Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 377-S.F.No. 2342 
                  An act relating to motor carriers; providing for 
                  deregulation of motor carriers of property; 
                  establishing a carrier registration system; allowing 
                  relief from safety regulations during declared 
                  emergency; creating exemptions from certain workplace 
                  drug and alcohol testing; requiring alcohol testing; 
                  changing the definition of warehouse operator; 
                  amending Minnesota Statutes 1994, sections 221.011, 
                  subdivision 15, and by adding a subdivision; 221.031, 
                  by adding a subdivision; 221.605, subdivision 1; and 
                  231.01, subdivision 5; proposing coding for new law in 
                  Minnesota Statutes, chapter 221. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 221.011, 
        subdivision 15, is amended to read: 
           Subd. 15.  [MOTOR CARRIER.] "Motor carrier" means a carrier 
        operating for hire under the authority of this chapter and 
        subject to the rules and orders of the commissioner and or the 
        board. 
           Sec. 2.  Minnesota Statutes 1994, section 221.011, is 
        amended by adding a subdivision to read: 
           Subd. 47.  [MOTOR CARRIER OF PROPERTY.] "Motor carrier of 
        property" means a motor carrier engaged in the for-hire 
        transportation of property, other than household goods, in 
        Minnesota who has filed a registration statement with the 
        commissioner.  
           Sec. 3.  [221.0251] [CARRIER REGISTRATION.] 
           Subdivision 1.  [REGISTRATION STATEMENT.] A person who 
        wishes to operate as a motor carrier shall file a complete and 
        accurate registration statement with the commissioner.  A 
        registration statement must be on a form provided by the 
        commissioner and include: 
           (1) the registrant's name, including an assumed or 
        fictitious name used by the registrant in doing business; 
           (2) the registrant's mailing address and business telephone 
        number; 
           (3) the registrant's federal Employer Identification Number 
        and Minnesota Business Identification Number and the 
        identification numbers, if any, assigned to the registrant by 
        the United States Department of Transportation, Interstate 
        Commerce Commission, or Environmental Protection Agency; 
           (4) the name, title, and telephone number of the individual 
        who is principally responsible for the operation of the 
        registrant's transportation business; 
           (5) the principal location from which the registrant 
        conducts its transportation business and where the records 
        required by this chapter will be kept; 
           (6) if different from clause (5), the location in Minnesota 
        where the records required by this chapter will be available for 
        inspection and copying by the commissioner; 
           (7) whether the registrant transports hazardous materials 
        or hazardous waste; 
           (8) whether the registrant's business is a corporation, 
        partnership, limited liability partnership, limited liability 
        company, or sole proprietorship; and 
           (9) if the registrant is a foreign corporation authorized 
        to transact business in Minnesota, the state of incorporation 
        and the name and address of its registered agent. 
           Subd. 2.  [SIGNATURE REQUIRED.] A registration statement 
        may be signed only by a corporate officer, general partner, 
        limited liability company board member, or sole proprietor.  A 
        signature must be notarized. 
           Subd. 3.  [CERTIFICATE OF REGISTRATION; ISSUANCE; 
        LOCATION.] (a) The commissioner shall issue a certificate of 
        registration to a registrant who has filed a registration 
        statement that complies with subdivisions 1 and 2 and paid the 
        required fee, has a satisfactory safety rating and, if 
        applicable, has complied with the financial responsibility 
        requirements in section 221.141.  The commissioner may not issue 
        a certificate of registration to a registrant who has an 
        unsatisfactory safety rating. 
           (b) A certificate of registration must be numbered and bear 
        an effective date. 
           (c) A certificate of registration must be kept at the 
        registrant's principal place of business. 
           Subd. 4.  [DURATION.] A certificate of registration is not 
        assignable or transferable and is valid until it is suspended, 
        revoked, or canceled. 
           Subd. 5.  [OBLIGATION TO KEEP INFORMATION CURRENT.] A 
        registrant shall notify the commissioner in writing of any 
        change in the information described in subdivision 1. 
           Sec. 4.  [221.026] [MOTOR CARRIERS OF PROPERTY; 
        EXEMPTIONS.] 
           Subdivision 1.  [REGISTRATION.] No person may engage in the 
        for-hire transportation of property, other than household goods, 
        in Minnesota unless the person has filed a registration 
        statement with the commissioner on a form the commissioner 
        prescribes. 
           Subd. 2.  [EXEMPTIONS FROM REQUIREMENTS.] Notwithstanding 
        any other law, a motor carrier of property is exempt from 
        sections 221.021; 221.041; 221.061; 221.071; 221.072; 221.081; 
        221.121; 221.122; 221.123; 221.131; 221.132; 221.151; 221.161; 
        221.172, subdivisions 3 to 8; 221.185, except as provided in 
        subdivision 4; and 221.296.  The exemptions in this subdivision 
        do not apply to a motor carrier of property while transporting 
        household goods. 
           Subd. 3.  [SAFETY REGULATIONS.] A motor carrier of property 
        is subject to those federal regulations incorporated by 
        reference in section 221.0314, unless exempted from those 
        regulations by section 221.031. 
           Subd. 4.  [SUSPENSION AND CANCELLATION OF 
        REGISTRATION.] The commissioner shall suspend or cancel, 
        following the procedures for suspension or cancellation in 
        section 221.185, the registration of a motor carrier of property 
        who fails to file with the commissioner or maintain the 
        insurance or bond required under section 221.141.  A person may 
        not engage in the for-hire transportation of property, other 
        than household goods, in Minnesota while the person's 
        registration is under suspension or cancellation under this 
        subdivision. 
           Subd. 5.  [LOCAL REGULATION.] Section 221.091 applies to 
        registration statements under this section to the same extent 
        that it applies to certificates and permits issued by the board. 
           Sec. 5.  [221.0269] [RELIEF FROM SAFETY REGULATIONS.] 
           Subdivision 1.  [GOVERNOR MAY GRANT RELIEF.] The governor 
        may declare an emergency and grant relief from any of the 
        regulations incorporated in section 221.0314 to carriers and 
        drivers operating motor vehicles in Minnesota to provide 
        emergency relief during the emergency.  The relief granted may 
        not exceed the duration of the motor carrier's or driver's 
        direct assistance in providing emergency relief, or 30 days from 
        the date of the initial declaration of the emergency, whichever 
        is less. 
           Subd. 2.  [EXTENSION OF RELIEF.] On request of a carrier or 
        driver, the commissioner may extend the 30-day relief period in 
        subdivision 1.  A request for extension must be in writing and 
        must give a detailed explanation of the reasons for requesting 
        additional relief.  The commissioner shall consider the severity 
        of the ongoing emergency and the nature of the relief services 
        to be provided by the motor carrier or driver in determining 
        whether to grant an extension.  If the commissioner decides to 
        grant an extension, the extension must include a new time limit 
        and may include any restrictions on the carrier or driver the 
        commissioner considers necessary. 
           Subd. 3.  [TERMINATION OF RELIEF EFFORTS.] (a) Upon 
        termination of direct assistance to an emergency relief effort, 
        a carrier or driver is subject to the requirements of section 
        221.0314, except that a driver may return empty to a carrier's 
        terminal or the driver's normal work reporting location without 
        complying with that section.  A driver who informs the carrier 
        that the driver needs immediate rest must be permitted at least 
        eight consecutive hours off duty before the driver is required 
        to return to the terminal or location.  Having returned to the 
        terminal or other location, the driver must be relieved of all 
        duty and responsibilities. 
           (b) When a driver has been relieved of all duty and 
        responsibilities upon termination of direct assistance to an 
        emergency relief effort, no carrier shall permit or require any 
        driver used by it to drive nor shall any such driver drive in 
        commerce until the driver: 
           (1) has met the requirements of Code of Federal 
        Regulations, title 49, section 395.3, paragraph (a); and 
           (2) has had at least 24 consecutive hours off duty if (i) 
        the driver has been on duty for more than 60 hours in any seven 
        consecutive days at the time the driver is relieved of all duty 
        if the employing carrier does not operate every day in the week, 
        or (ii) the driver has been on duty for more than 70 hours in 
        any eight consecutive days at the time the driver is relieved of 
        all duty if the employing carrier operates every day in the week.
           (c) For purposes of this section, direct assistance to an 
        emergency relief effort terminates when a driver or commercial 
        motor vehicle is used to transport cargo not destined for the 
        emergency relief effort, or when the carrier dispatches that 
        driver or vehicle to another location to begin operations in 
        commerce. 
           Sec. 6.  Minnesota Statutes 1994, section 221.031, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [CONTROLLED SUBSTANCES AND ALCOHOL USE AND 
        TESTING EXEMPTION.] A person who or political subdivision of the 
        state which is required to comply with the alcohol and 
        controlled substances testing requirements of Code of Federal 
        Regulations, title 49, parts 219, 382, 653, or 654, is exempt 
        from sections 181.950 to 181.957 if the testing also complies 
        with the procedures for transportation workplace drug and 
        alcohol testing programs in Code of Federal Regulations, title 
        49, part 40. 
           Sec. 7.  Minnesota Statutes 1994, section 221.605, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FEDERAL REGULATIONS.] (a) Interstate 
        carriers and private carriers engaged in interstate commerce 
        shall comply with the federal motor carrier safety regulations, 
        Code of Federal Regulations, title 49, parts 390 to 398; with 
        Code of Federal Regulations, title 49, part 40; and with the 
        rules of the commissioner concerning inspections, vehicle and 
        driver out-of-service restrictions and requirements, and 
        vehicle, driver, and equipment checklists.  For purposes of 
        regulating commercial motor vehicles as defined in section 
        169.781, subdivision 1, the exemption provided in Code of 
        Federal Regulations, title 49, section 396.11, paragraph (d), 
        applies in Minnesota only to driveaway-towaway operations. 
           (b) An interstate carrier or private carrier engaged in 
        interstate commerce who complies with federal regulations 
        governing testing for controlled substances and alcohol is 
        exempt from the requirements of sections 181.950 to 181.957 
        unless the carrier's drug testing program provides for testing 
        for controlled substances in addition to those listed in Code of 
        Federal Regulations, title 49, section 40.21, paragraph (a), or 
        for alcohol.  Persons subject to this section may test for 
        drugs, in addition to those listed in Code of Federal 
        Regulations, title 49, section 40.21, paragraph (a), or for 
        alcohol, only in accordance with sections 181.950 to 181.957 and 
        rules adopted under those sections. 
           Sec. 8.  Minnesota Statutes 1994, section 231.01, 
        subdivision 5, is amended to read: 
           Subd. 5.  [WAREHOUSE OPERATOR.] The term "warehouse 
        operator," as used in this chapter, means and includes every 
        corporation, company, association, joint stock company or 
        association, firm, partnership, or individual, their trustees, 
        assignees, or receivers appointed by any court, controlling, 
        operating, or managing within this state directly or indirectly, 
        any building or structure, or any part thereof, or any buildings 
        or structures, or any other property, and using the same for the 
        storage or warehousing of goods, wares, or merchandise for 
        compensation, or who shall hold itself out as being in the 
        storage or warehouse business, or as offering storage or 
        warehouse facilities, or advertise for, solicit or accept goods, 
        wares, or merchandise for storage for compensation, but shall 
        not include persons, corporations, or other parties operating 
        open air storage facilities containing minerals, ores, steel, or 
        rock products such as, but not limited to, aggregates, clays, 
        railroad ballast, iron ore, copper ore, nickel ore, limestone, 
        coal, and salt or operating grain or cold storage warehouses, or 
        storing on a seasonal basis boats, boating accessories, 
        recreational vehicles or recreational equipment or facilities in 
        which the party storing goods rents and occupies space as a 
        tenant and the entire risk of loss is with the tenant pursuant 
        to written contract between the landlord and tenant. 
           Sec. 9.  [CONVERSION OF PERMITS.] 
           The holder of a valid class I or petroleum carrier 
        certificate, a class II, class II-T, class II-L, livestock 
        carrier, contract carrier, courier services carrier, local 
        cartage carrier, temperature-controlled commodities or armored 
        carrier permit, or a hazardous materials carrier who is 
        registered under Minnesota Statutes, section 221.0355, on the 
        effective date of this section, is deemed to have complied with 
        Minnesota Statutes, section 221.0251.  The commissioner shall 
        issue a certificate of registration to any such certificate or 
        permit holder or registered hazardous materials carrier.  Upon 
        the commissioner's issuance of a certificate of registration, 
        the existing certificates or permits held become null and void, 
        except hazardous materials permits. 
           Sec. 10.  [EFFECTIVE DATE.] 
           Sections 1 to 7 and 9 are effective the day following final 
        enactment. 
           Presented to the governor March 25, 1996 
           Signed by the governor March 27, 1996, 11:15 a.m.