2006 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 that is required to be placarded
under Code of Federal Regulations, title 49, parts 100-185.
(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.
History: 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; 2006 c 212 art 1 s 10