2007 Minnesota Statutes

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    Subd. 2b.[Repealed, 2004 c 225 s 15]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    Subd. 4.[Repealed, 1983 c 371 s 44]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    Subd. 7.[Repealed, 1999 c 238 art 2 s 92]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    Subd. 9.[Repealed, 1999 c 238 art 2 s 92]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    Subd. 11.[Repealed, 1992 c 600 s 34]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