2005 Minnesota Statutes

     169.781 Annual commercial vehicle inspection; 
  inspectors, fee, penalty. 

    Subdivision 1.    Definitions.  For purposes of sections 
 169.781 to 169.783: 

    (a) "Commercial motor vehicle" means: 

    (1) a commercial motor vehicle as defined in section 
 169.01, subdivision 75, paragraph (a); and 

    (2) each vehicle in a combination of more than 26,000 
 pounds. 

 "Commercial motor vehicle" does not include (1) a school bus or 
 Head Start bus displaying a certificate under section 169.451, 
 (2) a bus operated by the Metropolitan Council or by a local 
 transit commission created in chapter 458A, or (3) a motor 
 vehicle with a gross weight of not more than 26,000 pounds, 
 carrying in bulk tanks a total of not more than 200 gallons of 
 petroleum products or liquid fertilizer or pesticide. 

    (b) "Commissioner" means the commissioner of public safety. 

    (c) "Owner" means a person who owns, or has control, under 
 a lease of more than 30 days' duration, of one or more 
 commercial motor vehicles. 

    (d) "Storage semitrailer" means a semitrailer that (1) is 
 used exclusively to store property at a location not on a street 
 or highway, (2) does not contain any load when moved on a street 
 or highway, (3) is operated only during daylight hours, and (4) 
 is marked on each side of the semitrailer "storage only" in 
 letters at least six inches high. 

    (e) "Building mover vehicle" means a vehicle owned or 
 leased by a building mover as defined in section 221.81, 
 subdivision 1, paragraph (a), and used exclusively for moving 
 buildings. 

    Subd. 2.    Inspection required.  It is unlawful for a 
 person to operate or permit the operation of: 

    (1) a commercial motor vehicle registered in Minnesota; or 

    (2) special mobile equipment as defined in section 168.011, 
 subdivision 22, and which is self-propelled, if it is mounted on 
 a commercial motor vehicle chassis, 

 unless the vehicle displays a valid safety inspection decal 
 issued by an inspector certified by the commissioner, or the 
 vehicle carries (1) proof that the vehicle complies with federal 
 motor vehicle inspection requirements for vehicles in interstate 
 commerce, and (2) a certificate of compliance with federal 
 requirements issued by the commissioner under subdivision 9. 

    Subd. 3.    Inspector certification; suspension and 
 revocation; hearing.  (a) An inspection required by this 
 section may be performed only by: 

    (1) an employee of the Department of Public Safety or 
 Transportation who has been certified by the commissioner after 
 having received training provided by the State Patrol; or 

    (2) another person who has been certified by the 
 commissioner after having received training provided by the 
 State Patrol or other training approved by the commissioner. 

    (b) A person who is not an employee of the Department of 
 Public Safety or Transportation may be certified by the 
 commissioner if the person is:  

    (1) an owner, or employee of the owner, of one or more 
 commercial motor vehicles that are power units; 

    (2) a dealer licensed under section 168.27 and engaged in 
 the business of buying and selling commercial motor vehicles, or 
 an employee of the dealer; or 

    (3) engaged in the business of repairing and servicing 
 commercial motor vehicles.  

    (c) Certification of persons described in paragraph (b), 
 clauses (1) to (3), is effective for two years from the date of 
 certification.  The commissioner may require biennial retraining 
 of persons holding a certificate under paragraph (b) as a 
 condition of renewal of the certificate.  The commissioner may 
 charge a fee of not more than $10 for each certificate issued 
 and renewed.  A certified person described in paragraph (b), 
 clauses (1) to (3), may charge a reasonable fee for each 
 inspection of a vehicle not owned by the person or the person's 
 employer. 

    (d) Except as otherwise provided in subdivision 5, the 
 standards adopted by the commissioner for commercial motor 
 vehicle inspections under sections 169.781 to 169.783 shall be 
 the standards prescribed in Code of Federal Regulations, title 
 49, section 396.17, and in chapter III, subchapter B, appendix G.

    (e) The commissioner may classify types of vehicles for 
 inspection purposes and may issue separate classes of inspector 
 certificates for each class.  The commissioner shall issue 
 separate categories of inspector certificates based on the 
 following classifications: 

    (1) a class of certificate that authorizes the certificate 
 holder to inspect commercial motor vehicles without regard to 
 ownership or lease; and 

    (2) a class of certificate that authorizes the certificate 
 holder to inspect only commercial motor vehicles the certificate 
 holder owns or leases. 

 The commissioner shall issue a certificate described in clause 
 (1) only to a person described in paragraph (b), clause (2) or 
 (3). 

    (f) The commissioner, after notice and an opportunity for a 
 hearing, may suspend a certificate issued under paragraph (b) 
 for failure to meet annual certification requirements prescribed 
 by the commissioner or failure to inspect commercial motor 
 vehicles in accordance with inspection procedures established by 
 the State Patrol.  The commissioner shall revoke a certificate 
 issued under paragraph (b) if the commissioner determines after 
 notice and an opportunity for a hearing that the certified 
 person issued an inspection decal for a commercial motor vehicle 
 when the person knew or reasonably should have known that the 
 vehicle was in such a state of repair that it would have been 
 declared out of service if inspected by an employee of the State 
 Patrol.  Suspension and revocation of certificates under this 
 subdivision are not subject to sections 14.57 to 14.69. 

    Subd. 4.    Inspection report.  (a) A person performing 
 an inspection under this section shall issue an inspection 
 report to the owner of the commercial motor vehicle inspected.  
 The report must include: 

    (1) the full name of the person performing the inspection, 
 and the person's inspector certification number; 

    (2) the name of the owner of the vehicle and, if 
 applicable, the United States Department of Transportation 
 carrier number issued to the owner of the vehicle, or to the 
 operator of the vehicle if other than the owner; 

    (3) the vehicle identification number and, if applicable, 
 the license plate number of the vehicle; 

    (4) the date and location of the inspection; 

    (5) the vehicle components inspected and a description of 
 the findings of the inspection, including identification of the 
 components not in compliance with federal motor carrier safety 
 regulations; and 

    (6) the inspector's certification that the inspection was 
 complete, accurate, and in compliance with the requirements of 
 this section. 

    (b) The owner must retain a copy of the inspection report 
 for at least 14 months at a location in the state where the 
 vehicle is domiciled or maintained.  The inspector must maintain 
 a copy of the inspection report for a period of 14 months 
 following the inspection in a location in the state where the 
 inspector conducts business.  During this period the report must 
 be available for inspection by an authorized federal, state, or 
 local official. 

    (c) The commissioner shall prescribe the form of the 
 inspection report and revise it as necessary to comply with 
 state and federal law and regulations.  The adoption of the 
 report form is not subject to the Administrative Procedure Act. 

    Subd. 5.    Inspection decal.  (a) A person inspecting a 
 commercial motor vehicle shall issue an inspection decal for the 
 vehicle if each inspected component of the vehicle complies with 
 federal motor carrier safety regulations.  The decal must state 
 that in the month specified on the decal the vehicle was 
 inspected and each inspected component complied with federal 
 motor carrier safety regulations.  The decal is valid for 12 
 months after the month specified on the decal.  The 
 commissioners of public safety and transportation shall make 
 decals available, at a fee of not more than $2 for each decal, 
 to persons certified to perform inspections under subdivision 3, 
 paragraph (b). 

    (b) Minnesota inspection decals may be affixed only to: 

    (1) commercial motor vehicles bearing Minnesota-based 
 license plates; or 

    (2) special mobile equipment, within the meaning of 
 subdivision 2, clause (2). 

    (c) Notwithstanding paragraph (a), a person inspecting (1) 
 a vehicle of less than 57,000 pounds gross vehicle weight and 
 registered as a farm truck, (2) a storage semitrailer, or (3) a 
 building mover vehicle must issue an inspection decal to the 
 vehicle unless the vehicle has one or more defects that would 
 result in the vehicle being declared out of service under the 
 North American Uniform Driver, Vehicle, and Hazardous Materials 
 Out-of-Service Criteria issued by the Federal Highway 
 Administration and the Commercial Vehicle Safety Alliance.  A 
 decal issued to a vehicle described in clause (1), (2), or (3) 
 is valid for two years from the date of issuance.  A decal 
 issued to such a vehicle must clearly indicate that it is valid 
 for two years from the date of issuance. 

    (d) Notwithstanding paragraph (a), a commercial motor 
 vehicle that (1) is registered as a farm truck, (2) is not 
 operated more than 75 miles from the owner's home post office, 
 and (3) was manufactured before 1979 that has a dual 
 transmission system, is not required to comply with a 
 requirement in an inspection standard that requires that the 
 service brake system and parking brake system be separate 
 systems in the motor vehicle. 

    Subd. 6.    Record review; random inspection; audit.  
 Employees of the State Patrol and motor transportation 
 representatives of the Department of Transportation may review 
 records required to be kept under subdivision 4, paragraph (b), 
 and conduct random vehicle inspections and audits at the 
 facility of an owner of a commercial motor vehicle. 

    Subd. 7.    Disposition of revenues.  The commissioner 
 shall pay all revenues received under this section to the 
 commissioner of finance for deposit in the trunk highway fund. 

    Subd. 8.    Violation; misdemeanor.  A violation of this 
 section is a misdemeanor. 

    Subd. 9.    Proof of federal inspection.  An owner of a 
 commercial motor vehicle that is subject to and in compliance 
 with federal motor vehicle inspection requirements for vehicles 
 in interstate commerce may apply to the commissioner for a 
 certificate of compliance with federal requirements.  On payment 
 of a fee equal to the fee for an inspection decal under 
 subdivision 5, paragraph (a), the commissioner shall issue the 
 certificate to the applicant. 

    Subd. 10.    Exemption.  This section does not apply to 
 a vehicle operated by a motor carrier of passengers, as defined 
 in section 221.011, subdivision 48, if the vehicle has been 
 inspected under section 221.0252, subdivision 3, paragraph (a), 
 clause (2), within the previous 12 months. 

    HIST: 1990 c 563 s 1; 1991 c 174 s 1-6; 1992 c 578 s 5,6; 1992 
 c 581 s 13; 1993 c 187 s 14; 1994 c 603 s 14; 1994 c 628 art 3 s 
 12; 1995 c 120 s 3; 2000 c 426 s 27; 2000 c 479 art 1 s 17; 2001 
 c 188 s 2,3; 2002 c 371 art 1 s 45; 2003 c 112 art 2 s 50