2006 Minnesota Statutes

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