2000 Minnesota Statutes

     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 Repealed, 1983 c 371 s 44 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 Repealed, 1985 c 299 s 43 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 board 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 board 
 or 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 board 
 and commissioner may require.  The board, 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 board and 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 board 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 
 board shall not make an order approving and allowing the sale 
 unless the board 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 board 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 board 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 board 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 board within 30 days after said sale, assignment, 
 pledge or other transfer of stock.  The board 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 board 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. 

    HIST: 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