Bill Text: MN SF1306 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Motor carriers of railroad employees provisions modifications
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-03-13 - Referred to Transportation and Public Safety [SF1306 Detail]
Download: Minnesota-2013-SF1306-Introduced.html
1.2relating to transportation; amending regulation of motor carriers of railroad
1.3employees;amending Minnesota Statutes 2012, sections 169.781, subdivision
1.42; 221.0255.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 169.781, subdivision 2, is amended to read:
1.7 Subd. 2. Inspection required. (a) It is unlawful for a person, in violation of the
1.8requirements of paragraph (b), to operate or permit the operation of:
1.9 (1) a commercial motor vehicle registered in Minnesota or a spotter truck;or
1.10 (2) special mobile equipment as defined in section168.002, subdivision 31 , and
1.11which is self-propelled, if it is mounted on a commercial motor vehicle chassis, in
1.12violation of the requirements of paragraph (b).; or
1.13(3) a vehicle used to transport passengers by a motor carrier of railroad employees
1.14under section 221.0255.
1.15 (b) A vehicle described in paragraph (a):
1.16 (1) must display a valid safety inspection decal issued by an inspector certified
1.17by the commissioner; or
1.18 (2) must carry (i) proof that the vehicle complies with federal motor vehicle
1.19inspection requirements for vehicles in interstate commerce, and (ii) a certificate of
1.20compliance with federal requirements issued by the commissioner under subdivision 9.
1.21 Sec. 2. Minnesota Statutes 2012, section 221.0255, is amended to read:
1.22221.0255 MOTOR CARRIER OF RAILROAD EMPLOYEES.
2.1 Subdivision 1. Definitions. For purposes of this section, the following terms have
2.2the meanings given:
2.3(1) "conviction" has the meaning given in section609.02 ; and
2.4(2) "on-duty time" means all time at a terminal, facility, or other property of a
2.5contract carrier or on any public property waiting to be dispatched. On-duty time includes
2.6time spent inspecting, servicing, or conditioning the vehicle.
2.7 Subd. 2. Application. (a) A motor carrier of railroad employees must meet the
2.8requirements specified in this section, is subject to section221.291 , and is otherwise
2.9exempt from the provisions of this chapter.
2.10(b) The requirements of this section for a motor carrier of railroad employees or a
2.11vehicle operator for a motor carrier of employees apply in the same manner to any entity
2.12that enters into an agreement with the carrier to transport railroad employees.
2.13 Subd. 3. Operator requirements. A vehicle operator for a motor carrier of railroad
2.14employees who transports passengers must:
2.15(1) have a valid commercial driver's license under chapter 171;and
2.16(2) submit to a physical examination. that meets the requirements for commercial
2.17motor vehicle operators under Code of Federal Regulations, title 49, sections 391.41
2.18to 391.43, or successor requirements; and
2.19(3) perform pretrip and posttrip vehicle inspections.
2.20 Subd. 4. Carrier requirements.(c) (a) The motor carrier of railroad employees must
2.21implement a policy that provides for annual training and certification of the operator in:
2.22 (1) safe operation of the vehicle transporting railroad employees;
2.23 (2) knowing and understanding relevant laws, rules of the road, and safety policies;
2.24 (3) handling emergency situations;
2.25(4) proper use of seat belts;
2.26 (5) performance of pretrip and posttrip vehicle inspections, and inspection record
2.27keeping; and
2.28(6) proper maintenance of required records.
2.29(d) (b) The carrier must:
2.30(1)perform confirm that the person is not disqualified under subdivision 6 by
2.31performing a criminal background checkor background investigation of the operator;,
2.32which must include:
2.33(i) a criminal history check of the state criminal records repository; and
2.34(ii) if the operator has resided in Minnesota less than five years, a criminal history
2.35check from each state of residence for the previous five years;
2.36(2) annually verify the operator's driver's license;
3.1(3) document meeting the requirements in this subdivision,and maintain the file
3.2 which must include maintaining at the carrier's business location;:
3.3(i) a driver qualification file on each operator who transports passengers under
3.4this section; and
3.5(ii) records of pretrip and posttrip vehicle inspections as required under subdivision
3.63, clause (3);
3.7(4) maintain liability insurance in a minimum amount of $5,000,000 regardless
3.8of the seating capacity of the vehicle;and
3.9(5) maintain uninsured and underinsured coverage in a minimum amount of
3.10$1,000,000. $5,000,000; and
3.11(6) ensure inspection of each vehicle operated under this section as provided under
3.12section 169.781.
3.13(c) A driver qualification file under paragraph (b), clause (3), must include:
3.14(1) a copy of the operator's most recent medical examiner's certificate;
3.15(2) a copy of the operator's current driver's license;
3.16(3) documentation of annual license verification;
3.17(4) documentation of annual training;
3.18(5) documentation of any known violations of motor vehicle or traffic laws; and
3.19(6) responses from previous employers, if required by the current employer.
3.20(d) The driver qualification file must be retained for one year following the date of
3.21separation of employment of the driver from the carrier. A record of inspection under
3.22paragraph (b), clause (3), item (ii), must be retained for one year following the date of
3.23inspection.
3.24 (e) If a party contracts with the motor carrier on behalf of the railroad to transport
3.25the railroad employees, then the insurance requirements may be satisfied by either that
3.26party or the motor carrier, so long as the motor carrier is a named insured or additional
3.27insured under any policy.
3.28 Subd. 5. Vehicle equipment. (a) A carrier shall maintain the following equipment
3.29on a motor vehicle used to transport passengers:
3.30(1) tires that meet the same requirements as for a motor vehicle under Code of
3.31Federal Regulations, title 49, section 393.75, or successor requirements;
3.32(2) a full-size spare tire that is fully inflated;
3.33(3) properly functioning seat belts for the driver and every passenger being
3.34transported;
3.35(4) a properly functioning heater, defroster, and air conditioner;
4.1(5) a windshield, side windows, and a rear window that are clear of any obstructions,
4.2including but not limited to electronic devices;
4.3(6) a working cellular telephone or two-way radio capable of contacting personnel of
4.4the railroad that employs the passengers being transported;
4.5(7) a global positioning system device capable of identifying the vehicle's current
4.6location;
4.7(8) an emergency road kit, which must contain, at a minimum, a blanket, flares or
4.8reflective triangles, jumper cables, and a secured fire extinguisher;
4.9(9) a safety glass hammer or belt cutter; and
4.10(10) a location for personal baggage storage, so that all baggage can be secured in a
4.11manner that prevents entry into or flight within the vehicle cabin.
4.12(b) No operator may transport passengers in a motor vehicle that does not meet the
4.13requirements of this subdivision.
4.14 Subd. 6. Driver disqualification; reporting.(e) (a) A person who sustains a
4.15conviction of violating section169A.25 ,
169A.26 ,
169A.27 , or
169A.31 , or whose driver's
4.16license is revoked under sections169A.50 to
169A.53 of the implied consent law, or who
4.17is convicted of or has their driver's license revoked under a similar statute or ordinance
4.18of another state, may not operate a vehicle under this subdivision for five years from the
4.19date of conviction.
4.20 (b) A person who sustains a conviction of a movingoffense violation in violation of
4.21chapter 169 within three years of the first of three other movingoffenses violations may not
4.22operate a vehicle under this subdivision for one year from the date of the last conviction.
4.23 (c) A person who has ever been convicted of a disqualifying offense as defined in
4.24section171.3215, subdivision 1 , paragraph (c), may not operate a vehicle under this
4.25subdivision.
4.26(f) (d) An operator who sustains a conviction as described in paragraph (e) (a)
4.27 while employed by the carrier shall report the conviction to the carrier within ten days of
4.28the date of the conviction.
4.29 Subd. 7. Testing.(g) A carrier must implement a mandatory alcohol and controlled
4.30substance testing program as provided under sections181.950 to
181.957 that consists of
4.31preemployment testing, postaccident testing, random testing, reasonable suspicion testing,
4.32return-to-duty testing, and follow-up testing.
4.33 Subd. 8. Hours of service.(h) (a) A motor carrier of railroad employees shall not
4.34allow or require a driver to drive or remain on duty for more than: ten hours after eight
4.35consecutive hours off duty; 15 hours of combined on-duty time and drive time since last
4.36obtaining eight consecutive hours of off-duty time; or 70 hours of on-duty and drive time
5.1in any period of eight consecutive days. After 24 hours off duty, a driver begins a new
5.2seven consecutive day period and on-duty time is reset to zero.
5.3(i) (b) An operator who encounters an emergency and cannot, because of that
5.4emergency, safely complete a transportation assignment within the ten-hour maximum
5.5driving time permitted under paragraph(h) (a), may drive for not more than two additional
5.6hours in order to complete that transportation assignment or to reach a place offering
5.7safety for the occupants of the vehicle and security for the transport motor vehicle, if the
5.8transportation assignment reasonably could have been completed within the ten-hour
5.9period absent the emergency.
5.10(j) (c) A carrier shall maintain and retain for a period of six months accurate time
5.11records that show: the time the driver reports for duty each day; the total wait time each
5.12day; the total number of hours of on-duty time for each driver for each day; the time the
5.13driver is released from duty each day; and the total number of hours driven each day.
5.14(k) For purposes of this subdivision, the following terms have the meanings given:
5.15(1) "conviction" has the meaning given in section
609.02; and
5.16(2) "on-duty time" means all time at a terminal, facility, or other property of a
5.17contract carrier or on any public property waiting to be dispatched. On-duty time includes
5.18time spent inspecting, servicing, or conditioning the vehicle.
5.19 Subd. 9. Inspection authority. Representatives of the Department of Transportation
5.20and the State Patrol have the authority to enter, at a reasonable time and place, any
5.21vehicle or facility of the carrier for purposes of random inspections, safety reviews,
5.22audits, or accident investigations. No search warrant is required to inspect a vehicle
5.23used to transport passengers under this section or to inspect or copy a record required to
5.24be maintained under this section.
5.25 Subd. 10. Violation; penalties. (a) A violation of this section is a misdemeanor.
5.26(b) In addition to any penalty imposed under paragraph (a), a motor carrier of
5.27railroad employees who violates this section is liable for a civil penalty of up to $1,000 for
5.28each offense. For purposes of this paragraph, each day in which a violation occurs is a
5.29separate offense. The prevailing party in any action commenced under this paragraph is
5.30entitled to reasonable costs incurred in the action.
5.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.32committed on or after that date.
1.3employees;amending Minnesota Statutes 2012, sections 169.781, subdivision
1.42; 221.0255.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 169.781, subdivision 2, is amended to read:
1.7 Subd. 2. Inspection required. (a) It is unlawful for a person, in violation of the
1.8requirements of paragraph (b), to operate or permit the operation of:
1.9 (1) a commercial motor vehicle registered in Minnesota or a spotter truck;
1.10 (2) special mobile equipment as defined in section
1.11which is self-propelled, if it is mounted on a commercial motor vehicle chassis
1.12
1.13(3) a vehicle used to transport passengers by a motor carrier of railroad employees
1.14under section 221.0255.
1.15 (b) A vehicle described in paragraph (a):
1.16 (1) must display a valid safety inspection decal issued by an inspector certified
1.17by the commissioner; or
1.18 (2) must carry (i) proof that the vehicle complies with federal motor vehicle
1.19inspection requirements for vehicles in interstate commerce, and (ii) a certificate of
1.20compliance with federal requirements issued by the commissioner under subdivision 9.
1.21 Sec. 2. Minnesota Statutes 2012, section 221.0255, is amended to read:
1.22221.0255 MOTOR CARRIER OF RAILROAD EMPLOYEES.
2.1 Subdivision 1. Definitions. For purposes of this section, the following terms have
2.2the meanings given:
2.3(1) "conviction" has the meaning given in section
2.4(2) "on-duty time" means all time at a terminal, facility, or other property of a
2.5contract carrier or on any public property waiting to be dispatched. On-duty time includes
2.6time spent inspecting, servicing, or conditioning the vehicle.
2.7 Subd. 2. Application. (a) A motor carrier of railroad employees must meet the
2.8requirements specified in this section, is subject to section
2.9exempt from the provisions of this chapter.
2.10(b) The requirements of this section for a motor carrier of railroad employees or a
2.11vehicle operator for a motor carrier of employees apply in the same manner to any entity
2.12that enters into an agreement with the carrier to transport railroad employees.
2.13 Subd. 3. Operator requirements. A vehicle operator for a motor carrier of railroad
2.14employees who transports passengers must:
2.15(1) have a valid commercial driver's license under chapter 171;
2.16(2) submit to a physical examination
2.17motor vehicle operators under Code of Federal Regulations, title 49, sections 391.41
2.18to 391.43, or successor requirements; and
2.19(3) perform pretrip and posttrip vehicle inspections.
2.20 Subd. 4. Carrier requirements.
2.21implement a policy that provides for annual training and certification of the operator in:
2.22 (1) safe operation of the vehicle transporting railroad employees;
2.23 (2) knowing and understanding relevant laws, rules of the road, and safety policies;
2.24 (3) handling emergency situations;
2.25(4) proper use of seat belts;
2.26 (5) performance of pretrip and posttrip vehicle inspections, and inspection record
2.27keeping; and
2.28(6) proper maintenance of required records.
2.29
2.30(1)
2.31performing a criminal background check
2.32which must include:
2.33(i) a criminal history check of the state criminal records repository; and
2.34(ii) if the operator has resided in Minnesota less than five years, a criminal history
2.35check from each state of residence for the previous five years;
2.36(2) annually verify the operator's driver's license;
3.1(3) document meeting the requirements in this subdivision,
3.2 which must include maintaining at the carrier's business location
3.3(i) a driver qualification file on each operator who transports passengers under
3.4this section; and
3.5(ii) records of pretrip and posttrip vehicle inspections as required under subdivision
3.63, clause (3);
3.7(4) maintain liability insurance in a minimum amount of $5,000,000 regardless
3.8of the seating capacity of the vehicle;
3.9(5) maintain uninsured and underinsured coverage in a minimum amount of
3.10
3.11(6) ensure inspection of each vehicle operated under this section as provided under
3.12section 169.781.
3.13(c) A driver qualification file under paragraph (b), clause (3), must include:
3.14(1) a copy of the operator's most recent medical examiner's certificate;
3.15(2) a copy of the operator's current driver's license;
3.16(3) documentation of annual license verification;
3.17(4) documentation of annual training;
3.18(5) documentation of any known violations of motor vehicle or traffic laws; and
3.19(6) responses from previous employers, if required by the current employer.
3.20(d) The driver qualification file must be retained for one year following the date of
3.21separation of employment of the driver from the carrier. A record of inspection under
3.22paragraph (b), clause (3), item (ii), must be retained for one year following the date of
3.23inspection.
3.24 (e) If a party contracts with the motor carrier on behalf of the railroad to transport
3.25the railroad employees, then the insurance requirements may be satisfied by either that
3.26party or the motor carrier, so long as the motor carrier is a named insured or additional
3.27insured under any policy.
3.28 Subd. 5. Vehicle equipment. (a) A carrier shall maintain the following equipment
3.29on a motor vehicle used to transport passengers:
3.30(1) tires that meet the same requirements as for a motor vehicle under Code of
3.31Federal Regulations, title 49, section 393.75, or successor requirements;
3.32(2) a full-size spare tire that is fully inflated;
3.33(3) properly functioning seat belts for the driver and every passenger being
3.34transported;
3.35(4) a properly functioning heater, defroster, and air conditioner;
4.1(5) a windshield, side windows, and a rear window that are clear of any obstructions,
4.2including but not limited to electronic devices;
4.3(6) a working cellular telephone or two-way radio capable of contacting personnel of
4.4the railroad that employs the passengers being transported;
4.5(7) a global positioning system device capable of identifying the vehicle's current
4.6location;
4.7(8) an emergency road kit, which must contain, at a minimum, a blanket, flares or
4.8reflective triangles, jumper cables, and a secured fire extinguisher;
4.9(9) a safety glass hammer or belt cutter; and
4.10(10) a location for personal baggage storage, so that all baggage can be secured in a
4.11manner that prevents entry into or flight within the vehicle cabin.
4.12(b) No operator may transport passengers in a motor vehicle that does not meet the
4.13requirements of this subdivision.
4.14 Subd. 6. Driver disqualification; reporting.
4.15conviction of violating section
4.16license is revoked under sections
4.17is convicted of or has their driver's license revoked under a similar statute or ordinance
4.18of another state, may not operate a vehicle under this subdivision for five years from the
4.19date of conviction.
4.20 (b) A person who sustains a conviction of a moving
4.21chapter 169 within three years of the first of three other moving
4.22operate a vehicle under this subdivision for one year from the date of the last conviction.
4.23 (c) A person who has ever been convicted of a disqualifying offense as defined in
4.24section
4.25subdivision.
4.26
4.27 while employed by the carrier shall report the conviction to the carrier within ten days of
4.28the date of the conviction.
4.29 Subd. 7. Testing.
4.30substance testing program as provided under sections
4.31preemployment testing, postaccident testing, random testing, reasonable suspicion testing,
4.32return-to-duty testing, and follow-up testing.
4.33 Subd. 8. Hours of service.
4.34allow or require a driver to drive or remain on duty for more than: ten hours after eight
4.35consecutive hours off duty; 15 hours of combined on-duty time and drive time since last
4.36obtaining eight consecutive hours of off-duty time; or 70 hours of on-duty and drive time
5.1in any period of eight consecutive days. After 24 hours off duty, a driver begins a new
5.2seven consecutive day period and on-duty time is reset to zero.
5.3
5.4emergency, safely complete a transportation assignment within the ten-hour maximum
5.5driving time permitted under paragraph
5.6hours in order to complete that transportation assignment or to reach a place offering
5.7safety for the occupants of the vehicle and security for the transport motor vehicle, if the
5.8transportation assignment reasonably could have been completed within the ten-hour
5.9period absent the emergency.
5.10
5.11records that show: the time the driver reports for duty each day; the total wait time each
5.12day; the total number of hours of on-duty time for each driver for each day; the time the
5.13driver is released from duty each day; and the total number of hours driven each day.
5.14
5.15
5.16
5.17
5.18
5.19 Subd. 9. Inspection authority. Representatives of the Department of Transportation
5.20and the State Patrol have the authority to enter, at a reasonable time and place, any
5.21vehicle or facility of the carrier for purposes of random inspections, safety reviews,
5.22audits, or accident investigations. No search warrant is required to inspect a vehicle
5.23used to transport passengers under this section or to inspect or copy a record required to
5.24be maintained under this section.
5.25 Subd. 10. Violation; penalties. (a) A violation of this section is a misdemeanor.
5.26(b) In addition to any penalty imposed under paragraph (a), a motor carrier of
5.27railroad employees who violates this section is liable for a civil penalty of up to $1,000 for
5.28each offense. For purposes of this paragraph, each day in which a violation occurs is a
5.29separate offense. The prevailing party in any action commenced under this paragraph is
5.30entitled to reasonable costs incurred in the action.
5.31EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
5.32committed on or after that date.
