Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this section have the meanings given them.
Subd. 2. Department. "Department" means the department of transportation.
Subd. 2a. Commissioner. "Commissioner" means the commissioner of transportation.
Subd. 2b. Board. "Board" means the transportation regulation board.
Subd. 3. Vehicle. "Vehicle" means a vehicle or combination of vehicles used upon the highways for the transportation of persons or property.
Subd. 4. Repealed, 1983 c 371 s 44
Subd. 5. Public highway. "Public highway" means every public street, alley, road, highway or thoroughfare of any kind, except waterways, open to public travel and use.
Subd. 6. Person. "Person" means any individual, firm, copartnership, cooperative, company, association and corporation, or their lessees, trustees, or receivers.
Subd. 7. Certificate. "Certificate" means the certificate of public convenience and necessity issued under section 221.071 to a regular route common carrier of passengers, a class I motor carrier, or a petroleum carrier.
Subd. 8. Permit. "Permit" means the license, or franchise, which may be issued to motor carriers other than regular route common carriers of passengers, class I common carriers, and petroleum carriers, under the provisions of this chapter, authorizing the use of the highways of Minnesota for transportation for hire.
Subd. 9. Regular route common carrier. "Regular route common carrier" means a person who holds out to the public as willing, for hire, to transport passengers by motor vehicle between fixed termini over a regular route upon the public highways.
Subd. 10. Petroleum carrier. "Petroleum carrier" means any person engaged in the business of transporting for hire over the public highways petroleum products in bulk in quantities in excess of 2,000 gallons per load but it shall not include the transportation of such products between points or places wholly within a city, or wholly within a single group of contiguous cities.
Subd. 11. Repealed, 1992 c 600 s 34
Subd. 12. Contract carrier. "Contract carrier" means a person engaged in the business of transporting property for hire over the highways under special contracts of carriage with the shippers or receivers of freight who require a specialized service to meet their needs.
Subd. 13. Interstate carrier. "Interstate carrier" means any person engaged in transporting property or passengers for hire in interstate commerce in Minnesota, from or into Minnesota, or between any point in the state of Minnesota and the Dominion of Canada.
Subd. 14. Permit carrier. "Permit carrier" means a motor carrier embraced within this chapter other than regular route common carriers of passengers, class I carriers, and petroleum carriers.
Subd. 15. Motor carrier. "Motor carrier" means a carrier operating for hire under the authority of this chapter and subject to the rules and orders of the commissioner or the board.
Subd. 16. For hire. "For hire" means for remuneration or compensation of any kind promised, paid, or given to or received by a person for the transportation of persons or property on the highways, and includes compensation obtained by a motor carrier indirectly, by subtraction from the purchase price or addition to the selling price of property transported, when the purchase or sale of the property is not a bona fide purchase or sale. The transportation of property by a person who purchases it immediately before transporting it, and sells it immediately after transporting it, is transportation for hire. The lease or rental of a motor vehicle to a person for transportation of the person's property is transportation for hire and not private carriage when the lessor, directly or indirectly, serves as driver or obtains or arranges for a driver under the terms of the motor vehicle lease. For hire does not include motor vehicle operations conducted by a private carrier.
Subd. 17. Contiguous. "Contiguous" means having any portion of a common boundary with another municipality or with one of a group of contiguous municipalities.
Subd. 18. Petroleum products. "Petroleum products" means crude petroleum and natural gas and any and all derivatives arising out of the refinement thereof, including anhydrous ammonia and liquid fertilizer.
Subd. 19. Service of notice and orders. "Service of notice and orders" means depositing the notice and orders in the United States mails properly enveloped, addressed, and stamped, provided that service of a notice or order requiring an affirmative or negative action by a person must be by certified United States mail with return receipt.
Subd. 20. Charter. "Charter" means the agreement whereby the owner of a motor vehicle lets the same to a group of persons as one party for a specified sum and for a specified act of transportation at a specified time.
Subd. 21. Charter carrier. "Charter carrier" means a person who engages in the business of transporting the public by motor vehicle under charter. The term "charter carrier" does not include regular route common carriers of passengers, school buses or Head Start buses described in section 221.025, clause (a), or persons providing limousine service described in section 221.84.
Subd. 22. Repealed, 1983 c 371 s 44
Subd. 23. Household goods. "Household goods" means personal effects and property used or to be used by the owner in the owner's dwelling; furniture, fixtures, equipment and property of business places and institutions, public or private, when a part of the stock, equipment, supplies or property of such establishments.
Subd. 24. Livestock carrier. "Livestock carrier" means any person whose primary business is the transportation of livestock.
Subd. 25. Courier services carrier. "Courier services carrier" means any person who transports packages and articles except household goods by either:
(1) expedited delivery, which means that:
(i) shipments are made by single axle straight truck or smaller vehicle;
(ii) shipments are picked up within one hour of the shipper's initial request for service;
(iii) after shipments are picked up, delivery is made within six hours; and
(iv) there is no cross docking or overnight sorting of shipments; or
(2) overnight small package delivery, which means that:
(i) the transportation originates and ends on the same calendar day or the following business day;
(ii) no package or article of a shipment exceeds 100 pounds per item;
(iii) the aggregate of shipments received by a single consignee from a single consignor on a single calendar day does not exceed 400 pounds;
(iv) a vehicle at the point of delivery does not exceed 15,000 pounds gross vehicle weight;
(v) there may be cross docking or overnight sorting of shipments; and
(vi) operations of the courier services carrier may resemble operations of other types of carriers defined in this section.
Courier service carriers must maintain accurate records of each shipment picked up and delivered, including (1) time of the request for service, (2) time of the pickup, (3) time of delivery, (4) weight of the shipment, and (5) the specific vehicle or vehicles used to transport the shipment.
Subd. 26. Private carrier. "Private carrier" means a person engaged in the transportation of property or passengers by motor vehicle when:
(a) the person transporting the property or passengers is engaged in a business other than transportation; and
(b) the transportation is within the scope of and furthers a primary business, other than transportation, of that person.
"Private carrier" does not include a person while engaged in transportation described in section 221.025.
Subd. 27. Commuter van. "Commuter van" means a motor vehicle used in a ridesharing arrangement and used principally to provide prearranged transportation of persons for a fee to or from their place of employment or to or from a transit stop authorized by a local transit authority:
(a) when the vehicle is operated by a person who does not drive the vehicle for that person's principal occupation but is driving it only to or from that person's principal place of employment or to or from a transit stop authorized by a local transit authority; or
(b) when the vehicle is operated for personal use at other times by an authorized driver.
Subd. 28. Local cartage carrier. "Local cartage carrier" means a person engaged in transporting property or freight, other than household goods and petroleum products, for hire when the movement is entirely within an area composed of two contiguous cities of the first class and municipalities contiguous thereto as defined by subdivision 17.
Subd. 29. Hazardous material. "Hazardous material" means a substance or material determined by the United States secretary of transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and so designated by the United States secretary of transportation.
Subd. 30. Hazardous substance. "Hazardous substance" has the meaning given it in Code of Federal Regulations, title 49, section 171.8.
Subd. 31. Hazardous waste. "Hazardous waste" has the meaning given it in Code of Federal Regulations, title 49, section 171.8.
Subd. 32. Special passenger carrier. "Special passenger carrier" means a person who holds out to the public to provide transportation of passengers for hire by motor vehicle over the public highways under the following conditions: (1) the service is provided in vehicles that are not limousines, (2) the vehicle has a seating capacity, excluding the driver, of more than six persons, (3) the service does not begin or end at an airport, and (4) the service is provided to definite, predetermined locations to which tickets are sold on an individual basis.
Subd. 33. Gross vehicle weight. "Gross vehicle weight" has the meaning given it in section 169.01, subdivision 46.
Subd. 34. Personal transportation service. "Personal transportation service" means service that:
(1) is not provided on a regular route;
(2) is provided in a personal transportation service vehicle as defined in section 168.011, subdivision 36;
(3) is not metered for the purpose of determining fares;
(4) provides prearranged pickup of passengers;
(5) charges more than a taxicab fare for a comparable trip.
Subd. 35. Truckload freight. "Truckload freight" means freight collected by a motor carrier (1) from one consignor at a single place and delivered directly to one or more consignees, or (2) from one or more consignors and delivered directly to one consignee at a single place.
Subd. 36. Less-than-truckload freight. "Less-than-truckload freight" means freight carried by a motor carrier that is not truckload freight.
Subd. 37. Certificated carrier. "Certificated carrier" means a motor carrier holding a certificate issued under section 221.071.
Subd. 38. Class I carrier. "Class I carrier" means a person who has been issued a certificate under section 221.071 to operate as a class I carrier.
Subd. 39. Class II carrier. "Class II carrier" means a person who has been issued a permit under section 221.121, subdivisions 6c to 6e, to operate as a class II carrier. Class II carrier includes persons who have been issued either a class II-T or class II-L permit, or both.
Subd. 40. Terminal. "Terminal" means (1) a facility that a motor carrier owns, leases, or otherwise controls, and uses to load, unload, dispense, receive, interchange, gather, or otherwise physically handle freight for shipment, or (2) any other location at which freight is exchanged by motor carriers between vehicles. "Terminal" does not mean a public warehouse with a storage capacity of at least 5,000 square feet that was licensed under chapter 231 on or before March 1, 1992.
Subd. 41. Temperature-controlled commodity. "Temperature-controlled commodity" means a commodity requiring protection from heat or cold that is transported with or without other commodities, provided that all such commodities move in mechanically temperature-controlled vehicles.
Subd. 42. Lightweight vehicle. "Lightweight vehicle" means a vehicle with a gross vehicle weight of 10,000 pounds or less, but does not include a vehicle transporting passengers for hire or a vehicle transporting hazardous materials that must be placarded or marked under Code of Federal Regulations, title 49, section 177.823.
Subd. 43. Petroleum transport. "Petroleum transport" means a vehicle, trailer, or semitrailer with a tank (1) that is mounted on it or made an integral part of it, other than the fuel supply tank for the engine of that vehicle, (2) that is filled or emptied while on the vehicle, and (3) that is used to transport petroleum products in bulk.
Subd. 44. Armored carrier service. "Armored carrier service" means transportation of property in armored vehicles protected by at least one armed person other than the driver.
Subd. 45. Armored carrier. "Armored carrier" is a motor carrier engaged in providing armored carrier service.
Subd. 46. Bulk commodity. "Bulk commodity" means a commodity that (1) can be poured, scooped, or shoveled into a vehicle, (2) is carried loose in that vehicle, (3) is confined by the bottom and sides of the vehicle, and (4) is not sacked, boxed, bundled, or otherwise assembled before delivery.
Subd. 47. Motor carrier of property. "Motor carrier of property" means a motor carrier engaged in the for-hire transportation of property, other than household goods, in Minnesota who has filed a registration statement with the commissioner.
HIST: Ex1957 c 17 s 1; 1959 c 376 s 1; 1965 c 523 s 1; 1969 c 870 s 1; 1971 c 25 s 67; 1971 c 74 s 2; 1971 c 631 s 1; 1973 c 123 art 5 s 7; 1973 c 367 s 1; 1973 c 754 s 2; 1975 c 313 s 4,5; 1976 c 166 s 65-69; 1976 c 233 s 9; 1979 c 50 s 23; 1980 c 428 s 1,2; 1980 c 465 s 1; 1980 c 534 s 55-57; 1981 c 209 s 7,8; 1982 c 617 s 19; 1983 c 371 s 3-18; 1984 c 520 s 1-3; 1985 c 299 s 15,16; 1986 c 444; 1989 c 318 s 7,8; 1992 c 418 s 1; 1992 c 578 s 13-17; 1992 c 600 s 1-11; 1993 c 117 s 7,8,30; 1993 c 213 s 1,2; 1994 c 603 s 19; 1994 c 635 art 1 s 17,41; 1996 c 377 s 1,2
Official Publication of the State of Minnesota
Revisor of Statutes