S.F. No. 1876, 2nd Engrossment - 86th Legislative Session (2009-2010) Posted on Apr 25, 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, by adding a subdivision; 174.64, subdivision 4;
1.9174.66; 221.012, subdivisions 19, 29; 221.021, subdivision 1; 221.022; 221.025;
1.10221.026, subdivisions 2, 5; 221.0269, subdivision 3; 221.031, subdivisions
1.111, 3, 3c, 6; 221.0314, subdivisions 2, 3a, 9; 221.033, subdivisions 1, 2;
1.12221.121, subdivisions 1, 7; 221.122, subdivision 1; 221.123; 221.132; 221.151,
1.13subdivision 1; 221.161, subdivisions 1, 4; 221.171; 221.172, subdivision 3;
1.14221.185, subdivisions 2, 4, 5a, 9; 221.605, subdivision 1; 221.68; 221.81,
1.15subdivision 3d; repealing Minnesota Statutes 2008, sections 169.67, subdivision
1.166; 169.826, subdivisions 1b, 5; 169.832, subdivisions 11, 11a; 221.012,
1.17subdivisions 2, 3, 6, 7, 11, 12, 21, 23, 24, 30, 32, 39, 40, 41; 221.031, subdivision
1.182b; 221.072; 221.101; 221.111; 221.121, subdivisions 2, 3, 5, 6, 6a, 6c, 6d, 6e,
1.196f; 221.131, subdivision 2a; 221.141, subdivision 6; 221.151, subdivisions 2, 3;
1.20221.153; 221.172, subdivisions 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 169.87, is amended by adding a subdivision
16.13 Subd. 7. Cargo tank vehicles. (a) Weight restrictions imposed by the commissioner
16.14under subdivisions 1 and 2 do not apply to cargo tank vehicles with two or three permanent
16.15axles when delivering propane for heating or dyed fuel oil on seasonally weight-restricted
16.16roads if the vehicle is loaded at no more than 50 percent capacity of the cargo tank.
16.17(b) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
16.18used for propane must have an operating gauge on the cargo tank that shows the amount of
16.19propane as a percent of capacity of the cargo tank. Documentation of the capacity of the
16.20cargo tank must be available on the cargo tank or in the cab of the vehicle. For purposes of
16.21this subdivision, propane weighs 4.2 pounds per gallon.
16.22(c) To be exempt from weight restrictions under paragraph (a), a cargo tank vehicle
16.23used for dyed fuel oil must utilize the forward two tank compartments and must carry
16.24documentation of the empty weight of the cargo tank vehicle from a certified scale in the
16.25cab of the vehicle. For purposes of this subdivision, dyed fuel oil weighs seven pounds
16.27(d) To the extent practicable, cargo tank vehicles that are exempt from weight
16.28restrictions under paragraph (a) shall complete deliveries on seasonally weight restricted
16.29roads by 12:00 p.m. and before the last week of April.
16.30 Sec. 20. Minnesota Statutes 2008, section 174.64, subdivision 4, is amended to read:
16.31 Subd. 4. Petition
16.32the commissioner's jurisdiction, the commissioner shall receive, hear, and determine all
16.33petitions filed with the commissioner in accordance with the procedures established by law
17.1and may hold hearings and make determinations upon the commissioner's own motion to
17.2the same extent, and in every instance, in which the commissioner may do so upon petition.
17.10appear at a hearing to object to the petition from any person within 20 days of the notice
17.11having been fully given, the request of the petition must be granted or denied only after
17.12a contested case hearing has been conducted on the petition, unless the objection is
17.13withdrawn before the hearing. The commissioner may elect to hold a contested case
17.14hearing if no objections to the petition are received. If a timely objection is not received,
17.15or if received and withdrawn, and the request of the petition is denied without hearing,
17.16the petitioner may request within 30 days of receiving the notice of denial, and must be
17.17granted, a contested case hearing on the petition.
17.18 Sec. 21. Minnesota Statutes 2008, section 174.66, is amended to read:
17.19174.66 CONTINUATION OF CARRIER RULES.
17.20(a) Orders and directives in force, issued, or promulgated under authority of chapters
17.21174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
17.22modified, or superseded by duly authorized orders or directives of the commissioner of
17.23transportation. To the extent allowed under federal law or regulation, rules adopted under
17.24authority of the following sections are transferred to the commissioner of transportation
17.25and continue in force and effect until repealed, modified, or superseded by duly authorized
17.26rules of the commissioner:
17.28rates, railroad accounting rules, and safety rules;
17.30(3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
17.32(4) rules relating to the sale, assignment, pledge, or other transfer of a stock interest
17.33in a corporation holding authority to operate as a permit carrier as prescribed in section
18.1(5) rules relating to rates, charges, and practices under section
18.3(6) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits
18.5(b) The commissioner shall review the transferred rules, orders, and directives and,
18.6when appropriate, develop and adopt new rules, orders, or directives.
18.7 Sec. 22. Minnesota Statutes 2008, section 221.012, subdivision 19, is amended to read:
18.8 Subd. 19. Household goods. "Household goods" means personal effects and
18.9property used or to be used by the owner in the owner's dwelling
18.12 Sec. 23. Minnesota Statutes 2008, section 221.012, subdivision 29, is amended to read:
18.13 Subd. 29. Permit. "Permit" means the license
18.14issued to motor carriers
18.16the use of the highways of Minnesota for transportation for hire.
18.17 Sec. 24. Minnesota Statutes 2008, section 221.021, subdivision 1, is amended to read:
18.18 Subdivision 1. Registration certificate or permit required. No person may operate
18.19as a motor carrier or advertise or otherwise hold out as a motor carrier without a certificate
18.20of registration or permit in effect. A certificate or permit may be suspended or revoked
18.21upon conviction of violating a provision of sections
18.22order or rule of the commissioner governing the operation of motor carriers, and upon a
18.23finding by the court that the violation was willful. The commissioner may, for good cause
18.24after a hearing, suspend or revoke a certificate or permit for a violation of a provision of
18.26 Sec. 25. Minnesota Statutes 2008, section 221.022, is amended to read:
18.28The powers granted to the commissioner under sections
18.29do not include the power to regulate any service or vehicles operated by the Metropolitan
18.30Council or to register passenger transportation service provided under contract to the
18.31department or the Metropolitan Council. A provider of passenger transportation service
19.1under contract to the department or the Metropolitan Council may not also provide service
19.2as a motor carrier of passengers without first having registered under section
19.3 Sec. 26. Minnesota Statutes 2008, section 221.025, is amended to read:
19.5The provisions of this chapter requiring a certificate or permit to operate as a motor
19.6carrier do not apply to the intrastate transportation described below:
19.7(1) the transportation of students to or from school or school activities in a school
19.8bus inspected and certified under section
19.9parents to or from a Head Start facility or Head Start activity in a Head Start bus inspected
19.10and certified under section
19.11(2) the transportation of solid waste, as defined in section
19.12including recyclable materials and waste tires, except that the term "hazardous waste" has
19.13the meaning given it in section
19.14(3) a commuter van as defined in section
19.15(4) authorized emergency vehicles as defined in section
19.16including ambulances; and tow trucks equipped with proper and legal warning devices
19.17when picking up and transporting (i) disabled or wrecked motor vehicles or (ii) vehicles
19.18towed or transported under a towing order issued by a public employee authorized to
19.19issue a towing order;
19.20(5) the transportation of grain samples under conditions prescribed by the
19.22(6) the delivery of agricultural lime;
19.23(7) the transportation of dirt and sod within an area having a 50-mile radius from the
19.24home post office of the person performing the transportation;
19.25(8) the transportation of sand, gravel, bituminous asphalt mix, concrete ready mix,
19.26concrete blocks or tile and the mortar mix to be used with the concrete blocks or tile, or
19.27crushed rock to or from the point of loading or a place of gathering within an area having a
19.2850-mile radius from that person's home post office or a 50-mile radius from the site of
19.29construction or maintenance of public roads and streets;
19.30(9) the transportation of pulpwood, cordwood, mining timber, poles, posts, decorator
19.31evergreens, wood chips, sawdust, shavings, and bark from the place where the products
19.32are produced to the point where they are to be used or shipped;
19.33(10) the transportation of fresh vegetables from farms to canneries or viner stations,
19.34from viner stations to canneries, or from canneries to canneries during the harvesting,
19.35canning, or packing season, or transporting sugar beets, wild rice, or rutabagas from the
20.1field of production to the first place of delivery or unloading, including a processing
20.2plant, warehouse, or railroad siding;
20.3(11) the transportation of property or freight, other than household goods and
20.4petroleum products in bulk, entirely within the corporate limits of a city or between
20.6(12) the transportation of unprocessed dairy products in bulk within an area having a
20.7100-mile radius from the home post office of the person providing the transportation;
20.8(13) the transportation of agricultural, horticultural, dairy, livestock, or other farm
20.9products within an area having a 100-mile radius from the person's home post office and
20.10the carrier may transport other commodities within the 100-mile radius if the destination
20.11of each haul is a farm;
20.12(14) the transportation of newspapers, as defined in section
20.14weight of 10,000 pounds or less; and
20.15(15) transportation of potatoes from the field of production, or a storage site owned
20.16or otherwise controlled by the producer, to the first place of processing.
20.17The exemptions provided in this section apply to a person only while the person is
20.18exclusively engaged in exempt transportation.
20.19 Sec. 27. Minnesota Statutes 2008, section 221.026, subdivision 2, is amended to read:
20.20 Subd. 2. Exemptions from requirements. Notwithstanding any other law, a
20.21motor carrier of property is exempt from sections
20.24subdivision do not apply to a motor carrier of property while transporting household goods.
20.25 Sec. 28. Minnesota Statutes 2008, section 221.026, subdivision 5, is amended to read:
20.26 Subd. 5. Local regulation. Section
20.27under this section to the same extent that it applies to certificates and permits issued by
20.29 Sec. 29. Minnesota Statutes 2008, section 221.0269, subdivision 3, is amended to read:
20.30 Subd. 3. Termination of relief efforts. (a) Upon termination of direct assistance
20.31to an emergency relief effort, a carrier or driver is subject to the requirements of section
20.33normal work reporting location without complying with that section. A driver who
21.1informs the carrier that the driver needs immediate rest must be permitted at least eight
21.2consecutive hours off duty before the driver is required to return to the terminal or
21.3location. Having returned to the terminal or other location, the driver must be relieved
21.4of all duty and responsibilities.
21.5(b) When a driver has been relieved of all duty and responsibilities upon termination
21.6of direct assistance to an emergency relief effort,
21.7require any driver used by it to drive nor shall any such driver drive in commerce until
21.9(1) has met the requirements of Code of Federal Regulations, title 49, section 395.3,
21.10paragraph (a), which is incorporated by reference; and
21.11(2) has had at least 34 consecutive hours off duty if (i) the driver has been on duty for
21.12more than 60 hours in any seven consecutive days at the time the driver is relieved of all
21.13duty if the employing carrier does not operate every day in the week, or (ii) the driver has
21.14been on duty for more than 70 hours in any eight consecutive days at the time the driver is
21.15relieved of all duty if the employing carrier operates every day in the week.
21.16(c) For purposes of this section, direct assistance to an emergency relief effort
21.17terminates when a driver or commercial motor vehicle is used to transport cargo not
21.18destined for the emergency relief effort, or when the carrier dispatches that driver or
21.19vehicle to another location to begin operations in commerce.
21.20 Sec. 30. Minnesota Statutes 2008, section 221.031, subdivision 1, is amended to read:
21.21 Subdivision 1. Powers, duties, rules, filings. (a) This subdivision applies to motor
21.22carriers engaged in intrastate commerce.
21.23 (b) The commissioner shall prescribe rules for the operation of motor carriers,
21.24including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
21.25of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
21.26qualifications; accident reporting; identification of vehicles; installation of safety devices;
21.27inspection, repair, and maintenance; and proper automatic speed regulators if, in the
21.28opinion of the commissioner, there is a need for the rules.
21.29 (c) The commissioner shall direct the repair and reconstruction or replacement of
21.30an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
21.31the construction and maintenance or furnishing of suitable and proper freight terminals,
21.32passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
21.33at a point on the highway traversed which the commissioner, after investigation by the
21.34department, may deem just and proper for the protection of passengers or property.
22.1 (d) The commissioner shall (1) require holders of household goods mover permits
22.2to file schedules of rates and charges,
22.3carriers in matters affecting the relationship between them and the traveling and shipping
22.4public, and (3) prescribe other rules as may be necessary to carry out the provisions of
22.6 (e) The commissioner shall enforce sections
22.7 Sec. 31. Minnesota Statutes 2008, section 221.031, subdivision 3, is amended to read:
22.8 Subd. 3. Vehicle over 10,000 pounds not exempt. (a) This subdivision applies to
22.9persons engaged in intrastate commerce who operate vehicles providing transportation
22.10described in section
22.11except school buses, commuter vans, and authorized emergency vehicles.
22.12(b) Persons providing transportation described in section
22.13(12), or (13), must comply with the rules for driving of motor vehicles and for parts and
22.14accessories necessary for safe operation.
22.15(c) Persons providing transportation described in section
22.16providing transportation described in clause (6), (10), (12), or (13), must comply with the
22.17rules for driving of motor vehicles; parts and accessories necessary for safe operation;
22.19 Sec. 32. Minnesota Statutes 2008, section 221.031, subdivision 3c, is amended to read:
22.20 Subd. 3c. Solid waste transporter not exempt. Persons providing transportation
22.21described in section
22.23parts and accessories necessary for safe operation; and inspection, repair, and maintenance.
22.24A local government unit, as defined in section
22.25enforce laws, ordinances, or regulations for the operation of solid waste transporters that
22.26are inconsistent with the rules adopted in section
22.27 Sec. 33. Minnesota Statutes 2008, section 221.031, subdivision 6, is amended to read:
22.28 Subd. 6. Vehicle identification rule.
22.30the requirements for marking commercial motor vehicles in Code of Federal Regulations,
22.31title 49, section 390.21, which is incorporated by reference:
23.1 (1) motor carriers, regardless of the weight of the vehicle, except that this
23.2requirement does not apply to a limousine as defined in section
23.3that is equipped with "LM" license plates;
23.4 (2) interstate and intrastate private carriers operating vehicles with a gross vehicle
23.5weight of more than 10,000 pounds; and
23.6 (3) vehicles providing transportation described in section
23.7vehicle weight of more than 10,000 pounds except those providing transportation
23.8described in section
23.9Vehicles described in
23.11with the vehicle identification rule of the commissioner.
23.22 Sec. 34. Minnesota Statutes 2008, section 221.0314, subdivision 2, is amended to read:
23.23 Subd. 2. Qualification of driver. Code of Federal Regulations, title 49, part 391
23.24and appendixes D and E, are incorporated by reference except for sections 391.2;
23.27subdivision are not incorporated by reference.
23.28 Sec. 35. Minnesota Statutes 2008, section 221.0314, subdivision 3a, is amended to
23.30 Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
23.31a waiver to a person who is not physically qualified to drive under Code of Federal
23.32Regulations, title 49, section
23.33this subdivision applies to intrastate transportation only.
24.1(b) A person who wishes to obtain a waiver under this subdivision must give the
24.2commissioner the following information:
24.3(1) the applicant's name, address, and telephone number;
24.4(2) the name, address, and telephone number of an employer coapplicant, if any;
24.5(3) a description of the applicant's experience in driving the type of vehicle to be
24.6operated under the waiver;
24.7(4) a description of the type of driving to be done under the waiver;
24.8(5) a description of any modifications to the vehicle the applicant intends to drive
24.9under the waiver that are designed to accommodate the applicant's medical condition or
24.11(6) whether the applicant has been granted another waiver under this subdivision;
24.12(7) a copy of the applicant's current driver's license;
24.13(8) a copy of a medical examiner's certificate showing that the applicant is medically
24.14unqualified to drive unless a waiver is granted;
24.15(9) a statement from the applicant's treating physician that includes:
24.16(i) the extent to which the physician is familiar with the applicant's medical history;
24.17(ii) a description of the applicant's medical condition for which a waiver is necessary;
24.18(iii) assurance that the applicant has the ability and willingness to follow any course
24.19of treatment prescribed by the physician, including the ability to self-monitor or manage
24.20the medical condition; and
24.21(iv) the physician's professional opinion that the applicant's condition will not
24.22adversely affect the applicant's ability to operate a motor vehicle safely; and
24.23(10) any other information considered necessary by the commissioner including
24.24requiring a physical examination or medical report from a physician who specializes
24.25in a particular field of medical practice.
24.26(c) In granting a waiver under this subdivision, the commissioner may impose
24.27conditions the commissioner considers necessary to ensure that an applicant is able to
24.28operate a motor vehicle safely and that the safety of the general public is protected.
24.29(d) A person who is granted a waiver under this subdivision must:
24.30(1) at intervals specified in the waiver, give the commissioner periodic reports from
24.31the person's treating physician, or a medical specialist if the commissioner so requires in
24.32the waiver, that contain the information described in paragraph (b), clause (9), together
24.33with a description of any episode that involved the person's loss of consciousness or loss
24.34of ability to operate a motor vehicle safely; and
24.35(2) immediately report the person's involvement in an accident for which a report is
24.36required under section
25.1(e) The commissioner shall deny an application if, during the three years preceding
25.3(1) the applicant's driver's license has been suspended under section 171.18,
25.4paragraph (a), clauses (1) to (9), (11), and (12), canceled under section 171.14, or revoked
25.5under section 171.17, 171.172, or 171.174; or
25.6(2) the applicant has been convicted of a disqualifying offense, as defined in Code
25.7of Federal Regulations, title 49, section
25.9(f) The commissioner may deny an application or may immediately revoke a
25.10waiver granted under this subdivision. Notice of the commissioner's reasons for denying
25.11an application or for revoking a waiver must be in writing and must be mailed to
25.12the applicant's or waiver holder's last known address by certified mail, return receipt
25.13requested. A person whose application is denied or whose waiver is revoked is entitled to
25.14a hearing under chapter 14.
25.15(g) A waiver granted under this subdivision expires on the date of expiration shown
25.16on the medical examiner's certificate described in paragraph (b), clause (8).
25.17 Sec. 36. Minnesota Statutes 2008, section 221.0314, subdivision 9, is amended to read:
25.18 Subd. 9. Hours of service of driver. Code of Federal Regulations, title 49, part
25.19395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (m),
25.20and (n) of section 395.1
25.21cross-references to sections or paragraphs not incorporated in this subdivision are not
25.22incorporated by reference. The requirements of Code of Federal Regulations, title 49, part
25.23395, do not apply to drivers of lightweight vehicles.
25.24 Sec. 37. Minnesota Statutes 2008, section 221.033, subdivision 1, is amended to read:
25.25 Subdivision 1. Requirements. Except as provided in subdivisions 2 to 3, no
25.26person may transport or offer or accept for transportation within the state of Minnesota
25.27a hazardous material, hazardous substance, or hazardous waste except in compliance
25.28with United States Code, title 49, sections 5101 to 5126 and the provisions of Code of
25.29Federal Regulations, title 49, parts 171 to 199, which are incorporated by reference. Those
25.30provisions apply to transportation in intrastate commerce to the same extent they apply
25.31to transportation in interstate commerce.
25.32 Sec. 38. Minnesota Statutes 2008, section 221.033, subdivision 2, is amended to read:
26.1 Subd. 2. Exemption for farmer. (a) This subdivision applies to persons engaged
26.2in intrastate commerce.
26.3(b) Farmers or their employees transporting diesel fuel, gasoline, agricultural
26.4chemicals, or agricultural fertilizers for use on the transporter's farm are not required to
26.5comply with the rules
26.6for driver qualifications or with the shipping paper requirements of the Code of Federal
26.7Regulations, title 49,
26.9(1) transporting diesel fuel or gasoline in motorized tank truck vehicles of less than
26.101,500-gallon capacity owned by the transporter, or in tanks securely mounted in other
26.11motor vehicles with a gross vehicle weight of less than 10,000 pounds and owned by
26.12the transporter; or
26.13(2) transporting agricultural chemicals and agricultural fertilizers.
26.14 Sec. 39. Minnesota Statutes 2008, section 221.121, subdivision 1, is amended to read:
26.15 Subdivision 1.
26.21the commissioner prescribes. No person shall knowingly make a false or misleading
26.23 (b) The commissioner shall issue the permit
26.24relating to it
26.29subdivision, who has paid the required fee, and who has complied with the financial
26.30responsibility requirements in section 221.141. The commissioner shall not issue a permit
26.31to an applicant who has an unsatisfactory safety rating.
26.32 (c) A permit once granted continues in full force and effect until abandoned or unless
26.33suspended or revoked, subject to compliance by the permit holder with the applicable
26.34provisions of law and the rules of the commissioner governing permit carriers.
27.11Notwithstanding any geographical restrictions imposed upon a permit at the time it was
27.12granted or any state law or rule to the contrary, the holder of a household goods permit
27.13may operate statewide.
27.14 Sec. 40. Minnesota Statutes 2008, section 221.121, subdivision 7, is amended to read:
27.15 Subd. 7. Fee. The petitioner shall pay a fee of $150 into the treasury of the state of
27.16Minnesota for each
27.17applied for under this section.
27.18 Sec. 41. Minnesota Statutes 2008, section 221.122, subdivision 1, is amended to read:
27.19 Subdivision 1. Registration, insurance, and filing requirements. (a) An order
27.20issued by the commissioner which grants a certificate or permit must contain a service date.
27.21(b) The person to whom the order granting the certificate or permit is issued shall do
27.22the following within 45 days from the service date of the order:
27.23(1) register vehicles which will be used to provide transportation under the permit or
27.24certificate with the commissioner and pay the vehicle registration fees required by law;
27.25(2) file and maintain insurance or bond as required by
27.27(3) file rates and tariffs as required by section
27.28 Sec. 42. Minnesota Statutes 2008, section 221.123, is amended to read:
27.29221.123 EFFECT OF DEATH OF HOUSEHOLD GOODS CARRIER
27.31This section governs the transfer of a household goods carrier permit in the event of
27.32the death of the permit holder. Within one year after the transfer of a permit of a deceased
27.33permit holder by the deceased permit holder's personal representative, or within one year
28.1after the date of a decree or order issued by the district court transferring the permit of a
28.2deceased permit holder, the distributee, as defined in section
28.3permit shall apply to the commissioner to have the permit transferred under the provisions
28.5If an application to transfer the permit is not filed within the time prescribed above,
28.6the permit is revoked and the commissioner shall so notify the person who had received
28.8 Sec. 43. Minnesota Statutes 2008, section 221.132, is amended to read:
28.9221.132 PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD.
28.10For special or extraordinary events, the commissioner may issue a prepaid
28.11temporary vehicle identification card to a permit or certificate holder subject to section
28.13commissioner with the carrier's name, address, and permit or certificate number. The card
28.14may be used by the motor carrier to whom it is issued to identify a vehicle temporarily
28.15added to its fleet, if the vehicle has evidence of being inspected under section
28.17section 396.17 or 396.23, paragraph (b)(1), which are incorporated by reference, within
28.18the previous 12 months, or has a current Commercial Vehicle Safety Alliance decal. The
28.19card must be executed by the motor carrier by dating and signing the card and describing
28.20the vehicle in which it will be carried. The identification card is valid for a period of ten
28.21days from the date the motor carrier places on the card when the card is executed. The
28.22card must be used within one year from the date of issuance by the commissioner. The
28.23card may not be used if the permit or certificate is not in full force and effect. The card
28.24may not be transferred. The commissioner may not refund the cost of unused prepaid
28.25temporary vehicle identification cards.
28.26 Sec. 44. Minnesota Statutes 2008, section 221.151, subdivision 1, is amended to read:
28.27 Subdivision 1. Petition. (a) Permits
28.29approving the transfer or assignment
28.30 (b) The proposed seller and buyer or lessor and lessee of a permit
28.32forth the name and address of the parties, the identifying number of the permit, and the
28.33description of the authority which the parties seek to sell or lease, a short statement of
28.34the reasons for the proposed sale or lease, a statement of outstanding claims of creditors
29.1which are directly attributable to the operation to be conducted under the permit, a copy of
29.2the contract of sale or lease, and a financial statement with a balance sheet and an income
29.3statement, if existent, of the buyer or lessee. If it appears to the commissioner from the
29.4contents of the petition and from the department's records, files, and investigation that
29.5the approval of the sale or lease of the permit will not adversely affect the rights of the
29.6users of the service, the commissioner may make an order granting the sale or lease.
29.11 (c) The commissioner shall look to the substance of the transaction rather than the
29.12form. An agreement for the transfer or sale of a permit must be reported and filed with the
29.13commissioner within 30 days of the agreement.
29.14 (d) If an authority to operate as a permit carrier is held by a corporation, a sale,
29.15assignment, pledge, or other transfer of the stock interest in the corporation which will
29.16accomplish a substantial or material change or transfer of the majority ownership of
29.17the corporation, as exercised through its stockholders, must be reported in the manner
29.18prescribed in the rules of the commissioner within 30 days after the sale, assignment,
29.19pledge, or other transfer of stock. The commissioner shall then make a finding whether or
29.20not the stock transfer does, in fact, constitute a sale, lease, or other transfer of the permit of
29.21the corporation to a new party or parties and, if they so find, then the continuance of the
29.22permit issued to the corporation may only be upon the corporation's complying with the
29.23standards and procedures otherwise imposed by this section.
29.24 Sec. 45. Minnesota Statutes 2008, section 221.161, subdivision 1, is amended to read:
29.25 Subdivision 1. Filing; hearing upon board initiative
29.28with the commissioner a tariff showing rates and charges for transporting
29.30of the commissioner. When tariffs are filed in accordance with the rules and accepted by
29.31the commissioner, the filing constitutes notice to the public and interested parties of the
29.32contents of the tariffs. The commissioner shall not accept for filing tariffs that are unjust,
29.33unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or otherwise
29.34in violation of this section or rules adopted under this section. If the tariffs appear to
29.35be unjust, unreasonable, unjustly discriminatory, unduly preferential or prejudicial, or
30.1otherwise in violation of this section or rules adopted under this section, after notification
30.2and investigation by the department, the
30.3the effective date of the tariffs and assign the tariffs for hearing upon notice to the
30.4household goods carrier filing the proposed tariffs and to other interested parties, including
30.5users of the service and competitive carriers by motor vehicle and rail. At the hearing,
30.6the burden of proof is on the
30.7sustain the validity of the proposed schedule of rates and charges.
30.10or reissues of them must state the effective date, which may not be less than ten days
30.11following the date of filing, unless the period of time is reduced by special permission of
30.15 Sec. 46. Minnesota Statutes 2008, section 221.161, subdivision 4, is amended to read:
30.16 Subd. 4. Hearing on merits of rates and charges. The commissioner, (1) after
30.17a suspension and hearing upon a schedule of rates and charges, or upon complaint, or
30.18upon the commissioner's own initiative, either in extension of an existing complaint or
30.19without a complaint whatever, (2) after department investigation and petition, (3) upon
30.20notice to the permit carrier or tariff agent proposing, maintaining, or charging a schedule
30.21of rates and charges on a single group of related commodities, and (4) upon notice to the
30.22users of the service and competitive carriers by motor vehicle and rail, may assign for
30.23hearing the schedule of rates and charges proposed, maintained, or charged by any or all
30.24permit carriers. Upon a finding, after a hearing, that the schedule of rates and charges are
30.25unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial or
30.26otherwise in violation of this section, the commissioner may prescribe minimum rates and
30.27charges and the rates, rules, and practices thereafter to be maintained and applied by the
30.28permit carrier or tariff agent. In the hearing the burden of proof is upon the permit carrier
30.29or tariff agent whose schedules of rates and charges are under investigation to show that
30.30the schedules are not below a minimum reasonable level or are not noncompensatory.
31.1 Sec. 47. Minnesota Statutes 2008, section 221.171, is amended to read:
31.2221.171 COMPENSATION OF
31.4 Subdivision 1. Compensation fixed by schedule on file. No
31.5goods carrier shall charge or receive a greater, lesser, or different compensation for the
31.6transportation of persons or property or for related service, than the rates and charges
31.7named in the carrier's schedule on file and in effect with the commissioner including any
31.8rate fixed by the commissioner under section
31.9carrier refund or remit in any manner or by any device, directly or indirectly, the rates and
31.10charges required to be collected by the carrier under the carrier's schedules or under the
31.11rates, if any, fixed by the commissioner.
31.12 Subd. 2. Exemptions
31.13of household goods for the federal government or an agency of the federal government or
31.14the transportation of household goods for the state government or an agency of the state
31.15government where competitive bids are required by law is exempt from subdivision 1.
31.16(b) A person engaged in the transportation of household goods at the request of a
31.17nonprofit charitable organization that qualifies for tax exemption under section 501(c)(3)
31.18of the Internal Revenue Code is exempt from subdivision 1 when the transportation
31.19is in furtherance of the organization's charitable purpose. A person engaged in the
31.20transportation of household goods for a charitable organization may conduct the
31.23 Sec. 48. Minnesota Statutes 2008, section 221.172, subdivision 3, is amended to read:
31.24 Subd. 3.
31.25Household goods mover. (a) A
31.27each shipment transported under a
31.28more documents, including a bill of lading, freight bill, manifest, delivery receipt, or
31.29other document. If it consists of more than one document, the documents constituting a
31.30shipment record must be available for inspection together.
31.31(b) A record must show the:
31.32(1) names of the consignor and consignee;
31.33(2) date of shipment;
31.34(3) origin and destination points;
32.12 Sec. 49. Minnesota Statutes 2008, section 221.185, subdivision 2, is amended to read:
32.13 Subd. 2. Notice of suspension. (a) Failure to file and maintain insurance, renew
32.14permits under section
32.18commissioner sends notice of the suspension by certified mail, return receipt requested, to
32.19the last known address of the motor carrier.
32.20(b) In order to avoid permanent cancellation of the permit or certificate, the motor
32.21carrier must do one of the following within 45 days from the date of suspension:
32.22(1) comply with the law by filing insurance or bond, renewing permits, or paying
32.23vehicle registration fees; or
32.24(2) request a hearing before the commissioner regarding the failure to comply
32.25with the law.
32.26 Sec. 50. Minnesota Statutes 2008, section 221.185, subdivision 4, is amended to read:
32.27 Subd. 4. Grounds for cancellation. Except as provided in subdivision 5a, failure to
32.28comply with the requirements of
32.30vehicle registration or permit renewal,
32.32within 45 days of the date of suspension, is deemed an abandonment of the motor carrier's
32.33permit or certificate and the permit or certificate must be canceled by the commissioner.
33.1 Sec. 51. Minnesota Statutes 2008, section 221.185, subdivision 5a, is amended to read:
33.2 Subd. 5a. Reinstatement after cancellation. A motor carrier whose permit or
33.3certificate is canceled for failure to comply with
33.4relating to bonds and insurance may ask the commissioner to review the cancellation.
33.5Upon review, the commissioner shall rescind the cancellation if (1) the motor carrier
33.6presents evidence showing that before the effective date of the notice of cancellation
33.7issued under subdivision 5, the motor carrier had obtained and paid for the insurance
33.9(2) the commissioner is satisfied that the motor carrier has complied with the requirements
33.11 Sec. 52. Minnesota Statutes 2008, section 221.185, subdivision 9, is amended to read:
33.12 Subd. 9. New petition. If the holder of a canceled permit or certificate seeks
33.13authority to operate as a motor carrier it shall file a petition with the commissioner for a
33.14permit or certificate as provided in section
33.15 Sec. 53. Minnesota Statutes 2008, section 221.605, subdivision 1, is amended to read:
33.16 Subdivision 1. Federal regulations and state rules. (a) Interstate carriers and
33.17private carriers engaged in interstate commerce shall comply with the federal motor carrier
33.18regulations in Code of Federal Regulations, title 49, parts 40, 382, 383, 387, and 390
33.19through 398, which are incorporated by reference, and with the rules of the commissioner
33.20concerning inspections, vehicle and driver out-of-service restrictions and requirements,
33.21and vehicle, driver, and equipment checklists. For purposes of regulating commercial
33.22motor vehicles as defined in section
33.23Code of Federal Regulations, title 49, section
33.24only to driveaway-towaway operations.
33.25(b) An interstate carrier or private carrier engaged in interstate commerce who
33.26complies with federal regulations governing testing for controlled substances and alcohol
33.27is exempt from the requirements of sections
33.28testing program provides for testing for controlled substances in addition to those listed in
33.29Code of Federal Regulations, title 49, section
33.30test for drugs, in addition to those listed in Code of Federal Regulations, title 49, section
34.1 Sec. 54. Minnesota Statutes 2008, section 221.68, is amended to read:
34.2221.68 REGISTRATION VIOLATIONS; PENALTIES.
34.3Any person who violates or procures, aids, or abets violation of, or fails to comply
34.4with, the provisions of
34.6of a misdemeanor; and, additionally,
34.7every day of such failure to so comply, to be recovered for the state in a civil action. Each
34.9 Sec. 55. Minnesota Statutes 2008, section 221.81, subdivision 3d, is amended to read:
34.10 Subd. 3d. Identification.
34.11221.031, subdivision 6. The mover's name and
34.12on the power unit of a vehicle used to move buildings and on buildings being moved.
34.25 Sec. 56. REVISION OF RULES.
34.26The commissioner of transportation shall repeal, amend, and adopt revisions to
34.27rules relating to motor carriers contained in Minnesota Rules, chapters 7800, 7805, 8850,
34.288855, and 8920, and may use the expedited process for adopting rules under Minnesota
34.29Statutes, section 14.389.
34.30 Sec. 57. REVISOR'S INSTRUCTION.
34.31The revisor of statutes shall change the headnote for Minnesota Statutes, section
34.32221.121, to read "HOUSEHOLD GOODS MOVER PERMIT."
35.1 Sec. 58. REPEALER.
35.2Minnesota Statutes 2008, sections 169.67, subdivision 6; 169.826, subdivisions
35.31b and 5; 169.832, subdivisions 11 and 11a; 221.012, subdivisions 2, 3, 6, 7, 11, 12,
35.421, 23, 24, 30, 32, 39, 40, and 41; 221.031, subdivision 2b; 221.072; 221.101; 221.111;
35.5221.121, subdivisions 2, 3, 5, 6, 6a, 6c, 6d, 6e, and 6f; 221.131, subdivision 2a; 221.141,
35.6subdivision 6; 221.151, subdivisions 2 and 3; 221.153; 221.172, subdivisions 4, 5, 6, 7,
35.7and 8; and 221.296, subdivisions 3, 4, 5, 6, 7, and 8, are repealed.
35.8 Sec. 59. EFFECTIVE DATE.
35.9Sections 2, 33, and 55 are effective August 1, 2011.