221.0314 FEDERAL SAFETY REGULATIONS; ADOPTION.
Subdivision 1. Applicability.
(a) Intrastate motor carriers must comply with the federal
regulations incorporated in this section. Private carriers and persons providing intrastate
transportation described in section
must comply with the federal regulations incorporated
in this section to the extent required by section
. Every carrier and its officers, agents,
representatives, and employees responsible for managing, maintaining, equipping, operating, or
driving motor vehicles, or hiring, supervising, training, assigning, or dispatching drivers, must
be instructed in and comply with the rules incorporated in this section and shall require that its
agents, representatives, drivers, and employees comply.
(b) In the rules incorporated in subdivisions 2 to 11:
(1) the term "motor carrier" means a carrier required to comply with this section;
(2) a reference to a federal agency or office means the Minnesota Department of
(3) a reference to a federal administrative officer means the commissioner of the Minnesota
Department of Transportation.
Subd. 2. Qualification of driver.
Code of Federal Regulations, title 49, part 391 and
appendixes D and E, are incorporated by reference except for sections 391.2;
. In addition,
cross-references to sections or paragraphs not incorporated in this subdivision are not incorporated
Subd. 3. Waiver for limb impairment.
A person who is not physically qualified to drive
under subdivision 2, but who meets the other qualifications under subdivision 2, may drive a
motor vehicle if the commissioner grants a waiver to that person. The commissioner may grant a
waiver to a person who is not physically qualified to drive under Code of Federal Regulations, title
391.41, paragraph (b)(1
) or (b)(2), according to rules adopted under section
Subd. 3a. Waiver for other medical condition.
(a) The commissioner may grant a waiver
to a person who is not physically qualified to drive under Code of Federal Regulations, title 49,
391.41, paragraph (b)(3
) to (b)(13). A waiver granted under this subdivision applies to
intrastate transportation only.
(b) A person who wishes to obtain a waiver under this subdivision must give the
commissioner the following information:
(1) the applicant's name, address, and telephone number;
(2) the name, address, and telephone number of an employer coapplicant, if any;
(3) a description of the applicant's experience in driving the type of vehicle to be operated
under the waiver;
(4) a description of the type of driving to be done under the waiver;
(5) a description of any modifications to the vehicle the applicant intends to drive under the
waiver that are designed to accommodate the applicant's medical condition or disability;
(6) whether the applicant has been granted another waiver under this subdivision;
(7) a copy of the applicant's current driver's license;
(8) a copy of a medical examiner's certificate showing that the applicant is medically
unqualified to drive unless a waiver is granted;
(9) a statement from the applicant's treating physician that includes:
(i) the extent to which the physician is familiar with the applicant's medical history;
(ii) a description of the applicant's medical condition for which a waiver is necessary;
(iii) assurance that the applicant has the ability and willingness to follow any course of
treatment prescribed by the physician, including the ability to self-monitor or manage the medical
(iv) the physician's professional opinion that the applicant's condition will not adversely
affect the applicant's ability to operate a motor vehicle safely; and
(10) any other information considered necessary by the commissioner including requiring
a physical examination or medical report from a physician who specializes in a particular field
of medical practice.
(c) In granting a waiver under this subdivision, the commissioner may impose conditions the
commissioner considers necessary to ensure that an applicant is able to operate a motor vehicle
safely and that the safety of the general public is protected.
(d) A person who is granted a waiver under this subdivision must:
(1) at intervals specified in the waiver, give the commissioner periodic reports from the
person's treating physician, or a medical specialist if the commissioner so requires in the waiver,
that contain the information described in paragraph (b), clause (9), together with a description
of any episode that involved the person's loss of consciousness or loss of ability to operate a
motor vehicle safely; and
(2) immediately report the person's involvement in an accident for which a report is required
169.09, subdivision 7
(e) The commissioner shall deny an application if, during the three years preceding the
application, the applicant's driver's license has been suspended, canceled, or revoked or the
applicant has been convicted of a disqualifying offense, as defined in Code of Federal Regulations,
title 49, section
383.51, paragraph (b)(2)
, which is incorporated by reference.
(f) The commissioner may deny an application or may immediately revoke a waiver granted
under this subdivision. Notice of the commissioner's reasons for denying an application or for
revoking a waiver must be in writing and must be mailed to the applicant's or waiver holder's last
known address by certified mail, return receipt requested. A person whose application is denied or
whose waiver is revoked is entitled to a hearing under chapter 14.
(g) A waiver granted under this subdivision expires on the date of expiration shown on the
medical examiner's certificate described in paragraph (b), clause (8).
Subd. 3b. Federal waiver, exemption.
Notwithstanding subdivisions 3 and 3a, a Minnesota
intrastate waiver is not required in Minnesota intrastate commerce if that person holds a valid
interstate waiver or comparable document for physical qualifications described in Code of Federal
Regulations, title 49, section
Subd. 4. Age requirement for driver.
Drivers of vehicles engaged in intrastate transportation
and subject to subdivision 2 must be at least 18 years of age. Drivers of vehicles subject to section
must be at least 21 years of age, except as provided in that section.
Subd. 5. Location of driver qualification file.
A carrier subject to subdivision 2 must
keep each driver's qualification file at the carrier's principal place of business for as long as a
driver is employed by that carrier and for three years after the driver leaves employment. Upon
written request to and with the written approval of the commissioner, a carrier may retain driver
qualification files at a regional or terminal office.
Subd. 6. Driving of motor vehicle.
Code of Federal Regulations, title 49, part 392, is
incorporated by reference.
Subd. 7. Parts and accessories necessary for safe operation.
Code of Federal Regulations,
title 49, part 393, is incorporated by reference. In addition, despite the first paragraph of Code of
Federal Regulations, title 49, section
, a lightweight vehicle must carry a fire extinguisher
meeting the requirements in Code of Federal Regulations, title 49, section
Subd. 8. Accident by carrier.
The definitions of "accident," "disabling damage," and
"fatality" in Code of Federal Regulations, title 49, sections 390.5 and
, are incorporated by
Subd. 9. Hours of service of driver.
Code of Federal Regulations, title 49, part 395, is
incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (l), (m), and (n) of
section 395.1 and section
of that part are not incorporated. In addition, cross-references
to sections or paragraphs not incorporated in this subdivision are not incorporated by reference.
The requirements of Code of Federal Regulations, title 49, part 395, do not apply to drivers of
Subd. 9a. Hours of service exemptions.
The federal regulations incorporated in subdivision
9 for maximum driving and on-duty time do not apply to drivers engaged in the interstate or
intrastate transportation of:
(1) agricultural commodities or farm supplies for agricultural purposes in Minnesota during
the planting and harvesting seasons from March 15 to December 15 of each year; or
(2) sugar beets during the harvesting season for sugar beets from September 1 to May 15 of
if the transportation is limited to an area within a 100-air-mile radius from the source of the
commodities or the distribution point for the farm supplies.
Subd. 10. Inspection, repair, and maintenance.
Code of Federal Regulations, title 49, part
396, is incorporated by reference, except that sections 396.9;
396.11, paragraph (d)
of that part are not incorporated.
Subd. 11. Transporting hazardous materials; driving and parking.
A person who
transports hazardous materials shall comply with this section and rules adopted under section
when that person is transporting a hazardous material, hazardous waste, or hazardous
substance in a vehicle that must be marked or placarded in accordance with Code of Federal
Regulations, title 49, section
, incorporated by reference in section
. Code of
Federal Regulations, title 49, part 397, is incorporated by reference. A petroleum transport driver
shall not park on a public street adjacent to a bridge, tunnel, dwelling, building, or place where
persons work, congregate, or assemble, except when necessary to unload.
History: 1993 c 117 s 21; 1994 c 600 s 8; 1995 c 265 art 2 s 22; 1996 c 387 s 1-3; 1996 c
456 s 22; 1997 c 230 s 7-13; 1998 c 403 s 21; 1999 c 230 s 25; 2002 c 364 s 21; 2004 c 167 s
2; 2004 c 225 s 4, 5