner of the vehicle for the duration of the lease for all purposes, including compliance with parts 8880.0300 to 8880.1300; and

E.

if the lease includes the services of a driver, that the lessee assumes the responsibility of determining that the driver meets the qualifications in part 8880.0800 and shall keep the records required in part 8880.1000, subpart 5.

A lessor may not exercise control over fares charged. The provision of limousine service, including advertisements and arrangements for service, must be conducted by, and in the name of, the lessee only. A lessee or lessor may not represent, imply, or suggest that limousine service is being offered or provided by the lessor.

Subp. 9.

Solicitation prohibited.

A limousine operator, its agents or employees, may not solicit passengers in person to provide limousine service at the time of, or shortly after, the solicitation. This subpart does not prohibit a limousine operator from advertising the service it provides in the normal course of business.

Statutory Authority:

MS s 221.84

History:

18 SR 2220

Published Electronically:

February 1, 2005