1997 Minnesota Statutes

     221.152 Conversion of permits. 

    Subdivision 1.    Expiration of operating authority.  
 Except as provided in subdivision 3, paragraph (c), the 
 following certificates and permits in effect on January 1, 1993, 
 and all operating authority granted by those certificates and 
 permits, expire on January 1, 1993: 

    (1) all certificates authorizing operation as a regular 
 route common carrier of property, other than petroleum carrier 
 certificates; and 

    (2) all permits authorizing operation as an irregular route 
 common carrier, except those carriers listed in section 221.111, 
 clauses (3) to (9). 

    Subd. 2.    Conversion.  All holders of certificates and 
 permits that expire on January 1, 1993, under subdivision 1, who 
 wish to continue providing the service authorized by those 
 certificates and permits, must convert the certificates and 
 permits into class I or class II certificates or permits by that 
 date. 

    Subd. 3.    Issuance of new certificates and permits.  
 (a) By September 1, 1992, a motor carrier described in 
 subdivision 2 must submit to the commissioner an application for 
 conversion.  The application must be on a form prescribed by the 
 commissioner and must be accompanied by an application fee of 
 $50.  The application must state:  (1) the name and address of 
 the applicant; (2) the identifying number of the expiring 
 certificates or permits the applicant wishes to convert; and (3) 
 other information the commissioner deems necessary.  An 
 applicant for a class II-L permit must also submit a statement 
 of the extent of operating authority that the applicant holds 
 under the applicant's existing permit or permits and wishes to 
 include in the new permit or permits, and evidence of the 
 operating authority actually exercised as described in section 
 221.151, subdivision 1. 

    (b) The commissioner shall transmit to the board all 
 applications that meet the requirements of paragraph (a).  The 
 board shall develop an expedited process for hearing and ruling 
 on applications submitted under this subdivision.  Within 60 
 days after receiving an application under this subdivision, the 
 board shall issue an order approving or denying the issuance of 
 a new certificate or permit.  The board shall issue the 
 certificate or permit requested in the application if it finds 
 that the issuance is authorized under this section.  An 
 application submitted to the commissioner under this subdivision 
 by September 1, 1992, is deemed approved by the board unless by 
 November 1, 1992, or a later date determined under paragraph 
 (c), the board has issued an order denying the application. 

    (c) If the board determines that a conversion of a 
 certificate or permit under this subdivision requires a longer 
 period of deliberation than that provided in paragraph (b), the 
 board may prescribe a date:  (1) on which a class I certificate 
 or class II permit becomes effective; (2) on which the 
 application for conversion becomes effective unless denied by 
 the board; and (3) on which the certificate or permit being 
 converted expires.  The board may not prescribe a date under 
 clauses (1) to (3) that is later than June 30, 1993. 

    Subd. 4.    Authority converted.  (a) The board shall 
 not issue any certificate or permit under this subdivision that 
 authorizes the carrier to serve any geographic area or transport 
 any commodities that the carrier was not authorized to serve or 
 transport under the expiring certificate or permit. 

    (b) Notwithstanding paragraph (a), the board shall not 
 grant a class II-L permit to an applicant under this subdivision 
 that names points that the permit holder did not serve at any 
 time in the two years before April 30, 1992. 

    (c) When a person who had been issued before January 1, 
 1993, an irregular route common carrier permit with authority to 
 transport household goods applies for conversion of that permit 
 to a class II permit under subdivision 3, the board shall issue 
 the applicant, along with a class II permit, a household goods 
 mover permit with the same operating authority to transport 
 household goods as was granted under the person's irregular 
 route common carrier permit. 

    (d) When a person who, before January 1, 1993, held an 
 irregular route common carrier permit under which the person 
 transported temperature-controlled commodities applies for 
 conversion of that permit to a class II permit under subdivision 
 3, the board shall issue the applicant a temperature-controlled 
 commodities permit with authority to operate in the same 
 geographic area authorized under the person's irregular route 
 common carrier permit and a class II permit. 

    (e) A permit holder that received its permit less than 24 
 months prior to the effective date of Laws 1992, chapter 600, 
 shall be authorized by the board to operate for a period of up 
 to 24 months or December 31, 1993, whichever occurs first.  
 Prior to January 1, 1994, the permit holder shall follow the 
 procedures for conversion of permits contained in this section.  
 The board shall extend the permit up to June 30, 1994, as 
 required to convert the permit. 

    HIST: 1992 c 600 s 31