S.F. No. 1876, as introduced - 86th Legislative Session (2009-2010) Posted on Mar 24, 2009
1.1A bill for an act1.2relating to transportation; modifying and updating provisions relating to motor
1.3carriers, highways, and the Department of Transportation; making clarifying
1.4and technical changes;amending Minnesota Statutes 2008, sections 168.013,
1.5subdivision 1e; 168.185; 169.025; 169.801, subdivision 10; 169.823, subdivision
1.61; 169.824; 169.8261; 169.827; 169.85, subdivision 2; 169.862, subdivision 2;
1.7169.864, subdivisions 1, 2; 169.865, subdivisions 1, 2, 3, 4; 169.866, subdivision
1.81; 169.87, subdivision 2; 174.64, subdivision 4; 174.66; 221.012, subdivisions
1.919, 29; 221.021, subdivision 1; 221.022; 221.025; 221.026, subdivisions
1.102, 5; 221.0269, subdivision 3; 221.031, subdivisions 1, 3, 3c, 6; 221.0314,
1.11subdivisions 2, 3a, 9; 221.033, subdivisions 1, 2; 221.121, subdivisions 1, 7;
1.12221.122, subdivision 1; 221.123; 221.132; 221.151, subdivision 1; 221.161,
1.13subdivisions 1, 4; 221.171; 221.172, subdivision 3; 221.185, subdivisions 2,
1.144, 5a, 9; 221.605, subdivision 1; 221.68; 221.81, subdivision 3d; repealing
1.15Minnesota Statutes 2008, sections 169.67, subdivision 6; 169.826, subdivisions
1.161b, 5; 169.832, subdivisions 11, 11a; 221.012, subdivisions 2, 3, 6, 7, 11, 12,
1.1721, 23, 24, 30, 32, 39, 40, 41; 221.031, subdivision 2b; 221.072; 221.101;
1.18221.111; 221.121, subdivisions 2, 3, 5, 6, 6a, 6c, 6d, 6e, 6f; 221.131, subdivision
1.192a; 221.141, subdivision 6; 221.151, subdivisions 2, 3; 221.153; 221.172,
1.20subdivisions 4, 5, 6, 7, 8; 221.296, subdivisions 3, 4, 5, 6, 7, 8.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.22 Section 1. Minnesota Statutes 2008, section 168.013, subdivision 1e, is amended to
1.24 Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors
1.25except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
1.26combinations except those defined as farm combinations, and on commercial zone
1.27vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
1.28base rate schedule prescribed in this subdivision, but in no event less than $120.
1.29Minnesota Base Rate Schedule
1.30Scheduled taxes include five percent
2.1surtax provided for in subdivision 14
2.24axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.
2.25 (c) For each vehicle with a gross weight in excess of 80,000 pounds an additional
2.26tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds, subject
2.27to subdivision 12.
2.28 (d) For purposes of registration identification, for vehicles registered in the "O"
2.29category, the owner must declare at the time of registration whether the vehicle will carry
2.30a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle
2.31use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive
2.32weight sticker must be issued and the owner is restricted to a gross vehicle weight of
2.33less than 55,000 pounds.
2.34 (e) Truck-tractors except those herein defined as farm and commercial zone vehicles
2.35shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
2.36combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
2.37applicant proposes to combine with the truck-tractor.
2.38 (f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
2.39combinations which are operated by an interstate carrier registered under section
3.2solely within a zone exempt from regulation pursuant to United States Code, title 49,
3.4 (g) The license plates issued for commercial zone vehicles shall be plainly marked.
3.5A person operating a commercial zone vehicle outside the zone or area in which its
3.6operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor
3.7penalty, the registrar shall revoke the registration of the vehicle as a commercial zone
3.8vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax
3.9prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded
3.10during the balance of the registration year.
3.11 (h) On commercial zone trucks the tax shall be based on the total gross weight of
3.12the vehicle and during each of the first eight years of vehicle life is 75 percent of the
3.13Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
3.14tax is 50 percent of the Minnesota base rate schedule.
3.15 (i) On trucks, truck-tractors and semitrailer combinations, except those defined
3.16as farm trucks and farm combinations, and except for those commercial zone vehicles
3.17specifically provided for in this subdivision, the tax for each of the first eight years of
3.18vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and
3.19during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota
3.20base rate prescribed by this subdivision.
3.21 (j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
3.22combination are semitrailers.
3.23 Sec. 2. Minnesota Statutes 2008, section 168.185, is amended to read:
3.24168.185 USDOT NUMBERS.
3.25 (a) Except as provided in paragraph (d), an owner of a truck or truck-tractor having
3.26a gross vehicle weight of more than 10,000 pounds, as defined in section
3.28carrier number. A person subject to this paragraph who does not have a USDOT number
3.29shall apply for the number at the time of registration by completing a form MCS-150 Motor
3.30Carrier Identification Report, issued by the Federal Motor Carrier Safety Administration,
3.31or comparable document as determined by the commissioner. The commissioner shall not
3.32assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph.
3.33 (b) Assigned USDOT numbers
4.2221.031, subdivision 6. The vehicle owner shall notify the commissioner if there is a
4.3change to the owner's USDOT number.
4.4 (c) If an owner fails to report or apply for a USDOT number, the commissioner shall
4.5suspend the owner's registration.
4.6 (d) This section does not apply to (1) a farm truck that is not used in interstate
4.7commerce, (2) a vehicle that is not used in intrastate commerce or interstate commerce, or
4.8(3) a vehicle that is owned and used solely in the transaction of official business by the
4.9federal government, the state, or any political subdivision.
4.10 Sec. 3. Minnesota Statutes 2008, section 169.025, is amended to read:
4.11169.025 APPLICATION OF MOTOR CARRIER RULES.
4.12Notwithstanding any provision of this chapter other than section
4.13driver, or carrier that is subject to
4.15more stringent or additional requirement imposed by
4.17 Sec. 4. Minnesota Statutes 2008, section 169.801, subdivision 10, is amended to read:
4.18 Subd. 10. Brakes. Notwithstanding section
4.19 (a) A self-propelled implement of husbandry must be equipped with brakes adequate
4.20to control its movement and to stop and hold it and any vehicle it is towing.
4.21 (b) A towed implement of husbandry must be equipped with brakes adequate to
4.22control its movement and to stop and hold it if:
4.23 (1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured
4.24and sold after January 1, 1994;
4.25 (2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a
4.26vehicle other than a self-propelled implement of husbandry; or
4.27 (3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a
4.28registered passenger automobile other than a pickup truck as defined in section
4.30 (c) If a towed implement of husbandry
4.32January 1, 2011, it must also
4.34subdivision 3, paragraph (b).
5.1 Sec. 5. Minnesota Statutes 2008, section 169.823, subdivision 1, is amended to read:
5.2 Subdivision 1. Pneumatic-tired vehicle. No vehicle or combination of vehicles
5.3equipped with pneumatic tires shall be operated upon the highways of this state:
5.4 (1) where the gross weight on any wheel exceeds 9,000 pounds
5.7street or highway or 10,000 pounds on a paved street or highway, unless posted to a lesser
5.8weight under section
5.9 (2) where the gross weight on any single axle exceeds 18,000 pounds
5.12or highway or 20,000 pounds on a paved street or highway, unless posted to a lesser
5.13weight under section
5.14 (3) where the maximum wheel load:
5.15 (i) on the foremost and rearmost steering axles, exceeds 600 pounds per inch of tire
5.16width or the manufacturer's recommended load, whichever is less; or
5.17 (ii) on other axles, exceeds 500 pounds per inch of tire width or the manufacturer's
5.18recommended load, whichever is less; or
5.26with an exterior axle disregarded if the exterior axle is a variable load axle that is not
5.27carrying its intended weight, and their gross weights subtracted from the gross weight of
5.28all axles of the group under consideration.
5.29 Sec. 6. Minnesota Statutes 2008, section 169.824, is amended to read:
5.30169.824 GROSS WEIGHT SCHEDULE.
5.31 Subdivision 1. Table of axle weight limits. (a) No vehicle or combination of
5.32vehicles equipped with pneumatic tires shall be operated upon the highways of this state
5.33where the total gross weight on any group of two or more consecutive axles of any vehicle
5.34or combination of vehicles exceeds that given in the following table for the distance
5.35between the centers of the first and last axles of any group of two or more consecutive
6.1axles under consideration; unless otherwise noted, the distance between axles being
6.2measured longitudinally to the nearest even foot, and when the measurement is a fraction
6.3of exactly one-half foot the next largest whole number in feet shall be used, except that
6.4when the distance between axles is more than three feet four inches and less than three
6.5feet six inches the distance of four feet shall be used:
7.30between centers of foremost and rearmost axles is listed as seven feet or eight feet applies
7.31only to vehicles manufactured before August 1, 1991.
7.32"8 plus" refers to any distance greater than eight feet but less than nine feet.
9.19allowed on unpaved streets and highways, unless posted to a lesser weight under section
9.20169.87, subdivision 1. The gross weights shown in this table, whether within or without
9.21parentheses, are allowed on paved streets and highways, unless posted to a lesser weight
9.22under section 169.87, subdivision 1. Gross weights in excess of 80,000 pounds require an
9.23overweight permit under this chapter, unless otherwise allowed under section 169.826.
9.24(b) Notwithstanding any lesser weight in pounds shown in this table but subject to
9.25the restrictions on gross vehicle weights in subdivision 2, paragraph (a), two consecutive
9.26sets of tandem axles may carry a gross load of 34,000 pounds each and a combined gross
9.27load of 68,000 pounds provided the overall distance between the first and last axles of
9.28the consecutive sets of tandem axles is 36 feet or more.
9.29 Subd. 2. Gross vehicle weight of all axles; credit for idle reduction technology.
9.31of a vehicle or combination of vehicles must not exceed:
9.32 (1) 80,000 pounds for any vehicle or combination of vehicles on all
9.35posted at a lower axle weight under section 169.87, subdivision 1; and
9.36 (2) 88,000 pounds for any vehicle or combination of vehicles with six or more
9.37axles while exclusively engaged in hauling livestock on all state trunk highways other
10.1than interstate highways, if the vehicle has a permit under section
10.5 (b) Notwithstanding the maximum weight provisions of this section
10.8vehicle subject to sections
10.9or emissions-reduction technology must be increased by the amount of weight necessary
10.10to compensate for the weight of the idle reduction technology or emissions-reduction
10.11technology, not to exceed 400 pounds. At the request of an authorized representative
10.12of the Department of Transportation or the Department of Public Safety, the vehicle
10.13operator shall provide proof that the vehicle is equipped with this technology through
10.14documentation or demonstration.
10.15 Sec. 7. Minnesota Statutes 2008, section 169.8261, is amended to read:
10.16169.8261 GROSS WEIGHT LIMITATIONS; FOREST PRODUCTS.
10.17 Subdivision 1. Exemption. (a)
10.18purposes of this section, "raw or unfinished forest products
10.19chips, paper, pulp, oriented strand board, laminated strand lumber, hardboard, treated
10.20lumber, untreated lumber, or barrel staves
10.21(b) In compliance with this section, a person may operate a vehicle or combination
10.22of vehicles to haul raw or unfinished forest products by the most direct route to the nearest
10.26 Subd. 2. Conditions. (a) A vehicle or combination of vehicles described in
10.27subdivision 1 must:
10.28(1) comply with seasonal load restrictions in effect between the dates set by the
10.29commissioner under section
10.30 (2) comply with bridge load limits posted under section
10.31 (3) be equipped and operated with six axles and brakes on all wheels;
10.32 (4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle
10.33weight during the time when seasonal increases are authorized under section
10.34 (5) not be operated on interstate
10.35 (6) obtain an annual permit from the commissioner of transportation;
11.1 (7) obey all road postings; and
11.2 (8) not exceed 20,000 pounds gross weight on any single axle.
11.3 (b) A vehicle operated under this section may exceed the legal axle weight limits
11.4listed in section
11.5be exceeded by not more than
11.6are authorized under section
11.7 Sec. 8. Minnesota Statutes 2008, section 169.827, is amended to read:
11.8169.827 GROSS WEIGHT REDUCTION ON RESTRICTED ROUTE.
11.9The maximum weight on any single axle, two consecutive axles spaced within eight
11.10feet or less, three consecutive axles spaced within nine feet or less, or four consecutive
11.11axles spaced within 14 feet or less shall not exceed 18,000 pounds, 34,000 pounds, 43,000
11.12pounds, or 51,500 pounds respectively multiplied by a factor of the axle weight in tons
11.13allowed on the restricted route divided by nine.
11.16 Sec. 9. Minnesota Statutes 2008, section 169.85, subdivision 2, is amended to read:
11.17 Subd. 2. Unloading. (a) Upon weighing a vehicle and load, as provided in this
11.18section, an officer may require the driver to stop the vehicle in a suitable place and remain
11.19standing until a portion of the load is removed that is sufficient to reduce the gross weight
11.20of the vehicle to the limit permitted under either section
11.21(b), or sections
11.22place is a location where loading or tampering with the load is not prohibited by federal,
11.23state, or local law, rule, or ordinance.
11.24(b) Except as provided in paragraph (c), a driver may be required to unload a
11.25vehicle only if the weighing officer determines that (1) on routes subject to the provisions
11.27prescribed by sections
11.28group of two or more consecutive axles in cases where the distance between the centers
11.29of the first and last axles of the group under consideration is ten feet or less exceeds
11.30the lawful gross weight prescribed by sections
11.31more; or (2)
12.1accordance with section
12.2driver of the vehicle at the risk of the owner or driver.
12.3(c) If the gross weight of the vehicle does not exceed the vehicle's registered gross
12.4weight plus the weight allowance set forth in section
12.5(b), and plus, if applicable, the weight allowance permitted under section
12.6the driver is not required to unload under paragraph (b).
12.7 Sec. 10. Minnesota Statutes 2008, section 169.862, subdivision 2, is amended to read:
12.8 Subd. 2. Additional restrictions. Permits issued under this section are governed by
12.9the applicable provisions of section
12.10addition, carry the following restrictions:
12.11 (a) The vehicles may not be operated between sunset and sunrise, when visibility is
12.12impaired by weather, fog, or other conditions rendering persons and vehicles not clearly
12.13visible at a distance of 500 feet, or on Sunday from noon until sunset, or on the days the
12.14following holidays are observed: New Year's Day, Memorial Day, Independence Day,
12.15Labor Day, Thanksgiving Day, and Christmas Day.
12.18than 24 feet wide.
12.20removable mirror on the left side so located that it will reflect to the driver a clear view of
12.21the highway for a distance of at least 200 feet to the rear of the vehicle.
12.2318 inches square, as markers at the front and rear and on both sides of the load. The load
12.24must be securely bound to the transporting vehicle.
12.26exempt from the requirement to obtain a permit. All other requirements of this section
12.27apply to vehicles transporting round baled hay.
12.28 Sec. 11. Minnesota Statutes 2008, section 169.864, subdivision 1, is amended to read:
12.29 Subdivision 1. Special three-unit vehicle permit. The commissioner may issue a
12.30permit for a vehicle that meets the following requirements:
12.31 (1) is a combination of vehicles, including a truck-tractor and a semitrailer drawing
12.32one additional semitrailer, which may be equipped with an auxiliary dolly, and no
12.33semitrailer used in the three-vehicle combination has an overall length in excess of 28-1/2
13.1 (2) has a maximum gross vehicle weight of 108,000 pounds;
13.2 (3) complies with the axle weight limits in section
13.4 (4) complies with the tire weight limits in section
13.5recommended load, whichever is less;
13.6 (5) is operated only in this state on Trunk Highway marked 2 between Grand Rapids
13.7and the port of Duluth; on Trunk Highway marked 169 between Grand Rapids and its
13.8junction with Trunk Highway marked 53; on Trunk Highway marked 194 between Trunk
13.9Highway marked 2 and Trunk Highway marked 53; and on Trunk Highway marked 53
13.10between Virginia and the port of Duluth; and
13.11 (6) the seasonal weight increases authorized under section
13.12do not apply.
13.13 Sec. 12. Minnesota Statutes 2008, section 169.864, subdivision 2, is amended to read:
13.14 Subd. 2. Special two-unit vehicle permit. The commissioner may issue a permit
13.15for a vehicle that meets the following requirements:
13.16 (1) is a combination of vehicles consisting of a truck-tractor and a single semitrailer
13.17that may exceed 48 feet, but not 53 feet, if the distance from the kingpin to the centerline
13.18of the rear axle group of the semitrailer does not exceed 43 feet;
13.19 (2) has a maximum gross vehicle weight of 90,000 pounds or 97,000 pounds if
13.20the truck has seven axles;
13.21 (3) has a maximum gross vehicle weight of
13.22when seasonal weight increases authorized under section
13.24 (4) complies with the axle weight limits in section
13.26 (5) complies with the tire weight limits in section
13.27recommended load, whichever is less; and
13.28 (6) is operated only on the highways specified in subdivision 1, clause (5).
13.29 Sec. 13. Minnesota Statutes 2008, section 169.865, subdivision 1, is amended to read:
13.30 Subdivision 1. Six-axle vehicles. (a) A road authority may issue an annual permit
13.31authorizing a vehicle or combination of vehicles with a total of six or more axles to haul
13.32raw or unprocessed agricultural products and be operated with a gross vehicle weight
13.33of up to:
13.34 (1) 90,000 pounds; and
14.1 (2) 99,000 pounds during the period set by the commissioner under section
14.3 (b) Notwithstanding subdivision 4, paragraph (a), clause (4), a vehicle or
14.4combination of vehicles operated under this subdivision and transporting only sealed
14.5intermodal containers may be operated on an interstate highway if allowed by the United
14.6States Department of Transportation.
14.7 (c) The fee for a permit issued under this subdivision is $300.
14.8 Sec. 14. Minnesota Statutes 2008, section 169.865, subdivision 2, is amended to read:
14.9 Subd. 2. Seven-axle vehicles. (a) A road authority may issue an annual permit
14.10authorizing a vehicle or combination of vehicles with a total of seven or more axles to
14.11haul raw or unprocessed agricultural products and be operated with a gross vehicle weight
14.12of up to:
14.13 (1) 97,000 pounds; and
14.14 (2) 99,000 pounds during the period set by the commissioner under section
14.16 (b) Drivers of vehicles operating under this subdivision must comply with driver
14.17qualification requirements adopted under section
14.18of Federal Regulations, title 49, parts 40 and 382.
14.19 (c) The fee for a permit issued under this subdivision is $500.
14.20 Sec. 15. Minnesota Statutes 2008, section 169.865, subdivision 3, is amended to read:
14.21 Subd. 3. Requirements; restrictions. (a) A vehicle or combination of vehicles
14.22operating under this section:
14.23 (1) is subject to axle weight limitations under section
14.25 (2) is subject to seasonal load restrictions under section
14.26 (3) is subject to bridge load limits posted under section
14.27 (4) may only be operated on
14.29 (5) may not be operated with loads that exceed the manufacturer's gross vehicle
14.30weight rating as affixed to the vehicle, or other certification of gross vehicle weight rating
14.31complying with Code of Federal Regulations, title 49, parts 567.4 to 567.7;
14.32 (6) must be issued a permit from each road authority having jurisdiction over a road
14.33on which the vehicle is operated, if required;
14.34 (7) must comply with the requirements of section
15.1 (8) must have brakes on all wheels.
15.2 (b) The percentage allowances for exceeding gross weights if transporting unfinished
15.3forest products under section
15.4unprocessed or raw farm products or unfinished forest products under section
15.6vehicles operated under this section.
15.7 Sec. 16. Minnesota Statutes 2008, section 169.865, subdivision 4, is amended to read:
15.8 Subd. 4. Deposit of revenues; appropriation. (a) Revenue from the permits issued
15.9by the commissioner under this section must be deposited:
15.10 (1) in fiscal years 2008 through 2011, in the bridge inspection and signing account
15.11in the special revenue fund; and
15.12 (2) in fiscal year 2012 and subsequent years, in the trunk highway fund.
15.13 (b) The revenue in the bridge inspection and signing account under this section is
15.14annually appropriated to the commissioner for:
15.15 (1) inspection of local bridges and identification of local bridges to be posted,
15.16including contracting with a consultant for some or all of these functions; and
15.17 (2) erection of weight-posting signs on local bridges.
15.18 Sec. 17. Minnesota Statutes 2008, section 169.866, subdivision 1, is amended to read:
15.19 Subdivision 1. Special three-unit vehicle permit. The commissioner may issue a
15.20permit for a vehicle that meets the following requirements:
15.21 (1) is a combination of vehicles, including a truck-tractor and a semitrailer
15.22drawing one additional trailer or semitrailer, and no semitrailer used in the three-vehicle
15.23combination has an overall length in excess of 28-1/2 feet;
15.24 (2) has a maximum gross vehicle weight of 105,500 pounds;
15.25 (3) complies with the axle weight limits in section
15.27 (4) complies with the tire weight limits in section
15.28recommended load, whichever is less;
15.29 (5) is operated only in this state on marked Trunk Highway 175 from Hallock to the
15.30North Dakota border, on U.S. Highway 75 from Hallock to Donaldson, and on marked
15.31Trunk Highway 11 from Donaldson to the North Dakota border; and
15.32 (6) the seasonal weight increases authorized under section
15.33do not apply.
16.1 Sec. 18. Minnesota Statutes 2008, section 169.87, subdivision 2, is amended to read:
16.2 Subd. 2. Seasonal load restriction.
16.3Unless restricted as provided in subdivision 1, between the dates set by the commissioner
16.4of transportation each year, the weight on any single axle shall not exceed:
16.5(1) five tons on
16.7(2) ten tons on a paved street or highway.
16.8(b) The gross weight on consecutive axles on an unpaved street or highway shall not
16.9exceed the gross weight allowed in sections
16.10five divided by nine. This reduction shall not apply to the gross vehicle weight.
16.11 Sec. 19. Minnesota Statutes 2008, section 174.64, subdivision 4, is amended to read:
16.12 Subd. 4. Petition
16.13the commissioner's jurisdiction, the commissioner shall receive, hear, and determine all
16.14petitions filed with the commissioner in accordance with the procedures established by law
16.15and may hold hearings and make determinations upon the commissioner's own motion to
16.16the same extent, and in every instance, in which the commissioner may do so upon petition.
16.24appear at a hearing to object to the petition from any person within 20 days of the notice
16.25having been fully given, the request of the petition must be granted or denied only after
16.26a contested case hearing has been conducted on the petition, unless the objection is
16.27withdrawn before the hearing. The commissioner may elect to hold a contested case
16.28hearing if no objections to the petition are received. If a timely objection is not received,
16.29or if received and withdrawn, and the request of the petition is denied without hearing,
16.30the petitioner may request within 30 days of receiving the notice of denial, and must be
16.31granted, a contested case hearing on the petition.
16.32 Sec. 20. Minnesota Statutes 2008, section 174.66, is amended to read:
16.33174.66 CONTINUATION OF CARRIER RULES.
17.1(a) Orders and directives in force, issued, or promulgated under authority of chapters
17.2174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
17.3modified, or superseded by duly authorized orders or directives of the commissioner of
17.4transportation. To the extent allowed under federal law or regulation, rules adopted under
17.5authority of the following sections are transferred to the commissioner of transportation
17.6and continue in force and effect until repealed, modified, or superseded by duly authorized
17.7rules of the commissioner:
17.9rates, railroad accounting rules, and safety rules;
17.11(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
17.13(4) rules relating to the sale, assignment, pledge, or other transfer of a stock interest
17.14in a corporation holding authority to operate as a permit carrier as prescribed in section
17.16(5) rules relating to rates, charges, and practices under section
17.18(6) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits
17.20(b) The commissioner shall review the transferred rules, orders, and directives and,
17.21when appropriate, develop and adopt new rules, orders, or directives.
17.22 Sec. 21. Minnesota Statutes 2008, section 221.012, subdivision 19, is amended to read:
17.23 Subd. 19. Household goods. "Household goods" means personal effects and
17.24property used or to be used by the owner in the owner's dwelling
17.27 Sec. 22. Minnesota Statutes 2008, section 221.012, subdivision 29, is amended to read:
17.28 Subd. 29. Permit. "Permit" means the license
17.29issued to motor carriers
17.31the use of the highways of Minnesota for transportation for hire.
17.32 Sec. 23. Minnesota Statutes 2008, section 221.021, subdivision 1, is amended to read:
18.1 Subdivision 1. Registration certificate or permit required. No person may operate
18.2as a motor carrier or advertise or otherwise hold out as a motor carrier without a certificate
18.3of registration or permit in effect. A certificate or permit may be suspended or revoked
18.4upon conviction of violating a provision of sections
18.5order or rule of the commissioner governing the operation of motor carriers, and upon a
18.6finding by the court that the violation was willful. The commissioner may, for good cause
18.7after a hearing, suspend or revoke a certificate or permit for a violation of a provision of
18.9 Sec. 24. Minnesota Statutes 2008, section 221.022, is amended to read:
18.11The powers granted to the commissioner under sections
18.12do not include the power to regulate any service or vehicles operated by the Metropolitan
18.13Council or to register passenger transportation service provided under contract to the
18.14department or the Metropolitan Council. A provider of passenger transportation service
18.15under contract to the department or the Metropolitan Council may not also provide service
18.16as a motor carrier of passengers without first having registered under section
18.17 Sec. 25. Minnesota Statutes 2008, section 221.025, is amended to read:
18.19The provisions of this chapter requiring a certificate or permit to operate as a motor
18.20carrier do not apply to the intrastate transportation described below:
18.21(1) the transportation of students to or from school or school activities in a school
18.22bus inspected and certified under section
18.23parents to or from a Head Start facility or Head Start activity in a Head Start bus inspected
18.24and certified under section
18.25(2) the transportation of solid waste, as defined in section
18.26including recyclable materials and waste tires, except that the term "hazardous waste" has
18.27the meaning given it in section
18.28(3) a commuter van as defined in section
18.29(4) authorized emergency vehicles as defined in section
18.30including ambulances; and tow trucks equipped with proper and legal warning devices
18.31when picking up and transporting (i) disabled or wrecked motor vehicles or (ii) vehicles
18.32towed or transported under a towing order issued by a public employee authorized to
18.33issue a towing order;
19.1(5) the transportation of grain samples under conditions prescribed by the
19.3(6) the delivery of agricultural lime;
19.4(7) the transportation of dirt and sod within an area having a 50-mile radius from the
19.5home post office of the person performing the transportation;
19.6(8) the transportation of sand, gravel, bituminous asphalt mix, concrete ready mix,
19.7concrete blocks or tile and the mortar mix to be used with the concrete blocks or tile, or
19.8crushed rock to or from the point of loading or a place of gathering within an area having a
19.950-mile radius from that person's home post office or a 50-mile radius from the site of
19.10construction or maintenance of public roads and streets;
19.11(9) the transportation of pulpwood, cordwood, mining timber, poles, posts, decorator
19.12evergreens, wood chips, sawdust, shavings, and bark from the place where the products
19.13are produced to the point where they are to be used or shipped;
19.14(10) the transportation of fresh vegetables from farms to canneries or viner stations,
19.15from viner stations to canneries, or from canneries to canneries during the harvesting,
19.16canning, or packing season, or transporting sugar beets, wild rice, or rutabagas from the
19.17field of production to the first place of delivery or unloading, including a processing
19.18plant, warehouse, or railroad siding;
19.19(11) the transportation of property or freight, other than household goods and
19.20petroleum products in bulk, entirely within the corporate limits of a city or between
19.22(12) the transportation of unprocessed dairy products in bulk within an area having a
19.23100-mile radius from the home post office of the person providing the transportation;
19.24(13) the transportation of agricultural, horticultural, dairy, livestock, or other farm
19.25products within an area having a 100-mile radius from the person's home post office and
19.26the carrier may transport other commodities within the 100-mile radius if the destination
19.27of each haul is a farm;
19.28(14) the transportation of newspapers, as defined in section
19.30weight of 10,000 pounds or less; and
19.31(15) transportation of potatoes from the field of production, or a storage site owned
19.32or otherwise controlled by the producer, to the first place of processing.
19.33The exemptions provided in this section apply to a person only while the person is
19.34exclusively engaged in exempt transportation.
19.35 Sec. 26. Minnesota Statutes 2008, section 221.026, subdivision 2, is amended to read:
20.1 Subd. 2. Exemptions from requirements. Notwithstanding any other law, a
20.2motor carrier of property is exempt from sections
20.5subdivision do not apply to a motor carrier of property while transporting household goods.
20.6 Sec. 27. Minnesota Statutes 2008, section 221.026, subdivision 5, is amended to read:
20.7 Subd. 5. Local regulation. Section
20.8under this section to the same extent that it applies to certificates and permits issued by
20.10 Sec. 28. Minnesota Statutes 2008, section 221.0269, subdivision 3, is amended to read:
20.11 Subd. 3. Termination of relief efforts. (a) Upon termination of direct assistance
20.12to an emergency relief effort, a carrier or driver is subject to the requirements of section
20.14normal work reporting location without complying with that section. A driver who
20.15informs the carrier that the driver needs immediate rest must be permitted at least eight
20.16consecutive hours off duty before the driver is required to return to the terminal or
20.17location. Having returned to the terminal or other location, the driver must be relieved
20.18of all duty and responsibilities.
20.19(b) When a driver has been relieved of all duty and responsibilities upon termination
20.20of direct assistance to an emergency relief effort,
20.21require any driver used by it to drive nor shall any such driver drive in commerce until
20.23(1) has met the requirements of Code of Federal Regulations, title 49, section 395.3,
20.24paragraph (a), which is incorporated by reference; and
20.25(2) has had at least 34 consecutive hours off duty if (i) the driver has been on duty for
20.26more than 60 hours in any seven consecutive days at the time the driver is relieved of all
20.27duty if the employing carrier does not operate every day in the week, or (ii) the driver has
20.28been on duty for more than 70 hours in any eight consecutive days at the time the driver is
20.29relieved of all duty if the employing carrier operates every day in the week.
20.30(c) For purposes of this section, direct assistance to an emergency relief effort
20.31terminates when a driver or commercial motor vehicle is used to transport cargo not
20.32destined for the emergency relief effort, or when the carrier dispatches that driver or
20.33vehicle to another location to begin operations in commerce.
21.1 Sec. 29. Minnesota Statutes 2008, section 221.031, subdivision 1, is amended to read:
21.2 Subdivision 1. Powers, duties, rules, filings. (a) This subdivision applies to motor
21.3carriers engaged in intrastate commerce.
21.4 (b) The commissioner shall prescribe rules for the operation of motor carriers,
21.5including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
21.6of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
21.7qualifications; accident reporting; identification of vehicles; installation of safety devices;
21.8inspection, repair, and maintenance; and proper automatic speed regulators if, in the
21.9opinion of the commissioner, there is a need for the rules.
21.10 (c) The commissioner shall direct the repair and reconstruction or replacement of
21.11an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
21.12the construction and maintenance or furnishing of suitable and proper freight terminals,
21.13passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
21.14at a point on the highway traversed which the commissioner, after investigation by the
21.15department, may deem just and proper for the protection of passengers or property.
21.16 (d) The commissioner shall (1) require holders of household goods mover permits
21.17to file schedules of rates and charges,
21.18carriers in matters affecting the relationship between them and the traveling and shipping
21.19public, and (3) prescribe other rules as may be necessary to carry out the provisions of
21.21 (e) The commissioner shall enforce sections
21.22 Sec. 30. Minnesota Statutes 2008, section 221.031, subdivision 3, is amended to read:
21.23 Subd. 3. Vehicle over 10,000 pounds not exempt. (a) This subdivision applies to
21.24persons engaged in intrastate commerce who operate vehicles providing transportation
21.25described in section
21.26except school buses, commuter vans, and authorized emergency vehicles.
21.27(b) Persons providing transportation described in section
21.28(12), or (13), must comply with the rules for driving of motor vehicles and for parts and
21.29accessories necessary for safe operation.
21.30(c) Persons providing transportation described in section
21.31providing transportation described in clause (6), (10), (12), or (13), must comply with the
21.32rules for driving of motor vehicles; parts and accessories necessary for safe operation;
21.34 Sec. 31. Minnesota Statutes 2008, section 221.031, subdivision 3c, is amended to read:
22.1 Subd. 3c. Solid waste transporter not exempt. Persons providing transportation
22.2described in section
22.4parts and accessories necessary for safe operation; and inspection, repair, and maintenance.
22.5A local government unit, as defined in section
22.6enforce laws, ordinances, or regulations for the operation of solid waste transporters that
22.7are inconsistent with the rules adopted in section
22.8 Sec. 32. Minnesota Statutes 2008, section 221.031, subdivision 6, is amended to read:
22.9 Subd. 6. Vehicle identification rule.
22.11the requirements for marking commercial motor vehicles in Code of Federal Regulations,
22.12title 49, section 390.21, which is incorporated by reference:
22.13 (1) motor carriers, regardless of the weight of the vehicle, except that this
22.14requirement does not apply to a limousine as defined in section
22.15that is equipped with "LM" license plates;
22.16 (2) interstate and intrastate private carriers operating vehicles with a gross vehicle
22.17weight of more than 10,000 pounds; and
22.18 (3) vehicles providing transportation described in section
22.19vehicle weight of more than 10,000 pounds except those providing transportation
22.20described in section
22.21Vehicles described in
22.23with the vehicle identification rule of the commissioner.
22.34 Sec. 33. Minnesota Statutes 2008, section 221.0314, subdivision 2, is amended to read:
23.1 Subd. 2. Qualification of driver. Code of Federal Regulations, title 49, part 391
23.2and appendixes D and E, are incorporated by reference except for sections 391.2;
23.5subdivision are not incorporated by reference.
23.6 Sec. 34. Minnesota Statutes 2008, section 221.0314, subdivision 3a, is amended to
23.8 Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
23.9a waiver to a person who is not physically qualified to drive under Code of Federal
23.10Regulations, title 49, section
23.11this subdivision applies to intrastate transportation only.
23.12(b) A person who wishes to obtain a waiver under this subdivision must give the
23.13commissioner the following information:
23.14(1) the applicant's name, address, and telephone number;
23.15(2) the name, address, and telephone number of an employer coapplicant, if any;
23.16(3) a description of the applicant's experience in driving the type of vehicle to be
23.17operated under the waiver;
23.18(4) a description of the type of driving to be done under the waiver;
23.19(5) a description of any modifications to the vehicle the applicant intends to drive
23.20under the waiver that are designed to accommodate the applicant's medical condition or
23.22(6) whether the applicant has been granted another waiver under this subdivision;
23.23(7) a copy of the applicant's current driver's license;
23.24(8) a copy of a medical examiner's certificate showing that the applicant is medically
23.25unqualified to drive unless a waiver is granted;
23.26(9) a statement from the applicant's treating physician that includes:
23.27(i) the extent to which the physician is familiar with the applicant's medical history;
23.28(ii) a description of the applicant's medical condition for which a waiver is necessary;
23.29(iii) assurance that the applicant has the ability and willingness to follow any course
23.30of treatment prescribed by the physician, including the ability to self-monitor or manage
23.31the medical condition; and
23.32(iv) the physician's professional opinion that the applicant's condition will not
23.33adversely affect the applicant's ability to operate a motor vehicle safely; and
24.1(10) any other information considered necessary by the commissioner including
24.2requiring a physical examination or medical report from a physician who specializes
24.3in a particular field of medical practice.
24.4(c) In granting a waiver under this subdivision, the commissioner may impose
24.5conditions the commissioner considers necessary to ensure that an applicant is able to
24.6operate a motor vehicle safely and that the safety of the general public is protected.
24.7(d) A person who is granted a waiver under this subdivision must:
24.8(1) at intervals specified in the waiver, give the commissioner periodic reports from
24.9the person's treating physician, or a medical specialist if the commissioner so requires in
24.10the waiver, that contain the information described in paragraph (b), clause (9), together
24.11with a description of any episode that involved the person's loss of consciousness or loss
24.12of ability to operate a motor vehicle safely; and
24.13(2) immediately report the person's involvement in an accident for which a report is
24.14required under section
24.15(e) The commissioner shall deny an application if, during the three years preceding
24.17(1) the applicant's driver's license has been suspended under section 171.18,
24.18paragraph (a), clauses (1) to (9), (11), and (12), canceled under section 171.14, or revoked
24.19under section 171.17, 171.172, or 171.174; or
24.20(2) the applicant has been convicted of a disqualifying offense, as defined in Code
24.21of Federal Regulations, title 49, section
24.23(f) The commissioner may deny an application or may immediately revoke a
24.24waiver granted under this subdivision. Notice of the commissioner's reasons for denying
24.25an application or for revoking a waiver must be in writing and must be mailed to
24.26the applicant's or waiver holder's last known address by certified mail, return receipt
24.27requested. A person whose application is denied or whose waiver is revoked is entitled to
24.28a hearing under chapter 14.
24.29(g) A waiver granted under this subdivision expires on the date of expiration shown
24.30on the medical examiner's certificate described in paragraph (b), clause (8).
24.31 Sec. 35. Minnesota Statutes 2008, section 221.0314, subdivision 9, is amended to read:
24.32 Subd. 9. Hours of service of driver. Code of Federal Regulations, title 49, part
24.33395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (m),
24.34and (n) of section 395.1
24.35cross-references to sections or paragraphs not incorporated in this subdivision are not
25.1incorporated by reference. The requirements of Code of Federal Regulations, title 49, part
25.2395, do not apply to drivers of lightweight vehicles.
25.3 Sec. 36. Minnesota Statutes 2008, section 221.033, subdivision 1, is amended to read:
25.4 Subdivision 1. Requirements. Except as provided in subdivisions 2 to 3, no
25.5person may transport or offer or accept for transportation within the state of Minnesota
25.6a hazardous material, hazardous substance, or hazardous waste except in compliance
25.7with United States Code, title 49, sections 5101 to 5126 and the provisions of Code of
25.8Federal Regulations, title 49, parts 171 to 199, which are incorporated by reference. Those
25.9provisions apply to transportation in intrastate commerce to the same extent they apply
25.10to transportation in interstate commerce.
25.11 Sec. 37. Minnesota Statutes 2008, section 221.033, subdivision 2, is amended to read:
25.12 Subd. 2. Exemption for farmer. (a) This subdivision applies to persons engaged
25.13in intrastate commerce.
25.14(b) Farmers or their employees transporting diesel fuel, gasoline, agricultural
25.15chemicals, or agricultural fertilizers for use on the transporter's farm are not required to
25.16comply with the rules
25.17for driver qualifications or with the shipping paper requirements of the Code of Federal
25.18Regulations, title 49,
25.20(1) transporting diesel fuel or gasoline in motorized tank truck vehicles of less than
25.211,500-gallon capacity owned by the transporter, or in tanks securely mounted in other
25.22motor vehicles with a gross vehicle weight of less than 10,000 pounds and owned by
25.23the transporter; or
25.24(2) transporting agricultural chemicals and agricultural fertilizers.
25.25 Sec. 38. Minnesota Statutes 2008, section 221.121, subdivision 1, is amended to read:
25.26 Subdivision 1.
25.32the commissioner prescribes. No person shall knowingly make a false or misleading
26.1 (b) The commissioner shall issue the permit
26.2relating to it
26.7subdivision, who has paid the required fee, and who has complied with the financial
26.8responsibility requirements in section 221.141. The commissioner shall not issue a permit
26.9to an applicant who has an unsatisfactory safety rating.
26.10 (c) A permit once granted continues in full force and effect until abandoned or unless
26.11suspended or revoked, subject to compliance by the permit holder with the applicable
26.12provisions of law and the rules of the commissioner governing permit carriers.
26.23Notwithstanding any geographical restrictions imposed upon a permit at the time it was
26.24granted or any state law or rule to the contrary, the holder of a household goods permit
26.25may operate statewide.
26.26 Sec. 39. Minnesota Statutes 2008, section 221.121, subdivision 7, is amended to read:
26.27 Subd. 7. Fee. The petitioner shall pay a fee of $150 into the treasury of the state of
26.28Minnesota for each
26.29applied for under this section.
26.30 Sec. 40. Minnesota Statutes 2008, section 221.122, subdivision 1, is amended to read:
26.31 Subdivision 1. Registration, insurance, and filing requirements. (a) An order
26.32issued by the commissioner which grants a certificate or permit must contain a service date.
26.33(b) The person to whom the order granting the certificate or permit is issued shall do
26.34the following within 45 days from the service date of the order:
27.1(1) register vehicles which will be used to provide transportation under the permit or
27.2certificate with the commissioner and pay the vehicle registration fees required by law;
27.3(2) file and maintain insurance or bond as required by
27.5(3) file rates and tariffs as required by section
27.6 Sec. 41. Minnesota Statutes 2008, section 221.123, is amended to read:
27.7221.123 EFFECT OF DEATH OF HOUSEHOLD GOODS CARRIER
27.9This section governs the transfer of a household goods carrier permit in the event of
27.10the death of the permit holder. Within one year after the transfer of a permit of a deceased
27.11permit holder by the deceased permit holder's personal representative, or within one year
27.12after the date of a decree or order issued by the district court transferring the permit of a
27.13deceased permit holder, the distributee, as defined in section
27.14permit shall apply to the commissioner to have the permit transferred under the provisions
27.16If an application to transfer the permit is not filed within the time prescribed above,
27.17the permit is revoked and the commissioner shall so notify the person who had received
27.19 Sec. 42. Minnesota Statutes 2008, section 221.132, is amended to read:
27.20221.132 PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD.
27.21For special or extraordinary events, the commissioner may issue a prepaid
27.22temporary vehicle identification card to a permit or certificate holder subject to section
27.24commissioner with the carrier's name, address, and permit or certificate number. The card
27.25may be used by the motor carrier to whom it is issued to identify a vehicle temporarily
27.26added to its fleet, if the vehicle has evidence of being inspected under section
27.28section 396.17 or 396.23, paragraph (b)(1), which are incorporated by reference, within
27.29the previous 12 months, or has a current Commercial Vehicle Safety Alliance decal. The
27.30card must be executed by the motor carrier by dating and signing the card and describing
27.31the vehicle in which it will be carried. The identification card is valid for a period of ten
27.32days from the date the motor carrier places on the card when the card is executed. The
27.33card must be used within one year from the date of issuance by the commissioner. The
27.34card may not be used if the permit or certificate is not in full force and effect. The card
28.1may not be transferred. The commissioner may not refund the cost of unused prepaid
28.2temporary vehicle identification cards.
28.3 Sec. 43. Minnesota Statutes 2008, section 221.151, subdivision 1, is amended to read:
28.4 Subdivision 1. Petition. (a) Permits
28.6approving the transfer or assignment
28.7 (b) The proposed seller and buyer or lessor and lessee of a permit
28.9forth the name and address of the parties, the identifying number of the permit, and the
28.10description of the authority which the parties seek to sell or lease, a short statement of
28.11the reasons for the proposed sale or lease, a statement of outstanding claims of creditors
28.12which are directly attributable to the operation to be conducted under the permit, a copy of
28.13the contract of sale or lease, and a financial statement with a balance sheet and an income
28.14statement, if existent, of the buyer or lessee. If it appears to the commissioner from the
28.15contents of the petition and from the department's records, files, and investigation that
28.16the approval of the sale or lease of the permit will not adversely affect the rights of the
28.17users of the service, the commissioner may make an order granting the sale or lease.
28.22 (c) The commissioner shall look to the substance of the transaction rather than the
28.23form. An agreement for the transfer or sale of a permit must be reported and filed with the
28.24commissioner within 30 days of the agreement.
28.25 (d) If an authority to operate as a permit carrier is held by a corporation, a sale,
28.26assignment, pledge, or other transfer of the stock interest in the corporation which will
28.27accomplish a substantial or material change or transfer of the majority ownership of
28.28the corporation, as exercised through its stockholders, must be reported in the manner
28.29prescribed in the rules of the commissioner within 30 days after the sale, assignment,
28.30pledge, or other transfer of stock. The commissioner shall then make a finding whether or
28.31not the stock transfer does, in fact, constitute a sale, lease, or other transfer of the permit of
28.32the corporation to a new party or parties and, if they so find, then the continuance of the
28.33permit issued to the corporation may only be upon the corporation's complying with the
28.34standards and procedures otherwise imposed by this section.
29.1 Sec. 44. Minnesota Statutes 2008, section 221.161, subdivision 1, is amended to read:
29.2 Subdivision 1. Filing; hearing upon board initiative
29.5with the commissioner a tariff showing rates and charges for transporting
29.7of the commissioner. When tariffs are filed in accordance with the rules and accepted by
29.8the commissioner, the filing constitutes notice to the public and interested parties of the
29.9contents of the tariffs. The commissioner shall not accept for filing tariffs that are unjust,
29.10unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or otherwise
29.11in violation of this section or rules adopted under this section. If the tariffs appear to
29.12be unjust, unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or
29.13otherwise in violation of this section or rules adopted under this section, after notification
29.14and investigation by the department, the
29.15the effective date of the tariffs and assign the tariffs for hearing upon notice to the
29.16household goods carrier filing the proposed tariffs and to other interested parties, including
29.17users of the service and competitive carriers by motor vehicle and rail. At the hearing,
29.18the burden of proof is on the
29.19sustain the validity of the proposed schedule of rates and charges.
29.22or reissues of them must state the effective date, which may not be less than ten days
29.23following the date of filing, unless the period of time is reduced by special permission of
29.27 Sec. 45. Minnesota Statutes 2008, section 221.161, subdivision 4, is amended to read:
29.28 Subd. 4. Hearing on merits of rates and charges. The commissioner, (1) after
29.29a suspension and hearing upon a schedule of rates and charges, or upon complaint, or
29.30upon the commissioner's own initiative, either in extension of an existing complaint or
29.31without a complaint whatever, (2) after department investigation and petition, (3) upon
29.32notice to the permit carrier or tariff agent proposing, maintaining, or charging a schedule
29.33of rates and charges on a single group of related commodities, and (4) upon notice to the
29.34users of the service and competitive carriers by motor vehicle and rail, may assign for
29.35hearing the schedule of rates and charges proposed, maintained, or charged by any or all
30.1permit carriers. Upon a finding, after a hearing, that the schedule of rates and charges are
30.2unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial or
30.3otherwise in violation of this section, the commissioner may prescribe minimum rates and
30.4charges and the rates, rules, and practices thereafter to be maintained and applied by the
30.5permit carrier or tariff agent. In the hearing the burden of proof is upon the permit carrier
30.6or tariff agent whose schedules of rates and charges are under investigation to show that
30.7the schedules are not below a minimum reasonable level or are not noncompensatory.
30.11 Sec. 46. Minnesota Statutes 2008, section 221.171, is amended to read:
30.12221.171 COMPENSATION OF
30.14 Subdivision 1. Compensation fixed by schedule on file. No
30.15goods carrier shall charge or receive a greater, lesser, or different compensation for the
30.16transportation of persons or property or for related service, than the rates and charges
30.17named in the carrier's schedule on file and in effect with the commissioner including any
30.18rate fixed by the commissioner under section
30.19carrier refund or remit in any manner or by any device, directly or indirectly, the rates and
30.20charges required to be collected by the carrier under the carrier's schedules or under the
30.21rates, if any, fixed by the commissioner.
30.22 Subd. 2. Exemptions
30.23of household goods for the federal government or an agency of the federal government or
30.24the transportation of household goods for the state government or an agency of the state
30.25government where competitive bids are required by law is exempt from subdivision 1.
30.26(b) A person engaged in the transportation of household goods at the request of a
30.27nonprofit charitable organization that qualifies for tax exemption under section 501(c)(3)
30.28of the Internal Revenue Code is exempt from subdivision 1 when the transportation
30.29is in furtherance of the organization's charitable purpose. A person engaged in the
30.30transportation of household goods for a charitable organization may conduct the
30.33 Sec. 47. Minnesota Statutes 2008, section 221.172, subdivision 3, is amended to read:
31.1 Subd. 3.
31.2Household goods mover. (a) A
31.4each shipment transported under a
31.5more documents, including a bill of lading, freight bill, manifest, delivery receipt, or
31.6other document. If it consists of more than one document, the documents constituting a
31.7shipment record must be available for inspection together.
31.8(b) A record must show the:
31.9(1) names of the consignor and consignee;
31.10(2) date of shipment;
31.11(3) origin and destination points;
31.23 Sec. 48. Minnesota Statutes 2008, section 221.185, subdivision 2, is amended to read:
31.24 Subd. 2. Notice of suspension. (a) Failure to file and maintain insurance, renew
31.25permits under section
31.29commissioner sends notice of the suspension by certified mail, return receipt requested, to
31.30the last known address of the motor carrier.
31.31(b) In order to avoid permanent cancellation of the permit or certificate, the motor
31.32carrier must do one of the following within 45 days from the date of suspension:
31.33(1) comply with the law by filing insurance or bond, renewing permits, or paying
31.34vehicle registration fees; or
32.1(2) request a hearing before the commissioner regarding the failure to comply
32.2with the law.
32.3 Sec. 49. Minnesota Statutes 2008, section 221.185, subdivision 4, is amended to read:
32.4 Subd. 4. Grounds for cancellation. Except as provided in subdivision 5a, failure to
32.5comply with the requirements of
32.7vehicle registration or permit renewal,
32.9within 45 days of the date of suspension, is deemed an abandonment of the motor carrier's
32.10permit or certificate and the permit or certificate must be canceled by the commissioner.
32.11 Sec. 50. Minnesota Statutes 2008, section 221.185, subdivision 5a, is amended to read:
32.12 Subd. 5a. Reinstatement after cancellation. A motor carrier whose permit or
32.13certificate is canceled for failure to comply with
32.14relating to bonds and insurance may ask the commissioner to review the cancellation.
32.15Upon review, the commissioner shall rescind the cancellation if (1) the motor carrier
32.16presents evidence showing that before the effective date of the notice of cancellation
32.17issued under subdivision 5, the motor carrier had obtained and paid for the insurance
32.19(2) the commissioner is satisfied that the motor carrier has complied with the requirements
32.21 Sec. 51. Minnesota Statutes 2008, section 221.185, subdivision 9, is amended to read:
32.22 Subd. 9. New petition. If the holder of a canceled permit or certificate seeks
32.23authority to operate as a motor carrier it shall file a petition with the commissioner for a
32.24permit or certificate as provided in section
32.25 Sec. 52. Minnesota Statutes 2008, section 221.605, subdivision 1, is amended to read:
32.26 Subdivision 1. Federal regulations and state rules. (a) Interstate carriers and
32.27private carriers engaged in interstate commerce shall comply with the federal motor carrier
32.28regulations in Code of Federal Regulations, title 49, parts 40, 382, 383, 387, and 390
32.29through 398, which are incorporated by reference, and with the rules of the commissioner
32.30concerning inspections, vehicle and driver out-of-service restrictions and requirements,
32.31and vehicle, driver, and equipment checklists. For purposes of regulating commercial
32.32motor vehicles as defined in section
33.1Code of Federal Regulations, title 49, section
33.2only to driveaway-towaway operations.
33.3(b) An interstate carrier or private carrier engaged in interstate commerce who
33.4complies with federal regulations governing testing for controlled substances and alcohol
33.5is exempt from the requirements of sections
33.6testing program provides for testing for controlled substances in addition to those listed in
33.7Code of Federal Regulations, title 49, section
33.8test for drugs, in addition to those listed in Code of Federal Regulations, title 49, section
33.11 Sec. 53. Minnesota Statutes 2008, section 221.68, is amended to read:
33.12221.68 REGISTRATION VIOLATIONS; PENALTIES.
33.13Any person who violates or procures, aids, or abets violation of, or fails to comply
33.14with, the provisions of
33.16of a misdemeanor; and, additionally,
33.17every day of such failure to so comply, to be recovered for the state in a civil action. Each
33.19 Sec. 54. Minnesota Statutes 2008, section 221.81, subdivision 3d, is amended to read:
33.20 Subd. 3d. Identification.
33.21221.031, subdivision 6. The mover's name and
33.22on the power unit of a vehicle used to move buildings and on buildings being moved.
34.1 Sec. 55. REVISION OF RULES.
34.2The commissioner of transportation shall repeal, amend, and adopt revisions to
34.3rules relating to motor carriers contained in Minnesota Rules, chapters 7800, 7805, 8850,
34.48855, and 8920, and may use the expedited process for adopting rules under Minnesota
34.5Statutes, section 14.389.
34.6 Sec. 56. REVISOR'S INSTRUCTION.
34.7The revisor of statutes shall change the headnote for Minnesota Statutes, section
34.8221.121, to read "HOUSEHOLD GOODS MOVER PERMIT."
34.9 Sec. 57. REPEALER.
34.10Minnesota Statutes 2008, sections 169.67, subdivision 6; 169.826, subdivisions
34.111b and 5; 169.832, subdivisions 11 and 11a; 221.012, subdivisions 2, 3, 6, 7, 11, 12,
34.1221, 23, 24, 30, 32, 39, 40, and 41; 221.031, subdivision 2b; 221.072; 221.101; 221.111;
34.13221.121, subdivisions 2, 3, 5, 6, 6a, 6c, 6d, 6e, and 6f; 221.131, subdivision 2a; 221.141,
34.14subdivision 6; 221.151, subdivisions 2 and 3; 221.153; 221.172, subdivisions 4, 5, 6, 7,
34.15and 8; and 221.296, subdivisions 3, 4, 5, 6, 7, and 8, are repealed.
34.16 Sec. 58. EFFECTIVE DATE.
34.17Sections 2, 32, and 54 are effective August 1, 2011.