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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

Official Publication of the State of Minnesota
Revisor of Statutes