221.121 PERMIT: APPROVAL PROCESS; OPERATING AUTHORITY; FEE.
Subdivision 1. Petition; notice and hearing; scope.
(a) A person desiring to operate as a
permit carrier, except as provided in subdivision 5 or section
, shall file a petition with the
commissioner specifying the kind of permit desired, the name and address of the petitioner and the
names and addresses of the officers, if a corporation, and other information as the commissioner
may require. Letters of shipper support must be filed with the petition. No person shall knowingly
make a false or misleading statement in a petition.
(b) The commissioner, after notice to interested parties and a hearing, shall issue the permit
upon compliance with the laws and rules relating to it, if it finds that petitioner is fit and able to
conduct the proposed operations, that petitioner's vehicles meet the safety standards established
by the department, that the area to be served has a need for the transportation services requested in
the petition, and that existing permit and certificated carriers in the area to be served have failed to
demonstrate that they offer sufficient transportation services to meet fully and adequately those
needs, provided that no person who holds a permit at the time sections
effect may be denied a renewal of the permit upon compliance with other provisions of sections
(c) A permit once granted continues in full force and effect until abandoned or unless
suspended or revoked, subject to compliance by the permit holder with the applicable provisions
of law and the rules of the commissioner governing permit carriers.
(d) No permit may be issued to a common carrier by rail permitting the common carrier
to operate trucks for hire within this state, nor may a common carrier by rail be permitted to
own, lease, operate, control, or have an interest in a permit carrier by truck, either by stock
ownership or otherwise, directly, indirectly, through a holding company, or by stockholders or
directors in common, or in any other manner. Nothing in sections
commissioner from issuing a permit to a common carrier by rail authorizing the carrier to operate
trucks wholly within the limits of a municipality or within adjacent or contiguous municipalities
or a common rate point served by the railroad and only as a service supplementary to the rail
service now established by the carriers.
Subd. 2. Temporary permit.
The commissioner may grant a temporary permit, ex parte,
valid for a period not exceeding 180 days, upon a showing that there is an immediate and urgent
need for the proposed service, pending prompt action by the permit holder to follow regular
procedure in securing the permit, and that immediate and urgent authority from the commissioner
is in the public interest. A copy of the order granting the temporary permit, ex parte, must be
mailed immediately to interested parties.
Subd. 3. Cooperative association.
The commissioner may issue a permit as a contract carrier
to cooperative associations whose memberships are limited to bona fide farmers' cooperative
associations, that transport and do business only with and for the associations, and who transport
merely as an incident to other business. The commissioner may not limit the number of hauling
contracts of a cooperative association.
Subd. 4. Extensions of authority.
The commissioner may grant extensions of authority ex
parte after due notice of a petition has been published. A party desiring to protest the petition shall
file its protest by mail or in person within 20 days of the date of notice, except that no protest
may be filed against an application submitted under subdivision 6f. If a timely filed protest is
received, the matter must be placed on the calendar for hearing. If a timely protest is not received,
the commissioner may issue its order ex parte.
Subd. 5. Livestock carrier.
A person desiring to operate as a livestock carrier shall file a
petition with the commissioner specifying the kind of permit desired, the name and address of the
petitioner and the names and addresses of the officers, if a corporation, and other information
as the commissioner may require.
The commissioner shall issue the permit upon compliance with laws and rules relating to the
permit unless it finds that petitioner's vehicles do not meet the safety standards prescribed by the
commissioner or that petitioner is not fit and able to conduct the proposed operations. A permit
issued under Laws 1983, chapter 371, must be renewed upon compliance with the provisions of
Laws 1959, chapter 376, and the rules of the commissioner. A livestock carrier, on the return trip
after hauling livestock and delivering the livestock, may transport other commodities or property
to the carrier's headquarters area. The livestock carrier may transport supplies and equipment used
in farm work from the carrier's headquarters area to any point in the state or from any point in
the state to the headquarters area.
Subd. 6. Courier services carrier.
A person desiring to operate as a courier services carrier
shall follow the procedure established in subdivision 1 and shall be granted a permit as a courier
services carrier if the person meets the criteria established in subdivision 1. The commissioner
shall not deny a permit for a courier services carrier on the grounds that operations performed by
the applicant resemble operations of other types of carriers defined in section
Subd. 6a. Household goods carrier.
A person who desires to hold out or to operate as a
carrier of household goods shall follow the procedure established in subdivision 1, and shall
specifically request a household goods mover permit. The permit granted by the commissioner to
a person who meets the criteria established in this subdivision and subdivision 1 shall authorize
the person to hold out and to operate as a household goods mover. A person who provides or
offers to provide household goods packing services and who makes any arrangement directly or
indirectly by lease, rental, referral, or by other means to provide or to obtain drivers, vehicles, or
transportation service for moving household goods, must have a household goods mover permit.
Subd. 6b.[Repealed, 1999 c 238 art 2 s 92
Subd. 6c. Class II carrier.
(a) A person desiring to operate as a permit carrier, other than as
a carrier listed in section
, clauses (3) to (9), shall follow the procedure established in
subdivision 1 and shall specify in the petition whether the person is seeking a class II-T or class
II-L permit. If the person meets the criteria established in subdivision 1, the board shall grant the
class II-T or class II-L permit or both. A class II permit holder may not own, lease, or otherwise
control more than one terminal. The board may not issue a class II permit to a motor carrier who
owns, leases, or otherwise controls more than one terminal.
(b) For purposes of this section: (1) utilization of a local cartage carrier by a class II carrier
constitutes ownership, lease, or control of a terminal; and (2) "terminal" does not include (i) a
terminal used exclusively for handling bulk commodities, and (ii) a terminal used by a permit
holder who also holds a class I certificate, household goods permit, or temperature-controlled
commodities permit for the unloading, docking, handling, and storage of freight transported under
the certificate, household goods permit, or temperature-controlled commodities permit.
Subd. 6d. Temperature-controlled commodities carrier.
A person who desires to
hold out or to operate as a carrier of temperature-controlled commodities shall follow the
procedure established in subdivision 1 and shall specifically request a temperature-controlled
commodities permit. The permit granted by the board to a person who meets the criteria
established in subdivision 1 shall authorize the person to hold out and to operate as a carrier of
Subd. 6e. Class II-T permit.
A holder of a class II-T permit may transport truckload
freight to and from any point named in the permit without restriction as to routes, schedules, or
frequency of service.
Subd. 6f. Class II-L permit.
(a) A motor carrier with a class II-L permit may transport
less-than-truckload freight as provided in this subdivision.
(b) A motor carrier with a class II-L permit may transport less-than-truckload freight to and
from any point named in the permit, without restriction as to routes, schedules, or frequency
(c) A motor carrier with a class II-L permit may transport less-than-truckload freight to and
from points within the geographic area the carrier was authorized to serve on December 31, 1992,
that were not listed in the carrier's permit. Service by a carrier under this paragraph may be
provided no more often than on 24 days in a 12-month period.
(d) A motor carrier described in paragraph (c) may amend the carrier's permit to add points
within the geographic area the carrier was authorized to serve on December 31, 1992. The carrier
must submit to the commissioner an application on a form provided by the commissioner; the
application must name the points proposed to be served and include evidence of need for the
proposed service. Evidence of need may consist of a letter from a consignor attesting to need for
the proposed service and intent to use the proposed service. The commissioner shall transmit the
application to the board. The board shall publish notice of an approved application in the board's
weekly calendar. Failure by the board to deny the application within ten days after receipt of the
application from the commissioner constitutes approval of the application.
Subd. 6g.[Repealed, 2003 c 2 art 1 s 45
Subd. 6h.[Repealed, 1999 c 238 art 2 s 92
Subd. 7. Fee.
The petitioner shall pay a fee of $150 into the treasury of the state of Minnesota
for each kind of permit or extension of authority for which a petition is filed under this section.
History: Ex1957 c 17 s 12; 1959 c 376 s 3; 1965 c 51 s 40; 1965 c 523 s 2; 1971 c 25 s
67; 1971 c 645 s 2; 1973 c 754 s 4; 1975 c 313 s 8; 1976 c 166 s 80; 1980 c 428 s 3; 1980 c
534 s 66; 1983 c 371 s 26; 1984 c 520 s 11; 1986 c 444; 1987 c 393 art 2 s 2,3; 1988 c 544 s
13,14; 1989 c 318 s 11,12; 1992 c 578 s 40,41; 1992 c 600 s 20-26; 1993 c 213 s 5; 1994 c 635
art 1 s 18; 1996 c 321 s 1; 2001 c 213 s 30