1.2relating to transportation; regulating motor carriers of railroad employees;
1.3amending Minnesota Statutes 2008, sections 171.01, subdivision 22; 221.012,
1.4subdivisions 26, 38, by adding a subdivision; 221.0252, by adding a subdivision;
1.5221.0314, by adding a subdivision; 221.141, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2008, section 171.01, subdivision 22, is amended to read:
1.8    Subd. 22. Commercial motor vehicle. "Commercial motor vehicle" means a motor
1.9vehicle or combination of motor vehicles used to transport passengers or property if
1.10the motor vehicle:
1.11(1) has a gross vehicle weight of more than 26,000 pounds;
1.12(2) has a towed unit with a gross vehicle weight of more than 10,000 pounds and the
1.13combination of vehicles has a combined gross vehicle weight of more than 26,000 pounds;
1.14(3) is a bus;
1.15(4) is of any size and is used in the transportation of hazardous materials that are
1.16required to be placarded under Code of Federal Regulations, title 49, parts 100-185; or
1.17(5) is outwardly equipped and identified as a school bus, except for type III vehicles
1.18defined in section 169.011, subdivision 71, clause (5).; or
1.19(6) is used to transport passengers by a motor carrier of railroad employees, as
1.20defined in section 221.012, subdivision 27a.

1.21    Sec. 2. Minnesota Statutes 2008, section 221.012, subdivision 26, is amended to read:
1.22    Subd. 26. Motor carrier of passengers. "Motor carrier of passengers" means (1)
1.23a person engaged in the for-hire transportation of passengers in vehicles designed to
2.1transport eight or more persons, including the driver, or (2) a motor carrier of railroad
2.2employees.

2.3    Sec. 3. Minnesota Statutes 2008, section 221.012, is amended by adding a subdivision
2.4to read:
2.5    Subd. 27a. Motor carrier of railroad employees. "Motor carrier of railroad
2.6employees" means a motor carrier engaged in the for-hire transportation of railroad
2.7employees of a class I or II common carrier, as defined in Code of Federal Regulations,
2.8title 49, part 1201, general instruction 1-1, under the terms of a contractual agreement with
2.9a common carrier, as defined in section 218.011, subdivision 10.

2.10    Sec. 4. Minnesota Statutes 2008, section 221.012, subdivision 38, is amended to read:
2.11    Subd. 38. Small vehicle passenger service. (a) "Small vehicle passenger service"
2.12means a service provided by a person engaged in the for-hire transportation of passengers
2.13in a vehicle designed to transport seven or fewer persons, including the driver.
2.14(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small
2.15vehicle passenger service" also includes for-hire transportation of persons who are certified
2.16by the Metropolitan Council to use special transportation service provided under section
2.17473.386 , in a vehicle designed to transport not more than 15 persons including the driver,
2.18that is equipped with a wheelchair lift and at least three wheelchair securement positions.
2.19(c) "Small vehicle passenger service" does not include a motor carrier of railroad
2.20employees.

2.21    Sec. 5. Minnesota Statutes 2008, section 221.0252, is amended by adding a subdivision
2.22to read:
2.23    Subd. 8. Motor carrier of railroad employees. (a) A driver for a motor carrier of
2.24railroad employees who transports passengers:
2.25(1) must have a valid type C, B, or A driver's license under chapter 171;
2.26(2) is subject to the requirements in Code of Federal Regulations, title 49, parts
2.27383.21 to 383.72, and successor rules; and
2.28(3) is subject to the requirements for drivers of a commercial motor vehicle in
2.29chapter 171.
2.30(b) In the federal regulations specified in paragraph (a), clause (2), "commercial
2.31motor vehicle" means any motor vehicle used to transport passengers by a motor carrier of
2.32railroad employees.

3.1    Sec. 6. Minnesota Statutes 2008, section 221.0314, is amended by adding a subdivision
3.2to read:
3.3    Subd. 13. Alcohol and controlled substance use and testing. Code of Federal
3.4Regulations, title 49, part 382, and successor rules, are incorporated by reference for
3.5motor carriers of railroad employees.

3.6    Sec. 7. Minnesota Statutes 2008, section 221.141, subdivision 1, is amended to read:
3.7    Subdivision 1. Financial responsibility of carriers. (a) No motor carrier and no
3.8interstate carrier shall operate a vehicle until it has obtained and has in effect the minimum
3.9amount of financial responsibility required by this section. Policies of insurance, surety
3.10bonds, other types of security, and endorsements must be continuously in effect and must
3.11remain in effect until canceled. Before providing transportation, the motor carrier or
3.12interstate carrier shall secure and cause to be filed with the commissioner and maintain in
3.13full effect, a certificate of insurance in a form required by the commissioner, evidencing
3.14public liability insurance in the amount prescribed. The insurance must cover injuries and
3.15damage to persons or property resulting from the operation or use of motor vehicles,
3.16regardless of whether each vehicle is specifically described in the policy. This insurance
3.17does not apply to injuries or death to the employees of the motor carrier or to property
3.18being transported by the carrier.
3.19    (b) Notwithstanding any other provision of this chapter, the insurance required of
3.20a motor carrier of passengers must be at least that amount required of interstate carriers
3.21under Code of Federal Regulations, title 49, section 387.33, as amended. The minimum
3.22insurance required of a motor carrier of railroad employees is the highest amount identified
3.23under Code of Federal Regulations, title 49, section 387.33, as amended, regardless of the
3.24seating capacity of the vehicle. The motor carrier of railroad employees shall also maintain
3.25uninsured and underinsured coverage with the same minimum limits. If a party contracts
3.26with the motor carrier on behalf of the railroad to transport the railroad employees, then
3.27the insurance requirement may be satisfied by either that party or the motor carrier, so long
3.28as the motor carrier is a named insured under any policy.
3.29    (c) This section does not apply to a charitable organization exempt from taxation
3.30under section 501(c)(3) of the Internal Revenue Code when the transportation furthers
3.31the charitable organization's charitable mission. The charitable organization must comply
3.32with the insurance requirements of section 65B.48.