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2006 Minnesota Statutes

This is a historical version of this statute chapter. Also view the most recent published version.

Chapter 221. Motor Carriers

Chapter Sections
Section Headnote
221.01Repealed, Ex1957 c 17 s 31
221.011DEFINITIONS.
221.02Renumbered 221.011 subds 2-22

MOTOR CARRIERS
221.021AGGRAVATED VIOLATIONS; SANCTIONS, HEARING.
221.022EXCEPTION.
221.025EXEMPTIONS.
221.0251MOTOR CARRIER OF PROPERTY; REGISTRATION.
221.0252PASSENGER CARRIER; REGISTRATION, EXEMPTIONS.
221.026MOTOR CARRIER OF PROPERTY; EXEMPTIONS.
221.0269RELIEF FROM SAFETY REGULATION.
221.03Repealed, Ex1957 c 17 s 31
221.031INTRASTATE CARRIER; OPERATING REQUIREMENTS, EXEMPTIONS.
221.0313Repealed, 2002 c 364 s 41
221.0314FEDERAL SAFETY REGULATIONS; ADOPTION.
221.0315Repealed, 2002 c 379 art 1 s 114
221.032Repealed, 1983 c 371 s 44
221.033REGULATION OF HAZARDOUS MATERIALS.
221.0335Repealed, 1998 c 310 s 4
221.034Repealed, 2004 c 225 s 15
221.0341REPORT OF HAZARDOUS MATERIAL TRANSPORTATION INCIDENT.
221.035Repealed, 1998 c 310 s 4
221.0355UNIFORM HAZARDOUS MATERIAL AND HAZARDOUS WASTE REGISTRATION AND PERMIT REQUIREMENTS.
221.036ADMINISTRATIVE ORDERS; ENFORCEMENT, REMEDIES.
221.037HAZARDOUS MATERIALS; INFORMATION, INSPECTION.
221.04Repealed, Ex1957 c 17 s 31; 1965 c 49 s 1
221.041Repealed, 1999 c 238 art 2 s 92
221.05Repealed, Ex1957 c 17 s 31
221.051Repealed, 1999 c 238 art 2 s 92
221.06Repealed, Ex1957 c 17 s 31
221.061Repealed, 1999 c 238 art 2 s 92
221.07Repealed, 1947 c 266 s 6
221.071Repealed, 1999 c 238 art 2 s 92
221.072CLASS I CARRIER.
221.08Repealed, Ex1957 c 17 s 31
221.081Repealed, 1999 c 238 art 2 s 92
221.09Repealed, Ex1957 c 17 s 31
221.091LOCAL GOVERNMENT AUTHORITY.
221.10Repealed, Ex1957 c 17 s 31
221.101ADDITIONAL AUTHORITY TO PETROLEUM CARRIER.
221.11Repealed, Ex1957 c 17 s 31
221.111PERMIT TO OTHER MOTOR CARRIER.
221.12Repealed, Ex1957 c 17 s 31
221.121PERMIT: APPROVAL PROCESS; OPERATING AUTHORITY; FEE.
221.122ORDER GRANTING PERMIT OR CERTIFICATE; COMPLIANCE.
221.123EFFECT OF DEATH OF PERMIT HOLDER.
221.124INITIAL MOTOR CARRIER CONTACT PROGRAM.
221.13Repealed, Ex1957 c 17 s 31
221.131CARRIER VEHICLE REGISTRATION; FEES, IDENTIFICATION CARD.
221.132PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD.
221.14Repealed, Ex1957 c 17 s 31
221.141INSURANCE OR BOND.
221.15Repealed, Ex1957 c 17 s 31
221.151PERMIT ASSIGNABLE OR TRANSFERABLE.
221.152CONVERSION OF PERMIT.
221.153ARMORED CARRIER; CONVERSION OF OPERATING AUTHORITY.
221.16Repealed, Ex1957 c 17 s 31
221.161SCHEDULE OF RATES AND CHARGES.
221.165Repealed, 1Sp2003 c 19 art 2 s 79
221.17Repealed, Ex1957 c 17 s 31
221.171COMPENSATION OF PERMIT CARRIER FIXED.
221.172SHIPPING DOCUMENT.
221.173ELECTRONIC SIGNATURE.
221.175Repealed, 1947 c 266 s 7
221.178PASSENGER CARRIER; CRIMINAL BACKGROUND CHECK.
221.18Repealed, Ex1957 c 17 s 31
221.181INTERSTATE CARRIER; REGULATION.
221.185OPERATING AUTHORITY; SUSPENSION, CANCELLATION.
221.19Repealed, Ex1957 c 17 s 31
221.191Repealed, 1978 c 700 s 2
221.20Repealed, Ex1957 c 17 s 31
221.201Repealed, 1978 c 700 s 2
221.21Repealed, Ex1957 c 17 s 31
221.211Repealed, 1978 c 700 s 2
221.22Repealed, Ex1957 c 17 s 31
221.221ENFORCEMENT POWERS.
221.23Repealed, Ex1957 c 17 s 31
221.231RECIPROCAL AGREEMENT.
221.24Repealed, Ex1957 c 17 s 31
221.241TRANSPORTING FOOD FOR HUMAN CONSUMPTION.
221.25Repealed, Ex1957 c 17 s 31
221.251OVERCHARGE REFUND.
221.26Repealed, Ex1957 c 17 s 31
221.261COMPLAINT, ACTION IN DISTRICT COURT.
221.27Repealed, Ex1957 c 17 s 31
221.271LIABILITY.
221.28Repealed, Ex1957 c 17 s 31
221.281Repealed, 1999 c 238 art 2 s 92
221.29Repealed, Ex1957 c 17 s 31
221.291VIOLATIONS, MISDEMEANORS.
221.292Repealed, 1983 c 371 s 44
221.293COMPLAINT, HEARING, AND ORDER.
221.294Repealed, 1983 c 371 s 44
221.295NOTICE TO METROPOLITAN COUNCIL.
221.296LOCAL CARTAGE CARRIER.
221.30Repealed, Ex1957 c 17 s 31
221.31Repealed, Ex1957 c 17 s 31
221.32Repealed, Ex1957 c 17 s 31
221.33Repealed, Ex1957 c 17 s 31
221.34Repealed, Ex1957 c 17 s 31
221.35Repealed, Ex1957 c 17 s 31
221.36Repealed, Ex1957 c 17 s 31
221.37Repealed, Ex1957 c 17 s 31
221.38Repealed, Ex1957 c 17 s 31
221.381Repealed, Ex1957 c 17 s 31
221.39Repealed, Ex1957 c 17 s 31
221.40Repealed, Ex1957 c 17 s 31
221.41Repealed, Ex1957 c 17 s 31
221.42Repealed, Ex1957 c 17 s 31
221.43Repealed, Ex1957 c 17 s 31
221.44Repealed, Ex1957 c 17 s 31
221.45Repealed, Ex1957 c 17 s 31
221.46Repealed, Ex1957 c 17 s 31
221.465Repealed, Ex1957 c 17 s 31
221.47Repealed, Ex1957 c 17 s 31
221.48Repealed, Ex1957 c 17 s 31
221.49Repealed, Ex1957 c 17 s 31
221.50Repealed, Ex1957 c 17 s 31
221.51Repealed, Ex1957 c 17 s 31
221.52Repealed, Ex1957 c 17 s 31
221.53Repealed, Ex1957 c 17 s 31
221.54Repealed, 1Sp2003 c 19 art 2 s 79
221.55Repealed, 1Sp2003 c 19 art 2 s 79

INTERSTATE MOTOR CARRIER OPERATIONS
221.60REGISTRATION OF INTERSTATE CARRIER.
221.601AGREEMENT WITH ANOTHER STATE.
221.602INTERSTATE CARRIER REGISTRATION.
221.605COMPLIANCE BY CARRIER.
221.61Repealed, 1985 c 299 s 43
221.62Repealed, 1985 c 299 s 43
221.63Repealed, 1985 c 299 s 43
221.64Repealed, 1985 c 299 s 43
221.65RECIPROCAL AGREEMENT.
221.66Repealed, 1985 c 299 s 43
221.67SERVICE OF PROCESS.
221.68REGISTRATION VIOLATIONS; PENALTIES.

MISCELLANEOUS
221.71COMMUTER VAN; DRIVER LIABILITY.
221.81BUILDING MOVER.
221.82RECEIPTS CREDITED TO TRUNK HIGHWAY FUND.
221.83COSTS PAID FROM TRUNK HIGHWAY FUND.
221.84LIMOUSINE.
221.85Repealed, 1999 c 238 art 2 s 92
221.86PARTIAL IMMUNITY FOR MOTOR CARRIER EMPLOYER.
221.01 [Repealed, Ex1957 c 17 s 31]
221.011 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this section have
the meanings given them.
    Subd. 2. Department. "Department" means the Department of Transportation.
    Subd. 2a. Commissioner. "Commissioner" means the commissioner of transportation.
    Subd. 2b.[Repealed, 2004 c 225 s 15]
    Subd. 3. Vehicle. "Vehicle" means a vehicle or combination of vehicles used upon the
highways for the transportation of persons or property.
    Subd. 4.[Repealed, 1983 c 371 s 44]
    Subd. 5. Public highway. "Public highway" means every public street, alley, road, highway
or thoroughfare of any kind, except waterways, open to public travel and use.
    Subd. 6. Person. "Person" means any individual, firm, copartnership, cooperative, company,
association and corporation, or their lessees, trustees, or receivers. "Person" does not include the
federal government, the state, or any political subdivision.
    Subd. 7.[Repealed, 1999 c 238 art 2 s 92]
    Subd. 8. Permit. "Permit" means the license, or franchise, which may be issued to motor
carriers other than regular route common carriers of passengers, class I common carriers, and
petroleum carriers, under the provisions of this chapter, authorizing the use of the highways of
Minnesota for transportation for hire.
    Subd. 9.[Repealed, 1999 c 238 art 2 s 92]
    Subd. 10. Petroleum carrier. "Petroleum carrier" means any person engaged in the business
of transporting for hire over the public highways petroleum products in bulk in quantities in
excess of 2,000 gallons per load but it shall not include the transportation of such products
between points or places wholly within a city, or wholly within a single group of contiguous cities.
    Subd. 11.[Repealed, 1992 c 600 s 34]
    Subd. 12. Contract carrier. "Contract carrier" means a person engaged in the business of
transporting property for hire over the highways under special contracts of carriage with the
shippers or receivers of freight who require a specialized service to meet their needs.
    Subd. 13. Interstate carrier. "Interstate carrier" means any person engaged in transporting
property or passengers for hire in interstate commerce in Minnesota, from or into Minnesota, or
between any point in the state of Minnesota and the Dominion of Canada.
    Subd. 14. Permit carrier. "Permit carrier" means a motor carrier embraced within this
chapter other than regular route common carriers of passengers, class I carriers, and petroleum
carriers.
    Subd. 15. Motor carrier. "Motor carrier" means a person engaged in the for-hire
transportation of property or passengers. "Motor carrier" does not include a person providing
transportation described in section 221.025, a building mover subject to section 221.81, or a
person providing limousine service as defined in section 221.84.
    Subd. 16. For hire. "For hire" means for remuneration or compensation of any kind
promised, paid, or given to or received by a person for the transportation of persons or property
on the highways, and includes compensation obtained by a motor carrier indirectly, by subtraction
from the purchase price or addition to the selling price of property transported, when the purchase
or sale of the property is not a bona fide purchase or sale. The transportation of property by
a person who purchases it immediately before transporting it, and sells it immediately after
transporting it, is transportation for hire. The lease or rental of a motor vehicle to a person for
transportation of the person's property is transportation for hire and not private carriage when
the lessor, directly or indirectly, serves as driver or obtains or arranges for a driver under the
terms of the motor vehicle lease. For hire does not include motor vehicle operations conducted
by a private carrier.
    Subd. 17. Contiguous. "Contiguous" means having any portion of a common boundary with
another municipality or with one of a group of contiguous municipalities.
    Subd. 18. Petroleum products. "Petroleum products" means crude petroleum and natural
gas and any and all derivatives arising out of the refinement thereof, including anhydrous
ammonia and liquid fertilizer.
    Subd. 19. Service of notice and orders. "Service of notice and orders" means depositing
the notice and orders in the United States mails properly enveloped, addressed, and stamped,
provided that service of a notice or order requiring an affirmative or negative action by a person
must be by certified United States mail with return receipt.
    Subd. 20.[Repealed, 1999 c 238 art 2 s 92]
    Subd. 21.[Repealed, 1999 c 238 art 2 s 92]
    Subd. 22.[Repealed, 1983 c 371 s 44]
    Subd. 23. Household goods. "Household goods" means personal effects and property used
or to be used by the owner in the owner's dwelling; furniture, fixtures, equipment and property of
business places and institutions, public or private, when a part of the stock, equipment, supplies
or property of such establishments.
    Subd. 24. Livestock carrier. "Livestock carrier" means any person whose primary business
is the transportation of livestock.
    Subd. 25. Courier services carrier. (a) "Courier services carrier" means any person who
transports packages and articles except household goods by either:
(1) expedited delivery, which means that:
(i) shipments are made by single axle straight truck or smaller vehicle;
(ii) shipments are picked up within one hour of the shipper's initial request for service;
(iii) after shipments are picked up, delivery is made within six hours; and
(iv) there is no cross docking or overnight sorting of shipments; or
(2) overnight small package delivery, which means that:
(i) the transportation originates and ends on the same calendar day or the following business
day;
(ii) no package or article of a shipment exceeds 100 pounds per item;
(iii) the aggregate of shipments received by a single consignee from a single consignor on a
single calendar day does not exceed 400 pounds;
(iv) a vehicle at the point of delivery does not exceed 15,000 pounds gross vehicle weight;
(v) there may be cross docking or overnight sorting of shipments; and
(vi) operations of the courier services carrier may resemble operations of other types of
carriers defined in this section.
(b) Courier service carriers must maintain accurate records of each shipment picked up and
delivered, including (1) time of the request for service, (2) time of the pickup, (3) time of delivery,
(4) weight of the shipment, and (5) the specific vehicle or vehicles used to transport the shipment.
    Subd. 26. Private carrier. "Private carrier" means a person engaged in the transportation of
property or passengers by motor vehicle when:
(1) the person transporting the property or passengers is engaged in a business other than
transportation; and
(2) the transportation is within the scope of and furthers a primary business, other than
transportation, of that person.
"Private carrier" does not include a person while engaged in transportation described in
section 221.025.
    Subd. 27. Commuter van. "Commuter van" means a motor vehicle used in a ridesharing
arrangement and used principally to provide prearranged transportation of persons for a fee to or
from their place of employment or to or from a transit stop authorized by a local transit authority:
(1) when the vehicle is operated by a person who does not drive the vehicle for that person's
principal occupation but is driving it only to or from that person's principal place of employment
or to or from a transit stop authorized by a local transit authority; or
(2) when the vehicle is operated for personal use at other times by an authorized driver.
    Subd. 28. Local cartage carrier. "Local cartage carrier" means a person engaged in
transporting property or freight, other than household goods and petroleum products, for hire
when the movement is entirely within an area composed of two contiguous cities of the first class
and municipalities contiguous thereto as defined by subdivision 17.
    Subd. 29. Hazardous material. "Hazardous material" means a substance or material
determined by the United States secretary of transportation to be capable of posing an
unreasonable risk to health, safety, and property when transported in commerce, and so designated
by the United States secretary of transportation.
    Subd. 30. Hazardous substance. "Hazardous substance" has the meaning given it in Code
of Federal Regulations, title 49, section 171.8.
    Subd. 31. Hazardous waste. "Hazardous waste" has the meaning given it in Code of Federal
Regulations, title 49, section 171.8.
    Subd. 32.[Repealed, 1999 c 238 art 2 s 92]
    Subd. 33. Gross vehicle weight. "Gross vehicle weight" has the meaning given it in section
169.01, subdivision 46.
    Subd. 34.[Repealed, 1999 c 238 art 2 s 92]
    Subd. 35. Truckload freight. "Truckload freight" means freight collected by a motor carrier
(1) from one consignor at a single place and delivered directly to one or more consignees, or (2)
from one or more consignors and delivered directly to one consignee at a single place.
    Subd. 36. Less-than-truckload freight. "Less-than-truckload freight" means freight carried
by a motor carrier that is not truckload freight.
    Subd. 37. Certificated carrier. "Certificated carrier" means a motor carrier holding a
certificate of registration.
    Subd. 38. Class I carrier. "Class I carrier" means a person who has been issued a certificate
of registration.
    Subd. 39. Class II carrier. "Class II carrier" means a person who has been issued a permit
under section 221.121, subdivisions 6c to 6e, to operate as a class II carrier. Class II carrier
includes persons who have been issued either a class II-T or class II-L permit, or both.
    Subd. 40. Terminal. "Terminal" means (1) a facility that a motor carrier owns, leases, or
otherwise controls, and uses to load, unload, dispense, receive, interchange, gather, or otherwise
physically handle freight for shipment, or (2) any other location at which freight is exchanged by
motor carriers between vehicles. "Terminal" does not mean a public warehouse with a storage
capacity of at least 5,000 square feet that was licensed under chapter 231 on or before March 1,
1992.
    Subd. 41. Temperature-controlled commodity. "Temperature-controlled commodity"
means a commodity requiring protection from heat or cold that is transported with or without other
commodities, provided that all such commodities move in mechanically temperature-controlled
vehicles.
    Subd. 42. Lightweight vehicle. "Lightweight vehicle" means a vehicle with a gross vehicle
weight of 10,000 pounds or less, but does not include a vehicle transporting passengers for hire
or a vehicle transporting hazardous materials that must be placarded or marked under Code of
Federal Regulations, title 49, section 177.823.
    Subd. 43. Petroleum transport. "Petroleum transport" means a vehicle, trailer, or semitrailer
with a tank (1) that is mounted on it or made an integral part of it, other than the fuel supply tank
for the engine of that vehicle, (2) that is filled or emptied while on the vehicle, and (3) that is
used to transport petroleum products in bulk.
    Subd. 44. Armored carrier service. "Armored carrier service" means transportation of
property in armored vehicles protected by at least one armed person other than the driver.
    Subd. 45. Armored carrier. "Armored carrier" is a motor carrier engaged in providing
armored carrier service.
    Subd. 46. Bulk commodity. "Bulk commodity" means a commodity that (1) can be poured,
scooped, or shoveled into a vehicle, (2) is carried loose in that vehicle, (3) is confined by the
bottom and sides of the vehicle, and (4) is not sacked, boxed, bundled, or otherwise assembled
before delivery.
    Subd. 47. Motor carrier of property. "Motor carrier of property" means a motor carrier
engaged in the for-hire transportation of property, other than household goods, in Minnesota who
has filed a registration statement with the commissioner.
    Subd. 48. Motor carrier of passengers. "Motor carrier of passengers" means a person
engaged in the for-hire transportation of passengers in vehicles designed to transport eight or
more persons, including the driver.
    Subd. 49. Small vehicle passenger service. (a) "Small vehicle passenger service" means a
service provided by a person engaged in the for-hire transportation of passengers in a vehicle
designed to transport seven or fewer persons, including the driver.
(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small vehicle
passenger service" also includes for-hire transportation of persons who are certified by the
Metropolitan Council to use special transportation service provided under section 473.386, in a
vehicle designed to transport not more than 15 persons including the driver, that is equipped with
a wheelchair lift and at least three wheelchair securement positions.
History: Ex1957 c 17 s 1; 1959 c 376 s 1; 1965 c 523 s 1; 1969 c 870 s 1; 1971 c 25 s 67;
1971 c 74 s 2; 1971 c 631 s 1; 1973 c 123 art 5 s 7; 1973 c 367 s 1; 1973 c 754 s 2; 1975 c 313 s
4,5; 1976 c 166 s 65-69; 1976 c 233 s 9; 1979 c 50 s 23; 1980 c 428 s 1,2; 1980 c 465 s 1; 1980 c
534 s 55-57; 1981 c 209 s 7,8; 1982 c 617 s 19; 1983 c 371 s 3-18; 1984 c 520 s 1-3; 1985 c 299 s
15,16; 1986 c 444; 1989 c 318 s 7,8; 1992 c 418 s 1; 1992 c 578 s 13-17; 1992 c 600 s 1-11; 1993
c 117 s 7,8,30; 1993 c 213 s 1,2; 1994 c 603 s 19; 1994 c 635 art 1 s 17,41; 1996 c 377 s 1,2;
1999 c 238 art 2 s 35-39; 2001 c 112 s 1; 2004 c 167 s 1; 2004 c 225 s 2
221.02 [Renumbered 221.011 subds 2-22]

MOTOR CARRIERS

221.021 AGGRAVATED VIOLATIONS; SANCTIONS, HEARING.
    Subdivision 1. Registration certificate or permit required. No person may operate as
a motor carrier or advertise or otherwise hold out as a motor carrier without a certificate of
registration or permit in effect. A certificate or permit may be suspended or revoked upon
conviction of violating a provision of sections 221.011 to 221.296 or an order or rule of the
commissioner governing the operation of motor carriers, and upon a finding by the court that the
violation was willful. The commissioner may, for good cause after a hearing, suspend or revoke
a certificate or permit for a violation of a provision of sections 221.011 to 221.296 or an order
issued or rule adopted under this chapter.
    Subd. 2. Sanctions. The commissioner may suspend, revoke, or deny renewal of a certificate
of registration for (1) serious or repeated violations of this chapter, or (2) a pattern of repeated
violations of local ordinances governing traffic and parking.
    Subd. 3. Hearing. A motor carrier affected by an action of the commissioner under
subdivision 2 may, within 20 days of receipt of a notice of the commissioner's action, request an
administrative hearing by following the procedures in section 221.036, subdivision 7.
History: Ex1957 c 17 s 2; 1963 c 605 s 1; 1971 c 25 s 67; 1976 c 166 s 70; 1980 c 534 s
58; 1983 c 371 s 19; 1984 c 520 s 4; 1985 c 248 s 70; 1986 c 444; 1992 c 578 s 18; 1999 c
238 art 2 s 40; 2003 c 2 art 1 s 22
221.022 EXCEPTION.
The powers granted to the commissioner under sections 221.011 to 221.296 do not include
the power to regulate any service or vehicles operated by the Metropolitan Council or to register
passenger transportation service provided under contract to the department or the Metropolitan
Council. A provider of passenger transportation service under contract to the department or the
Metropolitan Council may not also provide service as a motor carrier of passengers without
first having registered under section 221.0252.
History: 1984 c 654 art 3 s 75; 1989 c 122 s 1; 1989 c 250 s 4; 1990 c 462 s 3; 1994 c
628 art 3 s 17; 1999 c 238 art 2 s 41
221.025 EXEMPTIONS.
The provisions of this chapter requiring a certificate or permit to operate as a motor carrier
do not apply to the intrastate transportation described below:
(1) the transportation of students to or from school or school activities in a school bus
inspected and certified under section 169.451 and the transportation of children or parents to
or from a Head Start facility or Head Start activity in a Head Start bus inspected and certified
under section 169.451;
(2) the transportation of solid waste, as defined in section 116.06, subdivision 22, including
recyclable materials and waste tires, except that the term "hazardous waste" has the meaning
given it in section 221.011, subdivision 31;
(3) a commuter van as defined in section 221.011, subdivision 27;
(4) authorized emergency vehicles as defined in section 169.01, subdivision 5, including
ambulances; and tow trucks equipped with proper and legal warning devices when picking up and
transporting (i) disabled or wrecked motor vehicles or (ii) vehicles towed or transported under a
towing order issued by a public employee authorized to issue a towing order;
(5) the transportation of grain samples under conditions prescribed by the commissioner;
(6) the delivery of agricultural lime;
(7) the transportation of dirt and sod within an area having a 50-mile radius from the home
post office of the person performing the transportation;
(8) the transportation of sand, gravel, bituminous asphalt mix, concrete ready mix, concrete
blocks or tile and the mortar mix to be used with the concrete blocks or tile, or crushed rock to or
from the point of loading or a place of gathering within an area having a 50-mile radius from
that person's home post office or a 50-mile radius from the site of construction or maintenance
of public roads and streets;
(9) the transportation of pulpwood, cordwood, mining timber, poles, posts, decorator
evergreens, wood chips, sawdust, shavings, and bark from the place where the products are
produced to the point where they are to be used or shipped;
(10) the transportation of fresh vegetables from farms to canneries or viner stations, from
viner stations to canneries, or from canneries to canneries during the harvesting, canning, or
packing season, or transporting sugar beets, wild rice, or rutabagas from the field of production to
the first place of delivery or unloading, including a processing plant, warehouse, or railroad siding;
(11) the transportation of property or freight, other than household goods and petroleum
products in bulk, entirely within the corporate limits of a city or between contiguous cities except
as provided in section 221.296;
(12) the transportation of unprocessed dairy products in bulk within an area having a
100-mile radius from the home post office of the person providing the transportation;
(13) the transportation of agricultural, horticultural, dairy, livestock, or other farm products
within an area having a 100-mile radius from the person's home post office and the carrier may
transport other commodities within the 100-mile radius if the destination of each haul is a farm;
(14) the transportation of newspapers, as defined in section 331A.01, subdivision 5,
telephone books, handbills, circulars, or pamphlets in a vehicle with a gross vehicle weight of
10,000 pounds or less; and
(15) transportation of potatoes from the field of production, or a storage site owned or
otherwise controlled by the producer, to the first place of processing.
The exemptions provided in this section apply to a person only while the person is exclusively
engaged in exempt transportation.
History: 1983 c 371 s 20; 1984 c 520 s 5; 1985 c 299 s 17; 1988 c 544 s 4; 1989 c 122 s
2; 1989 c 250 s 5; 1990 c 462 s 4; 1991 c 284 s 5; 1991 c 333 s 32; 1992 c 578 s 1,19; 1993 c
117 s 9,30; 1994 c 519 s 1; 1994 c 603 s 20; 1994 c 628 art 3 s 18; 1998 c 403 s 20; 1998 c 405
s 9; 1999 c 238 art 2 s 42; 2001 c 213 s 30
221.0251 MOTOR CARRIER OF PROPERTY; REGISTRATION.
    Subdivision 1. Registration statement. (a) A person who wishes to operate as a motor
carrier of property shall file a complete and accurate registration statement with the commissioner.
(b) A registration statement must be on a form provided by the commissioner and include:
(1) the registrant's name, including an assumed or fictitious name used by the registrant in
doing business;
(2) the registrant's mailing address and business telephone number;
(3) the registrant's federal employer identification number and Minnesota business
identification number and the identification numbers, if any, assigned to the registrant by the
United States Department of Transportation, the former Interstate Commerce Commission, or the
Environmental Protection Agency;
(4) the name, title, and telephone number of the individual who is principally responsible for
the operation of the registrant's transportation business;
(5) the principal location from which the registrant conducts its transportation business and
where the records required by this chapter will be kept;
(6) if different from clause (5), the location in Minnesota where the records required by this
chapter will be available for inspection and copying by the commissioner;
(7) whether the registrant transports hazardous materials or hazardous waste;
(8) whether the registrant's business is a corporation, partnership, limited liability partnership,
limited liability company, or sole proprietorship; and
(9) if the registrant is a foreign corporation authorized to transact business in Minnesota, the
state of incorporation and the name and address of its registered agent.
    Subd. 2. Signature required. A registration statement may be signed only by a corporate
officer, general partner, limited liability company board member, or sole proprietor. A signature
must be notarized.
    Subd. 3. Certificate of registration; issuance; location. (a) The commissioner shall issue a
certificate of registration to a registrant who has filed a registration statement that complies with
subdivisions 1 and 2 and paid the required fee, has a satisfactory safety rating and, if applicable,
has complied with the financial responsibility requirements in section 221.141. The commissioner
may not issue a certificate of registration to a registrant who has an unsatisfactory safety rating.
(b) A certificate of registration must be numbered and bear an effective date.
(c) A certificate of registration must be kept at the registrant's principal place of business.
    Subd. 4. Duration. A certificate of registration is not assignable or transferable and is valid
until it is suspended, revoked, or canceled.
    Subd. 5. Obligation to keep information current. A registrant shall notify the commissioner
in writing of any change in the information described in subdivision 1.
History: 1996 c 377 s 3; 1999 c 238 art 2 s 43; 2003 c 2 art 4 s 7
221.0252 PASSENGER CARRIER; REGISTRATION, EXEMPTIONS.
    Subdivision 1. Filing required. A person who wishes to operate as a motor carrier of
passengers must file with the commissioner a complete and accurate federal motor carrier
identification report form MCS-150. In addition, a person must file a vehicle registration form
prescribed by the commissioner describing the make, model, number of passengers the vehicle
is designed to transport as determined by the vehicle's manufacturer, and license plate and
vehicle identification number of each vehicle that the registrant will be using in those operations
for which registration is required.
    Subd. 2. Signature required. A form required under this section may be signed only by a
corporate officer, general partner, limited liability company board member, or sole proprietor.
    Subd. 3. Audit; inspection. (a) Within 90 days of issuing a new certificate of registration to
a carrier under this section, and before issuing an annual renewal of a certificate of registration,
the commissioner shall:
(1) conduct an audit of the carrier's records;
(2) inspect the vehicles the carrier uses in its motor carrier operation to determine if they
comply with the federal regulations incorporated in section 221.0314 or accept for filing proof
that a complete vehicle inspection was conducted within the previous one year by a commercial
vehicle inspector of the Department of Public Safety or an inspector certified by the commissioner
of public safety under section 169.781;
(3) verify that the carrier has a designated office in Minnesota where the books and files
necessary to conduct business and the records required by this chapter are kept and made available
for inspection by the commissioner;
(4) audit the carrier's drivers' criminal background and safety records; and
(5) verify compliance with the insurance requirements of section 221.141.
(b) To streamline the audit process and to reduce the regulatory burden on carriers, the
commissioner may reduce the number of vehicle inspections and records audited under paragraph
(a) if the commissioner has sufficient information from federal and state motor carrier safety
data about a carrier's operations to determine a carrier's safety fitness as described in Code of
Federal Regulations, title 49, section 385.7. At a minimum, the commissioner must conduct the
record audit in paragraph (a) once in four years.
(c) The commissioner and the commissioner of public safety shall, through an interagency
agreement, coordinate vehicle inspection activities to avoid duplication of annual vehicle
inspections to minimize the burden of compliance on carriers and to maximize the efficient
use of state resources.
    Subd. 4. Certificate of registration; requirements, issuance, duration. (a) The
commissioner shall issue a certificate of registration to a carrier who (1) does not have an
unsatisfactory safety rating, (2) has complied with subdivisions 1 and 2, (3) has paid the required
fee, (4) in the case of an annual renewal, has been audited and inspected under subdivision 3, and
(5) has complied with the financial responsibility requirements in section 221.141.
(b) A photocopy of the carrier's certificate of registration must be carried in each vehicle
operated under the registration and must be made available to the department and other law
enforcement officials upon request.
(c) Registration under this section is not assignable or transferable and is valid until it expires
or is suspended, revoked, or canceled, whichever occurs first. A registration is valid for one
year from the date issued.
    Subd. 5. Suspension for unsatisfactory safety rating. Following the procedures in section
221.185, the commissioner shall immediately suspend the registration of a carrier who receives an
unsatisfactory safety rating. The commissioner shall conduct one follow-up compliance audit
to determine if the carrier's safety rating should be changed or the suspension rescinded within
30 days of receiving a written request from the carrier. Additional compliance reviews may be
conducted at the commissioner's discretion.
    Subd. 6. Annual renewal. A carrier registered under this section must renew its registration
each year on a form prescribed by the commissioner. The commissioner shall develop and
implement an expedited renewal process to minimize the burden on motor carriers.
    Subd. 7. Exemptions from regulation. Notwithstanding any other law, motor carriers of
passengers are exempt from sections 221.121; 221.122; 221.123; 221.151; 221.161; and 221.171.
History: 1999 c 238 art 2 s 44; 2000 c 479 art 1 s 21; 2002 c 364 s 20
221.026 MOTOR CARRIER OF PROPERTY; EXEMPTIONS.
    Subdivision 1. Registration. No person may engage in the for-hire transportation of
property, other than household goods, in Minnesota unless the person has filed a registration
statement with the commissioner on a form the commissioner prescribes.
    Subd. 2. Exemptions from requirements. Notwithstanding any other law, a motor carrier
of property is exempt from sections 221.021; 221.072; 221.121; 221.122; 221.123; 221.131;
221.132; 221.151; 221.161; 221.172, subdivisions 3 to 8; 221.185, except as provided in
subdivision 4; and 221.296. The exemptions in this subdivision do not apply to a motor carrier of
property while transporting household goods.
    Subd. 3. Safety regulations. A motor carrier of property is subject to those federal
regulations incorporated by reference in section 221.0314, unless exempted from those regulations
by section 221.031.
    Subd. 4. Suspension and cancellation of registration. The commissioner shall suspend or
cancel, following the procedures for suspension or cancellation in section 221.185, the registration
of a motor carrier of property who fails to file with the commissioner or maintain the insurance
or bond required under section 221.141. A person may not engage in the for-hire transportation
of property, other than household goods, in Minnesota while the person's registration is under
suspension or cancellation under this subdivision.
    Subd. 5. Local regulation. Section 221.091 applies to registration statements under this
section to the same extent that it applies to certificates and permits issued by the board.
History: 1996 c 377 s 4; 1999 c 238 art 2 s 45
221.0269 RELIEF FROM SAFETY REGULATION.
    Subdivision 1. Governor may grant relief. The governor may declare an emergency and
grant relief from any of the regulations incorporated in section 221.0314 to carriers and drivers
operating motor vehicles in Minnesota to provide emergency relief during the emergency. The
relief granted may not exceed the duration of the motor carrier's or driver's direct assistance in
providing emergency relief, or 30 days from the date of the initial declaration of the emergency,
whichever is less.
    Subd. 2. Extension of relief. On request of a carrier or driver, the commissioner may extend
the 30-day relief period in subdivision 1. A request for extension must be in writing and must
give a detailed explanation of the reasons for requesting additional relief. The commissioner shall
consider the severity of the ongoing emergency and the nature of the relief services to be provided
by the motor carrier or driver in determining whether to grant an extension. If the commissioner
decides to grant an extension, the extension must include a new time limit and may include any
restrictions on the carrier or driver the commissioner considers necessary.
    Subd. 3. Termination of relief efforts. (a) Upon termination of direct assistance to an
emergency relief effort, a carrier or driver is subject to the requirements of section 221.0314,
except that a driver may return empty to a carrier's terminal or the driver's normal work reporting
location without complying with that section. A driver who informs the carrier that the driver
needs immediate rest must be permitted at least eight consecutive hours off duty before the driver
is required to return to the terminal or location. Having returned to the terminal or other location,
the driver must be relieved of all duty and responsibilities.
(b) When a driver has been relieved of all duty and responsibilities upon termination of direct
assistance to an emergency relief effort, no carrier shall permit or require any driver used by it to
drive nor shall any such driver drive in commerce until the driver:
(1) has met the requirements of Code of Federal Regulations, title 49, section 395.3,
paragraph (a); and
(2) has had at least 34 consecutive hours off duty if (i) the driver has been on duty for more
than 60 hours in any seven consecutive days at the time the driver is relieved of all duty if the
employing carrier does not operate every day in the week, or (ii) the driver has been on duty for
more than 70 hours in any eight consecutive days at the time the driver is relieved of all duty if
the employing carrier operates every day in the week.
(c) For purposes of this section, direct assistance to an emergency relief effort terminates
when a driver or commercial motor vehicle is used to transport cargo not destined for the
emergency relief effort, or when the carrier dispatches that driver or vehicle to another location
to begin operations in commerce.
History: 1996 c 377 s 5; 2004 c 225 s 3
221.03 [Repealed, Ex1957 c 17 s 31]
221.031 INTRASTATE CARRIER; OPERATING REQUIREMENTS, EXEMPTIONS.
    Subdivision 1. Powers, duties, reports, limitations. (a) This subdivision applies to motor
carriers engaged in intrastate commerce.
(b) The commissioner shall prescribe rules for the operation of motor carriers, including their
facilities; accounts; leasing of vehicles and drivers; service; safe operation of vehicles; equipment,
parts, and accessories; hours of service of drivers; driver qualifications; accident reporting;
identification of vehicles; installation of safety devices; inspection, repair, and maintenance; and
proper automatic speed regulators if, in the opinion of the commissioner, there is a need for
the rules.
(c) The commissioner shall direct the repair and reconstruction or replacement of an
inadequate or unsafe motor carrier vehicle or facility. The commissioner may require the
construction and maintenance or furnishing of suitable and proper freight terminals, passenger
depots, waiting rooms, and accommodations or shelters in a city in this state or at a point on the
highway traversed which the commissioner, after investigation by the department, may deem just
and proper for the protection of passengers or property.
(d) The commissioner shall require holders of household goods mover permits to file annual
and other reports including annual accounts of motor carriers, schedules of rates and charges, or
other data by motor carriers, regulate motor carriers in matters affecting the relationship between
them and the traveling and shipping public, and prescribe other rules as may be necessary to carry
out the provisions of this chapter.
(e) A motor carrier subject to paragraph (d) but having gross revenues from for-hire
transportation in a calendar year of less than $200,000 may, at the discretion of the commissioner,
be exempted from the filing of an annual report, if instead the motor carrier files an abbreviated
annual report, in a form as may be prescribed by the commissioner, attesting that the motor
carrier's gross revenues did not exceed $200,000 in the previous calendar year. Motor carrier
gross revenues from for-hire transportation, for the purposes of this subdivision only, do not
include gross revenues received from the operation of school buses as defined in section 169.01,
subdivision 6
.
(f) The commissioner shall enforce sections 169.781 to 169.783.
    Subd. 2. Private carriers; operating requirements, exemptions. (a) This subdivision
applies to private carriers engaged in intrastate commerce.
(b) Private carriers operating vehicles with a gross vehicle weight of more than 10,000
pounds shall comply with those federal regulations incorporated by reference in:
(1) section 221.0314, subdivisions 2 to 5, for driver qualifications;
(2) section 221.0314, subdivision 9, for hours of service of drivers;
(3) section 221.0314, subdivision 6, for driving of motor vehicles;
(4) section 221.0314, subdivision 7, for parts and accessories necessary for safe operation;
and
(5) section 221.0314, subdivision 10, for inspection, repair, and maintenance.
(c) The rules for hours of service of drivers do not apply to private carriers who are (1)
public utilities as defined in section 216B.02, subdivision 4; (2) cooperative electric associations
organized under chapter 308A; (3) telephone companies as defined in section 237.01, subdivision
7
; or (4) engaged in the transportation of construction materials, tools and equipment from shop to
job site or job site to job site, for use by the private carrier in the new construction, remodeling, or
repair of buildings, structures or their appurtenances.
(d) The rules for driver qualifications and hours of service of drivers do not apply to vehicles
controlled by a farmer and operated by a farmer or farm employee to transport agricultural
products, farm machinery, or supplies to or from a farm if the vehicle is not used in the operations
of a motor carrier and not carrying hazardous materials of a type or quantity that requires the
vehicle to be marked or placarded in accordance with section 221.033.
(e) The rules for driver qualifications do not apply to a driver employed by a private carrier
while operating a lightweight vehicle.
    Subd. 2a. Agricultural exemptions. (a) Notwithstanding the provisions of subdivision 2,
private carriers engaged in intrastate commerce and operating vehicles transporting agricultural
and other farm products within an area having a 50-mile radius from the business location of
the private carrier must comply only with the rules for driver qualifications; driving of motor
vehicles; and parts and accessories necessary for safe operation, except as provided in paragraphs
(b) and (c).
(b) A rear-end dump truck or other rear-unloading truck while being used for hauling
agricultural and other farm products from a place of production or on-farm storage site to a
place of processing or storage, is not subject to any rule of the commissioner requiring rear-end
protection, including a federal regulation adopted by reference.
(c) A private carrier operating a commercial motor vehicle as defined in section 169.781,
subdivision 1
, must comply with sections 169.781 to 169.783.
    Subd. 2b. Other exemptions. From August 1, 1992, to August 1, 1994, the rules for hours
of service of drivers do not apply to a person exclusively engaged in the transportation of
asphalt cement, cementitious material, fly ash, or sod, construction debris, and solid waste when
transported by a transfer driver, when the transportation is provided within a radius of 100 miles
from (1) the person's home post office, or (2) a highway construction or maintenance site where
the asphalt cement, cementitious material, fly ash, or sod is being used.
    Subd. 3. Vehicle over 10,000 pounds not exempt. (a) This subdivision applies to persons
engaged in intrastate commerce who operate vehicles providing transportation described in
section 221.025 with a gross vehicle weight in excess of 10,000 pounds, except school buses,
commuter vans, and authorized emergency vehicles.
(b) Persons providing transportation described in section 221.025, clause (6), (10), (12), or
(13), must comply with the rules for driving of motor vehicles and for parts and accessories
necessary for safe operation.
(c) Persons providing transportation described in section 221.025, except for persons
providing transportation described in clause (6), (10), (12), or (13), must comply with the rules for
driving of motor vehicles; parts and accessories necessary for safe operation; and, after August 1,
1994, the rules for driver qualifications.
    Subd. 3a. Contractor or recipient of transportation assistance. (a) Notwithstanding
subdivision 3, providers of passenger transportation service under contract to and with operating
assistance from the department or the Metropolitan Council must comply with rules for driver
qualifications; driving of motor vehicles; parts and accessories necessary for safe operation;
hours of service of drivers; inspection, repair, and maintenance; and the rules adopted in section
221.0314, subdivision 8, for accident reporting.
(b) This subdivision does not apply to (1) a local transit commission, (2) a transit authority
created by the legislature, (3) special transportation service certified by the commissioner under
section 174.30, or (4) special transportation service defined in section 174.29, subdivision 1, when
provided by a volunteer driver operating a private passenger vehicle defined in section 169.01,
subdivision 3a
.
    Subd. 3b. Passenger transportation; exemptions. (a) A person who transports passengers
for hire in intrastate commerce, who is not made subject to the rules adopted in section 221.0314
by any other provision of this section, must comply with the rules for hours of service of drivers
while transporting employees of an employer who is directly or indirectly paying the cost of the
transportation.
(b) This subdivision does not apply to:
(1) a local transit commission;
(2) a transit authority created by law; or
(3) persons providing transportation:
(i) in a school bus as defined in section 169.01, subdivision 6;
(ii) in a Head Start bus as defined in section 169.01, subdivision 80;
(iii) in a commuter van;
(iv) in an authorized emergency vehicle as defined in section 169.01, subdivision 5;
(v) in special transportation service certified by the commissioner under section 174.30;
(vi) that is special transportation service as defined in section 174.29, subdivision 1, when
provided by a volunteer driver operating a private passenger vehicle as defined in section 169.01,
subdivision 3a
;
(vii) in a limousine the service of which is licensed by the commissioner under section
221.84; or
(viii) in a taxicab, if the fare for the transportation is determined by a meter inside the taxicab
that measures the distance traveled and displays the fare accumulated.
    Subd. 3c. Solid waste transporter not exempt. Persons providing transportation described
in section 221.025, clause (2), must comply with the rules for driver qualifications after August 1,
1994; hours of service of drivers; driving of motor vehicles; parts and accessories necessary for
safe operation; and inspection, repair, and maintenance. A local government unit, as defined in
section 115A.03, subdivision 17, shall not enact or enforce laws, ordinances, or regulations for
the operation of solid waste transporters that are inconsistent with the rules adopted in section
221.0314.
    Subd. 4.[Repealed, 1984 c 520 s 26]
    Subd. 5. Department investigates. The department shall investigate the operation of carriers
subject to the rules adopted in section 221.0314, their compliance with rules of the commissioner
and with the provisions of this chapter, and may institute and prosecute actions and proceedings in
the proper district court for enforcement of those rules.
    Subd. 6. Vehicle identification rule. (a) The following carriers shall display the carrier's
name and address on the power unit of each vehicle:
(1) motor carriers, regardless of the weight of the vehicle, except that this requirement
does not apply to a limousine as defined in section 168.011, subdivision 35, that is equipped
with "LM" license plates;
(2) interstate and intrastate private carriers operating vehicles with a gross vehicle weight
of more than 10,000 pounds; and
(3) vehicles providing transportation described in section 221.025 with a gross vehicle
weight of more than 10,000 pounds except those providing transportation described in section
221.025, clauses (1), (3), and (4).
Vehicles described in clauses (2) and (3) that are operated by farmers or farm employees and
have four or fewer axles are not required to comply with the vehicle identification rule of the
commissioner.
(b) Vehicles subject to this subdivision must show the name or "doing business as" name of
the carrier operating the vehicle and the community and abbreviation of the state in which the
carrier maintains its principal office or in which the vehicle is customarily based. If the carrier
operates a leased vehicle, it may show its name and the name of the lessor on the vehicle, if the
lease relationship is clearly shown. If the name of a person other than the operating carrier appears
on the vehicle, the words "operated by" must immediately precede the name of the carrier.
(c) The name and address must be in letters that contrast sharply in color with the
background, be readily legible during daylight hours from a distance of 50 feet while the vehicle
is stationary, and be maintained in a manner that retains the legibility of the markings. The name
and address may be shown by use of a removable device if that device meets the identification
and legibility requirements of this subdivision.
    Subd. 7. Medical examiner's certificate; passenger carrier driver. While in the state, the
driver for a motor carrier of passengers engaged in intrastate commerce who has in possession a
license with a school bus endorsement under section 171.321 or rules of the commissioner of
public safety is not required to have in possession or to present a separate medical examiner's
certificate otherwise required by Code of Federal Regulations, title 49, sections 391.41 to 391.49.
    Subd. 8. Driveaway-towaway exemption. For purposes of regulating commercial motor
vehicles as defined in section 169.781, subdivision 1, the exemption provided in Code of
Federal Regulations, title 49, section 396.11, paragraph (d), applies in Minnesota only to
driveaway-towaway operations.
    Subd. 9. Out-of-service criteria adopted by reference. The North American Uniform
Driver, Vehicle, and Hazardous Materials Out-Of-Service Criteria developed and adopted by the
Federal Highway Administration and the Commercial Vehicle Safety Alliance are adopted in
Minnesota.
    Subd. 10. Controlled substance and alcohol use and testing exemption. A person who
or political subdivision of the state which is required to comply with the alcohol and controlled
substances testing requirements of Code of Federal Regulations, title 49, part 219, 382, 653, or
654, is exempt from sections 181.950 to 181.957 if the testing also complies with the procedures
for transportation workplace drug and alcohol testing programs in Code of Federal Regulations,
title 49, part 40.
History: Ex1957 c 17 s 3; 1965 c 120 s 1; 1969 c 1031 s 4; 1971 c 25 s 67; 1973 c 123 art 5
s 7; 1976 c 166 s 71; 1980 c 465 s 2; 1980 c 534 s 59; 1981 c 209 s 9; 1983 c 371 s 21; 1984 c 520
s 6-9; 1985 c 299 s 18,19; 1987 c 54 s 1; 1988 c 544 s 5-9; 1989 c 118 s 1; 1989 c 122 s 3; 1989 c
318 s 9; 1989 c 356 s 11,23,24; 1990 c 372 s 1; 1990 c 462 s 5; 1990 c 563 s 4-6; 1990 c 588 s 1;
1991 c 333 s 33; 1992 c 568 s 2; 1992 c 578 s 20-27; 1993 c 117 s 10-19; 1994 c 603 s 21; 1994 c
628 art 3 s 19; 1995 c 265 art 2 s 21; 1996 c 377 s 6; 1999 c 238 art 2 s 46-49; 2001 c 213 s 30
221.0313 [Repealed, 2002 c 364 s 41]
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 221.025 must comply with the federal regulations incorporated
in this section to the extent required by section 221.031. 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
Transportation; and
(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; 391.11, paragraph
(b)(1)
; 391.47; 391.49; 391.62; 391.64; 391.67; 391.68; 391.69; 391.71; and 391.73. In addition,
cross-references to sections or paragraphs not incorporated in this subdivision are not incorporated
by reference.
    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
49, section 391.41, paragraph (b)(1) or (b)(2), according to rules adopted under section 221.031.
    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,
section 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
condition; and
(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
under section 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 391.41.
    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
221.033 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 393.95, a lightweight vehicle must carry a fire extinguisher
meeting the requirements in Code of Federal Regulations, title 49, section 393.95.
    Subd. 8. Accident by carrier. The definitions of "accident," "disabling damage," and
"fatality" in Code of Federal Regulations, title 49, sections 390.5 and 390.15, are incorporated by
reference.
    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 395.13 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
lightweight vehicles.
    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
each year;
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); 396.17;
396.19; 396.21; and 396.23 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
221.031 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 172.504, incorporated by reference in section 221.033. 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
221.0315 [Repealed, 2002 c 379 art 1 s 114]
221.032 [Repealed, 1983 c 371 s 44]
221.033 REGULATION OF HAZARDOUS MATERIALS.
    Subdivision 1. Requirements. Except as provided in subdivisions 2 to 3, no person may
transport or offer or accept for transportation within the state of Minnesota a hazardous material,
hazardous substance, or hazardous waste except in compliance with United States Code, title 49,
sections 5101 to 5126 and the provisions of Code of Federal Regulations, title 49, parts 171 to
199. Those provisions apply to transportation in intrastate commerce to the same extent they
apply to transportation in interstate commerce.
    Subd. 2. Exemption for farmer. (a) This subdivision applies to persons engaged in
intrastate commerce.
(b) Farmers or their employees transporting diesel fuel, gasoline, agricultural chemicals, or
agricultural fertilizers for use on the transporter's farm are not required to comply with the rules
adopted in section 221.0314, subdivisions 2 to 5, for driver qualifications or with the shipping
paper requirements of the Code of Federal Regulations, title 49, sections 172.200 and 177.817 or
with section 397.7(B) or 397.9(A) of the Federal Motor Carrier Safety Regulations when:
(1) transporting diesel fuel or gasoline in motorized tank truck vehicles of less than
1,500-gallon capacity owned by the transporter, or in tanks securely mounted in other motor
vehicles with a gross vehicle weight of less than 10,000 pounds and owned by the transporter; or
(2) transporting agricultural chemicals and agricultural fertilizers.
    Subd. 2a. Agriculturally related exemption. (a) This subdivision applies to persons
engaged in intrastate commerce.
(b) Fertilizer and agricultural chemical retailers or their employees are exempt from the rule
in section 221.0314, subdivision 4, requiring that drivers must be at least 21 years of age when:
(1) the retailer or its employee is transporting fertilizer or agricultural chemicals directly to a
farm for on-farm use within a radius of 50 miles of the retailer's business location; and
(2) the driver employed by the retailer is at least 18 years of age.
    Subd. 2b. Cargo tank. (a) The requirements in Code of Federal Regulations, title 49,
sections 180.405, paragraphs (b), (c), (g), (h), and (j) and 180.407, paragraphs (c), (d), clause (1),
(e), (f), (g), (h), and (i) do not apply to cargo tanks of up to 3,500 gallons capacity that transport
gasoline in intrastate commerce if before providing transportation under this subdivision:
(1) the owner or operator of the cargo tank provides the commissioner with evidence that the
cargo tank was manufactured according to the cargo tank specification regulations in Code of
Federal Regulations, title 49, sections 178.340 to 178.341-7, as amended through November 1,
1985;
(2) a copy of the evidence described in clause (1) is kept in the vehicle to which the cargo
tank is attached; and
(3) the manufacturer's metal certification plate is removed from the cargo tank or covered.
(b) A cargo tank operated under this subdivision must:
(1) be visually inspected annually by a person authorized to perform such inspections under
Code of Federal Regulations, title 49, section 180.409, and a copy of the annual inspection must
be kept in the vehicle; and
(2) be visually inspected monthly by the operator in a manner prescribed by the
commissioner, and a copy of each monthly inspection must be kept at the operator's principal
place of business for at least one year beyond the date of the inspection.
(c) No person may operate a cargo tank described in this subdivision that (1) violates
paragraph (a) or (b), or (2) leaks gasoline from any portion of the tank that regularly contains
gasoline.
(d) The commissioner shall keep a record of persons who provide the evidence described in
this subdivision.
    Subd. 2c. Age of petroleum tank truck driver. A driver of a motorized tank truck vehicle
having a capacity of less than 3,500 gallons, who is engaged in the intrastate transportation of
petroleum products, must be at least 18 years of age.
    Subd. 2d. Age of driver under federal materials-of-trade regulation. A driver of a
self-propelled or towed motor vehicle transporting no hazardous material other than materials of
trade, as defined in Code of Federal Regulations, title 49, section 171.8, must be at least 18 years
of age. This subdivision does not apply unless the transportation conforms to the requirements of
Code of Federal Regulations, title 49, section 173.6.
    Subd. 3. [Repealed, 2004 c 225 s 15]
    Subd. 4.MS 1992 [Repealed, 1994 c 589 s 8]
    Subd. 4.MS 1996 [Repealed, 1998 c 310 s 8]
History: 1983 c 371 s 22; 1985 c 248 s 70; 1985 c 299 s 20; 1986 c 398 art 24 s 1; 1986 c
454 s 27; 1990 c 588 s 2; 1991 c 298 art 4 s 10; 1991 c 333 s 34; 1992 c 578 s 29-32; 1993 c
117 s 22,23; 1994 c 589 s 3,4; 1996 c 387 s 4; 1996 c 456 s 23; 1999 c 230 s 26; 2004 c 225
s 6; 2006 c 234 s 3
221.0335 [Repealed, 1998 c 310 s 4]
221.034 [Repealed, 2004 c 225 s 15]
221.0341 REPORT OF HAZARDOUS MATERIAL TRANSPORTATION INCIDENT.
A person who is subject to Code of Federal Regulations, title 49, parts 171 through 185, shall
immediately notify by telephone the Minnesota duty officer pursuant to section 115E.09 if any of
the following events occur in Minnesota during the course of transportation in commerce:
(1) a hazardous materials incident as listed in Code of Federal Regulations, title 49, section
171.15, paragraph (b);
(2) an unintentional release of hazardous materials from a package as defined in Code of
Federal Regulations, title 49, section 171.08; or
(3) a discovery of an undeclared hazardous material as defined by Code of Federal
Regulations, title 49, section 171.08.
History: 2004 c 225 s 7
221.035 [Repealed, 1998 c 310 s 4]
221.0355 UNIFORM HAZARDOUS MATERIAL AND HAZARDOUS WASTE
REGISTRATION AND PERMIT REQUIREMENTS.
    Subdivision 1. Purpose. The purpose of this section is to enable Minnesota to participate in
establishing, implementing, and administering a uniform registration and permitting program for
persons who transport or ship hazardous material or hazardous waste by motor vehicle on the
public highways in interstate or intrastate commerce. The program's procedures and requirements
must conform to those contained in the report submitted to the secretary of transportation pursuant
to the "Hazardous Materials Transportation Uniform Safety Act of 1990," United States Code,
title 49 appendix, section 1819, subsection (c).
    Subd. 2. Definitions. For purposes of this section, the following words and phrases have
the meanings given them in this subdivision:
(a) "Base state" means the state selected by a carrier according to the procedures established
by the uniform program.
(b) "Base state agreement" means the agreement between participating states electing to
register or permit carriers of hazardous material or hazardous waste.
(c) "Carrier" means a person who operates a motor vehicle used to transport hazardous
material or hazardous waste.
(d) "Designated hazardous material" means a hazardous material described in Code of
Federal Regulations, title 49, section 107.601, which is incorporated by reference.
(e) "Hazardous material" means:
(1) a hazardous material when the hazardous material is of a type or in a quantity that
requires the transport vehicle to be placarded in accordance with Code of Federal Regulations,
title 49, part 172; or
(2) a hazardous substance or marine pollutant when transported in bulk packaging as defined
in Code of Federal Regulations, title 49, section 171.8, which is incorporated by reference.
(f) "Hazardous material transportation" means the transportation of hazardous material or
hazardous waste, or both, on the public highways.
(g) "Hazardous waste" means hazardous waste of a type and amount that requires the
shipment to be accompanied by a uniform hazardous waste manifest described in Code of
Federal Regulations, title 40, part 262, including state-designated hazardous wastes when a list
of state-designated hazardous wastes has been filed by the state with the national repository
under the uniform program.
(h) "Participating state" means a state electing to participate in the uniform program by
entering a base state agreement.
(i) "Person" means an individual, firm, copartnership, cooperative, company, association,
limited liability company, corporation, or public entity.
(j) "Public entity" means a carrier who is a federal or state agency or political subdivision.
(k) "Shipper" means a person who offers a designated hazardous material to another person
for shipment or who causes a designated hazardous material to be transported or shipped by
another person.
(l) "Uniform application" means the uniform motor carrier registration and permit application
form established under the uniform program.
(m) "Uniform program" means the Uniform State Hazardous Materials Transportation Motor
Carrier Registration and Permit Program established in the report submitted to the secretary of
transportation pursuant to the "Hazardous Materials Transportation Uniform Safety Act of 1990,"
United States Code, title 49 appendix, section 1819, subsection (c).
    Subd. 3. General requirements; exceptions. Except as provided in subdivision 17, after
October 1, 1994:
(a) No carrier, other than a public entity, may transport a hazardous material by motor
vehicle in Minnesota unless it has complied with subdivision 4.
(b) No carrier, other than a public entity, may transport a hazardous waste in Minnesota
unless it has complied with subdivisions 4 and 5.
(c) No shipper may offer a designated hazardous material for shipment or cause a designated
hazardous material to be transported or shipped in Minnesota unless it has complied with
subdivision 7.
(d) No carrier, other than a public entity, may transport a designated hazardous material by
rail or water in Minnesota unless it has complied with subdivision 7a.
(e) No public entity may transport a hazardous material or hazardous waste by motor vehicle
in Minnesota unless it has complied with subdivision 8.
(f) A carrier registered under this section, who exclusively offers designated materials
for shipment only in vehicles controlled or operated by that carrier and who does not offer
hazardous materials to other private or for-hire carriers, is not required to register as a shipper
under subdivision 7.
    Subd. 4. Hazardous material registration and permit. (a) A carrier with its principal
place of business in Minnesota or that designates Minnesota as its base state, shall register
its hazardous material transportation with and obtain a permit from the commissioner before
transporting a hazardous material or hazardous waste in Minnesota. A carrier that designates
another participating state as its base state shall register its hazardous material transportation
with and obtain a permit from that state before transporting a hazardous material or hazardous
waste in Minnesota.
(b) A carrier who engages in the interstate transportation of a hazardous material and who is
required to register its hazardous material transportation in Minnesota shall file parts I and II of
the uniform application with the commissioner and pay an administrative processing fee of $50
and an apportioned vehicle registration fee. The amount of the apportioned vehicle registration fee
must be calculated under subdivision 6. A carrier who engages only in the intrastate transportation
of a hazardous material, excluding hazardous waste, and who is required to register its hazardous
material transportation in Minnesota shall file part I of the uniform application, pay a vehicle
registration fee of $15 for each vehicle it operates, and pay no apportioned fee.
(c) Upon a carrier's compliance with this subdivision, the commissioner shall issue a notice
of registration form and a permit to the carrier. A notice of registration form must include a
company registration number. A registration is valid for one year from the date a notice of
registration form is issued and a permit is valid for three years from the date issued or until a
carrier fails to renew its registration, whichever occurs first.
(d) A registered carrier shall maintain a copy of the notice of registration form and the permit
in each vehicle it uses to transport a hazardous material or hazardous waste.
(e) A carrier with a permit shall annually certify that its current operations are not
substantially different from its operations on the date it obtained its permit and shall recertify
its compliance with applicable laws and regulations in part II of the uniform application when it
renews its registration under this subdivision. Failure to comply with the certifications in part
II is prohibited.
    Subd. 5. Hazardous waste transporter. (a) A carrier with its principal place of business in
Minnesota or who designates Minnesota as its base state shall file a disclosure statement with and
obtain a permit from the commissioner that specifically authorizes the transportation of hazardous
waste before transporting a hazardous waste in Minnesota. A carrier that designates another
participating state as its base state shall file a disclosure statement with and obtain a permit from
that state that specifically authorizes the transportation of hazardous waste before transporting
a hazardous waste in Minnesota. A registration is valid for one year from the date a notice of
registration form is issued and a permit is valid for three years from the date issued or until a
carrier fails to renew its registration, whichever occurs first.
(b) A disclosure statement must include the information contained in part III of the uniform
application. The commissioner shall not issue a notice of registration or permit to a hazardous
waste transporter who has not made a full and accurate disclosure of the required information or
paid the fees required by this subdivision. Making a materially false or misleading statement in a
disclosure statement is prohibited.
(c) The commissioner shall assess a carrier the actual costs incurred by the commissioner
for conducting the uniform program's required investigation of the information contained in a
disclosure statement.
    Subd. 6. Apportioned vehicle registration fee calculation. (a) An apportioned vehicle
registration fee shall be equal to the percentage of Minnesota transportation multiplied by the
percentage of hazardous material transportation multiplied by the total number of vehicles the
carrier operates multiplied by a per-vehicle fee of $30.
(b) A carrier shall calculate its percentage of Minnesota transportation and its percentage of
hazardous material transportation as follows:
(1) A carrier shall determine its percentage of Minnesota transportation by dividing the
number of miles it traveled in Minnesota under the international registration plan, pursuant
to section 168.187, during the previous year, by the number of miles it traveled in the United
States and Canada under the international registration plan during the previous year. If a carrier
operated only in Minnesota, it must use 100 percent of the miles traveled as its percentage of
Minnesota transportation. If a carrier does not register its vehicles through the international
registration plan, it must calculate the number of miles traveled in the manner required under the
international registration plan. If a carrier operates more than one fleet under the international
registration plan the carrier must add all miles traveled by all vehicles in all fleets to calculate its
mileage. A Minnesota carrier who operates in an adjacent state under a reciprocal agreement with
that state must include the miles operated under the agreement as miles traveled in Minnesota in
calculating mileage under this clause.
(2) A carrier shall determine its percentage of hazardous material transportation as follows:
(i) for less-than-truckload shipments, it must divide the weight of the carrier's hazardous
material and hazardous waste shipments transported during the previous year by the total weight
of all shipments transported during the previous year; or
(ii) for truckload shipments, it must divide the number of shipments transported during the
previous year for which placarding, marking, or manifesting, was required by Code of Federal
Regulations, title 49, part 172, by the total number of all shipments transported during the
previous year.
(c) A carrier that transports both truckload and less-than-truckload shipments of hazardous
material or hazardous waste must determine its percentage of hazardous material transportation
by calculating the absolute percentage of business that is hazardous material transportation on a
proportional basis with the percentage of business that is not hazardous material transportation or
by calculating its percentage within the ranges allowed following procedures under the uniform
program.
(d) A carrier may use data from its most recent complete fiscal year or the most recent
complete calendar year in calculating the percentages required in this subdivision for
transportation conducted during the previous year.
    Subd. 7. Shipper registration. (a) A shipper who maintains a distribution, terminal,
warehouse, or other facility in Minnesota used to ship hazardous material or hazardous waste
and who is required to comply with Code of Federal Regulations, title 49, sections 107.601 to
107.620, shall file, with the commissioner, a complete and accurate copy of its current registration
statement, on the form described in Code of Federal Regulations, title 49, section 107.608, and a
copy of its current federal certificate of registration. The fee for filing a shipper registration
statement is $250. If a shipper is required to pay a fee under section 299K.095, the commissioner
shall credit the actual amount paid by the shipper during the previous 12 months toward payment
of the fee required in this subdivision, not to exceed $250 annually.
(b) Upon a shipper's compliance with this subdivision, the commissioner shall issue a
certificate of registration to the shipper. A certificate of registration must bear an effective date
and show the shipper's Minnesota hazardous material transportation registration number. A
certificate of registration is valid for one year from the date it is issued and must be kept at the
shipper's principal place of business.
(c) A shipper whose name, principal place of business, or business telephone number has
changed during the time a certificate of registration is effective, shall notify the commissioner
of the change by submitting an amended registration statement not later than 30 days after the
change. Upon receiving an amended registration statement, the commissioner shall issue an
amended certificate of registration. There is no fee for filing an amended registration statement or
for issuing an amended certificate of registration.
    Subd. 7a. Rail and water carriers. (a) A carrier of hazardous material by rail or water who
is required to comply with Code of Federal Regulations, title 49, sections 107.601 to 107.620,
shall file with the commissioner a complete and accurate copy of its current registration statement,
on the form described in Code of Federal Regulations, title 49, section 107.608, and a copy of
its current federal certificate of registration. The fee for filing the registration statement is $250.
If the carrier is required to pay a fee under section 299K.095, the commissioner shall credit the
actual amount paid by carrier during the previous 12 months toward payment of the fee required
in this subdivision, not to exceed $250 annually.
(b) Upon a carrier's compliance with this subdivision, the commissioner shall issue a
certificate of registration to the carrier. A certificate of registration must bear an effective date
and show the carrier's Minnesota hazardous material transportation registration number. A
certificate of registration is valid for one year from the date it is issued and must be kept at the
carrier's principal place of business.
(c) A carrier whose name, principal place of business, or business telephone number has
changed during the time a certificate of registration is effective, shall notify the commissioner
of the change by submitting an amended registration statement not later than 30 days after the
change. Upon receiving an amended registration statement, the commissioner shall issue an
amended certificate of registration. There is no fee for filing an amended registration statement or
for issuing an amended certificate of registration.
    Subd. 8. Public entity registration. (a) A public entity with its principal place of business
in Minnesota or that designates Minnesota as its base state, shall register its hazardous material
transportation with the commissioner before transporting a hazardous material or hazardous
waste in Minnesota. A public entity that designates another participating state as its base state
shall register its hazardous material transportation with that state before transporting a hazardous
material or hazardous waste in Minnesota.
(b) A public entity that is required to register its hazardous material transportation in
Minnesota shall file part I of the uniform application with the commissioner. There is no fee for
the registration required in this subdivision.
(c) Upon a public entity's compliance with this subdivision, the commissioner shall issue
a notice of registration form to the public entity. The notice of registration form must include
a registration number. A registration is valid for one year from the date a notice of registration
form is issued.
(d) A registered public entity shall maintain a copy of the notice of registration form in each
vehicle it uses to transport hazardous material or hazardous waste.
    Subd. 9. Application data. The following data submitted to the commissioner under
subdivisions 4 and 5 are private data, with respect to data on individuals, and nonpublic
data, with respect to data not on individuals: information contained in parts II and III of the
uniform application relating to a carrier's customers and service provided to specific customers,
financial balance sheet and income statement data, ownership and debt liability data, and
information relating to a carrier's parent companies, affiliates, and subsidiaries. For the purpose of
administering or enforcing the uniform program, the commissioner may disclose any information
classified as private data on individuals or nonpublic data by this subdivision to the United States
Department of Transportation, any other participating state or state agency, or to the national
repository established under the uniform program.
    Subd. 10. Enforcement. The commissioner may inspect or examine any motor vehicle
or facility operated by a carrier or any facility operated by a person who ships, or offers for
shipment, hazardous material or hazardous waste and may require the production of papers,
books, records, documents, or other evidentiary material necessary to determine if a carrier or
shipper is accurately reporting its hazardous material transportation operations and is otherwise
complying with this section and the uniform program. The commissioner also may conduct
investigations and audits necessary to determine if a carrier is entitled to a permit or to make
suspension or revocation determinations.
    Subd. 11. Administrative penalties. The commissioner may issue an order requiring
violations of this section to be corrected. An order may include the administrative assessment
of a monetary penalty up to a maximum of $10,000 for all violations of this section identified
during a single inspection, investigation, or audit. Section 221.036 applies to administrative
penalty orders issued under this section. Penalties collected under this section must be deposited
in the state treasury and credited to the trunk highway fund.
    Subd. 12. Suspension, revocation, and denial. (a) The commissioner may suspend or
revoke a permit issued under this section or order the suspension of the transportation of hazardous
material or hazardous waste in Minnesota by a carrier who has obtained a permit from another
participating state under the uniform program if the commissioner determines that a carrier:
(1) committed a violation of Code of Federal Regulations, title 49, parts 100 to 180, 383,
387, or 390 to 397, while engaging in hazardous materials transportation if the violation posed an
imminent hazard to the public or the environment;
(2) made a knowing falsification of a material fact in a uniform application;
(3) has received an unsatisfactory safety rating from the state or the United States Department
of Transportation; or
(4) has exhibited reckless disregard for the public and the environment.
(b) In determining if a carrier has exhibited reckless disregard for the public and the
environment in violation of paragraph (a), clause (4), the commissioner shall consider:
(1) whether the carrier has engaged in a pattern of violations of Code of Federal Regulations,
title 49, parts 100 to 180, 383, 387, or 390 to 397, or regulations governing the management of
hazardous waste, while engaging in hazardous materials transportation, when the violations
are viewed in relation to the number of truck-miles of hazardous material transportation and
the number of vehicles in the carrier's fleet;
(2) the actual or potential level of environmental damage resulting from an incident or a
violation of the federal regulations described in paragraph (a), clause (1);
(3) the response by the carrier to an incident or a violation of the federal regulations
described in paragraph (a), clause (1);
(4) the carrier's history of violations for the past three years;
(5) any mitigating factors; and
(6) other factors as justice requires, if the commissioner specifically identifies the additional
factors in the order of suspension or revocation.
(c) The commissioner may not issue a permit to a carrier if the commissioner determines that
a carrier's conduct would constitute grounds for suspension or revocation under this subdivision.
A carrier who wishes to contest a denial, suspension, or revocation is entitled to a hearing under
chapter 14.
    Subd. 13. Base state agreement. The commissioner may enter into agreements with federal
agencies, a national repository, or other participating states as necessary to allow the reciprocal
registration and permitting of carriers transporting hazardous material or hazardous waste. The
agreements may include procedures for determining a base state, the collection and distribution of
registration fees, dispute resolution, the exchange of information for reporting and enforcement
purposes, and other provisions necessary to fully implement, administer, and enforce the uniform
program.
    Subd. 14. Preemption. This section preempts and supersedes any hazardous material or
hazardous waste transportation registration or permitting program administered or enforced by
any state agency, city, county, or other political subdivision of the state.
    Subd. 15.[Repealed, 1998 c 310 s 4]
    Subd. 16. Revolving account. (a) The commissioner shall deposit in a separate account in
the trunk highway fund all federal funds received for implementing, administering, and enforcing
this section. Money in the account is appropriated to the commissioner for those purposes.
(b) The commissioner shall accept and disburse federal funds available for the purpose of
implementing, administering, and enforcing the uniform program.
    Subd. 17. Exemptions. This section does not apply to the intrastate transportation described
as follows:
(1) the transportation of hazardous material in a vehicle controlled by a farmer and operated
by a farmer or farm employee when the hazardous material is to be used on the farm to which it
is transported;
(2) the transportation of a hazardous waste jointly designated as a "special waste" by
the commissioner of transportation and the commissioner of the Minnesota Pollution Control
Agency; or
(3) transportation by fertilizer and agricultural chemical retailers while exclusively engaged
in the delivery of fertilizer and agricultural chemicals when:
(i) the delivery is from the retailer's place of business directly to a farm within a 50-mile
radius of the retailer's place of business; and
(ii) the fertilizer and agricultural chemicals are for use on the farm to which they are
delivered.
    Subd. 18. Deposit and use of fees. Fees received by the commissioner for administrative
processing and investigating information in a disclosure statement must be deposited in the state
treasury and credited to the trunk highway fund. Notwithstanding section 221.82, registration fees
collected under subdivisions 4, 5, 7, and 7a must be deposited in the state treasury, credited to
the general fund, and used to cover the costs of hazardous materials incident response capability
under sections 299A.48 to 299A.52 and 299K.095.
History: 1994 c 589 s 5,8; 1995 c 260 s 1-6; 1996 c 455 art 3 s 30,31,33; 1997 c 230 s
14,15,23; 1998 c 310 s 1-3; 2002 c 364 s 22,23
221.036 ADMINISTRATIVE ORDERS; ENFORCEMENT, REMEDIES.
    Subdivision 1. Order. The commissioner may issue an order requiring violations to be
corrected and administratively assessing monetary penalties for a violation of (1) section 221.021;
(2) section 221.033, subdivision 2b; (3) section 221.151; (4) section 221.171; (5) section 221.141;
or (6) rules of the commissioner relating to the transportation of hazardous waste, motor carrier
operations, insurance, or tariffs and accounting. An order must be issued as provided in this
section.
    Subd. 2. Election of penalties. The commissioner may not both assess an administrative
penalty under this section and seek a criminal sanction under section 221.291, subdivision 3, for
violations arising out of the same inspection or audit.
    Subd. 3. Amount of penalty; considerations. (a) The commissioner may issue an order
assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141; 221.151; or
221.171, or rules of the commissioner relating to motor carrier operations, insurance, or tariffs
and accounting, identified during a single inspection, audit, or investigation.
(b) The commissioner may issue an order assessing a penalty up to a maximum of $10,000
for all violations of section 221.033, subdivision 2b, identified during a single inspection or audit.
(c) In determining the amount of a penalty, the commissioner shall consider:
(1) the willfulness of the violation;
(2) the gravity of the violation, including damage to humans, animals, air, water, land, or
other natural resources of the state;
(3) the history of past violations, including the similarity of the most recent violation and
the violation to be penalized, the time elapsed since the last violation, the number of previous
violations, and the response of the person to the most recent violation identified;
(4) the economic benefit gained by the person by allowing or committing the violation; and
(5) other factors as justice may require, if the commissioner specifically identifies the
additional factors in the commissioner's order.
(d) The commissioner shall assess a penalty of not less than $1,000 against a driver who is
convicted of a violation of an out-of-service order. The commissioner shall assess a penalty of not
more than $10,000 against an employer who knowingly allows or requires an employee to operate
a commercial motor vehicle in violation of an out-of-service order.
    Subd. 4. Contents of order. An order assessing an administrative penalty under this section
must include:
(1) a concise statement of the facts alleged to constitute a violation;
(2) a reference to the section of the statute, rule, order, or material term or condition of a
license that has been violated;
(3) a statement of the amount of the administrative penalty to be imposed and the factors
upon which the penalty is based; and
(4) a statement of the person's right to review of the order.
    Subd. 5. Corrective order. (a) The commissioner may issue an order assessing a penalty
and requiring the violations cited in the order to be corrected within 30 calendar days from the
date the order was received.
(b) The person to whom the order was issued shall provide information to the commissioner
before the 31st day after the order was received demonstrating that the violation has been
corrected or that appropriate steps toward correcting the violation have been taken. The
commissioner shall determine whether the violation has been corrected and notify the person
subject to the order of the commissioner's determination.
    Subd. 6. Penalty. (a) Except as provided in paragraph (b), if the commissioner determines
that the violation has been corrected or appropriate steps have been taken to correct the action, the
penalty must be forgiven. Unless the person requests review of the order under subdivision 7, 8,
or 9 before the penalty is due, the penalty in the order is due and payable:
(1) on the 31st day after the order was received, if the person subject to the order fails to
provide information to the commissioner showing that the violation has been corrected or that
appropriate steps have been taken toward correcting the violation; or
(2) on the 20th day after the receipt of a notice by the person subject to the order of the
commissioner's determination under subdivision 5, paragraph (b), that information supplied to the
commissioner is not sufficient to show that the violation has been corrected or that appropriate
steps have been taken toward correcting the violation.
(b) For a repeated or serious violation, the commissioner may issue an order with a penalty
that will not be forgiven after the corrective action is taken. The penalty is due within 30 days after
the order was received unless review of the order under subdivision 7, 8, or 9 has been sought.
(c) Interest at the rate established in section 549.09 begins to accrue on penalties on the date
that the penalty is due and payable if no request for review is filed under subdivision 7, 8, or 9.
    Subd. 7. Expedited administrative hearing. (a) Within 30 days after the date on which
an order was received, or within 20 days after the receipt of a notice that the commissioner has
determined that a violation has not been corrected or appropriate steps have not been taken, the
person subject to an order under this section may request an expedited hearing. The person
to whom the order is directed and the commissioner are the parties to the expedited hearing
to review the order and the penalty. The commissioner must notify the person to whom the
order is directed of the time and place of the hearing at least 20 days before the hearing. The
expedited hearing must be held within 30 days after a request for hearing has been filed with the
commissioner unless the parties agree to a later date.
(b) All written arguments must be submitted within ten days following the close of the
hearing. The hearing must be conducted under the conference contested case rules of the Office of
Administrative Hearings, as modified by this subdivision. The Office of Administrative Hearings
may, in consultation with the commissioner, adopt rules specifically applicable to cases under
this section.
(c) The administrative law judge shall issue a report making recommendations about the
order to the commissioner within 30 days following the close of the record. The administrative
law judge may not recommend a change in the amount of the proposed penalty unless the
administrative law judge determines that, based on the factors in subdivision 3, the amount of
the penalty is unreasonable.
(d) If the administrative law judge makes a finding that the hearing was requested solely for
purposes of delay or that the hearing request was frivolous, the commissioner may add to the
amount of the penalty the costs charged to the commissioner by the Office of Administrative
Hearings for the hearing.
(e) If a hearing has been held, the commissioner may not issue a final order until at least
five days after receipt of the report of the administrative law judge. The person subject to the
order may, within those five days, comment to the commissioner on the recommendations and
the commissioner shall consider the comments. The final order may be appealed in the manner
provided in sections 14.63 to 14.69.
(f) If a hearing has been held and a final order issued by the commissioner, the penalty must
be paid by the 15th day after the final order was mailed, together with interest accruing at the rate
established in section 549.09 from 31 days after the original order was received.
    Subd. 8. District court hearing. (a) Within 30 days after the receipt of an order, or within 20
days after the receipt of a notice that the commissioner has determined that a violation has not
been corrected or appropriate steps have not been taken, the person subject to an order under this
section may file a petition in district court for review of the order. The petition must be filed with
the court administrator with proof of service on the commissioner. The petition must be captioned
in the name of the person making the petition as petitioner and the commissioner as respondent.
The petition must state with specificity the grounds upon which the petitioner seeks rescission of
the order, including the facts upon which each claim is based.
(b) At trial, the commissioner must establish by a preponderance of the evidence that a
violation subject to this section and for which the petitioner is responsible occurred, that the factors
listed in subdivision 3 were considered when the penalty amount was determined, and that the
penalty amount is justified by those factors. In addition, if the commissioner immediately assesses
a penalty as provided for under subdivision 5, paragraph (a), the commissioner must establish by
a preponderance of the evidence that the immediate imposition of the penalty was justified.
    Subd. 9. Mediation. In addition to review under subdivision 6 or 7, the commissioner may
enter into mediation concerning an order issued under this section if the commissioner and the
person to whom the order is issued both agree to mediation.
    Subd. 10. Election of remedies. A person subject to a corrective order under this section
may not seek review of the order under both subdivisions 7 and 8.
    Subd. 11. Enforcement by attorney general. (a) The attorney general may proceed on
behalf of the state to enforce penalties that are due and payable under this section in any manner
provided by law for the collection of debts.
(b) The attorney general may petition the district court to file the administrative order as
an order of the court. At a court hearing, the only issues parties may contest are procedural and
notice issues. Once entered, the administrative order may be enforced in the same manner as a
final judgment of the district court.
(c) If a person fails to pay the penalty, the attorney general may bring a civil action in district
court seeking payment of the penalties, injunctive, or other appropriate relief including monetary
damages, attorney fees, costs, and interest.
    Subd. 12. Failure to pay penalty. If a person fails to pay a penalty owed under this section,
the commissioner has grounds to revoke or refuse to reissue or renew a license, permit, or
certificate issued by the commissioner.
    Subd. 13. Cumulative remedy. The authority of the commissioner to issue a corrective
order assessing penalties is in addition to other remedies available under statutory or common
law. Except as provided in subdivision 2, the payment of a penalty does not preclude the use of
other enforcement provisions in connection with the violation for which the penalty was assessed.
    Subd. 14. Credited to trunk highway fund. Penalties collected under this section must be
deposited in the state treasury and credited to the trunk highway fund.
History: 1987 c 393 art 1 s 2; 1992 c 600 s 12,13; 1993 c 117 s 25,26; 1994 c 589 s 6,7;
1999 c 86 art 1 s 50,51; 1999 c 93 s 2; 1999 c 238 art 2 s 50,51; 2004 c 225 s 8-10
221.037 HAZARDOUS MATERIALS; INFORMATION, INSPECTION.
    Subdivision 1. Required to provide information. A person who generates, stores, treats,
transports, disposes of, or otherwise handles or has handled hazardous materials, hazardous
substances, or hazardous waste shall (1) give to transportation representatives and hazardous
material specialists of the department information relating to the materials, substances, or waste,
or (2) permit them access to and copying of records relating to the materials, substances, or
waste, or both.
    Subd. 2. Authority to inspect. Transportation representatives and hazardous material
specialists of the department have the authority to enter, at a reasonable time and place,
any vehicle, cargo tank, or other container used to transport hazardous materials, hazardous
substances, or hazardous waste and any treatment, storage, or disposal facility or other place
where the materials, substances, or waste are or have been generated, stored, treated, disposed of,
or transported from. They may inspect the vehicle, cargo tank, or container and obtain from any
person samples of the materials, substances, or waste and samples of the containers or labeling
of the materials, substances, or waste for enforcing sections 221.033 to 221.036. The authority
granted under this subdivision includes the right to break and replace seals.
History: 1992 c 578 s 38; 2004 c 225 s 11
221.04 [Repealed, Ex1957 c 17 s 31; 1965 c 49 s 1]
221.041 [Repealed, 1999 c 238 art 2 s 92]
221.05 [Repealed, Ex1957 c 17 s 31]
221.051 [Repealed, 1999 c 238 art 2 s 92]
221.06 [Repealed, Ex1957 c 17 s 31]
221.061 [Repealed, 1999 c 238 art 2 s 92]
221.07 [Repealed, 1947 c 266 s 6]
221.071 [Repealed, 1999 c 238 art 2 s 92]
221.072 CLASS I CARRIER.
    Subdivision 1. Authority. The board may issue a class I certificate only to a motor carrier
who owns, leases, or otherwise controls more than one terminal. Except as provided in subdivision
2, a motor carrier may not own, operate, or otherwise control more than one terminal without
having obtained a class I certificate from the board. For purposes of this section, utilization of a
local cartage carrier by a class I carrier constitutes ownership, lease, or control of a terminal.
    Subd. 2. Exceptions. This section does not apply to any carrier listed in section 221.111,
clauses (3) to (10).
    Subd. 3. Operation. A class I certificate authorizes the certificate holder to transport both
truckload and less-than-truckload freight to and from points named in the certificate, over routes
described in the certificate. A holder of a class I certificate may transfer freight to and from
another class I carrier.
History: 1992 c 600 s 18; 1993 c 213 s 3
221.08 [Repealed, Ex1957 c 17 s 31]
221.081 [Repealed, 1999 c 238 art 2 s 92]
221.09 [Repealed, Ex1957 c 17 s 31]
221.091 LOCAL GOVERNMENT AUTHORITY.
    Subdivision 1. Local authority over streets and highways. Sections 221.011 to 221.291 do
not authorize the use by a carrier of a public highway in a city of the first class in violation of a
charter provision or ordinance of the city in effect January 1, 1925, unless the charter provision or
ordinance is repealed after that date. In addition, sections 221.011 to 221.291 do not (1) curtail
the right of a city to reasonably regulate or control the routing, parking, speed, or safety of
operation of a motor vehicle operated by a carrier under the terms of those sections, (2) curtail
the general police power of the city over its highways, or (3) abrogate any provision of the city's
charter requiring certain conditions to be complied with before a carrier can use the highways of
the city; and these rights and powers are expressly reserved and granted to the city. However,
no city shall prohibit or deny the use of the public highways within its territorial boundaries by
a carrier for transporting passengers or property received within its boundaries to destinations
beyond the city's boundaries, or for transporting passengers or property from points beyond the
city's boundaries to destinations within the city's boundaries, or for transporting passengers or
property from points beyond the city's boundaries through the city to points beyond the city's
boundaries when the carrier is operating pursuant to a certificate of registration issued under this
chapter or a permit issued by the commissioner under section 221.84.
    Subd. 2. Local licensing of small vehicle passenger service. A city that licenses and
regulates small vehicle passenger service must do so by ordinance. The ordinance must, at a
minimum, provide for driver qualifications, insurance, vehicle safety, and periodic vehicle
inspections. A city that has adopted an ordinance complying with this subdivision may enforce
the registration requirement in section 221.021.
    Subd. 3. Authority of Metropolitan Airports Commission. Notwithstanding any other law:
(a) The Metropolitan Airports Commission may regulate ground transportation to and from
an airport under its jurisdiction, subject to paragraphs (b), (c), (d), and (e). The authority under
this paragraph includes, but is not limited to, regulating the number and types of transportation
services, making concession agreements, and establishing vehicle standards.
(b) The Metropolitan Airports Commission may regulate small passenger vehicles, including
taxicabs, serving an airport under its jurisdiction only by ordinance. An ordinance adopted under
this paragraph must at a minimum (1) define taxicabs, (2) provide for driver qualifications,
insurance, and vehicle safety, and (3) provide for issuance of permits to taxicabs and other small
passenger vehicles. An ordinance under this paragraph may limit the number of permits issued to
taxicabs. An ordinance under this paragraph may not provide for making concession agreements
relating to small passenger vehicle service, including taxicabs.
(c) If the Metropolitan Airports Commission determines that it is in the public interest to
reduce the number of annual taxicab permits issued at the Minneapolis-St. Paul International
Airport, the commission shall first reduce the number of permits in the following order:
(1) permits held by permit holders who have not picked up a passenger at the Minneapolis-St.
Paul International Airport within three months immediately preceding the decision to reduce
permits;
(2) permits issued to permit holders who have not continuously held an annual or semiannual
permit prior to and since January 1, 2005; and
(3) permits issued to corporations that have sold or transferred at least a majority of the
shares of the corporation since January 1, 2005.
(d) In deciding whether it is in the public interest to reduce the number of taxicab permits,
the commission shall consider, at a minimum, the following factors:
(1) the number of taxicab permits issued in relation to the number of taxicab customers at the
Minneapolis-St. Paul International Airport;
(2) the wait times for taxicab drivers; and
(3) the impact to current permit holders, including, but not limited to, permit holders who
have held a permit during a permitting period prior to January 1, 2005.
(e) If the Metropolitan Airports Commission allows for taxicab permit transfers, the
commission shall not prohibit permit transfers between sole proprietors, individual owner taxicab
operators, or corporations, unless the commission also prohibits permit transfers from one
corporation to another corporation.
History: Ex1957 c 17 s 9; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1976 c 166 s 77; 1991 c 284
s 6; 1992 c 578 s 39; 1993 c 323 s 3; 1994 c 635 art 1 s 41; 1999 c 238 art 2 s 52; 2005 c 123 s 1
221.10 [Repealed, Ex1957 c 17 s 31]
221.101 ADDITIONAL AUTHORITY TO PETROLEUM CARRIER.
In addition to the specific authority granted to petroleum carriers, every petroleum carrier
holding a certificate as such may transport petroleum products from an origin point the carrier
is not authorized to serve when the needs of the shippers the carrier serves because of seasonal
failure of supplies require service from such origin point, upon securing permission from the
commissioner, provided that this provision shall not include the right to enlarge the carrier's
destination area.
History: Ex1957 c 17 s 10; 1971 c 25 s 67; 1973 c 754 s 3; 1976 c 166 s 78; 1980 c 534
s 65; 1986 c 444; 2001 c 213 s 30
221.11 [Repealed, Ex1957 c 17 s 31]
221.111 PERMIT TO OTHER MOTOR CARRIER.
Motor carriers other than certificated carriers and local cartage carriers shall obtain a permit
in accordance with section 221.121. The board shall issue only the following kinds of permits:
(1) class II-T permits;
(2) class II-L permits;
(3) livestock carrier permits;
(4) contract carrier permits;
(5) charter carrier permits;
(6) courier service carrier permits;
(7) local cartage carrier permits;
(8) household goods mover permits;
(9) temperature-controlled commodities permits; and
(10) armored carrier permits.
History: Ex1957 c 17 s 11; 1959 c 376 s 2; 1971 c 25 s 67; 1976 c 166 s 79; 1983 c 371 s
25; 1992 c 600 s 19; 1993 c 213 s 4
221.12 [Repealed, Ex1957 c 17 s 31]
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 221.296, 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 221.011 to 221.291 take
effect may be denied a renewal of the permit upon compliance with other provisions of sections
221.011 to 221.291.
(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 221.011 to 221.291 prevents the
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 221.011.
    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 221.111, 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
temperature-controlled commodities.
    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
of service.
(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
221.122 ORDER GRANTING PERMIT OR CERTIFICATE; COMPLIANCE.
    Subdivision 1. Registration, insurance, and filing requirements. (a) An order issued by
the commissioner which grants a certificate or permit must contain a service date.
(b) The person to whom the order granting the certificate or permit is issued shall do the
following within 45 days from the service date of the order:
(1) register vehicles which will be used to provide transportation under the permit or
certificate with the commissioner and pay the vehicle registration fees required by law;
(2) file and maintain insurance or bond as required by sections 221.141 and 221.296 and
rules of the commissioner; and
(3) file rates and tariffs as required by section 221.161 and rules of the commissioner.
    Subd. 2. Time extension. The commissioner may extend the time for compliance with
the requirements of subdivision 1. The person to whom the order was issued shall request the
extension in writing and shall state the reasons for requesting the extension. The commissioner
may not grant an extension of more than 45 days.
    Subd. 3. Failure to comply. An order of the commissioner granting a certificate or permit
to operate as a motor carrier takes effect on the date of compliance with the requirements of
subdivision 1. Failure of the person to whom the order was issued to comply with the requirements
of subdivision 1 within 45 days from the service date of the order, or within the extended time
for compliance if an extension was granted by the commissioner, makes the order null and void
upon the expiration of the time for compliance.
History: 1984 c 520 s 12; 1999 c 238 art 2 s 53; 2001 c 213 s 30
221.123 EFFECT OF DEATH OF PERMIT HOLDER.
This section governs the transfer of a permit in the event of the death of the permit holder.
Within one year after the transfer of a permit of a deceased permit holder by the deceased permit
holder's personal representative, or within one year after the date of a decree or order issued by
the district court transferring the permit of a deceased permit holder, the distributee, as defined in
section 524.1-201, who received the permit shall apply to the commissioner to have the permit
transferred under the provisions of section 221.151, subdivision 2.
If an application to transfer the permit is not filed within the time prescribed above, the
permit is revoked and the commissioner shall so notify the person who had received the permit.
History: 1989 c 318 s 13; 1995 c 189 s 8; 1996 c 277 s 1; 2001 c 213 s 30
221.124 INITIAL MOTOR CARRIER CONTACT PROGRAM.
    Subdivision 1. Initial motor carrier contact. The initial motor carrier contact program
consists of an initial contact, for educational purposes, between a motor carrier required to
participate and representatives of the Department of Transportation. The initial contact may
be through an educational seminar or, at the discretion of the department, through a personal
contact with a representative of the department. The initial contact must consist of a discussion of
the statutes, rules, and regulations that apply to motor carriers. Topics discussed must include:
insurance requirements; accident reporting; accident countermeasures; identification of vehicles;
driver qualifications; maximum hours of service of drivers; the safe operation of vehicles;
equipment, parts, and accessories; and inspection, repair, and maintenance. The department shall
provide written documentation of proof of compliance with the requirements of subdivision 2 and
shall give a copy of the document to the motor carrier.
    Subd. 2. Participation required. A motor carrier that first registers with or receives a permit
from the commissioner after January 1, 2000, shall participate in the initial motor carrier contact
program. A motor carrier required to participate in the program must have in attendance at least
one motor carrier official having a substantial interest or control, directly or indirectly, in or over
the operations conducted or to be conducted under the carrier's registration or permit.
    Subd. 3. Time for compliance. A motor carrier required by subdivision 2 to participate in
the program must do so within 90 days of the service date of the order granting the permit or
within 90 days of registering, unless the commissioner extends the time for compliance. Failure to
comply with the requirement of subdivision 2 makes the order granting the permit or the carrier's
registration void upon expiration of the time for compliance.
History: 1991 c 333 s 35; 1999 c 238 art 2 s 54
221.13 [Repealed, Ex1957 c 17 s 31]
221.131 CARRIER VEHICLE REGISTRATION; FEES, IDENTIFICATION CARD.
    Subdivision 1. Permit renewal. Permits issued under section 221.121 are effective for a
12-month period. A permit holder must renew the permit annually by registration of the vehicles
operated under authority of that permit as required by subdivision 2. A permit holder has one
annual renewal date encompassing all of the permits held by the holder.
    Subd. 2. Annual vehicle registration; fee. (a) This subdivision applies only to holders of
household goods mover permits and motor carriers of passengers.
(b) A permit holder or motor carrier of passengers shall pay an annual registration fee of
$75 on each vehicle, including pickup and delivery vehicles, operated by the carrier under
authority of the permit or certificate of registration during the 12-month period or fraction of the
12-month period. Trailers and semitrailers used by a permit holder in combination with power
units may not be counted as vehicles in the computation of fees under this section if the permit
holder pays the fees for power units.
(c) The commissioner shall furnish a distinguishing annual identification card for each
vehicle or power unit for which a fee has been paid. The identification card must at all times be
carried in the vehicle or power unit to which it has been assigned. An identification card may
be reassigned to another vehicle or power unit upon application of the carrier and payment of a
transfer fee of $10. An identification card issued under this section is valid only for the period
for which the permit or certificate of registration is effective.
(d) A fee of $10 is charged for the replacement of an unexpired identification card that has
been lost.
(e) The proceeds of the fees collected under this subdivision must be deposited in the trunk
highway fund.
    Subd. 2a. Vehicle identification. The permit holder must be identified on the power unit of
each registered vehicle operated under the permit. Vehicles must show the name or the "doing
business as" name of the permit holder operating the vehicle and the community and abbreviation
of the state in which the permit holder maintains its principal office or in which the vehicle is
customarily based. If the permit holder operates a leased vehicle, it may show its name and the
name of the lessor on the vehicle, if the lease relationship is clearly shown. If the name of a
person other than the operating permit holder appears on the vehicle, the words "operated by"
must immediately precede the name of the permit holder. The name and address must be in letters
that contrast sharply in color with the background, be readily legible during daylight hours from a
distance of 50 feet while the vehicle is stationary, and be maintained in a manner that retains the
legibility of the markings. The name and address may be shown by use of a removable device if
that device meets the identification and legibility requirements of this subdivision.
    Subd. 3. Certificate carrier; annual vehicle registration. Certificated passenger carriers
shall pay an annual registration fee of $40 for each vehicle, including pickup and delivery
vehicles, operated during a calendar year. The commissioner shall issue distinguishing
identification cards as provided in subdivision 2.
    Subd. 4. Floater card; fee. The department may issue to carriers subject to subdivision 2 or
3 special "floater" identification cards up to a maximum of five per motor carrier. Floater cards
may be freely transferred between vehicles that have evidence of being inspected under section
221.0252, subdivision 3, paragraph (a), clause (2), within the previous 12 months, or have a
current Commercial Vehicle Safety Alliance decal, and that are used under short-term leases by
the motor carrier. The motor carrier shall pay a fee of $100 for each floater card issued.
    Subd. 5. Limitation. The provisions of this section are limited by applicable federal law.
    Subd. 6.[Repealed by amendment, 1995 c 265 art 2 s 23]
    Subd. 7.[Repealed by amendment, 1995 c 265 art 2 s 23]
History: Ex1957 c 17 s 13; 1969 c 1031 s 5; 1969 c 1148 s 35; 1971 c 25 s 67; 1971 c 74
s 3; 1973 c 754 s 5; 1973 c 766 s 1; 1975 c 313 s 9; 1976 c 166 s 81; 1980 c 465 s 3; 1980 c
534 s 67; 1983 c 371 s 27; 1984 c 520 s 13; 1985 c 299 s 21; 1986 c 444; 1987 c 393 art 2 s
4,5; 1992 c 578 s 42-44; 1992 c 600 s 27,28; 1993 c 213 s 6; 1995 c 265 art 2 s 23; 1999 c
238 art 2 s 55; 2000 c 479 art 1 s 22
221.132 PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD.
For special or extraordinary events, the commissioner may issue a prepaid temporary vehicle
identification card to a permit or certificate holder subject to section 221.131, subdivision 2 or 3,
for a fee of $5 per card. The card must be preprinted by the commissioner with the carrier's name,
address, and permit or certificate number. The card may be used by the motor carrier to whom it is
issued to identify a vehicle temporarily added to its fleet, if the vehicle has evidence of being
inspected under section 221.0252, subdivision 3, paragraph (a), clause (2), within the previous 12
months, or has a current Commercial Vehicle Safety Alliance decal. The card must be executed by
the motor carrier by dating and signing the card and describing the vehicle in which it will be
carried. The identification card is valid for a period of ten days from the date the motor carrier
places on the card when the card is executed. The card must be used within one year from the
date of issuance by the commissioner. The card may not be used if the permit or certificate is not
in full force and effect. The card may not be transferred. The commissioner may not refund the
cost of unused prepaid temporary vehicle identification cards.
History: 1987 c 393 art 2 s 6; 1995 c 265 art 2 s 24; 2000 c 479 art 1 s 23
221.14 [Repealed, Ex1957 c 17 s 31]
221.141 INSURANCE OR BOND.
    Subdivision 1. Financial responsibility of carriers. (a) No motor carrier and no interstate
carrier shall operate a vehicle until it has obtained and has in effect the minimum amount of
financial responsibility required by this section. Policies of insurance, surety bonds, other types
of security, and endorsements must be continuously in effect and must remain in effect until
canceled. Before providing transportation, the motor carrier or interstate carrier shall secure and
cause to be filed with the commissioner and maintain in full effect, a certificate of insurance
in a form required by the commissioner, evidencing public liability insurance in the amount
prescribed. The insurance must cover injuries and damage to persons or property resulting from
the operation or use of motor vehicles, regardless of whether each vehicle is specifically described
in the policy. This insurance does not apply to injuries or death to the employees of the motor
carrier or to property being transported by the carrier.
(b) Notwithstanding any other provision of this chapter, the insurance required of a motor
carrier of passengers must be at least that amount required of interstate carriers under Code of
Federal Regulations, title 49, section 387.33, as amended.
    Subd. 1a. Cancellation. Insurance, bonds, endorsements, certificates, and other evidence of
financial responsibility issued to satisfy the requirements of this section may be canceled on not
less than 30 days' written notice to the insured and to the commissioner.
    Subd. 1b. Amount. Except as provided in subdivision 1d, the amount of insurance, bond, or
other security required for motor carriers is the amount prescribed by order of the commissioner.
The amount prescribed may from time to time be reduced or increased by order of the
commissioner. The commissioner may, if desired by the petitioner, prescribe in lieu of the bond or
insurance some other form of security as may be satisfactory. Each policy of insurance, surety
bond, or other evidence of financial responsibility issued to a motor carrier or to an interstate
carrier must be amended by attachment to the policy of the Uniform Motor Carrier Bodily Injury
and Property Damage Liability Insurance Endorsement (Form F) prescribed in Code of Federal
Regulations, title 49, part 1023, or must by its terms provide coverage that conforms to the terms
and conditions of that endorsement.
    Subd. 1c. Interstate carrier. An interstate carrier must obtain insurance or bond in the
minimum amounts prescribed in Code of Federal Regulations, title 49, section 1043.2, paragraphs
(a) and (b).
    Subd. 1d. Motor carrier of hazardous cargo. A motor carrier that transports property
described under (2) and (3) of the schedule of limits in Code of Federal Regulations, title 49,
section 387.9, must obtain insurance or bond in the amounts prescribed in those regulations.
    Subd. 1e. Insurer must be authorized. A policy of insurance, bond, or other evidence of
financial responsibility does not satisfy the requirements of this section unless the insurer or surety
furnishing the evidence of financial responsibility is authorized or registered by the Department of
Commerce to issue the policies, bonds, or certificates in this state.
    Subd. 1f. Financial responsibility defined. "Financial responsibility" means a policy of
insurance, surety bond, or other financial undertaking sufficient to pay liability amounts required
by this section.
    Subd. 2.[Repealed, 1983 c 371 s 44]
    Subd. 3. Replacement certificate of insurance; effective date. Certificates of insurance
which have been accepted by the commissioner under subdivision 1 may be replaced by other
certificates of insurance and the liability of the retiring insurer under the certificate of insurance
is considered terminated as of the effective date of the replacement certificate, provided the
replacement certificate is acceptable to the commissioner.
    Subd. 4. Household goods mover. A household goods mover shall maintain in effect cargo
insurance or cargo bond in the amount of $50,000 and shall file with the commissioner a cargo
certificate of insurance or cargo bond. A cargo certificate of insurance must conform to Form H,
Uniform Motor Cargo Certificate of Insurance, described in Code of Federal Regulations, title 49,
part 1023. A cargo bond must conform to Form J, described in Code of Federal Regulations, title
49, part 1023. Both Form H and Form J are incorporated by reference. The cargo certificate of
insurance or cargo bond must be issued in the full and correct name of the person, corporation, or
partnership to whom the household goods mover permit was issued and whose operations are
being insured.
    Subd. 5. Passenger transportation. For purposes of this section, "motor carrier" includes
any person who transports passengers for hire in intrastate commerce. This section does not apply
to an entity or person included in section 221.031, subdivision 3b, paragraph (b).
    Subd. 6. Armored carrier. An armored carrier must maintain in effect cargo insurance,
cargo bond, or moneys and securities insurance coverage in a minimum amount of $300,000
per incident and must file, or its insurer must file, with the commissioner a cargo certificate of
insurance, cargo bond, or certificate of moneys and securities coverage. A cargo certificate of
insurance must conform to Form H, Uniform Motor Cargo Certificate of Insurance, described in
Code of Federal Regulations, title 49, part 1023. A cargo bond must conform to Form J described
in Code of Federal Regulations, title 49, part 1023. A certificate of moneys and securities coverage
must conform to either Form H or Form J with such variances as the commissioner may allow to
accommodate industry practice. Form H and Form J are incorporated by reference. The cargo
certificate of insurance, cargo bond, or certificate of moneys and securities coverage must be
issued in the full and correct name of the person, corporation, or partnership to whom the armored
carrier permit was issued and whose operations are being insured.
    Subd. 7. Electronic filing of form. The commissioner may permit the electronic filing
of insurance, bonds, endorsements, certificates, and other evidence of financial responsibility
required in this section or rules adopted under this section. The electronic filing of a document
imposes the same obligations on the person filing the document and has the same legal effect as if
the document had been filed on a prescribed form.
History: Ex1957 c 17 s 14; 1965 c 523 s 3; 1969 c 1031 s 6; 1971 c 25 s 67; 1971 c 73 s 1;
1973 c 754 s 6; 1975 c 313 s 10; 1975 c 317 s 1; 1976 c 166 s 82; 1977 c 122 s 1; 1978 c 674 s
60; 1980 c 534 s 68; 1983 c 371 s 28,29; 1988 c 544 s 15; 1989 c 318 s 14,15; 1992 c 568 s 3;
1992 c 600 s 29; 1993 c 213 s 7; 1996 c 387 s 5; 1999 c 238 art 2 s 56
221.15 [Repealed, Ex1957 c 17 s 31]
221.151 PERMIT ASSIGNABLE OR TRANSFERABLE.
    Subdivision 1. Petition. Permits, except livestock permits, issued under section 221.121 may
be assigned or transferred but only upon the order of the commissioner approving the transfer or
assignment after notice and hearing.
The proposed seller and buyer or lessor and lessee of a permit, except for livestock carrier
permits, shall file a joint notarized petition with the commissioner setting forth the name and
address of the parties, the identifying number of the permit, and the description of the authority
which the parties seek to sell or lease, a short statement of the reasons for the proposed sale
or lease, a statement of outstanding claims of creditors which are directly attributable to the
operation to be conducted under the permit, a copy of the contract of sale or lease, and a financial
statement with a balance sheet and an income statement, if existent, of the buyer or lessee. If it
appears to the commissioner, after notice to interested parties and a hearing, from the contents of
the petition, from the evidence produced at the hearing, and from the department's records, files,
and investigation that the approval of the sale or lease of the permit will not adversely affect the
rights of the users of the service and will not have an adverse effect upon other competing carriers,
the commissioner may make an order granting the sale or lease. Provided, however, that the
commissioner shall make no order granting the sale or lease of a permit to a person or corporation
or association which holds a certificate or permit other than local cartage carrier permit from the
commissioner under this chapter or to a common carrier by rail.
Provided further that the commissioner shall make no order approving the sale or lease
of a permit if the commissioner finds that the price paid for the sale or lease of a permit is
disproportionate to the reasonable value of the permit considering the assets and goodwill
involved. The commissioner shall approve the sale or lease of a permit only after a finding that
the transferee is fit and able to conduct the operations authorized under the permit and that the
vehicles the transferee proposes to use in conducting the operations meet the safety standards of
the commissioner. In determining the extent of the operating authority to be conducted by the
transferee under the sale or lease of the permit, the past operations of the transferor within the
two-year period immediately preceding the transfer must be considered. Only such operating
authority may be granted to the transferee as was actually exercised by the transferor under the
transferor's authority within the two-year period immediately preceding the transfer as evidenced
by bills of lading, company records, operation records, or other relevant evidence. For purposes
of determining the two-year period, the date of divesting of interest or control is the date of the
sale. The commissioner shall look to the substance of the transaction rather than the form. An
agreement for the transfer or sale of a permit must be reported and filed with the commissioner
within 30 days of the agreement.
If an authority to operate as a permit carrier is held by a corporation, a sale, assignment,
pledge, or other transfer of the stock interest in the corporation which will accomplish a substantial
or material change or transfer of the majority ownership of the corporation, as exercised through
its stockholders, must be reported in the manner prescribed in the rules of the commissioner
within 30 days after the sale, assignment, pledge, or other transfer of stock. The commissioner
shall then make a finding whether or not the stock transfer does, in fact, constitute a sale, lease,
or other transfer of the permit of the corporation to a new party or parties and, if they so find,
then the continuance of the permit issued to the corporation may only be upon the corporation's
complying with the standards and procedures otherwise imposed by this section.
    Subd. 2.MS 1974 [Repealed, 1973 c 710 s 2; 1974 c 406 s 93]
    Subd. 2. Ex parte transfer. (a) The commissioner shall allow a bona fide transfer of a permit,
except a livestock carrier permit, ex parte without hearing if the transferee of the permit is in fact
a member or members of the transferor's immediate family. For the purpose of this subdivision
immediate family consists only of the lawful spouse, adult child or children, brother, or sister of
the transferor. Provided further that the immediate family as defined in this subdivision does not
include a person under legal disability or a member of the family regardless of relationship who
holds any other permit or certificate under this chapter either as an individual or in partnership or
as owner of an interest in a corporation holding a permit or a certificate under this chapter.
(b) Provided further that the transfer under this subdivision must include:
(1) transfer to a corporation the stock of which is wholly owned by the transferor or
immediate family members;
(2) transfer to a partnership or partner consisting solely of the immediate family as defined in
this subdivision.
(c) Provided further that the transfer of a permit under this subdivision must comply with the
standards set forth in this section based upon the contents of the petition of petitioners, pertinent
information available to the commissioner, and their records and files. No determination of the
extent of the operating authority previously exercised is required.
(d) If it appears to the commissioner that the petition and exhibits do not reasonably
comply with the standards set forth in this section, then after notice to interested parties and the
petitioners, the commissioner shall assign the matter for hearing to determine compliance with
this section. A user of the service, competing carrier, or interested party shall have the right to
file a protest on the transfer as provided in this subdivision by filing a sworn statement with the
commissioner within six months from the date of the transfer, whereupon the commissioner shall
assign the matter for hearing and the continuance of the permit may only be upon the transferee's
compliance with the standards and procedures otherwise imposed by this section.
    Subd. 3. Transfer of certain authority. Operating authority described in section 221.121,
subdivision 6f
, paragraph (c), that has not been added to the motor carrier's permit under section
221.121, subdivision 6f, paragraph (d), may not be transferred to any person except a member of
the transferor's immediate family as defined in subdivision 2.
History: Ex1957 c 17 s 15; 1965 c 523 s 4; 1971 c 25 s 67; 1973 c 710 s 1; 1975 c 313 s
11,12; 1976 c 166 s 83; 1980 c 534 s 69; 1983 c 371 s 30; 1986 c 444; 1988 c 544 s 16; 1992 c
600 s 30; 2001 c 213 s 30
221.152 CONVERSION OF PERMIT.
    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 certificate or permit. (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.
History: 1992 c 600 s 31
221.153 ARMORED CARRIER; CONVERSION OF OPERATING AUTHORITY.
    Subdivision 1. Expiration of operating authority. All operating authority under certificates
or permits granted by the board that authorizes armored carrier service expires on March 1, 1994.
After February 28, 1994, no person may provide armored carrier service unless the person holds a
valid armored carrier permit issued by the board. This subdivision does not require the expiration
of any operating authority other than authority for armored carrier service. This subdivision does
not limit the right of carriers to transport items of exceptional value in nonarmored vehicles that
are not protected by at least one armed person exclusive of the driver.
    Subd. 2. Conversion. A motor carrier holding operating authority that expires on March
1, 1994, under subdivision 1 who wishes to continue providing the service authorized by that
operating authority must convert that operating authority into an armored carrier permit before
that date.
    Subd. 3.[Repealed, 2003 c 2 art 1 s 45]
History: 1993 c 213 s 8
221.16 [Repealed, Ex1957 c 17 s 31]
221.161 SCHEDULE OF RATES AND CHARGES.
    Subdivision 1. Filing; hearing upon board initiative; armored carrier exemption.
(a) Except as provided in paragraph (b), a permit carrier, including a livestock carrier but not
including a local cartage carrier, shall file and maintain with the commissioner a tariff showing
rates and charges for transporting persons or property. Tariffs must be prepared and filed in
accordance with the rules of the commissioner. When tariffs are filed in accordance with the rules
and accepted by the commissioner, the filing constitutes notice to the public and interested parties
of the contents of the tariffs. The commissioner shall not accept for filing tariffs that are unjust,
unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or otherwise in violation
of this section or rules adopted under this section. If the tariffs appear to be unjust, unreasonable,
unjustly discriminatory, unduly preferential or prejudicial, or otherwise in violation of this
section or rules adopted under this section, after notification and investigation by the department,
the board may suspend and postpone the effective date of the tariffs and assign the tariffs for
hearing upon notice to the permit carrier filing the proposed tariffs and to other interested parties,
including users of the service and competitive carriers by motor vehicle and rail. At the hearing,
the burden of proof is on the permit carrier filing the proposed tariff to sustain the validity of
the proposed schedule of rates and charges. Tariffs for transporting livestock are not subject to
rejection, suspension, or postponement by the board, except as provided in subdivisions 2 and
3. The tariffs and subsequent supplements to them or reissues of them must state the effective
date, which may not be less than ten days following the date of filing, unless the period of time is
reduced by special permission of the commissioner.
(b) A holder of an armored carrier permit is not required to file a tariff under this subdivision
for the service authorized by the armored carrier permit.
    Subd. 2. Hearing upon complaint. Tariffs, supplements, and reissues must be prepared
and filed in accordance with rules of the commissioner. Rates or charges, including pickup
charges named therein, are subject to complaint to the commissioner by an interested party. The
commissioner, after investigation by the department, by order on not less than ten days' notice,
may assign the complaint for hearing, and if at the hearing, the complainant submits facts and
evidence sufficient to establish proof that the rates or charges complained of are excessive or
noncompensatory, the commissioner may order the rates or charges canceled, and require the
filing of alternative and reasonable rates and charges, the reasonable level of which at that time
must be indicated by the commissioner in the order.
    Subd. 3. Hearing upon petition by another carrier. Upon the filing of a tariff or subsequent
supplement or reissue, any other carrier has the right to petition the commissioner to suspend
it from taking effect until opportunity is had for a hearing on the reasonableness of the rates or
charges, and the commissioner may suspend the rates or charges if in its judgment the rates or
charges complained of are so unreasonably low as to create destructive competitive practices
among or jeopardize the economic position of competing carriers. In determining whether the rates
or charges are excessive or noncompensatory, the commissioner shall include in consideration,
among other things, the reasonable cost of the services rendered for the transportation, including a
reasonable return on the money invested in the business and an adequate sum for maintenance and
depreciation of the property used.
    Subd. 4. Hearing on merits of rates and charges. The commissioner, (1) after a suspension
and hearing upon a schedule of rates and charges, or upon complaint, or upon the commissioner's
own initiative, either in extension of an existing complaint or without a complaint whatever, (2)
after department investigation and petition, (3) upon notice to the permit carrier or tariff agent
proposing, maintaining, or charging a schedule of rates and charges on a single group of related
commodities, and (4) upon notice to the users of the service and competitive carriers by motor
vehicle and rail, may assign for hearing the schedule of rates and charges proposed, maintained,
or charged by any or all permit carriers. Upon a finding, after a hearing, that the schedule of
rates and charges are unjust or unreasonable or unjustly discriminatory or unduly preferential or
prejudicial or otherwise in violation of this section, the commissioner may prescribe minimum
rates and charges and the rates, rules, and practices thereafter to be maintained and applied by the
permit carrier or tariff agent. In the hearing the burden of proof is upon the permit carrier or tariff
agent whose schedules of rates and charges are under investigation to show that the schedules
are not below a minimum reasonable level or are not noncompensatory. Schedules of rates and
charges for the transportation of livestock are not subject to rejection, suspension, postponement,
or investigation by the commissioner except as provided in subdivisions 2 and 3.
History: Ex1957 c 17 s 16; 1959 c 376 s 4; 1965 c 523 s 5; 1971 c 25 s 67; 1976 c 166 s 84;
1980 c 534 s 70; 1983 c 371 s 31; 1985 c 248 s 70; 1985 c 299 s 22; 1992 c 578 s 45; 1993 c
213 s 9; 2001 c 213 s 30
221.165 [Repealed, 1Sp2003 c 19 art 2 s 79]
221.17 [Repealed, Ex1957 c 17 s 31]
221.171 COMPENSATION OF PERMIT CARRIER FIXED.
    Subdivision 1. Compensation fixed by schedule on file. No permit carrier shall charge or
receive a greater, lesser, or different compensation for the transportation of persons or property or
for related service, than the rates and charges named in the carrier's schedule on file and in effect
with the commissioner including any rate fixed by the commissioner under section 221.161; nor
shall a permit carrier refund or remit in any manner or by any device, directly or indirectly, the
rates and charges required to be collected by the carrier under the carrier's schedules or under
the rates, if any, fixed by the commissioner.
    Subd. 2. Exemptions; household goods. (a) A person engaged in the transportation of
household goods for the federal government or an agency of the federal government or the
transportation of household goods for the state government or an agency of the state government
where competitive bids are required by law is exempt from subdivision 1.
(b) A person engaged in the transportation of household goods at the request of a nonprofit
charitable organization that qualifies for tax exemption under section 501(c)(3) of the Internal
Revenue Code is exempt from subdivision 1 when the transportation is in furtherance of the
organization's charitable purpose. A person engaged in the transportation of household goods for
a charitable organization may conduct the transportation without restriction to the geographic
area the carrier is authorized to serve under section 221.121.
History: Ex1957 c 17 s 17; 1965 c 523 s 6; 1971 c 25 s 67; 1976 c 166 s 85; 1980 c 534 s
71; 1983 c 371 s 32; 1986 c 444; 2001 c 213 s 30; 2005 c 12 s 1
221.172 SHIPPING DOCUMENT.
    Subdivision 1. Hazardous material bill of lading. A person who transports a hazardous
material by motor vehicle shall conform to the requirements of Code of Federal Regulations,
title 49, with respect to shipping documents.
    Subd. 2. Hazardous waste manifest. A person who transports a hazardous waste by motor
vehicle shall carry in the vehicle a hazardous waste manifest which conforms to the requirements
of Minnesota Rules, chapter 7045.
    Subd. 3. Class I, class II, or temperature-controlled commodities carrier; household
goods mover. (a) A class I carrier, class II carrier, household goods mover, and a holder of
a temperature-controlled commodities permit shall keep a record of each shipment transported
under a certificate or permit. A record may consist of one or more documents, including a bill of
lading, freight bill, manifest, delivery receipt, or other document. If it consists of more than one
document, the documents constituting a shipment record must be available for inspection together.
(b) A record must show the:
(1) names of the consignor and consignee;
(2) date of shipment;
(3) origin and destination points;
(4) number of packages, if applicable to the rating of the freight or if the carrier's operating
authority includes a package or article restriction, unless the shipment is transported by a
household goods mover;
(5) description of the freight;
(6) weight, volume, or measurement of the freight, if applicable to the rating of the freight or
if the carrier's operating authority includes a weight restriction;
(7) exact rate or rates assessed;
(8) total charges due, including the nature and amount of any charges for special service;
(9) the name of each carrier participating in the transportation; and
(10) after January 1, 1994, any terminals through which the shipment moved.
    Subd. 4. Truckload record. In addition to the items listed in subdivision 3, if the
transportation is provided under a class II-T permit or is a shipment of truckload freight, a record
must include the word "truckload" or must prominently display the letters "II-T" and must show
the name of the driver or drivers who transported the shipment, the pickup and delivery times,
and the license plate number or unit number of the power unit and trailer used to transport the
shipment.
    Subd. 5. Temperature-controlled commodities carrier. In addition to the items listed in
subdivision 3, if the transportation is provided under a temperature-controlled commodities
permit, a record must include the words "temperature-controlled commodities" or must
prominently display the letters "TCC" and must indicate the reasons for protecting the commodity
from heat or cold.
    Subd. 6. Courier services carrier. (a) A courier services carrier shall keep a record of
each shipment transported. A record may consist of one or more documents, including a bill of
lading, freight bill, manifest, delivery receipt, or other document. If it consists of more than one
document, the documents constituting a shipment record must be available for inspection together.
(b) A record must show the:
(1) names of the consignor and consignee;
(2) date of shipment;
(3) origin and destination points;
(4) number of packages;
(5) weight, volume, or measurement of the freight, if applicable to the rating of the freight;
(6) exact rate or rates assessed; and
(7) total charges due, including the nature and amount of any charges for special service.
(c) In addition to the items listed in paragraph (b), if the transportation is expedited delivery,
a record also must show the:
(1) license plate number or unit number of the vehicle used to transport the shipment;
(2) time of the shipper's initial request for service; and
(3) pickup and delivery times.
(d) In addition to the items listed in paragraph (a), if the transportation is overnight small
package delivery, a record also must show the:
(1) license plate number or unit number of the vehicle used to transport the shipment at
the point of delivery; and
(2) weight of each package or article of a shipment.
    Subd. 7. Contract carrier. (a) A contract carrier shall keep a record of each shipment
transported. A record may consist of one or more documents, including a bill of lading, freight
bill, manifest, delivery receipt, or other document. If it consists of more than one document, the
documents constituting a shipment record must be available for inspection together.
(b) A record must show the:
(1) names of the consignor and consignee;
(2) date of shipment;
(3) origin and destination points;
(4) description of freight;
(5) weight, volume, or measurement of the freight, if applicable to the rating of the freight or
if the contract carrier's operating authority includes a weight restriction;
(6) exact rate or rates assessed; and
(7) total charges due, including the nature and amount of any charges for special service.
    Subd. 8. Local cartage carrier. (a) A local cartage carrier shall keep a record of each
shipment transported. A record may consist of one or more documents, including a bill of
lading, freight bill, manifest, delivery receipt, or other document. If it consists of more than one
document, the documents constituting a shipment record must be available for inspection together.
(b) A record must show the:
(1) date of shipment;
(2) origin and destination points; and
(3) terminal through which the shipment moved, if any.
    Subd. 9.[Repealed, 1999 c 238 art 2 s 92]
    Subd. 10. Retained three years. A shipping document or record described in subdivision 2
or 3, or a copy of it, must be retained by the carrier for at least three years from the date on the
shipping document or record. A carrier may keep a shipping record described in subdivision 3 by
any technology that prevents the alteration, modification, or erasure of the underlying data and
will enable production of an accurate and unaltered paper copy. A carrier shall keep a shipping
record in a manner that will make it readily accessible and shall have a means of identifying and
producing a legible paper copy for inspection by the commissioner upon request.
History: 1983 c 371 s 33; 1988 c 544 s 17; 1993 c 117 s 27; 1999 c 238 art 2 s 57
221.173 ELECTRONIC SIGNATURE.
(a) The commissioner may accept in lieu of a required document completed on paper, an
electronically transmitted document authenticated by an electronic signature.
(b) The commissioner shall consult with the Office of Enterprise Technology, which shall
provide advice and assistance in establishing criteria and standards for authentication of electronic
signatures and establishing to a reasonable certainty the validity, security, and linkage of a specific,
unaltered, electronically transmitted document, its unforged signature, and its authorized signer.
(c) The commissioner may determine the technology or system to be used, which may
include a private key/public key system, an encrypted or cryptology-based system, a pen-based,
on-screen signature system that captures and verifies an autograph and links it to a specific
document, or other system or technology or combination of systems.
(d) To the extent consistent with this section, laws and rules pertaining to paper-based
documents also pertain to electronically transmitted documents.
History: 1997 c 230 s 16; 1998 c 359 s 19; 2005 c 156 art 5 s 23
221.175 [Repealed, 1947 c 266 s 7]
221.178 PASSENGER CARRIER; CRIMINAL BACKGROUND CHECK.
    Subdivision 1. Carrier to conduct background check. A motor carrier of passengers shall
conduct, or cause to be conducted, an initial background check of a person the carrier hires or with
whom the carrier contracts whose duties include operating a vehicle used to transport passengers.
A subsequent background check must be conducted every three years.
    Subd. 2. Scope and procedures of check. Sections 299C.67, 299C.68, 299C.70, and
299C.71 apply to background checks conducted under subdivision 1. For purposes of this section,
when used in sections 299C.67, 299C.68, 299C.70, and 299C.71, the term "owner" refers to
a motor carrier of passengers and the term "manager" refers to a driver. A motor carrier of
passengers may not use a driver to operate a vehicle providing passenger transportation if the
background check response shows that the driver has been convicted of a background check crime
defined in section 299C.67, subdivision 2, paragraph (a) or (b).
    Subd. 3. Records. A carrier shall keep a record, identified by the employee's name, of
a background check conducted under this section. A record must be made available to the
commissioner upon request.
    Subd. 4. Exception. This section does not apply to a driver who holds a valid driver's license
with a school bus endorsement.
History: 1999 c 238 art 2 s 58
221.18 [Repealed, Ex1957 c 17 s 31]
221.181 INTERSTATE CARRIER; REGULATION.
The commissioner may register interstate carriers and may regulate their operations to the
extent that regulation constitutes a valid exercise of the police powers of the state.
History: Ex1957 c 17 s 18; 1971 c 25 s 67; 1976 c 166 s 86; 1980 c 534 s 72; 1983 c 371 s 34
221.185 OPERATING AUTHORITY; SUSPENSION, CANCELLATION.
    Subdivision 1. Grounds for suspension. Despite the provisions of section 221.021, a
household goods mover permit or a motor carrier registration issued under section 221.0251 or
221.0252 is suspended without a hearing, by order of the commissioner, if the permit holder or
carrier fails to maintain and file with the commissioner, the insurance or bond required by section
221.141 and rules adopted under that section or the carrier or permit holder fails to pay annual
vehicle registration fees or renew permits as required by section 221.131, or the permit holder or
carrier fails to pay an administrative penalty under section 221.036.
    Subd. 2. Notice of suspension. (a) Failure to file and maintain insurance, renew permits
under section 221.131, or to pay annual vehicle registration fees or renew permits under section
221.131 or 221.296, or to maintain in good standing a protective agent's or private detective's
license required under section 221.121, subdivision 6g, or 221.153, subdivision 3, suspends a
motor carrier's permit or certificate two days after the commissioner sends notice of the suspension
by certified mail, return receipt requested, to the last known address of the motor carrier.
(b) In order to avoid permanent cancellation of the permit or certificate, the motor carrier
must do one of the following within 45 days from the date of suspension:
(1) comply with the law by filing insurance or bond, renewing permits, or paying vehicle
registration fees; or
(2) request a hearing before the commissioner regarding the failure to comply with the law.
    Subd. 2a. Notice of suspension; effective date. The commissioner shall issue a notice of
suspension if one of the conditions described in subdivision 1 occurs. The notice must give the
reason for suspension and must be sent to the last known address of the carrier by certified mail,
return receipt requested. A suspension is effective two days after a notice is mailed.
    Subd. 3. Suspension rescission. If the motor carrier complies with the requirements of this
chapter within 45 days after the date of suspension and pays the required fees, including a late
vehicle registration fee of $5 for each vehicle registered, the commissioner shall rescind the
suspension unless the carrier's registration has expired. If a registered carrier fails to comply
within one year of the effective date of a suspension, the carrier's registration is canceled.
    Subd. 3a. Hearing. If the motor carrier requests a hearing within 45 days after the date of
suspension, the commissioner shall review the suspension and:
(1) determine that the carrier has complied with the law and rescind the suspension;
(2) for just cause, grant an extension which must not exceed 20 days; or
(3) schedule a hearing to ascertain whether the carrier has failed to comply with the law. If it
is determined after the hearing that the carrier has failed to comply with the law, the commissioner
shall cancel the carrier's suspended permit or certificate.
    Subd. 4. Grounds for cancellation. Except as provided in subdivision 5a, failure to comply
with the requirements of sections 221.141 and 221.296 relating to bonds and insurance, 221.131
relating to permit renewal, 221.131 or 221.296 relating to annual vehicle registration or permit
renewal, 221.121, subdivision 6g, or 221.153, subdivision 3, relating to protective agent or private
detective licensure, or to request a hearing within 45 days of the date of suspension, is deemed
an abandonment of the motor carrier's permit or certificate and the permit or certificate must
be canceled by the commissioner.
    Subd. 5. Notice of cancellation. The commissioner shall notify the motor carrier by certified
mail, return receipt requested, that the permit or certificate is canceled effective on the date of
mailing the notice of cancellation.
    Subd. 5a. Reinstatement after cancellation. A motor carrier whose permit or certificate
is canceled for failure to comply with sections 221.141 and 221.296 relating to bonds and
insurance may ask the commissioner to review the cancellation. Upon review, the commissioner
shall rescind the cancellation if (1) the motor carrier presents evidence showing that before the
effective date of the notice of cancellation issued under subdivision 5, the motor carrier had
obtained and paid for the insurance required by sections 221.141 and 221.296, and the rules of the
commissioner, and (2) the commissioner is satisfied that the motor carrier has complied with the
requirements of sections 221.141 and 221.296 and the rules of the commissioner.
    Subd. 6.[Repealed, 1984 c 520 s 26]
    Subd. 7.[Repealed, 1984 c 520 s 26]
    Subd. 8.[Repealed, 1984 c 520 s 26]
    Subd. 9. New petition. If the holder of a canceled permit or certificate seeks authority to
operate as a motor carrier it shall file a petition with the commissioner for a permit or certificate as
provided in section 221.121 or 221.296, whichever is applicable.
History: 1983 c 371 s 35; 1984 c 520 s 14-20; 1985 c 299 s 23,24; 1988 c 544 s 18; 1993 c
213 s 10-12; 1999 c 238 art 2 s 59-64; 2001 c 213 s 30; 2002 c 379 art 1 s 58
221.19 [Repealed, Ex1957 c 17 s 31]
221.191 [Repealed, 1978 c 700 s 2]
221.20 [Repealed, Ex1957 c 17 s 31]
221.201 [Repealed, 1978 c 700 s 2]
221.21 [Repealed, Ex1957 c 17 s 31]
221.211 [Repealed, 1978 c 700 s 2]
221.22 [Repealed, Ex1957 c 17 s 31]
221.221 ENFORCEMENT POWERS.
    Subdivision 1. Commissioner enforces. The commissioner shall enforce the provisions of
this chapter and rules, orders, and directives issued or adopted by the commissioner under this
chapter.
    Subd. 2. Enforcement powers. Transportation program specialists and hazardous material
program specialists of the department, for the purpose of enforcing (1) this chapter, sections
169.781 to 169.783 relating to commercial vehicle inspections, and sections 168D.05 and
168D.12 relating to motor carrier licenses and trip permits, (2) Code of Federal Regulations, title
49, parts 40 and 382, and (3) the applicable rules, orders, or directives of the commissioner of
transportation and the commissioner of revenue, issued under this chapter and chapter 168D or
296A, but for no other purpose, have the powers conferred by law upon police officers. The
powers include the authority to conduct inspections at designated highway weigh stations or
under other appropriate circumstances.
    Subd. 3. Delegated powers. Representatives of the department to whom authority has been
delegated by the commissioner for the purpose of enforcing sections 169.781 to 169.783 and
221.171 and the rules, orders, or directives of the commissioner adopted or issued under those
sections, and for no other purpose, shall have the powers conferred by law upon police officers.
The representatives of the department have the power to inspect records, logs, freight bills, bills
of lading, or other documents which may provide evidence to determine compliance with sections
169.781 to 169.783 and 221.171.
    Subd. 4. Document inspection. Records, log books, certificates, licenses, shipping
documents, or other papers or documents required to determine compliance with this chapter,
rules adopted under this chapter, and Code of Federal Regulations, title 49, parts 40 and 382, must
be presented for inspection, upon request, to a peace officer or police officer or other person
empowered to enforce this chapter.
History: Ex1957 c 17 s 22; 1971 c 25 s 67; 1975 c 313 s 13; 1976 c 166 s 88; 1978 c 700 s
1; 1980 c 465 s 4; 1980 c 534 s 73; 1981 c 209 s 10; 1983 c 293 s 81; 1983 c 371 s 36; 1984 c
520 s 21; 1990 c 563 s 7,8; 1997 c 230 s 17,18; 1998 c 299 s 30; 1999 c 238 art 2 s 65; 2001 c
213 s 30; 2002 c 364 s 24,25; 2002 c 371 art 2 s 21
221.23 [Repealed, Ex1957 c 17 s 31]
221.231 RECIPROCAL AGREEMENT.
The commissioner may enter into reciprocal agreements with the regulatory bodies of other
states and the provinces of the Dominion of Canada, whereby the payment of the fees provided
in section 221.60 may be waived in whole or in part for motor carriers having an established
place of business in that state or province; provided that reciprocal privileges are extended under
the agreement to motor carriers of this state.
History: Ex1957 c 17 s 23; 1971 c 25 s 67; 1976 c 166 s 89; 1985 c 299 s 25
221.24 [Repealed, Ex1957 c 17 s 31]
221.241 TRANSPORTING FOOD FOR HUMAN CONSUMPTION.
No motor carrier engaged in either intrastate or interstate commerce shall transport for hire
food for human consumption in any motor vehicle which the carrier uses for the transportation of
livestock, unless such motor vehicle has been cleaned.
History: Ex1957 c 17 s 24; 1986 c 444
221.25 [Repealed, Ex1957 c 17 s 31]
221.251 OVERCHARGE REFUND.
    Subdivision 1. Refund within 90 days. Charges for freight, baggage, or express collected by
a motor carrier over what the carrier is entitled to receive under the lawful tariff or classification
must be refunded by the carrier within 90 days after a claim is filed, provided that a claim is filed
as provided in this section.
    Subd. 2. Claim adjustment, payment. (a) Every claim against a motor carrier doing
business in this state for an overcharge due to difference in weight or inapplicable rate, or for
loss, damage, or injury to property while in its possession, must be adjusted and paid within 90
days after the filing of the claim with the agent of the carrier delivering the freight, baggage, or
express, unless the delivering carrier protests the validity of the claim in writing to the claimant
within a 90-day period.
(b) Settlement of claims with the claimant is the responsibility of the carrier delivering the
freight, baggage, or express to its ultimate destination. No claim may be filed until after the
arrival of a shipment, or of some part of it, at the point of destination, or until after the lapse of a
reasonable time for its arrival. For this purpose, a claim, when filed, must consist of:
(1) an original bill of lading or shipping receipt;
(2) a paid freight bill;
(3) a bill of claimant; and
(4) an original invoice or certified copy when necessary.
(c) True copies of any of these documents may be used and, in case of absence, an
explanation must be attached. The carrier shall acknowledge the filing of a claim, or letters,
papers, or documents purporting to be a claim, within ten days after receipt and, if the claim as
filed does not comply with the above requirements, the carrier shall inform the claimant and
advise the claimant of what may be required to complete the claim.
    Subd. 3. Court action. If the claim is not paid or adjusted within 90 days of filing, suit may
be commenced in a court having jurisdiction. Persons similarly situated may intervene or be
joined and, if claimant prevails, a penalty of ten percent plus legal interest, reasonable attorneys'
fees, costs, and disbursements are allowed.
History: Ex1957 c 17 s 25; 1965 c 523 s 7; 1983 c 371 s 37; 1986 c 444
221.26 [Repealed, Ex1957 c 17 s 31]
221.261 COMPLAINT, ACTION IN DISTRICT COURT.
An action or proceeding may be instituted, upon verified complaint of the commissioner or
any interested person in any district court of any county wherein a motor carrier has a principal
office or into which its route extends, for the enforcement of any provision of this chapter, or
any order, rule or directive of the commissioner herein authorized, and the court may grant
provisional or other relief, ordinary or extraordinary, legal or equitable, which the nature of the
case may require, including temporary mandatory or restraining orders. Except when there is a
constitutional right to trial by jury not expressly waived, all proceedings shall be tried summarily
by the court and these matters shall take precedent over all other matters except criminal cases.
History: Ex1957 c 17 s 26; 1971 c 25 s 67; 1976 c 166 s 90; 1980 c 534 s 74; 1981 c
209 s 11; 2001 c 213 s 30
221.27 [Repealed, Ex1957 c 17 s 31]
221.271 LIABILITY.
Any person which shall do or cause to be done any unlawful act as herein provided, or fail
to perform any duty prescribed, or violate any duly established order, rule or directive of the
commissioner, or which shall aid or abet in the performance of any unlawful act or in the failure
to perform any such duty, shall be liable in damages to any person injured thereby, and such
person, if the person recovers, shall be allowed, in addition to damages, reasonable attorneys'
fees, together with costs and disbursements.
History: Ex1957 c 17 s 27; 1971 c 25 s 67; 1976 c 166 s 91; 1980 c 534 s 75; 1986 c
444; 2001 c 213 s 30
221.28 [Repealed, Ex1957 c 17 s 31]
221.281 [Repealed, 1999 c 238 art 2 s 92]
221.29 [Repealed, Ex1957 c 17 s 31]
221.291 VIOLATIONS, MISDEMEANORS.
    Subdivision 1. Conspiracy, attempt, aid or abet. Except as provided in subdivisions 4 and
5, and sections 221.036 and 609.671, a person who commits, procures, aids or abets or conspires
to commit, or attempts to commit, aid or abet in the violation of a provision of this chapter or a
valid order or rule of the commissioner issued hereunder, whether individually or in connection
with one or more persons or as principal, agent, or accessory, shall be guilty of a misdemeanor,
and every person who falsely, fraudulently, forcibly, or willfully induces, causes, coerces,
requires, permits, or directs another to violate a provision of this chapter, is likewise guilty of
a misdemeanor. Every distinct violation is a separate offense.
    Subd. 2. Directing another to violate. Except as provided in subdivisions 4 and 5, and
sections 221.036 and 609.671, a person employing or otherwise directing the driver of a vehicle to
require or knowingly to permit the operation of the vehicle upon a highway in a manner contrary
to this chapter is guilty of a misdemeanor.
    Subd. 3. Transportation of hazardous materials. Except as provided in sections 221.036
and 609.671, a person who ships, transports, or offers for transportation hazardous waste,
hazardous material, or hazardous substances in violation of a provision of this chapter or a rule
or order of the commissioner adopted or issued under this chapter which specifically applies to
the transportation of hazardous material, hazardous waste, or hazardous substances is guilty of a
misdemeanor and upon conviction may be fined up to the maximum fine which may be imposed
for a misdemeanor for each violation.
    Subd. 4. Operating without registration or permit. A person who operates a motor carrier
without first registering under section 221.0251 or 221.0252, or who operates as a household
goods mover without having obtained the necessary permit, is guilty of a misdemeanor, and
upon conviction shall be fined not less than the maximum fine which may be imposed for
a misdemeanor for each violation.
    Subd. 5. Variation of compensation rate. A person who knowingly offers, grants, gives,
solicits, accepts, or receives a rebate, concession, or discrimination in violation of a provision of
this chapter, or who by any means knowingly assists, requires, or permits a person to obtain or
provide transportation of persons or property for a greater or lesser or different compensation than
that approved by order of the commissioner, or in the case of permit carriers than that filed with the
commissioner, is guilty of a misdemeanor and upon conviction shall be fined not less than $200.
History: Ex1957 c 17 s 29; 1971 c 25 s 67; 1973 c 754 s 9; 1975 c 313 s 14; 1976 c 166 s
93; 1980 c 534 s 77; 1983 c 371 s 38; 1985 c 299 s 26; 1986 c 468 s 7; 1987 c 393 art 1 s 3; 1988
c 544 s 19-21; 1999 c 238 art 2 s 66; 2001 c 213 s 30
221.292 [Repealed, 1983 c 371 s 44]
221.293 COMPLAINT, HEARING, AND ORDER.
Where any provisions of this chapter or any order adopted thereunder or any rule of
the commissioner has been violated, the commissioner upon complaint being filed or on the
commissioner's own motion, may issue and serve upon the person engaged in such violation, a
complaint stating the charges in that respect, and containing a notice of a hearing upon a day and
at a place therein fixed at least ten days after the service of the complaint and notice requiring
the person so complained of to appear at the time and place fixed in the notice of hearing and
show cause why an order should not be entered by the commissioner requiring such person to
cease and desist from the violation alleged. If upon such hearing the commissioner shall find that
any of the violations alleged in the order to show cause are true, it shall so find and shall issue
and cause to be served upon such person an order requiring such person to cease and desist from
such violation. The district court, upon petition, may enforce such cease and desist order by
injunction or other appropriate writ or proceedings.
History: 1959 c 376 s 6; 1971 c 25 s 67; 1975 c 313 s 15; 1976 c 166 s 94; 1980 c 534 s
78; 2001 c 213 s 30
221.294 [Repealed, 1983 c 371 s 44]
221.295 NOTICE TO METROPOLITAN COUNCIL.
Notwithstanding any provision of any statute to the contrary, the Metropolitan Council must
be notified by the commissioner of any matter affecting public transit or an existing or proposed
transit system within the seven-county metropolitan area, which matter is formally or informally
before the commissioner for action or which is under study, including the initiation of any request
for action or study and prior to any hearings on other proceedings, whether ex parte or otherwise.
Notification must in all cases be given in a manner, at such time, and with such information
and data available to the commissioner as to enable the Metropolitan Council to meaningfully
evaluate, participate in, and comment upon the matter. The commissioner shall not approve, deny,
or otherwise attempt to resolve or act upon the matter until receipt of the comments and advice
of the Metropolitan Council with respect thereto, but if none are received they may act within
30 days after demand of the Metropolitan Council, or otherwise by mutual agreement. If the
commissioner takes action in any way contrary to or different from the comments and advice of
the Metropolitan Council, they shall specifically state the reasons and factual data for the action.
History: 1969 c 625 s 9; 1976 c 166 s 95; 1980 c 534 s 79; 1984 c 654 art 3 s 78; 1994
c 628 art 3 s 22; 2001 c 213 s 30
221.296 LOCAL CARTAGE CARRIER.
    Subdivision 1.[Repealed, 1983 c 371 s 44]
    Subd. 2.[Repealed, 1985 c 299 s 43]
    Subd. 3. Permit required. No person shall operate a local cartage carrier without a permit in
full force and effect with respect to the operation. The commissioner may revoke or suspend the
permit of a local cartage carrier after notice and hearing for violating a provision of this section
or a rule of the commissioner governing local cartage carriers. The commissioner may by order
suspend or cancel the permit under section 221.185.
    Subd. 4. Petition for permit. A person desiring to operate as a local cartage carrier shall
file a petition with the commissioner specifying the service offered, the name and address of the
petitioner, the names and addresses of the officers, if a corporation, and other information as the
commissioner may require. The commissioner, after notice to interested parties and a hearing,
shall issue the permit upon compliance with laws and rules relating to it unless it finds that the
area to be served has a sufficient number of local cartage carriers to fully and adequately meet the
needs of the area, that the petitioners' vehicles do not meet the safety standards adopted by rule
by the commissioner, or that petitioner is not fit and able to conduct the proposed operations. 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
rules of the commissioner governing local cartage carriers.
    Subd. 5. Permit fees. Upon filing a petition for a permit the petitioner shall pay to the
commissioner as a fee for the issuance of the permit, the sum of $150, and shall thereafter pay
an annual renewal fee of $75 plus $5 per motor vehicle if the local cartage carrier operates less
than five motor vehicles, or $100 plus $5 per motor vehicle if the local cartage carrier operates at
least five but less than 15 motor vehicles, or $150 plus $5 per motor vehicle if the local cartage
carrier operates 15 or more vehicles. Upon issuance of the permit the commissioner shall assign
the carrier a permit number, which must be painted or prominently displayed on both sides of
vehicles used by the local cartage carrier under authority of the permit.
The commissioner shall issue a distinguishing annual identification card for each vehicle
or power unit for which a permit has been issued. The identification card must be carried in the
vehicle or power unit to which it has been assigned. An identification card may be reassigned to
another vehicle or power unit upon application of the permit holder and payment of a transfer
fee of $10. An identification card issued under this section is effective only for the period for
which the permit is effective.
    Subd. 6. Bond. Local cartage carriers shall comply with the requirements of section 221.141.
    Subd. 7. Limitations. Nothing in this section shall be construed in any manner as taking
from or curtailing the right of any city to reasonably regulate or control the routing, parking,
speed or the safety of operation of any motor vehicle operated by local cartage carriers, nor the
general police powers of any city of its highways, nor as abrogating any provision of the charter
of any city requiring conditions to be complied with before such local cartage carrier can use the
highways of such city, and such rights and powers hereby stated are reserved and granted to
such city; but no city shall prohibit or deny the use of the public highways within its territorial
boundaries by any local cartage carrier for the transportation of property received within its
boundaries to destinations beyond such boundaries, or for the transportation of property from
points beyond such boundaries to destinations within the same, or for transporting property from
points beyond such boundaries through such municipality to points beyond the boundaries of such
municipality, where such operation is pursuant to a permit issued by the department pursuant to
an order of the commission.
    Subd. 8. Permit transferable. (a) Permits, issued under the provisions of this section may be
transferred but only upon the order of the commissioner approving same after notice and hearing.
(b) The proposed seller and buyer of a permit, shall file a joint verified petition with the
commissioner setting forth the legal name and address of the parties, the permit number and the
description of the authority which the parties seek to sell, a verified statement of the reasons for
the proposed sale, a verified statement of all outstanding claims of creditors which are attributable
to the business conducted under said permit, a copy of the contract of sale and financial statement
with balance sheet and income statement, if existent, of the buyer and the seller.
(c) After notice to interested parties and a hearing the commissioner shall not make an order
approving and allowing the sale unless the commissioner finds that the buyer is fit and able to
conduct the business authorized under said permit, that the vehicles the buyer proposes to use in
conducting such business meet the safety standards of the commissioner, that the price paid for the
purchase of the permit is not disproportionate to the reasonable value of the permit considering
all assets and goodwill sold, that the proposed sale is in the best interest of the shipping public,
and that the seller has legally engaged in the transportation of property or freight for hire on a
meaningful basis as determined by the commissioner within the two-year period immediately
preceding the sale as proven by accurate and complete bills of lading, company records, operation
records, or other relevant evidence. For purposes of determining said two-year period, any
divesting of interest or control shall be deemed the date of the sale and the commissioner shall
look to the substance of the transaction rather than the form. Any agreement for the transfer or sale
of a permit shall be reported and filed with the commissioner within 30 days of such agreement.
(d) If any authority to operate as a local cartage carrier, is held by a corporation, any
sale, assignment, pledge or other transfer of such stock interest in the corporation which will
accomplish a substantial or material change or transfer of the majority ownership of said
corporation, as exercised through its stockholders, shall be reported in the manner prescribed by
the rules of the commissioner within 30 days after said sale, assignment, pledge or other transfer of
stock. The commissioner shall then make a finding whether or not said stock transfer does, in fact,
constitute a sale, or other transfer of the permit of said corporation to a new party or parties and, if
they so find, then the continuance of the permit issued to said corporation shall only be upon the
corporation's complying with the standards and procedures otherwise imposed by this section.
(e) The commissioner shall allow a bona fide transfer of a permit, ex parte without hearing
where the transferee of said permit is in fact a member or members of the transferor's immediate
family. For the purpose of this paragraph immediate family shall consist only of the lawful
spouse, adult child or children, brother or sister of the transferor. A transfer pursuant to this
paragraph shall include:
(1) transfer to a corporation the stock of which is wholly owned by the transferor or
immediate family members;
(2) transfer to a partnership or partner consisting solely of the immediate family as defined in
this paragraph.
History: 1967 c 79 s 1; 1971 c 25 s 67; 1973 c 123 art 5 s 7; 1973 c 231 s 1,2; 1973 c 766
s 2; 1975 c 313 s 16-18; 1976 c 166 s 96-102; 1980 c 534 s 80-83; 1983 c 293 s 82; 1983 c
371 s 39-41; 1984 c 520 s 22; 1985 c 248 s 70; 1986 c 444; 1987 c 393 art 2 s 7; 1988 c 544
s 22-24; 2001 c 213 s 30
221.30 [Repealed, Ex1957 c 17 s 31]
221.31 [Repealed, Ex1957 c 17 s 31]
221.32 [Repealed, Ex1957 c 17 s 31]
221.33 [Repealed, Ex1957 c 17 s 31]
221.34 [Repealed, Ex1957 c 17 s 31]
221.35 [Repealed, Ex1957 c 17 s 31]
221.36 [Repealed, Ex1957 c 17 s 31]
221.37 [Repealed, Ex1957 c 17 s 31]
221.38 [Repealed, Ex1957 c 17 s 31]
221.381 [Repealed, Ex1957 c 17 s 31]
221.39 [Repealed, Ex1957 c 17 s 31]
221.40 [Repealed, Ex1957 c 17 s 31]
221.41 [Repealed, Ex1957 c 17 s 31]
221.42 [Repealed, Ex1957 c 17 s 31]
221.43 [Repealed, Ex1957 c 17 s 31]
221.44 [Repealed, Ex1957 c 17 s 31]
221.45 [Repealed, Ex1957 c 17 s 31]
221.46 [Repealed, Ex1957 c 17 s 31]
221.465 [Repealed, Ex1957 c 17 s 31]
221.47 [Repealed, Ex1957 c 17 s 31]
221.48 [Repealed, Ex1957 c 17 s 31]
221.49 [Repealed, Ex1957 c 17 s 31]
221.50 [Repealed, Ex1957 c 17 s 31]
221.51 [Repealed, Ex1957 c 17 s 31]
221.52 [Repealed, Ex1957 c 17 s 31]
221.53 [Repealed, Ex1957 c 17 s 31]
221.54 [Repealed, 1Sp2003 c 19 art 2 s 79]
221.55 [Repealed, 1Sp2003 c 19 art 2 s 79]

INTERSTATE MOTOR CARRIER OPERATIONS

221.60 REGISTRATION OF INTERSTATE CARRIER.
    Subdivision 1. Procedure. A motor carrier may transport persons or property for hire in
interstate commerce in Minnesota only if it first:
(1) complies with section 221.141;
(2) either registers with the commissioner the federal operating authority that it intends to
exercise, or registers and describes the transportation it performs under an exemption contained
in United States Code, title 49; and
(3) purchases an interstate identification stamp or an interstate registration trip permit for
each vehicle to be used in interstate transportation in Minnesota.
    Subd. 2. Form and fees. A motor carrier engaged in interstate commerce shall register
its interstate transportation authority or exemption before February 1 of each year on a form
prescribed by the commissioner. The fee for the initial registration is $25. The fee for each
identification stamp is $5; however, a lesser fee may be collected pursuant to a reciprocal
agreement authorized by section 221.65. In addition to the fees required by this subdivision, a
motor carrier shall pay a service charge of 45 cents for each stamp or card issued.
    Subd. 3. Failure to register. Failure to register for three consecutive years cancels the
carrier's registration. The commissioner must give 30-days' notice of the cancellation to the carrier
at the carrier's last known address.
    Subd. 3a. Failure to maintain insurance. If a carrier fails to maintain and file with
the commissioner the insurance or bond required by section 221.141 and the rules of the
commissioner, the commissioner shall suspend and cancel the carrier's interstate registration
according to the procedure in section 221.185, subdivisions 2, paragraphs (a) and (b), clause
(1); and 3. If the carrier fails to comply with section 221.141 within 45 days of the date of
suspension, the commissioner shall cancel the carrier's interstate registration until the carrier files
and maintains insurance as required by section 221.141 and rules of the commissioner. The
commissioner shall notify the carrier of the cancellation.
    Subd. 4. Cab card. A carrier required to register under this section shall obtain the National
Association of Regulatory Utility Commissioners cab card described in Code of Federal
Regulations, title 49, section 1023.36, and affix the stamp to the cab card. A cab card bearing a
current Minnesota interstate identification stamp must be carried in the cab of a vehicle operated
for hire in interstate commerce in Minnesota.
    Subd. 5. Temporary interstate registration. An interstate registration trip permit valid for
ten days from the date of issue may be issued to a motor carrier engaged in interstate commerce
that:
(1) complies with section 221.141;
(2) either registers its interstate operating authority or registers and describes the
transportation it performs under an exemption contained in the Interstate Commerce Act, United
States Code, title 49; and
(3) pays a state fee of $5 for each permit.
    Subd. 6. Transfer of authorization document. A motor carrier engaged in interstate
commerce may not transfer or sell or allow another carrier to use its interstate identification
stamp, its interstate registration trip permit, or its cab card. However, a cab card and identification
stamp may be transferred to a leased vehicle operated under the authority of the motor carrier to
whom the cab card and identification stamp were issued.
History: 1985 c 299 s 27; 1987 c 393 art 2 s 8; 1989 c 318 s 16; 1992 c 578 s 46; 2003 c
2 art 4 s 8
221.601 AGREEMENT WITH ANOTHER STATE.
    Subdivision 1. Authority. The commissioner may enter into agreements with representatives
of other states to allow the cooperative registration of motor carriers transporting property or
passengers for hire in interstate commerce. The agreement may authorize representatives of
other states to issue interstate registration stamps and trip permits; accept the filing of insurance
certificates, insurance cancellation notices, and orders of the former Interstate Commerce
Commission or a successor agency; issue suspension and reinstatement orders or notices; and
collect and disburse fees prescribed by this chapter. The agreement may allow the exchange of
information for audit, reporting, and enforcement purposes, and the collection and disbursement
of fees provided under this chapter and the laws of other states that participate in the agreement.
The agreement and all amendments must be in writing. The agreement may provide for the
gradual adoption of a base state registration system. It may provide that a motor carrier based in
another state participating in the agreement, that has filed evidence of financial responsibility in
that state that meets the requirements of this chapter and of the agreement, need not file evidence
of financial responsibility with the commissioner for its interstate operations in this state.
    Subd. 2. Definition. For purposes of this section, "state" means a state, the District of
Columbia, or a state or province of a foreign country.
History: 1989 c 318 s 17; 1990 c 462 s 6; 2003 c 2 art 4 s 9
221.602 INTERSTATE CARRIER REGISTRATION.
    Subdivision 1. Procedure; nonexempt carrier. A motor carrier subject to the jurisdiction
of the U.S. Department of Transportation or Surface Transportation Board under United States
Code, title 49, chapter 135, subchapter I, with its principal place of business in Minnesota or that
designates Minnesota as its base state, may transport persons or property for hire in Minnesota
only if it first complies with the insurance regulations described in Code of Federal Regulations,
title 49, part 387, and registration regulations described in Code of Federal Regulations, title 49,
parts 356 and 365, adopted by the Interstate Commerce Commission or a successor agency under
United States Code, title 49, section 14504 or former section 11506. The registration fee is $5;
however, a lesser fee may be collected pursuant to a reciprocal agreement authorized by section
221.65. A motor carrier shall pay a service charge of 45 cents for each registration receipt issued
in addition to the fee required by this subdivision.
    Subd. 2. Procedure; exempt carrier. (a) A motor carrier that is exempt from federal
jurisdiction under United States Code, title 49, may transport persons or property for hire in
interstate commerce in Minnesota only if it first:
(1) complies with section 221.141;
(2) registers and describes the transportation it performs under an exemption contained
in United States Code, title 49; and
(3) pays the fee required in subdivision 1.
(b) A motor carrier that complies with subdivision 1 is not also required to comply with
this subdivision.
    Subd. 3. Registration period. The registration period is that provided in regulations adopted
under United States Code, title 49, section 14504 or former section 11506.
    Subd. 4. Receipt. On compliance with subdivision 1 or 2, the commissioner shall issue a
receipt showing that the motor carrier has complied with the regulations applicable to it. Proof
of registration must be kept in each of the carrier's vehicles.
History: 1993 c 117 s 28; 2003 c 2 art 4 s 10-12; 2004 c 225 s 12
221.605 COMPLIANCE BY CARRIER.
    Subdivision 1. Federal regulations and state rules. (a) Interstate carriers and private
carriers engaged in interstate commerce shall comply with the federal motor carrier regulations in
Code of Federal Regulations, title 49, parts 40, 382, 383, 387, and 390 through 398 and with the
rules of the commissioner concerning inspections, vehicle and driver out-of-service restrictions
and requirements, and vehicle, driver, and equipment checklists. For purposes of regulating
commercial motor vehicles as defined in section 169.781, subdivision 1, the exemption provided
in Code of Federal Regulations, title 49, section 396.11, paragraph (d), applies in Minnesota only
to driveaway-towaway operations.
(b) An interstate carrier or private carrier engaged in interstate commerce who complies with
federal regulations governing testing for controlled substances and alcohol is exempt from the
requirements of sections 181.950 to 181.957 unless the carrier's drug testing program provides for
testing for controlled substances in addition to those listed in Code of Federal Regulations, title
49, section 40.85. Persons subject to this section may test for drugs, in addition to those listed in
Code of Federal Regulations, title 49, section 40.85, only in accordance with sections 181.950 to
181.957 and rules adopted under those sections.
    Subd. 2. Investigation, prosecution, and enforcement. The commissioner shall investigate
the operations of carriers engaged in interstate commerce in Minnesota and their compliance
with federal regulations, this chapter, and the rules of the commissioner, and may institute and
prosecute proceedings in the proper district court for their enforcement.
    Subd. 3. Out-of-service criteria adopted by reference. The North American Uniform
Driver, Vehicle, and Hazardous Materials Out-Of-Service Criteria developed and adopted by the
Federal Highway Administration and the Commercial Vehicle Safety Alliance are adopted in
Minnesota.
History: 1988 c 544 s 25; 1990 c 563 s 9; 1991 c 333 s 36; 1992 c 578 s 47; 1996 c 377 s 7;
2002 c 364 s 26; 2004 c 225 s 13
221.61 [Repealed, 1985 c 299 s 43]
221.62 [Repealed, 1985 c 299 s 43]
221.63 [Repealed, 1985 c 299 s 43]
221.64 [Repealed, 1985 c 299 s 43]
221.65 RECIPROCAL AGREEMENT.
Nothing in this chapter shall be construed to impair the authority of the commissioner to
enter into reciprocal agreements with the regulatory bodies of other states and the provinces of the
Dominion of Canada, as provided in section 221.231.
For the purposes of section 221.231, the commissioner shall be deemed to be the successor
of the Department of Public Service. The commissioner may exercise any power, duty or function
heretofore conferred by law or agreement upon the Department of Public Service to the extent
necessary to preserve any reciprocal agreement heretofore concluded under the provisions of
section 221.231. Nothing in this section shall be construed to prevent the negotiation of new or
replacement agreements as conditions and circumstances may warrant.
History: 1963 c 399 s 5; 1971 c 25 s 67; 1976 c 166 s 108; 1985 c 299 s 28
221.66 [Repealed, 1985 c 299 s 43]
221.67 SERVICE OF PROCESS.
The use of any of the public highways of this state for the transportation of persons or
property for compensation by a motor carrier in interstate commerce shall be deemed an
irrevocable appointment by the carrier of the secretary of state to be the carrier's true and lawful
attorney upon whom may be served all legal process in any action or proceeding brought under
this chapter against the carrier or the carrier's executor, administrator, personal representative,
heirs, successors or assigns. This use is a signification of agreement by the interstate motor carrier
that any process in any action against the carrier or the carrier's executor, administrator, personal
representative, heirs, successors, or assigns which is so served shall be of the same legal force
and validity as if served upon the carrier personally. Service shall be made according to section
5.25 and the plaintiff's affidavit of compliance with the provisions of this section and sections
221.60, 221.65, and 221.68 must be attached to the summons.
History: 1963 c 399 s 7; 1980 c 541 s 3; 3Sp1981 c 2 art 1 s 30; 1985 c 299 s 29; 1986 c
444; 1987 c 404 s 157; 1989 c 335 art 1 s 184; 1995 c 128 art 1 s 5
221.68 REGISTRATION VIOLATIONS; PENALTIES.
Any person who violates or procures, aids, or abets violation of, or fails to comply with,
the provisions of Laws 1985, chapter 299, sections 27 to 29 or any valid order or rule of the
commissioner issued hereunder shall be guilty of a misdemeanor; and, additionally, shall be
subject to a penalty of $50 for each and every day of such failure to so comply, to be recovered for
the state in a civil action. Each distinct violation shall be a separate offense.
History: 1963 c 399 s 8; 1971 c 25 s 67; 1976 c 166 s 110; 1980 c 534 s 85; 1985 c 299 s
30; 2001 c 213 s 30

MISCELLANEOUS

221.71 COMMUTER VAN; DRIVER LIABILITY.
    Subdivision 1. Employment relationship. Notwithstanding any other law to the contrary,
the services performed by a driver of a commuter van shall be deemed to be those of an
independent contractor and not those of an employee acting within the scope of employment,
unless provided in writing to the contrary.
    Subd. 2. Standard of care. A driver or owner of a commuter van shall not be held to the
standard of care applicable to drivers or owners of common carriers, nor shall they be subject to
ordinances or rules which relate exclusively to the regulation of drivers or owners of automobiles
for hire or other common carriers or public transit carriers.
History: 1976 c 233 s 10; 1985 c 248 s 70; 1986 c 444
221.81 BUILDING MOVER.
    Subdivision 1. Definitions. For the purposes of this section, the terms used in this section
have the meanings given them in this subdivision.
(a) "Building mover" means a person, corporation, or other entity who raises, supports off the
foundation, and moves buildings on and over public streets and highways. Building mover does
not include a person who moves manufactured homes or modular homes, farmers moving their
own farm buildings, or persons moving buildings which are less than 16 feet wide by 20 feet long.
(b) "Political subdivision" means a city, town, or county.
(c) "Road authority" has the meaning given it in section 160.02, subdivision 25.
    Subd. 2. License. No person may operate as a building mover in this state unless licensed
by the commissioner. The commissioner may inspect a building mover's vehicles or records to
determine compliance with this section.
    Subd. 3. License application. To obtain a license to operate as a building mover an applicant
shall file an application with the commissioner specifying the name and address of its officers and
other information as the commissioner may reasonably require. The commissioner shall issue the
license upon compliance by the applicant with insurance requirements and payment of an initial
$150 filing fee. A license once granted continues in full force and effect, subject to a $100 annual
renewal fee and compliance with insurance requirements, unless revoked or suspended.
The commissioner, upon approval of a license for a building mover, shall issue a sufficient
number of cab cards to each licensed mover to provide one cab card for each power unit used
in moving buildings. The fee is $10 for each cab card issued. The cab card must be carried at
all times in a readily available place in the cab of the power unit for which it was issued. The
building mover may also purchase up to five floater cab cards for a fee of $100 for each floater
card issued. Cab cards are effective for a 12-month period and continue from year to year
thereafter upon payment of the required fee. Cab cards are only good for the period for which the
license is effective.
    Subd. 3a. Insurance. (a) Each building mover shall have in effect the following:
(1) comprehensive general liability insurance including completed operations, underground
property damage, and collapse coverage in the amount of at least $500,000 for bodily injury or
property damage; and
(2) motor vehicle liability insurance in the amount of at least $500,000 for bodily injury
or property damage.
(b) The insurance must be written by an insurer licensed to do business in the state of
Minnesota. Each building mover shall file with the commissioner a certificate evidencing the
insurance. The insurance policy must provide that the policy may not be canceled without the
insurer first giving 30 days' written notice to the commissioner of the impending cancellation.
(c) On request of the commissioner, the insurer must furnish a duplicate original of the policy
and all endorsements to the policy.
    Subd. 3b. Local permit. A building mover may not move a building on or across a street or
highway without first obtaining a permit from the road authority having jurisdiction over the street
or highway. A permit for the movement of a building may not be granted to a building mover who
does not possess a current license issued by the commissioner.
    Subd. 3c. Local regulation. No license to move buildings or bond, cash deposit, or insurance
coverage may be required by a political subdivision of the state other than the license and
insurance coverage required by the commissioner. A road authority may charge a fee for services
performed and may require a permit which reasonably regulates the hours, routing, movement,
parking, or speed limit for a building mover operating on streets or highways under its jurisdiction.
A building mover shall comply with the State Building Code in jurisdictions which have adopted
the State Building Code, and with local ordinances which regulate the moving or removing of
buildings. A building mover may not be required to pay a route approval fee to, or obtain a permit
for the movement of a building on streets or highways from, a political subdivision which is not
also the road authority. This section does not prohibit a political subdivision from charging a
permit fee for regulation of activities which do not involve the use of public streets or highways.
Neither the state nor a political subdivision may regulate rates charged by building movers.
    Subd. 3d. Identification. (a) A building mover's name and address must be displayed on the
power unit of a vehicle used to move buildings and on buildings being moved.
(b) Vehicles and buildings must show the name or "doing business as" name of the license
holder operating the vehicle and the community and abbreviation of the state in which the
license holder maintains its principal office or in which the vehicle is customarily based. If the
building mover operates a leased vehicle, it may show its name and the name of the lessor on
the vehicle, if the lease relationship is clearly shown. If the name of a person other than the
building mover appears on the vehicle, the words "operated by" must immediately precede the
name of the building mover.
(c) The name and address must be in letters that contrast sharply in color with the
background, be readily legible during daylight hours from a distance of 50 feet while the vehicle
or building is stationary, and be maintained in a manner that retains the legibility of the markings.
The name and address may be shown by use of a removable device if that device meets the
identification and legibility requirements of this subdivision.
    Subd. 3e. Safety rules. (a) A building mover must comply with the rules adopted in section
221.0314: (1) subdivision 6 for driving of motor vehicles; (2) subdivision 7 for parts and
accessories necessary for the safe operation, except as provided in paragraph (b); (3) subdivision
10 for inspection, repair, and maintenance; (4) subdivision 8 for accident reporting; and, (5) on
and after August 1, 1994, subdivisions 2 to 5 for driver qualifications.
(b) A towed vehicle, other than a full trailer, pole trailer, or semitrailer, as those terms are
defined in Code of Federal Regulations, title 49, section 390.5, used by a building mover to
move a building on a highway is not required to comply with rules for parts and accessories
necessary for safe operation.
    Subd. 4. License revocation, suspension, denial. The commissioner, after notice and a
hearing, may revoke, suspend, or deny a license for:
(1) failure of the applicant or license holder to reimburse the road authority for damage to
public highways, roads, streets, or utilities that are not paid for by the license holder's insurer;
(2) conduct of the applicant or license holder that endangers the health and safety of users of
the public highways, roads, streets, or utilities;
(3) conduct of the applicant or license holder that obstructs traffic in a manner other than
as authorized in the permit;
(4) violation of this section;
(5) failure to obtain or comply with required local moving permits or permits required by
section 169.86;
(6) placing or leaving a building on property without the permission of the owner of the
property or in violation of local ordinances; or
(7) abandoning a building after it is first moved under the road permit. For purposes of
this subdivision, "abandon" means conduct that shows that a building mover has failed to use
reasonable diligence in moving a building to the location described in the road permit.
    Subd. 5. Suspension by commissioner. (a) The commissioner shall suspend a license
without a hearing for the following reasons:
(1) failure to pay the renewal fee; or
(2) failure to comply with insurance requirements.
(b) The suspension continues until the fees are paid and the insurance requirements are
satisfied.
    Subd. 6. Misdemeanor. A person who violates, or aids or abets the violation of, any of the
provisions of this section is guilty of a misdemeanor. Every distinct violation is a separate offense.
    Subd. 7.[Repealed, 1983 c 293 s 84]
    Subd. 8.[Repealed, 1983 c 293 s 84]
    Subd. 9.[Repealed, 1983 c 293 s 84]
History: 1979 c 111 s 1; 1981 c 209 s 12; 1981 c 365 s 9; 1982 c 617 s 21; 1983 c 293 s 84;
1984 c 520 s 23; 1985 c 299 s 31; 1988 c 544 s 26; 1992 c 578 s 48-51; 1993 c 117 s 29
221.82 RECEIPTS CREDITED TO TRUNK HIGHWAY FUND.
Money received by the commissioner under the provisions of this chapter shall be paid into
the state treasury and credited to the trunk highway fund.
History: 1983 c 293 s 85
221.83 COSTS PAID FROM TRUNK HIGHWAY FUND.
The costs of administering the provisions of this chapter shall be paid from the trunk
highway fund.
History: 1983 c 293 s 86
221.84 LIMOUSINE.
    Subdivision 1. Definition. "Limousine service" means a service that:
(1) is not provided on a regular route;
(2) is provided in a luxury passenger automobile that is not a van or station wagon and has a
seating capacity of not more than 12 persons, excluding the driver;
(3) provides only prearranged pickup; and
(4) charges more than a taxicab fare for a comparable trip.
    Subd. 2. Permit required; rules. (a) No person may operate a for-hire limousine service
without a permit from the commissioner.
(b) The commissioner shall adopt rules governing the issuance of permits for for-hire
operation of limousines that include:
(1) annual inspections of limousines;
(2) driver qualifications, including requiring a criminal history check of drivers;
(3) insurance requirements;
(4) advertising regulation, including requiring a copy of the permit to be carried in the
limousine and use of the words "licensed and insured";
(5) provisions for agreements with political subdivisions for sharing enforcement costs;
(6) issuance of temporary permits and temporary permit fees; and
(7) other requirements deemed necessary by the commissioner.
(c) This section does not apply to limousines operated by persons meeting the definition of
private carrier in section 221.011, subdivision 26.
    Subd. 3. Administrative penalties. The commissioner may issue an order requiring
violations of statutes, rules, and local ordinances governing operation of limousines to be
corrected and assessing monetary penalties up to $1,000. The commissioner may suspend or
revoke a permit for violation of applicable statutes and rules and, upon the request of a political
subdivision, may immediately suspend a permit for multiple violations of local ordinances. The
commissioner shall immediately suspend a permit for failure to maintain required insurance and
shall not restore the permit until proof of insurance is provided. A person whose permit is revoked
or suspended or who is assessed an administrative penalty may appeal the commissioner's action
in a contested case proceeding under chapter 14.
    Subd. 4. Permit; decal; fees. (a) The commissioner shall design a distinctive decal to be
issued to permit holders under this section. Each decal is valid for one year from the date of
issuance. No person may operate a limousine that provides limousine service unless the limousine
has such a decal conspicuously displayed.
(b) During the period July 1, 1991, to June 30, 1992, the fee for each decal issued under
this section is $150. After June 30, 1992, the fee for each decal is $80. The fee for each permit
issued under this section is $150. The commissioner shall deposit all fees under this section
in the trunk highway fund.
History: 1991 c 284 s 7; 1992 c 578 s 52; 1997 c 159 art 2 s 38
221.85 [Repealed, 1999 c 238 art 2 s 92]
221.86 PARTIAL IMMUNITY FOR MOTOR CARRIER EMPLOYER.
A motor carrier employer that discloses information in good faith about a present or
former employee in response to a request pursuant to Code of Federal Regulations, title 49,
section 382.413, is immune from civil liability, except in cases of knowing disclosure of false
information or negligence, for the disclosure and the consequences proximately caused by the
disclosure, provided that:
(1) the employer has and observes a written testing policy and procedure which complies
with federal and state laws;
(2) the employer uses a certified laboratory and lawful test procedures;
(3) the employer sends the information to the prospective employer who has requested the
information, on a request and authorization form signed by the employee; and
(4) the employer sends only information on the employee for whom the information was
requested, that:
(i) shows whether or not, during the preceding two years, the employee tested 0.04 or greater
alcohol concentration, tested positive on a verified test for the presence of controlled substances,
or refused to be tested for alcohol or controlled substances;
(ii) states the dates of any tests listed in item (i); and
(iii) includes any and all information on confirmatory tests requested by the employee.
History: 1997 c 230 s 19

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