1.1    .................... moves to amend H.F. No. 3800 as follows:
1.2Delete everything after the enacting clause and insert:


1.5    Section 1. Minnesota Statutes 2006, section 168.011, subdivision 7, is amended to read:
1.6    Subd. 7. Passenger automobile. (a) "Passenger automobile" means any motor
1.7vehicle designed and used for carrying not more than 15 individuals, including the driver.
1.8    (b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
1.9school buses, or commuter vans as defined in section 168.126.
1.10    (c) "Passenger automobile" includes, but is not limited to:
1.11    (1) pickup trucks and vans, including those vans designed to carry passengers, with
1.12a manufacturer's nominal rated carrying capacity of one ton; and
1.13    (2) neighborhood electric vehicles, as defined in section 169.01, subdivision 91; and
1.14    (3) medium-speed electric vehicles, as defined in section 169.01, subdivision 94.

1.15    Sec. 2. Minnesota Statutes 2006, section 168.012, subdivision 1, is amended to read:
1.16    Subdivision 1. Vehicles exempt from tax, fees, or plate display. (a) The following
1.17vehicles are exempt from the provisions of this chapter requiring payment of tax and
1.18registration fees, except as provided in subdivision 1c:
1.19    (1) vehicles owned and used solely in the transaction of official business by the
1.20federal government, the state, or any political subdivision;
1.21    (2) vehicles owned and used exclusively by educational institutions and used solely
1.22in the transportation of pupils to and from those institutions;
1.23    (3) vehicles used solely in driver education programs at nonpublic high schools;
1.24    (4) vehicles owned by nonprofit charities and used exclusively to transport disabled
1.25persons for charitable, religious, or educational purposes;
2.1    (5) ambulances owned by ambulance services licensed under section 144E.10, the
2.2general appearance of which is unmistakable; and
2.3    (6) vehicles owned by a commercial driving school licensed under section 171.34,
2.4or an employee of a commercial driving school licensed under section 171.34, and the
2.5vehicle is used exclusively for driver education and training.
2.6    (b) Vehicles owned by the federal government, municipal fire apparatuses including
2.7fire-suppression support vehicles, police patrols, and ambulances, the general appearance
2.8of which is unmistakable, are not required to register or display number plates.
2.9    (c) Unmarked vehicles used in general police work, liquor investigations, or arson
2.10investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
2.11the Department of Corrections, must be registered and must display appropriate license
2.12number plates, furnished by the registrar at cost. Original and renewal applications for
2.13these license plates authorized for use in general police work and for use by the Department
2.14of Corrections must be accompanied by a certification signed by the appropriate chief of
2.15police if issued to a police vehicle, the appropriate sheriff if issued to a sheriff's vehicle,
2.16the commissioner of corrections if issued to a Department of Corrections vehicle, or the
2.17appropriate officer in charge if issued to a vehicle of any other law enforcement agency.
2.18The certification must be on a form prescribed by the commissioner and state that the
2.19vehicle will be used exclusively for a purpose authorized by this section.
2.20    (d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
2.21fraud unit, in conducting seizures or criminal investigations must be registered and must
2.22display passenger vehicle classification license number plates, furnished at cost by the
2.23registrar. Original and renewal applications for these passenger vehicle license plates
2.24must be accompanied by a certification signed by the commissioner of revenue or the
2.25commissioner of labor and industry. The certification must be on a form prescribed by
2.26the commissioner and state that the vehicles will be used exclusively for the purposes
2.27authorized by this section.
2.28    (e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
2.29Department of Health must be registered and must display passenger vehicle classification
2.30license number plates. These plates must be furnished at cost by the registrar. Original
2.31and renewal applications for these passenger vehicle license plates must be accompanied
2.32by a certification signed by the commissioner of health. The certification must be on a
2.33form prescribed by the commissioner and state that the vehicles will be used exclusively
2.34for the official duties of the Division of Disease Prevention and Control.
2.35    (f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
2.36investigations and reviews must be registered and must display passenger vehicle
3.1classification license number plates. These plates must be furnished at cost by the
3.2registrar. Original and renewal applications for these passenger vehicle license plates must
3.3be accompanied by a certification signed by the board chair. The certification must be on a
3.4form prescribed by the commissioner and state that the vehicles will be used exclusively
3.5for the official duties of the Gambling Control Board.
3.6    (g) Each state hospital and institution for persons who are mentally ill and
3.7developmentally disabled may have one vehicle without the required identification on
3.8the sides of the vehicle. The vehicle must be registered and must display passenger
3.9vehicle classification license number plates. These plates must be furnished at cost by the
3.10registrar. Original and renewal applications for these passenger vehicle license plates must
3.11be accompanied by a certification signed by the hospital administrator. The certification
3.12must be on a form prescribed by the commissioner and state that the vehicles will be used
3.13exclusively for the official duties of the state hospital or institution.
3.14    (h) Each county social service agency may have vehicles used for child and
3.15vulnerable adult protective services without the required identification on the sides of the
3.16vehicle. The vehicles must be registered and must display passenger vehicle classification
3.17license number plates. These plates must be furnished at cost by the registrar. Original
3.18and renewal applications for these passenger vehicle license plates must be accompanied
3.19by a certification signed by the agency administrator. The certification must be on a form
3.20prescribed by the commissioner and state that the vehicles will be used exclusively for the
3.21official duties of the social service agency.
3.22    (g) (i) All other motor vehicles must be registered and display tax-exempt number
3.23plates, furnished by the registrar at cost, except as provided in subdivision 1c. All vehicles
3.24required to display tax-exempt number plates must have the name of the state department
3.25or political subdivision, nonpublic high school operating a driver education program, or
3.26licensed commercial driving school, or other qualifying organization or entity, plainly
3.27displayed on both sides of the vehicle; except that each state hospital and institution for
3.28persons who are mentally ill and developmentally disabled may have one vehicle without
3.29the required identification on the sides of the vehicle, and county social service agencies
3.30may have vehicles used for child and vulnerable adult protective services without the
3.31required identification on the sides of the vehicle. This identification must be in a color
3.32giving contrast with that of the part of the vehicle on which it is placed and must endure
3.33throughout the term of the registration. The identification must not be on a removable
3.34plate or placard and must be kept clean and visible at all times; except that a removable
3.35plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
3.36to a nonpublic high school driver education program.

4.1    Sec. 3. Minnesota Statutes 2006, section 168.012, is amended by adding a subdivision
4.2to read:
4.3    Subd. 2c. Spotter trucks. Spotter trucks, as defined in section 169.01, subdivision
4.47a, must not be taxed as motor vehicles using the public streets and highways, and are
4.5exempt from the provisions of this chapter.
4.6EFFECTIVE DATE.This section is effective the day following final enactment
4.7and expires June 30, 2013.

4.8    Sec. 4. Minnesota Statutes 2007 Supplement, section 168.017, subdivision 3, is
4.9amended to read:
4.10    Subd. 3. Exceptions. (a) The registrar shall register all vehicles subject to
4.11registration under the monthly series system for a period of 12 consecutive calendar
4.12months, unless:
4.13    (1) the application is an original rather than renewal application; or
4.14    (2) the application is for quarterly registration under section 168.018; or
4.15    (2) (3) the applicant is a licensed motor vehicle lessor under section 168.27 and the
4.16vehicle is leased or rented for periods of time of not more than 28 days , in which case
4.17the applicant may apply for initial or renewed registration of a vehicle for a period of
4.18four or more months, with the month of expiration to be designated by the applicant at
4.19the time of registration.
4.20    However, (b) To qualify for this the exemption under paragraph (a), clause (3), the
4.21applicant must (1) present the application to the registrar at St. Paul, or a designated
4.22deputy registrar office, and (2) stamp in red, on the certificate of title, the phrase "The
4.23expiration month of this vehicle is ....." with the blank filled in with the month of expiration
4.24as if the vehicle is being registered for a period of 12 calendar months.
4.25    (b) (c) In any instance except that of a licensed motor vehicle lessor, the registrar
4.26shall not approve registering the vehicle subject to the application for a period of less
4.27than three months, except when the registrar determines that to do otherwise will help to
4.28equalize the registration and renewal work load of the department.

4.29    Sec. 5. Minnesota Statutes 2006, section 168.018, is amended to read:
4.30168.018 QUARTERLY REGISTRATION OF FARM TRUCKS.
4.31    (a) The owner of any of the following vehicles may elect to register and license the
4.32vehicle only for one or more quarters of a registration year:
4.33    (1) any farm truck as defined in section 168.011, subdivision 17, or;
5.1    (2) a truck owned by a retailer who is engaged in the intrastate transportation of
5.2fertilizer or agricultural chemicals directly to a farm for on-farm use within a radius of 50
5.3miles of the retailer's business location, may elect to register and license the truck only for
5.4one or more quarters of a registration year, at a;
5.5    (3) a trailer registered at a gross vehicle weight of greater than 15,000 pounds; or
5.6    (4) a truck-tractor.
5.7    (b) The rate of tax of is one-fourth of the annual tax on the vehicle plus $5 for each
5.8quarterly registration. The owner may not apply for quarterly registration or renewal
5.9until seven days before the selected quarter or concurrent quarters. The expiration date
5.10of a registration shall be displayed on the license plate in such a manner as the registrar
5.11shall direct. No truck vehicle registered on a quarterly basis shall be operated on the
5.12public streets and highways more than ten days beyond the end of the quarter for which
5.13it is registered unless the registration has been renewed for another quarter or for the
5.14remainder of the registration year.
5.15    (b) (c) For purposes of this section registration quarters shall begin on March 1, June
5.161, September 1, and December 1.

5.17    Sec. 6. Minnesota Statutes 2006, section 168.021, subdivision 1, is amended to read:
5.18    Subdivision 1. Disability plates; application. (a) When a motor vehicle registered
5.19under section 168.017, a motorcycle, a truck having a manufacturer's nominal rated
5.20capacity of one ton and resembling a pickup truck, or a self-propelled recreational vehicle
5.21is owned or primarily operated by a permanently physically disabled person or a custodial
5.22parent or guardian of a permanently physically disabled minor, the owner may apply for
5.23and secure from the commissioner (1) immediately, a temporary permit valid for 30 days
5.24if the applicant is eligible for the disability plates issued under this section and (2) two
5.25disability plates with attached emblems, one plate to be attached to the front, and one
5.26to the rear of the motor vehicle.
5.27    (b) The commissioner shall not issue more than one set of plates to any owner of a
5.28motor vehicle at the same time unless all motor vehicles have been specifically modified
5.29for and are used exclusively by a permanently physically disabled person the state council
5.30on disability approves the issuance of a second set of plates to a motor vehicle owner.
5.31    (c) When the owner first applies for the disability plates, the owner must submit a
5.32medical statement in a format approved by the commissioner under section 169.345, or
5.33proof of physical disability provided for in that section.
6.1    (d) No medical statement or proof of disability is required when an owner of a motor
6.2vehicle applies for plates for one or more motor vehicles that are specially modified for
6.3and used exclusively by permanently physically disabled persons.
6.4    (e) The owner of a motor vehicle may apply for and secure (i) immediately, a permit
6.5valid for 30 days, if the applicant is eligible to receive the disability plates issued under
6.6this section, and (ii) a set of disability plates for a motor vehicle if:
6.7    (1) the owner employs a permanently physically disabled person who would qualify
6.8for disability plates under this section; and
6.9    (2) the owner furnishes the motor vehicle to the physically disabled person for the
6.10exclusive use of that person in the course of employment.

6.11    Sec. 7. Minnesota Statutes 2006, section 168.021, subdivision 2, is amended to read:
6.12    Subd. 2. Plate design; furnished by commissioner. The commissioner shall design
6.13and furnish two disability plates with attached emblems to each an eligible owner. The
6.14emblem must bear the internationally accepted wheelchair symbol, as designated in
6.15section 16B.61, subdivision 5, approximately three inches square. The emblem must
6.16be large enough to be visible plainly from a distance of 50 feet. An applicant eligible
6.17for disability plates shall pay the motor vehicle registration fee authorized by sections
6.18168.013 and 168.09.

6.19    Sec. 8. Minnesota Statutes 2006, section 168.09, subdivision 7, is amended to read:
6.20    Subd. 7. Display of temporary permit; special plates. (a) A vehicle that displays a
6.21special Minnesota plate issued under section 168.021; 168.12, subdivision 2, 2a, 2b, 2c, or
6.222d; 168.123; 168.124; 168.125; 168.126; 168.128; or 168.129, chapter 168 may display a
6.23temporary permit in conjunction with expired registration if:
6.24    (1) the current registration tax and all other fees and taxes have been paid in full; and
6.25    (2) the plate requires replacement under section 168.12, subdivision 1, paragraph
6.26(d), clause (3) has been applied for.
6.27    (b) A vehicle that is registered under section 168.10 may display a temporary permit
6.28in conjunction with expired registration, with or without a registration plate, if:
6.29    (1) the plates have been applied for and;
6.30    (2) the registration tax has and other fees and taxes have been paid in full, as
6.31provided for in section 168.10; and
6.32    (2) (3) either the vehicle is used solely as a collector vehicle while displaying the
6.33temporary permit and not used for general transportation purposes or the vehicle was
6.34issued a 21-day permit under section 168.092, subdivision 1.
7.1    (c) The permit is valid for a period of 60 days. The permit must be in a format
7.2prescribed by the commissioner and whenever practicable must be posted upon the
7.3driver's side of the rear window on the inside of the vehicle. The permit is valid only
7.4for the vehicle for which it was issued to allow a reasonable time for the new plates to
7.5be manufactured and delivered to the applicant. The permit may be only issued by the
7.6commissioner or by a deputy registrar under section 168.33.

7.7    Sec. 9. Minnesota Statutes 2006, section 168.185, is amended to read:
7.8168.185 USDOT NUMBERS.
7.9    (a) Except as provided in paragraph (d), an owner of a truck or truck-tractor having a
7.10gross vehicle weight of more than 10,000 pounds, as defined in section 169.01, subdivision
7.1146 , other than a farm truck that is not used in interstate commerce, shall report to the
7.12registrar commissioner at the time of registration its USDOT carrier number. A person
7.13subject to this paragraph who does not have a USDOT number shall apply for the number
7.14at the time of registration by completing a form MCS-150 Motor Carrier Identification
7.15Report, issued by the Federal Motor Carrier Safety Administration, or comparable
7.16document as determined by the registrar commissioner. The registrar commissioner shall
7.17not assign a USDOT carrier number to a vehicle owner who is not subject to this paragraph.
7.18    (b) Assigned USDOT numbers need not be displayed on the outside of the
7.19vehicle, but must be made available upon request of an authorized agent of the registrar
7.20commissioner, peace officer, other employees of the State Patrol authorized in chapter
7.21299D, or employees of the Minnesota Department of Transportation. The vehicle owner
7.22shall notify the registrar commissioner if there is a change to the owner's USDOT number.
7.23    (c) If an owner fails to report or apply for a USDOT number, the registrar
7.24commissioner shall suspend the owner's registration.
7.25    (d) Until October 1, 2003, paragraphs (a) to (c) do not apply to an agricultural
7.26fertilizer or agricultural chemical retailer while exclusively engaged in delivering fertilizer
7.27or agricultural chemicals to a farmer for on-farm use. This section does not apply to
7.28(1) a farm truck that is not used in interstate commerce, (2) a vehicle that is not used
7.29in intrastate commerce or interstate commerce, or (3) a vehicle that is owned and used
7.30solely in the transaction of official business by the federal government, the state, or any
7.31political subdivision.

7.32    Sec. 10. Minnesota Statutes 2006, section 168A.03, subdivision 1, is amended to read:
7.33    Subdivision 1. No certificate issued. The registrar shall not issue a certificate of
7.34title for:
7.35    (1) a vehicle owned by the United States;
8.1    (2) a vehicle owned by a nonresident and not required by law to be registered in
8.2this state;
8.3    (3) a vehicle owned by a nonresident and regularly engaged in the interstate
8.4transportation of persons or property for which a currently effective certificate of title
8.5has been issued in another state;
8.6    (4) a vehicle moved solely by animal power;
8.7    (5) an implement of husbandry;
8.8    (6) special mobile equipment;
8.9    (7) a self-propelled wheelchair or invalid tricycle;
8.10    (8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
8.11holds an interest in the trailer or a certificate of title was previously issued by this state or
8.12any other state or (ii) designed primarily for agricultural purposes except a recreational
8.13vehicle or a manufactured home, both as defined in section 168.011, subdivisions 8 and 25;
8.14    (9) a snowmobile.; and
8.15    (10) a spotter truck, as defined in section 169.01, subdivision 7a.
8.16EFFECTIVE DATE.This section is effective the day following final enactment
8.17and expires June 30, 2013.

8.18    Sec. 11. Minnesota Statutes 2006, section 168A.05, subdivision 9, is amended to read:
8.19    Subd. 9. Neighborhood electric vehicle and medium-speed electric vehicles;
8.20certificate required. Neighborhood electric vehicles and medium-speed electric vehicles,
8.21as defined in section 169.01, subdivision subdivisions 91 and 94, must be titled as
8.22specified in section 168A.02. The department shall not issue a title for a neighborhood
8.23electric vehicle or a medium-speed electric vehicle (1) that lacks a vehicle identification
8.24number, and (2) for which a manufacturer's certificate of origin clearly labeling the
8.25vehicle as a neighborhood electric vehicle or similar designation has not been issued. The
8.26department shall not issue a vehicle identification number to a homemade neighborhood
8.27electric or low-speed vehicle or retrofitted golf cart, and such vehicles do not qualify as
8.28neighborhood electric vehicles.

8.29    Sec. 12. Minnesota Statutes 2006, section 168B.051, subdivision 2, is amended to read:
8.30    Subd. 2. Sale after 45 days or title transfer. An (a) If an unauthorized vehicle is
8.31impounded, other than by the city of Minneapolis or the city of St. Paul, the impounded
8.32vehicle is eligible for disposal or sale under section 168B.08, the earlier of:
9.1    (1) 45 days after notice to the owner, if the vehicle is determined to be an
9.2unauthorized vehicle that was not impounded by the city of Minneapolis or the city of
9.3St. Paul; or
9.4    (2) the date of a voluntary written title transfer by the registered owner to the
9.5impound lot operator.
9.6    (b) A voluntary written title transfer constitutes a waiver by the registered owner of
9.7any right, title, and interest in the vehicle.

9.8    Sec. 13. Minnesota Statutes 2006, section 168B.06, subdivision 1, is amended to read:
9.9    Subdivision 1. Contents; Written notice given within five days of impound. (a)
9.10When an impounded vehicle is taken into custody, the unit of government or impound lot
9.11operator taking it into custody shall give written notice of the taking within five days to
9.12the registered vehicle owner and any lienholders.
9.13    (b) The notice shall must:
9.14    (1) set forth the date and place of the taking,;
9.15    (2) provide the year, make, model, and serial number of the impounded motor
9.16vehicle, if such information can be reasonably obtained, and the place where the vehicle
9.17is being held,;
9.18    (2) (3) inform the owner and any lienholders of their right to reclaim the vehicle
9.19under section 168B.07, and;
9.20    (3) (4) state that failure of the owner or lienholders to:
9.21    (i) exercise their right to reclaim the vehicle and contents within the appropriate time
9.22allowed under section 168B.051, subdivision 1, 1a, or 2, shall be deemed and under the
9.23conditions set forth in section 168B.07, subdivision 1, constitutes a waiver by them of all
9.24right, title, and interest in the vehicle and contents and a consent to the transfer of title to
9.25and disposal or sale of the vehicle and contents pursuant to section 168B.08; or
9.26    (ii) exercise their right to reclaim the contents of the vehicle within the appropriate
9.27time allowed and under the conditions set forth in section 168B.07, subdivision 3,
9.28constitutes a waiver by them of all right, title, and interest in the contents and consent to
9.29sell or dispose of the contents under section 168B.08; and
9.30    (5) state that a vehicle owner who provides to the impound lot operator
9.31documentation from a government or nonprofit agency or legal aid office that the owner
9.32is homeless, receives relief based on need, is eligible for legal aid services, or has a
9.33household income at or below 50 percent of state median income has the unencumbered
9.34right to retrieve any and all contents without charge.

9.35    Sec. 14. Minnesota Statutes 2006, section 168B.06, subdivision 3, is amended to read:
10.1    Subd. 3. Unauthorized vehicle; second notice. If an unauthorized vehicle remains
10.2unclaimed after 30 days from the date the notice was sent under subdivision 2, a second
10.3notice shall must be sent by certified mail, return receipt requested, to the registered owner,
10.4if any, of the unauthorized vehicle and to all readily identifiable lienholders of record.

10.5    Sec. 15. Minnesota Statutes 2006, section 168B.07, is amended by adding a
10.6subdivision to read:
10.7    Subd. 3. Retrieval of contents. (a) For purposes of this subdivision:
10.8    (1) "contents" does not include any permanently affixed mechanical or
10.9nonmechanical automobile parts; automobile body parts; or automobile accessories,
10.10including audio or video players; and
10.11    (2) "relief based on need" includes, but is not limited to, receipt of MFIP
10.12and Diversionary Work Program, medical assistance, general assistance, general
10.13assistance medical care, emergency general assistance, Minnesota supplemental aid,
10.14MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy
10.15assistance, emergency assistance, Food Stamps, earned income tax credit, or Minnesota
10.16working family tax credit.
10.17    (b) A unit of government or impound lot operator shall establish reasonable
10.18procedures for retrieval of vehicle contents, and may establish reasonable procedures to
10.19protect the safety and security of the impound lot and its personnel.
10.20    (c) At any time before the expiration of the waiting periods provided in section
10.21168B.051, a registered owner who provides documentation from a government or
10.22nonprofit agency or legal aid office that the registered owner is homeless, receives relief
10.23based on need, is eligible for legal aid services, or has a household income at or below 50
10.24percent of state median income has the unencumbered right to retrieve any and all contents
10.25without charge and regardless of whether the registered owner pays incurred charges or
10.26fees, transfers title, or reclaims the vehicle.
10.27    (d) At any time before the expiration of the waiting periods provided in section
10.28168B.051, a registered owner other than a registered owner described in paragraph (c)
10.29has the unencumbered right to retrieve the following contents: medicine; medical-related
10.30items and equipment; clothing; eyeglasses; educational materials; and legal documents,
10.31including, but not limited to, a driver's license, identification, passports, insurance
10.32documents, any other documents related to a pending or concluded judicial or
10.33administrative proceeding, tax returns, and documents indicating receipt of or eligibility
10.34for public benefit programs. This provision does not prohibit the return of other contents
10.35at the discretion of the impound lot operator.
11.1    (e) An impound lot operator is not required to return any contents to a person who is
11.2not the registered owner of the impounded vehicle, other than legal documents. Legal
11.3documents include, but are not limited to, driver's license, identification, passports,
11.4insurance documents, any other documents related to a pending or concluded judicial or
11.5administrative proceeding, and tax returns. An impound lot operator is not required to
11.6return any contents to a person who is not the registered owner after the expiration of
11.7the waiting periods provided in section 168B.051, or if the registered owner voluntarily
11.8transfers title to the impound lot operator under section 168B.051, subdivision 2.

11.9    Sec. 16. Minnesota Statutes 2006, section 168B.07, is amended by adding a
11.10subdivision to read:
11.11    Subd. 4. Waiver of rights. The failure of the registered owner or lienholders to
11.12exercise the right to reclaim the vehicle before the expiration of the waiting periods
11.13provided under section 168B.051 constitutes a waiver of all right, title, and interest in
11.14the vehicle and a consent to the transfer of title to, and disposal or sale of, the vehicle
11.15under section 168B.08. The failure of the registered owner to exercise the right provided
11.16under subdivision 3 constitutes a waiver of all right, title, and interest in the contents and
11.17a consent to the transfer of title to, and disposal or sale of, the contents under section
11.18168B.08.

11.19    Sec. 17. Minnesota Statutes 2006, section 168B.08, subdivision 1, is amended to read:
11.20    Subdivision 1. Auction or sale. (a) If an abandoned or unauthorized vehicle and
11.21contents taken into custody by a unit of government or any impound lot is not reclaimed
11.22under section 168B.07, subdivision 1, it may be disposed of or sold at auction or sale when
11.23eligible pursuant to sections 168B.06 and 168B.07. If the contents of an abandoned or
11.24unauthorized vehicle taken into custody by a unit of government or any impound lot is not
11.25reclaimed under section 168B.07, subdivision 3, it may be disposed of or sold at auction
11.26or sale when eligible pursuant to sections 168B.06 and 168B.07.
11.27    (b) The purchaser shall be given a receipt in a form prescribed by the registrar of
11.28motor vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall
11.29also entitle the purchaser to register the vehicle and receive a certificate of title, free and
11.30clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate
11.31of title it must receive a motor vehicle safety check.

11.32    Sec. 18. Minnesota Statutes 2006, section 168B.087, subdivision 1, is amended to read:
11.33    Subdivision 1. Deficiency claim. (a) The nonpublic impound lot operator has a
11.34deficiency claim against the registered owner of the vehicle for the reasonable costs of
12.1services provided in the towing, storage, and inspection of the vehicle minus the proceeds
12.2of the sale or auction, except as provided in paragraph (c).
12.3    (b) The claim for storage costs may not exceed the costs of:
12.4    (1) 25 days storage, for a vehicle described in section 168B.051, subdivision 1; and
12.5    (2) 15 days storage, for a vehicle described in section 168B.051, subdivision 1a; and
12.6    (3) 55 days storage, for a vehicle described in section 168B.051, subdivision 2.
12.7    (c) A public impound lot operator is prohibited from:
12.8    (1) filing a deficiency claim against a registered owner whom the operator knows:
12.9    (i) is homeless;
12.10    (ii) receives relief based on need, as defined in section 168B.07; or
12.11    (iii) has a household income at or below 50 percent of state median income; or
12.12    (2) recovering a deficiency from a registered owner who demonstrates that the
12.13owner, at the time the deficiency claim was filed:
12.14    (i) was homeless;
12.15    (ii) received relief based on need, as defined in section 168B.07; or
12.16    (iii) had a household income at or below 50 percent of state median income.

12.17    Sec. 19. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
12.18to read:
12.19    Subd. 7a. Spotter truck. "Spotter truck" means a truck-tractor with a manufacturer's
12.20certificate of origin "not for on road use" specification, used exclusively for staging or
12.21shuttling trailers in the course of a truck freight operation or freight shipping operation.
12.22EFFECTIVE DATE.This section is effective the day following final enactment
12.23and expires June 30, 2013.

12.24    Sec. 20. Minnesota Statutes 2006, section 169.01, subdivision 55, is amended to read:
12.25    Subd. 55. Implement of husbandry. "Implement of husbandry" has the meaning
12.26given in section 168A.01, subdivision 8 means a self-propelled or towed vehicle designed
12.27or adapted to be used exclusively for timber-harvesting, agricultural, horticultural, or
12.28livestock-raising operations.

12.29    Sec. 21. Minnesota Statutes 2006, section 169.01, subdivision 75, is amended to read:
12.30    Subd. 75. Commercial motor vehicle. (a) "Commercial motor vehicle" means a
12.31motor vehicle or combination of motor vehicles used to transport passengers or property if
12.32the motor vehicle:
12.33    (1) has a gross vehicle weight of more than 26,000 pounds;
13.1    (2) has a towed unit with a gross vehicle weight of more than 10,000 pounds and the
13.2combination of vehicles has a combined gross vehicle weight of more than 26,000 pounds;
13.3    (3) is a bus;
13.4    (4) is of any size and is used in the transportation of hazardous materials that are
13.5required to be placarded under Code of Federal Regulations, title 49, parts 100-185; or
13.6    (5) is outwardly equipped and identified as a school bus, except for type A-I and
13.7type III school buses as defined in subdivision 6.
13.8    (b) For purposes of chapter 169A:
13.9    (1) a commercial motor vehicle does not include a farm truck, an authorized
13.10emergency vehicle, or a recreational vehicle being operated by a person within the scope
13.11of section 171.02, subdivision 2, paragraph (b); and
13.12    (2) a commercial motor vehicle includes a vehicle capable of or designed to meet the
13.13standards described in paragraph (a), clause (2), whether or not the towed unit is attached
13.14to the truck-tractor at the time of the violation or stop.

13.15    Sec. 22. Minnesota Statutes 2006, section 169.01, subdivision 76, is amended to read:
13.16    Subd. 76. Hazardous materials. "Hazardous materials" means those materials
13.17found to be hazardous for the purposes of the federal Hazardous Materials Transportation
13.18Act and that require the motor vehicle any material that has been designated as hazardous
13.19under United States Code, title 49, section 5103, and is required to be placarded under
13.20Code of Federal Regulations, title 49, parts 100-185 part 172, subpart F, or any quantity of
13.21a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73.

13.22    Sec. 23. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
13.23to read:
13.24    Subd. 93. Wireless communications device. "Wireless communications device"
13.25means (1) a cellular phone, or (2) a portable electronic device that is capable of receiving
13.26and transmitting data, including but not limited to text messages and e-mail, without an
13.27access line for service. A wireless communications device does not include a device that
13.28is permanently affixed to the vehicle, including a global positioning system or navigation
13.29system.

13.30    Sec. 24. Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
13.31to read:
13.32    Subd. 94. Medium-speed electric vehicle. "Medium-speed electric vehicle"
13.33means an electrically powered four-wheeled motor vehicle, equipped with a roll cage or
13.34crushproof body design, that can attain a maximum speed of 35 miles per hour on a paved
14.1level surface, is fully enclosed and has at least one door for entry, has a wheelbase of 40
14.2inches or greater and a wheel diameter of ten inches or greater, and except with respect to
14.3maximum speed otherwise meets or exceeds regulations in Code of Federal Regulations,
14.4title 49, section 571.500, and successor requirements.

14.5    Sec. 25. Minnesota Statutes 2006, section 169.18, subdivision 1, is amended to read:
14.6    Subdivision 1. Keep to the right. Upon all roadways of sufficient width a vehicle
14.7shall be driven upon the right half of the roadway, except as follows:
14.8    (1) when overtaking and passing another vehicle proceeding in the same direction
14.9under the rules governing such movement;
14.10    (2) when the right half of a roadway is closed to traffic while under construction
14.11or repair;
14.12    (3) upon a roadway divided into three marked lanes for traffic under the rules
14.13applicable thereon;
14.14    (4) upon a roadway designated and signposted for one-way traffic as a one-way
14.15roadway; or
14.16    (5) as necessary to comply with subdivision 11 when approaching an authorized
14.17emergency vehicle parked or stopped on the roadway.; or
14.18    (6) as necessary to comply with subdivision 12 when approaching a road
14.19maintenance or construction vehicle parked or stopped on the roadway.

14.20    Sec. 26. Minnesota Statutes 2006, section 169.18, subdivision 5, is amended to read:
14.21    Subd. 5. Driving left of roadway center; exception. (a) No vehicle shall be driven
14.22to the left side of the center of the roadway in overtaking and passing another vehicle
14.23proceeding in the same direction unless such left side is clearly visible and is free of
14.24oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to
14.25be completely made without interfering with the safe operation of any vehicle approaching
14.26from the opposite direction or any vehicle overtaken. In every event the overtaking
14.27vehicle must return to the right-hand side of the roadway before coming within 100 feet
14.28of any vehicle approaching from the opposite direction.
14.29    (b) Except on a one-way roadway or as provided in paragraph (c), no vehicle shall,
14.30in overtaking and passing another vehicle or at any other time, be driven to the left half of
14.31the roadway under the following conditions:
14.32    (1) when approaching the crest of a grade or upon a curve in the highway where the
14.33driver's view along the highway is obstructed within a distance of 700 feet;
15.1    (2) when approaching within 100 feet of any underpass or tunnel, railroad grade
15.2crossing, intersection within a city, or intersection outside of a city if the presence of the
15.3intersection is marked by warning signs; or
15.4    (3) where official signs are in place prohibiting passing, or a distinctive centerline
15.5is marked, which distinctive line also so prohibits passing, as declared in the Manual on
15.6Uniform Traffic Control Devices adopted by the commissioner.
15.7    (c) Paragraph (b) does not apply to a self-propelled or towed implement of
15.8husbandry that (1) is escorted at the front by a registered motor vehicle that is displaying
15.9vehicular hazard warning lights visible to the front and rear in normal sunlight, and (2)
15.10does not extend into the left half of the roadway to any greater extent than made necessary
15.11by the total width of the right half of the roadway together with any adjacent shoulder
15.12that is suitable for travel.
15.13    (d) Paragraph (b) does not apply to a self-propelled or towed implement of
15.14husbandry that is operated to the left half of the roadway if such operation is not to a
15.15greater extent than is necessary to avoid collision with a parked vehicle, sign, or other
15.16stationary object located on the highway right-of-way.

15.17    Sec. 27. Minnesota Statutes 2006, section 169.18, is amended by adding a subdivision
15.18to read:
15.19    Subd. 12. Passing certain parked vehicles; citation; probable cause. (a) When
15.20approaching and before passing a freeway service patrol, road maintenance, or construction
15.21vehicle with its warning lights activated that is parked or otherwise stopped on or next to
15.22a street or highway having two lanes in the same direction, the driver of a vehicle shall
15.23safely move the vehicle to the lane farthest away from the vehicle, if it is possible to do so.
15.24    (b) When approaching and before passing a freeway service patrol, road
15.25maintenance, or construction vehicle with its warning lights activated that is parked or
15.26otherwise stopped on or next to a street or highway having more than two lanes in the
15.27same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full
15.28lane vacant between the driver and any lane in which the vehicle is completely or partially
15.29parked or otherwise stopped, if it is possible to do so.
15.30    (c) A peace officer may issue a citation to the driver of a motor vehicle if the peace
15.31officer has probable cause to believe that the driver has operated the vehicle in violation of
15.32this subdivision within the four-hour period following the termination of the incident.

15.33    Sec. 28. Minnesota Statutes 2006, section 169.224, is amended to read:
15.34169.224 NEIGHBORHOOD AND MEDIUM-SPEED ELECTRIC VEHICLES.
16.1    Subdivision 1. Definition. For purposes of this section, "road authority" means the
16.2commissioner, as to trunk highways; the county board, as to county state-aid highways
16.3and county highways; the town board, as to town roads; and the governing body of
16.4a city, as to city streets.
16.5    Subd. 2. Required equipment. Notwithstanding any other law, a neighborhood
16.6electric vehicle or a medium-speed electric vehicle may be operated on public streets and
16.7highways if it meets all equipment and vehicle safety requirements in Code of Federal
16.8Regulations, title 49, section 571.500, and successor requirements.
16.9    Subd. 3. Operation. A neighborhood electric vehicle or a medium-speed electric
16.10vehicle may not be operated on a street or highway with a speed limit greater than 35 miles
16.11per hour, except to make a direct crossing of that street or highway.
16.12    Subd. 4. Restrictions and prohibitions. (a) A road authority, including the
16.13commissioner of transportation by order, may prohibit or further restrict the operation
16.14of neighborhood electric vehicles and medium-speed electric vehicles on any street or
16.15highway under the road authority's jurisdiction.
16.16    (b) Neither a neighborhood electric vehicle nor a medium-speed electric vehicle may
16.17not be used to take any examination to demonstrate ability to exercise control in the
16.18operation of a motor vehicle as required under section 171.13.

16.19    Sec. 29. [169.228] SPOTTER TRUCKS.
16.20    Notwithstanding any other law, a spotter truck may be operated on public streets
16.21and highways if:
16.22    (1) the operator has a valid class A, B, or C driver's license;
16.23    (2) the vehicle complies with the size, weight, and load restrictions under this
16.24chapter;
16.25    (3) the vehicle meets all inspection requirements under section 169.781; and
16.26    (4) the vehicle is operated within a zone of two air miles from the truck freight
16.27operation or freight shipping operation where the vehicle is housed.
16.28EFFECTIVE DATE.This section is effective the day following final enactment
16.29and expires June 30, 2013.

16.30    Sec. 30. Minnesota Statutes 2007 Supplement, section 169.443, subdivision 9, is
16.31amended to read:
16.32    Subd. 9. Personal cellular phone call prohibition. (a) As used in this subdivision,
16.33"school bus" has the meaning given in section 169.01, subdivision 6. In addition, the term
17.1includes type III school buses as described in section 169.01, subdivision 6, clause (5),
17.2when driven by employees or agents of school districts for transportation.
17.3    (b) A school bus driver may not operate a school bus while communicating over, or
17.4otherwise operating, a cellular phone for personal reasons, whether hand-held or hands
17.5free, when the vehicle is in motion.
17.6EFFECTIVE DATE.This section is effective August 1, 2008, and applies to crimes
17.7committed on or after that date.

17.8    Sec. 31. Minnesota Statutes 2006, section 169.448, subdivision 1, is amended to read:
17.9    Subdivision 1. Restrictions on appearance; misdemeanor. (a) A bus that is not
17.10used as a school bus may not be operated on a street or highway unless it is painted a color
17.11significantly different than national school bus glossy yellow.
17.12    (b) A bus that is not used as a school bus or Head Start bus may not be operated if it
17.13is equipped with school bus or Head Start bus-related equipment and printing.
17.14    (c) A violation of this subdivision is a misdemeanor.
17.15    (d) This subdivision does not apply to a school bus owned by or under contract to a
17.16school district operated as a charter or leased bus.
17.17    (e) This subdivision does not apply to a school bus operated by a licensed child
17.18care provider if:
17.19    (1) the stop arm is removed;
17.20    (2) the eight-light system is deactivated;
17.21    (3) the school bus is identified as a "child care bus" in letters at least eight inches
17.22high on the front and rear top of the bus; and
17.23    (4) the name, address, and telephone number of the owner or operator of the bus is
17.24identified on each front door of the bus in letters not less than three inches high; and.
17.25    (5) the conditions under section 171.02, subdivision 2a, paragraph (b), clauses (1)
17.26through (10), (12), and (14), have been met.

17.27    Sec. 32. [169.475] USE OF WIRELESS COMMUNICATIONS DEVICE.
17.28    Subdivision 1. Definition. For purposes of this section, "electronic message"
17.29means a self-contained piece of digital communication that is designed or intended to
17.30be transmitted between physical devices. An electronic message includes, but is not
17.31limited to, e-mail, a text message, an instant message, a command or request to access
17.32a World Wide Web page, or other data that uses a commonly recognized electronic
17.33communications protocol. An electronic message does not include voice or other data
18.1transmitted as a result of making a phone call, or data transmitted automatically by a
18.2wireless communications device without direct initiation by a person.
18.3    Subd. 2. Prohibition on use. No person may operate a motor vehicle while using a
18.4wireless communications device to compose, read, or send an electronic message, when
18.5the vehicle is in motion or a part of traffic.
18.6    Subd. 3. Exceptions. This section does not apply if a wireless communications
18.7device is used:
18.8    (1) solely in a voice-activated or other hands-free mode;
18.9    (2) for making a cellular phone call;
18.10    (3) for obtaining emergency assistance to (i) report a traffic accident, medical
18.11emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;
18.12    (4) in the reasonable belief that a person's life or safety is in immediate danger; or
18.13    (5) in an authorized emergency vehicle while in the performance of official duties.

18.14    Sec. 33. Minnesota Statutes 2006, section 169.67, subdivision 3, is amended to read:
18.15    Subd. 3. Trailer, semitrailer. (a) No trailer or semitrailer with a gross vehicle
18.16weight of 3,000 or more pounds, or a gross weight that exceeds the empty weight of the
18.17towing vehicle, may be drawn on a highway unless it is equipped with brakes that are
18.18adequate to control the movement of and to stop and hold the trailer or semitrailer. A
18.19surge brake on a trailer or semitrailer meets the requirement of this paragraph for brakes
18.20adequate to stop and hold the trailer or semitrailer.
18.21    (b) No trailer or semitrailer that is required to have brakes and that has with a gross
18.22vehicle weight of more than 6,000 3,000 pounds may be drawn on a highway unless it is
18.23equipped with brakes that are so constructed that they are adequate to stop and hold the
18.24trailer or semitrailer whenever it becomes detached from the towing vehicle.
18.25    (c) Except as provided in paragraph (d), paragraph (a) does not apply to:
18.26    (1) a trailer used by a farmer while transporting farm products produced on the user's
18.27farm, or supplies back to the farm of the trailer's user;
18.28    (2) a towed custom service vehicle drawn by a motor vehicle that is equipped with
18.29brakes that meet the standards of subdivision 5, provided that such a towed custom service
18.30vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more
18.31than 45 miles per hour;
18.32    (3) a trailer or semitrailer operated or used by retail dealers of implements of
18.33husbandry while engaged exclusively in the delivery of implements of husbandry;
18.34    (4) (2) a motor vehicle drawn by another motor vehicle that is equipped with brakes
18.35that meet the standards of subdivision 5; and
19.1    (5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor
19.2of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous
19.3fertilizer under pressure;
19.4    (6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of
19.5dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and
19.6    (7) (3) a disabled vehicle while being towed to a place of repair.
19.7    (d) Vehicles described in paragraph (c), clauses (1), (3), and (4) clause (2), may be
19.8operated without complying with paragraph (a) only if the trailer or semitrailer does
19.9not exceed the following gross weights:
19.10    (1) 3,000 pounds while being drawn by a vehicle registered as a passenger
19.11automobile, other than a pickup truck as defined in section 168.011, subdivision 29;
19.12    (2) 12,000 pounds while being drawn by any other motor vehicle except a
19.13self-propelled implement of husbandry.

19.14    Sec. 34. Minnesota Statutes 2006, section 169.781, subdivision 1, is amended to read:
19.15    Subdivision 1. Definitions. For purposes of sections 169.781 to 169.783:
19.16    (a) "Commercial motor vehicle" means:
19.17    (1) a commercial motor vehicle as defined in section 169.01, subdivision 75,
19.18paragraph (a); and
19.19    (2) each vehicle in a combination of more than 26,000 pounds.; and
19.20    (3) a spotter truck.
19.21"Commercial motor vehicle" does not include (1) a school bus or Head Start bus
19.22displaying a certificate under section 169.451, (2) a bus operated by the Metropolitan
19.23Council or by a local transit commission created in chapter 458A, or (3) a motor vehicle
19.24that is required to be placarded under Code of Federal Regulations, title 49, parts 100-185.
19.25    (b) "Commissioner" means the commissioner of public safety.
19.26    (c) "Owner" means a person who owns, or has control, under a lease of more than 30
19.27days' duration, of one or more commercial motor vehicles.
19.28    (d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store
19.29property at a location not on a street or highway, (2) does not contain any load when
19.30moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked
19.31on each side of the semitrailer "storage only" in letters at least six inches high.
19.32    (e) "Building mover vehicle" means a vehicle owned or leased by a building mover
19.33as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for
19.34moving buildings.
20.1EFFECTIVE DATE.This section is effective the day following final enactment
20.2and expires June 30, 2013.

20.3    Sec. 35. Minnesota Statutes 2006, section 169.781, subdivision 2, is amended to read:
20.4    Subd. 2. Inspection required. It is unlawful for a person to operate or permit
20.5the operation of:
20.6    (1) a commercial motor vehicle registered in Minnesota or a spotter truck; or
20.7    (2) special mobile equipment as defined in section 168.011, subdivision 22, and
20.8which is self-propelled, if it is mounted on a commercial motor vehicle chassis,
20.9unless the vehicle displays a valid safety inspection decal issued by an inspector certified
20.10by the commissioner, or the vehicle carries (1) proof that the vehicle complies with
20.11federal motor vehicle inspection requirements for vehicles in interstate commerce, and
20.12(2) a certificate of compliance with federal requirements issued by the commissioner
20.13under subdivision 9.
20.14EFFECTIVE DATE.This section is effective the day following final enactment
20.15and expires on June 30, 2013.

20.16    Sec. 36. Minnesota Statutes 2006, section 169.781, subdivision 5, is amended to read:
20.17    Subd. 5. Inspection decal; violation, penalty. (a) A person inspecting a
20.18commercial motor vehicle shall issue an inspection decal for the vehicle if each inspected
20.19component of the vehicle complies with federal motor carrier safety regulations. The decal
20.20must state that in the month specified on the decal the vehicle was inspected and each
20.21inspected component complied with federal motor carrier safety regulations. The decal is
20.22valid for 12 months after the month specified on the decal. The commissioners of public
20.23safety and transportation shall make decals available, at a fee of not more than $2 for each
20.24decal, to persons certified to perform inspections under subdivision 3, paragraph (b).
20.25    (b) Minnesota inspection decals may be affixed only to:
20.26    (1) commercial motor vehicles bearing Minnesota-based license plates; or
20.27    (2) special mobile equipment, within the meaning of subdivision 2, clause (2).
20.28    (c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less
20.29than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage
20.30semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle
20.31unless the vehicle has one or more defects that would result in the vehicle being declared
20.32out of service under the North American Uniform Driver, Vehicle, and Hazardous
20.33Materials Out-of-Service Criteria issued by the Federal Highway Administration and the
20.34Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1),
21.1(2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle
21.2must clearly indicate that it is valid for two years from the date of issuance.
21.3    (d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered
21.4as a farm truck, (2) is not operated more than 75 miles from the owner's home post office,
21.5and (3) was manufactured before 1979 that has a dual transmission system, is not required
21.6to comply with a requirement in an inspection standard that requires that the service brake
21.7system and parking brake system be separate systems in the motor vehicle.
21.8    (e) A person who, with the intent to defraud, falsely makes, duplicates, alters, or
21.9forges a decal or other writing or thing purporting to be a Minnesota inspection decal
21.10described in this subdivision is guilty of a felony. A person who, with the intent to defraud,
21.11possesses a decal or other writing or thing falsely purporting to be a Minnesota inspection
21.12decal described in this subdivision is guilty of a gross misdemeanor.

21.13    Sec. 37. Minnesota Statutes 2006, section 169.79, is amended to read:
21.14169.79 VEHICLE REGISTRATION; DISPLAYING LICENSE PLATES.
21.15    Subdivision 1. Registration required. No person shall operate, drive, or park a
21.16motor vehicle on any highway unless the vehicle is registered in accordance with the laws
21.17of this state and has the number plates or permit confirming that valid registration or
21.18operating authority has been obtained, except as provided in sections 168.10 and 168.12,
21.19subdivision 2f , as assigned to it by the commissioner of public safety, conspicuously
21.20displayed thereon in a manner that the view of any plate or permit is not obstructed. A
21.21plate issued under section 168.27 or a permit issued under chapter 168 may be displayed
21.22on a vehicle in conjunction with expired registration whether or not it displays the license
21.23plate to which the last registration was issued.
21.24    Subd. 2. Semitrailer. If the vehicle is a semitrailer, the number plate displayed must
21.25be assigned to the registered owner and correlate to the certificate of title documentation
21.26on file with the department and shall not display a year indicator.
21.27    Subd. 3. Rear display of single plate. If the vehicle is a motorcycle, motor scooter,
21.28motorized bicycle, motorcycle sidecar, trailer registered at greater than 3,000 pounds
21.29gross vehicle weight (GVW), semitrailer, or vehicle displaying a dealer plate, then one
21.30license plate must be displayed horizontally with the identifying numbers and letters
21.31facing outward from the vehicle and must be mounted in the upright position on the
21.32rear of the vehicle.
21.33    Subd. 3a. Small trailer. If the vehicle is a trailer with 3,000 pounds or less GVW
21.34with lifetime registration, the numbered plate or sticker must be adhered to the side of the
21.35trailer frame tongue near the hitch.
22.1    Subd. 4. Collector's vehicle. If the vehicle is (1) a collector's vehicle with a pioneer,
22.2classic car, collector, or street rod license; (2) a vehicle that meets the requirements
22.3of a pioneer, classic, or street rod vehicle except that the vehicle is used for general
22.4transportation purposes; or (3) a vehicle that is of model year 1972 or earlier, not registered
22.5under section 168.10, subdivision 1c, and is used for general transportation purposes, then
22.6one plate must be displayed on the rear of the vehicle, or one plate on the front and one
22.7on the rear, at the discretion of the owner.
22.8    Subd. 5. Truck-tractor, road-tractor, or farm truck. If the vehicle is a
22.9truck-tractor, road-tractor, or farm truck, as defined in section 168.011, subdivision 17, but
22.10excluding from that definition semitrailers and trailers, then one plate must be displayed
22.11on the front of the vehicle.
22.12    Subd. 6. Other motor vehicles. If the motor vehicle is any kind of motor vehicle
22.13other than those provided for in subdivisions 2 to 4, one plate must be displayed on the
22.14front and one on the rear of the vehicle.
22.15    Subd. 7. Plate fastened and visible. All plates must be (1) securely fastened so as
22.16to prevent them from swinging, (2) displayed horizontally with the identifying numbers
22.17and letters facing outward from the vehicle, and (3) mounted in the upright position. The
22.18person driving the motor vehicle shall keep the plate legible and unobstructed and free
22.19from grease, dust, or other blurring material so that the lettering is plainly visible at all
22.20times. It is unlawful to cover any assigned letters and numbers or the name of the state
22.21of origin of a license plate with any material whatever, including any clear or colorless
22.22material that affects the plate's visibility or reflectivity.
22.23    Subd. 8. Plate registration stickers. As viewed facing the plates:
22.24    (a) License plates issued to vehicles registered under section 168.017 must display
22.25the month of expiration in the lower left corner as viewed facing the of each plate and the
22.26year of expiration in the lower right corner as viewed facing the of each plate.
22.27    (b) License plates issued to vehicles registered under section 168.127 must display
22.28either fleet registration validation stickers in the lower right corner as viewed facing the
22.29plates of each plate or distinctive license plates, issued by the registrar, with "FLEET
22.30REG" displayed on the bottom center portion of the each plate.
22.31    (c) License plates issued after July 1, 2008, requiring validation must display the
22.32month of expiration in the lower left corner of each plate and the year of expiration in the
22.33lower right corner of the plate.
23.1    Subd. 9. Tax-exempt vehicle marking. Vehicles displaying tax-exempt plates
23.2issued under section 16B.581 or 168.012 must have vehicle markings that comply with
23.3section 168.012, subdivision 1.

23.4    Sec. 38. Minnesota Statutes 2006, section 169.801, is amended to read:
23.5169.801 IMPLEMENT OF HUSBANDRY.
23.6    Subdivision 1. Exemption from size, weight, load provisions. Except as provided
23.7in this section and section 169.82, the provisions of sections 169.80 to 169.88 that govern
23.8size, weight, and load do not apply to:
23.9    (1) a horse-drawn wagon while carrying a load of loose straw or hay;
23.10    (2) a specialized vehicle resembling a low-slung trailer having a short bed or
23.11platform, while transporting one or more implements of husbandry; or
23.12    (3) an implement of husbandry while being driven or towed at a speed of not
23.13more than 30 miles per hour; provided that this exemption applies to an implement of
23.14husbandry owned, leased, or under the control of a farmer or implement dealer only
23.15while the implement of husbandry is being operated on noninterstate roads or highways
23.16within 75 miles of any farmland or implement dealership: (i) owned, leased, or operated
23.17by the farmer or implement dealer and (ii) on which the farmer or implement dealer
23.18regularly uses or sells or leases the implement of husbandry while operated in compliance
23.19with this section.
23.20    Subd. 2. Weight per inch of tire width restrictions. (a) An implement of
23.21husbandry that is not self-propelled and is equipped with pneumatic tires may not be
23.22operated on a public highway with a maximum wheel load that exceeds 600 pounds
23.23per inch of tire width before August 1, 1996, and 500 pounds per inch of tire width on
23.24and after August 1, 1996.
23.25    (b) After December 31, 2009, a person operating or towing an implement of
23.26husbandry on a bridge must comply with the gross weight limitations provided in section
23.27169.824.
23.28    Subd. 3. Hitches. A towed implement of husbandry must be equipped with (1)
23.29safety chains that meet the requirements of section 169.82, subdivision 3, paragraph
23.30(b); (2) a regulation fifth wheel and kingpin assembly approved by the commissioner of
23.31public safety; or (3) a hitch pin or other hitching device with a retainer that prevents
23.32accidental unhitching.
23.33    Subd. 4. Bridge posting. Despite subdivision 2, a person operating or towing
23.34an implement of husbandry must comply with a sign that limits the maximum weight
23.35allowed on a bridge.
24.1    Subd. 5. Height and width. A person operating, towing, or transporting an
24.2implement of husbandry that is higher than 13 feet six inches or wider than allowed under
24.3section 169.80, subdivision 2, must ensure that the operation or transportation does not
24.4damage a highway structure, utility line or structure, or other fixture adjacent to or over
24.5a public highway.
24.6    Subd. 6. Speed. No person may operate or tow an implement of husbandry at
24.7a speed of more than 30 miles per hour.
24.8    Subd. 7. Driving rules. (a) An implement of husbandry may not be operated or
24.9towed on an interstate highway.
24.10    (b) An implement of husbandry may be operated or towed to the left of the center
24.11of a roadway only if it is escorted at the front by a vehicle displaying hazard warning
24.12lights visible in normal sunlight and the operation does not extend into the left half of the
24.13roadway more than is necessary.
24.14    Subd. 8. Lights. An implement of husbandry must be equipped with lights that
24.15comply with section 169.55, subdivisions 2 and 3.
24.16    Subd. 9. Slow moving vehicle emblem. An implement of husbandry must comply
24.17with section 169.522.
24.18    Subd. 10. Brakes. Notwithstanding section 169.67:
24.19    (a) A self-propelled implement of husbandry must be equipped with brakes adequate
24.20to control its movement and to stop and hold it and any vehicle it is towing.
24.21    (b) A towed implement of husbandry must be equipped with brakes adequate to
24.22control its movement and to stop and hold it if:
24.23    (1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured
24.24and sold after January 1, 1994;
24.25    (2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a
24.26vehicle other than a self-propelled implement of husbandry; or
24.27    (3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a
24.28registered passenger automobile other than a pickup truck as defined in section 168.011,
24.29subdivision 29.
24.30    (c) If a towed implement of husbandry with a gross vehicle weight of more than
24.316,000 pounds is required under paragraph (b) to have brakes, it must also have brakes
24.32adequate to stop and hold it if it becomes detached from the towing vehicle.
24.33    Subd. 11. Manure application technologies. The Department of Transportation
24.34shall investigate and recommend opportunities for infrastructure adaptation to
25.1accommodate the implementation of manure application technologies that lessen impacts
25.2on roads and bridges.

25.3    Sec. 39. Minnesota Statutes 2006, section 169.82, subdivision 3, is amended to read:
25.4    Subd. 3. Hitch, chain, or cable. (a) Every trailer or semitrailer must be hitched to
25.5the towing motor vehicle by a device approved by the commissioner of public safety.
25.6    (b) Every trailer and semitrailer must be equipped with safety chains or cables
25.7permanently attached to the trailer except in cases where the coupling device is a
25.8regulation fifth wheel and kingpin assembly approved by the commissioner of public
25.9safety. In towing, the chains or cables must be attached to the vehicles near the points of
25.10bumper attachments to the chassis of each vehicle, and must be of sufficient strength to
25.11control the trailer in the event of failure of the towing device. The length of chain or cable
25.12must be no more than necessary to permit free turning of the vehicles. A minimum fine
25.13of $25 must be imposed for a violation of this paragraph.
25.14    (c) This subdivision does not apply to towed implements of husbandry.
25.15    (d) No person may be charged with a violation of this section solely by reason of
25.16violating a maximum speed prescribed in section 169.145 or 169.67 or 169.801.

25.17    Sec. 40. Minnesota Statutes 2006, section 169.826, subdivision 1a, is amended to read:
25.18    Subd. 1a. Harvest season increase amount. The limitations provided in sections
25.19169.822 to 169.829 are increased by ten percent from the beginning of harvest to
25.20November 30 each year for the movement of sugar beets, carrots, and potatoes from the
25.21field of harvest to the point of the first unloading. Transfer of the product from a farm
25.22vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not
25.23considered to be the first unloading. A permit issued under section 169.86, subdivision 1,
25.24paragraph (a), is required. The commissioner shall not issue permits under this subdivision
25.25if to do so will result in a loss of federal highway funding to the state.

25.26    Sec. 41. Minnesota Statutes 2006, section 169.85, subdivision 1, is amended to read:
25.27    Subdivision 1. Driver to stop for weighing. (a) The driver of a vehicle that has
25.28been lawfully stopped may be required by an officer to submit the vehicle and load to a
25.29weighing by means of portable or stationary scales.
25.30    (b) In addition, the officer may require that the vehicle be driven to the nearest
25.31available scales, but only if:
25.32    (1) the distance to the scales is no further than five miles, or if the distance from the
25.33point where the vehicle is stopped to the vehicle's destination is not increased by more
25.34than ten miles as a result of proceeding to the nearest available scales; and
26.1    (2) if the vehicle is a commercial motor vehicle, no more than two other commercial
26.2motor vehicles are waiting to be inspected at the scale.
26.3    (c) Official traffic control devices as authorized by section 169.06 may be used to
26.4direct the driver to the nearest scale.
26.5    (d) When a truck weight enforcement operation is conducted by means of portable or
26.6stationary scales, signs giving notice of the operation must be posted within the highway
26.7right-of-way and adjacent to the roadway within two miles of the operation. The driver of
26.8a truck or combination of vehicles registered for or weighing in excess of 12,000 with a
26.9gross vehicle weight exceeding 10,000 pounds shall proceed to the scale site and submit
26.10the vehicle to weighing and inspection.

26.11    Sec. 42. Minnesota Statutes 2006, section 169.86, is amended by adding a subdivision
26.12to read:
26.13    Subd. 8. Tow truck. A tow truck or towing vehicle, when towing a disabled or
26.14damaged vehicle to a place of repair or to a place of safekeeping, may exceed the length
26.15and weight limitations of this chapter, subject to a $300 annual permit fee and any other
26.16conditions prescribed by the commissioner.

26.17    Sec. 43. Minnesota Statutes 2006, section 169A.03, subdivision 23, is amended to read:
26.18    Subd. 23. School bus. "School bus" has the meaning given in section 169.01,
26.19subdivision 6 . In addition, the term includes type III school buses as described in section
26.20169.01, subdivision 6, clause (5), when driven by employees or agents of school districts
26.21for transportation.
26.22EFFECTIVE DATE.This section is effective August 1, 2008, and applies to crimes
26.23committed on or after that date.

26.24    Sec. 44. Minnesota Statutes 2006, section 171.01, subdivision 35, is amended to read:
26.25    Subd. 35. Hazardous materials. "Hazardous materials" means those materials
26.26found to be hazardous for the purposes of the federal Hazardous Materials Transportation
26.27Act and that require the motor vehicle any material that has been designated as hazardous
26.28under United States Code, title 49, section 5103, and is required to be placarded under
26.29Code of Federal Regulations, title 49, parts 100-185 part 172, subpart F, or any quantity of
26.30a material listed as a select agent or toxin in Code of Federal Regulations, title 42, part 73.

26.31    Sec. 45. Minnesota Statutes 2006, section 171.01, subdivision 46, is amended to read:
26.32    Subd. 46. School bus. "School bus" means a motor vehicle used to transport pupils
26.33to or from a school defined in section 120A.22, or to or from school-related activities,
27.1by the school or a school district or by someone under an agreement with the school or a
27.2school district. A school bus does not include a motor vehicle transporting children to or
27.3from school for which parents or guardians receive direct compensation from a school
27.4district, a motor coach operating under charter carrier authority, a transit bus providing
27.5services as defined in section 174.22, subdivision 7, or a vehicle otherwise qualifying as
27.6a type III vehicle under section 169.01, subdivision 6, paragraph (5), when the vehicle
27.7is properly registered and insured and being driven by an employee or agent of a school
27.8district for nonscheduled transportation. has the meaning given in section 169.01,
27.9subdivision 6.

27.10    Sec. 46. Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2, is
27.11amended to read:
27.12    Subd. 2. Driver's license classifications, endorsements, exemptions. (a) Drivers'
27.13licenses are classified according to the types of vehicles that may be driven by the holder
27.14of each type or class of license. The commissioner may, as appropriate, subdivide the
27.15classes listed in this subdivision and issue licenses classified accordingly.
27.16    (b) Except as provided in paragraph (c), clauses (1) and (2), and subdivision 2a, no
27.17class of license is valid to operate a motorcycle, school bus, tank vehicle, double-trailer
27.18or triple-trailer combination, vehicle transporting hazardous materials, or bus, unless
27.19so endorsed. There are four general classes of licenses as described in paragraphs (c)
27.20through (f).
27.21    (c) Class D drivers' licenses are valid for:
27.22    (1) operating all farm trucks if the farm truck is:
27.23    (i) controlled and operated by a farmer, including operation by an immediate family
27.24member or an employee of the farmer;
27.25    (ii) used to transport agricultural products, farm machinery, or farm supplies,
27.26including hazardous materials, to or from a farm;
27.27    (iii) not used in the operations of a common or contract motor carrier as governed by
27.28Code of Federal Regulations, title 49, part 365; and
27.29    (iv) used within 150 miles of the farm;
27.30    (2) notwithstanding paragraph (b), operating an authorized emergency vehicle,
27.31as defined in section 169.01, subdivision 5, whether or not in excess of 26,000 pounds
27.32gross vehicle weight;
27.33    (3) operating a recreational vehicle as defined in section 168.011, subdivision 25,
27.34that is operated for personal use;
28.1    (4) operating all single-unit vehicles except vehicles with a gross vehicle weight of
28.2more than 26,000 pounds, vehicles designed to carry more than 15 passengers including
28.3the driver, and vehicles that carry hazardous materials;
28.4    (5) notwithstanding paragraph (d), operating a type A school bus or a multifunctional
28.5school activity bus without a school bus endorsement if:
28.6    (i) the bus has a gross vehicle weight of 10,000 pounds or less;
28.7    (ii) the bus is designed to transport 15 or fewer passengers, including the driver; and
28.8    (iii) the requirements of subdivision 2a are satisfied, as determined by the
28.9commissioner;
28.10    (6) operating any vehicle or combination of vehicles when operated by a licensed
28.11peace officer while on duty; and
28.12    (7) (6) towing vehicles if:
28.13    (i) the towed vehicles have a gross vehicle weight of 10,000 pounds or less; or
28.14    (ii) the towed vehicles have a gross vehicle weight of more than 10,000 pounds and
28.15the combination of vehicles has a gross vehicle weight of 26,000 pounds or less.
28.16    (d) Class C drivers' licenses are valid for:
28.17    (1) operating class D motor vehicles;
28.18    (2) with a hazardous materials endorsement, transporting hazardous materials in
28.19operating class D vehicles to transport hazardous materials; and
28.20    (3) with a passenger endorsement, operating buses; and
28.21    (3) (4) with a passenger endorsement and school bus endorsement, operating school
28.22buses designed to transport 15 or fewer passengers, including the driver.
28.23    (e) Class B drivers' licenses are valid for:
28.24    (1) operating all class C motor vehicles, class D motor vehicles, and all other
28.25single-unit motor vehicles including, with a passenger endorsement, buses; and
28.26    (2) towing only vehicles with a gross vehicle weight of 10,000 pounds or less.
28.27    (f) Class A drivers' licenses are valid for operating any vehicle or combination of
28.28vehicles.

28.29    Sec. 47. Minnesota Statutes 2006, section 171.02, is amended by adding a subdivision
28.30to read:
28.31    Subd. 2b. Exception for type III school bus drivers. (a) Notwithstanding
28.32subdivision 2, paragraph (c), the holder of a class D driver's license, without a school bus
28.33endorsement, may operate a type III school bus described in section 169.01, subdivision 6,
28.34clause (5), under the conditions in paragraphs (b) through (n).
29.1    (b) The operator is an employee of the entity that owns, leases, or contracts for
29.2the school bus.
29.3    (c) The operator's employer has adopted and implemented a policy that provides for
29.4annual training and certification of the operator in:
29.5    (1) safe operation of a type III school bus;
29.6    (2) understanding student behavior, including issues relating to students with
29.7disabilities;
29.8    (3) encouraging orderly conduct of students on the bus and handling incidents of
29.9misconduct appropriately;
29.10    (4) knowing and understanding relevant laws, rules of the road, and local school
29.11bus safety policies;
29.12    (5) handling emergency situations;
29.13    (6) proper use of seat belts and child safety restraints;
29.14    (7) performance of pretrip vehicle inspections; and
29.15    (8) safe loading and unloading of students, including, but not limited to:
29.16    (i) utilizing a safe location for loading and unloading students at the curb, on the
29.17nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
29.18areas to enable the student to avoid hazardous conditions;
29.19    (ii) refraining from loading and unloading students in a vehicular traffic lane, on the
29.20shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
29.21    (iii) avoiding a loading or unloading location that would require a pupil to cross a
29.22road, or ensuring that the driver or an aide personally escort the pupil across the road if
29.23it is not reasonably feasible to avoid such a location; and
29.24    (iv) placing the type III school bus in "park" during loading and unloading.
29.25    (d) A background check or background investigation of the operator has been
29.26conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
29.27for school district employees; section 144.057 or chapter 245C for day care employees;
29.28or section 171.321, subdivision 3, for all other persons operating a type A or type III
29.29school bus under this subdivision.
29.30    (e) Operators shall submit to a physical examination as required by section 171.321,
29.31subdivision 2 .
29.32    (f) The operator's employer has adopted and implemented a policy that provides
29.33for mandatory drug and alcohol testing of applicants for operator positions and current
29.34operators, in accordance with section 181.951, subdivisions 2, 4, and 5.
29.35    (g) The operator's driver's license is verified annually by the entity that owns, leases,
29.36or contracts for the school bus.
30.1    (h) A person who sustains a conviction, as defined under section 609.02, of violating
30.2section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked
30.3under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of or
30.4has their driver's license revoked under a similar statute or ordinance of another state, is
30.5precluded from operating a type III school bus for five years from the date of conviction.
30.6    (i) A person who has ever been convicted of a disqualifying offense as defined in
30.7section 171.3215, subdivision 1, paragraph (c), may not operate a type III school bus
30.8under this subdivision.
30.9    (j) A person who sustains a conviction, as defined under section 609.02, of a moving
30.10offense in violation of chapter 169 within three years of the first of three other moving
30.11offenses is precluded from operating a type III school bus for one year from the date of
30.12the last conviction.
30.13    (k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
30.14while employed by the entity that owns, leases, or contracts for the school bus, shall report
30.15the conviction to the employer within ten days of the date of the conviction.
30.16    (l) Students riding the type III school bus must have training required under section
30.17123B.90, subdivision 2.
30.18    (m) Documentation of meeting the requirements listed in this subdivision must
30.19be maintained under separate file at the business location for each type III school bus
30.20operator. The business manager, school board, governing body of a nonpublic school, or
30.21any other entity that owns, leases, or contracts for the type III school bus operating under
30.22this subdivision is responsible for maintaining these files for inspection.
30.23    (n) The type III school bus must bear a current certificate of inspection issued under
30.24section 169.451.
30.25    (o) An operator employed by a school or school district, whose normal duties do
30.26not include operating a type III school bus, who holds a class D driver's license without a
30.27school bus endorsement, may operate a type III school bus and is exempt from paragraphs
30.28(d), (e), (f), (g), and (k).
30.29EFFECTIVE DATE.This section is effective September 1, 2008.

30.30    Sec. 48. Minnesota Statutes 2006, section 171.03, is amended to read:
30.31171.03 PERSONS EXEMPT.
30.32    The following persons are exempt from license hereunder:
30.33    (a) A person in the employ or service of the United States federal government is
30.34exempt while driving or operating a motor vehicle owned by or leased to the United
30.35States federal government.
31.1    (b) A person in the employ or service of the United States federal government is
31.2exempt from the requirement to possess a valid class A, class B, or class C commercial
31.3driver's license while driving or operating for military purposes a commercial motor
31.4vehicle owned by or leased to for the United States federal government if the person is:
31.5    (1) on active duty in the U. S. Coast Guard;
31.6    (2) on active duty in a branch of the U. S. Armed Forces, which includes the Army,
31.7Air Force, Navy, and Marine Corps;
31.8    (3) a member of a reserve component of the U. S. Armed Forces; or
31.9    (4) on active duty in the Army National Guard or Air National Guard, which
31.10includes (i) a member on full-time National Guard duty, (ii) a member undergoing
31.11part-time National Guard training, and (iii) a National Guard military technician, who is a
31.12civilian required to wear a military uniform.
31.13The exemption provided under this paragraph does not apply to a U. S. Armed Forces
31.14Reserve technician.
31.15    (c) Any person while driving or operating any farm tractor or implement of
31.16husbandry temporarily on a highway is exempt. For purposes of this section, an all-terrain
31.17vehicle, as defined in section 84.92, subdivision 8, an off-highway motorcycle, as defined
31.18in section 84.787, subdivision 7, and an off-road vehicle, as defined in section 84.797,
31.19subdivision 7 , are not implements of husbandry.
31.20    (d) A nonresident who is at least 15 years of age and who has in immediate
31.21possession a valid driver's license issued to the nonresident in the home state or country
31.22may operate a motor vehicle in this state only as a driver.
31.23    (e) A nonresident who has in immediate possession a valid commercial driver's
31.24license issued by a state or jurisdiction in accordance with the standards of Code of
31.25Federal Regulations, title 49, part 383, and who is operating in Minnesota the class of
31.26commercial motor vehicle authorized by the issuing state or jurisdiction is exempt.
31.27    (f) Any nonresident who is at least 18 years of age, whose home state or country does
31.28not require the licensing of drivers may operate a motor vehicle as a driver, but only for a
31.29period of not more than 90 days in any calendar year, if the motor vehicle so operated is
31.30duly registered for the current calendar year in the home state or country of the nonresident.
31.31    (g) Any person who becomes a resident of the state of Minnesota and who has in
31.32possession a valid driver's license issued to the person under and pursuant to the laws of
31.33some other state or jurisdiction or by military authorities of the United States may operate
31.34a motor vehicle as a driver, but only for a period of not more than 60 days after becoming
31.35a resident of this state, without being required to have a Minnesota driver's license as
31.36provided in this chapter.
32.1    (h) Any person who becomes a resident of the state of Minnesota and who has in
32.2possession a valid commercial driver's license issued by another state or jurisdiction in
32.3accordance with the standards of Code of Federal Regulations, title 49, part 383, is exempt
32.4for not more than 30 days after becoming a resident of this state.
32.5    (i) Any person operating a snowmobile, as defined in section 84.81, is exempt.

32.6    Sec. 49. Minnesota Statutes 2006, section 171.055, subdivision 1, is amended to read:
32.7    Subdivision 1. Requirements for provisional license; misdemeanor. (a) The
32.8department may issue a provisional license, which must be distinctive in appearance
32.9from a driver's license, to an applicant who:
32.10    (1) has reached the age of 16 years;
32.11    (2) during the six months immediately preceding the application for the provisional
32.12license has possessed an instruction permit and has incurred (i) no convictions for a
32.13violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (ii) no
32.14convictions for a crash-related moving violation, and (iii) no convictions for a moving
32.15violation that is not crash related;
32.16    (3) has successfully completed a course of driver education in accordance with
32.17department rules, including but not limited to 40 hours of classroom instruction and ten
32.18hours of behind-the-wheel driving instruction;
32.19    (4) completes the required application, which must be approved by (i) either parent
32.20when both reside in the same household as the minor applicant or, if otherwise, then (ii)
32.21the parent or spouse of the parent having custody or, in the event there is no court order
32.22for custody, then (iii) the parent or spouse of the parent with whom the minor is living
32.23or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor or,
32.24in the event a person under the age of 18 has no living father, mother, or guardian, or is
32.25married or otherwise legally emancipated, then (v) the applicant's adult spouse, adult close
32.26family member, or adult employer; provided, that the approval required by this clause
32.27contains a verification of the age of the applicant and the identity of the parent, guardian,
32.28adult spouse, adult close family member, or adult employer;
32.29    (5) presents certification a logbook or schedule certified by the person who approves
32.30the application under clause (4) stating attesting that the applicant has driven a motor
32.31vehicle accompanied by and under the supervision of a licensed driver at least 21 years of
32.32age, for no less than 30 50 hours, at least ten of which were nighttime hours; and
32.33    (6) pays the fee required in section 171.06, subdivision 2.
32.34    (b) For purposes of this section, "moving violation" has the meaning given it in
32.35section 171.04, subdivision 1.
33.1    (c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a
33.2provisional license to a person who has ever incurred a conviction for violation of section
33.3169A.20 , 169A.33, or 169A.35; a violation of a provision of sections 169A.50 to 169A.53;
33.4or a crash-related moving violation, and at the time of the conviction the person did not
33.5possess an instruction permit.
33.6    (d) If a person approving the application under paragraph (a), clause (4), falsifies an
33.7entry, or knows an entry is false, in a logbook or schedule certified by the person under
33.8paragraph (a), clause (5), that person is guilty of a misdemeanor.

33.9    Sec. 50. Minnesota Statutes 2006, section 171.055, subdivision 2, is amended to read:
33.10    Subd. 2. Use of provisional license. (a) A provisional license holder may operate a
33.11motor vehicle only when every occupant under the age of 18 has a seat belt or child
33.12passenger restraint system properly fastened. A person who violates this paragraph is
33.13subject to a fine of $25. A peace officer may not issue a citation for a violation of this
33.14paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
33.15for a moving violation as defined in section 171.04. The commissioner shall not record a
33.16violation of this paragraph on a person's driving record.
33.17    (b) A provisional license holder may not operate a vehicle while communicating
33.18over, or otherwise operating, a cellular or wireless telephone, whether handheld or
33.19hands free, when the vehicle is in motion. The provisional license holder may assert
33.20as an affirmative defense that the violation was made for the sole purpose of obtaining
33.21emergency assistance to prevent a crime about to be committed, or in the reasonable
33.22belief that a person's life or safety was in danger. Violation of this paragraph is a petty
33.23misdemeanor subject to section 169.89, subdivision 2.
33.24    (c) For the first six months of provisional licensure, a provisional license holder may
33.25not operate a motor vehicle carrying more than one passenger under the age of 20 years
33.26who is not a member of the holder's immediate family. For the second six months, the
33.27holder of the license may not operate a motor vehicle that is carrying more than three
33.28passengers who are under the age of 20 years and who are not members of the holder's
33.29immediate family. This paragraph does not apply if the provisional license holder is
33.30accompanied by a parent or guardian.
33.31    (d) For the first six months of provisional licensure, a provisional license holder who
33.32is less than 18 years of age may operate a motor vehicle between the hours of midnight
33.33and 5:00 a.m. only when the license holder is:
33.34    (1) driving between the license holder's home and place of employment;
34.1    (2) driving between the license holder's home and a school event for which the
34.2school has not provided transportation;
34.3    (3) driving for employment purposes; or
34.4    (4) accompanied by a licensed driver at least 25 years of age.
34.5    (e) If the holder of a provisional license during the period of provisional licensing
34.6incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
34.7169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
34.8than one conviction for a moving violation that is not crash related, the person may not be
34.9issued a driver's license until 12 consecutive months have expired since the date of the
34.10conviction or until the person reaches the age of 18 years, whichever occurs first.

34.11    Sec. 51. Minnesota Statutes 2006, section 171.07, subdivision 1, is amended to read:
34.12    Subdivision 1. License; contents. (a) Upon the payment of the required fee, the
34.13department shall issue to every qualifying applicant a license designating the type or class
34.14of vehicles the applicant is authorized to drive as applied for. This license must bear a
34.15distinguishing number assigned to the licensee; the licensee's full name, date of birth, and
34.16residence address; a description of the licensee in a manner as the commissioner deems
34.17necessary; and the usual signature of the licensee. No license is valid unless it bears
34.18the usual signature of the licensee. Every license must bear a colored photograph or an
34.19electronically produced image of the licensee.
34.20    (b) If the United States Postal Service will not deliver mail to the applicant's
34.21residence address as listed on the license, then the applicant shall provide verification from
34.22the United States Postal Service that mail will not be delivered to the applicant's residence
34.23address and that mail will be delivered to a specified alternate mailing address. When an
34.24applicant provides an alternate mailing address under this subdivision, the commissioner
34.25shall use the alternate mailing address in lieu of the applicant's residence address for
34.26all notices and mailings to the applicant.
34.27    (c) Every license issued to an applicant under the age of 21 must be of a
34.28distinguishing color and plainly marked "Under-21."
34.29    (d) The department shall use processes in issuing a license that prohibit, as nearly as
34.30possible, the ability to alter or reproduce a license, or prohibit the ability to superimpose a
34.31photograph or electronically produced image on a license, without ready detection.
34.32    (e) A license issued to an applicant age 65 or over must be plainly marked "senior" if
34.33requested by the applicant.
34.34    (f) Every Minnesota driver's license or Minnesota identification card issued to an
34.35applicant who is restricted from consuming alcohol under section 171.09 must be (1) of
35.1a distinguishing color matching the color of licenses issued under paragraph (c), and
35.2(2) plainly marked with the letter "R" on the front of the license or identification card
35.3indicating that the holder is restricted from consuming alcohol. The license may include
35.4text on the back indicating the nature of the restriction.
35.5    (g) Any alcohol server or alcohol-serving establishment shall refuse service to
35.6a person who has been issued a driver's license under section 171.09 indicating that the
35.7person is restricted from consuming any alcohol.

35.8    Sec. 52. Minnesota Statutes 2006, section 171.0701, is amended to read:
35.9171.0701 DRIVER EDUCATION; ORGAN AND TISSUE DONATION
35.10CONTENT.
35.11    (a) The commissioner shall adopt rules requiring a minimum of 30 minutes of
35.12instruction, beginning January 1, 2007, relating to organ and tissue donations and the
35.13provisions of section 171.07, subdivision 5, for persons enrolled in driver education
35.14programs offered at public schools, private schools, and commercial driver training
35.15schools.
35.16    (b) The commissioner shall adopt rules for persons enrolled in driver education
35.17programs offered at public schools, private schools, and commercial driver training
35.18schools, requiring inclusion in the course of instruction, by January 1, 2009, a section on
35.19awareness and safe interaction with commercial motor vehicle traffic. The rules must
35.20require classroom instruction and behind-the-wheel training that includes, but is not
35.21limited to, truck stopping distances, proper distances for following trucks, identification of
35.22truck blind spots, and avoidance of driving in truck blind spots.
35.23    (c) The rules adopted by the commissioner under paragraph (b) are exempt from
35.24the rulemaking provisions of chapter 14. The rules are subject to section 14.386, except
35.25that notwithstanding paragraph (b) of section 14.386, the rules continue in effect until
35.26repealed or superseded by other law or rule.

35.27    Sec. 53. Minnesota Statutes 2006, section 171.13, subdivision 1, is amended to read:
35.28    Subdivision 1. Examination subjects and locations; provisions for color
35.29blindness, disabled veterans. Except as otherwise provided in this section, the
35.30commissioner shall examine each applicant for a driver's license by such agency as the
35.31commissioner directs. This examination must include a test of applicant's eyesight; ability
35.32to read and understand highway signs regulating, warning, and directing traffic; knowledge
35.33of traffic laws; knowledge of the effects of alcohol and drugs on a driver's ability to operate
35.34a motor vehicle safely and legally, and of the legal penalties and financial consequences
35.35resulting from violations of laws prohibiting the operation of a motor vehicle while under
36.1the influence of alcohol or drugs; knowledge of railroad grade crossing safety; knowledge
36.2of slow-moving vehicle safety; knowledge of laws relating to pupil transportation safety,
36.3including the significance of school bus lights, signals, stop arm, and passing a school bus;
36.4knowledge of traffic laws related to bicycles; an actual demonstration of ability to exercise
36.5ordinary and reasonable control in the operation of a motor vehicle; and other physical
36.6and mental examinations as the commissioner finds necessary to determine the applicant's
36.7fitness to operate a motor vehicle safely upon the highways, provided, further however, no
36.8driver's license shall be denied an applicant on the exclusive grounds that the applicant's
36.9eyesight is deficient in color perception. Provided, however, that war veterans operating
36.10motor vehicles especially equipped for disabled persons, shall, if otherwise entitled to a
36.11license, be granted such license. The commissioner shall make provision for giving these
36.12examinations either in the county where the applicant resides or at a place adjacent thereto
36.13reasonably convenient to the applicant. A driver's license must be denied to an applicant
36.14who fails to demonstrate knowledge of pupil transportation safety laws.

36.15    Sec. 54. Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision
36.16to read:
36.17    Subd. 1i. Pupil transportation safety. The commissioner shall include in each
36.18edition of the driver's manual a section relating to pupil transportation safety laws.

36.19    Sec. 55. Minnesota Statutes 2006, section 171.13, is amended by adding a subdivision
36.20to read:
36.21    Subd. 1j. Driver's manual; interaction with commercial motor vehicle. The
36.22commissioner shall include in each edition of the driver's manual published by the
36.23department after August 1, 2008, a section that includes information on awareness and
36.24safe interaction with commercial motor vehicle traffic.

36.25    Sec. 56. Minnesota Statutes 2006, section 171.165, subdivision 2, is amended to read:
36.26    Subd. 2. Implied consent revocation. The commissioner shall disqualify a person
36.27from operating commercial motor vehicles for a revocation under section 169A.52 or a
36.28statute or ordinance from another state or jurisdiction in conformity with it, in accordance
36.29with for a period that is equivalent in duration under the driver disqualifications and
36.30penalties in Code of Federal Regulations, title 49, part 383, subpart D, that pertain to a
36.31conviction of being under the influence of alcohol or refusal to be tested.

36.32    Sec. 57. [171.168] NOTIFICATION OF CONVICTION FOR VIOLATION BY
36.33COMMERCIAL DRIVER.
37.1    (a) Each person who operates a commercial motor vehicle, who has a commercial
37.2driver's license issued by this state, and who is convicted of a criminal offense; of a serious
37.3traffic violation, as defined in Code of Federal Regulations, title 49, section 383.5; or of
37.4violating any other state or local law relating to motor vehicle traffic control, other than a
37.5parking violation, in any type of motor vehicle in another state or jurisdiction, shall notify
37.6the department's Division of Driver and Vehicle Services of the conviction. The person
37.7shall notify the division within 30 days after the date that the person was convicted.
37.8    (b) Each person who operates a commercial motor vehicle, who has a commercial
37.9driver's license issued by this state, and who is convicted of violating, in any type of
37.10motor vehicle, a Minnesota state or local law relating to motor vehicle traffic control,
37.11other than a parking violation, shall notify the person's employer of the conviction. The
37.12person shall notify the person's employer within 30 days after the date that the person was
37.13convicted. If the person is not currently employed, the person shall notify the division
37.14according to paragraph (a).
37.15    (c) Notification to the division must be made in writing and contain the following
37.16information:
37.17    (1) the driver's full name;
37.18    (2) the driver's license number;
37.19    (3) the date of conviction;
37.20    (4) the specific criminal or other offense; serious traffic violation, as defined in Code
37.21of Federal Regulations, title 49, section 383.5; and any other violation of state or local
37.22law relating to motor vehicle traffic control, for which the person was convicted and
37.23any suspension, revocation, or cancellation of certain driving privileges that resulted
37.24from the conviction;
37.25    (5) an indication whether the violation was in a commercial motor vehicle;
37.26    (6) the location of the offense; and
37.27    (7) the driver's signature.

37.28    Sec. 58. [171.169] NOTIFICATION OF SUSPENSION OF LICENSE OF
37.29COMMERCIAL DRIVER.
37.30    Each employee, as defined in Code of Federal Regulations, title 49, section 383.5,
37.31who has a Minnesota-issued driver's license suspended, revoked, or canceled by this
37.32state or another state or jurisdiction, who loses the right to operate a commercial motor
37.33vehicle in this state or another state or jurisdiction for any period, or who is disqualified
37.34from operating a commercial motor vehicle for any period, shall notify the person's
37.35employer of the suspension, revocation, cancellation, lost privilege, or disqualification.
37.36The employee shall notify the employer before the end of the business day following
38.1the day the employee received notice of the suspension, revocation, cancellation, lost
38.2privilege, or disqualification.

38.3    Sec. 59. Minnesota Statutes 2006, section 171.18, subdivision 1, is amended to read:
38.4    Subdivision 1. Offenses. (a) The commissioner may suspend the license of a driver
38.5without preliminary hearing upon a showing by department records or other sufficient
38.6evidence that the licensee:
38.7    (1) has committed an offense for which mandatory revocation of license is required
38.8upon conviction;
38.9    (2) has been convicted by a court for violating a provision of chapter 169 or
38.10an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and
38.11department records show that the violation contributed in causing an accident resulting in
38.12the death or personal injury of another, or serious property damage;
38.13    (3) is an habitually reckless or negligent driver of a motor vehicle;
38.14    (4) is an habitual violator of the traffic laws;
38.15    (5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;
38.16    (6) has permitted an unlawful or fraudulent use of the license;
38.17    (7) has committed an offense in another state that, if committed in this state, would
38.18be grounds for suspension;
38.19    (8) has committed a violation of section 169.444, subdivision 2, paragraph (a),
38.20within five years of a prior conviction under that section;
38.21    (9) has committed a violation of section 171.22, except that the commissioner may
38.22not suspend a person's driver's license based solely on the fact that the person possessed a
38.23fictitious or fraudulently altered Minnesota identification card;
38.24    (10) has failed to appear in court as provided in section 169.92, subdivision 4;
38.25    (11) has failed to report a medical condition that, if reported, would have resulted in
38.26cancellation of driving privileges;
38.27    (12) has been found to have committed an offense under section 169A.33; or
38.28    (13) has paid or attempted to pay a fee required under this chapter for a license or
38.29permit by means of a dishonored check issued to the state or a driver's license agent,
38.30which must be continued until the registrar determines or is informed by the agent that
38.31the dishonored check has been paid in full.
38.32However, an action taken by the commissioner under clause (2) or (5) must conform to
38.33the recommendation of the court when made in connection with the prosecution of the
38.34licensee.
39.1    (b) Notwithstanding paragraph (a) or section 171.16, subdivision 2, the
39.2commissioner may not suspend the driver's license of an individual under paragraph (a)
39.3who was convicted of a violation of section 171.24, subdivision 1, whose license was
39.4under suspension at the time solely because of the individual's failure to appear in court
39.5or failure to pay a fine.

39.6    Sec. 60. Minnesota Statutes 2006, section 171.321, subdivision 1, is amended to read:
39.7    Subdivision 1. Endorsement. No person shall drive a school bus when transporting
39.8school children to or from school or upon a school-related trip or activity without having a
39.9valid class A, class B, or class C driver's license with a school bus endorsement except
39.10that a person possessing a valid driver's license but not a school bus endorsement may
39.11drive a vehicle with a seating capacity of ten or less persons used as a school bus but not
39.12outwardly equipped or identified as a school bus type III vehicle.

39.13    Sec. 61. Minnesota Statutes 2006, section 174.02, subdivision 2, is amended to read:
39.14    Subd. 2. Unclassified positions. The commissioner may establish four positions in
39.15the unclassified service at the deputy and commissioner, assistant commissioner, assistant
39.16to commissioner, or personal secretary levels. No more than two of these positions shall
39.17be at the deputy commissioner level. The commissioner shall appoint at least two deputy
39.18commissioners, and one must serve as the chief engineer and be licensed as a professional
39.19engineer under section 326.02.

39.20    Sec. 62. Minnesota Statutes 2006, section 174.03, subdivision 1, is amended to read:
39.21    Subdivision 1. Statewide transportation plan; priorities; schedule of
39.22expenditures. In order to best meet the present and future transportation needs of
39.23the public, to insure a strong state economy, to make most efficient use of public and
39.24private funds, and to promote the more efficient use of energy and other resources for
39.25transportation purposes, the commissioner shall:
39.26    (1) three months after notification that the department is ready to commence
39.27operations and prior to the drafting of the statewide transportation plan, hold public
39.28hearings as may be appropriate solely for the purpose of receiving suggestions for future
39.29transportation alternatives and priorities for the state. The Metropolitan Council, regional
39.30development commissions, and port authorities shall appear at the hearings and submit
39.31information concerning transportation-related planning undertaken and accomplished by
39.32these agencies. Other political subdivisions may appear and submit such information at
39.33the hearings. These hearings shall be completed no later than six months from the date of
39.34the commissioner's notification;
40.1    (2) develop, adopt, revise, and monitor a statewide transportation plan, taking into
40.2account the suggestions and information submitted at the public hearings held pursuant
40.3to clause (1). The plan shall incorporate all modes of transportation and provide for the
40.4interconnection and coordination of different modes of transportation. The commissioner
40.5shall evaluate alternative transportation programs and facilities proposed for inclusion
40.6in the plan in terms of economic costs and benefits, safety aspects, impact on present
40.7and planned land uses, environmental effects, energy efficiency, national transportation
40.8policies and priorities, and availability of federal and other financial assistance;
40.9    (3) based upon the statewide transportation plan, develop statewide transportation
40.10priorities and schedule authorized public capital improvements and other authorized public
40.11transportation expenditures pursuant to the priorities. As permitted by the federal surface
40.12transportation program, the commissioner shall prioritize for funding those transportation
40.13projects in the metropolitan area, as defined in section 473.121, subdivision 2, that are
40.14consistent with policies included in the Metropolitan Council's metropolitan development
40.15guide, transportation policy plan, and regional development framework, and that have
40.16been awarded funding through the federal surface transportation program;
40.17    (4) complete the plan and priorities required by this subdivision no later than July
40.181, 1978. Upon completion of the plan and priorities, the commissioner shall prepare
40.19and periodically revise, as necessary, the schedule of authorized public transportation
40.20expenditures. The plan, priorities, and schedule are exempt from the provisions of the
40.21Administrative Procedure Act.
40.22EFFECTIVE DATE.This section is effective the day following final enactment.

40.23    Sec. 63. Minnesota Statutes 2006, section 174.24, is amended by adding a subdivision
40.24to read:
40.25    Subd. 1a. Transit service needs implementation plan. The commissioner shall
40.26develop and implement a transit service needs implementation plan that contains a goal of
40.27meeting at least 80 percent of unmet transit service needs in greater Minnesota by July 1,
40.282015, and meeting at least 90 percent of unmet transit service needs in greater Minnesota
40.29by July 1, 2025. The plan must include, but is not limited to, the following: an analysis of
40.30ridership and transit service needs throughout greater Minnesota; a calculation of unmet
40.31needs; an assessment of the level and type of service required to meet unmet needs; an
40.32analysis of costs and revenue options; and, a plan to reduce unmet transit service needs as
40.33specified in this subdivision. The plan must specifically address special transportation
40.34service ridership and needs. The commissioner may amend the plan as necessary, and
41.1may use all or part of the 2001 greater Minnesota public transportation plan created by the
41.2Minnesota Department of Transportation.
41.3EFFECTIVE DATE.This section is effective the day following final enactment.

41.4    Sec. 64. [174.247] ANNUAL TRANSIT REPORT.
41.5    (a) By February 15 annually, the commissioner shall submit a report to the legislature
41.6on transit services outside the metropolitan area. The Metropolitan Council and any
41.7public transit system receiving assistance under section 174.24 shall provide assistance
41.8in creating the report, as requested by the commissioner.
41.9    (b) The report must include, at a minimum, the following:
41.10    (1) a descriptive overview of public transit in Minnesota;
41.11    (2) a descriptive summary of funding sources and assistance programs;
41.12    (3) a summary of each public transit system receiving assistance under section
41.13174.24;
41.14    (4) data that identifies use of volunteers in providing transit service;
41.15    (5) financial data that identifies operating and capital costs, and funding sources,
41.16for each public transit system and for each transit system classification under section
41.17174.24, subdivision 3b;
41.18    (6) a summary of progress with the transit service needs implementation plan under
41.19section 174.24, subdivision 1a, including identification of any adjustments made to the
41.20plan; and
41.21    (7) a calculation of the amounts of surplus or insufficient funds available for (i)
41.22paying the state share of transit operating costs under section 174.24, subdivision 3b, and
41.23(ii) following the transit service needs implementation plan.
41.24EFFECTIVE DATE.This section is effective August 1, 2009.

41.25    Sec. 65. Minnesota Statutes 2006, section 221.011, subdivision 26, is amended to read:
41.26    Subd. 26. Private carrier. (a) "Private carrier" means a person engaged in the
41.27transportation of property or passengers by motor vehicle when:
41.28    (1) the person transporting the property or passengers is engaged in a business other
41.29than transportation; and
41.30    (2) the transportation is within the scope of and furthers a primary business, other
41.31than transportation, of that person.; or
41.32    (2) the person transporting the property or passengers by motor vehicle is a charitable
41.33organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code
41.34and the transportation furthers the charitable organization's charitable mission.
42.1    (b) "Private carrier" does not include a person while engaged in transportation
42.2described in section 221.025.

42.3    Sec. 66. Minnesota Statutes 2006, section 221.011, is amended by adding a subdivision
42.4to read:
42.5    Subd. 50. Out-of-service order. "Out-of-service order" has the meaning given it in
42.6Code of Federal Regulations, title 49, section 383.5.

42.7    Sec. 67. Minnesota Statutes 2006, section 221.0314, subdivision 9a, is amended to
42.8read:
42.9    Subd. 9a. Hours of service exemptions. The federal regulations incorporated in
42.10subdivision 9 for maximum driving and on-duty time do not apply to drivers engaged in
42.11the interstate or intrastate transportation of:
42.12    (1) the interstate or intrastate transportation of agricultural commodities or
42.13farm supplies, and the intrastate transportation of wholesale anhydrous ammonia, for
42.14agricultural purposes in Minnesota during the planting and harvesting seasons from March
42.1515 to December 15 of each year; or
42.16    (2) the interstate or intrastate transportation of sugar beets during the harvesting
42.17season for sugar beets from September 1 to May 15 of each year;
42.18if the transportation is limited to an area within a 100-air-mile radius from the source of
42.19the commodities or the distribution point for the farm supplies.

42.20    Sec. 68. Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read:
42.21    Subdivision 1. Order. The commissioner may issue an order requiring violations
42.22to be corrected and administratively assessing monetary penalties for a violation of
42.23(1) section 221.021; (2) section 221.033, subdivision 2b; (3) section 221.151; (4)
42.24section 221.171; (5) section 221.141; (6) a federal, state, or local law, regulation, rule,
42.25or ordinance pertaining to railroad-highway grade crossings; or (6) (7) rules of the
42.26commissioner relating to the transportation of hazardous waste, motor carrier operations,
42.27insurance, or tariffs and accounting. An order must be issued as provided in this section.

42.28    Sec. 69. Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read:
42.29    Subd. 3. Amount of penalty; considerations. (a) The commissioner may issue an
42.30order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141;
42.31221.151 ; or 221.171, or rules of the commissioner relating to motor carrier operations,
42.32insurance, or tariffs and accounting, identified during a single inspection, audit, or
42.33investigation.
43.1    (b) The commissioner may issue an order assessing a penalty up to a maximum of
43.2$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
43.3inspection or audit.
43.4    (c) In determining the amount of a penalty, the commissioner shall consider:
43.5    (1) the willfulness of the violation;
43.6    (2) the gravity of the violation, including damage to humans, animals, air, water,
43.7land, or other natural resources of the state;
43.8    (3) the history of past violations, including the similarity of the most recent violation
43.9and the violation to be penalized, the time elapsed since the last violation, the number of
43.10previous violations, and the response of the person to the most recent violation identified;
43.11    (4) the economic benefit gained by the person by allowing or committing the
43.12violation; and
43.13    (5) other factors as justice may require, if the commissioner specifically identifies
43.14the additional factors in the commissioner's order.
43.15    (d) The commissioner shall assess a penalty of not less than $1,000 against a driver
43.16who is convicted of a violation of an out-of-service order. The commissioner shall assess
43.17a penalty of not more than $10,000 against an employer who knowingly allows or requires
43.18an employee to operate a commercial motor vehicle in violation of an out-of-service order.
43.19in accordance with Code of Federal Regulations, title 49, section 383.53 against:
43.20    (1) a driver who is convicted of a violation of an out-of-service order;
43.21    (2) an employer who knowingly allows or requires an employee to operate a
43.22commercial motor vehicle in violation of an out-of-service order; or
43.23    (3) an employer who knowingly allows or requires an employee to operate a
43.24commercial motor vehicle in violation of a federal, state, or local law or regulation
43.25pertaining to railroad-highway grade crossings.

43.26    Sec. 70. Minnesota Statutes 2006, section 221.221, subdivision 2, is amended to read:
43.27    Subd. 2. Enforcement powers. Transportation program specialists and hazardous
43.28material program specialists of the department have the powers conferred by law upon
43.29police officers, only for the purpose purposes of enforcing:
43.30    (1) enforcing this chapter, sections 169.781 to 169.783 relating to commercial
43.31vehicle inspections, and sections 168D.05 and 168D.12 relating to motor carrier licenses
43.32and trip permits,;
43.33    (2) enforcing Code of Federal Regulations, title 49, parts 40 and 382, and;
43.34    (3) enforcing the applicable rules, orders, or directives of the commissioner of
43.35transportation and the commissioner of revenue, issued under this chapter and chapter
44.1168D or 296A, but for no other purpose, have the powers conferred by law upon police
44.2officers. The powers include the authority to conduct;
44.3    (4) enforcing the North American uniform out-of-service criteria and issuing
44.4out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5;
44.5and
44.6    (5) conducting inspections at designated highway weigh stations or under other
44.7appropriate circumstances.

44.8    Sec. 71. Minnesota Statutes 2006, section 299D.03, subdivision 1, is amended to read:
44.9    Subdivision 1. Members, powers, and duties. (a) The commissioner is hereby
44.10authorized to employ and designate a chief supervisor, a chief assistant supervisor, and
44.11such assistant supervisors, sergeants and officers as are provided by law, who shall
44.12comprise the Minnesota State Patrol.
44.13    (b) The members of the Minnesota State Patrol shall have the power and authority:
44.14    (1) as peace officers to enforce the provisions of the law relating to the protection of
44.15and use of trunk highways;
44.16    (2) at all times to direct all traffic on trunk highways in conformance with law, and in
44.17the event of a fire or other emergency, or to expedite traffic or to insure safety, to direct
44.18traffic on other roads as conditions may require notwithstanding the provisions of law;
44.19    (3) to serve search warrants related to criminal motor vehicle and traffic violations
44.20and arrest warrants, and legal documents anywhere in the state;
44.21    (4) to serve orders of the commissioner of public safety or the commissioner's duly
44.22authorized agents issued under the provisions of the Driver's License Law, the Safety
44.23Responsibility Act, or relating to authorized brake- and light-testing stations, anywhere
44.24in the state and to take possession of any license, permit, or certificate ordered to be
44.25surrendered;
44.26    (5) to inspect official brake and light adjusting stations;
44.27    (6) to make appearances anywhere within the state for the purpose of conducting
44.28traffic safety educational programs and school bus clinics;
44.29    (7) to exercise upon all trunk highways the same powers with respect to the
44.30enforcement of laws relating to crimes, as sheriffs and police officers;
44.31    (8) to cooperate, under instructions and rules of the commissioner of public
44.32safety, with all sheriffs and other police officers anywhere in the state, provided that
44.33said employees shall have no power or authority in connection with strikes or industrial
44.34disputes;
44.35    (9) to assist and aid any peace officer whose life or safety is in jeopardy;
45.1    (10) as peace officers to provide security and protection to the governor, governor
45.2elect, either or both houses of the legislature, and state buildings or property in the manner
45.3and to the extent determined to be necessary after consultation with the governor, or a
45.4designee. Pursuant to this clause, members of the State Patrol, acting as peace officers
45.5have the same powers with respect to the enforcement of laws relating to crimes, as
45.6sheriffs and police officers have within their respective jurisdictions;
45.7    (11) to inspect school buses anywhere in the state for the purposes of determining
45.8compliance with vehicle equipment, pollution control, and registration requirements;
45.9    (12) as peace officers to make arrests for public offenses committed in their presence
45.10anywhere within the state. Persons arrested for violations other than traffic violations
45.11shall be referred forthwith to the appropriate local law enforcement agency for further
45.12investigation or disposition.; and
45.13    (13) to enforce the North American uniform out-of-service criteria and issue
45.14out-of-service orders, as defined in Code of Federal Regulations, title 49, section 383.5.
45.15    (c) The state may contract for State Patrol members to render the services described
45.16in this section in excess of their regularly scheduled duty hours and patrol members
45.17rendering such services shall be compensated in such amounts, manner and under such
45.18conditions as the agreement provides.
45.19    (d) Employees thus employed and designated shall subscribe an oath.

45.20    Sec. 72. Minnesota Statutes 2006, section 299D.06, is amended to read:
45.21299D.06 PATROL EMPLOYEES WHO ARE NOT TROOPERS.
45.22    (a) Department personnel must be classified employees assigned to the Division of
45.23State Patrol if they are employed to enforce:
45.24    (1) laws relating to motor vehicle equipment; school bus equipment; drivers'
45.25licenses; motor vehicle registration; motor vehicle size and weight; motor carrier
45.26insurance, registration, and safety; and motor vehicle petroleum taxes;
45.27    (2) Pollution Control Agency rules relating to motor vehicle noise abatement; and
45.28    (3) laws relating to directing the movement of vehicles.; and
45.29    (4) the North American uniform out-of-service criteria and issue out-of-service
45.30orders, as defined in Code of Federal Regulations, title 49, section 383.5.
45.31    (b) Employees engaged in these duties, while actually on the job during their
45.32working hours only, shall have power to:
45.33    (1) issue citations in lieu of arrest and continued detention; and
45.34    (2) prepare notices to appear in court for violation of these laws and rules, in the
45.35manner provided in section 169.91, subdivision 3.
46.1    (c) They shall not be armed and, except as provided in this section, shall have none
46.2of the other powers and privileges reserved to peace officers including the power to
46.3enforce traffic laws and regulations.

46.4    Sec. 73. Minnesota Statutes 2006, section 473.1465, is amended by adding a
46.5subdivision to read:
46.6    Subd. 4. Special transportation service assessment. As part of its annual
46.7update to the performance evaluation report under section 473.13, subdivision 1a, the
46.8Metropolitan Council shall include an assessment of progress towards meeting transit
46.9goals for people with disabilities. The assessment must include, but is not limited to, the
46.10following: a description of proposed program enhancements; an assessment of progress;
46.11identification of the estimated total number of potential and actual riders who are disabled;
46.12an assessment of the level and type of service required to meet unmet ridership needs; and
46.13an analysis of costs and revenue options, including a calculation of the amounts of surplus
46.14or insufficient funds available for achieving paratransit needs.
46.15EFFECTIVE DATE.This section is effective the day following final enactment.

46.16    Sec. 74. Laws 2002, chapter 393, section 85, is amended to read:
46.17    Sec. 85. DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.
46.18    Subdivision 1. Definition. For purposes of this section, "Dan Patch commuter rail
46.19line" means the commuter rail line between Northfield and Minneapolis identified in the
46.20metropolitan council's transit 2020 master plan as the Dan Patch line.
46.21    Subd. 2. Metropolitan council; prohibitions. The metropolitan council must not
46.22take any action or spend any money for study, planning, preliminary engineering, final
46.23design, or construction for the Dan Patch commuter rail line. The council must remove
46.24all references, other than references for historical purposes, to the Dan Patch commuter
46.25rail line from any future revisions to the council's transportation development guide and
46.26the council's regional transit master plan.
46.27    Subd. 3. Commissioner of transportation. The commissioner of transportation
46.28must not expend any money for study, planning, preliminary engineering, final design,
46.29or construction for the Dan Patch commuter rail line. The commissioner must remove
46.30all references, other than references for historical purposes, to the Dan Patch commuter
46.31rail line from any future revisions to the state transportation plan and the commissioner's
46.32commuter rail system plan.
47.1    Subd. 4. Regional rail authorities. No regional rail authority may expend any
47.2money for study, planning, preliminary engineering, final design, or construction for
47.3the Dan Patch commuter rail line.

47.4    Sec. 75. CREDIT CARD PAYMENT STUDY; PROPOSAL.
47.5    (a) By February 1, 2009, the commissioner of public safety shall submit a proposal
47.6to the chairs and ranking minority members of the senate and house of representatives
47.7committees with jurisdiction over transportation finance. The proposal must identify a
47.8method that allows the Department of Public Safety, its deputy registrars, and driver's
47.9license agents to collect by credit or debit card, motor vehicle registration taxes under
47.10Minnesota Statutes, section 168.013; motor vehicle certificates of title and related
47.11document fees under Minnesota Statutes, section 168A.29; motor vehicle sales tax under
47.12Minnesota Statutes, sections 297B.02 and 297B.025; and, driver's license and Minnesota
47.13identification card fees under Minnesota Statutes, section 171.06.
47.14    (b) The proposal must identify the total estimated statewide cost of the processing
47.15fees paid to either a vendor, financial institution, or credit card company. The proposal
47.16must consider options to finance the acceptance fees through either (1) state fee increases
47.17necessary to finance (i) the costs of credit and debit card processing fees paid to a
47.18processing vendor, (ii) the administrative costs of the department to implement the
47.19acceptance of credit and debit cards, including hardware and software costs of the
47.20department, its deputy registrars, and agents, and (iii) associated ongoing administrative
47.21cost increases, or (2) an agreement with a vendor that allows the addition of a convenience
47.22fee to each transaction to be paid directly by customers who choose to utilize credit or
47.23debit cards.
47.24    (c) The commissioner of public safety, with the assistance of the commissioners of
47.25finance and administration, shall develop a request for proposals from vendors, to be
47.26issued by August 1, 2009, to implement the acceptance of credit and debit payments by
47.27the Department of Public Safety, its deputy registrars, and agents. The department shall
47.28consult deputy registrars and driver's license agents in developing the request for proposals.

47.29    Sec. 76. ENGINE BRAKES; REGULATION BY MINNEAPOLIS.
47.30    Notwithstanding any other law or charter provision, the governing body of the city
47.31of Minneapolis may by ordinance restrict or prohibit the use of an engine brake on motor
47.32vehicles along Legislative Route No. 107, also known as marked Interstate Highway 394,
47.33beginning at the South Penn Avenue interchange in the city of Minneapolis and thence
47.34extending easterly to the terminus of marked Interstate Highway 394. Upon notification
47.35to the commissioner of transportation by the city of Minneapolis, the commissioner of
48.1transportation shall erect the appropriate signs, with the cost of the signs to be paid by the
48.2city. For purposes of this section, "engine brake" means any device that uses the engine
48.3and transmission to impede the forward motion of the motor vehicle by compression
48.4of the engine.
48.5EFFECTIVE DATE.This section is effective the day following final enactment.

48.6    Sec. 77. HIGHWAY CHANGES; REPEALERS; EFFECTIVE DATES;
48.7REVISOR INSTRUCTIONS.
48.8    Subdivision 1. Legislative Route No. 295 removed. (a) Minnesota Statutes 2006,
48.9section 161.115, subdivision 226, is repealed effective the day after the commissioner of
48.10transportation receives a copy of the agreement between the commissioner and the city of
48.11St. Peter to transfer jurisdiction of Legislative Route No. 295 to the city of St. Peter and
48.12notifies the revisor of statutes under paragraph (b).
48.13    (b) The revisor of statutes shall delete the route identified in paragraph (a) from
48.14Minnesota Statutes when the commissioner of transportation sends notice to the revisor in
48.15writing that the conditions required to transfer the route are satisfied.
48.16    Subd. 2. Legislative Route No. 335 removed. (a) Minnesota Statutes 2006,
48.17section 161.115, subdivision 266, is repealed effective the day after the commissioner of
48.18transportation receives a copy of the agreement between the commissioner and the city of
48.19St. Peter to transfer jurisdiction of Legislative Route No. 335 to the city of St. Peter and
48.20notifies the revisor of statutes under paragraph (b).
48.21    (b) The revisor of statutes shall delete the route identified in paragraph (a) from
48.22Minnesota Statutes when the commissioner of transportation sends notice to the revisor in
48.23writing that the conditions required to transfer the route are satisfied.

48.24    Sec. 78. JOEY'S LAW.
48.25    The amendment by this act to Minnesota Statutes 2006, section 171.07, subdivision
48.261, may be cited as "Joey's Law."

48.27    Sec. 79. RIGHT-OF-WAY TRANSFERRED TO STATE RAIL BANK.
48.28    (a) Notwithstanding Minnesota Statutes, section 16B.281, 16B.282, 92.45, or any
48.29other law to the contrary, the trunk highway right-of-way described in paragraph (b) is
48.30hereby transferred to the state rail bank under Minnesota Statutes, section 222.63, being
48.31a certain parcel of land located in the county of Otter Tail, state of Minnesota, being
48.32more particularly described in paragraph (b).
48.33    (b) All of Tracts A, B, and C described below:
49.1That part of Government Lot 1 of Section 12, Township 132 North, Range
49.243 West, Otter Tail County, Minnesota, lying Northeasterly of the former
49.3Southwesterly right-of-way line of the BNSF Railway Company (formerly the
49.4St. Paul, Minneapolis and Manitoba Railway Company);
49.6A strip of land 150 feet in width, being 75 feet on each side of the former
49.7centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
49.8and Manitoba Railway Company) across the SW1/4NW1/4 of Section 12,
49.9Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip
49.10extending from the South line to the West line of said SW1/4NW1/4; together
49.11with that part of said SW1/4NW1/4 adjoining and Westerly of the above
49.12described strip and Easterly of the Easterly right-of-way line of said railroad
49.13company as located prior to 1888;
49.15A strip of land 100 feet in width, being 50 feet on each side of the former
49.16centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
49.17and Manitoba Railway Company) across the E1/2NE1/4 of Section 11,
49.18Township 132 North, Range 43 West, Otter Tail County, Minnesota, said strip
49.19extending from the East to the North line of said E1/2NE1/4;
49.20together with that part of Tract D described below:
49.22A strip of land 100 feet in width, being 50 feet on each side of the former
49.23centerline of the BNSF Railway Company (formerly the St. Paul, Minneapolis
49.24and Manitoba Railway Company) across the E1/2 of Section 2, Township 132
49.25North, Range 43 West, Otter Tail County, Minnesota;
49.26which lies Southeasterly of a line run parallel with and distant 135 feet Southeasterly of
49.27Line 1 described below:
49.29Beginning at a point on the North and South Quarter line of said Section 2,
49.30distant 1,060.11 feet North of the South Quarter corner thereof; thence run
49.31Northeasterly at an angle of 72°36'15" (measured from North to East) from said
49.32North and South Quarter line for 1,600 feet and there terminating;
49.33together with all right of access, being the right of ingress to and egress from that part of
49.34Tract D hereinbefore described, not acquired herein, to the above described strip.

49.35    Sec. 80. REVISOR'S INSTRUCTION.
50.1    The revisor of statutes shall change the terms "type III school bus," "type III bus," and
50.2"type III Head Start bus" to "type III vehicle," and the terms "type III school buses," "type
50.3III buses," and "type III Head Start buses" to "type III vehicles," in Minnesota Statutes,
50.4chapters 169, 169A, and 171, and in Minnesota Rules, parts 7470.1400 and 7470.1500.

50.5    Sec. 81. REPEALER.
50.6Minnesota Statutes 2006, sections 168B.087, subdivision 2; and 169.145, are
50.7repealed.
50.8Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2a, is repealed.


50.11    Section 1. [219.372] WALKWAYS BY TRACK; GENERAL REQUIREMENTS;
50.12DEFINITIONS.
50.13    (a) Walkways may be surfaced with asphalt, concrete, planking, grating, native
50.14material, crushed material, or similar or other nonrevenue material. When crushed
50.15material is used, 100 percent of the material must be capable of passing through a
50.161-1/2-inch square sieve opening and 90 - 100 percent of the material must be capable
50.17of passing through a one-inch square sieve opening; provided however, a de minimus
50.18variation is not a violation of this paragraph when the rail carrier has made a good faith
50.19effort to comply with the percentage requirements. Smaller crushed material may be used
50.20where drainage and durability issues do not arise. Material that is three-fourths inch or
50.21less must conform with standards set forth by the American Railway Engineering and
50.22Maintenance of Way Association for switching lead tracks.
50.23    (b) Walkways must have a uniform surface and must be maintained in a safe
50.24condition without compromising track drainage.
50.25    (c) Cross slopes for walkways must not exceed one inch of elevation for each eight
50.26inches of horizontal length in any direction.
50.27    (d) Walkways must be a minimum width of two feet.
50.28    (e) Walkways within the scope of sections 219.372 to 219.378 must be kept free of
50.29spilled oil, sand, posts, rocks, and other hazards or obstructions.

50.30    Sec. 2. [219.373] NEW YARD TRACKS.
50.31    (a) Rail carriers shall provide walkways adjacent to those portions of yard tracks
50.32constructed after July 1, 2008, where rail carrier employees frequently work on the ground
50.33performing switching activities.
51.1    (b) For the purpose of this section, "frequently" means occurring at least five days
51.2per week, one shift per day.

51.3    Sec. 3. [219.374] OTHER TRACKS.
51.4    (a) Walkways in the following segments of track must be constructed with materials
51.5set forth in section 219.372 at walkways by main and secondary track switches and
51.6turnouts, walkways by siding track train inspection points, walkways by tracks where
51.7relief train crews frequently board or deboard trains en route, walkways by industry track
51.8turnouts and spotting areas, and walkways by main track within two miles in either
51.9direction of a track-side train detector, with a total walkway not less than 500 feet on
51.10both sides of track.
51.11    (b) Walkways by switch stands may have a wider apron from base of switch stand
51.12area and must be maintained in a safe condition without compromising track drainage.
51.13    (c) When the commissioner of transportation finds, after notice and hearing, that rail
51.14carrier employees who frequently work adjacent to a portion of track performing switching
51.15activities are exposed to safety hazards due to the lack of a walkway or to the condition of
51.16a walkway constructed before July 1, 2008, the commissioner shall order the rail carrier
51.17to construct a walkway adjacent to a portion of track where employees are performing
51.18switching activities, or require a rail carrier to modify an existing walkway in conformance
51.19with the standards set forth in section 219.373 within a reasonable period of time.
51.20    (d) For purposes of this section, "frequently" means at least five days per week, one
51.21shift per day, or any other period deemed "frequently" by the commissioner to warrant
51.22an order pursuant to this section.

51.23    Sec. 4. [219.375] EXCEPTIONS TO COMPLIANCE.
51.24    Rail carriers are excused from complying with sections 219.372 to 219.378 during
51.25maintenance activities or any period of heavy rain or snow, derailments, rock and earth
51.26slides, washouts, and similar weather or seismic conditions, and during a reasonable
51.27period afterwards to allow a return to compliance.

51.28    Sec. 5. [219.376] WAIVERS.
51.29    A rail carrier may petition the commissioner of transportation for a waiver of any
51.30provision of sections 219.372 to 219.378 pursuant to section 218.041 or other applicable
51.31statute.

51.32    Sec. 6. [219.377] COMPLAINTS; ENFORCEMENT.
51.33    (a) A formal complaint of an alleged violation of sections 219.372 to 219.378 may
51.34not be filed until the filing party has attempted to address the alleged violations with the
52.1rail carrier. Any complaint of an alleged violation of sections 219.372 to 219.378 must
52.2contain a written statement that the filing party has made a reasonable, good faith attempt
52.3to address the alleged violation with the rail carrier.
52.4    (b) All formal complaints filed with the commissioner of transportation must be
52.5resolved pursuant to procedures set forth in section 218.041 or other applicable statute.

52.6    Sec. 7. [219.378] WALKWAY EXEMPTIONS.
52.7    (a) Sections 219.372, paragraphs (a), (c), and (d); 219.373; and 219.374, paragraphs
52.8(a) and (b), do not apply to track placed in revenue service before the effective date of
52.9this section until the date and time track and supporting structure are repaired, replaced,
52.10resurfaced, or as otherwise ordered by the commissioner of transportation pursuant to
52.11section 219.374 to eliminate an unsafe or hazardous condition.
52.12    (b) A small business that owns or operates any track in this state is exempt from
52.13sections 219.372, paragraphs (a), (c), and (d); 219.373; 219.374, paragraphs (a) and (b);
52.14219.375; and 219.376. On determining after notice and hearing that exempting a small
52.15business that owns or operates any track in this state pursuant to paragraph (a) poses
52.16an unreasonable threat or substantial harm to the public safety, the commissioner of
52.17transportation shall order that business to eliminate any unsafe walkway condition.
52.18    (c) As used in this section, "small business" either has the meaning given in section
52.19645.445 or is a class three carrier as classified by the Federal Railroad Administration.

52.20    Sec. 8. SHORT TITLE.
52.21    Sections 1 to 7 may be cited as the "Railroad Walkway Safety Act."

52.22    Sec. 9. EFFECTIVE DATE.
52.23    This article is effective July 1, 2008.


52.26    Section 1. Minnesota Statutes 2006, section 221.011, subdivision 23, is amended to
52.27read:
52.28    Subd. 23. Household goods. "Household goods" means personal effects and
52.29property used or to be used by the owner in the owner's in a dwelling when the effects
52.30and property are a part of the equipment or supply of the dwelling; furniture, fixtures,
52.31equipment and property of business places and institutions, public or private, when a part
52.32of the stock, equipment, supplies or property of such establishments.

53.1    Sec. 2. Minnesota Statutes 2006, section 221.011, is amended by adding a subdivision
53.2to read:
53.3    Subd. 23a. Household goods motor carrier. (a) "Household goods motor carrier"
53.4means, in general, a motor carrier that, in the ordinary course of its business of providing
53.5transportation of household goods within the state of Minnesota, offers some or all of
53.6the following additional services:
53.7    (1) binding and nonbinding estimates;
53.8    (2) inventorying;
53.9    (3) protective packing and unpacking of individual items at personal dwellings; or
53.10    (4) loading and unloading at personal dwellings.
53.11    (b) A household goods motor carrier does not include any motor carrier providing
53.12transportation of household goods in containers or trailers that are entirely loaded and
53.13unloaded by an individual other than an employee or agent of the motor carrier.

53.14    Sec. 3. [221.0253] HOUSEHOLD GOODS MOTOR CARRIERS;
53.15REGISTRATION.
53.16    Subdivision 1. Registration required. No person may operate as a household
53.17goods motor carrier unless the person has been issued a certificate of registration by
53.18the commissioner.
53.19    Subd. 2. Registration statement. A person who wishes to operate as a household
53.20goods motor carrier shall file a complete and accurate registration statement with the
53.21commissioner. A registration statement must be on a form provided by the commissioner
53.22and include:
53.23    (1) the registrant's name, including an assumed or fictitious name used by the
53.24registrant in doing business;
53.25    (2) the registrant's mailing address and business telephone number;
53.26    (3) the registrant's United States Department of Transportation number;
53.27    (4) the name, title, and telephone number of the individual who is principally
53.28responsible for the operation of the registrant's transportation business;
53.29    (5) the principal location from which the registrant conducts its transportation
53.30business and where the records required by this chapter will be kept;
53.31    (6) if different from clause (5), the location in Minnesota where the records required
53.32by this chapter will be available for inspection and copying by the commissioner;
53.33    (7) whether the registrant's business is a corporation, partnership, limited liability
53.34partnership, limited liability company, sole proprietorship, or other legal form;
54.1    (8) if the registrant is a foreign corporation authorized to transact business in
54.2Minnesota, the state of incorporation and the name and address of its registered agent; and
54.3    (9) the summary of the registrant's arbitration program, described in Code of Federal
54.4Regulations, title 49, section 375.211, paragraph (b), as required under section 221.0255.
54.5    Subd. 3. Signature required. A registration statement must be signed by a corporate
54.6officer, general partner, limited liability company board member, or sole proprietor.
54.7    Subd. 4. Registration fee. An initial fee of $200 must be paid at the time the
54.8registration statement is filed with the commissioner. The commissioner shall deposit all
54.9revenues received under this subdivision in the trunk highway fund.
54.10    Subd. 5. Certificate of registration; issuance. (a) The commissioner shall issue
54.11a certificate of registration to a registrant who does not have an unsatisfactory safety
54.12rating with the state or United States Department of Transportation and who has met
54.13the requirements of this section.
54.14    (b) A certificate of registration must be numbered and bear an effective date.
54.15    (c) A certificate of registration must be kept at the registrant's principal place of
54.16business.
54.17    Subd. 6. Duration. A certificate of registration is not assignable or transferable, and
54.18is valid until it is suspended, revoked, or canceled.
54.19    Subd. 7. Obligation to keep information current. A registrant shall notify the
54.20commissioner in writing within 30 days of any change in the information required under
54.21subdivision 2.
54.22    Subd. 8. Suspension and cancellation of registration. (a) The commissioner shall
54.23suspend or cancel the registration of a household goods motor carrier who fails to file with
54.24the commissioner or maintain the insurance or bond required under section 221.141.
54.25    (b) The commissioner shall immediately suspend the registration of a household
54.26goods motor carrier who receives an unsatisfactory safety rating. Within 30 days of
54.27receiving a written request from the household goods motor carrier, the commissioner
54.28shall conduct one follow-up compliance audit to determine if the safety rating of the motor
54.29carrier should be changed, or if the suspension should be rescinded. The commissioner
54.30may conduct additional compliance reviews.
54.31    (c) The commissioner may suspend or cancel the registration of a household goods
54.32motor carrier who fails to maintain an arbitration program or comply with a binding
54.33arbitration decision under section 221.0255, subdivision 1.
54.34    (d) The commissioner shall follow the procedures under section 221.185 for any
54.35suspension or cancellation under this subdivision.
55.1    (e) A person may not operate as a household goods motor carrier while the person's
55.2registration is suspended or canceled.

55.3    Sec. 4. [221.0255] HOUSEHOLD GOODS MOTOR CARRIERS; CONSUMER
55.4PROTECTION.
55.5    Subdivision 1. Incorporation of federal regulations. (a) Code of Federal
55.6Regulations, title 49, section 375.103, is incorporated by reference, except that "household
55.7goods" and "household goods motor carrier" have the meanings given in section 221.011.
55.8Code of Federal Regulations, title 49, sections 375.209, 375.211, 375.401, 375.403,
55.9375.405, 375.407, 375.501, 375.503, 375.505, 375.603, and 375.703, are incorporated
55.10by reference and apply to household goods motor carriers. Cross-references within the
55.11incorporated sections to other sections or paragraphs not incorporated in this subdivision
55.12are not incorporated by reference.
55.13    (b) Sections 572.08 to 572.30 apply to the arbitration program required under Code
55.14of Federal Regulations, title 49, section 375.211.
55.15    (c) For an original estimate provided under Code of Federal Regulations, title 49,
55.16sections 375.401, paragraph (a); 375.403, paragraph (a)(1); and 375.405, paragraph (b)(1),
55.17a household goods motor carrier may provide an original binding or nonbinding estimate
55.18to the shipper without a physical survey, if the estimate is based on (1) services to be
55.19provided and (2) the anticipated number of hours and number of employees required.
55.20    (d) For a revised estimate provided under Code of Federal Regulations, title 49,
55.21sections 375.403, paragraph (a)(6) and 375.405, paragraph (b)(7), a household goods
55.22motor carrier may provide a revised binding or nonbinding estimate to the shipper based
55.23on revised services to be provided and the revised anticipated number of hours and
55.24number of employees required.
55.25    (e) A household goods motor carrier's total charges to the shipper under paragraphs
55.26(c) and (d) must meet the requirements under this subdivision.
55.27    Subd. 2. Impracticable operations. (a) For purposes of this subdivision,
55.28"impracticable operations" means additional services required by a household goods
55.29motor carrier (1) when operating conditions and reasonably unforeseen events make
55.30it physically impossible for the carrier to perform pickup or delivery with the carrier's
55.31normally assigned road-haul equipment, (2) when the use of smaller equipment or
55.32additional labor to complete pickup or delivery of a shipment is required, or (3) when
55.33additional hours of service are required because of reasonably unpredictable changes in
55.34weather or road conditions.
56.1    (b) A household goods motor carrier may require payment of additional charges up
56.2to 15 percent above a binding or nonbinding estimate for impracticable operations. The
56.3specific services or unforeseeable conditions considered to be impracticable operations
56.4by the carrier must be defined in writing in the carrier's binding or nonbinding estimate
56.5provided to the consumer. A household goods motor carrier is not required to file the
56.6contractual definitions of "impracticable operations" with the commissioner.
56.7    Subd. 3. Cause of action. A person who is injured by a household goods motor
56.8carrier due to a violation under subdivision 1, and who is unable to obtain relief due to the
56.9failure of the motor carrier to maintain an arbitration program or comply with a binding
56.10arbitration decision under subdivision 1, has a cause of action against the household goods
56.11motor carrier. Damages may be awarded to the consumer for economic loss, including
56.12damage, destruction, and loss of use of personal property, and reasonable attorney fees.
56.13    Subd. 4. Advertising. A household goods motor carrier must include in all
56.14advertisements for all services the following elements:
56.15    (1) the name or trade name of the household goods motor carrier, as it appears on
56.16the certificate of registration issued by the commissioner under section 221.0253, or the
56.17name or trade name of the motor carrier under whose operating authority the advertised
56.18service will originate; and
56.19    (2) the United States Department of Transportation number of the household goods
56.20motor carrier.

56.21    Sec. 5. HOUSEHOLD GOODS MOTOR CARRIERS; EXPIRATION AND
56.22CONVERSION OF PERMITS.
56.23    Subdivision 1. Expiration of permits. Any permit issued by the commissioner
56.24before August 1, 2008, that authorizes for-hire transportation of household goods in
56.25Minnesota is valid through December 31, 2008.
56.26    Subd. 2. Conversion to registration. A holder of a permit that expires under
56.27subdivision 1 who wishes to continue as a household goods motor carrier shall meet the
56.28requirements of section 221.0253 before January 1, 2009. Prior to January 1, 2009, the
56.29commissioner shall not charge the registration fee under section 221.0253, subdivision
56.304, for a permit holder to obtain a registration certificate.


56.33    Section 1. Minnesota Statutes 2006, section 168.013, subdivision 1e, is amended to
56.34read:
57.1    Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors
57.2except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
57.3combinations except those defined as farm combinations, and on commercial zone
57.4vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
57.5base rate schedule prescribed in this subdivision, but in no event less than $120.

57.9		TOTAL GROSS WEIGHT
57.10		IN POUNDS					TAX
57.11		A	0	-	1,500		$ 15
57.12		B	1,501	-	3,000		20
57.13		C	3,001	-	4,500		25
57.14		D	4,501	-	6,000		35
57.15		E	6,001	-	9,000		45
57.16		F	9,001	-	12,000		70
57.17		G	12,001	-	15,000		105
57.18		H	15,001	-	18,000		145
57.19		I	18,001	-	21,000		190
57.20		J	21,001	-	26,000		270
57.21		K	26,001	-	33,000		360
57.22		L	33,001	-	39,000		475
57.23		M	39,001	-	45,000		595
57.24		N	45,001	-	51,000		715
57.25		O	51,001	-	57,000		865
57.26		P	57,001	-	63,000		1015
57.27		Q	63,001	-	69,000		1185
57.28		R	69,001	-	73,280		1325
57.29		S	73,281	-	78,000		1595
57.30		T	78,001	-	81,000		1760

57.31    (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
57.32axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.
57.33    (c) For each vehicle with a gross weight in excess of 81,000 pounds an additional
57.34tax of $50 is imposed for each ton or fraction thereof in excess of 81,000 pounds, subject
57.35to subdivision 12.
57.36    (d) Truck-tractors except those herein defined as farm and commercial zone vehicles
57.37shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
57.38combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
57.39applicant proposes to combine with the truck-tractor.
58.1    (e) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
58.2combinations which are:
58.3    (1) used by an authorized local cartage carrier operating under a permit issued
58.4under section 221.296 and whose gross transportation revenue consists of at least 60
58.5percent obtained solely from local cartage carriage, and are operated solely within an area
58.6composed of two contiguous cities of the first class and municipalities contiguous thereto
58.7as defined by section 221.011, subdivision 17; or
58.8    (2) operated by an interstate carrier registered under section 221.60, or by an
58.9authorized local cartage carrier or other carrier receiving operating authority under chapter
58.10221, and operated solely within a zone exempt from regulation pursuant to United States
58.11Code, title 49, section 13506.
58.12    (f) The license plates issued for commercial zone vehicles shall be plainly marked.
58.13A person operating a commercial zone vehicle outside the zone or area in which its
58.14operation is authorized is guilty of a misdemeanor and, in addition to the penalty therefor,
58.15shall have the registration of the vehicle as a commercial zone vehicle revoked by the
58.16registrar and shall be required to reregister the vehicle at 100 percent of the full annual tax
58.17prescribed in the Minnesota base rate schedule, and no part of this tax shall be refunded
58.18during the balance of the registration year.
58.19    (g) On commercial zone trucks the tax shall be based on the total gross weight of the
58.20vehicle and during each of the first eight years of vehicle life shall be 75 percent of the
58.21Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
58.22tax shall be 50 percent of the Minnesota base rate schedule.
58.23    (h) On trucks, truck-tractors and semitrailer combinations, except those defined
58.24as farm trucks and farm combinations, and except for those commercial zone vehicles
58.25specifically provided for in this subdivision, the tax for each of the first eight years of
58.26vehicle life shall be 100 percent of the tax imposed in the Minnesota base rate schedule,
58.27and during the ninth and succeeding years of vehicle life, the tax shall be 75 percent of the
58.28Minnesota base rate prescribed by this subdivision.
58.29    (i) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
58.30combination are semitrailers.

58.31    Sec. 2. Minnesota Statutes 2006, section 174.64, subdivision 2, is amended to read:
58.32    Subd. 2. Specific functions and powers. (a) To the extent allowed under federal
58.33law or regulation, the commissioner shall further hold hearings and issue orders in cases
58.34brought on the commissioner's own motion or by a third party in the following areas:
59.1    (1) adequacy of services that carriers are providing to the public, including the
59.2continuation, termination, or modification of services and facilities;
59.3    (2) reasonableness of tariffs of rates, fares, and charges, or a part or classification
59.4of a tariff; and
59.5    (3) issuing permits.
59.6    (b) For purposes of paragraph (a), clause (2), the commissioner may authorize
59.7common carriers by rail and motor carriers for hire to file tariffs of rates, fares, and
59.8charges individually or by group. Carriers participating in group ratemaking have the free
59.9and unrestrained right to take independent action either before or after a determination
59.10arrived at through that procedure.

59.11    Sec. 3. Minnesota Statutes 2006, section 174.64, subdivision 4, is amended to read:
59.12    Subd. 4. Petition, notice, and hearing. (a) With respect to those matters within
59.13the commissioner's jurisdiction, the commissioner shall receive, hear, and determine all
59.14petitions filed with the commissioner in accordance with the procedures established by law
59.15and may hold hearings and make determinations upon the commissioner's own motion to
59.16the same extent, and in every instance, in which the commissioner may do so upon petition.
59.17    (b) Upon receiving a petition filed pursuant to section 221.121, subdivision 1, or
59.18221.151, the commissioner shall give notice of the filing of the petition to representatives
59.19of associations or other interested groups or persons who have registered their names
59.20with the commissioner for that purpose and to whomever the commissioner deems to be
59.21interested in the petition. The commissioner may grant or deny the request of the petition
59.2230 days after notice of the filing has been fully given.
59.23    (c) If the commissioner receives a written objection and notice of intent to appear at
59.24a hearing to object to the petition from any person within 20 days of the notice having been
59.25fully given, the request of the petition must be granted or denied only after a contested
59.26case hearing has been conducted on the petition, unless the objection is withdrawn before
59.27the hearing. The commissioner may elect to hold a contested case hearing if no objections
59.28to the petition are received. If a timely objection is not received, or if received and
59.29withdrawn, and the request of the petition is denied without hearing, the petitioner may
59.30request within 30 days of receiving the notice of denial, and must be granted, a contested
59.31case hearing on the petition.

59.32    Sec. 4. Minnesota Statutes 2006, section 174.66, is amended to read:
59.33174.66 CONTINUATION OF CARRIER RULES.
59.34    (a) Orders and directives in force, issued, or promulgated under authority of chapters
59.35174A, 216A, 218, 219, 221, and 222 remain and continue in force and effect until repealed,
60.1modified, or superseded by duly authorized orders or directives of the commissioner of
60.2transportation. To the extent allowed under federal law or regulation, rules adopted under
60.3authority of the following sections are transferred to the commissioner of transportation
60.4and continue in force and effect until repealed, modified, or superseded by duly authorized
60.5rules of the commissioner:
60.6    (1) section 218.041 except rules related to the form and manner of filing railroad
60.7rates, railroad accounting rules, and safety rules;
60.8    (2) section 219.40; and
60.9    (3) rules relating to rates or tariffs, or the granting, limiting, or modifying of permits
60.10or certificates of convenience and necessity under section 221.031, subdivision 1;.
60.11    (4) rules relating to the sale, assignment, pledge, or other transfer of a stock interest
60.12in a corporation holding authority to operate as a permit carrier as prescribed in section
60.13221.151, subdivision 1;
60.14    (5) rules relating to rates, charges, and practices under section 221.161, subdivision
60.154 ; and
60.16    (6) rules relating to rates, tariffs, or the granting, limiting, or modifying of permits
60.17under sections 221.121 and 221.151.
60.18    (b) The commissioner shall review the transferred rules, orders, and directives and,
60.19when appropriate, develop and adopt new rules, orders, or directives.

60.20    Sec. 5. Minnesota Statutes 2006, section 221.011, subdivision 8, is amended to read:
60.21    Subd. 8. Permit. "Permit" means the license, or franchise, which may be issued to
60.22motor carriers other than regular route common carriers of passengers, class I common
60.23carriers, and petroleum carriers, and household goods motor carriers under the provisions
60.24of this chapter, authorizing the use of the highways of Minnesota for transportation for hire.

60.25    Sec. 6. Minnesota Statutes 2006, section 221.025, is amended to read:
60.26221.025 EXEMPTIONS.
60.27    The provisions of this chapter requiring a certificate or permit to operate as a motor
60.28carrier do not apply to the intrastate transportation described below:
60.29    (1) the transportation of students to or from school or school activities in a school
60.30bus inspected and certified under section 169.451 and the transportation of children or
60.31parents to or from a Head Start facility or Head Start activity in a Head Start bus inspected
60.32and certified under section 169.451;
60.33    (2) the transportation of solid waste, as defined in section 116.06, subdivision 22,
60.34including recyclable materials and waste tires, except that the term "hazardous waste" has
60.35the meaning given it in section 221.011, subdivision 31;
61.1    (3) a commuter van as defined in section 221.011, subdivision 27;
61.2    (4) authorized emergency vehicles as defined in section 169.01, subdivision 5,
61.3including ambulances; and tow trucks equipped with proper and legal warning devices
61.4when picking up and transporting (i) disabled or wrecked motor vehicles or (ii) vehicles
61.5towed or transported under a towing order issued by a public employee authorized to
61.6issue a towing order;
61.7    (5) the transportation of grain samples under conditions prescribed by the
61.8commissioner;
61.9    (6) the delivery of agricultural lime;
61.10    (7) the transportation of dirt and sod within an area having a 50-mile radius from the
61.11home post office of the person performing the transportation;
61.12    (8) the transportation of sand, gravel, bituminous asphalt mix, concrete ready mix,
61.13concrete blocks or tile and the mortar mix to be used with the concrete blocks or tile, or
61.14crushed rock to or from the point of loading or a place of gathering within an area having a
61.1550-mile radius from that person's home post office or a 50-mile radius from the site of
61.16construction or maintenance of public roads and streets;
61.17    (9) the transportation of pulpwood, cordwood, mining timber, poles, posts, decorator
61.18evergreens, wood chips, sawdust, shavings, and bark from the place where the products
61.19are produced to the point where they are to be used or shipped;
61.20    (10) the transportation of fresh vegetables from farms to canneries or viner stations,
61.21from viner stations to canneries, or from canneries to canneries during the harvesting,
61.22canning, or packing season, or transporting sugar beets, wild rice, or rutabagas from the
61.23field of production to the first place of delivery or unloading, including a processing
61.24plant, warehouse, or railroad siding;
61.25    (11) the transportation of property or freight, other than household goods and
61.26petroleum products in bulk, entirely within the corporate limits of a city or between
61.27contiguous cities except as provided in section 221.296;
61.28    (12) the transportation of unprocessed dairy products in bulk within an area having a
61.29100-mile radius from the home post office of the person providing the transportation;
61.30    (13) the transportation of agricultural, horticultural, dairy, livestock, or other farm
61.31products within an area having a 100-mile radius from the person's home post office and
61.32the carrier may transport other commodities within the 100-mile radius if the destination
61.33of each haul is a farm;
61.34    (14) the transportation of newspapers, as defined in section 331A.01, subdivision
61.355 , telephone books, handbills, circulars, or pamphlets in a vehicle with a gross vehicle
61.36weight of 10,000 pounds or less; and
62.1    (15) the transportation of potatoes from the field of production, or a storage site
62.2owned or otherwise controlled by the producer, to the first place of processing.
62.3The exemptions provided in this section apply to a person only while the person is
62.4exclusively engaged in exempt transportation.

62.5    Sec. 7. Minnesota Statutes 2006, section 221.026, is amended to read:
62.6221.026 MOTOR CARRIER OF PROPERTY; EXEMPTIONS.
62.7    Subdivision 1. Registration. No person may engage in the for-hire transportation
62.8of property, other than household goods, in Minnesota unless the person has filed a
62.9registration statement with the commissioner on a form the commissioner prescribes.
62.10    Subd. 2. Exemptions from requirements. Notwithstanding any other law, a motor
62.11carrier of property is exempt from sections 221.021; 221.072; 221.121; 221.122; 221.123;
62.12221.131 ; 221.132; 221.151; 221.161; 221.172, subdivisions 3 to 8; and 221.185, except as
62.13provided in subdivision 4; and 221.296. The exemptions in this subdivision do not apply
62.14to a motor carrier of property while transporting household goods.
62.15    Subd. 3. Safety regulations. A motor carrier of property is subject to those federal
62.16regulations incorporated by reference in section 221.0314, unless exempted from those
62.17regulations by section 221.031.
62.18    Subd. 4. Suspension and cancellation of registration. The commissioner
62.19shall suspend or cancel, following the procedures for suspension or cancellation in
62.20section 221.185, the registration of a motor carrier of property who fails to file with the
62.21commissioner or maintain the insurance or bond required under section 221.141. A person
62.22may not engage in the for-hire transportation of property, other than household goods,
62.23in Minnesota while the person's registration is under suspension or cancellation under
62.24this subdivision.
62.25    Subd. 5. Local regulation. Section 221.091 applies to registration statements
62.26under this section to the same extent that it applies to certificates and permits issued by
62.27the board commissioner.

62.28    Sec. 8. Minnesota Statutes 2006, section 221.031, subdivision 1, is amended to read:
62.29    Subdivision 1. Powers, duties, reports, limitations. (a) This subdivision applies to
62.30motor carriers engaged in intrastate commerce.
62.31    (b) The commissioner shall prescribe rules for the operation of motor carriers,
62.32including their facilities; accounts; leasing of vehicles and drivers; service; safe operation
62.33of vehicles; equipment, parts, and accessories; hours of service of drivers; driver
62.34qualifications; accident reporting; identification of vehicles; installation of safety devices;
63.1inspection, repair, and maintenance; and proper automatic speed regulators if, in the
63.2opinion of the commissioner, there is a need for the rules.
63.3    (c) The commissioner shall direct the repair and reconstruction or replacement of
63.4an inadequate or unsafe motor carrier vehicle or facility. The commissioner may require
63.5the construction and maintenance or furnishing of suitable and proper freight terminals,
63.6passenger depots, waiting rooms, and accommodations or shelters in a city in this state or
63.7at a point on the highway traversed which that the commissioner, after investigation by the
63.8department, may deem deems just and proper for the protection of passengers or property.
63.9    (d) The commissioner shall require holders of household goods mover permits to file
63.10annual and other reports including annual accounts of motor carriers, schedules of rates
63.11and charges, or other data by motor carriers, regulate motor carriers in matters affecting
63.12the relationship between them and the traveling and shipping public, and prescribe other
63.13rules as may be necessary to carry out the provisions of this chapter.
63.14    (e) A motor carrier subject to paragraph (d) but having gross revenues from for-hire
63.15transportation in a calendar year of less than $200,000 may, at the discretion of the
63.16commissioner, be exempted from the filing of an annual report, if instead the motor carrier
63.17files an abbreviated annual report, in a form as may be prescribed by the commissioner,
63.18attesting that the motor carrier's gross revenues did not exceed $200,000 in the previous
63.19calendar year. Motor carrier gross revenues from for-hire transportation, for the purposes
63.20of this subdivision only, do not include gross revenues received from the operation of
63.21school buses as defined in section 169.01, subdivision 6.
63.22    (f) The commissioner shall enforce sections 169.781 to 169.783.

63.23    Sec. 9. Minnesota Statutes 2006, section 221.036, subdivision 1, is amended to read:
63.24    Subdivision 1. Order. The commissioner may issue an order requiring violations
63.25to be corrected and administratively assessing monetary penalties for a violation of (1)
63.26section 221.021; (2) section 221.0255; (3) section 221.033, subdivision 2b; (3) section
63.27221.151; (4) section 221.171; (5) (4) section 221.141; or (6) (5) rules of the commissioner
63.28relating to the transportation of hazardous waste, motor carrier operations, or insurance, or
63.29tariffs and accounting. An order must be issued as provided in this section.

63.30    Sec. 10. Minnesota Statutes 2006, section 221.036, subdivision 3, is amended to read:
63.31    Subd. 3. Amount of penalty; considerations. (a) The commissioner may issue an
63.32order assessing a penalty of up to $5,000 for all violations of section 221.021; 221.141;
63.33221.151; or 221.171, or rules of the commissioner relating to motor carrier operations,
63.34insurance, or tariffs and accounting, identified under subdivision 1, except for rules of the
64.1commissioner relating to the transportation of hazardous waste or as otherwise provided
64.2under paragraph (b), identified during a single inspection, audit, or investigation.
64.3    (b) The commissioner may issue an order assessing a penalty up to a maximum of
64.4$10,000 for all violations of section 221.033, subdivision 2b, identified during a single
64.5inspection or audit.
64.6    (c) In determining the amount of a penalty, the commissioner shall consider:
64.7    (1) the willfulness of the violation;
64.8    (2) the gravity of the violation, including damage to humans, animals, air, water,
64.9land, or other natural resources of the state;
64.10    (3) the history of past violations, including the similarity of the most recent violation
64.11and the violation to be penalized, the time elapsed since the last violation, the number of
64.12previous violations, and the response of the person to the most recent violation identified;
64.13    (4) the economic benefit gained by the person by allowing or committing the
64.14violation; and
64.15    (5) other factors as justice may require, if the commissioner specifically identifies
64.16the additional factors in the commissioner's order.
64.17    (d) The commissioner shall assess a penalty of not less than $1,000 against a driver
64.18who is convicted of a violation of an out-of-service order. The commissioner shall assess
64.19a penalty of not more than $10,000 against an employer who knowingly allows or requires
64.20an employee to operate a commercial motor vehicle in violation of an out-of-service order.

64.21    Sec. 11. Minnesota Statutes 2006, section 221.131, is amended to read:
64.22221.131 CARRIER ANNUAL VEHICLE REGISTRATION; FEES,
64.23IDENTIFICATION CARD FOR MOTOR CARRIERS OF PASSENGERS.
64.24    Subdivision 1. Permit Registration renewal. Permits Certificates of registration
64.25issued under section 221.121 to a motor carrier of passengers under section 221.0252
64.26are effective for a 12-month period. A permit certificate of registration holder must
64.27shall renew the permit certificate annually by registration of the vehicles operated under
64.28authority of that permit as required by subdivision 2 certificate. A permit certificate holder
64.29has one annual renewal date encompassing all of the permits certificates held by the holder.
64.30    Subd. 2. Annual vehicle registration; fee. (a) This subdivision applies only to
64.31holders of household goods mover permits and motor carriers of passengers.
64.32    (b) A permit holder or motor carrier of passengers shall pay an annual registration
64.33fee of $75 on each vehicle, including pickup and delivery vehicles, operated by the carrier
64.34under authority of the permit or certificate of registration during the 12-month period or
64.35fraction of the 12-month period. Trailers and semitrailers used by a permit certificate
65.1holder in combination with power units may not be counted as vehicles in the computation
65.2of fees under this section if the permit holder pays the fees for power units.
65.3    (c) (b) The commissioner shall furnish a distinguishing annual identification card for
65.4each vehicle or power unit for which a fee has been paid. The identification card must
65.5at all times be carried in the vehicle or power unit to which it has been assigned. An
65.6identification card may be reassigned to another vehicle or power unit upon application
65.7of the carrier and payment of a transfer fee of $10. An identification card issued under
65.8this section is valid only for the period for which the permit or certificate of registration is
65.9effective.
65.10    (d) (c) A fee of $10 is charged for the replacement of an unexpired identification
65.11card that has been lost.
65.12    (e) (d) The proceeds of the fees collected under this subdivision must be deposited in
65.13the trunk highway fund.
65.14    Subd. 2a. Vehicle identification. The permit holder must be identified on the
65.15power unit of each registered vehicle operated under the permit. Vehicles must show the
65.16name or the "doing business as" name of the permit holder operating the vehicle and
65.17the community and abbreviation of the state in which the permit holder maintains its
65.18principal office or in which the vehicle is customarily based. If the permit holder operates
65.19a leased vehicle, it may show its name and the name of the lessor on the vehicle, if the
65.20lease relationship is clearly shown. If the name of a person other than the operating permit
65.21holder appears on the vehicle, the words "operated by" must immediately precede the
65.22name of the permit holder. The name and address must be in letters that contrast sharply in
65.23color with the background, be readily legible during daylight hours from a distance of 50
65.24feet while the vehicle is stationary, and be maintained in a manner that retains the legibility
65.25of the markings. The name and address may be shown by use of a removable device if that
65.26device meets the identification and legibility requirements of this subdivision.
65.27    Subd. 3. Certificate carrier; annual vehicle registration. Certificated passenger
65.28carriers shall pay an annual registration fee of $40 for each vehicle, including pickup
65.29and delivery vehicles, operated during a calendar year. The commissioner shall issue
65.30distinguishing identification cards as provided in subdivision 2.
65.31    Subd. 4. Floater card; fee. The department may issue to carriers subject to
65.32subdivision 2 or 3 special "floater" identification cards up to a maximum of five per motor
65.33carrier. Floater cards may be freely transferred between vehicles that have evidence of
65.34being inspected under section 221.0252, subdivision 3, paragraph (a), clause (2), within
65.35the previous 12 months, or have a current Commercial Vehicle Safety Alliance decal, and
66.1that are used under short-term leases by the motor carrier. The motor carrier shall pay a
66.2fee of $100 for each floater card issued.
66.3    Subd. 5. Limitation. The provisions of this section are limited by applicable
66.4federal law.

66.5    Sec. 12. Minnesota Statutes 2006, section 221.132, is amended to read:
66.6221.132 PREPAID TEMPORARY VEHICLE IDENTIFICATION CARD.
66.7    For special or extraordinary events, the commissioner may issue a prepaid
66.8temporary vehicle identification card to a permit or certificate holder subject to section
66.9221.131, subdivision 2 or 3, for a fee of $5 per card. The card must be preprinted by the
66.10commissioner with the carrier's name, address, and permit or certificate number. The card
66.11may be used by the motor carrier to whom it is issued to identify a vehicle temporarily
66.12added to its fleet, if the vehicle has evidence of being inspected under section 221.0252,
66.13subdivision 3 , paragraph (a), clause (2), within the previous 12 months, or has a current
66.14Commercial Vehicle Safety Alliance decal. The card must be executed by the motor carrier
66.15by dating and signing the card and describing the vehicle in which it will be carried. The
66.16identification card is valid for a period of ten days from the date the motor carrier places
66.17on the card when the card is executed. The card must be used within one year from the
66.18date of issuance by the commissioner. The card may not be used if the permit or certificate
66.19is not in full force and effect. The card may not be transferred. The commissioner may not
66.20refund the cost of unused prepaid temporary vehicle identification cards.

66.21    Sec. 13. Minnesota Statutes 2006, section 221.141, subdivision 4, is amended to read:
66.22    Subd. 4. Household goods mover motor carrier. A household goods mover motor
66.23carrier shall maintain in effect cargo insurance or cargo bond in the amount of $50,000
66.24and shall file with the commissioner a cargo certificate of insurance or cargo bond. A
66.25cargo certificate of insurance must conform to Form H, Uniform Motor Cargo Certificate
66.26of Insurance, described in Code of Federal Regulations, title 49, part 1023. A cargo bond
66.27must conform to Form J, described in Code of Federal Regulations, title 49, part 1023.
66.28Both Form H and Form J are incorporated by reference. The cargo certificate of insurance
66.29or cargo bond must be issued in the full and correct name of the person, corporation, or
66.30partnership to whom the household goods mover permit certificate of registration was
66.31issued and whose operations are being insured.

66.32    Sec. 14. Minnesota Statutes 2006, section 221.185, is amended to read:
66.33221.185 OPERATING AUTHORITY; SUSPENSION, CANCELLATION.
67.1    Subdivision 1. Grounds Order for suspension. Despite the provisions of section
67.2221.021 , a household goods mover permit or a motor carrier certificate of registration
67.3issued under section 221.0251 or, 221.0252, or 221.0253 is suspended without a hearing,
67.4by order of the commissioner, if the permit certificate holder or carrier fails to:
67.5    (1) maintain and file with the commissioner, the insurance or bond required by
67.6section 221.141 and rules adopted under that section or the carrier or permit holder fails to;
67.7    (2) pay annual vehicle registration fees or renew permits as required by section
67.8221.131 , or the permit holder or carrier fails to; or
67.9    (3) pay an administrative penalty under section 221.036.
67.10    Subd. 2. Notice of suspension. (a) Failure to file and maintain insurance, renew
67.11permits under section 221.131, or to pay annual vehicle registration fees or renew
67.12permits under section 221.131 or 221.296, or to maintain in good standing a protective
67.13agent's or private detective's license required under section 221.121, subdivision 6g, or
67.14221.153, subdivision 3, suspends a motor carrier's permit or certificate two days after the
67.15commissioner sends notice of the suspension by certified mail, return receipt requested, to
67.16the last known address of the motor carrier.
67.17    (b) In order to avoid permanent cancellation of the permit or certificate, the motor
67.18carrier must do one of the following within 45 days from the date of suspension:
67.19    (1) comply with the law by filing insurance or bond, renewing permits, or paying
67.20vehicle registration fees; or
67.21    (2) request a hearing before the commissioner regarding the failure to comply
67.22with the law.
67.23    Subd. 2a. Notice of suspension; effective date. The commissioner shall issue a
67.24notice of suspension if one of the conditions described in subdivision 1 occurs. The notice
67.25must give the reason for suspension and must be sent to the last known address of the
67.26carrier by certified mail, return receipt requested. A suspension is effective two days
67.27after a notice is mailed.
67.28    Subd. 3. Suspension rescission. If the motor carrier complies with the requirements
67.29of this chapter within 45 days after the date of suspension and pays the required fees,
67.30including a late vehicle registration fee of $5 for each vehicle registered, the commissioner
67.31shall rescind the suspension unless the carrier's registration has expired. If a registered
67.32carrier fails to comply within one year of the effective date of a suspension, the carrier's
67.33registration is canceled.
67.34    Subd. 3a. Hearing. If the motor carrier requests a hearing within 45 days after the
67.35date of suspension, the commissioner shall review the suspension and:
67.36    (1) determine that the carrier has complied with the law and rescind the suspension;
68.1    (2) for just cause, grant an extension which must not exceed 20 days; or
68.2    (3) schedule a hearing to ascertain whether the carrier has failed to comply with the
68.3law. If it is determined after the hearing that the carrier has failed to comply with the law,
68.4the commissioner shall cancel the carrier's suspended permit or certificate.
68.5    Subd. 4. Grounds for cancellation. Except as provided in subdivision 5a, failure to
68.6comply with the requirements of sections section 221.141 and 221.296 relating to bonds
68.7and insurance, 221.131 relating to permit renewal, 221.131 or 221.296 relating to annual
68.8vehicle registration or permit renewal, 221.121, subdivision 6g, or 221.153, subdivision 3,
68.9relating to protective agent or private detective licensure, or to request a hearing within 45
68.10days of the date of suspension, is deemed an abandonment of the motor carrier's permit or
68.11certificate and the permit or certificate must be canceled by the commissioner.
68.12    Subd. 5. Notice of cancellation. The commissioner shall notify the motor carrier by
68.13certified mail, return receipt requested, that the permit or certificate is canceled effective
68.14on the date of mailing the notice of cancellation.
68.15    Subd. 5a. Reinstatement after cancellation. A motor carrier whose permit or
68.16certificate is canceled for failure to comply with sections section 221.141 and 221.296
68.17relating to bonds and insurance may ask the commissioner to review the cancellation.
68.18Upon review, the commissioner shall rescind the cancellation if (1) the motor carrier
68.19presents evidence showing that before the effective date of the notice of cancellation
68.20issued under subdivision 5, the motor carrier had obtained and paid for the insurance
68.21required by sections section 221.141 and 221.296, and the rules of the commissioner, and
68.22(2) the commissioner is satisfied that the motor carrier has complied with the requirements
68.23of sections section 221.141 and 221.296 and the rules of the commissioner.
68.24    Subd. 9. New petition. If the holder of a canceled permit or certificate seeks
68.25authority to operate as a motor carrier it, the holder shall file a petition with the
68.26commissioner for a permit or certificate as provided in section 221.121 or 221.296,
68.27whichever is applicable.

68.28    Sec. 15. Minnesota Statutes 2006, section 221.221, subdivision 3, is amended to read:
68.29    Subd. 3. Delegated powers. Representatives of the department to whom authority
68.30has been delegated by the commissioner for the purpose of enforcing sections 169.781 to
68.31169.783 and 221.171 and the rules, orders, or directives of the commissioner adopted or
68.32issued under those sections, and for no other purpose, shall have the powers conferred
68.33by law upon police officers. The representatives of the department have the power to
68.34inspect records, logs, freight bills, bills of lading, or other documents, which may provide
68.35evidence to determine compliance with sections 169.781 to 169.783 and 221.171.

69.1    Sec. 16. Minnesota Statutes 2006, section 221.291, subdivision 4, is amended to read:
69.2    Subd. 4. Operating without registration or permit. A person who operates a
69.3motor carrier without first registering under section 221.0251 or, 221.0252, or who
69.4operates as a household goods mover without having obtained the necessary permit,
69.5221.0253 is guilty of a misdemeanor, and upon conviction shall must be fined not less than
69.6the maximum fine which that may be imposed for a misdemeanor for each violation.

69.7    Sec. 17. REVISION OF RULES.
69.8    The commissioner of transportation shall repeal, amend, and adopt revisions to rules
69.9relating to household goods contained in Minnesota Rules, chapters 7800 and 7805, and
69.10may use the expedited process for adopting rules under Minnesota Statutes, section 14.389.

69.11    Sec. 18. INSTRUCTION TO REVISOR.
69.12    The revisor of statutes shall change the phrase "sections 221.011 to 221.296" to
69.13read "this chapter" where found in Minnesota Statutes, sections 221.021, subdivision
69.141; 221.022; and 221.091, subdivision 1.

69.15    Sec. 19. REPEALER.
69.16Minnesota Statutes 2006, sections 174.65; 221.011, subdivisions 24, 25, 28, 29,
69.1738, 39, 41, 44, and 45; 221.0252, subdivision 7; 221.072; 221.111; 221.121; 221.122;
69.18221.123; 221.131, subdivisions 2a and 3; 221.141, subdivision 6; 221.151; 221.152;
69.19221.153, subdivisions 1 and 2; 221.161; 221.171; 221.172, subdivisions 3, 4, 5, 6, 7, and
69.208; and 221.296, subdivisions 3, 4, 5, 6, 7, and 8, are repealed."
69.21Delete the title and insert:
69.23relating to transportation; modifying or adding provisions relating to highways,
69.24motor vehicles, traffic regulations, drivers' licenses, transit, railroads, motor
69.25carriers, and other transportation-related programs or activities; imposing
69.26penalties;amending Minnesota Statutes 2006, sections 168.011, subdivision
69.277; 168.012, subdivision 1, by adding a subdivision; 168.013, subdivision 1e;
69.28168.018; 168.021, subdivisions 1, 2; 168.09, subdivision 7; 168.185; 168A.03,
69.29subdivision 1; 168A.05, subdivision 9; 168B.051, subdivision 2; 168B.06,
69.30subdivisions 1, 3; 168B.07, by adding subdivisions; 168B.08, subdivision
69.311; 168B.087, subdivision 1; 169.01, subdivisions 55, 75, 76, by adding
69.32subdivisions; 169.18, subdivisions 1, 5, by adding a subdivision; 169.224;
69.33169.448, subdivision 1; 169.67, subdivision 3; 169.781, subdivisions 1, 2,
69.345; 169.79; 169.801; 169.82, subdivision 3; 169.826, subdivision 1a; 169.85,
69.35subdivision 1; 169.86, by adding a subdivision; 169A.03, subdivision 23;
69.36171.01, subdivisions 35, 46; 171.02, by adding a subdivision; 171.03; 171.055,
69.37subdivisions 1, 2; 171.07, subdivision 1; 171.0701; 171.13, subdivision 1, by
69.38adding subdivisions; 171.165, subdivision 2; 171.18, subdivision 1; 171.321,
69.39subdivision 1; 174.02, subdivision 2; 174.03, subdivision 1; 174.24, by adding a
69.40subdivision; 174.64, subdivisions 2, 4; 174.66; 221.011, subdivisions 8, 23, 26,
69.41by adding subdivisions; 221.025; 221.026; 221.031, subdivision 1; 221.0314,
69.42subdivision 9a; 221.036, subdivisions 1, 3; 221.131; 221.132; 221.141,
70.1subdivision 4; 221.185; 221.221, subdivisions 2, 3; 221.291, subdivision 4;
70.2299D.03, subdivision 1; 299D.06; 473.1465, by adding a subdivision; Minnesota
70.3Statutes 2007 Supplement, sections 168.017, subdivision 3; 169.443, subdivision
70.49; 171.02, subdivision 2; Laws 2002, chapter 393, section 85; proposing coding
70.5for new law in Minnesota Statutes, chapters 169; 171; 174; 219; 221; repealing
70.6Minnesota Statutes 2006, sections 168B.087, subdivision 2; 169.145; 174.65;
70.7221.011, subdivisions 24, 25, 28, 29, 38, 39, 41, 44, 45; 221.0252, subdivision
70.87; 221.072; 221.111; 221.121; 221.122; 221.123; 221.131, subdivisions 2a, 3;
70.9221.141, subdivision 6; 221.151; 221.152; 221.153, subdivisions 1, 2; 221.161;
70.10221.171; 221.172, subdivisions 3, 4, 5, 6, 7, 8; 221.296, subdivisions 3, 4, 5, 6, 7,
70.118; Minnesota Statutes 2007 Supplement, section 171.02, subdivision 2a."