Minn. R. (Transportation Department) | Minnesota Rules — Transportation Department

Chapter 7800 MOTOR CARRIER OPERATIONS

Minn. R. 7800.0100 Repealed by subpart

Subpart 1.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 2.

[Repealed, 13 SR 38]

Subp. 3.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 4.

[Repealed, L 2010 c 320 art 1 s 20]

Subp. 5.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 6.

[Repealed, L 2010 c 320 art 1 s 20]

Subp. 7.

[Repealed, L 2010 c 320 art 1 s 20]

Subp. 8.

[Repealed, L 2010 c 320 art 1 s 20]

Subp. 9.

[Repealed, 13 SR 38]

Subp. 10.

[Repealed, 13 SR 38]

Subp. 11.

[Repealed, L 2010 c 320 art 1 s 20]

Subp. 12.

[Repealed, L 2010 c 320 art 1 s 20]

Subp. 13.

[Repealed, L 2010 c 320 art 1 s 20]

Subp. 14.

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7800.0200 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7800.0300 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.0400 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7800.0500 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7800.0600 [Repealed, L 2005 1Sp6 art 3 s 108]

[Repealed, L 2005 1Sp6 art 3 s 108]

Minn. R. 7800.0700 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7800.0800 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7800.0900 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7800.1000 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7800.1100 Age Requirement

No permit shall be issued to any person under 18 years of age.

History

Statutory Authority: MS s 221.031

Minn. R. 7800.1200 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.1300 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.1400 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7800.1500 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7800.1600 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7800.1700 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7800.1800 [Repealed, L 2001 c 89 s 1]

[Repealed, L 2001 c 89 s 1]

Minn. R. 7800.1900 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.2000 Household Goods Carriers

Subpart 1. Shipment requires written orders to driver.

Whenever a household goods carrier gives a prospective shipper an estimate of charges, either verbal or written, covering the movement of shipper's household goods, said carrier shall issue a written order to the carrier's driver which shall show the name and pickup address of the shipper, the delivery address of the movement, the time of pickup, the items to be transported, and the estimate of charges for such movement. If, upon arrival at the point where the pickup is to be made, the driver finds that there are additional items to be transported other than those named in the order, or if for other reasons the estimate must be revised, the adjustment of the estimate must be noted on the order and signed by the shipper. A copy of said order or estimate must be given to the shipper.

Subp. 2. Insurance coverage on shipment.

The household goods carrier, at the time of loading the shipment, shall specifically call the shipper's attention to the released value of the goods as fixed in its tariff and by part 7800.2100 and shall notify the shipper that anything above the released value must be insured by the shipper if the shipper is to recover more than the released value in case of loss or damage. If the shipper shall request insurance coverage for the excess (or entire) value, upon tender by the shipper to the carrier of the cost of such insurance, the carrier shall obtain for the shipper a policy of insurance in the amount required by the shipper and at or before the time of the pickup of such goods shall deliver to the shipper evidence of such insurance coverage. If the carrier fails to notify the shipper in writing of the released value limitation or that insurance coverage is available or any shipper has ordered and paid for insurance and the carrier fails to deliver evidence of such insurance coverage at or before the time of the pick up of the shipment, the carrier shall be responsible for the full value of all items of the household goods shipment lost or damaged while being loaded or transported or unloaded by the carrier.

History

Statutory Authority: MS s 221.031
History: 17 SR 1279

Minn. R. 7800.2100 Bill of Lading Issued for Shipment

In the case of any intrastate move, the bill of lading issued for any shipment accepted for transportation and storage at released rates and charges established and maintained under authority of this order shall have printed in distinctive color in boldface type on the face thereof a statement reading as follows:

Unless the shipper expressly releases the shipment to a value of 60 cents per pound per article, the carrier's maximum liability for loss and damage shall be either the lump sum value declared by the shipper or an amount equal to $1.25 for each pound of weight in the shipment, whichever is greater.

The release of value must be entered in the following form directly below and immediately following the foregoing statement, and must be completed only by the person signing it.

The shipment will move subject to the rules and conditions of the carrier's tariff. Shipper hereby releases the entire shipment to a value not exceeding

(To be completed by the person signing below)

Notice: The shipper signing this contract must insert in the space above in the shipper's own handwriting, either a declaration of the actual value of the shipment, or the words "60 cents per pound per article." Otherwise, the shipment will be deemed released to a maximum value equal to $1.25 times the weight of the shipment in pounds.

Provided that: Where the shipper is the employer of the actual owner of the household goods being transported and is responsible for all transportation charges in connection with such a move, the shipper may instruct the motor carrier to release the shipment to a value of 60 cents per pound per article (a) by specification made on a purchase order, or (b) by issuing, in advance of the shipping date, appropriate letters of instructions to the carrier. In such instances, the motor carrier must incorporate the instructions by reference to the document in (a) or (b) above in the bill of lading in lieu of the personal signature and handwritten statement relating to released rates.

The shipper may also elect, in lieu of declared value, to purchase trip insurance covering up to full value of the shipment and the carrier shall be permitted to act as an agent in the writing of said insurance.

History

Statutory Authority: MS s 221.031
History: 17 SR 1279

Minn. R. 7800.2200 Household Carrier as Storer

When a carrier also engages in the storage of household goods and a shipper has stored household goods with such carrier-storer and such carrier-storer has told the shipper that there will be no dock charges when said household goods are reshipped, or if the storage receipt does not show that charges for dockage will be assessed at the time said goods are removed from such warehouse, then such warehouse operator shall make no dockage charge whether the goods are transported by such warehouse operator as carrier or through the services of another carrier.

History

Statutory Authority: MS s 221.031
History: 17 SR 1279

Minn. R. 7800.2300 Application of Common Law and Minnesota Statutes

Nothing in this chapter shall be construed to hold a carrier liable for loss or damage when such loss or damage is due to a cause for which the carrier is not liable by reason of the common law or the statutes of the state of Minnesota.

History

Statutory Authority: MS s 221.031

Minn. R. 7800.2400 Advertising of Household Goods Carrier

Subpart 1. Storage service.

No carrier of household goods shall advertise or in any way imply or suggest that such carrier will provide storage service unless such carrier holds a warehouse license issued by the commissioner of transportation, or unless the carrier has a currently existing written agreement with a licensed warehouse operator providing for the storage of all property offered for storage by such carrier.

Subp. 2. Agency agreement.

No carrier of household goods shall advertise or in any way imply or suggest that such carrier is an agent of any other carrier unless there is a currently existing valid written agency agreement in effect in which the carrier of household goods is made an agent of the other carrier.

Subp. 3. Insurance.

No carrier of household goods shall advertise or in any way imply or suggest that such carrier carries insurance which will cover damage or loss to household goods while being loaded or unloaded, or in transit or storage, or otherwise in the care or custody of the carrier, unless such carrier actually carries such insurance.

Subp. 4. Advertisement showing assigned authority number, identification letters.

No certificated, permit, household goods, or local cartage carrier shall advertise in any publication, including a telephone directory, unless such advertisement shall contain such carrier's assigned authority number, and the appropriate identification letters.

History

Statutory Authority: MS s 221.031
History: 17 SR 1279; L 2001 c 213 s 30

Minn. R. 7800.2500 Leased Equipment

A motor carrier may lease motor equipment from the owner thereof for use in operations conducted pursuant to the motor carrier's permit or certificate. The lease may include the services of a driver and nothing in this chapter shall be construed to require that such a driver be an employee of the motor carrier lessee.

The purpose of these leasing rules is to ensure that the primary responsibility for the conduct of regulated motor carrier operations remains in the authorized motor carrier, and that the members of the public using motor carrier services are clearly advised of the identity of the responsible carrier, and that the leasing of equipment by an authorized motor carrier from an owner thereof is not a subterfuge for leasing the carrier's permit or certificate to the owner-lessor.

History

Statutory Authority: MS s 221.031

Minn. R. 7800.2600 Required Lease Provisions

The lease shall provide for the exclusive possession, control, and use of the equipment, and for the complete assumption of responsibility in respect thereto by the lessee for the duration of said lease, and the lessee shall be considered as the owner of said vehicle during the duration of the lease for all purposes, including public liability insurance, and registration of vehicles with the Department of Public Service. The lease shall state the terms of compensation to be paid to the lessor by the lessee. The lease shall state the date and duration of said lease. The parties to the lease agreement may insert therein any other provisions not contrary to law, and not inconsistent with the rules of the Minnesota commissioner of transportation.

History

Statutory Authority: MS s 221.031
History: L 2001 c 213 s 30

Minn. R. 7800.2700 Duties of the Lessor and Lessee

The lease shall be executed in at least three copies. One executed copy shall be retained by the lessee, one executed copy shall be retained by the lessor, and one copy shall be kept with the leased equipment at all times during the term of the lease.

The provisions of the above paragraph shall not apply between motor carriers that have authority as defined under Minnesota Statutes, section 221.012, subdivisions 9, 32, 11, 11, 20, 21, and 23, nor shall it apply to local cartage carriers as defined in Minnesota Statutes, section 221.296.

Lessee's name and address shall be displayed on both sides of the leased and registered vehicle in required lettering. During the time that vehicles under lease are operated by the lessee, there shall be carried in such vehicle bills of lading, waybills, freight bills, manifests, or other papers identifying the lading, and which clearly indicate that the transportation of the property carried is under the responsibility of the lessee as an authorized carrier.

It shall be the duty of the lessee-carrier before taking possession of the equipment to have the same inspected by a qualified person to insure that said equipment is in safe operating condition. The person making the inspection shall certify the results thereof to the lessee, and a copy of such certification shall be carried in the motor vehicle.

All charges paid by a shipper or consignee for transportation services performed with use of leased equipment shall be paid to the lessee only, and the lessor shall exercise no control or dominion over such revenues. The driver of a leased vehicle may, when required, physically collect such charges from the shipper or consignee, but shall immediately deliver all said funds to the lessee. All arrangements for transportation service, solicitation therefor, claims settlement, and all other aspects of motor carrier service shall be conducted by, and in the name of, lessee only, and neither lessee nor the lessor shall by any method of service whatsoever represent or imply, or suggest, to any shipper or consignee, that the motor carrier service being offered or rendered is being offered or rendered by the lessor.

Nothing in this chapter shall be construed to relieve the lessee, the lessor, or the driver of any leased equipment from compliance with the laws, rules, and regulations pertaining to the operation of motor vehicles on Minnesota highways.

History

Statutory Authority: MS s 221.031

Minn. R. 7800.2800 Records Kept by the Commissioner

All motor carriers authorized by the commissioner of transportation must keep full and complete records including operating expense, operating revenue, miles operated, and otherwise as may be required when the vehicle is operated on an hourly basis in accordance with carrier's filed tariff. In addition, all motor carriers must keep a driver's log, subject to the exceptions in part 7800.5900.

For accounting regulations and filing annual reports refer to parts 7805.0500 to 7805.1300, motor carrier accounting rules.

Freight bills, bills of lading, and all other records of motor carriers will be open to inspection and examination to the commissioner of transportation and the agents thereof at all reasonable times and places. The commissioner may on application or upon the commissioner's own motion, after notice, order any motor carrier authorized by the commissioner to produce such records for examination when and where the commissioner by order directs.

Where a dispute arises between a carrier, consignee or consignor, or a passenger, over a claim, any of the interested parties may refer the claim to the commissioner for investigation.

History

Statutory Authority: MS s 221.031
History: L 2001 c 213 s 30

Minn. R. 7800.2900 Bill of Lading and Freight Bills

Each motor carrier shall issue or cause to be issued a bill of lading and a receipt bill for all merchandise picked up for shipment and shall issue or cause to be issued a freight bill showing the commodity or commodities transported, classification, rates charged, and total amount for transportation, and any other charges to be made under the tariff. The freight receipt and freight bills may be combined.

Petroleum carriers must issue a bill of lading and freight bill; one copy of the bill of lading shall be delivered to the shipper and one retained by the motor carrier; and one copy of the freight bill shall be retained by the carrier and one copy thereof delivered to the consignee or consignor.

History

Statutory Authority: MS s 221.031

Minn. R. 7800.3000 Carriers Retain Copies

All carriers shall retain copies of all records including bills of lading and freight bills for at least three years from the date covered by the document.

History

Statutory Authority: MS s 221.031

Minn. R. 7800.3100 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7800.3200 Repealed by subpart

Subpart 1.

[Repealed, L 2005 1Sp6 art 3 s 108]

Subp. 2.

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7800.3300 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7800.3400 Determination of Liability on Loss or Damage

Where loss or damage occurs on an interline shipment, the delivering carrier shall promptly investigate and determine the liability of all loss or damage claims on shipments and make payment to the claimant without requiring claimant to wait for payment until the matter of liability has been adjusted between carriers.

History

Statutory Authority: MS s 221.031

Minn. R. 7800.3500 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.3600 Filing of Claims Against Carriers

No motor common carrier operating under authority of the commissioner of transportation shall provide by rule, contract, regulation, or otherwise a shorter period for the filing of claims than nine months after delivery of the property or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed; and suits shall be instituted against any carrier only within two years and one day from the day when notice in writing is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts thereof specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid.

History

Statutory Authority: MS s 221.031
History: L 2001 c 213 s 30

Minn. R. 7800.3700 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.3800 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.3900 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7800.4000 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.4100 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.4200 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.4300 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.4400 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.4500 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.4600 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.4700 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.4800 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.4810 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7800.4900 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5000 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5100 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5200 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5300 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5400 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5500 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5600 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5700 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5800 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.5900 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6000 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6100 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6200 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6300 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6400 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6500 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6600 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6700 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6800 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.6900 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7000 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7100 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7200 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7300 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7400 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7500 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7600 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7700 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7800 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.7900 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.8000 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.8100 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7800.8200 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Chapter 7805 MOTOR CARRIER TARIFFS; ACCOUNTING

Minn. R. 7805.0200 [Repealed, L 2001 c 89 s 1]

[Repealed, L 2001 c 89 s 1]

Minn. R. 7805.0300 [Repealed, L 2023 c 25 s 190]

[Repealed, L 2023 c 25 s 190]

Minn. R. 7805.0400 Alternation of Rates

All tariffs shall provide for complete alternation of all rates and for application of the published rate which results in the lowest aggregate charge.

History

Statutory Authority: MS s 221.161

Minn. R. 7805.0500 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7805.0600 [Repealed, L 2001 c 89 s 1]

[Repealed, L 2001 c 89 s 1]

Minn. R. 7805.0700 [Repealed, L 2005 1Sp6 art 3 s 108]

[Repealed, L 2005 1Sp6 art 3 s 108]

Minn. R. 7805.0800 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 7805.0900 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7805.1000 [Repealed, L 2001 c 89 s 1]

[Repealed, L 2001 c 89 s 1]

Minn. R. 7805.1100 [Repealed, L 2001 c 89 s 1]

[Repealed, L 2001 c 89 s 1]

Minn. R. 7805.1200 [Repealed, L 2001 c 89 s 1]

[Repealed, L 2001 c 89 s 1]

Minn. R. 7805.1300 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 7805.1400 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.1500 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.1600 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.1700 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.1800 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.1900 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2000 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2100 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2200 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2300 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2400 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2500 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2600 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2700 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2800 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.2900 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.3000 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.3100 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.3200 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.3300 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.3400 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.3500 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Minn. R. 7805.3600 [Repealed, 13 SR 38]

[Repealed, 13 SR 38]

Chapter 8800 AERONAUTICS

Minn. R. 8800.0100 Definitions

Subpart 1. Aeronautics instructor.

"Aeronautics instructor" means any individual engaged in giving instruction or offering to give instruction in aeronautics either in flying or ground subjects, or both, for hire or compensation, without advertising such occupation, without calling facilities "air school" or anything equivalent thereto, and without employing or using other instructors and without operating an aircraft for compensation or hire for the purpose of flight instruction.

Subp. 2. Air carrier operating certificate.

"Air carrier operating certificate" means a certificate issued by the Federal Aviation Administration that entitles the holder to conduct charter operations according to the operating specifications in the certificate.

Subp. 2a. Aircraft dealer.

"Aircraft dealer" or "dealer" means a person regularly engaged in the business of manufacturing or selling, purchasing, and generally dealing in new or used aircraft; having an established place of business for the trade, sale, and display of aircraft; and having in possession new or used aircraft for the purpose of sale or trade.

Subp. 3. Airport.

"Airport" means an area of land or water that is used or intended to be used for the landing and takeoff of aircraft, and includes its buildings and facilities, if any. The term "airport" includes restricted landing areas as defined in Minnesota Statutes, section 360.013. Seaplane bases and heliports are also included in the term "airport."

Subp. 4. Airport elevation.

"Airport elevation" means the established elevation of the highest point on the usable landing area measured in feet above mean sea level.

Subp. 5. Airport hazard.

"Airport hazard" means any structure or tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport; and any use of land which is hazardous to persons or property because of its proximity to the airport.

Subp. 6. Balloon.

"Balloon" means a lighter-than-air aircraft that is not engine driven.

Subp. 7.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 7a. Building.

"Building" means any structure utilized or intended for supporting or sheltering any occupancy.

Subp. 8. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Transportation.

Subp. 9. Dwelling.

"Dwelling" means any building or portion thereof designed or used as a residence or sleeping place of one or more persons.

Subp. 10. Edge marker.

"Edge marker" means an object or device clearly visible from traffic pattern altitude under normal conditions during daylight hours, which is used to outline the perimeter of a landing area.

Subp. 11. FAA.

"FAA" means the Federal Aviation Administration of the United States.

Subp. 12. Flight instructor.

"Flight instructor" means a pilot who possesses a valid flight instructor certificate as issued by the FAA.

Subp. 13. Glider.

"Glider" means a heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its lifting surfaces and whose free flight does not depend principally on an engine.

Subp. 14. Gradient.

"Gradient" means the angular degree, from horizontal, of an ascending or descending uniformly smooth slope. With regard to runways, transverse gradient refers to the degree of slope across the width of the runway, and longitudinal gradient refers to the degree of slope along the length of the runway.

Subp. 15. Height.

"Height": for the purpose of determining the height limits set forth in this chapter, the datum must be mean sea level elevation as determined by U.S. Geological Survey.

Subp. 16. Helicopter.

"Helicopter" means a rotorcraft, that for its horizontal motion, depends principally on its engine-driven rotors.

Subp. 16a. Heliport.

A "heliport" is an area of land or water, or a structure, used or intended to be used for the landing and takeoff of helicopters, together with appurtenant buildings and facilities. A heliport is an airport as defined in subpart 3.

Subp. 17. IFR.

"IFR" means instrument flight rules.

Subp. 18. Letter of authority.

"Letter of authority" is included in the term "license" as used in this chapter.

Subp. 19. Night.

"Night" means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the American Air Almanac, converted to local time.

Subp. 20. Nonprecision instrument runway.

"Nonprecision instrument runway" means a runway with a straight-in instrument approach procedure using either ground-based or satellite-based air navigation facilities.

Subp. 20a. Other than utility runway.

"Other than utility runway" means a runway that:

A. is constructed for and intended to be used by jet aircraft or aircraft of more than 12,500 pounds maximum gross weight; or

B. is 4,900 feet or more in length.

Subp. 21. Passenger.

"Passenger" means an occupant of an aircraft who is not assigned to perform a duty necessary for operating the aircraft.

Subp. 22. Person.

"Person" includes an individual, firm, partnership, corporation, company, association, joint stock association, or body politic and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative.

Subp. 22a. Personal-use airport.

"Personal-use airport" means a restricted airport that meets the criteria of part 8800.2200. A personal-use airport is intended for the personal use of the owner of the airport.

Subp. 23. Planned.

"Planned" means only those proposed future airport developments that are so indicated on a planning document approved by the commissioner.

Subp. 24. Precision instrument runway.

"Precision instrument runway" means a runway with an instrument approach procedure utilizing an Instrument Landing System (ILS), a Microwave Landing System (MLS), a Precision Approach Radar (PAR), a Transponder Landing System (TLS), or a satellite-based system capable of operating to the same level of precision guidance provided by the other included systems.

Subp. 24a. Private airport.

"Private airport" means a restricted airport, whether privately or publicly owned. The persons who may use the airport are determined by the owner of the airport. A private airport may not be held out for public use nor may it be displayed on aeronautical charts except as a restricted facility.

Subp. 24b. Public airport.

"Public airport" means any airport, whether privately or publicly owned, the public use of which for aeronautical purposes is invited, permitted, or tolerated by the owner or person having the right of access and control.

Subp. 25. Rotorcraft.

"Rotorcraft" means a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors.

Subp. 26. Runway.

"Runway" means any existing or planned paved surface or turf covered area of the airport that is specifically designated and used or planned to be used for the landing and taking off of aircraft.

Subp. 26a. Seaplane base.

"Seaplane base" means an area of water used or intended to be used for the landing and takeoff of aircraft, together with appurtenant shoreside buildings and facilities. A seaplane base is an airport as defined in subpart 3.

Subp. 27. Slope.

"Slope" means an incline from the horizontal expressed in an arithmetic ratio of horizontal magnitude to vertical magnitude.

Subp. 28. Structure.

"Structure" means an object constructed or installed by people, including but not limited to buildings, towers, smokestacks, earth formations, and overhead transmission lines.

Subp. 29. Sunset and sunrise.

"Sunset" and "sunrise" mean the mean solar times of sunset and sunrise as published in the American Air Almanac, converted to local time.

Subp. 30. Traffic pattern.

"Traffic pattern" means the traffic flow that is prescribed for aircraft landing at, taxiing on, or taking off from an airport.

Subp. 31. Traverse ways.

"Traverse ways" means roads, railroads, trails, waterways, or any other avenue of surface transportation.

Subp. 32. Tree.

"Tree" means any object of natural growth.

Subp. 32a. Unlicensed landing area.

"Unlicensed landing area" means any area of land or water, other than a public, private, or personal-use airport, that is used or made available for the landing and takeoff of aircraft. Unlicensed landing areas must meet the criteria of part 8800.2300.

Subp. 33. Utility runway.

"Utility runway" means a runway that:

A. is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less; and

B. is less than 4,900 feet in length.

Subp. 34. VFR.

"VFR" means visual flight rules.

Subp. 35. Visual runway.

"Visual runway" means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure.

Subp. 36.

[Repealed, L 2003 1Sp19 art 2 s 79]

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 17 SR 1279; L 2003 1Sp19 art 2 s 79; 30 SR 215; 49 SR 1348

Minn. R. 8800.0300 Contested Case Hearings

Hearings in contested cases shall be in conformance with Minnesota Statutes, chapters 14 and 360 and in conformance with the rules for contested cases then in effect as promulgated by the Office of Administrative Hearings of the state of Minnesota.

This part does not include hearings in rulemaking and is supplementary to statutory provisions concerning the subject of contested cases.

History

Statutory Authority: MS s 14.06

Minn. R. 8800.0400 Taxation of Converted Military Aircraft

When a military aircraft is purchased for civilian use and enters the state of Minnesota, it will be given a base value for taxation purposes according to its age, condition, weight, and performance characteristics.

History

Statutory Authority: MS s 360.531

Minn. R. 8800.1100 Regulation of Structure Heights

When a permit is required under Minnesota Statutes, sections 360.81 to 360.91, application must be made to the commissioner. The commissioner shall make such investigation as may be necessary.

Minnesota Statutes, sections 360.81 to 360.91, do not apply to a structure for which an erection permit is required by the federal government.

Any person interested in the granting or denial of a permit may intervene in the matter of the application. A person desiring intervention shall notify the commissioner of the person's interest. Notification must be in writing.

Before issuing or denying a permit, the commissioner may request an informal appearance of the applicant or any person who has intervened in the matter of the application.

All hearings, notices, orders, and other procedural rules, regarding this subject must be in accordance with Minnesota Statutes, chapters 14 and 360, and any other applicable law.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 17 SR 1279; 30 SR 215

Minn. R. 8800.1200 Criteria for Determining Air Navigation Obstructions

Subpart 1. Application.

An existing object, including a mobile object, is, and a future object would be, an obstruction to air navigation if it is of greater height than any of the heights or surfaces established herein.

Subp. 2. Traverse ways.

Except for traverse ways whose activities are coordinated with adjacent controlled airports, the standards of this part apply only after the heights of traverse ways are increased by: 17 feet for interstate highways; 15 feet for all other public roadways; ten feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for private roads; 23 feet for railroads; for waterways and all other traverse ways not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.

Subp. 3.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 4. General obstructions.

The following objects will be considered general obstructions to air navigation:

A. objects extending more than 500 feet above ground level at the site of the object;

B. objects more than 200 feet above the ground or more than 200 feet above the established airport elevation, whichever gives the higher elevation, within three nautical miles of the nearest runway of an airport, and increasing in height in the proportion of 100 feet for each additional nautical mile of distance from the airport but not exceeding a maximum of 500 feet above ground;

C. objects which would increase the minimum obstruction clearance altitude of a federal airway or approved off-airway route;

D. objects whose elevation will increase a precision or nonprecision instrument approach flight altitude minimum or flight visibility minimum.

Subp. 5. Obstructions to public airports.

An object will be considered an obstruction to a public airport (excluding seaplane bases and heliports) if it is of greater height than any of the following airport imaginary surfaces:

A. Primary surface: an imaginary surface longitudinally centered on a runway and extending 200 feet beyond each end of a runway with a specially prepared hard surface or coinciding with each end of other runways. The width of the primary surface is 120 feet for visual runways at special-purpose airports, 250 feet for visual utility runways, or 500 feet for nonprecision instrument runways and for visual runways other than utility, or 1,000 feet for precision instrument runways and for nonprecision instrument runways having visibility minimums as low as three-fourths of a statute mile. The primary surface for each end of a runway has the same arithmetical value. The value is the highest determined for either end of the runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

B. Horizontal surface: an imaginary horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:

C. Conical surface: an imaginary conical surface extending upward and outward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet as measured radially outward from the periphery of the horizontal surface.

D. Approach surface: an imaginary surface longitudinally centered on the extended centerline at each end of a runway. The inner edge of the approach surface is at the same width and elevation as, and coincides with, the end of the primary surface. The approach surface inclines upward and outward at a slope of: 15:1 for a horizontal distance of 3,000 feet for visual runways at special-purpose airports, 20:1 for a horizontal distance of 5,000 feet for utility runways and visual other than utility runways, or 34:1 for a horizontal distance of 10,000 feet for all nonprecision instrument runways other than utility. The approach surface expands uniformly to a width of 1,020 feet at a distance of 3,000 feet from the end of the primary surface for visual runways at special-purpose airports, or 1,250 feet for visual utility runways, or 1,500 feet for visual runways other than utility, or 2,000 feet for utility runways with a nonprecision instrument approach, or 3,500 feet for nonprecision instrument runways other than utility, having visibility minimums greater than three-fourths statute mile, or 4,000 feet for nonprecision instrument runways other than utility, having visibility minimums as low as three-fourths of a statute mile.

E. Precision instrument approach surface: an imaginary surface longitudinally centered on the extended centerline at the end of a precision instrument runway. The inner edge of the precision instrument approach surface is at the same width and elevation as, and coincides with, the end of the primary surface. The precision instrument approach surface inclines upward and outward for a horizontal distance of 10,000 feet at a slope of 50:1, expanding uniformly to a width of 4,000 feet, then continues upward and outward for an additional horizontal distance of 40,000 feet at a slope of 40:1, expanding uniformly to an ultimate width of 16,000 feet.

F. Transitional surface: an imaginary surface extending upward and outward at right angles to the runway centerline and the runway centerline extended at a slope of 4:1 for visual runways at special-purpose airports, or 7:1 for all other runways. The transitional surfaces incline upward and outward from the sides of the primary surfaces and from the sides of the approach surfaces until they intersect the horizontal surface or the conical surface. Transitional surface for those portions of the instrument approach surface that project through and beyond the limits of the conical surface extend a distance of 5,000 feet measured horizontally from the sides of the approach surface and at right angles to the extended instrument runway centerline.

Subp. 6. Obstructions to public heliports.

An object will be considered an obstruction to a public heliport if it is of greater height than any of the following heliport imaginary surfaces:

A. Heliport primary surface: the primary surface of a heliport coincides in size and shape with the designated takeoff and landing area. This surface is a horizontal plane at the elevation of the established heliport elevation.

B. Heliport approach surface: the heliport approach surface begins at each end of the primary surface, with the same width as the primary surface and extends outward and upward at a slope of 8:1 for a horizontal distance of 4,000 feet where its width is 500 feet.

C. Heliport transitional surface: the heliport transitional surfaces extend outward and upward from the lateral boundaries of the primary surface and from the approach surfaces at a slope of 2:1 for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces.

Subp. 7. Obstruction marking and lighting.

The standards for marking and lighting structures are contained in FAA Advisory Circular 70/7460-1K, Obstruction Marking and Lighting, and any subsequent changes. These standards are incorporated by reference, are not subject to frequent change, and are conveniently available to the public through the Minitex interlibrary loan system.

Subp. 8. References.

See Minnesota Statutes, sections 360.061 et seq. and 360.081 et seq. for airport zoning statutes and for rules of structure height.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 369.90
History: L 2003 1Sp19 art 2 s 79; 30 SR 215

Minn. R. 8800.1300 [Repealed, 30 SR 215]

[Repealed, 30 SR 215]

Minn. R. 8800.1400 General Airport Licensing Provisions

Subpart 1. Approval and licensing; exemptions.

Every airport, before operating as an airport, must be approved and licensed by the commissioner, except as set forth in items A and B:

A. airports owned or operated by the Metropolitan Airports Commission, organized and existing under Minnesota Statutes, chapter 473;

B. personal-use airports located more than five miles from the nearest public airport.

Subp. 2. Application and fee.

Application for license must be made on forms supplied by the commissioner, accompanied by the appropriate fee, and renewed annually or triennially.

Subp. 3. Inspection.

The applicant for any license shall offer full cooperation in respect to any inspection which may be made of the airport premises upon proper demand at reasonable hours by any authorized representative of the commissioner, prior to or subsequent to the issuance of a license.

Subp. 4. Ownership.

The applicant shall show right of access to and control of the land, or right of access to the water area to be licensed, as owner, coowner, tenant, or by any other right of entry.

Subp. 5. Agency approvals.

No airport shall be licensed unless the applicant meets the requirements of other federal or state government agencies or their political subdivisions.

Subp. 6. License display.

The license issued under this part shall be posted in a prominent place at the airport.

Subp. 7. Nontransferability.

Licenses shall not be transferable.

Subp. 8. Restricted operation.

A letter of authority granting temporary or restricted operation may be issued pending full compliance with the provisions of these rules and shall have an expiration date.

Subp. 9. Change of operational status.

The licensee shall immediately notify the commissioner of any proposed construction, alteration, or change in the operational status of the airport. The licensee is also responsible for properly notifying the Federal Aviation Administration of such alterations or changes.

Subp. 10. Danger area or closed airport.

Any part of the landing strip or runway which has become temporarily unsafe, or for any reason is not available for use, shall be marked by suitable warning flags and/or flares which shall clearly show the boundaries of the danger area. Upon the closing, abandonment, or cessation of any airport the licensee shall immediately notify the commissioner, return the current license, and mark the landing area in a manner that clearly indicates that the airport is closed to air traffic. All markings indicating a usable runway must be obliterated. An "X" must be placed at a central location, the minimum size to be 3 feet by 30 feet, and of contrasting colors to the surrounding surface where the "X" is placed. In the event that the licensee fails to do the above, then and in such case, and without excusing the licensee, the commissioner may go upon the premises and remove the markings that indicate a usable runway and may also mark the airport as indicated above.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 17 SR 1279; 30 SR 215

Minn. R. 8800.1500 Waiver of Requirements; License Denial

In any case where it is determined that the public interest and safety will not be adversely affected, the commissioner may waive any of the requirements stated in parts 8800.1200 to 8800.2400 subject to such conditions or limitations as may be necessary. Conversely, where it is determined that the public interest and safety will be adversely affected, the commissioner may deny the issuance of a license, despite compliance with rules herein.

History

Statutory Authority: MS s 360.015

Minn. R. 8800.1600 Public Airport Licensing

Subpart 1. Application.

The requirements of this part do not apply to licensing public special-purpose airports, public seaplane bases, or public heliports. Specific requirements for the licensing of a public special-purpose airport are found in part 8800.1650. Specific requirements for licensing a public seaplane base are found in part 8800.1700. Specific requirements for licensing a public heliport are found in part 8800.1800.

Subp. 2. Minimum requirements.

A public airport must be granted a license when it has shown that it has met the general provisions of parts 8800.1400 and 8800.1500 and the minimum requirements of this part.

Subp. 3. Size.

A public airport must have at least one runway with a minimum usable length of 2,000 feet. The minimum width of a turf runway must be 75 feet. The minimum width of a hard-surfaced runway must be 60 feet. Other than utility runways must be at least 75 feet wide.

Subp. 4. Surface.

The landing surface shall be smooth and free from hazards or obstructions. The longitudinal gradient on any part of the landing area shall not exceed two percent. The transverse gradient shall not exceed three percent.

In addition, runway grade changes shall be such that any two points five feet above the runway centerline will be mutually visible for the entire runway length.

Subp. 5. Obstructions.

The minimum obstruction clearance requires that a structure, tree, or mobile object that creates a hazard, other than those necessary and incidental to airport operation, must not penetrate the imaginary airspace surfaces described in part 8800.1200, subpart 5, items A, D, and E. The standards of this part also apply to traverse ways only after their heights have been increased as described in part 8800.1200, subpart 2.

Subp. 6. Edge markers.

Turf runways shall be outlined with effective edge markers and end markers which shall be constructed of a durable material and installed in such a manner so as to be clearly visible from traffic pattern altitude.

Subp. 7. Buildings.

Buildings and structures on a public airport shall not be closer than 250 feet to the centerline of the runway. For height limitations see part 8800.1200, subpart 5.

Subp. 8. Wind sock.

All public airports must be equipped with a wind sock, 3 feet by 12 feet, blaze orange in color, which must be operable and clearly visible from the pattern altitude when within one mile of the airport during daylight hours. If the airport is lighted for night operations, the wind sock must also be lighted.

Subp. 9. Fencing.

Such adequate fencing or barriers shall be constructed as will prevent all persons not engaged in flight activities from having access to a position of danger with relation to aircraft in the vicinity of building areas and on the flight line.

Subp. 10. Lighting.

If the airport is lighted for night operations and is advertised as lighted for night operations, the lights shall be kept on from dusk to dawn. Any object in the approach zone of a lighted visual utility runway that extends above a slope of 30:1 shall be marked and lighted in accordance with the standards for obstruction marking and lighting where requested by the commissioner in the interest of safety.

Subp. 11. Tiedowns.

Facilities must be furnished for at least three more aircraft than regularly use the facilities. The tiedowns are to be marked and maintained so as to be readily located.

Subp. 12. Toilets.

A sanitary public toilet facility shall be provided at all public airports, except where it can be demonstrated that it is impracticable to install such a facility. An enclosed portable chemical toilet, properly maintained and serviced, shall be acceptable.

Subp. 13. Fuel.

All fuel dispensed on the airport for aircraft use must be filtered to be free of solid matter in excess of five microns particle size and to have a free water content less than 30 parts per million parts of fuel.

Subp. 14. Fire extinguishers.

At least one properly maintained fire extinguisher shall be available in the vicinity of the fuel pump or on the flight line if fuel is dispensed. It must be a minimum of 20 B. rating or equivalent.

Subp. 15. Telephone.

When feasible, a telephone shall be made available for public use. Telephone numbers for the appropriate flight service station, for emergency assistance, and for aircraft servicing shall be prominently posted.

Subp. 16. Bulletin board.

A weather-protected bulletin board shall be prominently located on the airport. Posted thereon shall be the airport license, safety and traffic rules, and an area map showing danger or restricted areas.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 30 SR 215; 31 SR 350

Minn. R. 8800.1650 Public Special-Purpose Airport Licensing

Subpart 1. Application.

A "public special-purpose airport" is a public airport, as defined in part 8800.0100, and is intended for use by aircraft issued an FAA special airworthiness certificate in the light sport category.

Subp. 2. Minimum requirements.

A public special-purpose airport must be granted a license when it has met the general provisions of parts 8800.1400 and 8800.1500 and the minimum requirements of this part.

Subp. 3. Size.

The longest runway must have a maximum usable length of less than 2,000 feet. The minimum allowable runway length must be 1,000 feet. The minimum width of a turf runway must be 60 feet. The minimum width of a hard surface runway must be 50 feet.

Subp. 4. Surface.

The landing surface must be smooth and free from hazards or obstructions. The longitudinal gradient on any part of the landing area must not exceed two percent. The transverse gradient must not exceed three percent. In addition, runway grade changes must be such that any two points five feet above the runway centerline will be mutually visible for the entire runway length.

Subp. 5. Obstructions.

The minimum obstruction clearance requires that any structure, tree, or mobile object that creates a hazard, other than those necessary and incidental to airport operation, must not penetrate the imaginary surfaces at special-purpose airports as described in part 8800.1200, subpart 5, items A, D, and E. The standards of this part also apply to traverse ways only after their heights have been increased as described in part 8800.1200, subpart 2.

Subp. 6. Edge markers.

Turf runways must be outlined with effective edge markers and end markers, which must be constructed of a durable material and installed in a manner so as to be clearly visible from traffic pattern altitude.

Subp. 7. Buildings.

Buildings and structures on a public special-purpose airport must not be closer than 50 feet from the side of the runway and must not penetrate the surfaces defined in part 8800.1200, subpart 5.

Subp. 8. Wind sock.

All public special-purpose airports must be equipped with a wind sock, a minimum of 18 inches by eight feet, fluorescent yellow in color, which must be operable and clearly visible from the pattern altitude when within one mile of the airport during daylight hours. If the airport is lighted for night operations, the wind sock must also be lighted.

Subp. 9. Lighting.

If the airport is lighted for night operations and is advertised as lighted for night operations, the lights must be kept on from dusk to dawn. Any object in the approach zone of a lighted visual runway that extends above a slope of 20:1 must be marked and lighted in accordance with the standards for obstruction marking and lighting where requested by the commissioner in the interest of safety.

Subp. 10. Tie-downs.

Facilities must be furnished for at least three more aircraft than regularly use the airport. Tie-downs are to be marked and maintained so as to be readily located.

Subp. 11. Toilets.

A sanitary public toilet facility must be provided at all public special-purpose airports, except where it can be demonstrated that it is impractical to install the facility. An enclosed portable chemical toilet, properly maintained and serviced, is acceptable.

Subp. 12. Fuel.

Subp. 13. Fire extinguishers.

At least one properly maintained fire extinguisher must be available in the vicinity of the fuel pump or on the flight line if fuel is dispensed. It must be a minimum of 20-B rating or equivalent.

Subp. 14. Telephone.

When feasible, a telephone must be made available for public use. Telephone numbers for the appropriate flight service station, for emergency assistance, and for aircraft servicing must be prominently posted.

Subp. 15. Bulletin board.

A weather-protected bulletin board must be prominently located on the airport and must display the public special-purpose airport license, safety and traffic rules, and a location map showing danger or restricted areas.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 30 SR 215; 31 SR 350

Minn. R. 8800.1700 Public Seaplane Base Licensing

Subpart 1. Operation.

In case the body of water to be used for landing and taking off is under the jurisdiction of any federal, state, municipal port or other authority, the operations on such body of water shall be in conformity with the marine traffic rules and regulations of such authority, to the extent that such rules and regulations do not interfere with the safe operations of aircraft.

Subp. 2. Separate licenses.

The license issued to a seaplane base shall apply to the land area from which operations are conducted. Where two or more bases located on the same body of water are under different ownership or control, each base shall obtain a separate seaplane base license.

Subp. 3. Application.

A "public seaplane base" is a public airport as defined in part 8800.0100. The use of a body of water for a public seaplane base does not impair or deny the right of the public to the use of these public waters.

Subp. 4. Requirements.

A public seaplane base shall be granted a license when it has shown it has met the general provisions of parts 8800.1400 and 8800.1500 and the minimum requirements of this part.

Subp. 5. Size.

The body of water shall have a minimum usable length of at least one mile and shall be of sufficient width and depth to permit the safe operation of aircraft on the surface. All approaches to the landing area shall be sufficiently clear of obstructions to permit a 20:1 glide angle to the nearest point of the usable landing area, provided that if any structure on the land is located within 300 feet of the centerline of the approach path, such glide angle shall be computed so as to provide a clearance of at least 100 feet above such structure.

Subp. 6. Boundary markers.

The outline of that part of the area available for landing, takeoff, and taxiing when required in the interest of safety, shall be marked. All hazards, including underwater obstructions in the landing, approach, departure, and taxi areas shall be marked. All such markers shall be constructed of a durable material and in such a manner so as to be clearly visible from traffic pattern altitude.

Subp. 7. Wind sock.

Each public seaplane base must be equipped with a wind sock 3 feet by 12 feet, blaze orange in color, which must be operable and clearly visible from the pattern altitude when within one mile of the seaplane base during daylight hours. If night operations are conducted at the base, the wind sock must be lighted.

Subp. 8. Dock.

A dock or float, suitable for the loading and unloading of seaplanes, shall be so located as to afford the maximum degree of operational safety.

Subp. 9. Ramp.

A ramp, or equivalent substitute, for beaching of aircraft, shall be provided. Tie down or storage area shall be so arranged that the ramp is normally clear for the beaching of incoming aircraft.

Subp. 10. Toilets.

A sanitary public facility shall be provided at all public seaplane bases, except where it can be demonstrated that it is impracticable to install such facility. An enclosed portable chemical toilet, properly maintained and serviced shall be acceptable.

Subp. 11. Telephone.

When feasible, a telephone should be made available for public use. Telephone numbers for the appropriate flight service station, for emergency assistance, and for aircraft servicing will be prominently posted.

Subp. 12. Bulletin board.

A weather-protected bulletin board shall be prominently located on the seaplane base. Posted thereon shall be the seaplane base license, safety and traffic rules, and an area map showing danger or restricted areas.

Subp. 13. Beaching or mooring.

Beaching or mooring facilities must be provided for at least three more seaplanes than regularly use the facilities.

Subp. 14. Life preserver.

At least one life preserver shall be immediately available for use at all times.

Subp. 15. Boat.

A boat and operable motor must be immediately available for use at all times that the seaplane base is attended.

Subp. 16. Lines.

An adequate supply of lines for heaving, towing, securing, and rescue operations shall be kept available.

Subp. 17. Fuel.

All fuel dispensed at the public seaplane base for aircraft use must be filtered to be free of solid matter in excess of five microns particle size and to have a free water content less than 30 parts per million parts of fuel.

Subp. 18. Fire extinguishers.

At least one properly maintained fire extinguisher shall be available in the vicinity of the fuel pump or at the ramp or dock. It must be a minimum of 20 B. rating or equivalent.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 30 SR 215; 31 SR 350

Minn. R. 8800.1800 Public Heliport Licensing

Subpart 1. Application.

A "public heliport" is a public airport as defined in part 8800.0100. For public heliports, the minimum design helicopter characteristics are a rotor diameter of 37 feet, an overall length of 43 feet, and an undercarriage length and width of ten feet.

Subp. 1a. Minimum requirements.

A public heliport must be granted a license when it has met the general provisions of parts 8800.1400 and 8800.1500 and the minimum requirements of this part.

Subp. 2.

[Repealed, 30 SR 215]

Subp. 3. Obstructions.

An object is considered an obstruction to a public heliport if it is of greater height than any of the following heliport imaginary surfaces:

A. heliport primary surface that coincides in size and shape with the designated final approach and takeoff area (FATO) as defined in the latest edition of the FAA Heliport Design Advisory Circular No. 150/5390-2B, which is incorporated by reference, is not subject to frequent change, and is conveniently available to the public at the state law library in St. Paul;

B. heliport approach surface as defined in Code of Federal Regulations, title 14, part 77, and, for heliports with instrument approaches, the latest edition of the FAA Heliport Design Advisory Circular;

C. heliport transitional surface as defined in Code of Federal Regulations, title 14, part 77, for heliports without instrument approach procedures and the latest edition of the FAA Heliport Design Advisory Circular for heliports with instrument approaches;

D. heliport safety area as defined in the latest edition of the FAA Heliport Design Advisory Circular; or

E. traverse ways, but only after their heights have been increased as described in part 8800.1200, subpart 2.

Subp. 4. Touchdown and liftoff area (TLOF).

The touchdown and liftoff area (TLOF) is a load-bearing, generally paved area, normally centered in the FATO, on which the helicopter lands or takes off. The TLOF minimum size is as defined in the latest edition of the FAA Heliport Design Advisory Circular.

Subp. 5.

[Repealed, 30 SR 215]

Subp. 6. Approach-departure paths.

Approach-departure paths must be selected with consideration for prevailing winds and the availability of emergency landing areas along the paths. These paths begin at the edge of the FATO and extend outward and upward as described in subpart 3, item B. A visual approach surface may be curved. If the approach-departure path is curved, its centerline must have a turning radius of not less than 700 feet and the curved portion of the path must begin at a distance not less than 300 feet from the FATO.

A public heliport must have at least two approach-departure paths, which must be separated by an arc of at least 90 degrees.

Subp. 7. Fuel.

All fuel dispensed on the public heliport for aircraft use must be filtered to be free of solid matter in excess of five microns particle size and to have a free water content of less than 30 parts per million parts of fuel.

Subp. 8. Fire extinguishers.

At least one properly maintained fire extinguisher must be available if fuel is dispensed. It must be a minimum of 20-B rating or its equivalent.

Subp. 9. Wind sock.

All public heliports must be equipped with an operable wind sock, three feet by 12 feet, blaze orange in color. If the heliport is lighted for night operations, the wind sock must also be lighted.

Subp. 10. Safety barriers.

Access to the FATO and the heliport safety area, if any, must be fenced or protected to keep unauthorized persons out of these areas. Suitable placards warning of the dangers of turning rotors must be prominently displayed in pedestrian access areas. If a fence is used, it must not penetrate the heliport imaginary surfaces described in subpart 3.

Subp. 11. Rooftop egress.

Rooftop heliports must have exits on different sides of the TLOF.

Subp. 12.

[Repealed, 30 SR 215]

Subp. 13. Transport heliports.

A "transport heliport" is a heliport intended to accommodate air carrier operators providing scheduled or unscheduled service with large helicopters. Transport heliports must meet the standards for transport heliports in the latest edition of the FAA heliport design advisory circular.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 30 SR 215; 31 SR 350

Minn. R. 8800.1900 Private Airport Licensing

Subpart 1. Application.

The requirements of this part do not apply to licensing private seaplane bases or private heliports. Specific requirements for licensing a private seaplane base are found in part 8800.2000. Specific requirements for licensing a private heliport are found in part 8800.2100.

Subp. 2. Minimum requirements.

A private airport shall be granted a license when it has met the general provisions of parts 8800.1400 and 8800.1500 and the minimum requirements of this part.

Subp. 3. Size.

At least one runway with a minimum usable length of 1,000 feet. At airports where the longest runway is 2,000 feet or longer, the minimum width of a turf runway must be 75 feet and the minimum width of a hard-surfaced runway must be 60 feet. At airports where the longest runway is less than 2,000 feet, the minimum width of a turf runway must be 60 feet and the minimum width of a hard-surfaced runway must be 50 feet.

Subp. 4. Surface.

The landing surface shall be smooth and free from hazards or obstructions.

Subp. 5. Obstructions.

The minimum obstruction clearance requires that no structure, tree, or mobile object that creates a hazard, other than those necessary and incidental to airport operation, may penetrate the imaginary airspace surfaces described in items A and B:

A. Primary surface: an imaginary surface longitudinally centered on a runway and at the same elevation as the elevation of the nearest point on the runway centerline, extending to the ends of each runway. At airports where the longest runway is 2,000 feet or longer, the width of the primary surface is 200 feet. At airports where the longest runway is less than 2,000 feet, the width of the primary surface is 120 feet.

B. Approach surface: an imaginary surface longitudinally centered on the extended centerline at each end of a runway. The inner edge of the approach surface is at the same width and elevation as, and coincides with, the end of the primary surface. At airports where the longest runway is 2,000 feet or longer, the approach surface inclines upward and outward at a slope of 20:1 for a horizontal distance of 5,000 feet, expanding uniformly to a width of 1,200 feet. At airports where the longest runway is less than 2,000 feet, the approach surface inclines upward and outward at a slope of 15:1 for a horizontal distance of 3,000 feet, expanding uniformly to a width of 1,020 feet.

Subp. 6. Edge markers.

Subp. 7. Wind sock.

All private airports must be equipped with a wind sock.

Subp. 8. Fuel.

Subp. 9. Fire extinguishers.

At least one properly maintained fire extinguisher shall be available in the vicinity of the fuel pump or on the flight line if fuel is dispensed for sale. It must be a minimum of 20 B. rating or equivalent.

Subp. 10. Hazards.

A private airport shall not impose undue hazards upon adjoining property or its occupants or endanger the user or use of existing surface transportation or power and communication transmission lines.

Subp. 11. Commercial use.

A private airport may be used for limited commercial operations as provided for in parts 8800.3100 and 8800.3200.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 30 SR 215; 31 SR 350

Minn. R. 8800.2000 Private Seaplane Base Licensing

Subpart 1. Application.

A "private seaplane base" is a private airport as defined in part 8800.0100.

Subp. 2. Minimum requirements.

A private seaplane base will be granted a license when it has shown that it has met the minimum requirements of this part.

Subp. 3. Operation.

In case the body of water to be used for landing and taking off is under the jurisdiction of any federal, state, municipal port, or other authority, the operations on such body of water shall be in conformity with the marine traffic rules and regulations of such authority, to the extent such rules and regulations do not interfere with the safe operation of aircraft.

Subp. 4. Separate licenses.

Subp. 5. Public use.

The use of such body of water for aeronautical purposes shall in no way impair or deny the right of the public to the use of public waters.

Subp. 6. Size.

The body of water shall be of sufficient length, width, and depth to permit safe operation by the aircraft intended to use it. The approaches to the landing area shall be sufficiently clear of obstructions to permit a 20:1 glide angle to the nearest point of the usable landing area, provided that if any structure on the land is located within 300 feet of the centerline of the approach path, such glide angle shall be computed so as to provide a clearance of at least 100 feet above such structure.

Subp. 7. Markers.

All hazards in the approach or landing area, including underwater obstructions, shall be marked.

Subp. 8. Wind sock.

All private seaplane bases must be equipped with a wind sock.

Subp. 9. Fuel.

Subp. 10. Fire extinguishers.

At least one properly maintained fire extinguisher shall be available in the vicinity of the fuel pump or at the ramp or dock. It must be a minimum of 20 B. rating or equivalent.

Subp. 11. Hazards.

A private seaplane base shall not impose undue hazards upon adjoining property or its occupants or endanger the user or use of existing surface transportation or power and communication transmission lines.

Subp. 12. Commercial use.

A private seaplane base may be used for limited commercial operations as provided for in parts 8800.3100 and 8800.3200.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 30 SR 215; 31 SR 350

Minn. R. 8800.2100 Private Heliport Licensing

Subpart 1. Application.

A "private heliport" is a private airport as defined in part 8800.0100.

Subp. 2. Minimum requirements.

A private heliport must be granted a license when it has met the general provisions of parts 8800.1400 and 8800.1500 and the minimum requirements of this part.

Subp. 3.

[Repealed, 30 SR 215]

Subp. 3a. Obstructions.

An object is considered an obstruction to a private heliport if it is of greater height than any of the following heliport imaginary surfaces:

A. heliport primary surface, that coincides in size and shape with the final approach and takeoff area (FATO) as defined in the latest edition of the FAA Heliport Design Advisory Circular, which is incorporated by reference in part 8800.1800, subpart 3;

B. heliport approach surface as defined in Code of Federal Regulations, title 14, part 77, and for heliports with instrument approaches, the latest edition of the FAA Heliport Design Advisory Circular;

C. heliport safety area as defined in the latest edition of the FAA Heliport Design Advisory Circular; or

D. traverse ways, but only after their heights have been increased as described in part 8800.1200, subpart 2.

Subp. 4. Touchdown and liftoff area (TLOF).

Subp. 5.

[Repealed, 30 SR 215]

Subp. 6.

[Renumbered subp. 3a]

Subp. 7. Approach-departure paths.

A visual approach surface may be curved. If the approach-departure path is curved, its centerline must have a turning radius of not less than 700 feet and the curved portion of the path must begin at a distance not less than 300 feet from the FATO.

A private heliport must have at least two approach-departure paths, which must be separated by an arc of at least 90 degrees.

Subp. 8. Fuel.

All fuel dispensed on the heliport for aircraft use must be filtered to be free of solid matter in excess of five microns particle size and to have a free water content of less than 30 parts per million parts of fuel.

Subp. 9. Fire extinguishers.

At least one properly maintained fire extinguisher must be available if fuel is dispensed. It must be a minimum of 20-B rating or its equivalent.

Subp. 10. Wind sock.

All private heliports must be equipped with a wind sock.

Subp. 11. Safety barriers.

Access to the FATO and the safety area, if any, must be fenced or protected to keep unauthorized persons out of these areas. Suitable placards warning of the dangers of turning rotors must be prominently displayed in pedestrian access areas. If a fence is used, it must not penetrate the heliport imaginary surfaces described in subpart 3a.

Subp. 11a. Rooftop egress.

Rooftop heliports must have exits on different sides of the TLOF.

Subp. 12. Hazards.

A private heliport shall not impose undue hazards upon adjoining property or its occupants or endanger the user or use of existing surface transportation or power and communication transmission lines.

Subp. 13. Commercial use.

A private heliport may be used for limited commercial operations as provided in parts 8800.3100 and 8800.3200.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 30 SR 215; 31 SR 350

Minn. R. 8800.2200 Personal-Use Airport Licensing

Subpart 1. Application.

There are three types of licenses: personal-use airport license; personal-use seaplane base license; and personal-use heliport license.

Subp. 2. Minimum requirements.

Personal-use airports shall be granted a license when they have met the general provisions of parts 8800.1400 and 8800.1500 and the minimum requirements of this part.

Subp. 3. Size.

A personal-use airport shall be of sufficient length and width and the approaches shall be sufficiently clear of obstructions to permit safe operations by the aircraft intended to use it.

Subp. 4. Surface.

The landing surface shall be smooth and free from hazards or obstructions.

Subp. 5. Operation.

A personal-use airport shall not interfere with the safe operation of any public airport or with the safety of any federal airways.

Subp. 6. Restrictions.

A personal-use airport shall not be operated except in accordance with the restrictions set forth below:

A. A personal-use airport shall not be held out as available for public use, nor shall the public use of a personal-use airport be invited, permitted, or tolerated.

B. A personal-use airport shall not be used for commercial activities which include the operation of aircraft for the purpose of carrying passengers, providing air charter, flight instruction, aircraft rental and/or leasing, or other operations deemed similar in character by the commissioner. However, a personal-use airport may be used for commercial activities which include the operation of aircraft for the purpose of aerial spraying and dusting, banner towing, balloon operations, aerial photography, pipeline/powerline patrol, or other operations deemed similar by the commissioner.

C. A personal-use airport shall not be displayed on any chart for public distribution.

Subp. 7. Hazards.

A personal-use airport shall not impose undue hazards upon adjoining property or its occupants or endanger the user or use of existing surface transportation or power and communication transmission lines.

Subp. 8. Seaplane base.

In addition to the general requirements listed in subparts 1 to 7 for licensing personal-use airports, the following specific requirements must be met before the commissioner grants a license for a personal-use seaplane base.

A personal-use seaplane base license applies to the land area from which operations are conducted. When two or more bases located on the same body of water are under different ownership or control, each base must obtain a separate personal-use seaplane base license. The commissioner may not grant a personal-use seaplane base license for those lakes upon which seaplane operations are prohibited by part 8800.2800.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 30 SR 215; 31 SR 350

Minn. R. 8800.2300 Unlicensed Landing Areas

Subpart 1. Application.

The following persons may use an unlicensed landing area only for temporary operations for the purpose designated:

A. a person holding a private pilot's certificate, or higher rating, for private use for temporary operations; or

B. a person, firm, or corporation holding a license as a commercial operator for temporary operations in connection with commercial operations.

Subp. 1a. Compliance.

No person shall use or make available an unlicensed landing area except in compliance with the provisions of this part.

Subp. 2. Temporary operations.

"Temporary operations" are operations conducted at sites that are used or intended to be used for periods of less than 30 days.

Subp. 3. Requirements for use of unlicensed landing areas.

No person shall use or make available the use of an unlicensed landing area except in conformity with the following conditions:

A. Aircraft shall not be stored or regularly based at an unlicensed landing area.

B. The landing area proposed to be used shall be of sufficient length and width and free from obstructions, and the surface shall be in suitable condition to permit the safe operation of the type of aircraft to be used thereon.

C. The aircraft owner or operator must have the permission of the landowner to use the landing area or any facilities for the purpose and time intended.

D. The use of the land and operating area shall in no way endanger persons or property, and suitable safeguards necessary to protect the safety of passengers and public shall be provided.

E. Where it uses an unlicensed water landing area, the aircraft shall carry an approved type of life preserver for the pilot and each passenger.

Subp. 4. Hazards.

An unlicensed landing area shall not impose undue hazards upon adjoining property or its occupants or endanger the user or use of existing surface transportation or power and communication transmission lines.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 17 SR 1279; 30 SR 215

Minn. R. 8800.2400 Airport Zoning Standards

Subpart 1. Standards.

The zoning of public airports as to airspace, land use safety, and noise sensitivity must meet the minimum standards in this part.

Subp. 2. Airport zoning powers.

Any person or governmental body having airport zoning powers under Minnesota Statutes, sections 360.061 to 360.074 may adopt airport zoning ordinances, orders, or regulations more restrictive than the minimum zoning standards in this part or in any other applicable law.

Subp. 3. Airspace zones.

The following airspace zones are established with relation to an airport and each runway:

A. Primary zone: all land that lies directly under an imaginary primary surface, as defined in part 8800.1200, subpart 5, item A.

B. Horizontal zone: all land that lies directly under an imaginary horizontal surface, as defined in part 8800.1200, subpart 5, item B.

C. Conical zone: all land that lies directly under an imaginary conical surface, as defined in part 8800.1200, subpart 5, item C.

D. Approach zone: all land that lies directly under an imaginary approach surface, as defined in part 8800.1200, subpart 5, item D.

E. Precision instrument approach zone: all land that lies directly under an imaginary precision instrument approach surface, as defined in part 8800.1200, subpart 5, item E.

F. Transitional zone: all land that lies directly under an imaginary transitional surface, as defined in part 8800.1200, subpart 5, item F.

Subp. 4. Height restrictions.

Except as necessary and incidental to airport operation, structures and trees must not be constructed, altered, or allowed to grow in any airport zone so as to project above any of the imaginary airspace surfaces under subpart 3.

Subp. 5. Land use safety zones.

The following land use safety zones are established with relation to an airport and each existing or planned runway:

A. Safety zone A:

B. Safety zone B:

C. Safety zone C: all land that is enclosed within the perimeter of the horizontal zone defined in subpart 3, item B, and that is not included in safety zone A or safety zone B.

Subp. 6. Use restrictions.

To restrict uses that may be hazardous to the operational safety of aircraft operating to and from an airport and to limit population and building density in the runway approach areas to create sufficient open space so as to protect life and property in case of an accident, the following use restrictions apply to the land use safety zones.

A. Safety zone A must not contain buildings or exposed transmission lines and must be restricted to uses that will not create, attract, or bring together an assembly of persons. Permitted uses may include but are not limited to such uses as agriculture (seasonal crops), horticulture, raising of livestock, light outdoor recreation (nonspectator), cemeteries, fencing, roadways, railways, trails, and auto parking.

B. Safety zone B must be restricted in use as follows. Each use must be on a site whose area is not less than three acres. Each use must not create, attract, or bring together a site population that would exceed 15 times that of the site acreage. Each site must have no more than one building plot upon which any number of structures may be erected. A building plot must be a single, uniform, and noncontrived area, whose shape is uncomplicated and whose area must not exceed the following minimum ratios with respect to the total site area: The following uses are specifically prohibited in safety zone B: institutions of religious assembly, hospitals and clinics, nursing homes, schools, theaters, stadiums, hotels and motels, trailer courts, campgrounds, and other places of similar use.

C. Safety zone C is subject only to the general restrictions contained in item D.

D. The use of any land in any of the safety zones is prohibited if the use:

E. Existing land uses are subject to the use restrictions contained in this item.

Subp. 7.

[Repealed, 49 SR 1348]

History

Statutory Authority: MS s 360.015
History: 49 SR 1348

Minn. R. 8800.2500 Financial Aid for Municipal Airport Projects

Subpart 1. Airport projects.

The commissioner must make a substantive decision as to the merit or necessity of each project and project application. A substantial aeronautical requirement must be shown by the municipality whereby the contemplated or existing airport is a necessary part of a system of public airports adequate to meet the present and anticipated needs of civil aviation in Minnesota.

Subp. 2. Project requirements.

The airport must be able to handle air traffic safely and adequately. The public interest and aeronautical progress of the state must be reflected in each project and project application. The municipality must show that:

A. sufficient funds are available for that portion of the project costs to be borne by the municipality;

B. the project will be completed without undue delay; and

C. the municipality submitting the project application has legal authority to engage in the development as proposed.

Subp. 3. Clear zone.

To be eligible for funding for the construction, improvement, or maintenance of airports or for air navigation facilities for an airport, each airport licensed as a public airport by the commissioner must comply with the clear zone provisions established in this part or provide written notice to the commissioner that demonstrates the airport's good faith efforts to make progress toward compliance.

Subp. 4. Clear zone dimensions.

Clear zone dimensions must be based on an airport's planned build-out conditions. The dimensions of each clear zone are established for and based on the type of existing or planned approach for each runway end.

A. The inner edge of the clear zone is the same width as, and coincides with, the end of the primary surface, as defined in part 8800.1200, subpart 5, item A.

B. The clear zone extends outward under the approach surface, as defined in part 8800.1200, subpart 5, item D. The clear zone expands uniformly from the end of the primary surface, following the approach surface to a terminal distance of:

Subp. 5. Clear zone ownership.

To provide for the safety of aircraft operations and populations in runway approach zones, airports must meet the requirements in item A or B:

A. an airport sponsor must own one hundred percent of all clear zones in fee simple based on planned build-out conditions in accordance with the dimensions provided in subpart 4; or

B. the airport sponsor must prepare a clear zone acquisition plan as provided in subpart 6.

Subp. 6. Clear zone acquisition plan.

The airport sponsor must prepare a clear zone acquisition plan that documents the plan for acquiring all clear zones in fee simple and obtain approval from the commissioner as required under Minnesota Statutes, section 360.305, subdivision 5.

Subp. 7. Exceptions.

In cases where it is not feasible to own the entire clear zone in fee simple due to airport-specific constraints, such as cost burdens that present a hardship for the airport sponsor; the need to obtain a parcel that is not readily severable from other land; or natural features of the terrain, such as a river that make acquisition impracticable, the airport sponsor may request an exception. To request an exception, a clear zone acquisition plan must be prepared and include:

A. a list of property interests currently owned and property interests identified for future acquisition;

B. any natural and manmade features within clear zones based on the dimensions provided in subpart 4, items A and B, including those that may result in congregations of people or exceed height standards defined by part 8800.1200;

C. factors limiting clear zone acquisition;

D. existing or proposed future land use control strategies to support airport-compatible land uses within clear zones; and

E. an explanation of any potential negative safety impacts that not owning the entire clear zone in fee simple may have on aircraft operations and populations in runway approach zones.

Subp. 8. Evaluation of clear zone acquisition plan.

The commissioner must evaluate the clear zone acquisition plan and the information required by subpart 7. If the commissioner approves the clear zone acquisition plan, the airport sponsor must be notified in writing. If the commissioner does not approve the clear zone acquisition plan, the commissioner must notify the airport sponsor in writing and provide the reasons for disapproval. The commissioner must disapprove a plan upon finding that a requested exception does not adequately provide for the safety of aircraft operations and populations in the runway approach zones. The airport sponsor may revise and resubmit the clear zone acquisition plan within 90 days of the disapproval for further evaluation until the plan is approved.

Subp. 9. Applicability.

Airports with airport layout plans approved under Minnesota Statutes, section 360.305, subdivision 5, on or after the effective date of this part must meet the criteria in subpart 5, item A or B. Airports without approved airport layout plans or airports with airport layout plans approved before the effective date of this part must meet the criteria in subpart 5, item A or B, when they next complete a full update of their airport layout plan.

History

Statutory Authority: MS s 360.015
History: 49 SR 1348

Minn. R. 8800.2600 Compliance with Marine Traffic Rules

All seaplanes must comply with marine traffic rules to the extent that such rules do not interfere with the safe operations of aircraft.

History

Statutory Authority: MS s 360.015

Minn. R. 8800.2700 Approaches and Takeoffs

All approaches to and takeoffs from the water area shall be made in such a manner as to clear all structures on the land by at least 100 feet, and wherever the area of the body of water will permit, such landing and takeoffs shall be made at a distance of not less than 300 feet, both laterally and vertically, from any boat or person on the surface of the water, or as near to 300 feet as the area of the water will permit.

History

Statutory Authority: MS s 360.015

Minn. R. 8800.2800 Seven-County Metropolitan Region Seaplane Operations

Subpart 1. Scope.

This part covers only seaplane operations on all public waters within the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. This part does not apply to aircraft equipped with either skis or wheels when public waters are frozen.

Subp. 2. Permissible operations.

Seaplane operations are permitted only on the following public waters within the seven-county metropolitan area.

A. Anoka County: Centerville Lake; Coon Lake; George Watch Lake; Ham Lake; Howard Lake; Lake George; Linwood Lake; Martin Lake; Mississippi River; Mud Lake; Otter Lake; Peltier Lake; Pickerel Lake; Reshenau Lake; Rice Lake; and Round Lake.

B. Carver County: Goose Lake; Hazeltine Lake; Lake Minnewashta; Lake Pettersen; Lake Riley; Lake Waconia; Lunsten Lake; Mud Lake; Oak Lake; Parley Lake; Pierson Lake; and Tiger Lake.

C. Dakota County: Alimagnet; Byllesby Reservoir; Crystal Lake; Lake Marion; Mississippi River; Orchard Lake; and St. Croix River.

D. Hennepin County: Bryant Lake; Diamond Lake; Eagle Lake; Fish Lake; French Lake; Lake Independence; Lake Sarah; Medicine Lake; Mississippi River; Ox Yoke Lake; Schmidt Lake; Whaletail Lake; and Lake Minnetonka, except for the following lakes and bays within or adjacent to Lake Minnetonka: Black Lake, Emerald Lake, French Lake, Forest Lake, Gray's Bay, Libb's Lake, Peavy Lake, Seton Lake, and Tanager Lake.

E. Ramsey County: Bald Eagle Lake; Lake Owasso; Long Lake; Mississippi River; Turtle Lake; and White Bear Lake.

F. Scott County: Cedar Lake; Geis Lake; Pleasant Lake; Prior Lake East; Prior Lake West; and Spring Lake.

G. Washington County: Big Carnelian Lake; Big Marine Lake; Clear Lake; Forest Lake; Lake Elmo; Mississippi River; Oneka Lake; and St. Croix River.

Subp. 3. Prohibited operations.

Seaplane operations are prohibited on all public waters within the seven-county metropolitan area not listed in subpart 2; also see subpart 5.

Subp. 4. Further restrictions.

All seaplane operations are prohibited from 11 a.m. (CDST) to 6 p.m. (CDST) on Saturdays, Sundays, and national legal holidays between June 1 and September 15 on the following public waters: Lake Minnetonka and all bays and lakes therein; White Bear Lake and all bays and lakes therein; and Lake Owasso and all bays and lakes therein.

However, this restriction does not apply to the holder of a private or personal-use seaplane base license issued under parts 8800.2000 and 8800.2200 while operating to and from the holder's licensed base, subject to the following conditions: such operations are limited to a maximum of one takeoff and one landing during these restricted hours and are authorized only when lake traffic and use permit operations to be conducted in a safe and reasonable manner.

Subp. 5. Emergency use.

Nothing in this part shall be construed to prohibit the landing or taking off of a seaplane in case of a bona fide emergency.

Subp. 6. Ski-equipped aircraft.

When lakes are frozen, aircraft equipped with either wheels or skis may operate on the lakes if such operations can be conducted in a safe and reasonable manner relative to lake traffic and use.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 13 SR 1154; 17 SR 1279; 30 SR 215

Minn. R. 8800.3100 Definition of Commercial Operations

"Commercial operations" means any operation of an aircraft for compensation or hire, or any services performed incidental to the operation of any aircraft for which a fee is charged or compensation received including, but not limited to, the servicing, maintaining, and repairing of aircraft; the rental or charter of aircraft; the operation of flight or ground schools; the operation of aircraft for the application or distribution of chemicals or other substances; aerial photography and surveys; air shows or expositions; and the operation of aircraft for fishing. "Commercial operations" also means the brokering or selling of any of these services but does not include any operations of aircraft as common carriers certificated (certified) by the federal government or the services incidental to certificated operations.

Note: Shared expense flights as defined in the Federal Aviation Regulations are not commercial operations as defined in parts 8800.3100 to 8800.4600.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 30 SR 215

Minn. R. 8800.3200 Licensing Commercial Operations

Subpart 1. Prior licensing required.

Every person who does in fact provide or who advertises, represents, or holds themselves out as giving or offering to provide service as defined in part 8800.3100, must be licensed by the commissioner. The commercial operations license must contain an endorsement for each type of commercial operation the licensee is authorized to perform. These persons must be licensed by the commissioner before they advertise, represent, or hold themselves out as giving or offering to provide this service.

Subp. 1a. Endorsements.

To receive an endorsement to a commercial operations license, the applicant must meet and comply with the requirements of this part and part 8800.3100, unless specifically exempted from these parts, and must also comply with the appropriate rule for the type of commercial operations applied for, which is found in parts 8800.3300 to 8800.3950.

Subp. 2. Application and fee.

Application for license shall be made on forms supplied by the commissioner. The fee shall be $30 annually and must accompany the application.

Subp. 3. Duration and renewal.

The license issued under this part shall be effective for one year from the date of issuance thereof and shall be renewed annually. Application for renewal shall be made 30 days before the expiration of the current license.

Subp. 4. Nontransferability.

The license shall not be transferable to other persons.

Subp. 5. Display.

The license issued under this part shall be posted in a prominent place in the office of the licensee.

Subp. 6. Notice of changes.

The licensee shall immediately notify the Department of Transportation in writing of any change in the status of such commercial operation relating to ownership, activities, aircraft, or key personnel.

Subp. 7. Place of business.

Each applicant for a commercial operations license must have a place of business. In addition, if the commercial activity includes the operation of aircraft for the purpose of carrying passengers, flight instruction, or aircraft rental or leasing, then the applicant's base of operations must be on an airport licensed for public use by the commissioner as provided by law, or an airport owned by the Metropolitan Airports Commission; or a private airport licensed by the commissioner if that private airport meets the requirements of part 8800.1600, 8800.1650, 8800.1700, or 8800.1800.

If the commercial activity is limited to aircraft servicing, maintaining, and repairing, then the base of operation may be on a public or private airport licensed by the commissioner as provided by law.

A personal-use airport may be used for commercial operations that are not included in this subpart.

Subp. 8. Airport authorization.

If the applicant does not own the airport, the person must submit evidence from the owner that:

A. the person meets the airport owner's minimum standards for such commercial operation; and

B. the person is authorized to operate from that airport.

Subp. 9. Aircraft.

Each aircraft used by a licensee for commercial operations must be currently registered with the Minnesota Department of Transportation, or be taxed as flight property by the Minnesota Department of Revenue, as required by laws of this state. The flight property tax payments must be current.

Subp. 10. Records.

Each licensed commercial operator shall maintain basic records, which must be kept up-to-date as follows:

A. Each flight made in equipment owned by a licensee must be recorded. The register shall show the pilot's name, identification of the aircraft, and the date, time, and duration of the flight.

B. An accurate list must be maintained of (1) airman personnel employed by the commercial operator, together with the airman certificate type and ratings, address, and date of last physical examination; and (2) aircraft used in the commercial operation.

Subp. 11. Compliance with the law.

A person engaged in commercial operations shall comply with all laws, rules, and regulations of the state of Minnesota and the federal government.

Subp. 12. Aircraft maintenance.

An applicant whose commercial activity includes the operation of an aircraft and who is also not licensed to perform aircraft servicing, maintaining, and repairing must have a contract or agreement with a commercial operator licensed to perform these services for all aircraft used in the commercial activity, or employ a mechanic certificated by the FAA for the type of servicing, maintaining, and repairing to be performed.

Subp. 13. Cooperation.

The applicant for a commercial operations license shall offer full cooperation with respect to any inspection which may be made of an operation upon proper demand at reasonable hours by the commissioner or any authorized representative of the commissioner prior to or subsequent to the issuance of a license.

Subp. 14. Endorsements.

To receive an endorsement to a commercial operations license, the applicant must meet and comply with the requirements of parts 8800.3100 and 8800.3200, unless specifically exempted therefrom, and must also comply with the appropriate regulation for the type or types of commercial operations applied for.

Subp. 15. Insurance.

Unless otherwise specified in parts 8800.3100 to 8800.4600, the applicant for a commercial operations license whose operation will involve the use of aircraft must hold insurance contracts valid and in force for the duration of the license. The insurance must provide coverage for each aircraft in the type and amount specified in the appropriate rule in parts 8800.3300 to 8800.3950 for the type of commercial operations applied for.

An insurance certificate must be submitted with the application for the commercial operations license and a current insurance certificate must be on file with the commissioner before a commercial operations license is renewed.

Any contract of insurance required under this subpart must carry an endorsement stating that the contract cannot be canceled by the insurer until five days' notice in writing of cancellation has been given the commissioner by the insurer. In any case, when an insurance contract is canceled, notice of cancellation must immediately thereafter be given to the commissioner by the insurer.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: L 1983 c 289 s 100,114 subd 1; L 1984 c 655 art 1 s 92; 17 SR 1279; 30 SR 215; 31 SR 350

Minn. R. 8800.3300 Flight School

Subpart 1. Endorsement required.

Any person engaged in giving or offering to give flight instruction leading to a pilot's certificate or rating for hire or compensation, or advertising, representing, or holding out as giving or offering to give such instruction, is considered to be operating a flight school, except under the following conditions for which an endorsement is not required:

A. company instruction: a company engaged in flight operation giving flight instruction to its own employees in furtherance of their duties in conjunction with that flight operation;

B. public schools: any public school or any institution of higher learning accredited by the North Central Association of Colleges and Secondary Schools and approved by it for carrying on collegiate work; or

C. aeronautics instructor: any individual engaged in giving flight or ground instruction, or both, for hire or compensation, without advertising the individual's occupation, without calling facilities an "air school" or anything equivalent to that term, without employing or using other instructors, and without operating an aircraft for compensation or hire for the purpose of flight instruction.

Subp. 2. Minimum requirements.

To be eligible for a flight school endorsement, an applicant shall show compliance with the following minimum requirements in subparts 3 to 8.

Subp. 3. Office.

The flight school operator shall show that the operator has an office of adequate size with the necessary facilities and equipment for the operation of the school.

Subp. 4. Records.

The flight school operator shall keep and maintain complete and adequate records of the flight instruction given to all enrolled students, showing the date, the amount of dual or solo instruction, the maneuvers given, the aircraft used, and the name of the instructor of each dual flight. These records shall be available for inspection at the flight school office and shall be retained for at least one year from the date of the last entry.

Subp. 5. Curriculum.

The applicant must show a course outline so organized for each course offered as to ensure that the student completing the course of ground and flight instruction will meet all the requirements of the FAA. All course outlines must include a review of Minnesota Statutes and rules relating to aeronautics that are pertinent to that course. In the case of an FAA-approved school, the FAA-approved course outline is acceptable if the review of Minnesota Statutes and rules is included.

The flight instruction given to each regularly enrolled student must be in accordance with the course outline. A copy of the course outline must be made available to each student.

Subp. 6. Rules.

The flight school operator shall establish and enforce the rules which shall govern the flight school operation, including rules relating to the traffic pattern, practice areas, taxi rules, flight rules, and other safety procedures. A diagram of the traffic pattern and the practice area shall be posted on a bulletin board at the flight school. Other rules and safety procedures of the school shall be readily available to all students. A copy of the rules shall be submitted with the application.

Subp. 7. Insurance.

The minimum insurance coverage for each aircraft must be of the following types and amounts: $100,000 per passenger and $500,000 per occurrence for bodily injury and property damage.

Each flight school operator shall advise the student as to whether or not the student is specifically covered under the flight school's insurance policy and the type and extent of coverage, if any. The flight school operator shall then obtain a signed statement of acknowledgment of this disclosure from the student. A current copy of the advisory form used for this disclosure must be submitted with the application for a commercial operations license or license renewal.

Subp. 8. Performance bond.

The applicant must file with the commissioner a continuous corporate surety bond to the state of Minnesota in the sum of $5,000 conditioned for the faithful performance of all contracts and agreements with students made by such person, firm, association or corporation, or their agent.

The aggregate liability for the surety for all breaches of conditions of the bond in no event shall exceed the principal sum of $5,000. The surety of any such bond may cancel such bond upon giving 60 days' notice in writing to the commissioner and thereafter the surety shall be relieved of liability for any breach of conditions occurring after the effective date of cancellation, provided, however, that whenever a bond under this part ceases to be in effect for any reason, the flight school license shall be revoked.

The bond form shall be provided by the commissioner. A copy of the executed bond certificate shall be attached to the application.

Subp. 9. Commercial operations license.

The applicant must meet the requirements of parts 8800.3100 and 8800.3200.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 17 SR 1279; 30 SR 215

Minn. R. 8800.3400 [Repealed, 30 SR 215]

[Repealed, 30 SR 215]

Minn. R. 8800.3500 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8800.3600 Aircraft Rental or Leasing

Subpart 1. Endorsement required.

Any person renting or leasing aircraft or offering to rent or lease aircraft for hire or compensation is deemed to be in the business of renting or leasing aircraft and must have an endorsement on his or her commercial operations license certifying his or her authority to engage in such activity.

Subp. 1a. Exceptions.

No commercial operations license is required of:

A. a person owning an aircraft and leasing or renting that aircraft to a party who holds a commercial operations license; or

B. either party to an exclusive lease in excess of 30 days.

Subp. 2. Records.

The holder of a commercial operations license with an aircraft rental or leasing endorsement shall keep and maintain a complete and adequate set of records to show the following: the name of the pilot renting or leasing an aircraft; the identification of the aircraft rented or leased; and the date, time, and duration of the flight for which the aircraft was rented or leased.

Subp. 3. Qualifications of lessee.

The commercial operator shall determine before initially renting or leasing any aircraft that the lessee is properly licensed and rated to fly the type of aircraft to be rented or leased. When in the interest of safety, the operator determines that a flight check is necessary or desirable, the flight must be given the lessee by a person holding an effective commercial pilot, flight instructor, or airline transport pilot certificate. The commercial operator shall ensure that a designated person capable of determining an aircraft is properly serviced is present when an aircraft is checked out.

Subp. 4. Insurance.

The minimum insurance coverage for each aircraft must be of the following types and amounts: $100,000 per passenger and $500,000 per occurrence for bodily injury and property damage.

Each commercial operator who rents or leases aircraft shall advise the renter pilot or lessee as to whether or not they are specifically covered under the commercial operator's insurance policy and the type and extent of coverage, if any. The commercial operator shall then obtain a signed statement of acknowledgment of this disclosure from the renter pilot or lessee. A current copy of the advisory form used for this disclosure must be submitted with the application for a commercial operations license or license renewal.

Subp. 5. Commercial operations license.

The applicant must meet the requirements of parts 8800.3100 and 8800.3200.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.09
History: 17 SR 1279; 30 SR 215

Minn. R. 8800.3700 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8800.3800 Aerial Spraying or Dusting

Subpart 1. Spraying or dusting.

Any person applying or offering to apply chemicals or other substances from an aircraft shall be deemed to be engaged in aerial spraying or dusting.

Subp. 2. Emergency provision.

If the governor of the state of Minnesota declares an emergency as a result of a natural disaster affecting agriculture, such as insect infestation, these licensing provisions shall be lifted during the period of the emergency declarations.

Subp. 3. Department of Agriculture certification.

No commercial operations license to engage in agricultural spraying or dusting will be issued until the applicant furnishes evidence that the requirements of the Minnesota Department of Agriculture are met.

Subp. 4. Aircraft and pilot safety equipment.

Every aircraft used for aerial spraying or dusting in this state shall be provided with a positive method of shutting off distribution of chemicals or other substances which shall prevent material from leaking or dropping except over the areas of intended application. Each pilot shall wear a seat belt, shoulder harness, and protective headgear during flight operations.

Subp. 5. Nonresident applicant.

Every nonresident commercial operation applicant shall provide on the application a permanent address for the business.

Subp. 6. Aircraft.

In the application, the aerial applicator must inform the commissioner of all aircraft (by factory make, model, year, "N" number, and the current Minnesota registration decal number) that the aerial applicator intends to use within the state.

Subp. 7. Certificate.

The applicant shall certify that the applicant is the holder of an FAA commercial agricultural aircraft operator certificate.

Subp. 8. Insurance.

The minimum insurance coverage for each aircraft shall be the following types and amounts: $100,000 per person and $300,000 per occurrence for bodily injury and $100,000 for property damage.

Subp. 9. Commercial operations license.

The applicant must meet the requirements of parts 8800.3100 and 8800.3200 unless specifically exempted therefrom.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 17 SR 1279; 30 SR 215; 31 SR 350

Minn. R. 8800.3900 Aircraft Servicing, Maintaining, and Repairing

Subpart 1. Endorsement required.

Any person who, for compensation or for hire, provides or offers to provide aircraft maintenance as defined in current federal aviation regulations found in Code of Federal Regulations, title 14, part 43, major or minor repair, or alteration to airframes or aircraft power plants or both, is deemed to be engaged in the business of aircraft servicing, maintaining, and repairing and must have a commercial operations license with an endorsement to certify the person's authority to engage in aircraft servicing, maintaining, and repairing.

Subp. 2. Minimum requirements.

To be eligible for an aircraft servicing, maintaining, and repairing endorsement, the applicant must meet the following minimum standards:

A. a building or available shop maintenance facility located on a licensed public or private airport, of adequate size and with sufficient space to work on the aircraft;

B. at least one mechanic certificated by the FAA for the type of servicing, maintaining, and repairing to be performed.

Subp. 3. Insurance.

The minimum insurance coverage must be of the following types and amounts: premise hazard insurance of $100,000 per person and $500,000 per occurrence for bodily injury and property damage. In addition, products hazard and completed operations insurance must be carried.

Each person who provides aircraft servicing, maintaining, and repairing shall advise each customer in writing if the service provider does not have hangar-keepers insurance in force.

Subp. 4. Commercial operations license.

The applicant must meet the requirements of parts 8800.3100 and 8800.3200.

History

Statutory Authority: MS s 14.388; 360.015; 360.018; 360.03; 360.90
History: 17 SR 1279; 30 SR 215; 31 SR 350

Minn. R. 8800.3950 Other Endorsements

Subpart 1. Endorsement required.

Any person engaged in providing air rides, aerial advertising, aerial photography, or other operations indicated in part 8800.3100 for which specific requirements are not indicated, and any person who for hire or compensation advertises, represents, or holds out as providing or offering such service, is required to have an endorsement on a commercial operations license. This endorsement is not required of operations of aircraft as common carriers certificated (certified) by the federal government.

Subp. 2. Minimum requirements.

To be eligible for one or more of these endorsements, the applicant must show compliance with the requirements of part 8800.3200.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 30 SR 215

Minn. R. 8800.4000 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8800.4100 Definitions

Subpart 1. Assets.

"Assets," when used in parts 8800.4300 to 8800.4600, means property that the flying club owns, in whole or in part, or over which it has control, including the club's interest in any owned, rented, or leased aircraft.

Subp. 2. Flying club.

"Flying club" means a person other than an individual that neither for profit nor compensation owns, leases, or uses one or more aircraft for the purpose of instruction, business, or pleasure.

Note: Commercial operations that call themselves flying clubs shall adhere to the rules for commercial operations contained in parts 8800.3100 to 8800.3950. They are not considered a flying club under this part.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 30 SR 215

Minn. R. 8800.4200 Intent

A flying club is intended as benefiting the members of the group for pilot proficiency or instruction, or personal business use, or pleasure flying.

History

Statutory Authority: MS s 360.015

Minn. R. 8800.4300 Registration

Each flying club that any time during a preceding calendar year has five or more members shall register annually with the commissioner. This registration must report conditions as of December 31 of each year, and must be filed with the commissioner by January 31 of each year. This registration report must include the following:

A. the name and address of the flying club, the airport or airports at which its aircraft are based, and the make, model year, "N" number, and current Minnesota registration decal number of the aircraft that the club either owned or used during the past calendar year;

B. the form of organization of the flying club (for example, a corporation or partnership);

C. the name and title, home address and telephone number, and business address and telephone number of the contact person for the club;

D. the name of the club's insurance company, the policy number and its expiration date, and the amounts and types of coverage;

E. the amount or share in club assets held by each member of the club; and

F. a statement describing what remuneration was paid to members of the club, monthly and annually, during the preceding calendar year, or preceding fiscal year, as the case may be; a description of the services rendered by remunerated members to the club; and a description of the goods sold by remunerated members of the club.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 30 SR 215

Minn. R. 8800.4400 Flying Club Records

Subpart 1. Appointment.

Every flying club must appoint a club safety and operations officer and set forth the officer's duties in their operating rules or bylaws.

Subp. 2. Records.

Every flying club shall keep records of the club's operation. These records must be up to date, be in an orderly form, and contain the following information:

A. names and addresses of all current members;

B. if the flying club is a corporation, then the articles of incorporation and all amendments to it, the current bylaws, the minutes of the corporation, and all shareholder agreements; or, if the flying club is a partnership, then the current articles of partnership and all current partnership agreements;

C. all club operating rules;

D. the share in club assets held by each member, stated by percentage or dollars;

E. the voting rights of each member, stated by percentage or number of votes;

F. the rights of each member to the assets of the club, stated by percentage or dollars, in case of dissolution of the club if a corporation, and in case of termination of the club, if a partnership;

G. a statement of financial condition of the flying club at the end of its preceding fiscal year, or at the end of its preceding calendar year, as the case may be, showing the assets and liabilities of the club; and

H. an operating statement of the club for the preceding fiscal year, or the preceding calendar year, as the case may be, showing the profits or losses, or a statement of receipts and disbursements, of the club, as the case may be, for that period of time.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 17 SR 1279; 30 SR 215

Minn. R. 8800.4500 Inspection of Records

The commissioner, or any employees of the department designated by the commissioner, shall have the right to inspect the books and records of any flying club, including the records referred to in part 8800.4400.

History

Statutory Authority: MS s 360.015
History: 17 SR 1279

Minn. R. 8800.4600 Commercial Operations

If a person engages in any of the following activities, the person is deemed to be conducting a commercial operation as defined in Minnesota Statutes, section 360.013, subdivision 11, not a flying club as defined in part 8800.4100, and therefore a commercial operations license issued under parts 8800.3100 to 8800.3950 is required:

A. if any of the club's assets are used by members of the club who: do not have a bona fide and significant percentage of the property interest in the assets of the club or hold in the club's assets a property interest that is subject to an unreasonable forfeiture; however, a club may set forth in its operating rules and bylaws any reasonable penalties and any reasonable forfeitures so long as the purpose and the actual effect is to enforce valid club rules;

B. if the property interest of any member of the club in the club's assets is not transferable; however, the transfer of this type of property interest may be subject to reasonable conditions as the club deems reasonably necessary to ensure discipline and payment of dues among its members;

C. if any member of the club receives a pecuniary gain or receives any special benefits that are in excess of the reasonable value of the services rendered to the club by that member, or are in excess of the reasonable value of the goods sold to the club by that member; however, this item does not prohibit a flying club from paying one or more of its members a reasonable amount for services such as bookkeeping, secretarial, managerial, aircraft maintenance, and administrative duties of the flying club;

D. if the club charters, leases, or rents its aircraft or any interest in its aircraft to any persons or organizations other than fully qualified members of the club; provided, however, that this item does not prohibit flying clubs from leasing club aircraft to properly licensed commercial operators;

E. if the club provides for, or allows, memberships with a duration of less than 90 days;

F. if the club advertises, represents, or holds itself out as giving or offering to give, or does in fact provide or arrange for, "air instruction" as an "air school" (see Minnesota Statutes, section 360.13, subdivisions 16 and 17); provided, however, that this item does not prohibit a club from providing or arranging for "air instruction," so long as it is not for compensation or hire directly or indirectly;

G. if an individual who is a member of a flying club (lessor) leases an aircraft to that flying club (lessee); or

H. if a lessor, as described in item G, gives air instruction, whether free or for compensation, to members of that flying club.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 30 SR 215

Minn. R. 8800.4800 Licensing Aircraft Dealers

Subpart 1. Applicability.

An aircraft dealer is not required to obtain an aircraft dealer license. An aircraft dealer license is required by any dealer who desires to withhold the dealer's aircraft from the Minnesota aircraft registration tax or to obtain a commercial use permit issued by the Minnesota Department of Revenue. Aircraft listed with the commissioner on an aircraft withholding form must not be used to conduct commercial operations, including but not limited to aircraft rental or flight training.

Subp. 2. Application and fee.

Applications for license must be made on forms supplied by the commissioner and accompanied by the appropriate fee. The dealer license must be renewed annually.

Subp. 3. Nontransferability.

The license is not transferable to other persons.

Subp. 4. Display.

The license issued under this part must be prominently posted at the place of business of the licensee.

Subp. 5. Aircraft operations.

For water operations the aircraft must be demonstrated from a body of water not restricted from seaplane use. For all other operations the aircraft must be demonstrated from an airport licensed for public or private use by the commissioner or owned by the Metropolitan Airports Commission.

Subp. 6. Airport authorization.

If the applicant does not own the airport on which the aircraft in the applicant's possession are based, the applicant must submit evidence from the airport owner that the applicant:

A. has met the airport owner's minimum requirements for an aircraft dealer; and

B. is authorized to base those aircraft on that airport.

History

Statutory Authority: MS s 360.015; 360.018; 360.03; 360.90
History: 30 SR 215

Chapter 8805 TRANSPORTATION PROJECT LOANS

Minn. R. 8805.0050 Purpose

The transportation revolving loan fund (TRLF) is a state fund that can be used by eligible borrowers to finance approved transportation projects. The purpose of the TRLF is to attract new funding into transportation, encourage innovative approaches to financing transportation projects, and help build needed transportation infrastructure. The TRLF can provide loans and other types of financial assistance to eligible borrowers to finance transportation projects. When the loans are repaid, the funds are returned to the TRLF and used to finance another set of projects, creating a continually expanding pool of money for transportation projects.

The TRLF is jointly administered by the Minnesota Department of Transportation and the Minnesota Public Facilities Authority. Minnesota Statutes, section 446A.085, authorizes the Minnesota Public Facilities Authority to manage and administer the fund and establishes the transportation committee of the Minnesota Public Facilities Authority to review and approve financial assistance to projects certified by the commissioner of transportation. Each project must be certified by the commissioner of transportation before its consideration by the transportation committee. Parts 8805.0050 to 8805.0700 establish procedures for and information that will be used to certify projects to the transportation committee of the Minnesota Public Facilities Authority. Parts 7380.0705 to 7380.0775 provide for the administration of the Minnesota Public Facilities Authority's responsibilities.

History

Statutory Authority: MS s 446A.085
History: 23 SR 1426

Minn. R. 8805.0100 Definitions

Subpart 1. Scope.

The terms used in parts 8805.0100 to 8805.0500 have the meanings given them in this part.

Subp. 2. Act.

"Act" means section 350 of the National Highway System Designation Act of 1995 (Public Law 104-59), as amended, and all rules and regulations adopted under the act.

Subp. 3. Applicant.

"Applicant" means an eligible borrower under Minnesota Statutes, section 446A.085, subdivision 1, paragraph (b), that applies for a loan from the fund.

Subp. 4. Application.

"Application" means the documents submitted to the commissioner by an applicant which contain information and data in support of the applicant's loan request to the authority. The application includes the completed application forms provided by the commissioner and the authority.

Subp. 5. Authority.

"Authority" means the Minnesota Public Facilities Authority created in Minnesota Statutes, chapter 446A.

Subp. 6. Benefit-cost analysis.

"Benefit-cost analysis" evaluates the benefits to society of a project in comparison to the project's costs. Benefits are the additions to society's resources that result from a program or project. Costs are the resources used to carry out the program or bring about the project. Whenever possible, benefits and costs are valued in monetary terms to permit comparison and aggregation.

Subp. 7. Certification.

"Certification" means the official approval by the commissioner of a transportation project to receive a loan from the fund. Certification does not mean that an applicant will receive a loan but that a project has been evaluated by the commissioner and considered to be an appropriate transportation project to receive funding. Once a project is certified, the authority shall conduct a financial evaluation of the application using the criteria in parts 7380.0705 to 7380.0775. An applicant may be approved to receive a loan only when this financial evaluation is completed and found to be satisfactory.

Subp. 8. Commissioner.

"Commissioner" means the commissioner of the department.

Subp. 9. Cost-effectiveness analysis.

"Cost-effectiveness analysis" evaluates the cost at which project objectives are achieved. Cost-effectiveness analysis is used when it is difficult or impractical to obtain a valuation of the benefits of a project. Cost-effectiveness analysis estimates the total cost of accomplishing a specified objective such as improving travel times.

Subp. 10. Department.

"Department" means the Minnesota Department of Transportation.

Subp. 11. District.

"District" means the department office located in one of eight geographical areas of the state of Minnesota. The district is responsible for the development, construction, preservation, maintenance, and safety of the portion of the state's transportation system located within its specific geographic boundaries. District includes the department's metropolitan division.

Subp. 12. Fund.

"Fund" means the transportation revolving loan fund created in Minnesota Statutes, section 446A.085.

Subp. 13. Loan.

"Loan" means financial assistance for all or part of the cost of the project as defined in Minnesota Statutes, section 446A.085, subdivision 1, paragraph (d).

Subp. 14. Metropolitan planning organization.

"Metropolitan planning organization" means an organization of local governments designated by the governor as the organization responsible for transportation policies and planning for the designated metropolitan area they serve. Metropolitan planning organizations exist in urbanized areas over 50,000 population. They are responsible for carrying out the metropolitan transportation planning process required by United States Code, title 23, section 134, and title 49, section 8.

Subp. 15. Regional development commission.

"Regional development commission" means an organization of local governments established pursuant to Minnesota Statutes, sections 462.383 to 462.398. The purpose of regional development commissions is to ensure coordination of state, federal, and local comprehensive planning and development programs for the solution of economic, social, physical, and governmental problems of the state and its citizens.

History

Statutory Authority: MS s 446A.085
History: 23 SR 1426

Minn. R. 8805.0200 Eligible Projects

To be eligible for a TRLF loan, a project must be eligible for funding under the act, United States Code, title 23 or 49, Minnesota Statutes, section 446.085, subdivision 2, and any other applicable federal and state law.

History

Statutory Authority: MS s 446A.085
History: 23 SR 1426

Minn. R. 8805.0300 Application Information

Subpart 1. Application needed.

An applicant must complete an application for a loan from the fund. Application forms can be obtained from Mn/DOT, Office of Investment Management, 395 John Ireland Boulevard, Saint Paul, Minnesota 55155.

Subp. 2. Application information.

In addition to the information listed in Minnesota Statutes, section 446A.085, subdivision 7, information requested from the applicant shall include:

A. the nature and purpose of the project, including the need for the project and the reasons why the project is in the public interest; and

B. other information the commissioner may require to evaluate the project for certification and related to the information listed in part 8805.0400.

Subp. 3. Application review.

The commissioner shall review all completed applications upon receipt. The commissioner shall evaluate proposed projects based on the information listed in part 8805.0400 and Minnesota Statutes, section 446A.085, subdivision 8. The commissioner shall make a decision concerning the certification of the proposed project according to the procedures set forth in part 8805.0500.

History

Statutory Authority: MS s 446A.085
History: 23 SR 1426

Minn. R. 8805.0400 Project Evaluation Criteria

In addition to the information listed in Minnesota Statutes, section 446A.085, subdivision 8, when evaluating a transportation project for certification to the authority, the commissioner shall consider the following criteria:

A. if the project has regional significance as determined by the district where the project is located after consultation with local transportation entities including, but not limited to, metropolitan planning organizations, regional development commissions, counties, and cities;

B. if the project is consistent with applicable state, regional, and/or local transportation plans approved by the department, districts, metropolitan planning organizations, regional development commissions, counties, cities, or other regional or local governmental entities;

C. if the project will use, create, or obtain funding from sources not traditionally used for transportation projects such as special assessments, tax increment financing, user/customer fees, or local government option sales taxes;

D. if the project will be ready to commence when funds are disbursed;

E. if a project is part of a larger project, whether the larger project will be fully funded and completed; and

F. if the project will provide greater user benefits in relation to the project's cost, as determined by a benefit-cost analysis, cost-effectiveness analysis, or other economic analysis.

History

Statutory Authority: MS s 446A.085
History: 23 SR 1426

Minn. R. 8805.0500 Project Certification

Subpart 1. Certification decision.

The commissioner shall make a decision of whether to certify a project after the commissioner reviews the application under part 8805.0300 and has evaluated the project using the criteria listed in part 8805.0400. A project shall be certified by the commissioner if it meets the eligibility criteria in part 8805.0200 and receives approval based on the application of the criteria in part 8805.0400.

Subp. 2. Notice of decision.

Applicants shall be notified in writing of the certification decision of the commissioner. Approval or disapproval of a project for certification shall include the rationale or reasons upon which the decision is based. A project that is certified by the commissioner shall be submitted to the authority along with the application. The authority shall conduct a financial evaluation of the application using the information and criteria in parts 7380.0705 to 7380.0775.

Subp. 3. Alteration of project.

If there is any change to the project after the project is certified by the commissioner and before the authority has executed a loan agreement with the applicant according to the rules of the authority, part 7380.0725, subpart 4, the applicant must notify the commissioner of the change and the commissioner must approve the alteration in writing before a loan agreement for the project is executed.

History

Statutory Authority: MS s 446A.085
History: 23 SR 1426

Chapter 8810 TRUNK HIGHWAY SYSTEM

Minn. R. 8810.0050 Order 30757; Interstate Highway Exclusions

Pursuant to the Laws of Minnesota 1959, chapter 439, and after due consideration for safety and convenience of public travel on the main roadways, entrance and exit ramps to same on the national system of interstate and defense highways in Minnesota, it is hereby ordered that the use of such main roadways and ramps by pedestrians, bicycles, or other nonmotorized traffic, or by any person operating any such vehicle, is hereby prohibited.

History

Statutory Authority: MS s 169.305

Minn. R. 8810.0200 Definitions

Subpart 1. Terms defined by statute.

For the purpose of this rule, the terms "adjacent area," "advertising area," "advertising device," "business area," "commercial or industrial activities," "directional signs," "erect," "interstate highways," "maintain," "official signs and notices," "primary highway," "public utility signs," "scenic area," "service clubs and religious notices," "unzoned commercial or industrial area" shall have the meanings given them in Minnesota Statutes, chapter 173.

Subp. 2. Back to back.

"Back to back" means that there shall not be more than an eight-foot distance between sign faces. Signs will face in opposite directions, and be owned by the same permittee.

Subp. 3. Controlled freeway.

"Controlled freeway" means an expressway with full control of access.

Subp. 4. Expressway.

"Expressway" means a divided arterial highway for through traffic with full or partial control of access and generally with grade separation at intersection.

Subp. 5. Frontage road.

"Frontage road" means a local street or road auxiliary located on the side of an arterial highway for service to abutting property and for control of access.

Subp. 6. On-premise sign.

"On-premise sign" means an advertising device located on the premises or contiguous property of an individual, business, or organization when the sale or lease of the premises or the identification, products, or services of the individual, business, or organization are the subject of the advertising device.

Subp. 7. Roadbed.

"Roadbed" means that portion of the roadway between the outside edges of finished shoulders.

Subp. 8. Side by side.

"Side by side" means there shall not be more than a two-foot distance between the closest edge of two signs facing the same highway(s) and direction of travel, and owned by the same permittee.

Subp. 9. V-type sign.

"V-type sign" means that there shall not be more than an eight-foot distance between the closest edge of each sign face, and owned by the same permittee. Signs will be facing in opposite direction.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.0300 Purpose and Scope

Subpart 1. Purpose.

The purpose of these rules is to carry out the mandate of the legislature and to effectuate that mandate as set forth in Minnesota Statutes 1969, chapter 173, as amended by Laws of Minnesota 1971, chapter 883, the Minnesota Outdoor Advertising Control Act, with reference to the placement and control of advertising devices and establishment of scenic areas on lands along and adjacent to the interstate and primary systems of highways in the state of Minnesota.

Subp. 2. Scope.

The scope of these rules is confined to and consistent with Minnesota Statutes, sections 173.01 to 173.27.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.0400 Exclusions and Exemptions

Subpart 1. Property signs.

Signs erected by the owner or occupant of the property on which they are located that are not erected for the purpose of advertising to or attracting the attention of operators and occupants of motor vehicles on the primary or interstate system of highways (such as no trespassing, no hunting or signs warning of impending danger on the land) are not deemed advertising devices and are excluded and exempt from regulation and control.

Subp. 2. Additional exemptions.

In all areas the following types of advertising devices are excluded and exempt from regulation and control: devices erected or maintained for the purpose of posting or displaying information required or authorized by law; devices of which the advertising copy is not primarily viewed from any traveled portion of the interstate or primary highway or fully controlled freeway; official signs and notices; and public utility signs.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.0500 Prohibited Signs and Maintenance

Subpart 1. Signs.

All signs erected or encroaching on any right-of-way or sign easement are illegal and must be removed.

Advertising devices with copy, message, or displays using words, color, statements, or illustrations which might imply official direction or control of traffic are prohibited.

Subp. 2. Maintenance.

Maintenance of advertising devices which can only be serviced from the right-of-way of the interstate system of highways or controlled freeways is prohibited, except such devices may be serviced from frontage or service roads where they occur.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.0600 Measuring Sign Area

In all areas, all signs shall be measured by the smallest square, rectangle, triangle, circle, or combination thereto, which will encompass the entire sign.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.0700 Back to Back, Side to Side, and V-Type Signs

In all areas signs erected back to back, side by side, or in a V-type construction by one owner shall be deemed to be one sign structure and will be required to have only one permit. The largest advertising area on either side of the sign structure shall be the square foot measurement applicable to the permit fee schedule. Each side of a sign structure so designed shall be directed toward a different direction of travel, making it impractical to simultaneously view both sides of the structure from any one traffic lane.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.0800 Scenic Areas

Subpart 1. Establishing.

The commissioner shall establish scenic areas along the primary or interstate system of highways pursuant to Minnesota Statutes, section 173.04 and chapter 14.

Subp. 2. Prohibited devices.

Advertising devices prohibited by Minnesota Statutes, sections 173.08, 173.13, and 173.15 are also prohibited in scenic areas.

Subp. 3.

[Repealed, L 2017 1Sp3 art 3 s 144]

History

Statutory Authority: MS s 173.01; 173.06; L 2017 1Sp3 art 3 s 144

Minn. R. 8810.0900 Signs in Business Areas

Subpart 1. Areas within corporate limits.

Subject to the provisions of Minnesota Statutes, section 173.16 (signs erected after June 7, 1971, in a business area within a corporate limit), the maximum area of a sign face shall not exceed 1,000 square feet including border and trim, but excluding base and apron supports and other structural members. Maximum size limitation shall apply to each side of a sign structure and signs may be placed back to back, side by side, or in a V-type construction, but not more than two displays to each side of a sign structure.

Subp. 2. Areas outside corporate limits.

Subject to the provisions of Minnesota Statutes, section 173.16 (signs erected after June 7, 1971, outside of a corporate limit in a zoned or unzoned business area), the maximum area of a sign face shall not exceed 750 square feet including border and trim, but excluding base and apron supports and other structural members. Maximum size limitation shall apply to each side of a sign structure and signs may be placed back to back, side by side, or in a V-type construction but not more than two displays to each side of a sign structure.

Subp. 3. Nonrecognition of area.

For the purposes of Minnesota Statutes, section 173.02, subdivision 17, a business area shall not be recognized when the land on which the activity is conducted is operating on a grandfather clause, special use, variance, or temporary permit.

Subp. 4. Termination of classification.

For the purposes of Minnesota Statutes, section 173.02, subdivision 17, if a business area is rezoned or ceases to meet the requirements of the law, these rules, or any other authority, such business area shall cease to exist and any then legal advertising device existing therein at such time shall become a legal nonconforming device.

Subp. 5. Unzoned areas.

The establishment of an unzoned business area does not abrogate any more restrictive criteria established by law, this rule, or any other authority.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.1000 Unzoned Commercial or Industrial Areas

Subpart 1. Measurements.

For the purposes of Minnesota Statutes, section 173.02, subdivision 24, unzoned commercial or industrial areas, all measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing, and landscaped areas of the commercial or industrial activity, not from the property lines of the activity, and shall be along or parallel to the edge of the pavement of the highway.

Subp. 2. Commercial or industrial activity.

For the purposes of Minnesota Statutes, section 173.02, subdivision 24, the unzoned commercial or industrial activity will be an activity which is in an area that would be generally recognized as commercial or industrial by zoning authorities within the state, and such activity without discrimination, except as to age, serves the general public, during normally accepted business hours and on a regularly scheduled basis of not less than 150 days of continuous operation, during a state annual permit period.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.1100 Spacing and Location for Business Areas

Subpart 1. Measuring.

For the purposes of Minnesota Statutes, section 173.16, subdivision 4, distance restrictions between advertising devices apply only to those devices physically located on the same side of the highway regardless of the direction of travel to which the display or message is directed. Measurements to determine the location of one advertising device in relation to another will be made along the edge of the roadbed between the closest extremities of said devices, with the termini projected along lines perpendicular to the edge of the roadbed.

Subp. 2. Intersections.

For the purposes of Minnesota Statutes, section 173.16, subdivision 4, clause (4), outside of incorporated cities, villages, or boroughs where an intersection includes ramps or legs, the intersection shall be construed as the entire area circumscribed by a line connecting all points where the outmost ramps or legs leave or enter the main traveled roadway and where they intersect with another highway or road. Advertising devices will not be permitted within 500 feet of the point where the outmost ramps or legs leave or enter the main traveled roadway or for 500 feet on the other highway or road from the point of its intersection with the ramps or legs, nor in the area between said points. This is defined as the area adjacent to the ramp and legs. Devices may however be affixed on or located to a building at such an intersection but in such a manner so as to cause no greater visual obstruction than the building itself.

Subp. 3. Prohibited area at intersection.

For the purpose of Minnesota Statutes, section 173.16, subdivision 4, clause (5), on primary highways or fully controlled access freeways outside of incorporated cities, villages, or boroughs where there are no ramps or legs, the prohibited area at an intersection shall be construed as the entire area of 300 feet outwardly as measured along the roadway from the center point of two intersecting roadbeds. Advertising will not be permitted within this 300-foot area.

Subp. 4. Another highway, defined.

For the purposes of Minnesota Statutes, section 173.16, subdivision 4, clauses (4) and (5), another highway shall mean any highway, street, road, or public way for vehicular travel, maintained by the state or any other public agency, which enters directly into the main traveled way of the highway which it is said to intersect.

Subp. 5. T intersections.

For the purposes of Minnesota Statutes, section 173.16, subdivisions 4 and 5, the restrictive distances at "T" intersections shall apply to lands on both sides of the highway as though the road physically ending at the highway continued and extended beyond at a 90-degree angle as measured from the center line of the roadway.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.1200 Additional Spacing Requirements

Subpart 1. Exempt and excluded devices.

Spacing restrictions as set forth in Minnesota Statutes, section 173.16 are not applicable between exempt and excluded devices described in part 8810.0400, subpart 2, and nonexempt devices.

Subp. 2. Prohibited advertising areas.

For the purposes of Minnesota Statutes, section 173.08, subdivision 2, the restrictive distances that determine areas in which advertising devices are prohibited will apply to lands along and adjacent to interstate, primary highways and expressways and fully controlled freeways both before and beyond property used for any school, church, national, state or local park, historic site, public picnic area, wayside, overnight, or public safety rest area. Such restrictive distances shall be measured along the edge of the roadbed beginning at a point which is an extension, perpendicular to the edge of the roadbed, of the intersection of the property line of the area and the normal highway right-of-way line. The restrictive distances shall apply to lands along and adjacent to the opposite side of the interstate, primary highway, expressway and controlled freeway, as measured by an imaginary line crossing the highway.

History

Statutory Authority: MS s 173.01; 173.06; L 2017 1Sp3 art 3 s 144

Minn. R. 8810.1300 Permits, Fees, and Renewals

Subpart 1. Permit applications.

Applications for permits may be obtained at any district office or central office of the Minnesota Department of Transportation. However, for the purpose of processing and approval, permit applications will be filed at or forwarded to the department's district office having jurisdiction over the area in which the advertising device is located.

The application for permit shall be filled out in its entirety and all applications will be processed in order of receipt. If an application has to be returned for any additional information required to properly evaluate the application, it will not retain its preference over any other application that may be pending for the same area.

All applications will be processed by the necessary department personnel and a permit will be issued or denied within 30 days after its arrival at the district office. With respect to applications received prior to the 15th day of the month, the permit fee will be charged as of the first day of that month. With respect to applications received on or after the 15th day of the month, the permit fee will be charged as of the first day of the following month.

Subp. 2. Payment.

All applications must be accompanied by a certified check, bank draft, or money order unless prior arrangements are made with the commissioner of transportation.

Subp. 3. Deadline.

The owner of any advertising device which was lawfully in existence on June 8, 1971, and which is not controlled by an annual permit must apply for a permit for such device by September 8, 1971.

Subp. 4.

[Repealed, L 2017 1Sp3 art 3 s 144]

Subp. 5. Void permits.

All permits issued for erection of a new advertising device are null and void if the erection of the device is not completed within 120 calendar days after the permit has been issued. If a permit is voided because of no erection there will be no refunds of moneys and a new application and process shall be initiated.

Subp. 6.

[Repealed, L 1994 c 635 art 2 s 9]

Subp. 7. Penalty.

Any advertising device for which no permit application or permit renewal has been submitted shall be removed pursuant to law.

Subp. 8. Revocation and new applications.

When a permit is revoked pursuant to Minnesota Statutes, section 173.13, subdivision 10, applications for a permit for that site will be accepted from new applicants only after the outdoor advertising device of the former permit holder has been completely removed. New applications will be processed in the order in which they are received.

Subp. 9. Disassembly.

For the purposes of Minnesota Statutes, sections 173.09, 173.13, subdivision 11, 173.17, 173.18, and 173.21, "remove," "removed," and "removal" shall mean the complete disassembly of the device including all component parts, except if removal would result in substantial structural damage to a building. All electrical services shall be disconnected, if any, and there shall be a complete removal of wires, conduit, and supporting structures, the filling of any ground excavations or holes and the removal from the property of all disassembled elements of the advertising device and its supporting structure.

Subp. 10. Nonrenewal.

For the purpose of Minnesota Statutes, section 173.13, an advertising device for which a permit can be issued shall when erected be a complete billboard, sign, notice, poster, or display intended to advertise a product or legend. An advertising device which is painted out, or painted over, or advertising space for lease and which has so existed for one permit period shall not be considered for a permit or renewal. Where there are posts only, partial structure, company name markers, or no structure at all, a renewal shall not be issued.

Subp. 11. Excluded notices.

Service club and religious notices shall not be governed by the provisions of Minnesota Statutes, section 173.16, subdivision 4, clause (2).

Subp. 12. Changes requiring new permit.

For the purposes of Minnesota Statutes, section 173.13, subdivision 4, any change in advertising area which exceeds the advertising area for which a permit had been issued shall require a new permit application.

History

Statutory Authority: MS s 173.01; 173.06
History: L 1994 c 635 art 2 s 9; L 2017 1Sp3 art 3 s 144

Minn. R. 8810.1400 Certification of Zoning

For the purposes of Minnesota Statutes, section 173.16, subdivision 5, bona fide zoning authorities may request the commissioner of transportation to accept the legitimate local zoning applicable to control of advertising devices within legally zoned commercial or industrial areas. All requests for certification shall include information regarding regulation of size, lighting, spacing, and annual permit requirements as well as all pertinent information required to properly evaluate the application.

All certification shall apply to the then existing boundaries of the zoning authority and any further addition or elimination of land will be treated on an individual basis under the provisions of Minnesota Statutes, section 173.16, subdivision 2. All requests for certification shall include a copy of the minutes or procedure authorizing the zoning authority to request such certification from the commissioner of transportation.

All certification shall be on an annual basis and shall be based upon local enforcement. Failure to enforce may result in revocation of certification.

History

Statutory Authority: MS s 173.01; 173.06

Minn. R. 8810.3100 Definitions

Subpart 1. Interstate highways.

Under this order "interstate highways" shall mean all trunk highways which are a part of the interstate system.

Subp. 2. Noninterstate highways.

Under this order "noninterstate highways" shall mean all trunk highways which are not a part of the interstate system.

Subp. 3. Trunk highways.

Under this order "trunk highways" shall mean all trunk highways including those which are a part of the interstate system.

Subp. 4. Utility.

Under this order "utility" shall mean and include all privately, publicly, or cooperatively owned communication lines and facilities, any systems, lines, and facilities for the distribution and transmission of electrical energy, oil, gas, water, sewer, steam, and other pipe lines, railways, ditches, flumes, or other structures which under the laws of this state or the ordinance of any village or city may be constructed, placed, or maintained across, along, or on trunk highway right-of-way. Dependent upon the meaning intended in the context, "utility" shall also mean the utility company, inclusive of any wholly owned subsidiary.

History

Statutory Authority: MS s 161.45

Minn. R. 8810.3200 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 8810.3100 to 8810.3600 is to carry out the mandate of the legislature and to effectuate that mandate as set forth in the Laws of Minnesota 1959, chapter 500, article II, section 45 (Minnesota Statutes, section 161.45) with reference to the placing, constructing, reconstructing, and maintaining of utilities across, along, upon, or under the right-of-way of trunk highways.

Subp. 2. Scope.

The scope of parts 8810.3100 to 8810.3600 is confined within the framework of and consistent with the Laws of Minnesota 1959, chapter 500, article II, section 45.

History

Statutory Authority: MS s 161.45

Minn. R. 8810.3300 Permits

Subpart 1. Construction.

Except as otherwise permitted, utility construction and relocation on trunk highway right-of-way shall not be commenced until an application for a permit for construction has been made and such permit granted. The permit for construction sketch shall show the location of the proposed utility with reference to pertinent features such as the right-of-way lines, curb lines, trunk highway center line, etc. A copy of the sketch shall be provided for each copy of such permit. Prints of trunk highway right-of-way maps are available upon request from the Road Plans Information Office, Department of Transportation Building, Saint Paul, Minnesota 55155.

Subp. 2. Maintenance.

The utility shall obtain a work permit from the office of the assistant district engineer, maintenance, prior to performing service and maintenance operations on the interstate highways and shall also obtain a work permit prior to performing service and maintenance operations on the noninterstate highways when such operations require opening and disturbing the surface of the right-of-way thereof. In all other instances the utility shall notify the office of the assistant district engineer, maintenance, prior to performing service and maintenance operations on the noninterstate highways which interfere with the normal flow of traffic thereon. However, the company may perform service and maintenance operations on the trunk highways including opening and disturbing the surface of the right-of-way without a work permit in those instances where an emergency exists that is dangerous to the life or safety of the public and which requires immediate repair. The utility upon knowledge of such an emergency shall immediately notify the State Patrol Division. The utility shall take all necessary and reasonable safety measures to protect the traveling public and shall cooperate fully with the State Patrol Division to that end. The utility in such an event will request a work permit from the office of the assistant district engineer, maintenance, not later than the second working day thereafter when a work permit would ordinarily have been required but for the emergency.

Subp. 3. Orders to make improvements.

If at any time the state of Minnesota, acting through its commissioner of transportation, shall deem it necessary to make any improvements or changes on all or any part of the right-of-way of the trunk highway which affect a utility located on trunk highway right-of-way, then and in such event, the owner of the utility shall within 15 days after written notice from the commissioner of transportation or an authorized agent, proceed to alter, change, vacate, or remove said utility from the trunk highway right-of-way so as to conform to said trunk highway changes and as directed by the commissioner of transportation. Such work shall be done without any cost whatsoever to the state of Minnesota except as otherwise provided by law or agreement and shall be completed within the date specified in said written notice, which date shall be reasonable under the circumstances. The utility shall assume all liability and save the state of Minnesota harmless from any and all claims of damage of any nature whatsoever occasioned by reason of not having removed said utility within the time specified in said notice. Notwithstanding the provisions of parts 8810.3100 to 8810.3600, the state may reimburse a municipality for the cost of the first relocation of a municipally owned utility located within the limits of a municipal street at the time that the street was taken over by the state as a trunk highway, when such relocation is required by construction or reconstruction of the trunk highway.

Subp. 4. Along interstate highways.

Utilities along the interstate highways shall be located outside the control-of-access lines except as outlined below. Where the control-of-access lines coincide with the right-of-way lines, the utilities shall generally be located on private property. Where the control-of-access lines and right-of-way lines do not coincide, utilities may in general be located in the area between them. All utilities shall be serviced and maintained without access from the ramps, loops, and through traffic roadbeds. Utilities may be serviced from frontage roads and roads other than another interstate highway which cross either over or under the interstate highway. At aerial crossings of an interstate highway, supporting poles may be located on interstate highway right-of-way if they are a minimum of 30 feet beyond the shoulders of all through traffic roadbeds; however, in no event shall they be located in a median unless its width is 80 feet or more. Manholes and other points of access to underground crossings may be permitted on the interstate highway right-of-way only when located outside the shoulders of the through traffic roadbeds, loops, or ramps. The restrictions of this subpart shall not apply to utility lines which service facilities required for operating the interstate highway.

There may be extreme cases where, under strictly controlled conditions, a utility may be permitted inside the control-of-access lines along an interstate highway. In each case there must be a showing that any other utility location is extremely difficult and unreasonably costly to the utility consumer, that the installation on the right-of-way of the interstate highway will not adversely affect the design, construction, stability, traffic safety, or operation of the interstate highway and that the utility can be serviced without access from through traffic roadbeds, loops, or ramps.

Subp. 5. Deposit, bond, or undertaking.

The commissioner of transportation may require the utility, or its contractor, to furnish a deposit in the form of a certified check, a surety bond or corporate undertaking in favor of the state of Minnesota, commissioner of transportation, for any expense incurred by the state in the repairing of damage to any portion of the trunk highway right-of-way caused by work performed under a work permit or a permit for construction, including any out of the ordinary engineering supervision and inspection expense provided by the state. In those instances wherein a deposit is required, the amount of the deposit shall be specified in the special provisions of the permit. If a check is furnished, any moneys remaining over and above such expense shall be returned to the applicant.

Subp. 6. Liability.

Except for the negligent acts of the state, its agents, and employees, the utility shall assume all liability for, and save the state, its agents and employees, harmless from, any and all claims for damages, actions, or causes of action arising out of the work to be done herein and the continuing uses by the utility, including but not limited to the placing, constructing, reconstructing, maintaining, and using of said utility under this application and permit for construction.

Subp. 7. No easement.

The work permit or permit for construction as issued does not in any way imply an easement on private property.

History

Statutory Authority: MS s 161.45
History: 17 SR 1279

Minn. R. 8810.3400 Standards for Work Conducted Under Permit

Subpart 1. Trees, brush, and vegetation.

At the time of construction of the utility and at the times of subsequent maintenance, prior approval shall be obtained from the district engineer or an authorized representative for the cutting and trimming of trees within the trunk highway right-of-way. Wherever trees are cut the resulting stumps shall be removed unless otherwise provided in the special provisions of the permit for construction. Any holes caused by stump removal shall be backfilled, the area leveled, and all materials associated therewith disposed of outside the trunk highway right-of-way. The utility shall advise the district engineer or an authorized representative at least 48 hours in advance of its intent to start clearing and grubbing operations so that proper supervision can be provided.

Burning or disking operations and/or the use of chemicals to control or kill trees, brush, and other vegetation is prohibited without prior approval from the assistant district engineer, maintenance.

Subp. 2. Waterways.

All waterways and lines of drainage shall remain operative.

Subp. 3. Topsoil and sod.

Wherever topsoil and sod are disturbed they shall be replaced and maintained satisfactorily until the turf is established.

Subp. 4. Existing utility facilities.

The utility facility and installation shall not interfere with any existing utility facilities on the trunk highway right-of-way.

Subp. 5. Warning devices.

When necessary, barricades, warning devices, and flaggers shall be provided by the utility during all phases of their construction and maintenance operations on the trunk highway right-of-way.

Subp. 6. Restoration to original condition.

Upon completion of an installation, the utility shall restore the trunk highway right-of-way to its original condition. The utility shall then notify the office of the assistant district engineer, maintenance, or project engineer of the completion of the work so that inspection can be made to determine its acceptability.

Subp. 7. Conformity.

The installations shall be made in conformity with all applicable laws, rules, and codes covering said installations. All installations shall be made in conformity with rules of governmental agencies for the protection of the public.

History

Statutory Authority: MS s 161.45
History: 17 SR 1279

Minn. R. 8810.3500 Aerial Lines

There shall be only a single pole line on the trunk highway right-of-way on either side of the center line thereof, unless otherwise authorized in the special provisions of the permit for construction.

Longitudinal installations on noninterstate trunk highways shall normally be located in the outer five feet of the right-of-way. At crossings of the noninterstate trunk highway, poles shall be placed at a minimum of 30 feet from the shoulder lines of the through roadbeds unless right-of-way widths are prohibitive to such location.

Unless clearly indicated on the permit for construction sketch, the location of all brace poles, anchors, and anchor poles within the limits of the trunk highway right-of-way shall be approved by the district engineer or an authorized representative prior to actual installation.

In those instances in which a utility is issued a permit or permits for construction on both sides of the trunk highway right-of-way in a given area, such permit is conditioned upon the utility subsequently providing joint use to other utilities upon reasonable terms mutually agreeable to the utilities.

History

Statutory Authority: MS s 161.45
History: 17 SR 1279

Minn. R. 8810.3600 Underground Lines

All crossings of the roadbeds of the trunk highways shall be made by boring inside a casing or carrier pipe, or by jacking, unless this procedure is modified in the special provisions of the permit for construction. The auger shall not lead the casing or carrier pipe by more than one inch. Open trenching shall be restricted to the area from five feet beyond the shoulder to the right-of-way line except as modified in the special provisions of the permit for construction.

When pipes with bells or flanges are installed, the crossings of the roadbeds of trunk highway shall be made by boring inside a conduit, as provided in the preceding paragraph, of jacking a conduit of sufficient diameter to permit threading the carrier pipe through it.

All voids caused by jacking or boring shall be filled by pressure grouting. The grout material shall consist of a sand-cement slurry of at least two sacks of cement per cubic yard and a minimum of water to assure satisfactory placement.

The underground utilities shall be so installed as virtually to preclude any necessity for disturbing the roadbeds to perform maintenance operations.

Underground installations shall be accomplished without damaging or destroying the principal root structure of specimen trees.

History

Statutory Authority: MS s 161.45

Minn. R. 8810.4100 [Repealed, L 2023 c 25 s 190]

[Repealed, L 2023 c 25 s 190]

Minn. R. 8810.4200 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8810.4300 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 8810.4300 to 8810.5600 is to establish certain optimum design specifications for driveways providing a means of ingress to and egress from private property located along and adjacent to the right-of-way of the trunk highway system of the state of Minnesota.

Subp. 2. Scope.

The scope of parts 8810.4300 to 8810.5600 is confined within the framework of and intended to be consistent with Minnesota Statutes 1965, section 160.18, subdivision 3.

History

Statutory Authority: MS s 160.18

Minn. R. 8810.4400 Driveway Permits

Authorization to construct or alter a driveway shall consist of a permit duly signed by the district engineer of the Minnesota Department of Transportation having responsibility for the maintenance and construction of the trunk highway in question. No driveway shall be constructed from or to a trunk highway until such permit has been obtained and supplemented by those permits that may be required by local governing authorities.

The commissioner of transportation may require the applicant, or their contractor, to furnish a deposit in the form of a cashier's check, certified check, a surety bond on corporate undertaking, in favor of the state of Minnesota, commissioner of transportation for any expense incurred by the state in the repairing of damage to any portion of the trunk highway right-of-way caused by work performed under a work permit or a permit for construction, including any out of the ordinary engineering supervision and inspection expense provided by the state. In those instances wherein a deposit is required, the amount of the deposit shall be specified in the special provisions of the permit. If a check is furnished, any moneys remaining over and above such expense shall be returned to the applicant.

History

Statutory Authority: MS s 160.18

Minn. R. 8810.4500 [Repealed, L 2003 1SP19 art 2 s 79]

[Repealed, L 2003 1SP19 art 2 s 79]

Minn. R. 8810.4600 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8810.4700 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8810.4800 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8810.4900 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8810.5000 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8810.5100 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8810.5200 Changes in Use

In the event of a change in land use or major change in the traffic pattern of the existing facility, existing driveways are not automatically perpetuated and new driveway access applications shall be submitted.

History

Statutory Authority: MS s 160.18

Minn. R. 8810.5300 Revoking Access

If the terms of the permit are violated, or if the commissioner of transportation determines that continuance of a driveway access is particularly hazardous, the commissioner may under the authority vested by law revoke the access.

History

Statutory Authority: MS s 160.18
History: 17 SR 1279

Minn. R. 8810.5400 Prohibited Uses

No part of the right-of-way of a trunk highway or of a street over which a trunk highway is routed may be used for servicing of vehicles or the conduct of private business.

History

Statutory Authority: MS s 160.18

Minn. R. 8810.5500 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8810.5600 Variances

A variance from the standards set forth in parts 8810.4300 to 8810.5500 may be allowed by the commissioner when the variance will facilitate the safe, efficient use of the property for a lawful purpose and will not interfere with the construction, maintenance, or safe and efficient use of the highway and its appurtenances by the public.

History

Statutory Authority: MS s 160.18

Minn. R. 8810.6000 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.6100 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.6300 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.6400 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.6500 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.6600 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.6700 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.6800 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.6900 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.7000 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.8000 Definitions

Subpart 1. Abandonment.

"Abandonment" means the abandoning of an existing bridge.

Subp. 1a. Agency.

"Agency" means a county, municipality, or township.

Subp. 2. Bridge.

"Bridge" means a structure including supports erected over a depression or an obstruction such as water, highway, or railway, having a track or passageway for carrying traffic or other moving loads, and having an opening measured horizontally along the center of the roadway of ten feet or more between undercopings of abutments, between spring line of arches, or between extreme ends of openings for multiple boxes. Bridge also includes multiple pipes where the clear distance between openings is less than half of the smaller contiguous opening. Illustrations of measurements are shown as Figures 1 to 4. This definition of a bridge includes, for application of parts 8810.8000 to 8810.8500, only those railroad bridges over or under a public highway or street.

Subp. 2a. Bridge rehabilitation.

"Bridge rehabilitation" has the meaning given in part 8820.0200, subpart 8.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of transportation.

Subp. 4. Construction.

"Construction" means the construction of a road, street, or bridge to replace an existing deficient bridge or a bridge that has been destroyed.

Subp. 5. Metropolitan council.

"Metropolitan council" means a commission established in accordance with Minnesota Statutes, chapter 473.

Subp. 6. Reconstruction.

"Reconstruction" means the reconstruction of an existing deficient bridge.

Subp. 7. Regional development commission.

"Regional development commission" means a commission established by the state planning officer in accordance with Minnesota Statutes, chapter 462.

Subp. 8. Road systems defined.

"Other roads or streets" means those local roads and streets, not on the state-aid system, under the jurisdiction of the counties, municipalities, and townships.

"State-aid" means the system of roads and streets established and designated by the commissioner under the jurisdiction of a county or urban municipality.

"Trunk highway" means the system of routes established by law, the location of which has been established by the commissioner under the jurisdiction of the state of Minnesota.

Subp. 9. Urban municipality.

"Urban municipality" means any city having 5,000 or more population determined in accordance with the provisions of law.

History

Statutory Authority: MS s 174.50
History: 15 SR 963; 49 SR 279

Minn. R. 8810.8100 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 8810.8000 to 8810.8500 is to carry out the mandate of the legislature and to implement that mandate as set forth in Minnesota Statutes, section 174.50.

Subp. 2. Scope.

The scope of parts 8810.8000 to 8810.8500 is intended to be confined within the framework of and consistent with Minnesota Statutes, section 174.50.

History

Statutory Authority: MS s 174.50
History: 15 SR 963

Minn. R. 8810.8110 Eligibility; Restriction

For purposes of eligibility for funding under parts 8810.8000 to 8810.8500, some restrictions apply as follows:

A. Railroad bridges are eligible only if they are under the jurisdiction of a local unit of government. The replacement of a private bridge owned by a railroad company is not eligible.

B. A bridge to be constructed where no previous bridge exists is not eligible.

History

Statutory Authority: MS s 174.50
History: 15 SR 963

Minn. R. 8810.8200 Construction, Reconstruction, or Rehabilitation Grant Application

Subpart 1. Counties.

The county board, in cooperation with other local units of government within the county, other than urban municipalities, must determine a proposed program for the construction, reconstruction, or rehabilitation of key bridges within the county other than urban municipal or trunk highway bridges.

The county board by resolution must request of the commissioner authorization to construct, reconstruct, or rehabilitate specific bridges or remove an abandoned bridge within the county and request funding.

When local units of government cannot reach agreement with the county board, the local units of government may apply independently. Then the local unit of government by resolution must request of the commissioner authorization to construct, reconstruct, or rehabilitate specific bridges or remove an abandoned bridge and request funding.

Subp. 2. Urban municipalities.

The city council of an urban municipality by resolution must request of the commissioner authorization to construct, reconstruct, or rehabilitate specific bridges or remove an abandoned bridge within the municipality and request funding.

Subp. 3. State highway system.

The commissioner must establish the bridge construction, reconstruction, and rehabilitation program for the trunk highway system.

History

Statutory Authority: MS s 174.50
History: 15 SR 963; 49 SR 279

Minn. R. 8810.8300 Regional Commission, Metropolitan Council Review

The commissioner must submit the application of the agencies to the proper regional development commission or the Metropolitan Council, as the case may be, for review of consistency with long-term comprehensive development plans and guides for which the agencies are responsible.

History

Statutory Authority: MS s 174.50
History: 15 SR 963; 49 SR 279

Minn. R. 8810.8400 Establishment of Priorities

The commissioner, using information furnished by the local units of governments from the statewide bridge inventory, must establish a statewide priority of bridge construction, reconstruction, or rehabilitation.

This priority must be based on the relative seriousness of each bridge's deficiencies as determined from the inventory and appraisal after considering the following criteria established in Minnesota Statutes, section 174.50, subdivision 6:

A. effectiveness of the project in eliminating a deficiency in the transportation system;

B. number of persons affected by the deficiency;

C. economic feasibility;

D. effect on optimum land use and other concerns of state and regional planning;

E. availability of other financing capability; and

F. adequacy of provision for proper operation and maintenance after construction. When the required documentation has been completed, construction plans are complete, and priorities have been established, the commissioner must notify the local units of government, as to funding availability from the Minnesota state transportation fund or federal funds. The local unit of government must by resolution agree to the terms and conditions specified in the notification by the commissioner consistent with Minnesota Statutes, section 174.50, subdivision 5, clause (2).

History

Statutory Authority: MS s 174.50
History: 15 SR 963; 49 SR 279

Minn. R. 8810.8500 Bridge and Roadway Specifications

The minimum geometric standards for bridge construction and roadway construction are as described in chapter 8820.

History

Statutory Authority: MS s 174.50
History: 15 SR 963

Minn. R. 8810.9000 [Repealed, L 2012 c 287 art 3 s 65]

[Repealed, L 2012 c 287 art 3 s 65]

Minn. R. 8810.9100 [Repealed, L 2012 c 287 art 3 s 65]

[Repealed, L 2012 c 287 art 3 s 65]

Minn. R. 8810.9200 [Repealed, L 2012 c 287 art 3 s 65]

[Repealed, L 2012 c 287 art 3 s 65]

Minn. R. 8810.9300 [Repealed, L 2012 c 287 art 3 s 65]

[Repealed, L 2012 c 287 art 3 s 65]

Minn. R. 8810.9400 [Repealed, L 2012 c 287 art 3 s 65]

[Repealed, L 2012 c 287 art 3 s 65]

Minn. R. 8810.9500 [Repealed, L 2012 c 287 art 3 s 65]

[Repealed, L 2012 c 287 art 3 s 65]

Minn. R. 8810.9600 [Repealed, L 2012 c 287 art 3 s 65]

[Repealed, L 2012 c 287 art 3 s 65]

Minn. R. 8810.9700 [Repealed, L 2012 c 287 art 3 s 65]

[Repealed, L 2012 c 287 art 3 s 65]

Minn. R. 8810.9800 [Repealed, 15 SR 1516]

[Repealed, 15 SR 1516]

Minn. R. 8810.9910 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.9911 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.9912 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.9913 [Repealed, L 2017 1Sp3 art 3 s 144]

[Repealed, L 2017 1Sp3 art 3 s 144]

Minn. R. 8810.9920 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8810.9921 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Chapter 8815 STATE HIGHWAY MARKET ARTERY SYSTEM

Minn. R. 8815.0100 MR 1997 [Obsolete, MS s 14.47, subd. 6, para (b)]

MR 1997 [Obsolete, MS s 14.47, subd. 6, para (b)]

Minn. R. 8815.0200 MR 1997 [Obsolete, MS s 14.47, subd. 6, para (b)]

MR 1997 [Obsolete, MS s 14.47, subd. 6, para (b)]

Minn. R. 8815.0300 MR 1997 [Obsolete, MS s 14.47, subd. 6, para (b)]

MR 1997 [Obsolete, MS s 14.47, subd. 6, para (b)]

Chapter 8818 MAILBOX INSTALLATION AND SUPPORT STANDARDS

Minn. R. 8818.0100 Definitions

Subpart 1. Airspace.

"Airspace" means the space extending vertically upward from a particular surface on the earth.

Subp. 2. Cross-sectional area.

"Cross-sectional area" means the area of the resultant shape defined by cutting through something at a right angle to its axis.

Subp. 3. Encroach.

"Encroach" means to advance beyond the specified area or space.

Subp. 4. Mailbox installation or installation.

"Mailbox installation" or "installation" means the entire mailbox structure including the support, mailbox, hardware, and attachments.

Subp. 5. Mailbox support or support.

"Mailbox support" or "support" means the part of the mailbox installation that holds up the mailbox, excluding hardware and auxiliary attachments.

Subp. 6. Neighborhood delivery and collection box units.

"Neighborhood delivery and collection box units" means a cluster of several individual locked mailboxes packaged as a single unit.

Subp. 7. Pounds per foot.

"Pounds per foot" means the weight of a one-foot portion, measured vertically, of the mailbox support.

Subp. 8. Usable roadway.

"Usable roadway" means the normally traveled vehicular lanes as well as the adjacent road surfaces that are used by motor vehicles, such as shoulders, turn lanes, and parking lanes.

History

Statutory Authority: MS s 169.072
History: 19 SR 344

Minn. R. 8818.0200 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 8818.0100 to 8818.0300 is to provide for standards and permissible locations of mailbox installations and supports on streets or highways in Minnesota so that potentially hazardous fixed roadside appurtenances are eliminated.

Subp. 2. Scope.

Parts 8818.0100 to 8818.0300 apply only to installations on streets or highways that have a speed limit of 40 miles per hour or greater.

History

Statutory Authority: MS s 169.072
History: 19 SR 344

Minn. R. 8818.0300 Prohibited Mailbox Structures; Exceptions

Subpart 1. Unlawful installations and supports.

The following mailbox installations and supports are declared to be a public nuisance, a road hazard, and a danger to the health and safety of the traveling public if located along a street or highway having a speed limit of 40 miles per hour or greater:

A. an installation that contains more than one vertical support;

B. a single support containing more than two mailboxes;

C. a wooden support with a cross-sectional area greater than 16 square inches at any above-ground point along the support (for example, the maximum allowable square and round support dimensions are four inches by four inches and 4.5 inches in diameter, respectively), except that larger wooden supports are acceptable if, at a height four inches above the ground, the support cross-sectional area is altered in some fashion so as to reduce the cross-sectional area at that point to 16 square inches or less;

D. a metal support of a weight of four pounds per foot or more for any one foot of vertical measurement above ground (for example, a standard steel pipe of up to two inches inner diameter would be acceptable), except that larger metal supports are acceptable if, within the first three inches above ground the metal support is less than four pounds per foot (less than one pound for the three-inch length);

E. a mailbox that is not acceptable for delivery of mail by the United States Postal Service;

F. adjacent mailbox installations whose respective supports are spaced closer than 30 inches, as measured from center of support to center of support;

G. neighborhood delivery and collection box units, whether or not United States Postal Service approved;

H. a support comprised of material other than solely wood or metal that either exceeds 16 square inches in total cross-sectional area at a height four inches above ground or is of a weight of four pounds per foot or more for any one foot of vertical measurement above ground, unless within the first three inches above ground the support is less than four pounds per foot (less than one pound over the three-inch distance). Examples of such nonconforming supports could include supports such as filled milk cans, brick structures, plows, and concrete-filled pipe; and

I. an installation, whether a support or closed mailbox, that encroaches the usable roadway or its airspace.

Subp. 2. Exceptions.

Notwithstanding subpart 1, mailbox installations that are documented to have passed an accredited crash test are acceptable. An accredited crash test is considered to be a test conducted in accordance with procedures described in the most recent National Cooperative Highway Research Program report, "Recommended Procedures for the Safety Performance Evaluation of Highway Appurtenances," published by the Transportation Research Board, National Academy of Sciences, 2101 Constitution Avenue N.W., Washington, D.C. 20418. This report and future revisions of this report are incorporated by reference. The report is not subject to frequent change and is available to the public at the State Law Library, Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155, and through the Minitex interlibrary loan system.

History

Statutory Authority: MS s 169.072
History: 19 SR 344

Chapter 8820 LOCAL STATE-AID ROUTE STANDARDS, FINANCING

Minn. R. 8820.0100 Repealed by subpart

Subpart 1.

[Renumbered 8820.0200 subpart 1]

Subp. 1a.

[Renumbered 8820.0200 subp 3]

Subp. 2.

[Renumbered 8820.0200 subp 4]

Subp. 2a.

[Renumbered 8820.0200 subp 5]

Subp. 2b.

[Renumbered subp 2d]

Subp. 2c.

[Renumbered 8820.0200 subp 7]

Subp. 2d.

[Renumbered subp 2f]

Subp. 2e.

[Renumbered 8820.0200 subp 8]

Subp. 2f.

[Renumbered 8820.0200 subp 9]

Subp. 3.

[Renumbered 8820.0200 subp 10]

Subp. 3a.

[Renumbered 8820.0200 subp 11]

Subp. 3b.

[Renumbered 8820.0200 subp 12]

Subp. 3c.

[Renumbered 8820.0200 subp 13]

Subp. 4.

[Renumbered 8820.0200 subp 14]

Subp. 4a.

[Repealed, 20 SR 1041]

Subp. 5.

[Renumbered 8820.0200 subp 15]

Subp. 6.

[Renumbered subp 16]

Subp. 7.

[Renumbered 8820.0200 subp 17]

Subp. 8.

[Renumbered subp 18]

Subp. 9.

[Repealed, 20 SR 1041]

Subp. 9a.

[Renumbered 8820.0200 subp 19]

Subp. 9b.

[Renumbered 8820.0200 subp 20]

Subp. 10.

[Renumbered subp 21]

Subp. 10a.

[Renumbered 8820.0200 subp 23]

Subp. 11.

[Renumbered 8820.0200 subp 24]

Subp. 12.

[Renumbered 8820.0200 subp 25]

Subp. 12a.

[Renumbered 8820.0200 subp 26]

Subp. 13.

[Renumbered 8820.0200 subp 27]

Subp. 13a.

[Renumbered 8820.0200 subp 29]

Subp. 13b.

[Renumbered 8820.0200 subp 30]

Subp. 13c.

[Renumbered 8820.0200 subp 31]

Subp. 14.

[Renumbered 8820.0200 subp 32]

Subp. 14a.

[Renumbered 8820.0200 subp 35]

Subp. 15.

[Renumbered 8820.0200 subp 36]

Subp. 15a.

[Repealed, 20 SR 1041]

Subp. 15b.

[Renumbered subp 15d]

Subp. 15c.

[Renumbered 8820.0200 subp 37]

Subp. 15d.

[Renumbered 8820.0200 subp 38]

Subp. 16.

[Renumbered 8820.0200 subp 39]

Subp. 17.

[Renumbered 8820.0200 subp 40]

Subp. 17a.

[Renumbered subp 17c]

Subp. 17b.

[Renumbered 8820.0200 subp 41]

Subp. 17c.

[Renumbered 8820.0200 subp 42]

Subp. 18.

[Renumbered subp 15b]

Subp. 19.

[Repealed, 20 SR 1041]

Subp. 20.

[Renumbered 8820.0200 subp 43]

Subp. 21.

[Renumbered 8820.0200 subp 44]

Subp. 22.

[Renumbered 8820.0200 subp 45]

Subp. 23.

[Renumbered 8820.0200 subp 2]

Subp. 24.

[Renumbered 8820.0200 subp 6]

Subp. 25.

[Renumbered 8820.0200 subp 22]

Subp. 26.

[Renumbered 8820.0200 subp 28]

Subp. 27.

[Renumbered 8820.0200 subp 33]

Subp. 28.

[Renumbered 8820.0200 subp 34]

Subp. 29.

[Renumbered 8820.0200 subp 46]

Minn. R. 8820.0200 Definitions

Subpart 1. Scope.

For purposes of this chapter the following terms have the meanings given them in this part.

Subp. 2. AASHTO.

"AASHTO" means the American Association of State Highway and Transportation Officials, 444 North Capitol Street Northwest, Suite 249, Washington, D.C. 20001.

Subp. 3. ADT.

"ADT" means average daily traffic, which is computed by dividing the total number of vehicles traveling over a segment of roadway in one year by 365.

Subp. 4. Advance.

"Advance" means the authorized expenditure of future funds from any funds available for use on an approved state-aid project. Advanced funds will be repaid to the appropriate account from subsequent apportionments.

Subp. 5. Agency agreement.

"Agency agreement" means an agreement between a city, county, or other governmental unit and the commissioner by which the city, county, or other governmental unit may appoint the commissioner as the agent, with respect to federally funded projects, to accept and receive federal funds made available for projects and to let contracts or provide oversight to city, county, or other governmental unit contracts, in accordance with law for the construction or improvement of local streets or roads or other construction projects.

Subp. 6. Bicycle lane.

"Bicycle lane" has the meaning given it in Minnesota Statutes, section 169.011, subdivision 5.

Subp. 7. Bridge.

"Bridge" has the meaning given it in part 8810.8000, subpart 2.

Subp. 8. Bridge rehabilitation.

"Bridge rehabilitation" means (1) the partial reconstruction of an existing bridge to meet current design criteria and construction standards or (2) a project that fixes the deterioration in the structure or improves the geometrics or load-carrying capacity, but may not necessarily provide improvement to meet new design standards.

Subp. 9. City.

"City" means a statutory or home rule charter city.

Subp. 10. City engineer.

"City engineer" means a licensed professional engineer employed as the city engineer or the director of public works, city engineer of each urban municipality.

Subp. 11. City of the first class.

"City of the first class" has the meaning given it in Minnesota Statutes, section 410.01.

Subp. 12. City streets.

"City streets" are those streets under the jurisdiction of an urban municipality, and do not include county highways or trunk highways within the urban municipality.

Subp. 13. Clear zone.

"Clear zone" is the distance measured from the edge of the outside through-traffic lane, which must be free of fixed objects and meet or exceed the minimum in-slope dimensions indicated in the design charts of this chapter.

Subp. 14. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Transportation, or a designated representative.

Subp. 15. County highway engineer.

"County highway engineer" means a licensed professional engineer employed as the county highway engineer, county engineer, or the director of public works, county engineer of each county.

Subp. 16. County-municipal account.

"County-municipal account" means a separate record of that portion of the county state-aid highway funds allocated for expenditure on county state-aid highways within cities having less than 5,000 population.

Subp. 16a. Curb reaction distance.

"Curb reaction distance" means the distance measured from the edge of the outside through-traffic lane to the adjacent face of curb.

Subp. 17. Disaster account.

"Disaster account" means an account provided by law for use in aiding a county or urban municipality that has suffered a serious damage to its county state-aid highway system or municipal state-aid street system from fire, flood, tornado, or other uncontrollable forces of such proportion that the cost of repairs to that county state-aid highway system or municipal state-aid street system is beyond the normal resources of the county or urban municipality.

Subp. 18. Disaster board.

"Disaster board" means a board, appointed in accordance with law, to investigate and report its findings and recommendations to the commissioner as to a county's or urban municipality's claim of a disaster or unforeseen event affecting its county state-aid highway or municipal state-aid street system and resulting in a financial hardship.

Subp. 19. District state-aid engineer.

"District state-aid engineer" means a licensed engineer employed as the district state-aid engineer of the Minnesota Department of Transportation, or a designated representative.

Subp. 19a. Excess sum.

"Excess sum" has the meaning given in Minnesota Statutes, section 162.07, subdivision 1a.

Subp. 20. Force account agreement.

"Force account agreement" means an agreement between the Minnesota Department of Transportation and an urban municipality or county for the urban municipality or county to do state-aid funded construction projects with local forces, and for the urban municipality or county to be reimbursed, based on agreed unit prices.

Subp. 21. Functional classification plan.

"Functional classification plan" means a plan by which highways and streets are grouped into classes according to the character of service they are intended to provide.

Subp. 22. Level of service.

"Level of service" has the meaning given in the Highway Capacity Manual, Special Report 209, as revised and published by the Transportation Research Board of the National Research Council, Washington, D.C. The definition is incorporated by reference, is not subject to frequent change, and is located at the Minnesota State Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, Minnesota 55155.

Subp. 23. Local forces.

"Local forces" means railroad forces when working on a railroad crossing, utility forces when conducting utility work eligible under a force account agreement, the employees of a local unit of government, or contract forces for contracts not advertised for bids in accordance with Minnesota Statutes, section 471.345, needed to perform a specific project for reasons of expertise or necessary expediency.

Subp. 24. Local highway or street department.

"Local highway or street department" means the highway or appropriate department of each county and each urban municipality.

Subp. 25. Local road research board.

"Local road research board" means a board appointed in accordance with part 8820.3200 to recommend specific research projects to the commissioner.

Subp. 26. Natural preservation route.

"Natural preservation route" means an existing or proposed roadway that has been designated as a natural preservation route in accordance with Minnesota Statutes, section 162.021, by the commissioner upon petition by a county board and that possesses sensitive or unique scenic, environmental, pastoral, or historical characteristics.

Subp. 27. Needs report.

"Needs report" means a report of the estimated construction cost required to improve a state-aid system to standards adequate for future traffic on a uniform basis.

Subp. 28. Paved shoulder.

"Paved shoulder" means a part of a highway which is contiguous to the regularly traveled portion of the highway and is on the same level as the highway.

Subp. 29. Project development costs.

"Project development costs" are any costs (1) incurred before a contract is awarded and (2) attributable to the development of a project on a designated state-aid route. These costs include, but are not limited to, costs for preparation of environmental documentation, special studies or reports, historical or archaeological reviews, project design, costs of obtaining permits, and public involvement, but does not include costs for acquiring right-of-way.

Subp. 30. Reconditioning.

"Reconditioning" includes resurfacing, replacement, or rehabilitation of the pavement structure to extend the life of the roadway and effectively address critical safety and operations needs through minor improvements to the existing facility. Reconditioning projects generally utilize the existing horizontal and vertical alignment, may entail minor widening or geometric improvement, and normally require little or no additional right-of-way. Reconditioning may include changes in vertical or horizontal alignment involving no more than 20 percent of the length of the project. Reconditioning may include curb replacement along no more than 20 percent of the length of the project, not including curb replacement for purposes of meeting the Americans with Disabilities Act requirements. Work does not normally extend beyond the existing ditch bottom.

Subp. 31. Reconstruction.

"Reconstruction" means (1) the replacement of an existing roadway on a similar alignment or (2) the replacement of an existing bridge with a completely new bridge.

Subp. 31a. Rural.

"Rural" means a roadway that includes ditches and is located in an area that is not presently, nor will it be in the foreseeable future, sufficiently developed to warrant use of an urban design.

Subp. 32. Screening board.

"Screening board" means the county screening board or municipal screening board appointed in accordance with law and authorized to recommend to the commissioner the size and money needs for each of their state-aid systems.

Subp. 33. Shared lane.

"Shared lane" means any roadway or travel lane upon which a separate bicycle lane is not designated and which bicycles may legally use, whether or not such facility is specifically designated as a bikeway or bicycle route.

Subp. 34. Shared use path.

"Shared use path" means a bikeway that is physically separated from a roadway or shoulder by the use of an open space buffer or physical barrier. A shared use path can also be used by a variety of nonmotorized users such as pedestrians, joggers, skaters, and wheelchair users.

Subp. 35.

[Repealed, 42 SR 485]

Subp. 36. State-aid engineer.

"State-aid engineer" means a licensed engineer employed as the state-aid engineer of the Minnesota Department of Transportation, or a designated representative.

Subp. 37. Suburban.

"Suburban" means an area both in a subdivided area or an area in a detailed development process, and where physical restraints are present that prevent reasonable application of the rural design standards.

Subp. 38. Town allotment.

"Town allotment" means the county apportionment of county state-aid highway funds for use in constructing and maintaining town roads.

Subp. 39. Town bridge account.

"Town bridge account" means the apportionment of county state-aid turnback funds for use in the construction or reconstruction of bridges on town roads.

Subp. 40. Town bridge need.

"Town bridge need" means the estimated construction cost required to improve or replace a town bridge to conform to standards adequate for future traffic on a uniform basis.

Subp. 41. Town road.

"Town road" means a road that is maintained by a town or any other local unit of government acting as a town and open to the traveling public a minimum of eight months of the year as certified by the county highway engineer.

Subp. 42. Town road account.

"Town road account" means the apportionment of county state-aid turnback funds for use in the construction, reconstruction, or gravel maintenance of town roads.

Subp. 43. Turnback account.

"Turnback account" means the account provided by law for payment to the county or urban municipality for the approved repair and restoration or reconstruction and improvement of those former trunk highways that have reverted to county or urban municipal jurisdiction and have become part of the state-aid system.

Subp. 43a. Urban.

"Urban" means a roadway that includes a curb and gutter and is, or will be in the foreseeable future, located in an area that is sufficiently developed to warrant an urban design.

Subp. 44. Urban municipality.

"Urban municipality" means a city having 5,000 or more population, determined in accordance with the provisions of law.

Subp. 45. Variance committee.

"Variance committee" means a committee appointed in accordance with part 8820.3400 to investigate and make recommendations to the commissioner on requests for variances from this chapter.

Subp. 46. Wide outside lane.

"Wide outside lane" means outside lanes which accommodate bicycles and motorists in the same lane with a lane width of 14 to 16 feet. For accommodating bicyclists, the wide outside lane dimension shall be to the face of curb.

History

Statutory Authority: MS s 14.386; 14.389; 161.082; 161.083; 162.02; 162.021; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 18 SR 32; 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 32 SR 608; 36 SR 925; 37 SR 697; 42 SR 485

Minn. R. 8820.0300 [Repealed by amendment, 8 SR 2146]

[Repealed by amendment, 8 SR 2146]

Minn. R. 8820.0400 Local Highway and Street Departments

Each county and each urban municipality shall establish and maintain a highway or street department. These departments must be adequately organized, staffed, and equipped to administer for the county or urban municipality matters relating to the operations of the state-aid program and to exercise all functions incidental thereto, in accordance with law. Preparation of plans and specifications and supervision of construction and maintenance must be under the control and direction of a professional engineer, licensed in the state of Minnesota and employed or retained for that purpose.

History

Statutory Authority: MS s 14.386; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 42 SR 485

Minn. R. 8820.0500 Selection Goal: Integrated Network

The state-aid highways and streets designated to form the basis for a long-range improvement program must be so selected as to form an integrated network of highways and streets in accordance with parts 8820.0600 to 8820.0800.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146

Minn. R. 8820.0600 Selection of Routes, Generally

Subpart 1. Commissioner's approval.

Final selection of routes to be included in the respective county state-aid and municipal state-aid systems are subject to the approval of the commissioner. These routes may be established on new locations where no existing roadway exists or may be located upon or over an established roadway or specified portion of a roadway.

Subp. 2. County and municipal designations.

The highway and street systems are to be selected and designated in accordance with Minnesota Statutes, chapter 162.

Subp. 3.

[Repealed by amendment, 29 SR 449]

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 24 SR 1885; 29 SR 449

Minn. R. 8820.0700 Selection Criteria

Subpart 1. Basis.

A state-aid route must be selected on the basis of all criteria in either subpart 2 or 3.

Subp. 2. County state-aid highway.

A county state-aid highway may be selected if it:

A. is projected to carry a relatively heavier traffic volume or is functionally classified as collector or arterial as identified on the county's functional classification plan;

B. connects towns, communities, shipping points, and markets within a county or in adjacent counties; provides access to rural churches, schools, community meeting halls, industrial areas, state institutions, and recreational areas; or, serves as a principal rural mail route and school bus route; and

C. provides an integrated and coordinated highway system affording, within practical limits, a state-aid highway network consistent with projected traffic demands.

Subp. 3. Municipal state-aid street.

A municipal state-aid street may be selected if it:

A. is projected to carry a relatively heavier traffic volume or is functionally classified as collector or arterial as identified on the urban municipality's functional classification plan;

B. connects the points of major traffic interest, parks, parkways, or recreational areas within an urban municipality; and

C. provides an integrated street system affording, within practical limits, a state-aid street network consistent with projected traffic demands.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041

Minn. R. 8820.0800 Route Designation Procedures; Turnbacks; Revocation

Subpart 1. Resolution and certification.

Route designations for county state-aid highways (CSAH) and municipal state-aid streets (MSAS) must be selected by the respective boards of county commissioners or governing bodies of urban municipalities. The highway or street selections must be reviewed by the district state-aid engineer of that area and the engineer's recommendation must be filed with the commissioner. Upon preliminary approval of the commissioner, the respective boards or governing bodies shall establish the route by designation. For MSAS routes to be designated on county roadways, the designation must be approved in the form of a resolution by the county board and the resolution filed with the commissioner. After receipt of each board action requesting designation, the commissioner shall approve all or part of the highway or street designations that comply with the criteria set out in this chapter. The commissioner shall certify to the respective boards of county commissioners or governing bodies of urban municipalities the approved portion of the highway or street designation. Highways or streets so approved become a part of the CSAH system or the MSAS system, subject to additions or revisions as may be, from time to time, requested and approved.

Subp. 1a. Route revisions.

Route revisions must be completed in accordance with subpart 1, except that revisions may be made on the basis of a construction plan, approved by a state-aid engineer, without action of the respective governing body if the designated route is relocated and the function of the designated route at the previous location is transferred to the new location.

Subp. 2. Turnback designations.

With regard to turnback designations, prior to release of a trunk highway to the jurisdiction of a county or urban municipality, the commissioner shall notify the board of county commissioners or the governing body of the urban municipality through its county highway or city engineer, which portions of the turnback are eligible for designation as part of its state-aid system and which portions are eligible for restoration or reconstruction and improvement with turnback funds. Upon a request for the designation of eligible portions of the turnback from the board of county commissioners or the governing body of the urban municipality, the commissioner shall issue the official order for designation and notify the county or municipal screening board of this action.

Subp. 3. Payback on revoked state-aid routes.

If a local unit of government revokes a state-aid route for which state-aid construction money has been spent, the district state-aid engineer shall determine the remaining life of the project and compute the value of the items that were financed with state-aid money. This computed value must be subtracted from the next state-aid contract let by the local unit of government. For this determination, (1) the life of a construction and reconstruction project is 25 years, (2) the life of a bridge project is 35 years, and (3) the life of a surfacing or reconditioning project is ten years.

History

Statutory Authority: MS s 14.386; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 23 SR 1455; 29 SR 449; 42 SR 485

Minn. R. 8820.0900 [Repealed by amendment, 8 SR 2146]

[Repealed by amendment, 8 SR 2146]

Minn. R. 8820.1000 Money Needs and Apportionment Determination

Subpart 1. Construction cost data.

To provide data to implement the formulas for state-aid apportionment, each county highway engineer and city engineer must provide the commissioner actual cost data for all construction projects that improve the county state-aid or municipal state-aid system to approved standards.

Subp. 2. Incidental costs.

In addition to the direct construction or maintenance costs permitted under law, the costs of the following incidental items are eligible for inclusion in determining money needs:

A. right-of-way;

B. automatic traffic control signals;

C. lighting of roadways and bridges within approved standards; and

D. drainage costs.

Subp. 3.

[Repealed, 20 SR 1041]

History

Statutory Authority: MS s 14.386; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 42 SR 485

Minn. R. 8820.1100 Screening Board Reports

Subpart 1. Annual reports.

A detailed report of the length of the state-aid systems and cost estimates must be tabulated and referred to the respective screening boards appointed pursuant to law. These boards shall investigate and review the length of the systems, cost estimates, and the reports of those expenditures listed under deductible items, and shall, on or before November 1 of each year, submit their findings and recommendations in writing to the commissioner as to the length of the systems and adjusted money needs for each of the governmental subdivisions represented by the respective boards.

Subp. 2.

[Repealed by amendment, 8 SR 2146]

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 20 SR 1041

Minn. R. 8820.1200 Compilation and Notice of Apportionment

Subpart 1. Compilation of data by commissioner.

The commissioner shall determine the apportionment percentage due each county and urban municipality in accordance with the formulas established by law.

Subp. 1a. State-aid apportionments.

State-aid apportionments must be made from the county state-aid highway fund and the municipal state-aid street fund as provided by law.

Subp. 2. Notice of annual apportionment.

Not later than February 1 of each year, the commissioner shall certify the annual apportionment to each respective county or urban municipality.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 20 SR 1041; 29 SR 449

Minn. R. 8820.1300 [Repealed by amendment, 8 SR 2146]

[Repealed by amendment, 8 SR 2146]

Minn. R. 8820.1400 Maintenance, Construction, Town Bridge, and Town Road Accounts; State-Aid Payments

Subpart 1. County maintenance apportionments.

As soon as the annual county and urban municipal state-aid allotments have been determined, the commissioner shall apportion and set aside the following amounts:

A. 40 percent of the regular county state-aid allotment for the general maintenance of county state-aid highways;

B. 40 percent of the county-municipal account allotment for maintaining the county state-aid highways within municipalities of less than 5,000 population.

Subp. 2. Revisions of county maintenance apportionments.

The commissioner may, upon recommendation of the screening board or upon receipt of a resolution from a county board and for good cause shown, increase or decrease the proportion to be used for maintenance under either subpart 1, item A or B.

Subp. 3. Urban maintenance apportionment account.

Twenty-five percent of the total allocation, if requested by the urban municipality before December 16 preceding the annual allocation, or $1,500 per mile of improved municipal state-aid streets, is the minimum allotment for the general maintenance of the approved state-aid system. The commissioner may modify any allotments to the urban maintenance account to finance the amount needed to pay the interest due on municipal state-aid bonds and to accommodate the screening board resolutions pertaining to trunk highway turnback maintenance allowances.

Those municipalities desiring to receive an amount greater than the established minimum, not to exceed 35 percent of the total allocation, shall file a request with the commissioner before December 16 preceding the annual allocation and shall agree to file a detailed annual maintenance expenditure report at the end of the year.

Subp. 4.

[Repealed by amendment, 8 SR 2146]

Subp. 4a. Construction apportionments.

The construction portion of the annual allocation to each county and urban municipality must be credited to the respective accounts and retained by the commissioner for payment on approved projects.

Subp. 4b. Town bridge account.

The commissioner shall retain for payment on approved projects the town bridge account portion of the annual allocation.

Subp. 4c. Town road account.

The town road account portion of the annual allocation must be set aside and credited to each respective county.

Subp. 4d. State-aid payments.

Annual apportionments to the respective counties and urban municipalities must be released in the manner provided in subparts 5 to 8 and parts 8820.1500 to 8820.2400.

Subp. 5. Payment schedule.

At the earliest practical date, after the allotments have been determined, the commissioner shall release the following amounts to the respective counties and urban municipalities:

A. 100 percent of the town road account; and

B. maintenance funds:

Subp. 6. Additional advances.

On or about July 1 of each year, the commissioner shall release an additional advance from the respective maintenance accounts listed below:

A. from the regular account of each county:

B. from the municipal account of each county:

C. from the municipal account of each urban municipality:

Subp. 7. Remaining maintenance funds.

The remaining maintenance funds will be released to the counties and urban municipalities upon receipt of their report of actual maintenance expenditures.

Subp. 8. Unobligated maintenance account balance.

An unobligated balance remaining in the state-aid maintenance account to the credit of a county or urban municipality, after final settlement has been made for the annual maintenance expenditures, must be automatically transferred to the construction account of that county or urban municipality.

History

Statutory Authority: MS s 14.386; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 42 SR 485

Minn. R. 8820.1500 Construction Funds

Subpart 1.

[Repealed by amendment, 8 SR 2146]

Subp. 2. State-aid contracts.

Upon receipt of an abstract of bids, a certification as to the execution of a contract that includes a requirement for bond, and a payment request, the commissioner shall promptly release from the funds available to the county or urban municipality up to 95 percent of the state-aid portion of the contract. Upon further receipt of a signed supplemental agreement, change order, or work order, including by means of an electronic signature, for a major addition to the contract, or appraised values for additional right-of-way costs, the commissioner shall promptly release from the funds available to the county or urban municipality up to 95 percent of the state-aid portion of the supplemental agreement, change order, work order, or right-of-way appraised value. The commissioner shall keep the remaining percentage of the state-aid share of the contract, except of approved right-of-way claims which will be paid in full upon proof of acquisition and availability of funds, until the project is 95 percent or more completed as substantiated and requested by the county or city engineer.

Upon receipt of the final project acceptance and final cost determination by the county or city engineer, and upon concurrence of project acceptance by the district state aid engineer, the commissioner shall promptly release from the funds available any remaining money due to the state-aid portion of the contract.

Subp. 3. Federal-aid contracts.

Under authority of an agency agreement and acting as its agent in federal-aid operations, the commissioner may release from available state-aid funds for transfer to the state-aid agency account up to 100 percent of the county's or urban municipality's state-aid-eligible share of any contract obligations for which the commissioner is not reimbursed by the federal government, county, or urban municipality. When the commissioner is also contracting for work as agent for a county or urban municipality, and when the county or urban municipality is using funds other than federal aid funds, state or state-aid funds, or transportation revolving loan funds, 100 percent of the contract amount to be paid by those other funds must be deposited in the state-aid agency account before the contract is awarded.

Subp. 4. Force account agreements.

Upon receipt of an approved force account agreement and a payment request, the commissioner shall promptly release from funds available for these approved projects 95 percent of the agreement amount. The commissioner shall keep the remaining percentage of the agreement amount until the project is 95 percent or more completed as substantiated and requested by the county or city engineer, or until the final cost is determined and the project accepted by the district state-aid engineer.

Subp. 5. Payment limitations.

Approval of state-aid projects by the commissioner does not imply that state-aid payments will be made in excess of the construction funds available from current state-aid allotments. A county or urban municipality having depleted its currently available funds during the calendar year will not be eligible for reimbursement from future allotments unless a request for an advance has been approved or a project is completed in a subsequent year and funds are available.

Subp. 6. Engineering costs.

Requests for reimbursement of project development costs may be submitted at any time after the costs have been incurred. The commissioner, upon receipt of this request supplemented by documentation as may be requested, shall authorize the reimbursement for actual documented project development costs. Requests for reimbursement must be processed at least semiannually, except that payments requested with the report of state-aid contract, report of final estimate, force account partial payments, or force account final payments must be made at the time the reports are processed.

Requests for payment of actual construction engineering costs must be documented and submitted along with the final estimate report. The commissioner, upon receipt of this request, shall authorize a construction engineering payment.

The sum of the project development and construction engineering charges must be limited to 25 percent of the eligible construction costs. Limitations for project development costs paid before a contract is awarded must be based upon the engineer's estimate of the eligible construction costs.

Subp. 7. Right-of-way.

State-aid payments for right-of-way costs on approved projects must be limited to 95 percent of the approved claim until the acquisition of right-of-way parcels required are actually completed and the final costs established. Each parcel contained in an approved right-of-way plan must be considered as separate entities in regard to payment eligibility.

Subp. 8. Advance from county funds.

When the commissioner approves a request from the county board for constructing an approved county state-aid project requiring county state-aid highway funds in excess of the county's available balance, the county may make advances from any state-aid or local funds available to the county for the construction of that project. The request for an advance must be in the form of a resolution. Advances repaid from the turnback account must be processed according to part 8820.2900, subpart 4. The commissioner shall repay the advanced funds out of subsequent county construction account apportionments or turnback account apportionments in accordance with the terms and conditions specified in the approved request.

Subp. 9. Advance from county state-aid highway fund.

When the commissioner approves a request from the county board for constructing an approved county state-aid project requiring county state-aid highway funds in excess of the county's available balance, the county may request to advance funds from the county state-aid highway fund. The request for an advance must be in the form of a resolution. The commissioner shall restore the county state-aid fund in accordance with the terms and conditions specified in the approved request.

On an annual basis, the County Screening Board shall recommend to the commissioner guidance for advance funding.

Subp. 9a. Advance from town bridge account.

When the commissioner approves a request from the governing body of a county for the replacement, reconstruction, or rehabilitation of a town bridge requiring funds in excess of the county's available town bridge account, the commissioner shall reimburse those expenditures in accordance with the terms and conditions specified in the approved request.

Subp. 10. Advance from urban municipal funds.

When the commissioner approves a request from the governing body of an eligible urban municipality for constructing an approved municipal state-aid street project requiring funds in excess of the urban municipality's available balance, then, subject to limits of the law, the urban municipality may make advances from any state-aid or local funds available to the urban municipality for the construction of that project. The request for an advance must be in the form of a resolution. Advances repaid from the turnback account must be processed according to part 8820.2900, subpart 4. The commissioner shall repay the advanced funds out of subsequent urban municipal construction account apportionments or turnback account apportionments in accordance with the terms and conditions specified in the approved request.

Subp. 10a.

[Renumbered subp. 9a]

Subp. 10b. Advance from municipal state-aid street fund.

When the commissioner approves a request from the governing body of an eligible urban municipality for constructing an approved municipal state-aid project requiring municipal state-aid street funds in excess of the urban municipality's available balance, then the urban municipality may request to advance funds from the municipal state-aid street fund. The request for an advance must be in the form of a resolution. The commissioner shall restore the municipal state-aid street fund in accordance with the terms and conditions specified in the approved request.

On an annual basis, the Municipal Screening Board shall recommend to the commissioner guidance for advance funding.

Subp. 11. County or municipal bond account.

With regard to a county or municipal bond account, a county or urban municipality that resolves to issue bonds payable from the appropriate state-aid fund in accordance with law for the purpose of establishing, locating, relocating, constructing, reconstructing, or improving state-aid streets or highways and, for a county only, constructing buildings and other facilities for maintaining a county state-aid highway under its jurisdiction, shall certify to the commissioner within 30 days following issuance of the bond, the amount of the total obligation and the amount of principal and interest that will be required annually to liquidate the bonded debt. The commissioner shall set up a bond account, itemizing the total amount of principal and interest involved and shall annually certify to the commissioner of management and budget the amount needed from the appropriate state-aid construction fund to pay the principal due on the obligation, and the amount needed from the appropriate state-aid maintenance fund to pay the current interest. The total maximum annual repayment of funds loaned from the transportation revolving loan fund plus state-aid bond funds that may be paid with state-aid funds is limited to 90 percent of the amount of the county's or urban municipality's last annual construction allotment preceding the bond issue. Proceeds from bond sales are to be expended only on approved state-aid projects and for items determined to be eligible for state-aid reimbursement. A county or urban municipality that intends to expend bond funds on a specific state-aid project shall notify the commissioner of this intent without delay upon awarding a contract or executing a force account agreement. Upon completion of each such project, a statement of final construction costs must be furnished to the commissioner by the county or the urban municipality. Counties may only fund the portion of maintenance buildings and structures related to state-aid transportation maintenance operations. If a building or structure or any portion of it is used for other than state-aid maintenance purposes during its useful life, the commissioner may determine an amount the county shall pay back to the county's maintenance account.

Subp. 11a. Transportation revolving loan fund.

The commissioner shall set up a payment schedule that matches the transportation revolving loan fund repayment schedule, itemizing the total amount of principal and interest. The amount needed from the appropriate state-aid construction fund to pay the principal due on the loan and the amount needed from the appropriate state-aid maintenance fund to pay the current interest must be paid to the county or urban municipality.

The total maximum annual repayment of funds loaned from the transportation revolving loan fund and state-aid bond funds subject to reimbursement from state-aid funds due in any calendar year is limited to 50 percent of the amount of the county's or urban municipality's last annual construction allotment at the time of the loan.

The loaned funds subject to reimbursement from state-aid funds are to be expended only on approved state-aid projects and for items determined to be eligible for state-aid reimbursement.

A county or urban municipality that intends to borrow funds for a specific state-aid project shall notify the commissioner of this intent without delay upon awarding a contract or executing a force account agreement and submittal of a Report of State Aid Contract.

Upon completion of each state-aid project, a statement of final construction costs must be furnished to the commissioner by the county or the urban municipality in the form of a Report of Final Estimate.

Subp. 12. Municipal state-aid funds; county or trunk highway projects.

The governing body of an urban municipality desiring to use a portion of its state-aid funds for improvements within its boundaries on a state trunk highway or county state-aid highway, must have the plans approved by the state-aid engineer before bids are opened for these purposes. The extent of state-aid participation must be determined on the same basis as a regular municipal state-aid highway project, including engineering and right-of-way costs.

History

Statutory Authority: MS s 14.386; 14.389; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 32 SR 608; L 2009 c 101 art 2 s 109; 36 SR 925; 42 SR 485

Minn. R. 8820.1600 Annual Statements

Within 30 days after the close of each year, the commissioner shall make available to each county or urban municipality annual statements as to the status of its respective state-aid accounts.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 20 SR 1041; 29 SR 449

Minn. R. 8820.1700 Other Authorized Payments

Certain specific allotments or transfers of state-aid funds have been authorized by law. These will be processed as provided in parts 8820.1800 to 8820.2400.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146

Minn. R. 8820.1800 Transfer for Hardship Condition or Local Other Use

Subpart 1. Hardship.

When the county board or governing body of an urban municipality desires to use a part of its state-aid allocation off an approved state-aid system, it shall certify to the commissioner that it is experiencing a hardship condition in regard to financing its local roads or streets while holding its current road and bridge levy or budget equal to or greater than the levy or budget for previous years. Approval may be granted only if the county board or governing body of an urban municipality demonstrates to the commissioner that the request is made for good cause. If the requested transfer is approved, the commissioner, without requiring progress reports and within 30 days, shall authorize either immediate payment of at least 50 percent of the total amount authorized, with the balance to be paid within 90 days, or schedule immediate payment of the entire amount authorized on determining that sufficient funds are available.

Subp. 2. Other local use.

When the county board or governing body of an urban municipality desires to use a part of its state-aid allocation on local roads or streets not on an approved state-aid system, it shall certify to the commissioner that its state-aid routes are improved to state-aid standards or are in an adequate condition. The state-aid engineer must concur before state-aid funds are expended. That portion of the county or city apportionment attributable to needs must not be used on the local system.

A construction project for a local road or street not on an approved state-aid system and not designed to state-aid standards must not be given final approval by the State Aid for Local Transportation Division unless the plan is accompanied by a resolution from the respective county board or urban municipality that indemnifies, saves, and holds harmless the state of Minnesota and its agents and employees from claims, demands, actions, or causes of action arising out of or by reason of a matter related to constructing the local road or street as designed. The resolution must be approved by the respective county board or urban municipality and agree to defend at the sole cost of the county or urban municipality any claim arising as a result of constructing the local road or street.

Payment for the project must be made in accordance with part 8820.1500, subparts 1 to 5.

History

Statutory Authority: MS s 14.386; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 23 SR 1455; 42 SR 485

Minn. R. 8820.1900 [Repealed, 42 SR 485]

[Repealed, 42 SR 485]

Minn. R. 8820.2000 Constructing Selected State Park Projects

For constructing selected state park projects and as provided by law, a portion of the county state-aid highway funds must be set aside and used for constructing, reconstructing, and improving county state-aid highways, county roads, city streets, and town roads providing access to outdoor recreation units as defined in Minnesota Statutes, section 86A.04. These funds set aside must be spent for this purpose only on a request from the commissioner of natural resources. Projects selected on county state-aid highways or municipal state-aid streets must be approved by the commissioner of transportation in accordance with the procedure established for other state-aid operations, and must also receive the approval of the appropriate screening board.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041

Minn. R. 8820.2100 Disaster Account

The commissioner must authorize the disaster board to inspect the disaster area if the requesting county or urban municipality damage estimate exceeds ten percent of the current road annual state-aid allotment to the county or urban municipality. The disaster board must consider the availability of any state and federal disaster relief funds before making its recommendation. A disaster appropriation approved by the commissioner must be promptly paid after a work plan for each project under this part is submitted, up to 95 percent of its estimate to the county or urban municipality for which the appropriation was authorized. The funds so allotted and paid to the county or urban municipality may only be spent for the purpose for which they were authorized, and within a reasonable time specified by the commissioner. Immediately upon completion of the work for which the disaster payment was made or the expiration of the time specified for doing the work, whichever occurs first, the county or urban municipality shall file a report certifying the extent of the authorized work completed and showing the total expenditure made. If the total disaster allotment was not required or used for the purpose specified or if state or federal disaster aid is later received, the remainder and an amount equal to the state or federal aid received must be promptly reimbursed to the commissioner for redeposit in the county state-aid disaster account or the municipal state-aid disaster account.

History

Statutory Authority: MS s 14.386; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 42 SR 485

Minn. R. 8820.2200 Research Account

County and municipal state-aid funds that may be annually allocated to the research account must be used solely for those research projects recommended by the local road research board and approved by the commissioner.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 20 SR 1041

Minn. R. 8820.2300 Turnback, Town Bridge, and Town Road Accounts

Subpart 1. County and municipal turnback accounts.

A percentage of the net highway user tax distribution fund is set aside in accordance with law and apportioned to separate accounts respectively identified as the county turnback account and the municipal turnback account.

Subp. 1a. Town bridge account.

Further, a percentage of the net highway user tax distribution fund is set aside and must be used for replacement or reconstruction of town bridges pursuant to the law. This latter account is known as the town bridge account.

Subp. 1b. Town road account.

Further, a percentage of the net highway user tax distribution fund must be apportioned to the counties for the construction, reconstruction, and maintenance of town roads. This account is known as the town road account.

Subp. 2. Town bridge fund allocation.

The funds set aside for town bridges must be allocated to the eligible counties.

Subp. 2a. Town road account allocation.

The amounts to be distributed to the counties from the town road account must be determined according to the formula prescribed by Minnesota Statutes, section 162.081, subdivisions 2 and 4. The funds apportioned to a county from the town road account must be distributed to the treasurer of each eligible town within 30 days of the receipt of the funds by the county treasurer, according to a distribution formula adopted by the county board. The county board must consider each town's population, town road mileage, and other factors considered advisable to the interest of achieving equity among the towns. The county treasurer is the treasurer for eligible unorganized towns. If a county board does not adopt a distribution formula, the funds must be distributed to the town according to items A and B.

A. Fifty percent of the funds apportioned to a county must be distributed to an eligible town based upon the percentage that its population bears to the total population of the eligible towns in the county.

B. Fifty percent of the funds apportioned to a county must be distributed to eligible towns based upon the percentage of the length of town roads of each town to the total length of town roads of eligible towns in the county.

Subp. 3. Surplus turnback funds.

At any time the commissioner determines that either the county or municipal turnback accounts, notwithstanding the town bridge accounts or the town road accounts, has accumulated a surplus not needed for turnback purposes, the commissioner shall properly notify the commissioner of management and budget requesting the transfer of the surplus to the respective county state-aid highway fund or municipal state-aid street fund for apportionment as provided by law.

Subp. 4.

[Repealed by amendment, 8 SR 2146]

Subp. 5.

[Repealed by amendment, 8 SR 2146]

Subp. 6. Release of turnback account funds.

Upon receipt of an abstract of bids and a certification as to the execution of a contract and bond on an eligible project, the commissioner shall release to a county or urban municipality from turnback account funds up to 95 percent of the turnback share of the contract. The commissioner shall keep the remaining percentage of the turnback share of the contract until the final cost is determined and the project accepted by the district state-aid engineer.

On force account agreements, partial estimates must be accepted on turnback projects approved for construction by local forces, using the agreed unit prices for determining the value of the completed work.

The commissioner shall release from the respective turnback account 95 percent of the value as reported by partial estimates on an eligible turnback project.

Requests for reimbursement of preliminary and construction engineering costs on an eligible turnback project must be submitted and payment must be authorized in accordance with part 8820.1500, subpart 6.

Subp. 6a. In lieu payment.

In lieu of contracting work or force account work, the commissioner, with concurrence of the receiving agency, may enter into an agreement to pay a lump sum payment from the turnback account to the receiving agency's road and bridge account, or encumbered within the turnback account to be paid as county or municipal construction, equal to the net value of eligible turnback costs.

Subp. 7. Release of town bridge account funds.

Upon receipt of an abstract of bids and a certification as to the execution of a contract and bond on an eligible project, the commissioner shall release to a county, from town bridge account funds, up to 95 percent of the town bridge account share of the contract. The commissioner shall keep the remaining five percent until the final cost is determined and the project is accepted by the district state-aid engineer.

History

Statutory Authority: MS s 14.386; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 17 SR 1279; 20 SR 1041; 23 SR 1455; 24 SR 1885; L 2009 c 101 art 2 s 109; 42 SR 485

Minn. R. 8820.2400 Transfer to County Regular Account Fund

Upon receipt of a certified copy of a county board resolution under Minnesota Statutes, section 162.08, requesting the transfer of part or all of the total accumulated amount in the county municipal account fund to the county regular account fund, the commissioner shall transfer the funds.

History

Statutory Authority: MS s 14.386; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 42 SR 485

Minn. R. 8820.2500 Minimum State-Aid Standards

Subpart 1. Applicability of standards.

The standards in this part apply to all new construction, reconstruction, rehabilitation, or resurfacing projects approved by the state-aid engineer on and after November 13, 1995, except as noted or otherwise provided for in law.

Subp. 1a. Geometric design standards.

The standards in part 8820.9920 apply to rural design undivided roadways, new or reconstruction.

The standards in part 8820.9936 apply to urban design roadways, new or reconstruction.

The requirements in parts 8820.9926 and 8820.9946 apply to reconditioning projects.

The vertical clearances for underpasses in part 8820.9956 apply.

The standards in parts 8820.9981 and 8820.9986 apply to designated forest highways within national forests and state park access roads within state parks and to designated natural preservation routes.

The standards in part 8820.9995 apply to bicycle paths.

Subp. 2. Specifications.

Specifications for construction must be the latest approved Minnesota Department of Transportation specifications, except as modified by special provisions which set forth conditions or requirements for work or materials not covered by the approved specifications, or which set forth conditions or requirements to meet exigencies of construction peculiar to the approved project.

Subp. 3. Right-of-way.

The minimum widths of right-of-way for state-aid routes must be at least 60 feet within cities and 66 feet in rural areas, except that the right-of-way may be less for routes that are within a city, that were constructed before November 13, 1995, and that can be reconstructed to new construction standards within the previously existing right-of-way. Before construction, the governing body shall acquire control of the additional widths of right-of-way as may be necessary to properly maintain the ditch section, drainage structures, and the clear zone. Permanent easements for highway purposes are considered to be right-of-way for the purposes of this subpart.

Subp. 4. Parking provisions.

The criteria in part 8820.9961 must be used in establishing diagonal parking. The criteria in parts 8820.9936 and 8820.9946 must be used where parallel parking is used.

History

Statutory Authority: MS s 14.389; 161.082; 161.083; 162.02; 162.021; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 18 SR 32; 20 SR 1041; 23 SR 1455; 24 SR 1885; 36 SR 925

Minn. R. 8820.2600 Spending State-Aid Appropriations

State-aid funds allotted to counties and urban municipalities must be expended in accordance with the provisions of parts 8820.2700 to 8820.2900.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146

Minn. R. 8820.2700 Maintenance Requirements

Subpart 1. Standards.

The commissioner shall require a reasonable standard of maintenance on state-aid routes within the county or urban municipality, consistent with available funds, the existing street or road condition, and the traffic being served. This maintenance must be considered to include:

A. the maintenance of road surfaces, shoulders, ditches, and slopes and the cutting of brush and weeds affecting the respective state-aid systems;

B. the maintenance and inspection of bridges, culverts, and other drainage structures pursuant to Minnesota Statutes, section 165.03;

C. the maintenance of regulatory and direction signs, markers, traffic control devices, and protective structures in conformance with the current manual on uniform traffic control devices affecting the respective state-aid systems;

D. the striping of pavements of 22 feet or more in width, consistent with the current manual on uniform traffic control devices, and for which there are no pending improvements;

E. the exclusion of advertising signs, billboards, buildings, and other privately owned installations other than utilities of public interest from the right-of-way of an approved state-aid project; and

F. the installation of route markers on county state-aid highways as required by the Minnesota Manual on Uniform Traffic Control Devices as adopted under Minnesota Statutes, section 169.06.

Subp. 2. Unsatisfactory maintenance.

On determining that the maintenance of a county or municipal state-aid route is unsatisfactory, the commissioner shall keep up to ten percent of the current annual maintenance apportionment to the responsible county or urban municipality. Funds kept must be held to the credit of that county or urban municipality until the unsatisfactory condition has been corrected and a reasonable standard of maintenance is provided.

Subp. 3. Biennial report.

The commissioner's biennial report to the legislature shall enumerate such funds retained more than 90 days, together with an explanation for this action.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 24 SR 1885; 29 SR 449

Minn. R. 8820.2800 Construction Requirements

Subpart 1. Engineer's duties.

Surveys, preparation of plans and estimates, and construction inspection for state-aid projects must be performed by or under the supervision of the county highway or city engineer in accordance with standards for form and arrangement prescribed by the commissioner.

Subp. 2. Eligibility for funding.

A project is eligible for funding under the following conditions, as applicable:

A. Plans and estimates for each state-aid construction project must be submitted for review. Each plan must show the subsequent stages required for the completion of the improvement, portions of which may be covered by later contracts or agreements. Only those projects for which final plans are approved by the state-aid engineer before opening bids are eligible for state-aid construction funds, except as provided in subpart 8.

B. Force account work is eligible for state-aid funding once a force account agreement is signed by the state-aid engineer, including costs that occur before force account agreement approval.

C. Design-build projects are eligible for funding if, prior to the opening of design-build proposals, the state-aid engineer approves required project information. Among the information required must be project location, project termini, types of work to be performed, and standards to be used.

Subp. 3. Project identification numbers.

Projects must be assigned state-aid project numbers and must be so identified in records of the Minnesota Department of Transportation and the local governmental unit.

Subp. 4. Contract information.

Upon award of a state-aid contract by a county or urban municipality, the county highway engineer or city engineer shall furnish the commissioner with an abstract of bids and a certification as to the specific contract and bond executed for the approved construction work.

Subp. 5. Force account.

A county or urban municipality desiring to use funds credited to it on a force account basis must have its engineer file a request with the commissioner for each construction project to be built by the county or urban municipality at agreed unit prices. The unit prices must be based upon estimated prices for contract work, less a reasonable percentage to compensate for move-in, move-out, and contractor's profit. These requests must contain a complete list of pay items and the unit prices at which it proposes to do the work. Before approval by the commissioner, the district state-aid engineer shall file recommendations with the commissioner concerning the request and the cost estimate. Items of work other than those listed as a pay item or approved by supplemental agreements must be considered incidental work not eligible for state-aid payment.

Subp. 6. Project reports.

Prior to final acceptance of each construction project by the commissioner, the county highway engineer or the city engineer shall submit to the commissioner final project records as the commissioner may deem necessary or desirable.

Subp. 7. Project payments.

On state-aid construction projects payments will be made in accordance with part 8820.1500, subparts 2 to 5.

Subp. 8. Certified acceptance.

The commissioner may establish a certified acceptance program and establish qualifications for counties and urban municipalities to be eligible for participation in the program. Judgment of qualifications must be based upon factors such as the existence of a peer review program, the volume of state-aid contracts, availability of staff, and completion of appropriate training or demonstration of sufficient competency, or other similar factors. Certification may be granted in any or all of the following functional areas: road design, bridge design, traffic signal design, storm sewer design, right-of-way acquisition, or construction inspection and contract administration.

Counties and urban municipalities who request and are qualified may enter into an agreement with the state-aid engineer certifying that they will comply with all laws and state-aid rules and administrative policies in those functional areas for which they are qualified. Projects certified in accordance with the terms of the agreement are considered approved for purposes of subpart 2 and, when applicable, parts 8820.1500, subparts 2 (final inspection) and 12 (construction plans); 8820.3000, subpart 3 (bridges); and 8820.3100, subpart 8 (hydraulics).

The certified acceptance agreement must authorize the state-aid engineer to audit the work performed under the agreement and must contain provisions for cancellation of the agreement by the commissioner and for reimbursement of state-aid funds for cases of repeated noncompliance by the county or urban municipality.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 23 SR 1455; 29 SR 449

Minn. R. 8820.2900 Turnback and Town Bridge Account Expenditures

Subpart 1. Eligibility; former trunk highways.

The funds in the county and municipal turnback accounts must be spent only as payments to a county or urban municipality for the approved repair and restoration or reconstruction and improvement of those former trunk highways that have reverted to county or urban municipal jurisdiction after July 1, 1965, and that are a part of the county state-aid highway or municipal state-aid street system, except when the commissioner makes a lump sum payment under part 8820.2300, subpart 6a.

For trunk highways released after December 31, 1992, approval of plans for the construction of a turnback project is limited to a period of 15 years from the date of reversion. Each approved project must be advanced to construction status within one year after notification to the county or urban municipality that sufficient funds are available for constructing the project. Payment for repair and restoration or reconstruction and improvement of a section terminates eligibility for repair and restoration or reconstruction and improvement of that section with turnback funds.

Subp. 1a.

[Repealed, 20 SR 1041]

Subp. 2.

[Repealed, 20 SR 1041]

Subp. 2a. Eligibility; town bridges.

The town bridge account may be used to pay the cost to replace or reconstruct a town bridge, or to abandon an existing bridge that is deficient and in need of replacement but where no replacement will be made. It may also be used to pay the costs to construct a road or street to facilitate the abandonment of an existing bridge determined by the commissioner to be deficient if the commissioner determines that construction of the road or street is more cost efficient than replacing the existing bridge. A town bridge is eligible for replacement, reconstruction, or abandonment after the county board reviews the pertinent data supplied by local citizenry, local units of government, the regional development commission, or the metropolitan council, and adopts a formal resolution identifying the town bridge or bridges to be replaced or reconstructed. Except as otherwise provided by law, payment to the counties is limited to the cost of the bridge and must be made in accordance with part 8820.2300, subpart 7.

Subp. 3. Plan approval and construction requirements.

Plans for county or municipal state-aid turnback or town bridge projects must be submitted to the commissioner and be approved before reconstruction or improvement work is undertaken, except when the commissioner makes a lump-sum payment under part 8820.2300, subpart 6a. State-aid rules consistent with the turnback regulations apply to projects to be financed from the county or municipal turnback accounts or the town bridge account.

Subp. 4. Construction authorization.

As soon as the plans for a state-aid turnback or town bridge project are approved, the county or urban municipality must be furnished either an authorization to proceed with construction or a notice that sufficient funds are not available within the applicable turnback account or town bridge account and that a priority has been established for the project for construction authorization as soon as funds are available. When funds are advanced by the county or urban municipality to construct an approved project for which sufficient funds are not available in the turnback account or town bridge account, authorization to proceed with construction will be notification that the agreement for reimbursement of funds, in accordance with part 8820.1500, subpart 8, 8a, 9, 10, or 10b, has been approved by the commissioner.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 23 SR 1455

Minn. R. 8820.3000 Additional Controls on Expenditures

Subpart 1. Conformity.

In addition to those provisions previously mentioned, expenditures of state-aid funds by a county or urban municipality must conform to the following rules in subparts 2 to 7.

Subp. 2. Legal requirements.

State-aid construction projects must comply with federal, state, and local laws, together with ordinances, rules, and regulations applicable to the work. Responsibility for compliance rests entirely with the local unit of government.

Subp. 3. Bridge plans.

Plans for bridge construction or bridge reconstruction projects must be approved by the bridge engineer of the Minnesota Department of Transportation prior to the approval by the state-aid engineer.

Subp. 4. Reports and records.

Annual reports, status maps, and maintenance and construction reports and records must be filed at the time and in the form specifically requested by the commissioner or authorized representatives of the commissioner.

Subp. 5. Noncompliance.

The commissioner, upon determination that a county or urban municipality has failed to comply with the established state-aid requirements other than for unsatisfactory maintenance, or has failed to fulfill an obligation entered into for the maintenance or improvement of a portion of a state trunk highway or interstate route, shall determine the extent of the failure and the amount of the county's or urban municipality's apportionment that must be retained until a time when suitable compliance is accomplished or the obligation fulfilled, as the case may be. The amount withheld must reasonably approximate the extent of the noncompliance or the value of the unfulfilled obligation.

Subp. 6. Defective work.

When unsatisfactory conditions are found to exist on an approved construction project, the district state-aid engineer may, if necessary, order the suspension of all work affected until the unsatisfactory condition is satisfactorily corrected. Failure to conform with the suspension order must be considered willful noncompliance. Work or materials which fail to conform to the requirements of the contract or force account agreement must be considered as defective. Unless the work is satisfactorily remedied or repaired before final acceptance is requested, the commissioner shall either withhold funds in accordance with subpart 5, or shall establish the reasonable value of the defective work as the basis for settlement with the county or urban municipality.

Subp. 7. Engineering and technical assistance.

The commissioner may, as authorized by law, execute agreements with a county or urban municipality or other governmental unit for technical assistance from the Department of Transportation. These services, if furnished, must be paid for by the governmental subdivision at the rates established by the Department of Transportation.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 17 SR 1279

Minn. R. 8820.3100 General State-Aid Limitations

Subpart 1. Extent of state aid.

The extent of state-aid participation on special items is limited as follows in subparts 2 to 10.

Subp. 2. Lighting hazardous areas.

The cost of roadway and bridge lighting of locations at which accidents are likely to occur or are otherwise hazardous is an eligible expense if that lighting:

A. meets one or more of the following criteria:

B. is within a city. For the funding of additional locations, lighting expenses are eligible only to the extent that the county or urban municipality has furnished traffic information or other needed data to support its request. Ornamental light poles will be 100 percent eligible for state-aid funds only if the ornamental pole is required by an adopted city or county policy. In the absence of such a policy, ornamental poles will be treated as a landscaping item according to subpart 10.

Subp. 3.

[Repealed, 20 SR 1041]

Subp. 4.

[Repealed, 20 SR 1041]

Subp. 5. Traffic control signals.

The extent of state-aid participation in signal installations must be determined by the proportion of the number of approaching routes under the jurisdiction of the county or urban municipality to the total number of approaching routes involved at each installation. When at least one approach is eligible for state-aid participation for a county or urban municipality, then all other approaches under the same jurisdiction are also eligible.

Subp. 6. Right-of-way.

The cost of lands and properties required for right-of-way to accommodate the design width of the street or highway as governed by the state-aid standards, including necessary width for sidewalks and bicycle paths, is considered an eligible expense. This cost includes relocation and moving costs as provided by law and includes damages to other lands if reasonably justified to the satisfaction of the commissioner. Costs incurred by the county or urban municipality for title searches and costs associated with condemnation proceedings are also an eligible expense. Receipts from the rental or sale of excess properties paid for with state-aid funds must be placed in the local agency's road and bridge account to be used on the next state-aid project constructed.

Subp. 7.

[Repealed, 20 SR 1041]

Subp. 7a. Bicycle paths and sidewalks.

Payment for a bicycle path or sidewalk must be made when requested by urban municipalities, but only if the bicycle path or sidewalk is located within the permanent right-of-way of a state-aid- eligible route or within an easement generally parallel with a state-aid route. County state-aid funds may be spent on bicycle paths or sidewalks as a match to federal-aid funds or on bicycle paths or sidewalks that are both a part of an adopted plan and are located within the permanent right-of-way of a state-aid route or within an easement generally parallel with a state-aid route. County municipal state-aid funds may be spent on bicycle paths or sidewalks located within the permanent right-of-way of a state-aid route or within an easement generally parallel with a state-aid route.

Subp. 8. Storm sewers.

Plans containing items for storm sewer construction must be reviewed by the hydraulics engineer for the Minnesota Department of Transportation and the engineer's recommendations obtained concerning compliance with adopted state-aid storm sewer design requirements and the proportionate share chargeable to the state-aid system. These recommendations along with those of the district state-aid engineer must be considered in determining the maximum state-aid participation in this work.

Subp. 9.

[Repealed, 20 SR 1041]

Subp. 9a.

[Repealed, 36 SR 925]

Subp. 10. Landscaping.

The extent of state-aid participation in landscaping is limited to five percent of the total construction allocation in any year. Landscaping includes, but is not limited to:

A. items such as trees when exceeding two-to-one replacement, shrubs, ground covers, and mulch; and

B. retaining walls, fences, and other landscaping appurtenances when only decorative in function. The extent of participation also includes excess costs for functional but ornamental features such as, but not limited to, ornamental fences and railings, brick pavers, and aesthetic surface treatments. Excess cost is the cost in excess of a functional, standard item. Seeding, with mulch and fertilizer, and sodding are considered normal grading items.

History

Statutory Authority: MS s 14.389; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; 24 SR 1885; 29 SR 449; 36 SR 925

Minn. R. 8820.3150 Local Road Research

Within the law, the respective screening boards shall annually determine and recommend the amount that the commissioner shall set aside from the county state-aid highway fund or the municipal state-aid street fund, for the purpose of local road research. These funds, along with federal funds as may be provided, must be used for conducting research as provided by law.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; L 1983 c 17
History: 8 SR 2146

Minn. R. 8820.3200 Local Road Research Board

Subpart 1. Appointment.

The commissioner shall appoint a local road research board consisting of the following members:

A. four county highway engineers, only one of whom may be from a county containing a city of the first class;

B. two city engineers, only one of whom may be from a city of the first class;

C. two Department of Transportation staff engineers, one of whom must be the department's state-aid engineer;

D. one University of Minnesota representative; and

E. one ex officio secretary, who must be the department's research coordination engineer.

Subp. 2. Terms.

Appointments of county highway and city engineers, except for unexpired terms, are for four years. The other members shall serve at the will of the commissioner.

Subp. 3. Operating procedure.

The board shall initially meet on call from the commissioner, at which time they shall elect a chair and establish their own procedure for the selection of research projects to be recommended to the commissioner. Final determination on research projects must be made by the commissioner, and the cost must be paid out of the state-aid research accounts provided for by law.

If the board recommends a project covering research in methods of and materials for the construction and maintenance of both the county state-aid highway system and the municipal state-aid street system, the board shall also recommend to the commissioner the proportionate share of the cost of the project to be borne by the respective county state-aid highway research account and the municipal state-aid street research account, based on the benefits to be realized by each system from such research project.

History

Statutory Authority: MS s 14.389; 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 17 SR 1279; 20 SR 1041; 36 SR 925

Minn. R. 8820.3300 Variance

Subpart 1. Written requests.

A formal request by a political subdivision for a variance from this chapter must:

A. be submitted to the commissioner in writing in the form of a resolution;

B. identify the project by location and termini; and

C. cite the specific part or standard for which the variance is requested and describe the modification proposed.

Subp. 1a. Additional information.

Additional information needed:

A. index map;

B. typical section:

C. reasons for the request;

D. the economic, social, safety, and environmental impacts which may result from the requested variance;

E. effectiveness of the project in eliminating an existing and projected deficiency in the transportation system;

F. effect on adjacent lands;

G. number of persons affected; and

H. safety considerations as they apply to:

Subp. 2.

[Repealed, L 2013 c 127 s 71]

Subp. 3. Decision.

The commissioner shall base the decision on the criteria in part 8820.3400, subpart 3 and shall notify the political subdivision in writing of the decision. The commissioner may require a resolution by the recipient of the variance that indemnifies, saves, and holds harmless the state and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of the variance. The recipient of the variance shall further agree to defend at its sole cost and expense any action or proceeding begun for asserting any claim of whatever character arising as a result of the granting of the variance.

Subp. 4. Contested case hearing.

Any variance objected to in writing or denied by the commissioner is subject to a contested case hearing as required by law.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041; L 2005 1Sp6 s 107; L 2013 c 127 s 71

Minn. R. 8820.3400 Advisory Committee on Variances

Subpart 1. Appointment.

The commissioner may appoint a committee to serve as required to investigate and determine a recommendation for each variance. No elected or appointed official that represents a political subdivision requesting a variance may serve on the committee.

Subp. 2. Membership.

The committee shall consist of any five of the following persons: not more than two county highway engineers, only one of whom may be from a county containing a city of the first class; not more than two city engineers, only one of whom may be from a city of the first class; not more than two county officials, only one of whom may be from a county containing a city of the first class; and not more than two officials of an urban municipality, only one of whom may be from a city of the first class. The committee must have at least two elected officials as members. The committee shall have at least one member but not more than four members from a metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2, as well as cities with a population of over 50,000 according to the most recent census.

Subp. 3. Operating procedure; factors considered.

The committee shall meet on call from the commissioner at which time they must be instructed as to their responsibilities by a designee of the commissioner, shall elect a chairperson, and shall establish their own procedure to investigate the requested variance.

The committee shall consider the:

A. economic, social, safety, and environmental impacts which may result from the requested variance;

B. effectiveness of the project in eliminating an existing and projected deficiency in the transportation system;

C. effect on adjacent lands;

D. number of persons affected;

E. effect on future maintenance;

F. safety considerations as they apply to pedestrians, bicyclists, motoring public, and fire, police, and emergency units; and

G. effect that the rule and standards may have in imposing an undue burden on a political subdivision.

Subp. 4. Recommendation.

The committee after considering all data pertinent to the requested variance shall recommend to the commissioner approval or disapproval of the request.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 15 SR 2596; 20 SR 1041

Minn. R. 8820.3500 Board or Committee Member's Personal Expenses

The commissioner will authorize the payment of necessary personal expenses in connection with meetings of board and committee members, appointed for state-aid purposes. These expenses must be reported on forms furnished by the commissioner and paid from the state-aid administrative fund.

History

Statutory Authority: MS s 161.082; 161.083; 162.02; 162.09; 162.155; L 1983 c 17
History: 8 SR 2146; 17 SR 1279

Minn. R. 8820.4000 Request to Designate Natural Preservation Route

Any person may make a written request to designate a county state-aid highway as a natural preservation route. The request must be directed to the county board having jurisdiction over the route. A county board is not required to propose designation for the entire length of a county state-aid highway. The county board shall act on the request within 60 days. In order to designate a county state-aid highway as a natural preservation route, the commissioner must receive a board resolution from the county having jurisdiction over the road.

The county board shall use the descriptions in part 8820.4010 as a guide for determining which designation type best fits a particular route. All of the descriptors may be used in combination. No single descriptor, including ADT, may be used to eliminate a route type from consideration.

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32

Minn. R. 8820.4010 Natural Preservation Route Characteristics

Subpart 1. Selection criteria generally.

To be considered for designation as a natural preservation route, a route must be on the county state-aid highway system. It may be selected if it possesses particular scenic, environmental, pastoral, or historical characteristics such as, but not exclusively, routes along lakes, rivers, wetlands, or floodplains or through forests or hilly, rocky, or bluff terrain.

Subp. 2. Type I natural preservation route.

A type I natural preservation route is best characterized as one in which the natural surroundings convey a feeling of intimacy with nature. This type of route carries local passenger vehicles with occasional commercial vehicles. This route has very low volumes with leisurely driving speeds and may be used by pleasure drivers. The roadway alignment follows the terrain, which may be hilly or curving around lakes and wetlands, and can be described as lying lightly on the land. There are few reported accidents related to the geometric design of the roadway or accidents can be minimized without realignment. The operating speeds are generally lower than on regular county state-aid highway routes.

Subp. 3. Type II natural preservation route.

A type II natural preservation route creates a feeling similar to the feeling created by a type I natural preservation route, but the surroundings and vistas may be more distant from the roadway. It carries local traffic with moderate amounts of commercial vehicles. This route generally has low volumes but may have seasonal peaks greater than 300 vehicles per day. It has leisurely driving speeds and may be used by some commuters and pleasure drivers. The roadway alignment follows the terrain, which may be hilly or curving around lakes and wetlands. Some modifications may be made to the land surface. There are few reported accidents related to the geometric design of the roadway or accidents can be minimized with mitigation as referred to in part 8820.4060. The operating speeds may be lower than regular county state-aid highway routes.

Subp. 4. Type III natural preservation route.

A type III natural preservation route goes through an environment similar to the types I and II natural preservation routes, but the surroundings and vistas may be more distant from the roadway. It may function as a minor or major collector and may be used by general commercial traffic. It generally has volumes less than 750 vehicles per day but may have seasonal peaks. This type of roadway passes through diverse terrain features and the alignment is consistent with the traffic mix. It may have required some modifications to the land surface. The safety problems that may exist are related to the traffic volumes and to the geometric design of the roadway. The problems can be corrected with mitigation as referred to in part 8820.4060 or with reconstruction. The operating speeds may be lower than a comparable county state-aid highway route that is not on the natural preservation route system.

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32

Minn. R. 8820.4020 Natural Preservation Route Proposals

Subpart 1. County board resolution.

The county board shall submit a formal request to the commissioner in the form of a resolution.

Subp. 2. Required information.

The request must be accompanied by:

A. an index map that identifies the proposed natural preservation route by county state-aid highway number and termini;

B. a narrative describing the history of the route, any controversy surrounding it, the inplace cross section, the particular scenic, environmental, or historical characteristics considered desirable to preserve, and which designation category (type I, II, or III) of natural preservation route being requested;

C. photographs of the route;

D. a listing of parks, rivers, or other designated natural or historical resource areas that the highway corridor passes through or adjoins and that are considered desirable to preserve;

E. a description of any safety hazards existing along the route and a discussion of the accident record over the past five years;

F. a transportation plan that considers alternate routes, or traffic management plan for the area including compatibility with the existing roadway network, as well as the existing and projected ADT;

G. a description of the function of the route including the functional classification, the type of traffic using the route, and a discussion of seasonal variations and trip purposes;

H. a comparison of the current operating speed, the legal speed limit, and the rationale for the selection of the planned design speed;

I. a preliminary description of the planned design if construction or reconstruction is proposed, including a discussion of:

J. preliminary cost estimates of the various alternatives considered;

K. environmental documentation that may have been completed, including public notices and public meetings that have occurred;

L. a description of existing and projected land uses, any zoning in effect, and compatibility with the natural preservation route characteristics; and

M. a description of any provisions to address bicycles, pedestrians, and equestrians.

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32

Minn. R. 8820.4030 [Repealed, 32 SR 608]

[Repealed, 32 SR 608]

Minn. R. 8820.4040 Natural Preservation Route Consideration

Subpart 1. Commissioner approval or denial.

Following receipt of the formal request, the commissioner shall approve or deny the request to designate the roadway as a natural preservation route. The commissioner shall base the decision on the criteria in subpart 2 and shall notify the political subdivision in writing of the decision. If the request is denied, a written explanation will be included with this notification.

Subp. 2. Factors considered.

The commissioner shall consider:

A. the economic, social, safety, and environmental impacts that may result from the designation or denial of the designation;

B. the magnitude of the effects on adjacent lands and the value of the characteristics identified in part 8820.4020, subpart 2;

C. the number of persons, either residents or the traveling public, affected by designation or denial of designation;

D. the present and future use of adjacent lands;

E. safety considerations as they apply to pedestrians; bicyclists; the motoring public; and fire, police, and emergency units; and

F. other related issues as may be pertinent to the roadway that have been identified from information submitted in part 8820.4020, subpart 2.

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32; 32 SR 608

Minn. R. 8820.4050 Natural Preservation Route State Aid

The extent of state aid participation for a construction project must be determined on the same basis as a regular county state-aid highway project, except that landscaping items are eligible for up to two percent of the total construction allocation of the year in which any construction on the natural preservation route is completed. This amount for landscaping is in addition to the amount allowed in part 8820.3100, subpart 10.

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32; 20 SR 1041

Minn. R. 8820.4060 Natural Preservation Route Design Standards

The standards in parts 8820.9981 and 8820.9986 apply to designated natural preservation routes. In the case of reconstruction, the designer shall preserve, to the greatest extent possible, the existing profile, alignment, and cross section. In doing so, the designer shall consider the use of guardrails, retaining walls, and curb sections to protect natural amenities. To the extent practical, the designer shall include in the design landscaping, including native species, curving alignments, variable back slopes, variable ditch bottoms, limited clearing, and other means available to limit the impacts on the environment while still addressing public safety.

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32; 20 SR 1041

Minn. R. 8820.4070 Natural Preservation Route Reconstruction

A county proposing a project that requires removal of the entire surface of a county state-aid highway that is a natural preservation route shall send to owners of property abutting the highway a written notice that describes the project. In addition, the county shall hold a public meeting to discuss design and construction alternatives. Before project approval, the county highway engineer shall provide evidence to the state aid engineer that the concerns raised at the public meeting have been addressed or incorporated into the project. Spot maintenance projects, such as culvert replacements or subgrade corrections, do not require notice.

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32; 20 SR 1041

Minn. R. 8820.4080 Natural Preservation Route Signs

Route markers must be posted at public road entry points to and at regular intervals along natural preservation routes. Signs posted must conform to the Minnesota Manual on Uniform Traffic Control Devices adopted under Minnesota Statutes, section 169.06. Properly posted signs are prima facie evidence that adequate notice of a natural preservation route has been given to the motoring public. Signs must conform to the requirements in part 8820.9990.

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32

Minn. R. 8820.4090 Natural Preservation Route Designation Removal

A county board, after notice and a public hearing, may petition the commissioner by resolution to remove the natural preservation route designation if the board believes the characteristics on which the natural preservation route designation was approved have substantially been lost. The petition for removing the designation must be based on such items as loss of aesthetic qualities, changes in land use, changes in road function, or significant increases in accidents. After receipt of the county board resolution, the commissioner shall approve or deny the petition to remove the natural preservation route designation from the roadway. The commissioner shall base the decision on the criteria in part 8820.4040, subpart 2, notify the political subdivision in writing of the decision and include a written explanation with the notification.

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32; 32 SR 608

Minn. R. 8820.9910 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9911 [Repealed, 15 SR 2596]

[Repealed, 15 SR 2596]

Minn. R. 8820.9912 [Repealed, 15 SR 2596]

[Repealed, 15 SR 2596]

Minn. R. 8820.9913 [Repealed, 15 SR 2596]

[Repealed, 15 SR 2596]

Minn. R. 8820.9914 [Repealed, 15 SR 2596]

[Repealed, 15 SR 2596]

Minn. R. 8820.9915 [Repealed, 15 SR 2596]

[Repealed, 15 SR 2596]

Minn. R. 8820.9916 [Repealed, 15 SR 2596]

[Repealed, 15 SR 2596]

Minn. R. 8820.9917 [Repealed, 15 SR 2596]

[Repealed, 15 SR 2596]

Minn. R. 8820.9918 [Repealed, 15 SR 2596]

[Repealed, 15 SR 2596]

Minn. R. 8820.9919 [Repealed, 15 SR 2596]

[Repealed, 15 SR 2596]

Minn. R. 8820.9920 Minimum Design Standards; Rural and Suburban Undivided; New or Reconstruction Projects

When the road authority has determined that the roadway will be specifically designed to include on-road bicycle facilities, and only if the roadway surface is paved, the appropriate design criteria in the current MnDOT Bikeway Facility Design Manual are recommended for design to accommodate the bicycle facility.

New or reconstruction projects for rural and suburban undivided roadways must meet or exceed the minimum dimensions indicated in the following design chart. Where two dimensions are indicated, the larger values within the ranges are desirable.

Engineering judgment should be used to choose a lane-width, on-road bicycle facility, or shoulder-width dimension other than the widths indicated in the chart for roadways. Factors to consider include safety, speed, population/land use, benefit/cost analysis, traffic mix, peak hourly traffic, farm equipment, environmental impacts, terrain limitations, bicycle traffic, pedestrian traffic, on-street parking, intersection and driveway spacing, rights-of-way constraints, vehicle turn lane configuration, sight distance, sight lines, bus routes, other nonmotorized uses, functional classification, or other factors. Dimensions less than those indicated in the chart require a variance in accordance with parts 8820.3300 and 8820.3400.

For rural divided roadways, use the geometric design standards of the Mn/DOT Road Design Manual, with a minimum ten tons structural design and minimum 40 mph design speed.

(a) Use the existing traffic for highways not on the state-aid system.

(b) The state-aid engineer may approve lane widths of ten feet on roads classified as local or collector if truck and bus volumes are relatively low, rights-of-way are constrained, design speeds are 35 mph or less, and ADT is less than 1,500.

(c) Applies to inslope within the clear zone only. Approach roadway sideslopes in the clear zone must be 1:4 or flatter. Mn/DOT Road Design Manual clear zone may be used.

(d) Culverts with less than 30-inch vertical height allowed without protection in the clear zone. Mn/DOT Road Design Manual clear zone widths may be used in lieu of the values in the table in this part.

Guardrail is required to be installed at all bridges where the design speed exceeds 40 mph, and either the existing ADT exceeds 400 or the bridge clear width is less than the sum of the lane and shoulder widths.

Mailbox supports must be in accordance with chapter 8818.

For roadways in suburban areas as defined in part 8820.0200, the clear zone may be reduced to a width of ten feet for projected ADT under 1,000 and to 20 feet for projected ADT of 1,000 or over. Wherever the legal posted speed limit is 45 mph or less, the clear zone may be reduced to a width of ten feet.

(e) Subject to terrain. In suburban areas, the minimum design speed may be equal to the current legal posted speed where the legal posted speed is 30 mph or greater.

(f) Bridges to remain must have a load rating factor of at least 0.75 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level. A bridge narrower than these widths may remain in place if the bridge is not deficient structurally or hydraulically.

(g) Shoulders are required to be a minimum width of eight feet for highways classified as minor arterials and principal arterials with greater than 1,500 ADT projected, at least two feet of which must be paved.

(h) Except within municipal corporate limits, ten-ton staged structural design must be able to carry ten-ton axle loads except during spring load-restriction periods, or year-round if needed for system continuity. Roadbed width must accommodate ultimate ten-ton pavement overlay thickness and ultimate 1:4 sideslope. Within municipal corporate limits, minimum structural design must support nine-ton axle strength.

HL-93 loading in the AASHTO LRFD (load and resistance factor design) Specifications is required for new or reconstructed bridges. Rehabilitated bridges must have a load rating factor of at least 0.9 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level. The curb-to-curb minimum width for new or reconstructed bridges must be equal to the proposed lane plus shoulder widths, but in no case less than the minimum lane widths plus four feet, and in no case less than required per Minnesota Statutes, section 165.04.

History

Statutory Authority: MS s 14.386; 14.389; 162.02; 162.09; 162.155
History: 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 32 SR 608; 36 SR 925; 37 SR 697; 42 SR 485

Minn. R. 8820.9922 Minimum Design Standards; New Bridge, Bridge Replacement, or Bridge Rehabilitation Projects and Approach Roadways on Rural or Suburban Undivided Roadways That Are Not on the State-Aid System

New bridge, bridge replacement, or bridge rehabilitation projects and approach roadways on rural or suburban undivided roadways that are not on the state-aid system must meet or exceed the minimum dimensions indicated in the following design chart.

Engineering judgment may be used to choose a lane-width or shoulder-width dimension other than the widths indicated in the chart for roadways. Factors to consider may be safety, speed, population, land use, benefit/cost analysis, traffic mix, farm equipment, environmental impacts, terrain limitations, bicycle traffic, pedestrian traffic, other nonmotorized uses, functional classification, or other factors. Widths less than those indicated in the chart require a variance in accordance with parts 8820.3300 and 8820.3400.

(a) For existing ADT greater than 400, part 8820.9920 standards apply.

(b) The state-aid engineer may approve lane widths of ten feet on roads classified as local or collector where truck and bus volumes are relatively low, rights-of-way are constrained, design speeds are 35 miles per hour or less, and ADT is less than 1,500.

(e) Subject to terrain.

(f) Where two dimensions are shown, the larger values within the range are desirable.

(g) For roadways in suburban areas, the clear zone may be reduced to a width of ten feet for projected ADT under 1,000 and to 20 feet for projected ADT of 1,000 or over. Wherever the legal posted speed limit is 45 miles per hour or less, the clear zone may be reduced to a width of ten feet.

Bridges and approach roadways of minimum 20-foot clear width and 20-foot width to the outsides of the shoulders may be constructed where existing ADT is less than 50, potential for increasing ADT is low, and the local government agency finds that the bridge can operate effectively at that width for the expected life of the bridge.

HL-93 loading in the AASHTO LRFD (load and resistance factor design) Specifications is required for new or reconstructed bridges. Rehabilitated bridges must have a load rating factor of at least 0.9 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level. The curb-to-curb minimum width for new or reconstructed bridges must be equal to the proposed lane plus shoulder widths, but in no case less than (1) the minimum lane width plus four feet, and (2) the width required under Minnesota Statutes, section 165.04.

History

Statutory Authority: MS s 14.386; 14.389; 162.02; 162.09; 162.155
History: 29 SR 449; 36 SR 925; 42 SR 485

Minn. R. 8820.9925 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9926 Minimum Design Standards: Rural and Suburban Undivided; Reconditioning Projects

Subpart 1. Minimum reconditioning standards.

Reconditioning projects for rural or suburban undivided roadways must meet or exceed the minimum dimensions indicated in the following design chart. See part 8820.0200, subpart 30, for the description of activities allowed.

Engineering judgment should be used to choose a lane-width, on-road bicycle facility, or shoulder width dimension other than the widths indicated in the chart. Factors to consider include safety, speed, population/land use, benefit/cost analysis, traffic mix, peak hourly traffic, farm equipment, environmental impacts, terrain limitations, bicycle traffic, pedestrian traffic, on-street parking, intersection and driveway spacing, rights-of-way constraints, vehicle turn lane configuration, sight distance, sight lines, bus routes, other nonmotorized uses, functional classification, or other factors. Dimensions less than those indicated in the chart require a variance in accordance with parts 8820.3300 and 8820.3400.

Widths of bridges to remain in place must equal roadway pavement width. Bridges narrower than these widths may remain in place provided that the bridge does not qualify for federal-aid bridge funds. Bridges to remain must have a load rating factor of at least 0.75 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level.

Any highway that was previously built to state-aid or state standards, that was granted a variance to standards in effect at the time of construction or reconstruction, or that is a trunk highway turnback, may be reconditioned.

The proposed structural design strength must accommodate a minimum of seven tons per axle.

Subp. 2.

[Repealed, 23 SR 1455]

History

Statutory Authority: MS s 14.386; 162.02; 162.09; 162.155
History: 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 37 SR 697; 42 SR 485

Minn. R. 8820.9930 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9931 [Repealed, 23 SR 1455]

[Repealed, 23 SR 1455]

Minn. R. 8820.9935 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9936 Minimum Design Standards, Urban; New or Reconstruction Projects

New or reconstruction projects for urban roadways without a designated on-road bicycle facility must meet or exceed the minimum dimensions indicated in the following design chart.

Engineering judgment may be used to choose a lane-width dimension other than the widths indicated in the chart for roadways. Factors to consider include safety, speed, population/land use, benefit/cost analysis, traffic mix, peak hourly traffic, farm equipment, environmental impacts, terrain limitations, bicycle traffic, pedestrian traffic, other nonmotorized uses, functional classification, or other factors. Widths less than those indicated in the chart require a variance in accordance with parts 8820.3300 and 8820.3400.

(a) Twelve feet should be considered in industrial areas. One-way turn lanes must be at least ten feet wide, except 11 feet is required if the design speed is 50 mph or higher.

(b) Ten feet may be considered where truck or bus volumes are relatively low, rights-of-way are constrained, and design speeds are 35 mph or less. Eleven feet minimum is required on four-lane, undivided facilities.

(d) The state-aid engineer may approve a zero-foot curb reaction distance where the cross-section is constrained, appropriate curb types are used, and drainage collection is adequate. The curb must be constructed without a gutter or monolithically with the adjacent traveled way.

(e) The roadway ADT and the vehicle mix must be considered when determining parking lane width. In commercial or industrial areas, the minimum parking lane width is eight feet.

One-way streets must have at least two through-traffic lanes.

When a median is included in the design of the two-way roadway, a one-foot minimum curb reaction distance to the median is required on either side of the median. Minimum median width is four feet.

Urban design roadways must be a minimum nine tons structural axle load design.

Roadways not on the state-aid system are not subject to the minimum structural design strength requirements.

The minimum curb-to-curb width of a new bridge must be the required street width, but in no case less than required per Minnesota Statutes, section 165.04. HL-93 loading in the AASHTO LRFD (load and resistance factor design) Specifications is required for new or reconstructed bridges. Rehabilitated bridges must have a load rating factor of at least 0.9 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level. Where the new bridge approach roadway includes elements for the accommodation of pedestrians or bicycles, the new bridge width must also provide for pedestrians or bicycles unless pedestrians or bicycles are otherwise accommodated.

For ADT less than 150, the widths of bridges to remain must be at least the sum of the lanes. For ADT greater than or equal to 150, the widths of bridges to remain must be at least the sum of the lanes plus half the sum of the shoulders, parking lane, and curb reaction distance. Bridges to remain must have a load rating factor of at least 0.75 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level.

Clearance of 1.5 feet from the face of the curb to fixed objects must be provided when the design speed is 40 to 45 mph. A ten-foot clear zone measured from the driving lane must be provided when the design speed is 50 mph or higher.

Unless four lanes are provided, an engineering traffic study is required for traffic volumes greater than 15,000 projected ADT to determine lane configuration and lane use.

History

Statutory Authority: MS s 14.386; 14.389; 162.02; 162.09; 162.155
History: 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 32 SR 608; 36 SR 925; 37 SR 697; 42 SR 485

Minn. R. 8820.9940 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9941 Minimum Design Standards: on-Road Bicycle Facility for Urban; New or Reconstruction Projects

The bicycle facility design standard in this part applies when the road authority has determined that the roadway will be specifically designed to include an on-road bicycle facility.

New or reconstruction projects for urban roadways must meet or exceed the dimensions indicated in the following design chart.

(SL = shared lane; BL = bicycle lane; WOL = wide outside lane; PS = paved shoulder; SUP = shared use path)

(a) Twelve feet should be considered in industrial areas. Eleven feet minimum is required on four-lane, undivided facilities. One-way turn lanes must be at least ten feet wide, except 11 feet is required if the design speed is 50 mph or over.

(b) A combination of all minimum widths for the driving lane, on-road bicycle lane, and parking lane is only permissible with a variance. Ten feet may be considered where truck and bus volumes are relatively low, rights-of-way are constrained, and design speeds are 35 mph or less.

(c) Curb reaction shall be provided unless on-street parking, a bicycle facility, or a wide outside lane are provided adjacent to the curb.

(e) In determining the parking lane width, the roadway ADT and the vehicle mix shall be taken into consideration. In commercial or industrial areas, the minimum parking lane width is eight feet.

One-way streets must have at least two through-traffic lanes.

When a raised median is included in the design of the two-way roadway, a one-foot minimum curb reaction distance to the median is required on either side of the median. Minimum median width is four feet.

Urban design roadways must accommodate a minimum nine tons structural axle load design.

Roadways not on the state-aid system are not subject to the minimum structural design strength requirements.

The minimum curb-to-curb width of a new bridge must be the required street width, but in no case less than required per Minnesota Statutes, section 165.04. HL-93 loading in the AASHTO LRFD (load and resistance factor design) Specifications is required for new or reconstructed bridges. Rehabilitated bridges must have a load rating factor of at least 0.9 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level. When the new bridge approach roadway includes elements for the accommodation of pedestrians or bicycles, the new bridge width must also provide for pedestrians or bicycles unless pedestrians or bicycles are otherwise accommodated.

For ADT less than 150, the widths of bridges to remain must be at least the sum of the lanes. For ADT greater than or equal to 150, the widths of bridges to remain must be at least the sum of the lanes plus one-half the sum of the shoulders, parking lane, and curb reaction distance. Bridges to remain must have a load rating factor of at least 0.75 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level.

Clearance of 1.5 feet from the face of the curb to fixed objects must be provided when the posted speed is 40 to 45 mph. A ten foot clear zone measured from the driving lane must be provided when the posted speed is 50 mph or over.

Unless four lanes are provided, an engineering traffic study is required for volumes greater than 15,000 projected ADT to determine lane configuration and lane use.

History

Statutory Authority: MS s 14.386; 162.02; 162.155
History: 37 SR 697; 42 SR 485

Minn. R. 8820.9945 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9946 Minimum Design Standards, Urban; Reconditioning Projects

Subpart 1. Two-way streets.

In the following design chart, total width is from face-to-face of curbs.

Reconditioning projects for two-way urban roadways must meet or exceed the minimum dimensions indicated in the chart.

Engineering judgment may be used to choose a lane-width or shoulder-width dimension other than the widths indicated in the chart for roadways. Factors to consider include safety, speed, population/land use, benefit/cost analysis, traffic mix, peak hourly traffic, farm equipment, environmental impacts, terrain limitations, bicycle traffic, pedestrian traffic, other nonmotorized uses, functional classification, or other factors. Widths less than those indicated in the chart require a variance in accordance with parts 8820.3300 and 8820.3400.

(a) Permissible for present traffic volumes less than 15,000 ADT.

(b) When ADT is less than 5,000, seven tons is allowable.

When a median is included in the design of the two-way roadway, a one-foot reaction distance to the median is required on either side of the median. Minimum median width is four feet.

Subp. 2. One-way streets.

In the following design chart, total width is from face-to-face of curbs.

Reconditioning projects for one-way urban roadways must meet or exceed the minimum dimensions indicated in the chart.

Subp. 3. Exception.

Any street that was previously built to state-aid or state standards, or that was granted a variance to standards in effect at the time of construction or reconstruction, or that is a trunk highway turnback, but does not meet current standards, may be reconditioned regardless of subparts 1 and 2.

History

Statutory Authority: MS s 14.386; 14.389; 162.02; 162.09; 162.155
History: 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 36 SR 925; 37 SR 697; 42 SR 485

Minn. R. 8820.9950 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9951 Minimum Design Standards, on-Road Bicycle Facilities for Urban; Reconditioning Projects

The bicycle facility design standard in this part applies when the road authority has determined that the roadway will be specifically designed to include an on-road bicycle facility.

Reconditioning projects for urban roadways must meet or exceed the minimum dimensions indicated in the following design chart.

(SL = shared lane; BL = bicycle lane; WOL = wide outside lane; PS = paved shoulder; SUP = shared use path)

(a) Eleven feet minimum is required on four-lane, undivided facilities. Twelve feet should be considered in industrial areas.

(b) Ten feet may be considered where truck and bus volumes are relatively low, rights-of-way are constrained, and design speeds are 35 mph or less.

(c) A combination of all minimum widths for the driving lane, on-road bicycle lane, and parking lane is only permissible with a variance.

(d) In determining the parking lane width, the roadway ADT and the vehicle mix shall be taken into consideration. In commercial or industrial areas, the minimum parking lane width is eight feet.

(e) When ADT is less than 5,000, seven-ton axle load structural design strength is permissible.

A minimum curb reaction of one foot shall be provided unless on-street parking, a bicycle facility, or a wide outside lane are provided adjacent to the curb. The dimensions for wide outside lanes include the curb reaction distance. When a raised median is included in the design of the two-way roadway, a one-foot minimum curb reaction distance to the median is required on either side of the median. Minimum median width is four feet.

For ADT less than 150, the widths of bridges to remain must be at least the sum of the lanes. For ADT greater than or equal to 150, the widths of bridges to remain must be at least the sum of the lanes plus one-half the sum of the shoulders, parking lane, and curb reaction distance. Bridges to remain must have a load rating factor of at least 0.75 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level.

History

Statutory Authority: MS s 14.386; 162.02; 162.155
History: 37 SR 697; 42 SR 485

Minn. R. 8820.9955 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9956 Minimum Vertical Clearances for Underpasses

Underpass projects must meet or exceed the minimum dimensions indicated in the following design chart.

(a) For replacement of skyway structures, the minimum clearance over traveled way is the existing structure clear height.

(b) Variances to the required minimum may be granted by the commissioner of transportation. That approval eliminates the need for a state-aid variance.

History

Statutory Authority: MS s 162.02; 162.09
History: 20 SR 1041; 23 SR 1455; L 1998 c 403 s 29; 24 SR 1885; 29 SR 449

Minn. R. 8820.9960 MR 1995 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1995 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 8820.9961 Minimum Design Standards for 45-Degree and 60-Degree Pull-in Diagonal Parking

Diagonal parking projects must meet or exceed the minimum dimensions indicated in the following design chart.

Maximum legal speed limit must be 30 mph.

At least two through-traffic lanes must be provided.

Diagonal parking provisions must be established by cooperative agreement between the local road authority and the commissioner.

The cooperative agreement must show the angle of parking and provide for pavement marking of the parking lanes.

Minnesota Statutes, section 169.34, must be adhered to in determining diagonal parking spacing.

Provide a two-foot clearance from the face of the curb to fixed objects. Parking meters, when spaced so as to not interfere with vehicle operation, are exempt.

History

Statutory Authority: MS s 162.02; 162.09
History: 20 SR 1041; 23 SR 1455; 24 SR 1885

Minn. R. 8820.9965 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9970 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9980 MR 1995 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

MR 1995 [Obsolete, MS s 14.47, subd. 6, paragraph (b)]

Minn. R. 8820.9981 Minimum Design Standards: Natural Preservation Routes, Designated National Forest Highways Within National Forests, and State Park Access Roads Within State Parks; New or Reconstruction Projects

Subpart 1. Type I route.

New or reconstruction projects for type I natural preservation routes, designated national forest highways within national forests, and state park access roads within state parks must meet or exceed the minimum dimensions indicated in the following design chart.

Engineering judgment may be used to choose a lane-width or shoulder-width dimension other than the widths indicated in the chart for roadways. Factors to consider include safety, speed, population, land use, benefit-cost analysis, traffic mix, peak hourly traffic, farm equipment, environmental impacts, terrain limitations, bicycle traffic, pedestrian traffic, other nonmotorized uses, functional classification, or other factors. Widths less than those indicated in the chart require a variance under parts 8820.3300 and 8820.3400.

(a) If the route has scenic vistas that will require parking vehicles along the shoulder, widening the shoulder at these locations is acceptable. The designer will provide a four-foot paved shoulder if the route is a popular bicycle route.

(b) Applies to slope within the clear zone only. Other design features, such as guardrails or retaining walls, should be considered in particularly sensitive areas in lieu of reconstructing the inslope in accordance with part 8820.4060.

(c) Guardrail is required to be installed at all bridges where the design speed exceeds 40 mph, and either the existing ADT exceeds 400 or the bridge width is less than the sum of the lane and shoulder widths.

Mailbox supports must be in accordance with chapter 8818.

(d) Bridges to remain must have a load rating factor of at least 0.75 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level. A bridge narrower than these widths may remain in place if the bridge is not deficient structurally or hydraulically.

HL-93 loading in the AASHTO LRFD (load and resistance factor design) Specifications is required for new or reconstructed bridges. Rehabilitated bridges must have a load rating factor of at least 0.9 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level. The curb-to-curb minimum width for new or reconstructed bridges is the sum of the lane and shoulder widths plus four feet.

Ditch depths and widths must be kept to the minimum required to function hydraulically and to provide for adequate snow storage when a standard ditch would negatively impact the surroundings.

The designer shall specify in the plan and special provisions that the clearing width is to be kept to the absolute minimum. In sensitive areas, the normal clearance allowed to a contractor for working room is zero unless otherwise required for special conditions.

Curb and gutter may be used in lieu of a ditch section under the paved option. The lane width, shoulder width, and clear zone must be maintained.

For designated national forest highways within national forests, and state park access roads within state parks, this subpart applies only where the projected ADT is less than 100, unless the route has been designated as a natural preservation route.

For roundabout design, the design criteria of the current edition of the Minnesota State Aid Roundabout Guide are recommended.

Subp. 2. Type II route.

New or reconstruction projects for type II natural preservation routes, designated national forest highways within national forests, and state park access roads within state parks must meet or exceed the minimum dimensions indicated in the following design chart.

Engineering judgment may be used to choose a lane-width or shoulder-width dimension other than the widths indicated in the chart for roadways. Factors to consider include safety, speed, population, land use, benefit-cost analysis, traffic mix, peak hourly traffic, farm equipment, environmental impacts, terrain limitations, bicycle traffic, pedestrian traffic, other nonmotorized uses, functional classification, or other factors. Widths less than those indicated in the chart require a variance under parts 8820.3300 and 8820.3400.

(a) The designer will provide a six-foot paved shoulder if the route is a popular bicycle route. If the route has scenic vistas that will require parking vehicles along the shoulder, widening the shoulder at these locations is acceptable.

(b) Applies to slope within clear zone only. Other design features, such as guardrail or retaining walls, should be considered in particularly sensitive areas in lieu of reconstructing the inslope in accordance with part 8820.4060. Approach sideslopes must be 1:4 or flatter within the clear zone when the ADT exceeds 400.

Mailbox supports must be in accordance with chapter 8818.

(e) A 30 mph design speed may be applied only when the project is located in a suburban area.

HL-93 loading in the AASHTO LRFD (load and resistance factor design) Specifications is required for new or reconstructed bridges. Rehabilitated bridges must have a load rating factor of at least 0.9 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level. The curb-to-curb minimum width for new or reconstructed bridges is the sum of the lane and shoulder widths, but may not be less than 30 feet.

Ditch depths and widths must be kept to the minimum required to function hydraulically, to be traversable if within the clear zone, and to provide for adequate snow storage when a standard ditch would negatively impact the surroundings.

For designated national forest highways within national forests, and state park access roads within state parks, this subpart may be applied only where the projected ADT is less than 300, unless the route has been designated as a natural preservation route.

For roundabout design, the design criteria of the current edition of the Minnesota State Aid Roundabout Guide are recommended.

Subp. 3. Type III route.

New or reconstruction projects for type III natural preservation routes, designated national forest highways within national forests, and state park access roads within state parks must meet or exceed the minimum dimensions indicated in the following design chart.

Engineering judgment may be used to choose a lane-width or shoulder-width dimension other than the widths indicated in the chart for roadways. Factors to consider include safety, speed, population, land use, benefit-cost analysis, traffic mix, peak hourly traffic, farm equipment, environmental impacts, terrain limitations, bicycle traffic, pedestrian traffic, other nonmotorized uses, functional classification, or other factors. Widths less than those indicated in the chart require a variance under parts 8820.3300 and 8820.3400.

(a) The designer will provide a six-foot paved shoulder if the route is a popular bicycle route. If the route has scenic vistas which will require parking vehicles along the shoulder, widening the shoulder at these locations is acceptable.

(b) Applies to slope within the clear zone only. Other design features, such as guardrail or retaining walls, should be considered in particularly sensitive areas in lieu of reconstructing the inslope in accordance with part 8820.4060. Approach sideslopes must be 1:4 or flatter within the clear zone when the ADT exceeds 400.

Mailbox supports must be in accordance with chapter 8818.

(e) A design speed of 30 mph and a clear zone of ten feet may be applied when the project is located in a suburban area.

HL-93 loading in the AASHTO LRFD (load and resistance factor design) Specifications is required for new or reconstructed bridges. Rehabilitated bridges must have a load rating factor of at least 0.9 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level. The curb-to-curb minimum width for new or reconstructed bridges is the sum of the lane and shoulder widths, but may not be less than 32 feet.

For roundabout design, the design criteria of the current edition of the Minnesota State Aid Roundabout Guide are recommended.

History

Statutory Authority: MS s 14.386; 14.389; 162.02; 162.09; 162.155
History: 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 32 SR 608; 36 SR 925; 42 SR 485

Minn. R. 8820.9985 [Repealed, 20 SR 1041]

[Repealed, 20 SR 1041]

Minn. R. 8820.9986 Minimum Design Standards: Natural Preservation Routes, Designated National Forest Highways Within National Forests, and State Park Access Roads Within State Parks; Reconditioning Projects

Reconditioning projects for natural preservation routes, designated national forest highways within national forests, and state park access roads within state parks must meet or exceed the minimum dimensions indicated in the following design chart.

TYPE I, II, OR III ROUTE

Engineering judgment may be used to choose dimensions other than those indicated in the chart for roadways. Factors to consider include safety, speed, population, land use, benefit-cost analysis, traffic mix, peak hourly traffic, farm equipment, environmental impacts, terrain limitations, bicycle traffic, pedestrian traffic, other nonmotorized uses, functional classification, or other factors. Dimensions less than those indicated in the chart under this part require a variance under parts 8820.3300 and 8820.3400.

(a) Natural preservation routes may be reconditioned to existing pavement and shoulder widths.

Widths of bridges to remain in place must equal pavement width. A bridge narrower than these widths may remain in place if the bridge does not qualify for federal-aid bridge funds. Bridges to remain must have a load rating factor of at least 0.75 using the AASHTO Manual for Bridge Evaluation, LRFR (load and resistance factor rating) for inventory level.

History

Statutory Authority: MS s 14.386; 162.02; 162.09; 162.155
History: 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 42 SR 485

Minn. R. 8820.9990 Route Marker

2 ft by 2 ft

Green legend; white reflectorized background

History

Statutory Authority: MS s 162.02; 162.021; 162.09
History: 18 SR 32; 20 SR 1041; 23 SR 1455; 24 SR 1885

Minn. R. 8820.9995 Minimum Off-Road and Shared Use Path Standards

(a) Ten feet is desired for a shared use path. Five feet is required for a one-way shared use path.

(b) For vehicular roadway bridges or underpasses accommodating an off-road bicycle path or shared use path, the total width (minimum surface width plus shoulder/clear zone) is eight feet minimum, with ten feet being desirable. However, whenever practicable, the shoulder/clear zone of an off-road bike or shared use path should be carried across or under a vehicular bridge. When the clear zone of an off-road bike or shared use path cannot practicably be carried across or under the bridge, a lead-in guardrail must be provided, unless the surface width of the approach path is narrowed at a maximum 1:50 taper while providing the minimum travel lane and shoulder/clear zone widths through the structure.

For a separate off-road bicycle path or shared use path, the shoulder/clear zone must be carried across bridge or underpass structures. Minimum structure clear width must be 12 feet. When the surface width plus shoulder/clear zone width of the approaching off-road bike or shared use path is greater than the proposed clear width of the structure, then a lead-in bicycle safety railing is required, unless the surface width of the approach path is narrowed at a maximum 1:50 taper while providing the minimum travel lane and shoulder/clear zone widths through the structure.

(d) Use a 30 mph design speed for grades longer than 500 feet and greater than four percent, from the uphill point where the grade equals four percent to 500 feet beyond the downhill point where the grade becomes less than four percent. The maximum allowable grade is 8.3 percent.

(e) When an off-road bicycle or shared use path continues through a box culvert structure, up to three inches of bituminous surfacing may be used through the structure. The minimum vertical clearance for box culvert structures is nine feet, nine inches, or seven feet, nine inches if passage of emergency or maintenance vehicles is not necessary.

History

Statutory Authority: MS s 14.386; 14.389; 162.02; 162.09; 162.155
History: 20 SR 1041; 23 SR 1455; 24 SR 1885; 29 SR 449; 32 SR 608; 36 SR 925; 42 SR 485

Chapter 8830 RAILROADS

Minn. R. 8830.0100 Definitions; Incorporations by Reference

Subpart 1.

[Repealed, 23 SR 524]

Subp. 1a. Scope.

The terms used in parts 8830.0100 to 8830.9971 have the meanings given them in this part.

Subp. 2.

[Repealed, 23 SR 524]

Subp. 3.

[Repealed, 23 SR 524]

Subp. 4.

[Renumbered subp. 26]

Subp. 5.

[Renumbered subp. 27]

Subp. 6.

[Repealed, 23 SR 524]

Subp. 7.

[Repealed, 23 SR 524]

Subp. 8.

[Renumbered subp. 67]

Subp. 9.

[Renumbered subp. 16a]

Subp. 10. AASHTO.

"AASHTO" means the American Association of State Highway and Transportation Officials.

Subp. 11. AASHTO design manual; incorporation.

"AASHTO design manual" refers to "A Policy on Geometric Design of Highways and Streets," 1990 edition, published by AASHTO, 444 North Capitol Street N.W., Suite 225, Washington, D.C. 20001. This publication and future revisions of this publication are incorporated by reference. This publication is not subject to frequent change and is available to the public through the Minitex interlibrary loan system.

Subp. 12. Abandoned.

"Abandoned" has the meaning given it in Minnesota Statutes, section 222.63, subdivision 1, paragraph (a).

Subp. 13. Acquire.

"Acquire" means to purchase a rail line with state funds provided for the state rail bank program.

Subp. 14. Active warning device.

"Active warning device" means a device with alternating flashing red lights. The device may have additional features, including but not limited to a bell, cantilever arm, or movable gate arm.

Subp. 15. ADT.

"ADT" means average daily traffic.

Subp. 16. AREMA manual; incorporation.

"AREMA manual" means the "Manual for Railway Engineering," which is updated annually and published by the American Railway Engineering and Maintenance of Way Association, 8201 Corporate Drive, Suite 1125, Landover, MD 20785. This manual and future revisions of this manual are incorporated by reference. This manual is available to the public through the Minitex interlibrary loan system.

Subp. 16a. AREMA signal manual; incorporation.

"AREMA signal manual" means the American Railway Engineering and Maintenance of Way Association, "Signal Manual of Recommended Practices," 1990 edition, published by the American Railway Engineering and Maintenance of Way Association, 8201 Corporate Drive, Suite 1125, Landover, MD 20785. This manual and future revisions of this manual are incorporated by reference. This manual is not subject to frequent change and is available to the public through the Minitex interlibrary loan system.

Subp. 17. Borrower.

"Borrower" means any "rail user" as that term is defined in Minnesota Statutes 1978, section 222.56 subdivision 7.

Subp. 18. Capital improvement.

"Capital improvement" means the implementation of projects designed to improve rail service or reduce the economic impact of discontinuing rail service described in Minnesota Statutes, section 222.58, subdivision 2, paragraph (b), clause (2).

Subp. 19. Collateral.

"Collateral" means the security pledged for the loan, which shall include land, buildings, machinery, equipment, furniture, fixtures, accounts receivable, marketable securities, cash surrender value of life insurance, assignment of leases or leasehold interests, and similar kinds of property and property interests.

Subp. 20. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Transportation.

Subp. 21. Demonstration project.

"Demonstration project" means an experimental project to improve rail service that has general application within the state but is not traditionally associated with rail transportation.

Subp. 22. Dispose.

"Dispose" means to convey property to a governmental subdivision of the state for any of the purposes in Minnesota Statutes, section 222.63, subdivision 4, or to sell the property as provided in Minnesota Statutes, section 222.63, subdivision 5.

Subp. 23. Fair market value.

"Fair market value" means the value of property, materials, or labor as determined by the presently accepted value of like property, materials, or labor within the rail industry.

Subp. 24. Farm crossing.

"Farm crossing" means a private crossing used for moving motor vehicles, farm machinery, or livestock in connection with agricultural pursuits, forestry, or other land-productive purposes.

Subp. 25. Federal-Aid Policy Guide; incorporation.

"Federal-Aid Policy Guide" refers to the Federal-Aid Policy Guide or FAPG, 1991 edition, which is updated annually and published by the FHWA, 400 Seventh Street S.W., Washington, D.C. 20590. This publication and future revisions of this publication are incorporated by reference. This publication is not subject to frequent change and is available to the public through the Minitex interlibrary loan system.

Subp. 26. FHWA.

"FHWA" means the Federal Highway Administration, an agency of the USDOT.

Subp. 27. FRA.

"FRA" means the Federal Railroad Administration, an agency of the USDOT.

Subp. 28. Going concern value.

"Going concern value" means the value of the rail line as an operating business entity.

Subp. 29. Grade crossing.

"Grade crossing" means the at-grade intersection of one or more railroad tracks with a public way.

Subp. 30. Grade separation.

"Grade separation" means the use of a bridge, trestle, tunnel, culvert, or other structure to enable one or more railroad tracks and a public way to cross at different elevations.

Subp. 31. Grant.

"Grant" means funds not requiring repayment unless the property purchased or improved with these funds ceases to be used for rail transportation.

Subp. 32. Guarantee.

"Guarantee" has the meaning given it in Minnesota Statutes, section 222.56, subdivision 3a.

Subp. 33. Industrial crossing.

"Industrial crossing" means a private crossing used to provide access between industrial plant facilities or to an industrial or other commercial area.

Subp. 34. In-kind participation.

"In-kind participation" means the fair market value of noncash contributions provided by a party to an agreement, and may include property and charges for labor or materials benefiting and specifically identifiable to a rail rehabilitation project.

Subp. 35. Lender.

"Lender" shall have the meaning given it in Minnesota Statutes, section 222.56, subdivision 4.

Subp. 36. Loan.

"Loan" means funds requiring repayment with or without interest under terms and conditions negotiated in a contract among the rail carrier, rail users, and Mn/DOT. However, for the purposes of parts 8830.6300 to 8830.6700, "loan" has the meaning given it in Minnesota Statutes, section 222.56, subdivision 5.

Subp. 37. Local rail freight assistance program.

"Local rail freight assistance program" means a federal program created under the federal Railroad Revitalization and Regulatory Reform Act of 1976, found at United States Code, title 49, chapter 221, as amended, and implemented pursuant to Code of Federal Regulations, title 49, chapter 18, as amended.

Subp. 38. MMUTCD; incorporation.

"MMUTCD" means the "Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways," published by the Minnesota Department of Transportation, Office of Traffic Engineering, according to Minnesota Statutes, section 169.06, subdivision 1. This manual and future revisions of this manual are incorporated by reference. This manual is not subject to frequent change and is available to the public through the Minitex interlibrary loan system.

Subp. 39. Mn/DOT.

"Mn/DOT" means the Minnesota Department of Transportation.

Subp. 40. Moving vehicle sight triangle.

"Moving vehicle sight triangle" means a triangle that is formed when the three sides of the triangle consist of:

A. the distance from the crossing along the track to the approaching train;

B. the distance from the crossing along the roadway to the approaching vehicle; and

C. the distance between the train and the vehicle.

Subp. 41. Net liquidation value.

"Net liquidation value" has the meaning given it in Code of Federal Regulations, title 49, section 1152.34, paragraph (c)(1)(iii), as amended.

Subp. 41a. Other uses.

"Other uses" means any uses of rail bank property other than those specified in Minnesota Statutes, section 222.63, subdivisions 2 and 2b.

Subp. 42. Preserve.

"Preserve" means to hold rail bank property during the period of time it is not being utilized for the purposes specified in Minnesota Statutes, section 222.63, subdivision 2b.

Subp. 43. Private crossing.

"Private crossing" means the at-grade intersection of one or more railroad tracks with a private roadway.

Subp. 44. Private roadway.

"Private roadway" means a roadway owned by a private or governmental entity that is open for use to only the owners and their invitees.

Subp. 45. Public way.

"Public way" means a route used to go from one place to another that meets the following criteria:

A. it has been improved for transportation use;

B. it is under the jurisdiction of, and maintained by, a governmental entity; and

C. it is open to the traveling public.

Subp. 46. Rail carrier.

"Rail carrier" has the meaning given it in Minnesota Statutes, section 222.56, subdivision 8, and includes railroad companies operating a railroad.

Subp. 47. Rail line.

"Rail line" has the meaning given it in Minnesota Statutes, section 222.48, subdivision 4.

Subp. 48. Rail rehabilitation.

"Rail rehabilitation" means the rebuilding of a rail line or portions thereof and/or the implementation of other allied projects that will improve rail service.

Subp. 49. Rail service.

"Rail service" has the meaning given it in Minnesota Statutes, section 222.48, subdivision 5.

Subp. 50. State rail service improvement account.

"State rail service improvement account" means the special revenue account created in the state treasury by the act.

Subp. 51. Rail service improvement program.

"Rail service improvement program" means the program created in Minnesota Statutes, section 222.50, subdivision 1.

Subp. 52. Rail user.

"Rail user" has the meaning given it in Minnesota Statutes, section 222.48, subdivision 6.

Subp. 53. Rail user and rail carrier loan guarantee program.

"Rail user and rail carrier loan guarantee program" means the program established by Minnesota Statutes, section 222.55.

Subp. 54. Reflectorized.

"Reflectorized" means giving back light to convey the same information by day and night.

Subp. 55. Regional Railroad Authority.

"Regional Railroad Authority" means a governmental entity established pursuant to Minnesota Statutes, chapter 398A.

Subp. 56. Residential crossing.

"Residential crossing" means a private crossing used to provide vehicular access to a private residence or residences for occupants and their invitees.

Subp. 57. Right-of-way.

"Right-of-way" has the meaning given it in Minnesota Statutes, section 222.63, subdivision 1, paragraph (b).

Subp. 58. Road authority.

"Road authority" has the meaning given it in Minnesota Statutes, section 160.02, subdivision 25, as well as any other governmental agency having jurisdiction over roadways.

Subp. 59. Roadway.

"Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder.

Subp. 60. Rural area.

"Rural area" means an area outside the boundaries of urban areas.

Subp. 61. Standard Specification for Structural Supports for Highway Signs, Luminaires and Traffic Signals; incorporation.

"Standard Specification for Structural Supports for Highway Signs, Luminaires and Traffic Signals" is a manual published by AASHTO, 444 North Capitol Street N.W., Suite 225, Washington, D.C. 20001, 1985 edition. This publication and future revisions of this publication are incorporated by reference. This publication is not subject to frequent change and is available to the public through the Minitex interlibrary loan system.

Subp. 62. State rail bank.

"State rail bank" has the meaning given it in Minnesota Statutes, section 222.63, subdivision 1, paragraph (c).

Subp. 63. State rail bank program.

"State rail bank program" means the program established pursuant to Minnesota Statutes, section 222.63.

Subp. 64. Stopped vehicle sight triangle.

"Stopped vehicle sight triangle" means a triangle that is formed when the three sides of the triangle consist of:

A. the distance from the crossing along the track to the approaching train;

B. the distance from the crossing along the roadway to a vehicle stopped for the crossing at a location where the stop bar should be, whether the stop bar is in place or not; and

C. the distance between the train and the vehicle.

Subp. 65. Surface Transportation Board.

"Surface Transportation Board" is an agency of the United States Department of Transportation.

Subp. 66. Urban area.

"Urban area" means an area that meets one or more of the following criteria:

A. it is a city with a population of 5,000 or more;

B. it is within an urbanized area as defined by the Bureau of the Census, an agency of the United States Department of the Interior;

C. it contains a business district as defined by Minnesota Statutes, section 169.011, subdivision 13; or

D. it contains an urban district as defined by Minnesota Statutes, section 169.011, subdivision 90.

Subp. 67. USDOT.

"USDOT" means the United States Department of Transportation.

Subp. 68. USDOT-AAR crossing inventory.

"USDOT-AAR crossing inventory" means the national inventory of all grade crossings and private crossings, which is a database maintained, published, and updated by the Office of Safety of the FRA, 400 Seventh Street S.W., Washington, D.C. 20590.

Subp. 69. Utilize.

"Utilize" means to use banked rail lines for the purposes cited in Minnesota Statutes, section 222.63, subdivision 2b.

History

Statutory Authority: MS s 218.041; 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.61; 222.63
History: 23 SR 524

Minn. R. 8830.0200 Application

Subpart 1. Crossings.

Part 8830.0300 is intended to apply to grade crossings, private crossings, and grade separations.

Subp. 2. Private crossing standards.

Part 8830.0310 is intended to apply safety standards to private crossings in the state.

Subp. 3. Visibility standards.

Part 8830.0320 is intended to apply visibility standards for all grade crossings and private crossings in the state.

Subp. 4. Engineering functions.

Parts 8830.0400 to 8830.3400 are intended to apply to railroad-related engineering functions under the jurisdiction of Mn/DOT and apply only to grade crossings and grade separations, not private crossings.

Subp. 5. Rail rehabilitation.

Parts 8830.5300 to 8830.5700 apply to rail rehabilitation projects implemented under the rail service improvement program.

Subp. 6. Rail bank property.

Parts 8830.5810 to 8830.5860 apply to acquisition, preservation, utilization, and disposition of rail bank property under the state rail bank program.

Subp. 7. Rail loans.

Parts 8830.6300 to 8830.6700 apply to loans guaranteed under the rail user and rail carrier loan guarantee program.

History

Statutory Authority: MS s 218.041; 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0220 No Retroactive Effect; Exception

Subpart 1. Not retroactive.

Parts 8830.0300 to 8830.3400 are not retroactive but are intended to apply to replacements and installations erected on and after September 8, 1998, and to existing installations that are substantially changed, modified, or reconstructed. Installations already lawfully in place before September 8, 1998, are not to be considered in violation of parts 8830.0300 to 8830.3400.

Subp. 2. Changes required by commissioner.

Notwithstanding subpart 1, the commissioner may require changes or improvements at specific locations so as to conform to the requirements of parts 8830.0300 to 8830.3400 as the commissioner considers necessary to protect the safety of the public at grade crossings and private crossings.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0300 Crossing Inventory Number

Grade crossings, grade separations, and private crossings have been identified, and the characteristics of each crossing have been tabulated in the USDOT-AAR Crossing Inventory. References to crossings must include crossing inventory numbers when possible. Information regarding the crossing inventory number can be obtained from the Office of Freight, Railroads, and Waterways, Mn/DOT, Mail Stop 470, 395 John Ireland Boulevard, Saint Paul, Minnesota 55155.

When a new crossing is constructed, the rail carrier shall assign a crossing inventory number to the crossing before the crossing may be opened to traffic. The rail carrier shall complete the USDOT-AAR crossing inventory form for each new crossing or transmit the required information in any other format approved by the FRA.

Maintenance and replacement of the crossing inventory numbers are the responsibilities of the rail carrier.

A rail carrier or road authority making a change at a crossing shall note the change on the USDOT-AAR crossing inventory form at the time the change is made or shall transmit the required information in any other format approved by the FRA. Copies of the crossing inventory form are available from the Office of Freight, Railroads, and Waterways, Mn/DOT, Mail Stop 470, 395 John Ireland Boulevard, Saint Paul, Minnesota 55155.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0310 Private Crossing Standards

Subpart 1. Exclusions.

Private crossings are excluded from the provisions of this part if they are accessible by the public only with the permission of the property owner. Farm crossings that provide access from one farm field to another are excluded.

Subp. 2. Crossing width.

The width of all private crossings must be the same or greater than the widest of the two approaches to the crossing.

Subp. 3. Approach grades and crossing surfaces.

Roadway approach grades to a private crossing and crossing surfaces must be in accordance with the AREA manual.

Subp. 4. Warning signs and devices.

Private crossings consisting of residential crossings, industrial crossings, and farm crossings providing access to a farm field from a public roadway must be signed on each side of the crossing with a 24-inch (600 millimeter) or larger R1-1 stop sign and a rectangular sign, at least 300 square inches (200,000 square millimeters) in size, with the legend "Private Crossing" and the crossbuck symbol installed below the stop sign. If required by part 8830.0320, active warning devices must also be installed at private crossings.

Subp. 5. Maintenance of signs.

The rail carrier shall install, maintain, and replace signs and active warning devices, with all costs being determined by agreement between the rail carrier and private property owner.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0320 Visibility Standards

Subpart 1. Design standards.

The AASHTO design manual must be used to determine the necessary sight triangle for both a moving vehicle and a vehicle stopped at the crossing. A sight triangle must be cleared so that adequate visibility can be obtained. Clearing a sight triangle so that a driver has adequate visibility means that vegetation, trees, and obstacles be removed to the extent that a driver can clearly ascertain the presence of a train. Clearing a sight triangle does not mean that everything within the triangle must be removed.

Subp. 2. Signs and active warning devices in place.

Before a new grade crossing or private crossing is opened for use, the rail carrier, road authority, or property owner shall make certain that the appropriate warning signs and active warning devices are in place and operating properly.

Subp. 3. Visibility standards.

Possible visibility obstructions include, but are not limited to, trees, vegetation, snow, crops, structures, utility poles, parked vehicles, parked rail equipment, signs other than those needed for traffic control, stockpiles of materials, and angle of crossing. Visibility obstructions must be removed according to the following:

A. For a grade crossing or private crossing with active warning devices and gates, the road authority or private crossing owner shall clear visibility obstructions so that all railroad advance warning signs are clearly visible from the roadway and the active warning devices are visible to a driver that is approaching the crossing at a distance from the crossing in which the vehicle can safely be brought to a stop before reaching the crossing. The rail carrier shall not park rail equipment on the portion of the track that would activate the active warning devices.

B. For a grade crossing or private crossing with only active warning devices or stop signs, the road authority or private crossing owner shall clear visibility obstructions as described in item A. The rail carrier and road authority or private crossing owner shall clear their respective rights-of-way within the stopped vehicle sight triangle as determined by the AASHTO design manual for a train traveling at the highest allowable speed at the crossing. The rail carrier shall not park rail equipment on the portion of the track that would activate the active warning devices.

C. For a grade crossing with crossbucks only, the road authority shall clear visibility obstructions as described in item A, and clear remaining right-of-way that is within the moving vehicle sight triangle as determined by the AASHTO design manual for trains and vehicles traveling at their highest allowable speed at the crossing. The rail carrier shall also clear its right-of-way that lies within the determined sight triangle. The sight triangle may contain property other than that belonging to the road authority and the rail carrier. This property must be cleared by the property owner in order to provide an adequate view of oncoming trains.

Subp. 4. Alternatives.

If visibility standards cannot be achieved for a crossing with its existing warning system, a different warning system may be substituted if the visibility standards for the crossing can be met in such a way as to preserve safety. For example, if the visibility standards for a crossing with crossbucks cannot be achieved, adequate visibility may be achieved with an addition of a stop sign, an active warning device, or an active warning device with a gate. Other alternatives include, but are not limited to, lowering the vehicle speed, the train speed, or both; using a flagger; or closing the crossing and redirecting the traffic to another crossing.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0400 Signs

Signs used on public roadways in Minnesota must comply with the MMUTCD. Sign number designations shown in this chapter refer to the MMUTCD. Requests for clarification, interpretation, or modification of the MMUTCD must be addressed to: Commissioner of Transportation, Mn/DOT, 395 John Ireland Boulevard, Saint Paul, Minnesota 55155, and marked for the attention of the Office of Traffic Engineering. Requests that require action at the national level will be forwarded to the FHWA with an appropriate recommendation by the commissioner.

Full scale drawings of the standard signs illustrated in the MMUTCD, including the standards, symbols, and alphabets used on the signs, are available from the Office of Traffic Engineering, Mn/DOT, Mail Stop 725, 395 John Ireland Boulevard, Saint Paul, Minnesota 55155.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0500 Crossbuck Sign

Subpart 1. Design.

The crossbuck sign, numbered R15-1, must be reflectorized white with the words "RAILROAD CROSSING" in black lettering. If there are two or more tracks, including sidings, the number of tracks must be shown on an auxiliary sign, numbered R15-2, of inverted "T" shape, mounted below the crossbuck. Use of the crossbuck and the auxiliary sign, both shown in part 8830.9911, must comply with the MMUTCD and part 8830.9901, subpart 1.

The crossbuck sign must be constructed of four-foot (1.2-meter), 90-degree blades of a material that meets or exceeds the physical properties of metal, and, at nonsignalized grade crossings, must be mounted on a post that meets the breakaway criteria of the Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals manual.

Subp. 1a. Reflectorization.

By January 1, 1997, crossbucks at nonsignalized grade crossings must be double-faced, with both sides having a reflectorized white background with black lettering, to display the message "RAILROAD CROSSING" to both approaches to the grade crossing. A reflectorized strip of at least two inches (50 millimeters) by 48 inches (1,200 millimeters) will be placed on aluminum sheeting or an equivalent material and mounted on the back of the crossbuck posts, one foot (0.3 meter) above the top of the track and in the center of the post.

Crossbucks at signalized grade crossings must be either:

A. single-faced, with one side having a reflectorized white background with black lettering to display the message "RAILROAD CROSSING" to the approach to the grade crossing, and the other side having a reflectorized strip of at least two inches (50 millimeters) by 48 inches (1,200 millimeters) centered on the back of each blade; or

B. double-faced, with both sides having a reflectorized white background with black lettering, to display the message "RAILROAD CROSSING" to both approaches to the grade crossing. After a crossbuck reflectorized with wide-angle, prismatic, retroreflective sheeting or with a material that is equivalent is installed, future replacement of that crossbuck by the rail carrier must be to at least the same level of reflectorization.

Subp. 2. Location, installation, and maintenance.

The crossbuck sign must be furnished, installed, maintained, and paid for by the rail carrier. An additional crossbuck sign must be installed when there is more than one track and the tracks are separated by 100 feet (30 meters) or more, as measured from the center of each track along the center line of the roadway, unless the commissioner determines that it is not physically possible to make such an installation. Crossbuck signs must be located in compliance with the MMUTCD and part 8830.9901, subpart 1.

Subp. 3.

[Repealed, 23 SR 524]

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0600 Advance-Warning Signs

Subpart 1. Where signs are used.

Use of railroad advance-warning signs, numbered W10-1, W10-2, W10-3, and W10-4 and shown in part 8830.9921, must comply with the MMUTCD.

The W10-2, W10-3, and W10-4 signs may be installed on roadways that are parallel to tracks to warn a motorist making a turn that a grade crossing is ahead.

The installation, maintenance, and costs of railroad advance-warning signs are responsibilities of the road authority.

Subp. 2.

[Repealed, 23 SR 524]

Subp. 3. Reflectorization.

By January 1, 1997, all existing railroad advance-warning signs will be replaced with advance-warning signs that are reflectorized with wide-angle, prismatic, retroreflective sheeting or its equivalent.

After a railroad advance-warning sign reflectorized with wide-angle, prismatic, retroreflective sheeting or its equivalent is installed, future replacement of that railroad advance-warning sign by the road authority must be to at least the same level of reflectorization.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0700 Supplementary Advance-Warning Signs

Subpart 1. Where signs are used.

Mn/DOT has adopted supplementary railroad advance-warning signs numbered W10-X1, W10-X2, W10-X3, and W13-1, as described in this part. These signs are intended for use in advance of grade crossings where neither active warning devices nor stop signs have been installed and where conditions indicate the need for additional advance warning supplementing that provided by the W10-1 circular railroad advance-warning sign. The use of these signs must be based on investigation by the road authority or the commissioner of conditions at the grade crossing, such as train and vehicle speeds, sight distractions or obstructions, stopping distances, and similar criteria.

The installation, maintenance, and costs of supplementary railroad advance-warning signs are responsibilities of the road authority.

Subp. 1a. Reflectorization.

By January 1, 1997, all existing supplementary railroad advance-warning signs will be replaced with supplementary advance-warning signs that are reflectorized with wide-angle, prismatic, retroreflective sheeting or with a material that is equivalent.

After a supplementary railroad advance-warning sign reflectorized with wide-angle, prismatic, retroreflective sheeting or with an equivalent material is installed, future replacement of that supplementary railroad advance-warning sign by the road authority must be to at least the same level of reflectorization.

Subp. 2. Preceded by advance-warning sign.

The supplementary advance-warning signs may be used individually or in logical sequence, but must always be preceded on the approach by the W10-1 sign, which is the initial and primary warning sign to be installed at grade crossings.

Subp. 3. Intended functions of signs.

Supplementary advance-warning signs alert motorists as follows:

A. The track-angle sign, numbered W10-X1 and shown in part 8830.9931, subpart 1, shows that the track crosses the roadway at a skew, and alerts the motorist that extra care may be needed to ascertain whether trains are approaching. It must display a track symbol at 45 degrees left or right, depending if it's a left skew or right skew.

B. The blind-crossing sign, numbered W10-X2 and shown in part 8830.9931, subpart 2, warns of sight obstructions at the grade crossing area and calls for added vigilance on the part of the motorist.

C. The look for trains sign, numbered W10-X3 and shown in part 8830.9931, subpart 3, may follow the blind-crossing sign or other advance-warning sign for additional emphasis by providing a reminder that it is the motorist's obligation to ascertain whether or not it is safe to proceed over the grade crossing.

D. Advisory speed plates, numbered W13-1, may be mounted beneath a railroad advance-warning sign to indicate the safe vehicle-approach speed to the grade crossing.

Subp. 4.

[Renumbered subp. 3, item B]

Subp. 5.

[Renumbered subp. 3, item C]

Subp. 6.

[Renumbered subp. 3, item D]

Subp. 7.

[Repealed, 23 SR 524]

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 17 SR 1279; 23 SR 524

Minn. R. 8830.0750 Other Regulatory Signs

Subpart 1. Exempt-crossing signs.

At locations that comply with Minnesota Statutes, section 169.28, subdivision 2, an exempt-crossing sign, numbered R15-3 and shown in part 8830.9941, subpart 1, bearing the word "exempt" may be used below the crossbuck and track signs at the grade crossing, and an exempt-crossing sign, numbered W10-1a and shown in part 8830.9941, subpart 1, may be used below the railroad advance-warning sign. These regulatory signs are to inform drivers of vehicles carrying passengers for hire, school buses carrying children, or vehicles carrying flammable or hazardous materials that a stop is not required at certain designated grade crossings, except when a train, locomotive, or other railroad equipment is approaching or occupying the crossing or the driver's view of the sign is blocked.

Any individual, public agency, or private entity, including a rail carrier, may submit a request to the commissioner for installation of exempt-crossing signs. The use of exempt-crossing signs must be authorized by the commissioner at grade crossings that comply with the standards in Minnesota Statutes, section 169.28, subdivision 2. The road authority shall install an exempt-crossing sign below the railroad advance-warning sign. The rail carrier shall install an exempt-crossing sign below the crossbuck and track signs.

Subp. 2. "Do not stop on tracks" sign.

Use of the "do not stop on tracks" sign, numbered R8-8 and shown in part 8830.9941, subpart 3, must comply with the MMUTCD.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0800 Stop Signs

Subpart 1. Location.

The installation of stop signs, numbered R1-1, at a grade crossing must be authorized by the commissioner in accordance with Minnesota Statutes, section 219.20. The use of stop signs at a grade crossing must comply with the MMUTCD.

Subp. 2. Size.

The standard size of the stop sign used at grade crossings is 36 inches (900 millimeters) by 36 inches (900 millimeters). Where the commissioner determines that greater emphasis or visibility is desired, a larger size is recommended and may be used.

Subp. 3. Installation and maintenance.

A stop sign must be mounted on the crossbuck, in accordance with part 8830.9901, subpart 2. The installation, maintenance, and costs of the stop sign are responsibilities of the rail carrier.

Subp. 4. "Stop ahead" sign.

The road authority shall install a "stop ahead" sign, numbered W3-1a and shown in part 8830.9941, subpart 2, in advance of the stop sign. The installation, maintenance, and costs of the "stop ahead" sign are responsibilities of the road authority.

Subp. 5. Reflectorization.

By January 1, 1997, existing stop signs and "stop ahead" signs at grade crossings will be replaced with stop signs that are reflectorized with wide-angle, prismatic, retroreflective sheeting or with a material that is equivalent.

After a stop sign or "stop ahead" sign reflectorized with wide-angle, prismatic, retroreflective sheeting or its equivalent is installed, future replacement of that stop sign by the rail carrier or "stop ahead" sign by the road authority must be to at least the same level of reflectorization.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.20; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.0900 Pavement Markings

The design and placement of grade crossing pavement markings must comply with the MMUTCD. Installation, maintenance, and costs of pavement markings are the responsibilities of the road authority.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1000 Active Warning Devices; Standards, Use, Alteration, Removal

Subpart 1. When active warning device needed.

Active warning devices are used to advise motorists of the approach or presence of trains. At a grade crossing where the commissioner concludes that active warning devices are needed in addition to that provided by signs, the commissioner shall determine which devices are appropriate for the grade crossing. In determining which devices are appropriate for the grade crossing, the commissioner shall consider the type of roadway, volume of trains and vehicles per day, and visibility standards. These active warning devices must comply with part 8830.9901, subparts 3, 4, and 5, and be approved under part 8830.2125.

Subp. 1a. Standards.

Except when modified and supplemented by parts 8830.1000 to 8830.3400, future modifications, replacements, and installations of active warning devices at grade crossings made after September 8, 1998, must be made in compliance with the applicable parts of both the AREMA signal manual and the MMUTCD.

Subp. 1b. Use of active warning device.

Active warning devices of the type described in this chapter may only be installed at grade crossings as a warning of the approach of trains. These devices may not be used for any other purpose and may only be used upon authorization of the commissioner in accordance with part 8830.2125.

Subp. 2. Alteration of active warning device.

No active warning device including its control circuit may be altered to be substantially different from the plan that was previously approved for the active warning device under part 8830.2125, without prior approval of the commissioner. In no case shall alterations be made that continue the use of control circuits or active warning devices when to do so creates an unsafe or hazardous condition.

Subp. 3.

[Repealed, 23 SR 524]

Subp. 4. Removing active warning device.

If a rail carrier or road authority decides that an in-place active warning device at a grade crossing is no longer needed, it may submit a request to the commissioner for approval to remove the active warning device. The commissioner shall investigate safety conditions at the crossing and determine if removal is appropriate. On determining that an active warning device may be removed based on the exposure of vehicles to trains at the grade crossing, the commissioner shall direct the rail carrier to remove the active warning device.

The treatment of active warning devices at abandoned grade crossings is governed by part 8830.2750.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1100 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.1200 Operation of Active Warning Device; Controls

Subpart 1. Time requirements.

At signalized grade crossings, the active warning devices must operate for at least 20 seconds before a train's arrival at the crossing.

Where the distance from the active warning device to the point where a vehicle will clear the farthest track is more than 35 feet (10.7 meters), the 20-second time requirement must be increased. The distance should be measured parallel to the center line of the roadway. The rate of increase must be one second for each additional ten feet (three meters) of travel to allow slow-moving roadway vehicles to clear the farthest track.

Subp. 2. Design compliance.

Warning device controls, including electric, electronic, and mechanical methods, must comply with the AREMA signal manual, insofar as it applies, and must be so designed that if a part fails, the device will provide the warning normally provided when a train approaches the grade crossing.

Subp. 3. Suspending operation.

If means are provided to suspend operation of an active warning device during intervals when trains make regular operating stops or perform switching operations on approach circuits, the active warning device controls must be designed so that train movements on other tracks included in the warning device system activate the warning device before a train reaches the grade crossing. Automatic control of warning devices, activated by approaching trains on tracks other than the track on which the train has stopped or is performing switching operations, must take precedence over any feature provided to suspend operation.

Subp. 4. Manual control.

If a manual supervisory control of active warning devices is provided in addition to automatic controls:

A. the automatic control, activated by approaching trains on tracks other than that for which manual control has been made effective, must take precedence over the manual control;

B. means must be provided to restore the controls to automatic operation; and

C. means must be provided to prevent manual operation by unauthorized persons.

Subp. 5. Track circuits.

Tracks over grade crossings with active warning devices must be provided with track circuits, unless the commissioner specifically exempts the crossing in question based on train operation characteristics.

Where train speeds on a given track vary by more than 20 miles per hour (30 kilometers per hour) under normal operation and volume of railroad and roadway traffic warrants, special devices or circuits must be installed to provide consistent warning time for train movements. Special control features must be used to eliminate the effects of station stops and switching operations within approach-control circuits. Wraparound or equivalent circuits may be required with stand-alone, motion-sensitive control equipment.

Subp. 6. Indication of power interruption.

A "power off" indicator, or equivalent device or method, must be installed for each active warning device system to show that a transfer from the primary power source to a secondary power source has taken place. This "power off" indicator must be visible from the outside of the control cabinet or visible through some other method so that notice is provided indicating that a transfer in power source has taken place and maintenance is required.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1300 Repealed by subpart

Subpart 1.

[Renumbered 8830.1200, subp. 2]

Subp. 2.

[Renumbered 8830.1200, subp. 3]

Subp. 3.

[Renumbered 8830.1200, subp. 4]

Subp. 4.

[Renumbered 8830.1200, subp. 5]

Subp. 5.

[Repealed, 23 SR 524]

Minn. R. 8830.1400 Flashing Light Units

Subpart 1. Standard.

Flashing light units consist of two horizontally mounted red lights flashing alternately at predetermined levels. Design criteria for flashing light units must comply with the AREMA signal manual.

Subp. 2. Horizontal and vertical installation.

Flashing light units must be mounted in accordance with the MMUTCD. Use of cantilevered flashing light units that are mounted on the arm projecting over the roadway must comply with the MMUTCD.

Subp. 3. Size and design.

Lamp units must be 12 inches (300 millimeters) in diameter, must be hooded to shade them from the sun but not shielded at the sides to impair close-in indication, and must have nonreflecting black backgrounds 20 to 24 inches (500 to 600 millimeters) in diameter. The light units must flash alternately. The number of flashes per minute for an incandescent-type lamp must comply with the MMUTCD. Lamps must be illuminated approximately the same length of time.

Subp. 4. Alignment.

Alignment of flashing light units must be accomplished by the rail carrier in accordance with the recommended practice set forth in Code of Federal Regulations, title 49, section 234.217, paragraph (a), as amended.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1500 Bells

Subpart 1. Use required; exception.

A grade-crossing bell, when installed, is used to provide an audible warning and serves as a supplement to an active warning device. Bells must be used at all grade crossings with active warning devices. Requests for exceptions to this requirement must be submitted to the commissioner by the road authority. The commissioner shall grant an exception only at a grade crossing that is not used by bicyclists or pedestrians.

Subp. 2. Function requirements.

The bell must sound a warning during the time the flashing light units are operating, except it may be silenced when the head end of the train reaches the crossing or when the gate arm has descended to within ten degrees of horizontal when gates are used.

Subp. 3. Standard.

When installing bells, the rail carrier shall comply with the AREMA signal manual.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1525 Automatic Gates

Subpart 1. When automatic gate needed.

An automatic gate, when installed, serves as a supplement to an active warning device and, when indicating the approach of a train, must present toward approaching roadway traffic the aspect of a fully reflectorized red and white-striped arm equipped with red lights either being lowered or at rest in the horizontal position across the lanes used by traffic approaching the grade crossing. See part 8830.9901, subpart 5.

Subp. 2. Use of automatic gate.

When used, crossing gates must extend over the traveled roadway within one foot (0.3 meter) of the roadway's center line or less to block the lanes used by traffic approaching the grade crossing.

Subp. 3. Gate arm standards.

A gate arm must be equipped with at least three red lamps arranged to shine in both directions along the roadway when the gate arm is in a 90-degree position with respect to the roadway. The gate arm, when in the raised position, must not obstruct or interfere with roadway traffic. The gate arm must be striped on both sides with 16-inch (400-millimeter) alternate diagonal reflectorized stripes of red and white. When in the horizontal position, the bottom of the gate arm must not be less than three feet and six inches (1.07 meters) or more than four feet and six inches (1.4 meters) above the crown of the roadway.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1550 Gate Operation and Control

Subpart 1. Functional requirements.

The gate arms must uniformly and smoothly complete movements, and be securely held when in the raised position. Gate-arm lights must operate in conjunction with the active warning device at all times. The light nearest the tip of the arm must burn steadily and two lights must flash alternately in unison with the lights on the active warning device. The gate controls must be so designed that if the arms strike an object while being lowered, they will readily stop, and on removal of the obstruction will assume the proper position. The gate arm must start its downward motion not less than three seconds after the lights on the active warning device start to operate. The commissioner may require a longer time than three seconds if an engineering study based on vehicle operations so concludes. The gate arm must reach the horizontal position before arrival of a train and remain in that position as long as part of the train occupies the grade crossing.

The gate controls must be designed to ensure proper operation during unfavorable weather conditions.

Subp. 2. Operational failure.

If out of order, the gate arm must assume the horizontal position across the roadway. Circuits must be so arranged that a failure of the gate mechanism to operate as intended will not prevent the lights on the gate arm and the active warning device from operating when a train approaches.

Subp. 3. Operating gate arm during malfunction.

Where gates are installed, means must be provided to enable personnel designated by the rail carrier to raise the gates when a malfunction in the control system causes the gates to obstruct traffic under conditions other than the approach and movement of a train over the grade crossing.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1600 Placement of Active Warning Device

Subpart 1. Location of active warning device.

In placing active warning devices, primary consideration must be given to ensuring the proper visibility of the faces of the active warning devices. Active warning devices must be located in compliance with the MMUTCD and in accordance with part 8830.9901, subparts 6 and 7.

Subp. 2. Use and location of additional active warning device.

Additional light units or an additional active warning device may be used if the commissioner after an investigation determines that the use of a single active warning device is inadequate to warn all roadway traffic approaching the grade crossing from one direction. Use and location of additional active warning devices must comply with the MMUTCD.

Subp. 3. Gate arm.

Where local conditions require, such as when the grade crossing is at a skew angle, gate arms may be placed at other than right angles to the roadway.

Subp. 4. Controller cabinets.

At locations where the roadway speed is 40 miles per hour (60 kilometers per hour) or greater, controller cabinets must be located a minimum of 30 feet (nine meters) clear of the edge of the nearest traffic lane unless precluded by physical features such as steep side slopes. At locations where the roadway speed is less than 40 miles per hour (60 kilometers per hour), controller cabinets must be located in compliance with the MMUTCD.

Subp. 5. Active warning device foundation.

Active warning device foundations must be located in compliance with the MMUTCD.

Subp. 6. Active warning device on median.

On medians, active warning device support masts must be located in compliance with the MMUTCD.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1650 Traffic Signal Near Grade Crossing

Subpart 1. Preemption by active warning device control.

When a grade crossing with an active warning device is within or near a roadway intersection controlled by a traffic signal, the control of the traffic signal must be preempted by the control of the active warning device upon the approach of trains to avoid conflicting aspects of the traffic signal and the active warning device. This preemption feature must establish and maintain the preempted condition while the active warning device is operating. The interconnection must be made to the traffic signals within 200 feet (61 meters) of the crossing.

At grade crossings where train movements are regulated or limited to the extent that active warning devices are not required, preemption of the adjacent signalized roadway intersections may still be desirable to permit nonconflicting roadway traffic to proceed during the time the grade crossing is blocked by a train. The responsible road authority shall determine which traffic signals will be preempted.

Subp. 2. Preemption sequence.

When the preemption sequence begins, it must at once bring into effect a traffic signal display that will permit all vehicles to clear the tracks before the train reaches the grade crossing.

When the green light is preempted by train operation, a yellow change interval must be inserted in the traffic signal sequence for safety and consistency. The traffic signal must indicate a green light in order to clear traffic off the tracks and give a red light to stop traffic approaching the tracks. After the traffic clears the tracks, the traffic signal may be operated to permit vehicle movements that do not cross the tracks, but must prohibit movements over the tracks.

When the train clears the grade crossing, the traffic signal must return to its designated phase.

Subp. 2a. Turn restrictions.

At a roadway intersection where the traffic signals are preempted by the approach of a train, the "no turn on red" sign, numbered R10-11a, may be used to prohibit turning movements toward the grade crossing. Use of this sign must comply with the MMUTCD.

Subp. 3. Phasing and timing of traffic signals.

Where feasible, the location and the phasing and timing of traffic signals near grade crossings must be designed so that vehicles are not required to stop on the tracks, even if this increases the waiting time. The exact nature of the display and the location of the traffic signals to accomplish this will depend on the physical relationship of the tracks to the roadway intersection area.

Subp. 4. Traffic signal not substituted for active warning device.

Traffic signals must not be used on mainline grade crossings in place of active warning devices. However, at industrial track crossings and other places where train movements are slow, as in switching operations, traffic signals may be used instead of active warning devices to warn motorists of the approach or presence of a train.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1700 Guard Rail

Subpart 1. Lateral escape route.

Where local road conditions permit, a lateral escape route to the right of the roadway in advance of the active warning device must be kept free of guard rails or other aboveground obstructions such as walls or fences.

Subp. 2. Responsibility for installation, maintenance, and costs.

Installation, maintenance, and costs of guard rails along the roadway are the responsibilities of the road authority. Where guard rails are considered necessary or appropriate by the road authority, rigid non-yielding-type barriers are not to be used for protecting active warning device supports.

In industrial and other areas where roadway traffic travels at 25 miles per hour (40 kilometers per hour) or less and where active warning devices are susceptible to being struck by turning truck traffic, such as in terminal areas, alleys, and warehouse areas, a ring-type guard rail may be installed to provide protection for the active warning device support. Installation, maintenance, and costs of ring-type guard rails are the responsibilities of the rail carrier.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.1800 [Renumbered 8830.1525, subps. 1 and 2]

[Renumbered 8830.1525, subps. 1 and 2]

Minn. R. 8830.1900 [Renumbered 8830.1525, subp. 3]

[Renumbered 8830.1525, subp. 3]

Minn. R. 8830.2000 [Renumbered 8830.1550]

[Renumbered 8830.1550]

Minn. R. 8830.2100 [Renumbered 8830.1650]

[Renumbered 8830.1650]

Minn. R. 8830.2125 Plan Approval for Active Warning Device

Subpart 1. Information required.

Modifications, replacements, and installations of active warning devices at grade crossings must be made in accordance with plans approved by the commissioner.

The following information must be provided by the rail carrier to the commissioner:

A. the grade-crossing inventory number as provided for in part 8830.0300 and the exact location of the grade crossing in terms of rail carrier stationing or distance from the nearest milepost;

B. proper name of the roadway crossing the railroad track, including county, state, or federal highway designations;

C. city where the grade crossing is located or city nearest to the grade crossing;

D. listing of plans, special instructions, data forms, informational reports, and documents sent with the application;

E. reasons for making changes in existing control systems for warning devices;

F. two complete sets of plans;

G. wiring diagram of active warning devices, or if on file, may be referred to;

H. changes of existing active warning device facilities and controls, clearly identified on plans by color code or other suitable means, except that if plans reflect only new work, they need not be colored or otherwise coded;

I. upon request, information necessary to completely analyze the active warning device control system;

J. complete plans with respect to the active warning device control system for the grade crossing involved. When block-signal systems are involved, the block-signal controls incorporated in the active warning device control system must be shown to the extent applicable;

K. electronic equipment adequately defined by numerical or other designation supplied by the manufacturer and the name of the manufacturer, so that complete functional and performance characteristics of the active warning device control system can be accurately determined and evaluated;

L. frequency of audio frequency track circuits and other audio equipment shown on the plans;

M. when electronic control equipment consisting of a self-contained unit arranged for incorporation within the active warning device control system is employed and identified only by a box symbol with identifiable terminals within the control circuit diagram, the name of the manufacturer and adequate information to enable accurate determination of the circuits within the self-contained unit, including:

N. definitions of special symbols or nomenclature used only by the rail carrier and not found in the AREMA signal manual, publications of manufacturers of active warning device equipment, or other generally recognized sources of information in the rail industry;

O. the length of approach track sections, shown on the plans;

P. the length of island track circuits shown on the plans;

Q. the method of calculation employed by the rail carrier in determining the anticipated warning time for a train approaching the grade crossing at average maximum authorized speed, the active warning device system reaction time, the over-speed tolerance, if any, and any other factors considered;

R. ampere hour capacity of battery stated on the plans;

S. supplementary supporting information when necessary to clarify and support special design features of the active warning device controls or active warning devices, which may consist of, but is not limited to:

T. when the control system for roadway intersection traffic signals is to be interconnected with the control system for active warning devices at a grade crossing:

Subp. 2. Standards of review.

The commissioner will review the plans for proper location of active warning devices in accordance with the MMUTCD, provisions to provide the required warning to motorists, and provisions to prevent unnecessary operation or excessive operation of the active warning devices. When approved, the commissioner will return one complete set of plans to the rail carrier.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2150 Operating License

Upon installation or modification of an active warning device system and approval with or without an inspection by the commissioner, an operating license will be issued by the commissioner to the operating rail carrier in accordance with part 8830.9991.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2200 [Renumbered 8830.2425]

[Renumbered 8830.2425]

Minn. R. 8830.2300 [Renumbered 8830.2125]

[Renumbered 8830.2125]

Minn. R. 8830.2400 [Renumbered 8830.2150]

[Renumbered 8830.2150]

Minn. R. 8830.2425 Maintaining, Operating Active Warning Devices

Maintenance and operation of active warning devices at grade crossings are the responsibilities of the operating rail carrier or owner of the tracks, and are to be performed in accordance with the rail carrier's written maintenance, inspection, and testing procedures that are filed and updated with the FRA under Code of Federal Regulations, title 49, sections 234.1 to 234.273, as amended.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2500 Flagger

A flagger is a rail carrier employee other than a train crew member who, as a part of normal duties, could be expected to direct roadway traffic. At a grade crossing where a flagger is temporarily stationed by the rail carrier to direct roadway traffic, or where a flagger is temporarily stationed as provided for in the operating license, shown in part 8830.9991, or at a grade crossing designated by the commissioner as a flagged crossing where all train movements over the grade crossing are to be preceded by a member of the train crew, items A and B apply.

A. While directing traffic, the flagger shall wear garments and be equipped as directed under "appropriately equipped flagger" in Code of Federal Regulations, title 49, section 234.5, as amended.

B. Flaggers shall direct roadway traffic only when there is potential danger at the grade crossing, such as when an active warning device is malfunctioning, a train is approaching the grade crossing, or the grade crossing is occupied by railroad equipment. When a flagger is needed due to the malfunction of an active warning device, the flagger's activities and responsibilities must be as directed under Code of Federal Regulations, title 49, sections 234.105 and 234.107, as amended.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 17 SR 1279; 23 SR 524

Minn. R. 8830.2600 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.2650 Maintaining Grade Crossing Surface

The responsibility for maintaining grade crossing surfaces is governed by Minnesota Statutes, section 219.071.

A rail carrier shall not close a roadway for 15 minutes or longer to perform maintenance at a grade crossing without giving advance notice to the road authority so that the road authority can notify the public of the closure and, where possible, identify alternate routes.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2700 Establishing, Relocating, Changing Grade Crossing

Subpart 1. When approval required.

New grade crossings and relocations of existing grade crossings must be approved by the commissioner. Changes to existing grade crossings, as described in subpart 6, do not require approval.

Subp. 2. Design standards.

New grade crossings and relocated grade crossings must meet the design standards of the AASHTO design manual and comply with the MMUTCD.

Subp. 3. When agreement reached, application required.

When the road authority and the rail carrier agree upon the establishment of a new grade crossing or the relocation of an existing grade crossing, an application must be filed with the commissioner containing the information in subpart 5. Applications for new roadways and relocations of existing roadways across existing railroad tracks must be made by the road authority that will have jurisdiction over the roadway. Applications for new railroad tracks and relocations of existing railroad tracks across existing roadways must be made by the owner of the track or the operating rail carrier, or in the case of a spur track, jointly by the operating rail carrier and the owner of the spur track.

The commissioner may accept, reject, or modify the provisions of the application based on criteria in subpart 5 and part 8830.2710.

Subp. 4. When agreement not reached, petition required.

When the road authority and the rail carrier cannot agree upon the establishment of a new grade crossing, either party may file a petition with the commissioner, submitting the matter to the commissioner for determination under Minnesota Statutes, section 219.072. The petition must be accompanied by an application for the new grade crossing, containing the information required in subpart 5.

When the road authority and the rail carrier cannot agree upon the relocation of a grade crossing, either party may file a petition with the commissioner for determination under Minnesota Statutes, section 219.074, subdivision 1. The petition must be accompanied by an application for the relocated grade crossing, containing the information in subpart 5.

Subp. 5. Application content requirements.

Applications must be accompanied by relevant documents, data, and material that demonstrate the need for the grade crossing, how safety concerns are addressed, and how the grade crossing affects the public interest. The filing must contain, at a minimum, the following information:

A. the name of the rail carrier or owner of the track;

B. the name of the road authority;

C. maps showing:

D. plans showing:

E. the proposed schedule of construction;

F. details of construction;

G. proposed use by applicant;

H. existing and projected traffic volumes and speeds, and train frequency, types of trains, whether passenger, freight, or switching, and speeds;

I. suggested signs or active warning devices; and

J. a list of considered alternatives to the proposed grade crossing.

Subp. 6. Changes to existing grade crossing.

Repair and maintenance of existing grade crossings and modifications of existing grade crossings that (1) are agreed to by the road authority and the rail carrier, (2) do not change the profile or alignment of the roadway or the railroad tracks, and (3) do not require the construction of additional roadway lanes, do not require approval by the commissioner.

A pavement overlay or track raise, if agreed to by the road authority and the rail carrier, is not considered a profile change and does not require approval by the commissioner.

Subp. 7. Changes to active warning device.

Notwithstanding subpart 6, modifications of active warning devices must be approved under part 8830.2125.

History

Statutory Authority: MS s 218.071; 219.072; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2710 Establishing, Relocating Grade Crossing; Criteria

Subpart 1. Candidate for establishment or relocation.

A proposed new grade crossing or proposed relocation of an existing grade crossing must meet at least one of the criteria in items A to E to be considered for establishment or relocation.

A. It will provide access to two or more private properties or to public lands, that have no alternate access route.

B. It will provide access where an alternate grade crossing or grade separation is not available within one-quarter mile (0.4 kilometer) in an urban area or one mile (1.6 kilometers) in a rural area and will have an ADT of:

C. It will consolidate two or more existing grade crossings.

D. It is required by the construction of a new rail line.

E. It will increase public safety by eliminating another safety problem area such as an accident-prone roadway intersection.

Subp. 2. Alternatives analysis.

A road authority or rail carrier that proposes a new grade crossing or the relocation of an existing grade crossing must perform an analysis of alternatives to the proposed new or relocated grade crossing.

Subp. 3. Considerations.

The commissioner shall consider the following factors in determining whether a grade crossing may be established or relocated:

A. use of the grade crossing by emergency vehicles;

B. use of the grade crossing by vehicles carrying hazardous materials, vehicles carrying passengers for hire, and school buses;

C. conformity of sight distances with the AASHTO design manual;

D. alignments of the roadway and the railroad track, and the angle of intersection of those alignments;

E. profile of the intersection of the roadway and the railroad track, and of the approaches to the intersection;

F. distance and travel time to an alternate crossing;

G. distance from the grade crossing to adjacent intersections or driveways;

H. volume of vehicular traffic and operating speed;

I. volume of train traffic and operating speed;

J. use of the grade crossing by pedestrians, bicyclists, and recreational users;

K. type of warning devices proposed;

L. other factors that might adversely affect the safety of roadway users, pedestrians, bicyclists, and recreational users;

M. costs and benefits of constructing the grade crossing, and the cost participation that would be required of each of the parties involved, as well as the availability of funds; and

N. public opinion regarding establishment or relocation of the grade crossing.

Subp. 4. Responsibility for costs.

The cost of constructing a new grade crossing or relocating an existing grade crossing is the responsibility of the road authority, unless the construction or relocation is the result of an action initiated by the rail carrier. If the new or relocated grade crossing consolidates two or more existing grade crossings, the cost of constructing or relocating the grade crossing must be divided between the road authority and the rail carrier in the same proportion as the accrued benefits and savings.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2720 Vacating Grade Crossing

Subpart 1. Candidate for vacation.

A grade crossing is a candidate for vacation under either item A or B.

A. A grade crossing may be vacated if there has been either an accident involving a fatality or two property damage or personal injury accidents within the last five years.

B. A grade crossing may be vacated if:

Subp. 2. Considerations.

The commissioner shall consider the following factors in determining which grade crossings to be vacated:

A. previous use of the grade crossing by emergency vehicles;

B. accident history for the last five years;

C. use of the grade crossing by vehicles carrying hazardous materials, vehicles carrying passengers for hire, and school buses;

D. sight distances that do not conform with the AASHTO design manual;

E. alignments of the roadway and the railroad track, and the angle of intersection of those alignments;

F. profile of the intersection of the roadway and the railroad track, and of the approaches to the intersection;

G. distance and travel time to an alternate crossing;

H. distance from the grade crossing to adjacent intersections or driveways;

I. volume of vehicular traffic and operating speed;

J. volume of train traffic and operating speed;

K. use of the grade crossing by pedestrians, bicyclists, and recreational users;

L. other factors that might adversely affect the safety of roadway users, pedestrians, bicyclists, and recreational users; and

M. costs and benefits of vacating the grade crossing.

Subp. 3. Crossing vacation program; priority.

In identifying grade crossings proposed to be vacated under the crossing vacation program established by Minnesota Statutes, section 219.074, subdivision 2, the commissioner shall first evaluate rail lines carrying the highest number of trains and having the highest train speeds.

The commissioner may remove grade crossings proposed for vacation due solely to alignment, sight distance, or other deficiencies from the list if the road authority, at its own expense, corrects the identified deficiencies.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2730 Consolidating Grade Crossing

Consolidation of grade crossings occurs when one or more grade crossings are vacated, with the traffic directed to nearby crossings. Standards for vacation are contained in part 8830.2720.

Grade crossings are also consolidated by changing roadway alignments so that two or more roadway alignments with grade crossings are combined into one roadway alignment with one crossing. If the change in alignments results in a new grade crossing, it must meet the criteria in part 8830.2710 and be authorized as provided for in part 8830.2700.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2740 Grade Separation at Crossing

Subpart 1. Candidate for grade separation.

A grade crossing must meet at least one of the criteria in items A to C to be a candidate for grade separation.

A. The train speeds at the crossing are 40 miles per hour (60 kilometers per hour) or greater, the roadway carries four or more lanes of traffic, and either:

B. There are active warning devices, and there has been a vehicle-train accident at the grade crossing involving a fatality or two property damage or personal injury accidents within the last five years.

C. An increase in public safety would result from construction of the grade separation by eliminating another safety problem area such as an accident-prone roadway intersection.

Subp. 2. Considerations.

The commissioner shall determine whether a grade separation will be constructed, and, if so, the appropriate location for the grade separation. The commissioner shall consider the following factors related to the crossing in making this determination:

A. previous use of the crossing by emergency vehicles;

B. accident history for the last five years;

C. use of the crossing by vehicles carrying hazardous materials, vehicles carrying passengers for hire, and school buses;

D. volume of vehicular traffic and operating speed;

E. volume of train traffic and operating speed;

F. number of tracks;

G. vertical and horizontal alignments, and the need for and availability of additional right-of-way;

H. other grade crossings in the area;

I. other factors that might adversely affect the safety of roadway users, pedestrians, bicyclists, and recreational users;

J. costs and benefits of constructing a grade separation and the cost participation that would be required of each of the parties involved, as well as the availability of funds; and

K. public opinion regarding construction of the grade separation.

Subp. 3. Approval of structure plans.

Plans for structures that provide grade separations must be approved by the commissioner under part 8830.2800.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2750 Abandoned Crossing

Subpart 1. Removing signs and markings.

Where railroad tracks have been abandoned, the related signs and pavement markings must be removed. Removal of the crossbuck sign and signs attached to it is the responsibility of the rail carrier. Removal of advance-warning signs and pavement markings is the responsibility of the road authority.

Subp. 2. Active warning device and gate.

When tracks are not in service, in-place gate arms must be removed. In-place active warning device heads must be hooded, turned, or removed to clearly show that they are not in operation. These are the responsibilities of the rail carrier.

Subp. 3. Use of "tracks out of service" sign.

When a railroad track has been abandoned, and a future need for the track has been identified by the owner of the track, a "tracks out of service" sign, numbered R8-9 and shown in part 8830.9941, subpart 4, must be installed in compliance with the MMUTCD. Use of the "tracks out of service" sign must be authorized by the commissioner. Any individual, public agency, or private entity may submit a request to the commissioner for installing a "tracks out of service" sign. The commissioner will authorize the use of the "tracks out of service" sign upon verification that the tracks are actually out of service. Upon authorization, the commissioner shall order a "tracks out of service" sign to be installed. Installation, maintenance, and costs of this sign are the responsibilities of the road authority.

Subp. 4. Removing track.

When a track has been abandoned for 180 days or more and no future need for the track has been identified by the owner of the track, the owner of the track shall remove the track structure and related materials at the abandoned grade crossing when required to do so by the road authority. The owner of the track shall then restore the roadway to conform with the roadway sections approaching the abandoned grade crossing, unless otherwise mutually agreed to by the owner of the track and the road authority.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2760 Trail and Bicycle Path Grade Crossing

Subpart 1. Application.

This part applies to trail and bicycle path grade crossings located on property owned by a road authority and located adjacent to a roadway within the roadway right-of-way.

Subp. 2. Design.

When a trail or bicycle path must cross railroad tracks, the grade crossing must be designed to enhance the safety of the trail or bicycle path user. When possible, the grade crossing must not be located on trail or bicycle path curves or track curves, and the trail or bicycle path must cross the tracks at a right angle. When it is not possible for the trail or bicycle path to cross the tracks at a right angle, the trail or bicycle path must be widened to allow the trail or bicycle path user to cross the tracks at as close to a right angle as possible.

Subp. 3. Active warning device, sign, and pavement marking.

Active warning devices, signs, and pavement markings used at grade crossings on trails and bicycle paths must comply with the MMUTCD standards for bicycle facilities. Stop signs must be installed at grade crossings on trails and bicycle paths. Pavement markings must be used in advance of grade crossings on paved bicycle paths and, to the extent practicable, on trails.

Installation, maintenance, and costs of signs and pavement markings used at grade crossings on trails and bicycle paths are the responsibilities of the governmental entity having jurisdiction over the trail or bicycle path.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.2800 [Renumbered 8910.1000]

[Renumbered 8910.1000]

Minn. R. 8830.2900 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.3000 Structure and Track Clearances; Variances

Legal clearances adjacent to, over, and between railroad tracks and clearance exceptions and variances are defined in Minnesota Statutes, sections 219.45 to 219.53, and are depicted in part 8830.9951.

The commissioner may approve permanent clearance variances in accordance with Minnesota Statutes, section 219.47, subdivision 1.

The commissioner may grant temporary clearance variances under Minnesota Statutes, section 219.47, subdivision 2, for encroachments during construction. An application for a temporary variance may be submitted to the commissioner by either the rail carrier or the road authority.

History

Statutory Authority: MS s 218.041; 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 17 SR 1279; 23 SR 524

Minn. R. 8830.3100 Rail Carrier Accident Report

Subpart 1. Report.

A rail carrier shall provide the commissioner a report of accidents, in accordance with Minnesota Statutes, section 218.031, subdivision 2, paragraph (4). "Accidents" has the meaning given in Code of Federal Regulations, title 49, section 225.5, as amended.

Subp. 2. Copy sent to commissioner.

Except for items A and B, rail carriers shall provide the commissioner with copies of accident reports in the form, style, and schedule required by the FRA in Code of Federal Regulations, title 49, part 225, as amended.

A. Train or train service accidents, regardless of extent of damage, that occur at a grade crossing must be reported within ten days of the accident, in the form and style required by the FRA.

B. Grade crossing accidents that involve a fatality must be reported within 24 hours of the accident. The notification must include location, time, and type of accident.

Subp. 3.

[Repealed, 23 SR 524]

History

Statutory Authority: MS s 218.041; 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.3150 Grade Crossing System Failure, Report

Rail carriers shall provide the commissioner with copies of reports listing instances of grade crossing active warning device system failures in the form, style, and schedule required by the FRA in Code of Federal Regulations, title 49, part 234, as amended.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.3200 Track Safety Standards

The track safety standards, found in Code of Federal Regulations, title 49, part 213, as amended, apply to all railroad trackage and are the standards for determination of unsafe trackage.

History

Statutory Authority: MS s 218.041; 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.3300 Billing

The Federal-Aid Policy Guide is the basis for rail carriers billing their allocated or agreed-upon shares of their work against a public authority in connection with a project under the jurisdiction of Mn/DOT.

History

Statutory Authority: MS s 218.041; 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.3400 Accounting Classifications; Reports

Subpart 1. Classification.

For the purpose of accounting, the commissioner adopts the Surface Transportation Board classifications, including future amendments that may be made by the Surface Transportation Board.

Subp. 2. Uniform system of accounts.

For projects under the jurisdiction of Mn/DOT, each rail carrier shall maintain its accounts in accordance with the uniform system of accounts prescribed by the Surface Transportation Board in "Uniform Accounting System," United States Code, title 49, section 11142, as amended, or as otherwise approved by the Surface Transportation Board.

Subp. 3. Reports.

A rail carrier shall submit the following reports to the commissioner:

A. by June 30 of the year following the year on which the report is based, a copy of the annual report form submitted to the Surface Transportation Board;

B. a copy of the annual report to stockholders; and

C. such other information as the Surface Transportation Board may request to evaluate rail carrier operations in the state, such as annual carloadings, annual revenues, and annual costs. The commissioner shall provide written notification to any rail carrier required to provide this information. The notice must state the information required, the format for reporting the information, and the time period for which the information is to be provided. The commissioner shall provide a reasonable period before the information is due.

Subp. 4. Confidential data.

For purposes of this part, information is considered confidential when the information collected contains data that is required to be kept confidential by United States Code, title 49, section 11910, as amended.

History

Statutory Authority: MS s 218.041; 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.3500 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.3600 [Renumbered 8910.2000]

[Renumbered 8910.2000]

Minn. R. 8830.3700 [Renumbered 8910.2100]

[Renumbered 8910.2100]

Minn. R. 8830.3800 [Renumbered 8910.3000]

[Renumbered 8910.3000]

Minn. R. 8830.3900 [Renumbered 8910.3100]

[Renumbered 8910.3100]

Minn. R. 8830.5100 Repealed by subpart

Subpart 1.

[Repealed, 23 SR 524]

Subp. 2.

[Repealed, 23 SR 524]

Subp. 3.

[Repealed, 23 SR 524]

Subp. 4.

[Repealed, 23 SR 524]

Subp. 5.

[Renumbered 8830.0100, subp. 19]

Subp. 6.

[Renumbered 8830.0100, subp. 20]

Subp. 7.

[Renumbered 8830.0100, subp. 21]

Subp. 8.

[Repealed, 23 SR 524]

Subp. 9.

[Repealed, 23 SR 524]

Subp. 10.

[Repealed, 23 SR 524]

Subp. 11.

[Repealed, 23 SR 524]

Subp. 12.

[Repealed, 23 SR 524]

Subp. 13.

[Repealed, 23 SR 524]

Subp. 14.

[Repealed, 23 SR 524]

Subp. 15.

[Renumbered 8830.0100, subp. 48]

Subp. 16.

[Repealed, 23 SR 524]

Subp. 17.

[Renumbered 8830.0100, subp. 50]

Subp. 18.

[Repealed, 23 SR 524]

Minn. R. 8830.5200 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.5300 Rail Rehabilitation Project

Subpart 1. Eligibility.

A rail line, or portions of it, is eligible for rehabilitation funding if:

A. it does not comply with FRA Class II Track Safety Standards adopted in part 8830.3200, or it does not have the required structural capacity to support rail cars of 263,000 pounds (119.3 metric tons) gross weight;

B. it is within the physical boundaries of or predominantly serves rail users in Minnesota; and

C. a contract has been negotiated that meets the requirements of parts 8830.5300 to 8830.5700, and Minnesota Statutes, section 222.50, and, when federal funds are used, the local rail freight assistance program.

Subp. 2. Priority criteria.

The following criteria govern the priority of projects proposed for funding:

A. the availability of state or federal program funds;

B. the probability of the rail line continuing in profitable service after the project is completed;

C. the costs of the project compared to the benefits resulting from the project;

D. the level of commitment of a rail carrier and rail users to participate financially in the project;

E. the significance of the line in relationship to the entire state rail system; and

F. the impact on state, county, and city access roadways if the funding is not provided.

Subp. 3. Standards.

Rail line rehabilitation must be performed to the extent that it allows the use of rail cars having a gross weight of 263,000 pounds (119.3 metric tons) and that it allows trains to operate safely at a minimum of FRA Class I Track Safety Standards adopted in part 8830.3200. The commissioner shall approve rehabilitation to an alternate standard only if it meets or exceeds the standards cited in this subpart and will provide the required level of service. The rail line must be maintained to the maintenance and safety levels set forth in the rehabilitation contract.

Subp. 4. Project funding.

Funding for rail rehabilitation projects must be computed under item A or B.

A. For rail rehabilitation on a rail line not owned by a regional railroad authority, the division of costs must comply with the following formula:

B. If a rehabilitation project is on a rail line owned by a Regional Railroad Authority, the division of costs must comply with the following formula:

C. Participation in a contract by a party may include in-kind participation if agreed to by all parties to the contract. A detailed description and fair market value of all in-kind participation must be clearly defined in the contract.

Subp. 5. Repayment requirements.

The rail carrier shall reimburse the rail users for funds loaned to it under a formula based on usage of the line, or a predetermined fixed amount. Repayment must be made on terms negotiated between the rail carrier and the rail user and approved by the commissioner.

The rail carrier shall repay the funds loaned to it by the commissioner in accordance with terms negotiated between the rail carrier and the commissioner. Payments must be made on a set schedule and be sufficient to repay the loan within 15 years from the execution of the contract.

The rehabilitation contract must provide for an extension of time if service is stopped or reduced by events beyond the control of the parties to the contract, unless the cessation or reduction is the result of diminished demand for service.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5400 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.5450 Financial Assistance for Regional Authority

Subpart 1. Eligibility.

A Regional Railroad Authority is eligible for financial assistance in purchasing a rail line if it meets all of the conditions listed in items A to E.

A. The Regional Railroad Authority is in compliance with the purpose set forth in Minnesota Statutes, section 398.02.

B. Financial analysis shows that the line can operate at a profit.

C. The costs of purchase and necessary rehabilitation will not exceed benefits.

D. The Regional Railroad Authority has the capability of operating the rail line or contracts with an operator acceptable to the commissioner.

E. So long as the purchase assistance loan remains unpaid, the Regional Railroad Authority:

Subp. 2. Financial assistance.

Financial assistance is available to a Regional Railroad Authority for purchasing a rail line under the following conditions.

A. If the line has not been abandoned and is to be used for continued rail service, the commissioner may provide funding for up to 50 percent of the going concern value or the net liquidation value of the line, whichever is less.

B. If the line has been abandoned and is to be used for continued rail service, the commissioner may provide funding for up to 50 percent of the net liquidation value of the line.

C. If the line is abandoned and is to be used for transportation purposes other than rail service, the commissioner may provide funding for up to 50 percent of the value of the underlying property. The value of the property will be determined through negotiation between the Regional Railroad Authority, rail carrier, and commissioner.

D. The percentages shown in items A to C indicate maximum participation by the commissioner. The actual amount of financial assistance will be determined by the availability of funds, the viability of the proposed use, and the participation of the Regional Railroad Authority.

Subp. 3. Repayment requirements.

The Regional Railroad Authority is not required to repay the funds loaned to it by the commissioner while the rail line remains in operation and is not sold. If operations on the line cease for one year or if the Regional Railroad Authority sells, trades, conveys, transfers, or assigns any portion of its interest in the property, the Regional Railroad Authority shall repay the funds loaned to it by the commissioner in accordance with terms negotiated between the Regional Railroad Authority and the commissioner.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5500 Capital Improvement Project

Subpart 1. Eligibility; funding.

The commissioner shall provide funding to rail users from the rail service improvement account for up to 100 percent of the cost of a rail transportation-related capital improvement project under the following conditions:

A. state funds are available;

B. the capital improvement project will benefit the economy of the state and strengthen the financial condition of the associated rail line;

C. the state's interests are protected by sufficient collateral or guarantees; and

D. the commissioner is repaid for funds loaned at a predetermined, fixed amount payable quarterly over a period of not more than ten years.

Subp. 1a. Priority criteria.

The following criteria govern the priority of capital improvement projects proposed for funding:

A. Highest priority will be given to projects where:

B. Other projects will be given priority in the following order:

Subp. 2. Demonstration project.

The commissioner shall provide interest-free funding from the rail service improvement account of up to 100 percent of the total cost of a capital improvement project if the capital improvement is a demonstration project and the following conditions are met:

A. state funds are available;

B. the project demonstrates unique methods of improving rail service or alleviating the impact of abandonments that are not in common usage throughout the rail industry and the project has not been previously funded under parts 8830.5300 to 8830.5500;

C. it is likely that a similar project can be instituted in other locations without the need for public financing; and

D. the benefits resulting from the project exceed the costs of implementing the project. The amount of funding assistance will be determined by the availability of funds and the viability of the proposed project.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5600 Information Requirements

Subpart 1. Providing information.

As long as the commissioner has a financial interest in the property of the rail carrier, the rail carrier and rail users shall provide such information as is reasonably necessary for the commissioner to properly evaluate and adequately administer a project under parts 8830.5300 to 8830.5500. This information must include financial data, commodity data, cost data of the project, operations information, information on annual maintenance activities and expenditures, and similar types of data and information.

Subp. 2.

[Renumbered 8830.5650, subpart 1]

Subp. 3.

[Renumbered 8830.5650, subp. 3]

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5650 Contracts

Subpart 1. Contracts; information.

Executed contracts must be the documents used to commit funds and implement projects. Contracts must include:

A. the description and location of the project;

B. the appropriate plans, standards, specifications, estimated costs, work schedule, and completion date;

C. the level of service the rail carrier will provide on the rail line during the contract period, pursuant to United States Code, title 49, section 11121, as amended;

D. the level of rail line maintenance that will be performed during the period of the contract;

E. provisions for auditing by the commissioner;

F. the requirement to comply with all applicable federal regulations when federal funding is involved in the project;

G. the duration of the contract;

H. provisions for maintenance and availability of records and audits;

I. payment and repayment schedules when appropriate;

J. the amount of funds and any in-kind participation by each party;

K. the method of administering the contract;

L. a provision for appropriate recapture of state and federal funds; and

M. the appropriate remedial action to be taken or penalties to be imposed, or both, for failure to comply with the terms of the contract.

Subp. 2. Bidding process.

The bidding process for contracts for rail rehabilitation projects must comply with "Procurements," Code of Federal Regulations, title 49, section 18.36, as amended. This condition may be waived if the owner of the rail line that is to be the subject of a rehabilitation contract has an established labor agreement with an industry-wide rail labor union that specifically prohibits the use of outside contractors.

Subp. 3. Contracts; exceptions.

Exceptions to parts 8830.5300 to 8830.5700 may be made for any particular contract if agreed to by all parties. An exception must not preclude the equal treatment of competing projects.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5690 Request for Information

The commissioner shall direct requests for information under the authority of Minnesota Statutes, section 222.54, to the corporate office of the rail carrier. The commissioner's requests will specify the kind of information, the level of detail needed, and the required date of submittal.

Within 20 days from the receipt of the request, the rail carrier, if necessary, may apply for a revision of the time schedule for preparing the information. The commissioner shall approve or disapprove the requests.

If the requested information is not received within the time schedule, the commissioner may make a final demand. The final demand must be in writing and sent by certified mail to the corporate office of the rail carrier. If the information is not received within 60 days of the receipt of the final demand, the commissioner may issue a subpoena to compel production of the information.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5700 Disclosure of Rail Carrier Data

Subpart 1. Confidential information, defined.

Information is considered confidential for the purpose of this chapter when the information collected contains shipping, commercial, or financial data that is required to be kept confidential by United States Code, title 49, section 11910, as amended.

Subp. 2.

[Renumbered 8830.5690]

Subp. 3. Use of confidential data.

Rail carrier data entrusted to the commissioner will be used only by Mn/DOT personnel or the authorized agents of Mn/DOT to implement the purpose set forth in Minnesota Statutes, sections 222.46 to 222.54.

Subp. 4. Release of information.

Information intended for the restricted use by the commissioner may be provided to persons outside Mn/DOT only in the following circumstances:

A. the rail carrier gives written approval to the commissioner to make the information public;

B. the information has already been made public by the action of the rail carrier or other public authority; or

C. the information is aggregated at a sufficient level to obscure the shipping, commercial, and financial information specific to an individual rail user.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.54; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5800 Repealed by subpart

Subpart 1.

[Repealed, 23 SR 524]

Subp. 2.

[Renumbered 8830.0100, subp. 13]

Subp. 3.

[Repealed, 23 SR 524]

Subp. 4.

[Repealed, 23 SR 524]

Subp. 5.

[Repealed, 23 SR 524]

Subp. 6.

[Repealed, 23 SR 524]

Subp. 7.

[Repealed, 23 SR 524]

Subp. 8.

[Renumbered 8830.0100, subp. 22]

Subp. 9.

[Renumbered 8830.0100, subp. 41a]

Subp. 10.

[Renumbered 8830.0100, subp. 42]

Subp. 11.

[Repealed, 23 SR 524]

Subp. 12.

[Repealed, 23 SR 524]

Subp. 13.

[Repealed, 23 SR 524]

Subp. 14.

[Repealed, 23 SR 524]

Subp. 15.

[Renumbered 8830.0100, subp. 69]

Minn. R. 8830.5810 Program Criteria

Subpart 1. Eligibility.

An abandoned rail line or right-of-way is eligible for acquisition and preservation in the state rail bank if it meets the requirements of Minnesota Statutes, section 222.63, subdivision 2b.

Subp. 2. Criteria.

The commissioner will consider the following criteria in determining whether an abandoned rail line or right-of-way will be acquired:

A. the availability of program funds;

B. the probability of the rail line being utilized for the purpose identified;

C. the likelihood that an alternative rail line right-of-way could not be reestablished in the future;

D. the likelihood that no other entity will acquire the rail line for an appropriate use; and

E. the adequacy of the title and the costs to cure defects in the title.

Subp. 3.

[Repealed, 23 SR 524]

Subp. 4.

[Repealed, 23 SR 524]

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5820 Acquiring Rail Bank Property

Subpart 1. Notice to acquire rail bank property.

The commissioner shall publish notice in the State Register listing the rail lines and rights-of-way proposed to be acquired. The notice must also be published once a week for two consecutive weeks in at least one newspaper of general circulation in each county where the property included in the list is located.

The published notice must include the following information:

A. a statement that the notice is published pursuant to Minnesota Statutes, section 222.63, subdivision 3;

B. the identifying name and owner of each rail line;

C. the length in miles (kilometers) and the estimated acreage (hectares) of the property proposed for acquisition;

D. the counties where the property is located;

E. the abandonment status of each rail line;

F. the name, address, and telephone number of Mn/DOT's contact person; and

G. the proposed use and the conditions under which the property would be utilized.

Subp. 2. Beginning title search.

A title search of the property proposed for acquisition must be started after the procedures under subpart 1 have been completed. For a rail line not yet abandoned, a title search must be started after the owning rail carrier has filed an abandonment application with the Surface Transportation Board under United States Code, title 49, section 10904, as amended. To inform the public of a title search of the property proposed for acquisition, the commissioner shall publish a notice in the State Register and at least one newspaper of general circulation in each county where the property is located.

Subp. 3. Public information meeting.

After the title search has been completed, the commissioner shall hold at least one public meeting to provide information and to seek comments from the public. Notice of the meeting must be published in the State Register and in at least one newspaper of general circulation for two consecutive weeks in each county where the property is located. The meeting must be held no fewer than three days after publication of the second notice. At least one meeting must be held in each county where the property is located.

The published notice must include the information under subpart 1.

Subp. 4. Decision to acquire.

The commissioner shall decide whether or not to acquire a rail line and right-of-way after the public information meeting. The decision must be based upon the program criteria cited in part 8830.5810. The commissioner shall publish notice of the decision in the State Register and in at least one newspaper of general circulation in each county where the property is located.

Subp. 5. Notification to rail carrier.

The commissioner shall send a notice to each rail carrier that owns property proposed for acquisition at the following times:

A. when the initial and subsequent lists of proposed acquisitions are published under subpart 1;

B. when the public meeting notices are published under subpart 3; and

C. when the commissioner publishes notice of the decision under subpart 4.

Subp. 6. Simultaneous implementation.

When possible, the commissioner shall simultaneously implement the procedures of parts 8830.5820 to 8830.5840 to acquire, utilize, or dispose of rail bank property. The initial notices published in the State Register and newspapers must include a statement noting which procedures are being implemented simultaneously.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5830 Utilizing Rail Bank Property

Subpart 1. Notice to utilize rail bank property.

The commissioner shall publish notice in the State Register when the commissioner is considering utilizing rail bank property. The notice must also be published once a week for two consecutive weeks in at least one newspaper of general circulation in each county where the property is located. The published notice must include the information under part 8830.5820, subpart 1.

Subp. 2. Public information meeting.

After the procedures under subpart 1 have been completed, the commissioner shall hold at least one public meeting to provide information on the proposal for utilization and to seek comments from the public. Notice of the meeting must be published in at least one newspaper of general circulation for two consecutive weeks in each county where the property is located. The meeting must be held no fewer than three days after publication of the second notice. At least one meeting must be held in each county where the property is located.

Subp. 3. Decision to utilize.

The commissioner shall decide based on the criteria in part 8830.5810, subpart 2, whether or not to utilize the property as proposed after the public information meeting. The commissioner shall publish notice of the decision in at least one newspaper of general circulation in each county where the property is located.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5840 Disposing of Rail Bank Property

Subpart 1. Notice to dispose of rail bank property.

The commissioner shall publish notice in the State Register when considering disposing of rail bank property under Minnesota Statutes, section 222.63, subdivision 4. The notice must also be published once a week for two consecutive weeks in at least one newspaper of general circulation in each county where the property is located. The notice must include the information under part 8830.5820, subpart 1, items A to G, and the reasons for and conditions of the disposal.

Subp. 2. Public information meeting.

After the procedures under subpart 1 have been completed, the commissioner shall conduct at least one public meeting to provide information on the proposed disposition and to seek comments from the public. Notice of the meeting must be published in at least one newspaper of general circulation for two consecutive weeks in each county where the property is located. The meeting must be held no fewer than three days after publication of the second notice. At least one meeting must be held in each county where the property is located.

Subp. 3. Decision to dispose of property.

The commissioner shall decide whether or not to dispose of property after the public information meeting based on the criteria in part 8830.5810, subpart 2. The commissioner shall publish notice of the decision in at least one newspaper of general circulation in each county where the property is located.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5850 Management of Rail Bank Property

Subpart 1. Maintenance or other use during preservation of property.

Rail bank property must be maintained and may be leased for other uses while it is being preserved in the state rail bank. The commissioner shall allow a proposed other use for rail bank property if it meets one or more of the following conditions:

A. it was a use in effect before the commissioner acquired the property and the use will not interfere with utilization of property;

B. the use will minimize maintenance costs and maximize income to the program;

C. the use is not in conflict with uses of adjacent lands; or

D. the use will provide a benefit to the state.

Subp. 2. Other use during utilization of property.

The commissioner shall allow other uses that were in effect while the property was being preserved to continue while the property is being utilized for the purposes of the state rail bank program if the other uses do not interfere with the utilization of the property.

The commissioner shall allow a proposed other use that was not in effect before utilization if it does not interfere with utilization of the property and it meets one or more of the following conditions:

A. the use will minimize maintenance costs and maximize income to the program;

B. the use is not in conflict with uses of adjacent lands; or

C. the use will provide a benefit to the state.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.5860 Administering State Rail Bank Program; Variances

Subpart 1. Information for project or other use.

The entity proposing a utilization project or other use of rail property shall provide the commissioner with pertinent information necessary to achieve proper evaluation and adequate administration of a project or other use. The information must include financial, commodity, cost and operations data, and other similar types of data and information.

Subp. 2. Contracts.

Executed written contracts must be the documents used to commit funds, to implement utilization projects, and to authorize other uses of rail bank property.

Subp. 3. Variance.

The commissioner may approve a written request for a variance from parts 8830.5810 to 8830.5860. A variance will be granted if:

A. the purpose of the rule in question can be accomplished or exceeded by the specific alternate practice proposed for substitution;

B. the application of the rule in question would impose an excessive burden on the person or entity applying for the variance in its attempt to carry out the intent of the rail bank program; and

C. the granting of the variance will not adversely affect the public health and safety. The commissioner shall set forth in writing the reasons for approving or denying a variance. The entity who is granted a variance shall comply with the alternative practice approved by the commissioner. The person or entity who is granted a variance shall immediately notify the commissioner of any material change in the circumstances that justified granting the variance. A variance may be revoked if changes occur in the circumstances that justified the variance, or if the entity granted the variance fails to comply with the alternative practice approved by the commissioner.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.6100 Repealed by subpart

Subpart 1.

[Repealed, 23 SR 524]

Subp. 2.

[Repealed, 23 SR 524]

Subp. 3.

[Repealed, 23 SR 524]

Subp. 4.

[Renumbered 8830.0100, subp. 17]

Subp. 5.

[Repealed, 23 SR 524]

Subp. 6.

[Repealed, 23 SR 524]

Subp. 7.

[Repealed, 23 SR 524]

Subp. 8.

[Repealed, 23 SR 524]

Subp. 9.

[Repealed, 23 SR 524]

Subp. 10.

[Repealed, 23 SR 524]

Subp. 11.

[Renumbered 8830.0100, subp. 35]

Subp. 12.

[Repealed, 23 SR 524]

Subp. 13.

[Repealed, 23 SR 524]

Subp. 14.

[Repealed, 23 SR 524]

Subp. 15.

[Repealed, 23 SR 524]

Subp. 16.

[Repealed, 23 SR 524]

Subp. 17.

[Repealed, 23 SR 524]

Minn. R. 8830.6200 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.6300 Application for Bank Loan

All information required to be submitted to the commissioner under this chapter to support consideration for acceptance as an insured loan must be submitted in duplicate, and include:

A. a written statement under oath executed by the borrower that the proceeds of the loan will be used solely for participation in contracts for the purposes set forth in Minnesota Statutes, section 222.58, subdivision 2, paragraph (b);

B. a copy of the contract, containing: the identification of the participating parties; the total amount of the contract; the respective share of the amount of the contract to be provided by each participating party; the conditions for repayment of the total amount of the contract to the participating parties; the subject matter of the contract; and the identity of the escrow agent, if any;

C. the loan application taken by the lender, together with all supporting documents and data, pertinent to the lender's credit consideration, including:

D. the form of the promissory note to be executed, complete except for signatures, and any guarantee forms to be executed;

E. the form of the security agreements or mortgages to be executed in connection with the loan, complete except for signatures, including the complete legal description of the property, personal or real, to be pledged, supplemented in addition by:

F. a lender's sworn statement to the commissioner that includes:

G. an executed agreement between the lender and borrower that upon granting of the commitment for insurance by the commissioner that:

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.61; 222.63
History: 17 SR 1279; 23 SR 524

Minn. R. 8830.6400 Application for Loan Given by Public Authority

All information required to be submitted to the commissioner for consideration for commitment to insure any eligible loan must be submitted in duplicate, and include:

A. the information required by part 8830.6300, items A to F and G, subitem (3);

B. a copy of the application for the revenue bond project together with any attachments required to be submitted to the Minnesota Department of Commerce;

C. evidence of the approval of the application for the revenue bond project by the Department of Commerce;

D. a statement that upon granting of the commitment for insurance by the commissioner that a copy of the notice of default required by Minnesota Statutes, section 222.58, subdivision 5, to be sent to the borrower within 15 days of the default of the terms of the revenue agreement, must also be sent to any person or corporation guaranteeing the agreement; and

E. a statement that after 90 days, if default continues, a claim must be filed with the commissioner stating the nature of the default.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.61; 222.63
History: 23 SR 524

Minn. R. 8830.6500 Eligibility Requirements for Bank Loan

Subpart 1. Principal amount.

The original bona fide principal amount of any loan must not exceed:

A. an amount that can be shown to be fully secured by the equity determined by the current appraised value of the collateral to be pledged by or on behalf of the borrower;

B. an amount that can be reasonably documented and shown to be secured by the value found in the guarantee up to a maximum proportion of 40 percent of the original bona fide principal with the remaining proportion to be fully secured in the manner prescribed in item A.

Subp. 2. Interest rate.

The interest rate agreed upon between the borrower and the lender must be expressed clearly in the loan agreement in annual percentage rate terms and include the manner in which lapsed periods of time are to be calculated for purposes of application of that rate, if interest is to be calculated or collected in intervals of less than one calendar year.

Subp. 3. Repayment terms.

The commissioner shall grant the approval called for by this part if the loan agreement remains substantially the same, the loan agreement is in accordance with parts 8830.6300 to 8830.6700, and the risks to the state by the change in the agreement are fully protected. The loan agreement must provide for repayment terms that:

A. include a schedule of installment payments of principal and interest that will extinguish the original bona fide principal of the loan over a term not exceeding ten years from the date of execution of the loan;

B. include a schedule of periodic installment payments of principal and interest coming due at least each three months or such lesser intervals as are reasonably consistent with the revenue income flow determined to support the ability on the part of the borrower to repay the obligation;

C. provide that the first installment of principal and interest may be scheduled so as to coincide with the first anticipated revenue;

D. include language that provides that no refinancing, extension, or deferment of the originally contracted obligation as approved for insurance or its security, or otherwise as would operate to modify the original contract terms may be made between the borrower and the lender unless those considerations are in writing and expressly approved by the commissioner; and

E. include language that effectively renders the obligation as documented to be nontransferable as to all or any part of its interests without prior written approval of the commissioner.

Subp. 4. Deferment.

No loan agreement may be the subject of any extension of time or deferment of originally scheduled installment payments that would result in the final contracted payment of principal or interest, or combination of principal and interest, to fall due at a date more than ten years from the date of origin, without prior written approval of the commissioner.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.6600 Eligibility Requirements for Public Authority Loan

Subpart 1. Principal amount.

The original bona fide principal amount as to the amount insured of any revenue agreement, exclusive of interest and expense, must not exceed:

A. an amount that can be shown to be fully secured by the equity determined by the current appraised value of the collateral to be pledged by or on behalf of the borrower; or

Subp. 2. Repayment of revenue agreement.

The repayment of the revenue agreement must be such that it will produce income and revenue sufficient to provide for the repayment, when due, of principal and interest on all bonds issued under the agreement.

Subp. 3. Repayment terms.

The revenue agreement must provide for:

A. repayment terms, including a schedule of installment payments of principal and interest, that will extinguish the original bona fide principal of the bonds over a period not to exceed ten years from the date of origin;

B. language that provides that no revision of the revenue agreement may be made between the borrower and the lender unless the revisions are approved by the commissioner; and

C. language that would effectively render the revenue agreement nontransferable as to all or any part of its interest without the expressed approval of the commissioner.

Subp. 4. Granting approval.

The commissioner shall grant the approvals called for by this part if the loan agreement remains substantially the same, the loan agreement is in accordance with parts 8830.6300 to 8830.6700, and the risks to the state by the change in the agreement are not increased and the interests of the state are fully protected.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.6700 Interest Adjustment

Subpart 1. Eligibility requirements.

In order to be eligible for an interest adjustment, an applicant must meet the requirements of Minnesota Statutes, section 222.58, subdivision 5a.

Subp. 2. Repayment procedures.

The borrower shall reimburse the commissioner for any amounts paid as an interest adjustment within one year after the final payment to a lending institution is due on the loan. The reimbursement to the commissioner may be made in equal installments over the period of one year or in a single payment at the close of that year.

If the borrower has no proprietary right in the property to be rehabilitated, then a promissory note must be negotiated between the borrower and the commissioner prior to the granting of a loan guarantee to insure repayment of the interest adjustment.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.9900 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.9901 Signs, Active Warning Devices, and Locations

Subpart 1. Crossbuck sign.

Subp. 2. Stop sign at grade crossing.

Subp. 3. Grade crossing active warning device.

Subp. 4. Grade crossing active warning device; cantilever type.

Subp. 5. Grade crossing active warning device with gate.

Subp. 6. Typical location for grade crossing active warning device.

Subp. 7. Standard grade crossing active warning device location.

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.9910 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.9911 Crossbuck and Auxiliary Sign

Subpart 1. Crossbuck sign.

R15-1

White background

Subp. 2. Auxiliary sign.

R15-2

White background

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.9920 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.9921 Advance-Warning Signs

Subpart 1. Advance-warning sign W10-1.

W10-1

Yellow background

Subp. 2. Advance-warning sign W10-2.

W10-2

Yellow background

Subp. 3. Advance-warning sign W10-3.

W10-3

Yellow background

Subp. 4. Advance-warning sign W10-4.

W10-4

Yellow background

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.9930 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.9931 Supplementary Advance-Warning Signs

Subpart 1. "Track-angle" sign.

W10-X1

Yellow background

Subp. 2. "Blind-crossing" sign.

W10-X2

Yellow background

Subp. 3. "Look for trains" sign.

W10-X3

Yellow background

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.9940 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.9941 Other Regulatory Signs

Subpart 1. "Exempt-crossing" sign.

R15-3 White background

W10-1a Yellow background

Subp. 2. "Stop ahead" sign.

W3-1a

Yellow background

Subp. 3. "Do not stop on tracks" sign.

R8-8

White background

Subp. 4. "Tracks out of service" sign.

R8-9

White background

Subp. 5. "No turn on red" sign.

R10-11a

White background

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.9950 [Repealed, 23 SR 524]

[Repealed, 23 SR 524]

Minn. R. 8830.9951 Clearances

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.9961 Standard "no Clearance" Sign

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.9971 Warning Sign for Train Crew Members

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Minn. R. 8830.9991 Operating License

History

Statutory Authority: MS s 218.071; 219.073; 219.165; 219.17; 219.384; 222.50; 222.58; 222.63
History: 23 SR 524

Chapter 8835 PUBLIC TRANSIT

Minn. R. 8835.0100 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.0110 Repealed by subpart

Subpart 1.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 1a.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 2.

[Repealed, 25 SR 61]

Subp. 3.

[Repealed, 25 SR 61]

Subp. 4.

[Repealed, 25 SR 61]

Subp. 5.

[Repealed, 25 SR 61]

Subp. 6.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 7.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 8.

[Repealed, 25 SR 61]

Subp. 9.

[Repealed, 25 SR 61]

Subp. 10.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 11.

[Repealed, 25 SR 61]

Subp. 11a.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 12.

[Repealed, 25 SR 61]

Subp. 12a.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 12b.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 13.

[Repealed, 25 SR 61]

Subp. 13a.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 14.

[Repealed, 25 SR 61]

Subp. 14a.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 15.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 15a.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 16.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 17.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 18.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 19.

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0200 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.0210 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0220 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0230 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0240 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0250 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0260 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0265 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0270 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0275 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0280 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0290 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0300 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.0310 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0320 [Repealed, L 2024 c 104 art 2 s 16]

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0330 Repealed by subpart

Subpart 1.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 2.

[Repealed, L 2013 c 127 s 71]

Subp. 3.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 4.

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0350 Repealed by subpart

Subpart 1.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 2.

[Repealed, L 2023 c 68 art 5 s 55]

Subp. 3.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 4.

[Repealed, L 2024 c 104 art 2 s 16]

Subp. 5.

[Repealed, L 2024 c 104 art 2 s 16]

Minn. R. 8835.0400 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.0500 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.0600 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.0610 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.0700 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.0710 [Renumbered 8835.0250]

[Renumbered 8835.0250]

Minn. R. 8835.0720 [Renumbered 8835.0260]

[Renumbered 8835.0260]

Minn. R. 8835.0730 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.0740 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.0800 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.0810 [Renumbered 8835.0275]

[Renumbered 8835.0275]

Minn. R. 8835.0820 [Renumbered 8835.0280, subparts 1 and 2]

[Renumbered 8835.0280, subparts 1 and 2]

Minn. R. 8835.0830 [Renumbered 8835.0280, subp. 3]

[Renumbered 8835.0280, subp. 3]

Minn. R. 8835.0840 [Renumbered 8835.0280, subp. 4]

[Renumbered 8835.0280, subp. 4]

Minn. R. 8835.0850 [Renumbered 8835.0280, subp. 5]

[Renumbered 8835.0280, subp. 5]

Minn. R. 8835.0860 [Renumbered 8835.0280, subp. 6]

[Renumbered 8835.0280, subp. 6]

Minn. R. 8835.0870 [Renumbered 8835.0280, subp. 7]

[Renumbered 8835.0280, subp. 7]

Minn. R. 8835.0900 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.0910 [Renumbered 8835.0330]

[Renumbered 8835.0330]

Minn. R. 8835.1000 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.1100 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.1200 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.1300 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.1400 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.1500 [Renumbered 8835.0290]

[Renumbered 8835.0290]

Minn. R. 8835.1600 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.1700 [Renumbered 8835.0310, subpart 1]

[Renumbered 8835.0310, subpart 1]

Minn. R. 8835.1710 [Renumbered 8835.0310, subp. 2]

[Renumbered 8835.0310, subp. 2]

Minn. R. 8835.1720 [Renumbered 8835.0310, subp. 3]

[Renumbered 8835.0310, subp. 3]

Minn. R. 8835.1730 [Renumbered 8835.0310, subp. 4]

[Renumbered 8835.0310, subp. 4]

Minn. R. 8835.1740 [Renumbered 8835.0310, subp. 5]

[Renumbered 8835.0310, subp. 5]

Minn. R. 8835.1750 [Renumbered 8835.0310, subp. 6]

[Renumbered 8835.0310, subp. 6]

Minn. R. 8835.1760 [Renumbered 8835.0310, subp. 7]

[Renumbered 8835.0310, subp. 7]

Minn. R. 8835.1800 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.1900 [Renumbered 8835.0350]

[Renumbered 8835.0350]

Minn. R. 8835.2200 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.2300 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.2400 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.2500 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.2600 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.2700 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.5100 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.5200 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.5300 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.5400 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.5500 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.5600 [Repealed, 8 SR 2113]

[Repealed, 8 SR 2113]

Minn. R. 8835.5700 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Minn. R. 8835.5800 [Repealed, 25 SR 61]

[Repealed, 25 SR 61]

Chapter 8840 TRANSPORTATION FOR ELDERLY, DISABLED

Minn. R. 8840.0100 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.0200 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.0300 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.0400 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.0500 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.0600 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.0700 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.0800 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.0900 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.1000 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.1100 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.1200 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.1300 [Repealed, L 1997 c 143 s 20]

[Repealed, L 1997 c 143 s 20]

Minn. R. 8840.5100 Definitions

Subpart 1. Ambulance.

"Ambulance" has the meaning given to it in Minnesota Statutes, section 144E.001, subdivision 2.

Subp. 1a. Applicant.

"Applicant" means a person who applies for a new certificate of compliance, or its renewal, as required to operate as a special transportation service provider.

Subp. 1b. Certificate of course completion.

"Certificate of course completion" means a certificate that includes the:

A. name of the training course;

B. name of the instructor, sponsoring organization, or company who provided the training;

C. date the training was given;

D. location where the training was given;

E. number of hours of training that were provided; and

F. name, trainer number, and signature of the instructor.

Subp. 2. Attendant.

"Attendant" means a person who assists in the transportation of passengers in special transportation service vehicles, but who does not drive the vehicle.

Subp. 2a. City.

"City" includes statutory cities and home rule charter cities.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of transportation, or an authorized agent.

Subp. 4.

[Repealed, 28 SR 1578]

Subp. 4a. Day.

"Day" means calendar day unless otherwise specified.

Subp. 5. Disabled.

"Disabled" means having a disability.

Subp. 5a. Driver.

"Driver" means a person who transports passengers in special transportation service vehicles, but who is not a volunteer driver.

Subp. 6. Elderly.

"Elderly" means Minnesotans age 60 or older.

Subp. 6a. Grants or other financial assistance.

"Grants or other financial assistance" means funds from either the state or federal government, including funds that are distributed to third-party entities under contract with either the state or federal government for purposes of special transportation service.

Subp. 7. Disability.

"Disability" means having a physical or mental impairment that limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment.

Subp. 8. Major life activities.

"Major life activities" means activities of daily living such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Subp. 9. Motor vehicle.

"Motor vehicle" has the meaning given to it in Minnesota Statutes, section 169.011, subdivision 42.

Subp. 10.

[Repealed, 48 SR 155]

Subp. 11. Person.

"Person" means every natural person; proprietorship, firm, general or limited liability partnership, corporation, limited liability company, or other business entity; association; and body politic.

Subp. 12. Physical or mental impairment.

"Physical or mental impairment" means any physiological disorder or condition or anatomical loss, any mental or psychological disorder, and specific learning disabilities and includes but is not limited to such diseases and nonacute conditions as orthopedic, vision impairments, speech disabilities, hearing loss, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, developmental disability, emotional illness, drug addiction, and alcoholism.

Subp. 12a. Protected transport.

"Protected transport" means motor vehicle transportation provided in a vehicle designated as protected transport under Minnesota Statutes, section 256B.0625, subdivision 17.

Subp. 13. Provider.

"Provider" means a public or private entity or person who operates special transportation service vehicles.

Subp. 14. Regular basis.

"Regular basis" means either providing more than an average of 12 round trips per month in any calendar year or transporting more than 30 passengers per month.

Subp. 15. School bus.

"School bus" has the meaning given to it in Minnesota Statutes, section 169.011, subdivision 71.

Subp. 16. Semiambulatory.

"Semiambulatory" means having the ability to walk with difficulty or with the aid of an artificial limb or personal assistance device such as a brace, a cane, a crutch, or a walker.

Subp. 17. Special transportation service.

"Special transportation service" means motor vehicle transportation provided on a regular basis by a public or private person that is designed exclusively or primarily to serve individuals who are elderly or disabled and who are unable to use regular means of transportation but do not require ambulance service, as defined in Minnesota Statutes, section 144E.001, subdivision 3. Special transportation service includes, but is not limited to, service provided by specially equipped buses, vans, taxis, and volunteers driving private automobiles. Special transportation service also includes those nonemergency medical transportation services under Minnesota Statutes, section 256B.0625, subdivision 17, that are subject to the operating standards for special transportation service under Minnesota Statutes, sections 174.29 to 174.30, and this chapter as provided for in Minnesota Statutes, section 174.29, subdivision 1.

Subp. 18. State.

"State" has the meaning given to it in Minnesota Statutes, section 3.732, subdivision 1, clause (1).

Subp. 18a. Stretcher transport.

"Stretcher transport" means motor vehicle transportation in a prone or supine position provided in a vehicle designated as necessary for stretcher transport under Minnesota Statutes, section 256B.0625, subdivision 17.

Subp. 19. Variance.

"Variance" means permission to comply in a manner other than that specified.

Subp. 20. Vehicle.

"Vehicle" means a motor vehicle used to provide special transportation service.

Subp. 21. Volunteer driver.

"Volunteer driver" has the meaning given in Minnesota Statutes, section 65B.472, subdivision 1, paragraph (h).

Subp. 22. Wheelchair.

"Wheelchair" means a mobility aid, whether manual or motorized, belonging to any class of three- or four-wheeled devices and that is usable indoors and designed for and used by individuals with mobility impairments.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; L 1997 c 199 s 14; 28 SR 1578; L 2005 c 56 s 2; L 2013 c 62 s 32; 48 SR 155

Minn. R. 8840.5200 [Repealed, 17 SR 634]

[Repealed, 17 SR 634]

Minn. R. 8840.5300 Scope

Subpart 1. Service criteria.

Except as provided in Minnesota Statutes, sections 174.29 to 174.315, the standards in parts 8840.5100 to 8840.6400 apply to special transportation service as defined in part 8840.5100 and provided by an entity receiving grants or other financial assistance from the state or federal government, or both, to provide or assist in providing the service.

Subp. 1a. Applicability.

The standards in parts 8840.5100 to 8840.6400 apply to organizations, providers, office staff, drivers, and attendants through the certificate of compliance under which they are listed. Any person or vehicle listed under a certificate of compliance operates under the authority granted to the holder of the certificate.

Subp. 2.

[Repealed, 28 SR 1578]

Subp. 3.

[Repealed, 28 SR 1578]

History

Statutory Authority: MS s 174.30
History: L 1984 c 654 art 5 s 58; L 1987 c 209 s 39; 13 SR 1448; 17 SR 634; 28 SR 1578; 48 SR 155

Minn. R. 8840.5400 Certificate of Compliance, General Requirements

Subpart 1. Certificate of compliance required.

A person shall not provide special transportation service without a current annual certificate of compliance issued by the commissioner. No vehicle may be used to provide special transportation service until it has been inspected as required by part 8840.5700 and Minnesota Statutes, section 299A.14, and displays a valid decal as required by Minnesota Statutes, section 174.30, subdivision 4.

Subp. 1a. Wheelchair certification.

The commissioner shall issue a certificate of compliance to a provider who transports an occupied wheelchair in a vehicle only if the vehicle has been issued a current, numbered certificate by the commissioner pursuant to Minnesota Statutes, section 174.30, subdivisions 3 and 4.

Subp. 1b. Protected transport certification.

The commissioner shall issue a certificate of compliance to a provider who provides protected transport only after ensuring the safety provisions in Minnesota Statutes, section 256B.0625, subdivision 17, are in working order.

Subp. 2. Ambulance service license required.

No special transportation service provider shall provide, offer to provide, or represent itself as capable of providing ambulance service unless it is licensed as required by Minnesota Statutes, section 144E.10.

History

Statutory Authority: MS s 174.30
History: L 1987 c 209 s 39; 17 SR 634; L 1997 c 199 s 14; 28 SR 1578; 48 SR 155

Minn. R. 8840.5450 Restrictions on Name and Description of Service

Subpart 1. Advertising as ambulance service prohibited.

A special transportation service provider subject to Minnesota Statutes, section 174.30, shall not use, in its name or in advertisements or information describing the service, the words "medical," "emergency," "life support," "ambulance," or other forms of those words or any other similar words that offer, suggest, or imply the availability of ambulance service, as defined in Minnesota Statutes, section 144E.001, subdivision 3, unless it is licensed as an ambulance service under Minnesota Statutes, section 144E.10.

Subp. 2. Permitted phrase.

A special transportation service provider may use the phrase "nonemergency medical transportation" in its name or advertisements or information describing the service.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; L 1997 c 199 s 14; 48 SR 155

Minn. R. 8840.5500 Certificate of Compliance Application

Subpart 1. Forms.

Application for a certificate of compliance or for renewal of an existing certificate of compliance must be made on forms provided by the commissioner. Application forms for certificates of compliance may be obtained from the Department of Transportation. Applications must be delivered in person, electronically, or by mail to the Minnesota Department of Transportation.

Subp. 2. Required information.

Applicants shall submit the following information to the commissioner:

A. a provider application form containing the following information:

B. the following documentation, if not previously filed with the commissioner:

Subp. 2a. Signature required.

The application must be signed physically or electronically by a corporate officer, general partner, limited liability company board member, or sole proprietor verifying that the information on the application is true. The application may be delivered in person, by mail, or by fax. In lieu of a required document completed on paper, the commissioner may accept an electronically transmitted document authenticated by an electronic signature.

Subp. 3.

[Repealed, 28 SR 1578]

Subp. 4.

[Repealed, 28 SR 1578]

Subp. 5. Information on certificate.

When a certificate is granted, the commissioner shall issue to the provider a numbered certificate of compliance that shows the month and year in which the certification expires. This certificate may be stored physically or electronically but must be producible upon request from the commissioner.

Subp. 6. Record.

The commissioner shall maintain a record of all certificates of compliance showing the date issued, renewed, suspended, or revoked. If the commissioner determines that an application for a new certificate of compliance is for an organization with one or more corporate directors or officers, limited liability company board members, or employees as a provider that is currently suspended or revoked, the commissioner shall reject the application.

Subp. 7. Keeping application information current.

An applicant or provider shall notify the commissioner in writing of any change in its application information within ten days of the change.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; L 2005 c 56 s 2; 48 SR 155

Minn. R. 8840.5525 Issuance and Expiration of Certificate of Compliance

Subpart 1. Processed in 30 days.

The commissioner shall process all applications and a certificate of compliance must be issued or denied in writing within 30 days of the receipt of the completed application and documentation required by the commissioner.

Subp. 2. Issuance or denial of certificate.

The commissioner shall issue a certificate of compliance to an applicant who meets the requirements in parts 8840.5100 to 8840.6400, except the commissioner shall not issue a certificate of compliance if:

A. the applicant had a certificate revoked during the preceding 180 days;

B. the application for certification contains a statement that is false, misleading, or fraudulent;

C. the applicant fails to provide all required or requested data; or

D. the applicant or any person listed on the application is disqualified by the background study required in Minnesota Statutes, section 174.30, subdivision 10.

Subp. 3. Contesting a denial.

To contest a denial of the issuance of a certificate, the provider shall follow the procedures in part 8840.6400.

Subp. 4. Certificate denied, revoked, or canceled.

If a provider's certificate of compliance is denied, revoked, or canceled, and the provider wishes to reapply, the applicant must submit a new application under part 8840.5500. If a certificate is denied, revoked, or canceled for containing information that is false, misleading, or fraudulent, the provider is prohibited from reapplying for 180 days.

Subp. 5. Term of certificate; good cause extension.

A certificate of compliance expires one year from the date it is issued and is renewable on an annual basis as provided for in part 8840.5500 and this part. The commissioner, for good cause, may extend the time before a certificate is canceled for up to an additional 30 days beyond expiration. "Good cause" means circumstances beyond control or circumstances that were not reasonably foreseeable, such as a serious physical or mental incapacity or illness.

History

Statutory Authority: MS s 174.30
History: 28 SR 1578; 48 SR 155

Minn. R. 8840.5600 [Repealed, 28 SR 1578]

[Repealed, 28 SR 1578]

Minn. R. 8840.5640 Initial Special Transportation Service Provider Education

Subpart 1. Initial education requirement, generally; enforcement.

Within 90 days from issuance of an initial certificate of compliance, the provider must complete the initial special transportation service provider education. The provider must have in attendance at least one person having a substantial interest or control, directly or indirectly, in or over the operations conducted or to be conducted under the provider's certificate of compliance. Upon failure to comply with the requirement of this subpart, the certificate of compliance is deemed canceled upon expiration of the 90 days.

Subp. 2. Initial education sources and topics.

The initial education materials must be approved by the commissioner under part 8840.6200 and detail applicable statutes, rules, and regulations, including the following topics:

A. driver qualifications;

B. driver and attendant training requirements;

C. vehicle equipment;

D. vehicle construction standards;

E. standards for vehicle operation;

F. standards for vehicle maintenance including the cleanliness of vehicles;

G. insurance requirements;

H. record requirements; and

I. enforcement provisions.

History

Statutory Authority: MS s 174.30
History: 28 SR 1578; 48 SR 155

Minn. R. 8840.5650 Annual Evaluation

The commissioner shall annually evaluate whether the provider complies with parts 8840.5100 to 8840.6300. The evaluation must include (1) an audit of the provider's records to determine that the provider is keeping the records required by part 8840.6100, (2) an inspection of the vehicles to determine that the vehicle meets the standards of parts 8840.5700 and 8840.5950, and (3) a determination whether wheelchair securement devices in the vehicle are certified as required by Minnesota Statutes, section 174.30, subdivisions 3 and 4.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578

Minn. R. 8840.5700 Inspection and Audit

Subpart 1. Commissioner shall inspect vehicles.

The commissioner shall inspect or provide for the inspection of each vehicle at least annually and may inspect a vehicle on receipt of a complaint about the condition of the vehicle or its equipment. The commissioner may conduct an unannounced inspection for compliance with parts 8840.5100 to 8840.6300 but must not do so in a way that interferes with the transportation of a passenger. The commissioner may inspect the vehicle, its equipment, or any documents required to be in the vehicle or the driver's possession for compliance with parts 8840.5100 to 8840.6300 and state or federal law.

Subp. 1a. Incorporation by reference.

"Minnesota Vehicle Requirements for Special Transportation Services and Limousines," dated February 3, 2023, is incorporated by reference. The document is written and published by the Minnesota Department of Transportation. The document is not subject to frequent change and is available at the department's office, located at 395 John Ireland Boulevard, St. Paul, MN 55155, and on the department's website. This document, and the provisions of Minnesota Statutes, sections 169.46 to 169.75, must be followed when conducting an inspection and determining whether a vehicle is in a condition that is likely to cause an accident or break down.

Subp. 1b. Inspection results; removal from service.

The results of an inspection of vehicles or records must be documented and a copy given to the provider. If the vehicle is equipped with a wheelchair securement device, the inspection form must state whether the device is certified by the commissioner. If the vehicle is designated as protected transportation, the inspection form must state whether the safety provisions in Minnesota Statutes, section 256B.0625, subdivision 17, are in working order. The commissioner shall direct a provider to immediately remove a vehicle from service on determining the vehicle is in a condition that is in violation of a provision of Minnesota Statutes, sections 169.46 to 169.75, and is likely to cause an accident or break down.

Subp. 1c. Provider responsibility; defective equipment.

Providers directed to repair or replace defective equipment shall provide written evidence of compliance to the commissioner of transportation. When the provider has taken the required corrective action, the provider may return the vehicle to service.

Subp. 1d. Commissioner shall audit records.

The commissioner may examine any documents or records required by parts 8840.5100 to 8840.6300 or Minnesota Statutes, section 174.30. The commissioner shall examine vehicle inspection, repair, and maintenance records for each vehicle operated under the provider's certificate of compliance at least annually. The commissioner shall examine driver and attendant records at least annually. The results of an audit of records shall be documented and given to the provider.

Subp. 2. Complaint record.

The commissioner shall document complaints and maintain a record of the name and address of the person making the complaint, the date and reason for the complaint, the result of an inspection of the provider's vehicles or records, and the corrective action the provider must take.

Subp. 3.

[Repealed, 17 SR 634]

Subp. 4. Items examined.

Annual audits and inspections conducted under these standards must comprise:

A. examination of the records listed in part 8840.6100 to determine whether the provider complies with parts 8840.5100 to 8840.6300; and

B. examination of the vehicles to determine whether the provider complies with the requirements of parts 8840.5925, 8840.5940, 8840.5950, and 8840.5975, and may include inspection of any part of the vehicle subject to regulation under Minnesota Statutes, chapter 169.

Subp. 5. Failure to permit inspection.

Failure to permit an inspection or audit as provided in this part is grounds for immediate suspension of the provider's certificate of compliance until the provider permits the inspection.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; 48 SR 155; 49 SR 1349

Minn. R. 8840.5800 Enforcement: Violations, Suspensions, Revocations, and Cancellations

Subpart 1. Notice and opportunity for correction.

When a provider is found in violation of parts 8840.5100 to 8840.6300 or Minnesota Statutes, section 174.30, and the violation is not likely to cause a breakdown or accident, the provider must be given a 15-day written notice to correct the violation.

A. When a provider is found to be operating a vehicle that is in violation of a provision of Minnesota Statutes, sections 169.46 to 169.75, and is likely to break down or cause an accident, the provider shall remove the vehicle from operation immediately. The provider shall correct the defect before returning the vehicle to service.

B. If the provider is violating the prohibition against providing ambulance service without a license issued under Minnesota Statutes, section 144E.10, the commissioner shall direct the provider to stop the violation immediately and shall report the violation to the commissioners of health and human services.

C. The commissioner shall direct a provider that is found to be using a driver or attendant who has not completed the training required by part 8840.5910 or a driver or attendant who does not meet the standards provided in part 8840.5900 and Minnesota Statutes, section 174.30, to cease doing so, and the provider shall stop using the driver or attendant immediately. Before returning the driver or attendant to service, a provider must give the commissioner written evidence that the driver or attendant meets the requirements of parts 8840.5900 and 8840.5910.

D. The commissioner shall direct a provider that is found to be using any other person associated with the organization in a way that violates parts 8840.5100 to 8840.6300 or Minnesota Statutes, section 174.30, to cease doing so, and the provider shall stop using that person immediately. Before returning the person to service, the provider must give the commissioner written evidence that the person meets the requirements of parts 8840.5100 to 8840.6300 and Minnesota Statutes, section 174.30.

E. When a provider is found to be using a vehicle equipped with a wheelchair lift, ramp, or securement system that does not meet the requirements of part 8840.5925, the provider shall not use that vehicle to provide transportation of passengers that require the use of such equipment until the provider submits written evidence to the department that the vehicle meets the requirements of part 8840.5925.

Subp. 2. Violation determination.

After 15 days, the commissioner may conduct an inspection to determine whether the violation has been corrected. The provider may mail, deliver, or email evidence of compliance to the department or mail, deliver, or email notice that the vehicle has been removed from service. If an inspection report was issued, providers must mail, deliver, or email a copy of the inspection report when providing evidence of compliance.

Subp. 3. Suspension.

A. No provider may provide special transportation service or operate a special transportation service vehicle without correcting a violation of parts 8840.5100 to 8840.6300 or Minnesota Statutes, section 174.30, as provided in subpart 1 or providing notice that a defective vehicle has been removed from service as provided in subpart 2. The commissioner may suspend a provider's certificate of compliance until the provider complies with parts 8840.5100 to 8840.6300 and Minnesota Statutes, section 174.30, if the commissioner determines a provider has:

B. In determining whether to suspend a provider's certificate of compliance under this subpart, the commissioner shall consider the severity of the violations, the ease or burden of remedying the violations, the number of violations found, the provider's history of the same types of violations, and the provider's history of other violations. The commissioner shall develop violation history review criteria and guidelines and post them on the department's website.

Subp. 3a. Revocation.

The commissioner shall revoke the certificate of compliance of a provider who:

A. provides special transportation service after the provider's certificate of compliance has been suspended or canceled;

B. provides ambulance service without a license issued under Minnesota Statutes, section 144E.10; or

C. has committed a pattern of violating the standards contained in parts 8840.5100 to 8840.6300 or Minnesota Statutes, section 174.30, which shows a disregard for the health and safety of persons who use special transportation service.

Subp. 3b. Consideration in determining revocation.

In making a determination under subpart 3a, the commissioner must consider:

A. the willfulness of the violations;

B. the seriousness of the violations including whether they resulted in, or were likely to result in, passenger injuries or vehicle accidents;

C. the provider's history of violations including the time elapsed since the last violation, the number of previous violations, and the response of the person to the most recent violation identified; and

D. other factors as justice may require if the commissioner specifically identifies the additional factors in the commissioner's order.

Subp. 3c. Cancellation.

The commissioner shall cancel the certificate of compliance of a provider who:

A. failed to renew a certificate of compliance as provided in part 8840.5525, subpart 5;

B. knowingly made a material statement that was false or fraudulent regarding the standards provided in this chapter or Minnesota Statutes, section 174.30; or

C. failed to maintain insurance after a notice of suspension was issued as provided for in part 8840.6000.

Subp. 3d. Application for another certificate after revocation.

If the commissioner revokes a provider's certificate, the provider may not apply for a new certificate for at least 180 days from the date of revocation.

Subp. 3e. Application for another certificate after a false or fraudulent statement.

If the commissioner cancels a provider's certificate for knowingly having made a material statement that was false or fraudulent under subpart 3c, the provider is prohibited from reapplying for a new certificate for at least 180 days from the date of the cancellation.

Subp. 4.

[Repealed, 28 SR 1578]

Subp. 5. Administrative orders and penalties.

The commissioner may issue an order requiring violations of the standards to be corrected or assessing monetary penalties as provided in Minnesota Statutes, section 174.30, subdivision 8. Minnesota Statutes, section 221.036, applies to orders issued under this part and a person who wishes to contest an order must follow the procedures in that section.

Subp. 6. Notice of suspension, revocation, or cancellation.

The commissioner shall mail notice of suspension, revocation, or cancellation of a certificate of compliance under this chapter to the address listed on the provider's certificate of compliance by certified mail. The notice must include:

A. a concise statement of the facts alleged to constitute a violation;

B. a reference to the section of the statute, rule, or order that has been violated;

C. a statement of the person's right to review of the order pursuant to part 8840.6400; and

D. the effective date of the suspension, revocation, or cancellation.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; L 1997 c 199 s 14; 28 SR 1578; 48 SR 155

Minn. R. 8840.5900 Driver Qualifications

Subpart 1. Physical qualification.

No driver may operate a special transportation service vehicle providing special transportation unless the driver is physically qualified to drive under Code of Federal Regulations, title 49, section 391.41, paragraphs (a) and (b), which is incorporated by reference.

Subp. 2.

[Renumbered Subp. 13]

Subp. 3.

[Repealed, 28 SR 1578]

Subp. 4.

[Renumbered Subp. 17]

Subp. 5. Evidence of physical qualification.

Before driving a special transportation service vehicle providing special transportation, a driver must have a valid medical examiner's certificate under Code of Federal Regulations, title 49, section 391.43, which is incorporated by reference, certifying that the driver meets the requirements in subpart 1. A copy of the medical examiner's certificate must be in the driver's possession while operating a special transportation service vehicle.

Subp. 6. Waiver of physical qualification.

A person who is not physically qualified to drive under Code of Federal Regulations, title 49, section 391.41, paragraph (b), clause (1), (2), (3), (10), or (11), and who is otherwise qualified to drive a motor vehicle, may drive a special transportation service vehicle if the commissioner grants a waiver to that person under Minnesota Statutes, section 221.0314, subdivisions 3, 3a, and 3b. A copy of the waiver must be given to the provider who employs the driver and must be in the driver's possession while operating a special transportation service vehicle.

Subp. 7. Other evidence of physical qualification.

A driver who has a valid commercial driver's license or a driver's license with a valid school bus endorsement issued under Minnesota Statutes, section 171.321, or the rules of the commissioner of public safety, may furnish the provider with a copy of that endorsement instead of furnishing the medical examiner's certificate described in subpart 5.

Subp. 8. Ability to inspect vehicle and assist passenger.

Each driver must be able to perform a vehicle safety inspection. Each driver and attendant, when a vehicle is staffed by both a driver and an attendant, must be able to assist a passenger into and out of the vehicle and operate a wheelchair lift or ramp if the vehicle is equipped with it.

Subp. 9. Driver's license.

A driver must have a driver's license valid for the class of vehicle driven.

Subp. 10. Age.

A driver must be at least 18 years old.

Subp. 11. Driving record.

A driver must, for the past three years:

A. have not had a driver's license canceled under Minnesota Statutes, section 171.14, revoked under Minnesota Statutes, section 171.17, or suspended under Minnesota Statutes, section 171.18, clause (2), (3), (4), (5), (7), or (11);

B. have a driving record clear of a conviction for driving a motor vehicle without a valid current license for the class of vehicle driven; and

C. have a driving and criminal record clear of a conviction for driving under the influence of alcohol or a controlled substance under Minnesota Statutes, section 169A.20, or an ordinance in conformity with that section, of alcohol-related driving by commercial vehicle drivers under Minnesota Statutes, section 169A.20, and of driver's license revocations under Minnesota Statutes, sections 169A.51 to 169A.53.

Subp. 12.

[Repealed, L 2015 c 71 art 11 s 65]

Subp. 13. Provider responsibility; employee's driver's license.

Before using or hiring a driver to provide special transportation service, a provider must obtain and review a copy of the driver's license and driving record showing that the driver has a valid driver's license and was not disqualified under this part at the time the review is performed.

Subp. 13a. Provider responsibility; status of employee's driver's license.

The provider must annually obtain the driving record for each driver the provider employs, stating the driver is still not disqualified under this part.

Subp. 13b. Provider responsibility; background study eligibility.

Before using or hiring a driver to provide special transportation service, a provider must review documentation from the Department of Human Services showing the driver is eligible or has received a set-aside from the commissioner of human services in compliance with the background study required under Minnesota Statutes, section 174.30, subdivision 10, paragraph (b). Upon receiving documentation that a driver who was previously eligible is no longer eligible, a provider shall immediately stop using the driver to provide special transportation service.

Subp. 14.

[Repealed, L 2015 c 71 art 11 s 65]

Subp. 15. Provider responsibility; statement of physical qualification.

Before using or hiring a driver to provide special transportation service, a provider must obtain and review a copy of the statement of physical qualification or other evidence of physical qualification listed in subpart 5 or 6 that the driver meets the physical qualification in subpart 1.

Subp. 15a. Provider responsibility; review of physical qualification.

The provider must review a copy of each driver's valid medical examiner's certificate or other evidence of physical qualification listed in subpart 5 or 6 as required in subpart 1. This review must be performed in such a way as to ensure the driver is not used to perform services without a current and valid medical examiner's certificate or other evidence of physical qualification. The provider must keep a record of this review in the driver's file under part 8840.6100.

Subp. 16. Provider responsibility; failure to maintain qualification.

If, during the time a provider is using or employing a driver, the driver no longer meets the standards of this part, the provider shall immediately stop using or employing the driver as a special transportation vehicle driver or attendant and shall report the withdrawal, the reason the driver no longer meets the standards, or both, to the commissioner.

Subp. 17. Complaint records.

A provider shall keep a record of a complaint, report, or allegation of misconduct made against a driver or attendant it uses or employs. The record must contain a copy of the complaint or report or a detailed written summary of the allegation. A provider shall investigate the accuracy of the complaint, report, or allegation and shall include a summary of the investigation and resulting action taken, if any, in the record. These records must be included in the driver's or attendant's file or in a separate file kept by the provider.

History

Statutory Authority: MS s 174.30
History: L 1984 c 654 art 5 s 58; 17 SR 634; L 1992 c 571 art 14 s 13; L 2000 c 478 art 2 s 7; L 2001 1Sp9 art 14 s 35; 28 SR 1578; L 2014 c 180 s 9; L 2015 c 71 art 11 s 65; 48 SR 155

Minn. R. 8840.5910 Driver and Attendant Training Requirements

Subpart 1. Training required before providing special transportation service.

Before providing special transportation service, each driver and attendant must complete:

A. orientation to issues and instructions related to transporting passengers;

B. instruction in operating the radio, cellular telephone, or other means of two-way communication required by part 8840.5925, subpart 1, item D;

C. instruction and demonstration in operating the vehicle ramp, wheelchair lift, and wheelchair securement devices, if the vehicle is so equipped;

D. instruction in what to do and whom to call in a medical emergency or an accident, including training in the use of the fire extinguisher and use of emergency triangles under part 8840.5950, subpart 4;

E. except for attendants, instruction in conducting the daily vehicle inspection required by part 8840.5950, subpart 1, item B;

F. instruction in maintaining the cleanliness of the vehicle, sanitization of the vehicle, and use of the body fluids cleanup kit under part 8840.5925, subpart 1, item C; and

G. for drivers, evaluation of behind-the-wheel skills, including defensive driving, merging, lane changing, right turns, left turns, backing, railroad crossing, and parking.

Subp. 2. Additional training required.

Within 45 days after beginning to provide special transportation service, each driver and attendant shall complete:

A. four hours of training in first aid, except that this requirement does not apply to a person who possesses a current first aid certificate taught by a certified instructor using a certified course under part 8840.6200 or who possesses a current certificate issued under Minnesota Statutes, section 144E.27;

B. except for attendants, four hours of classroom instruction in defensive driving;

C. abuse-prevention training described in subpart 8; and

D. the passenger assistance training described in subparts 5, 5a, 6, and 6a, as applicable.

Subp. 3.

[Repealed, 28 SR 1578]

Subp. 4. First aid training.

Each driver and attendant shall successfully complete a first aid or emergency-care course of not less than four hours that must include instruction in:

A. preliminary treatment of shock;

B. control of bleeding;

C. airway management;

D. prevention and treatment of frostbite and exposure to cold;

E. prevention and treatment of heat exhaustion and heat stroke;

F. recognition of sudden illness such as stroke, heart attack, convulsions, fainting, and seizures;

G. recognition of medical complications related to diabetes, hyperglycemia, and hypoglycemia;

H. mental health first aid, including recognizing signs of a mental health emergency or panic attack; and

I. when and how to summon emergency medical assistance services.

Subp. 5. Passenger assistance training.

Each driver and attendant who transports passengers seated in wheelchairs or who assists passengers in transferring from a wheelchair to a vehicle shall complete a minimum of eight hours of training in the techniques of transporting and assisting the elderly and passengers with physical disabilities. Passenger assistance training must include:

A. discussion of functional limitations of the aging process and major disabling conditions and how those conditions affect mobility and communication, including:

B. description of the uses, functions, and limitations of assistive devices used by the elderly and persons with disabilities and the means of providing assistance to persons using those devices as well as securing those devices and periphery items such as baggage, oxygen tanks, and other medical equipment;

C. discussion of attitudes toward the elderly, children, and persons with mental and physical disabilities, which, when possible, includes the participation of the elderly and persons with disabilities;

D. discussion of strategy and available resources for situations where communications may be limited due to language barriers;

E. discussion of the effect of mobility impairments, medication, mental health, and past experiences on passengers and how to behave in a sensitive and professional manner;

F. discussion, demonstration, and practice by students in methods of:

G. if the service transfers passengers from a wheelchair to a seat, discussion and demonstration of communicating with, moving, lifting, and transferring passengers, including assisted and unassisted transfers, two-handed transfers, and standing transfers;

H. instruction in guidelines for appropriate handling of a vehicle transporting persons with disabilities that includes instruction that passengers may have balance or mobility problems and may not be able to grab railings or brace themselves for sudden stops, sharp turns, or other uneven or abrupt maneuvers;

I. discussion and demonstration of placing the assistive devices, operating the lifts, ramps, and wheelchair securement devices, and using them if the vehicle to be operated is equipped with them;

J. discussion and demonstration of the assistance to be offered to ambulatory passengers, including assistance for standing, sitting, and going up and down steps and curbs;

K. discussion of common assistive devices including:

L. discussion of communicating safety concerns related to assistive and mobility devices during transportation.

Subp. 5a. Stretcher transportation assistance training.

In addition to the training required under subpart 5, each driver and attendant who transports passengers on a stretcher shall complete a minimum of two hours of training in the techniques of transporting the elderly and passengers with disabilities who use or require a stretcher for transportation.

Subp. 6. Ambulatory passenger assistance training.

Each driver and attendant who transports the elderly and passengers with physical disabilities who do not use stretchers or wheelchairs, or who transports passengers who do not transfer from a wheelchair to a seat in the vehicle, shall complete a minimum of four hours of training in the techniques of transporting and assisting the elderly and passengers with physical disabilities. The training must include instruction in the elements listed in subpart 5, items A to E and H to L.

Subp. 6a. Child passenger restraint system training.

Each driver and attendant who transports passengers that require a child passenger restraint system shall complete a minimum of three hours of training in the techniques of the use of child passenger restraint systems and securement of child passengers.

Subp. 7.

[Repealed, 28 SR 1578]

Subp. 8. Abuse-prevention training.

Each driver and attendant shall successfully complete an abuse-prevention training course of not less than four hours that must include instruction in statutes, rules, and applicable procedures relating to:

A. sexual abuse or misconduct;

B. the protection of vulnerable adults;

C. the maltreatment of minors;

D. the appropriate response to victims of abuse, neglect, maltreatment, or sexual misconduct; and

E. the reporting requirements for incidents of abuse, neglect, maltreatment, or misconduct.

Subp. 9. Refresher course and continuing education.

Each driver and attendant shall successfully complete within three years from the date the driver or attendant completed the training required in subpart 2, and every three-year period thereafter:

A. a four-hour refresher first aid or emergency-care course, which must include instruction in the elements listed in subpart 4;

B. two hours of abuse prevention training;

C. two hours of training in securement for the modes of transportation the driver or attendant provide;

D. except for attendants, two hours of classroom instruction in defensive driving;

E. two hours of training in issues relating to passenger assistance and abuse prevention; and

F. three hours of continuing education related to providing special transportation service.

Subp. 10. Commissioner to consider training equivalents.

If a provider employs a driver or attendant who has previously completed a training the provider believes is equivalent to, or is more extensive than, the requirements of this part, the provider may submit evidence to the commissioner. The commissioner shall follow the same procedures as in part 8840.6200 in determining whether the training taken meets or exceeds the requirements of this part. The commissioner shall send the requesting provider written notification of the decision within 30 days. If the training is found to meet or exceed the requirements of this part, the provider must keep the commissioner's notification in the affected driver's or attendant's file.

Subp. 11. Course content.

All training courses described in this part must include proficiency testing. Courses must be taught in person unless preapproved by the commissioner under part 8840.6200.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; L 2005 c 56 s 2; L 2013 c 62 s 32; 48 SR 155

Minn. R. 8840.5925 Vehicle Equipment

Subpart 1. Safety equipment.

When in use, each vehicle must carry the following safety equipment:

A. The vehicle must carry a fully charged, dry chemical, fire extinguisher that has not less than a 5B:C rating and a gauge indicating the charge level of the fire extinguisher. Passenger automobiles that are not vans may carry the fire extinguisher in the trunk of the vehicle if the following notice is affixed to the dashboard of the vehicle: "A fire extinguisher is in the trunk of this vehicle." In other vehicles, the fire extinguisher must be securely mounted in a bracket and readily accessible to the driver in case of emergency.

B. The vehicle must carry an emergency first aid kit in a dust-proof container, labeled "FIRST AID." The kit must contain at least the following items:

C. The vehicle must carry a body fluids cleanup kit in a dust-proof container. The kit must be labeled in a way that indicates it is a body fluids cleanup kit.

D. The vehicle must be equipped with a working radio, cellular telephone, or other means of two-way communication. If a cellular telephone is used to satisfy this requirement, the vehicle must meet the hands-free standards under Minnesota Statutes, section 169.475.

E. The vehicle must carry an operable flashlight.

F. When a vehicle carries a child under the age of eight and shorter than four feet nine inches, the child must be transported in a manner that complies with Minnesota Statutes, section 169.685.

G. When necessary for securement of passengers, the vehicle must include a seat belt extender that meets the specifications of the manufacturer.

H. The vehicle must carry three emergency warning triangles. Both faces of each triangle must consist of red reflective and orange fluorescent material. Each of the three sides of the triangular device must be 17 to 22 inches long and two to three inches wide. The units must be kept clean and in good repair and stored so as to be readily available when needed.

I. Each vehicle must carry an ice scraper from October 1 to April 30, and each vehicle must carry a blanket at all times.

J. Vehicles with interior fuse boxes must carry extra electrical fuses.

K. The vehicle must carry a tool designed and used for cutting securement straps. The tool must not have an exposed sharp edge or be of a type that could be used as a weapon.

Subp. 2. Seats.

Seats must be securely fastened to the floor or frame of the vehicle. Vehicles, except type I school buses, displaying a current certificate issued by the commissioner of public safety, must have a usable seat belt for each person being transported and for the driver.

Subp. 3. Ramps.

Ramps must have a slip-proof surface to provide traction. One end of the ramp must be secured to the floor of the vehicle when the ramp is in use. Ramps must conform to the requirements of Code of Federal Regulations, title 49, section 38.23, paragraph (c), which is incorporated by reference.

Subp. 4. Wheelchair lifts, requirements.

A vehicle that is equipped with a wheelchair lift and carries semiambulatory persons who use the wheelchair lift must be equipped with either a wheelchair lift with an adjustable or removable railing 28 inches to 36 inches high on one side of the lift or with a folding wheelchair stored on the vehicle when it is in use.

A wheelchair lift must conform to the requirements of Code of Federal Regulations, title 49, section 38.23, paragraph (b), which is incorporated by reference.

Subp. 5. Securement devices.

Vehicles that carry occupied stretchers or litters must comply with requirements for securement devices in Minnesota Statutes, section 144E.103, and the federal ambulance standards as they apply to stretcher or litter securement devices referenced in part 4690.1500, subpart 2. Vehicles that carry wheelchairs must comply with the requirements for securement devices in parts 7450.0100 to 7450.0800.

Subp. 6. Vehicle identification.

Every vehicle must display on both sides the provider's business name and the provider's United States Department of Transportation (USDOT) number. The name and numbers must be marked in colors that sharply contrast with the background, be readily legible during daylight hours from a distance of 50 feet while the vehicle is stationary, and be maintained in a manner that retains the legibility of the markings. The markings may be shown by use of a removable device if that device meets the identification and legibility requirements of this subpart.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; 48 SR 155

Minn. R. 8840.5940 Vehicle Construction Standards

Subpart 1. Rollover protection.

This subpart applies to all kinds of vans and buses but does not apply to passenger cars, taxis, or station wagons. A special transportation service vehicle must meet federal motor vehicle safety standard number 216 or 220, roof crush resistance or school bus rollover protection, found in Code of Federal Regulations, title 49, sections 571.216 and 571.220, which are incorporated by reference. For a vehicle subject to this subpart, the provider must obtain from the manufacturer or from the person who manufactures, constructs, or reconstructs the roof of the vehicle, certification that the vehicle meets the requirements of federal motor vehicle safety standard number 216 or 220. The certification must be in a form prescribed by the commissioner and must contain the following information:

A. the vehicle identification number;

B. the make, model, and year of manufacture of the vehicle; and

C. a statement that the vehicle was constructed according to standards that have been tested and found to meet the performance requirements for roof crush resistance or school bus rollover protection established by federal motor vehicle safety standard number 216 or 220.

Subp. 1a. Evidence for vehicle with remanufactured roof.

If the roof of the vehicle has been altered, the certification must contain:

A. the vehicle identification number;

B. the vehicle's make, model, and year of manufacture;

C. a statement from the person who alters the roof of the vehicle that the vehicle was constructed according to standards that have been tested and found to meet the performance requirements for rollover protection established by federal motor vehicle safety standard number 220;

D. the name, address, and telephone number of the manufacturer or person who altered the roof of the vehicle;

E. the name, address, and telephone number of the laboratory or testing facility that conducted tests on the manufacturer's or other person's test specimen and certified that a vehicle built to the design and construction standards used in the test specimen meets the performance requirements of federal motor vehicle safety standard number 220;

F. the date the test was conducted; and

G. the name, address, and telephone number of the provider to whom the vehicle described on the form was supplied.

Subp. 1b. Alternative evidence for vehicle with remanufactured roof.

Instead of the statement prescribed in this part, the provider may submit to the commissioner literature, letters, and memoranda from the manufacturer or other person who constructs or reconstructs the vehicle or from the testing facility if those documents establish that the vehicle meets the performance standards of federal motor vehicle safety standard number 220.

Subp. 2. Emergency exits.

If a vehicle is equipped with a wheelchair lift, it must have a front entrance door in addition to the lift door.

If a vehicle is designed to carry more than ten persons, it must comply with the requirements of federal motor vehicle safety standard number 217, found in Code of Federal Regulations, title 49, section 571.217, which is incorporated by reference.

If a vehicle is designed to carry ten or fewer persons, it must also be constructed with one of the following:

A. windows that open;

B. at least one roof hatch; or

C. a rear exit door that can be opened from both the inside and the outside of the vehicle. The location of exits must be marked on the interior and exterior of vehicles except for passenger cars, taxis, and station wagons.

Subp. 3. Holes.

The vehicle must be free from unnecessary holes or openings.

Subp. 4. Doors and windows.

Doors and windows must open and close as intended by the manufacturer.

Subp. 5. Door heights.

This subpart applies to all kinds of vans and buses but does not apply to passenger cars, taxis, and station wagons. The door height of vehicles must conform to the requirements of Code of Federal Regulations, title 49, section 38.25, paragraph (c), which is incorporated by reference.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; 48 SR 155

Minn. R. 8840.5950 Standards for Operation of Vehicles

Subpart 1. Operation.

Standards for vehicle operation are as follows:

A. Vehicles must be operated in compliance with Minnesota Statutes, chapter 169, and rules adopted under that chapter.

B. Providers shall conduct or cause to be conducted, a daily visual safety inspection. The provider shall maintain a record that shows the date and mileage at each safety inspection and a notation of needed repairs and replacements. The record must be maintained on a form prescribed by the commissioner or on a form that contains the same information. The safety inspection must include inspection of the:

Subp. 2. Smoking.

Smoking and vaping are prohibited in vehicles at all times. A sign stating "NO SMOKING" must be posted in the vehicle so that it is visible to all passengers. If this subpart is violated, the provider must have the vehicle thoroughly cleaned so as to be odor free before returning the vehicle to service.

Subp. 3. Seat belts.

Drivers and passengers shall use seat belts at all times. Drivers shall instruct each passenger to use the seat belt. Before pulling away from a stop, drivers shall make sure that passengers are seated with seat belts secured. Children under the age of eight and that are shorter than four feet nine inches shall use approved child-restraint systems at all times. This subpart does not apply to persons exempted by Minnesota Statutes, sections 169.685, subdivision 6, paragraph (b), and 169.686, subdivision 2, clause (3).

Subp. 3a. Heating and air-conditioning.

All heating and air-conditioning units the vehicle is equipped with must be functional.

Subp. 4. Emergency stopping.

When a vehicle is stopped for an emergency purpose or is disabled on the roadway or shoulder of a highway outside a business or residence district during the time when lighted lamps must be displayed, the driver shall promptly place an emergency warning triangle on the roadway on the traffic side of the vehicle ten feet from the vehicle in the direction of approaching traffic. A second emergency warning triangle must be placed approximately 100 feet from the vehicle in the direction of approaching traffic. If the vehicle is stopped or disabled on a one-way roadway, the driver shall place an additional warning triangle approximately 200 feet from the vehicle in the direction of approaching traffic.

Subp. 5. Emergency policy.

Each provider shall develop a written policy that describes what action the driver or attendant must take in the event of an accident or emergency. If a driver or attendant fails to follow this written policy, the driver or attendant must retake the training under part 8840.5910, subpart 1, item D, before the driver or attendant can be used by the provider to perform special transportation service.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; 48 SR 155

Minn. R. 8840.5975 Standards for Maintenance

Subpart 1. Maintenance.

Standards for vehicle maintenance are as follows:

A. Vehicles must be maintained in accordance with the manufacturer's recommended maintenance schedule or an improved schedule based on actual vehicle operating conditions.

B. Providers shall correct a deficiency that might interfere with the safe operation of the vehicle before the vehicle is placed in service.

C. Windows and lights must be kept clean.

D. The interior of vehicles must be kept clean so as to be free from debris, tripping hazards, dirt, grease, body fluids, and other offensive matter and in good repair.

Subp. 2. Wheelchair lifts.

Wheelchair lifts must be maintained in conformance with the manual and instructions provided by the lift manufacturer. When the provider has the vehicle serviced, it shall instruct the mechanic or service facility to inspect, repair, or service the lift in accordance with the manufacturer's instructions.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; 48 SR 155

Minn. R. 8840.6000 Insurance

Subpart 1. Minimum coverage.

A provider shall have in effect an insurance plan that provides the following minimum coverage for each vehicle:

A. basic economic loss benefits as required by Minnesota Statutes, chapter 65B;

B. residual liability coverage in the amount of $500,000 combined single limit; and

C. uninsured and underinsured motorist coverage as required by Minnesota Statutes, chapter 65B.

Subp. 2. Certificate of insurance.

A provider shall obtain a certificate of insurance for the special transportation service vehicles it operates, on a form E, "Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance," incorporated by reference in part 8840.5500. The provider's insurer shall mail the certificate of insurance to the Minnesota Department of Transportation as required by part 8840.5500, subpart 2, item B, subitem (1).

Subp. 3. Self-insurer.

A provider may qualify as a self-insurer by providing evidence that it has complied with the requirements of Minnesota Statutes, section 65B.48, subdivision 3.

Subp. 4. Cancellation of insurance.

A certificate of insurance, form E filing, may only be canceled by filing with the commissioner a form K, "Uniform Notice of Cancellation of Motor Carrier Insurance Policies," under Code of Federal Regulations, title 49, part 1023, Appendix (1992), which is incorporated by reference except for the last paragraph of form K. A cancellation notice takes effect 30 days from the day the form K is received by the commissioner. The provider's insurer shall mail the certificate of insurance to the Minnesota Department of Transportation.

Subp. 5. Grounds for suspension.

A certificate of compliance is suspended if the provider fails to maintain and file with the commissioner the insurance required by this chapter. In order to avoid cancellation of the certificate, the provider must do one of the following within 45 days from the date of suspension:

A. comply with the rules in this chapter by filing proof of insurance; or

B. request a hearing before the commissioner regarding failure to comply with the rules.

Subp. 6. Suspension rescission.

If the provider complies with the requirements of this chapter within 45 days after the date of suspension, the commissioner shall rescind the suspension.

Subp. 7. Hearing.

If the provider requests a hearing within 45 days after the date of suspension, the commissioner shall review the suspension and:

A. determine that the carrier has complied with the rule and cancel the suspension;

B. for just cause, grant an extension that must not exceed 20 days; or

C. schedule a hearing to ascertain whether the provider has failed to comply with the rule. On determining at the conclusion of the hearing that the carrier has failed to comply with the rule, the commissioner shall cancel the provider's suspended certificate.

Subp. 8. Grounds for cancellation.

Except as provided in subpart 10, failure to comply with the requirements of subpart 5 within 45 days of the date of suspension, is deemed abandonment of the provider's certificate and the certificate must be canceled by the commissioner.

Subp. 9. Notice of cancellation.

The commissioner shall notify the provider by certified mail, return receipt requested, that the certificate is canceled effective on the date of mailing the notice of cancellation.

Subp. 10. Reinstatement after cancellation.

A provider whose certificate is canceled for failure to comply with the insurance requirements may ask the commissioner to review the cancellation. Upon review, the commissioner shall rescind the cancellation if:

A. the provider presents evidence showing that before the effective date of the notice of cancellation issued under subpart 9, the provider had obtained and paid for the insurance required by this chapter; and

B. the commissioner is satisfied that the provider has complied with the insurance requirements of this chapter.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; 48 SR 155

Minn. R. 8840.6100 Records

Subpart 1. Availability to commissioner.

A provider shall keep the records required in this chapter and in Minnesota Statutes, section 174.30. The records must be kept on a form prescribed by the commissioner or on a form that contains the same information as the commissioner's prescribed form. Records may be kept electronically but must be kept in such a manner that they may be presented upon request by the commissioner at the provider's principal place of business.

Subp. 2.

[Repealed, 28 SR 1578]

Subp. 3. Drivers.

A provider shall maintain for each driver, a file that contains the following information:

A. the name, as it appears on the driver's license, address, and birthdate of the driver;

B. the driver's license number and class of the license;

C. whether the driver's record meets the standards of part 8840.5900, subpart 11, the date the driver's record was last checked, and the name of the person who checked the driver's record;

D. the date the driver first provided special transportation service for the provider;

E. the certificate of course completion showing that:

F. a statement that must:

G. for each driver, the medical examiner's certificate or other alternate information allowed under Minnesota statutes or rules and a copy of the documents providing that information; and

H. for each driver, documentation from the Department of Human Services determining the eligibility of the driver under the background study required by Minnesota Statutes, section 174.30, subdivision 10, paragraph (b).

Subp. 4. Attendants.

A provider shall maintain for each attendant, a file that contains the following information:

A. the name, as it appears on government-issued identification, and address of the attendant;

B. the date the attendant first provided assistance in special transportation service for the provider;

C. the certificate of completion showing that:

D. for each attendant, documentation from the Department of Human Services determining the attendant's eligibility.

Subp. 5. Correspondence with commissioner.

A provider shall maintain files that contain all correspondence with the commissioner, including the certificate of compliance.

Subp. 6. Accidents.

A provider shall maintain files that contain all accident records, including for each accident the following information:

A. date of the accident;

B. city or town in which or most near where the accident occurred;

C. driver name;

D. number of injuries or fatalities;

E. description of the accident;

F. number of passengers in the vehicle at the time of the accident;

G. the vehicle identification number of the vehicle involved in the accident;

H. whether the driver was convicted of a moving violation for driving conduct that led to the accident; and

I. copies of all accident reports required by state or other governmental entities or insurers. "Accident" means an occurrence involving a motor vehicle that results in:

Subp. 7. Insurance claims.

A provider shall maintain files that contain a record of insurance claims arising from the operation of the vehicle or a photocopy of claims documents submitted to an insurer.

Subp. 8. Vehicle and wheelchair lift service records.

A provider shall maintain files that contain service records for each vehicle and wheelchair lift indicating the date, the odometer reading, and the nature of the inspection, repair, or maintenance each time the vehicle or wheelchair lift was serviced.

Subp. 8a. Trip records.

A provider shall maintain files that contain records of the date, time, and driver name for each special transportation service trip provided under the provider's certificate of compliance.

Subp. 9. Safety inspection and maintenance records.

A provider shall maintain files that contain:

A. the safety inspection records described in part 8840.5950, and maintenance records described in part 8840.5975 for each vehicle, unless it is maintained in the vehicle; and

B. the certification of compliance with federal motor vehicle safety standard number 216 or 220 or equivalent documentation required by part 8840.5940, subpart 1.

Subp. 10. Retention.

A provider shall keep the records required under this chapter for a minimum of three years, except that the daily safety inspection records required under part 8840.5950 must be kept for only a three-month period.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; L 2005 c 56 s 2; 48 SR 155

Minn. R. 8840.6200 Certification of Training Courses and Instructors

Subpart 1. Commissioner approval.

Training courses and instructors must be approved by the commissioner before being offered to fulfill the requirements of parts 8840.5100 to 8840.6300.

Subp. 2. Application form.

The application for approval of a training course and instructor must be made on a form prescribed by the commissioner.

Subp. 3. Minimum standards.

The commissioner shall approve a course and instructor if they meet the following minimum standards:

A. The course must include instruction, demonstration, discussion, and, when applicable, an opportunity for student practice in the elements required by these standards.

B. The application must specify when and where the instructor has previously taught the course.

C. The name, address, employment, and relevant training of the instructor must be shown, and information showing that the instructor meets the standards under subpart 4.

D. The name and address of any institution that is sponsoring the course must be shown.

E. An application for certification of a continuing education course must include the following information:

Subp. 4. Instructors.

Standards for instructors are as follows:

A. A first aid course must be taught by any person who is a licensed physician, registered nurse, licensed practical nurse, a paramedic, an emergency medical technician, a certified first aid instructor, or a physician assistant.

B. Passenger assistance training must be taught by a person who is a licensed physician; registered nurse; registered physical therapist; registered occupational therapist; public health nurse as defined in Minnesota Statutes, section 145A.02, subdivision 18; or other person who has had work experience interacting with people who have disabilities, aging, and communication disorders, and how those disabilities, aging, and communication disorders may affect transportation; or by a team that includes one of those persons.

C. Training required before providing special transportation service and continuing education courses must be taught by a person who is knowledgeable in the specific topic of instruction for the course. The person's qualifications must be documented by specialized training in the subject matter, experience in teaching the subject matter, or experience in working in the subject areas.

Subp. 5. Written answer.

The commissioner shall grant or deny, in writing, applications for approval of training courses and instructors within 30 days of receipt of the complete application.

Subp. 5a. Certification expiration.

Certification of a course or instructor expires three years from the date it is issued.

Subp. 6.

[Repealed, 48 SR 155]

Subp. 7. Certificate of course completion.

For each training course given under part 8840.5910, a certificate of course completion must be completed by the instructor or the sponsoring organization for each driver and attendant who successfully completed the training course.

Subp. 8. Application information kept current.

An instructor, while certified, must notify the commissioner in writing of any change in the application information.

History

Statutory Authority: MS s 174.30
History: L 1987 c 309 s 24; 17 SR 634; 28 SR 1578; L 2014 c 291 art 4 s 58; 48 SR 155

Minn. R. 8840.6250 Audit of Courses

Subpart 1. Auditing authority.

The commissioner may audit courses approved under part 8840.6200. The audit may include course inspection, classroom observation, review of instructor qualifications, and student interviews. Instructors must provide upon the commissioner's request the date, time, and location of upcoming courses.

Subp. 2. Rescinding certification.

The commissioner shall rescind certification of the course, the instructor, or both if:

A. an instructor refuses to allow an audit of a course approved under part 8840.6200;

B. after auditing a course, the commissioner determines the course materials or instructions do not meet the standards in parts 8840.5910 and 8840.6200; or

C. the instructor issues a false or fraudulent certificate of course completion.

Subp. 3. Appeal of certification rescission.

An instructor who wants to contest a rescission of certification must follow the procedures in part 8840.6400.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; 48 SR 155

Minn. R. 8840.6300 Variance

Subpart 1. Elements.

The commissioner may grant a variance from parts 8840.5100 to 8840.6300, except part 8840.5400. To request a variance, an applicant must submit a petition containing all information required by Minnesota Statutes, section 14.056, subdivision 1, and demonstrate that:

A. the rationale for the rule or rules in question can be met or exceeded by the specific alternative practice which the applicant proposes to substitute;

B. the application of the rule in question would impose an excessive burden on the applicant; and

C. the granting of the variance will not adversely affect the public health and safety.

Subp. 1a. Consultation with Council on Disability.

Before granting a variance, the commissioner shall consult with the Minnesota State Council on Disability. The commissioner shall provide to the council a copy of the variance application, documents filed by the provider or other persons that support or oppose the variance, and other material that the commissioner intends to consult in deciding whether to grant or deny the variance. The commissioner shall not provide information that is classified as private, confidential, nonpublic, or protected nonpublic data under the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13. The commissioner shall transmit the relevant information to the council on receipt of the variance application and shall tell the council when the 30-day period for granting or denying the variance will expire. If the council chooses to make a recommendation to the commissioner, it shall do so in writing at least seven days before the 30-day period expires.

Subp. 2. Written answer in 30 days.

The commissioner shall set forth in writing the reasons for granting or denying the variance within 30 days of receiving the application. If the variance is denied, the applicant may, within 30 days of receiving notice of the denial, request a contested case hearing. The commissioner shall notify the Minnesota State Council on Disability of each grant or denial of a variance and each request for a contested case hearing on a variance denial.

Subp. 3. Compliance.

Any special transportation service provider that is granted a variance shall comply with the alternative practice specified in its successful application for a variance.

Subp. 4. Material change in circumstances.

Any special transportation service provider that has been granted a variance shall immediately notify the Department of Transportation if any material change occurs in the circumstances which justified granting the variance.

Subp. 5. Revocation of variance.

A variance must be revoked if a material change occurs in the circumstances that justified the variance or if the applicant fails to comply with the alternative practice specified in the application for a variance. The commissioner shall notify the Minnesota State Council on Disability of each variance revocation.

Subp. 6. Conditions and duration.

The commissioner may impose conditions on the granting of a variance according to Minnesota Statutes, section 14.055. The commissioner may limit the duration of a variance and may renew a variance.

History

Statutory Authority: MS s 174.30
History: 17 SR 634; 28 SR 1578; 48 SR 155

Minn. R. 8840.6400 Administrative Hearing

A person who disagrees with a decision or order of the commissioner issued pursuant to this chapter may request a contested case hearing. The request for a contested case hearing must be submitted in writing to the commissioner within 30 days, or within 45 days if submitted pursuant to part 8840.6000, subpart 7, of the date of the commissioner's decision or order. The request for a contested case hearing must set out in detail the reasons why the person contends the decision of the commissioner should be reversed or modified. If the commissioner receives a written request for a contested case hearing, the commissioner must schedule a hearing within 30 days after the request is received under the procedures in Minnesota Statutes, chapter 14, and the rules of the Office of Administrative Hearings.

Unless otherwise provided by law, a demand for a hearing does not stay the effective date of a suspension, revocation, or cancellation order.

The decision of the administrative law judge will be submitted to the commissioner for the commissioner's adoption. The commissioner's decision on the issue under appeal is the final decision of the department.

History

Statutory Authority: MS s 174.30
History: 28 SR 1578

Chapter 8850 MOTOR CARRIER SAFETY

Minn. R. 8850.6900 Definitions

Subpart 1. Scope.

Unless otherwise provided, the terms used in parts 8850.6900 to 8850.9050 and 8855.0300 to 8855.0850 have the meanings given them in this part.

Subp. 2.

[Obsolete, L 1998 c 403 s 18,29]

Subp. 3. Carrier.

"Carrier" includes motor carriers, private carriers, exempt carriers engaged in intrastate commerce, and for hire and private carriers engaged in interstate commerce.

Subp. 4.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 5. Certificate of insurance.

"Certificate of insurance" means the document issued by an insurer that states that the insurer provides the coverage required by Minnesota Statutes, section 221.141.

Subp. 6.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 7. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Transportation.

Subp. 8. Employ.

"Employ" means to require, to use, or to permit a person to drive a motor vehicle in furtherance of the carrier's business, whether or not the carrier owns the vehicle.

Subp. 9. Exempt carrier.

"Exempt carrier" means a carrier described in Minnesota Statutes, section 221.025.

Subp. 10. Interstate carrier.

"Interstate carrier" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 20.

Subp. 11.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 12.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 13. Motor carrier.

"Motor carrier" means a carrier operating for hire under authority of Minnesota Statutes, chapter 221 and, for purposes of this chapter, does not include interstate carriers.

Subp. 14. Owner.

"Owner" means a person to whom a certificate of title to equipment has been issued, or who has lawful possession of equipment.

Subp. 15. Permit.

"Permit" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 29.

Subp. 16. Person.

"Person" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 31.

Subp. 17.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 18. Petroleum transport.

"Petroleum transport" means a vehicle, trailer, or semitrailer with a tank (1) that is mounted on it or made an integral part of it, other than the fuel supply tank for the engine of that vehicle, (2) that is filled or emptied while on the vehicle, and (3) that is used to transport petroleum products in bulk.

Subp. 19. Private carrier.

"Private carrier" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 35.

Subp. 20.

[Repealed, L 2005 1Sp6 art 3 s 108]

Subp. 21. Responsible official.

"Responsible official" means an officer or the owner of the applicant or carrier or a person to whom authority to sign applications, renewals, and other documents filed by the applicant or carrier has been delegated in writing by the owner or the board of directors.

Subp. 22. Vehicle.

"Vehicle" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 42.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38; L 1998 c 403 s 18,29; L 2003 1Sp19 art 2 s 79; L 2005 1Sp6 art 3 s 108

Minn. R. 8850.7000 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8850.7025 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8850.7040 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8850.7100 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8850.7200 Intrastate Driver Qualifications; Physical, Waiver

A person who is not physically qualified to drive under Code of Federal Regulations, title 49, section 391.41, paragraph (b)(1) or (b)(2), as amended through October 1, 1987, and who is otherwise qualified to drive a motor vehicle, may drive a motor vehicle if the commissioner grants a waiver to that person under parts 8850.7200 to 8850.7675. Parts 8850.7200 to 8850.7700 apply only to drivers providing intrastate transportation.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7250 Intrastate Transportation; Waiver Submission

Subpart 1. Joint submission.

A letter of application for a waiver under part 8850.7200 may be submitted jointly by the driver applicant who seeks a waiver of the physical disqualification and by the carrier that will employ the driver applicant if the application is granted. The application must be submitted to the Office of Motor Carrier Services, Minnesota Department of Transportation.

Subp. 2. By driver applicant.

A letter of application for a waiver may be submitted by a driver applicant alone. The driver applicant shall comply with the requirements of part 8850.7300, except item A, subitem (1). The driver applicant shall provide the information in part 8850.7300, item B, if the information is known to the driver.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7300 Waiver Application Contents

A letter of application for a waiver under part 8850.7200 must contain:

A. the name and address of the applicant, including:

B. a description of the type of operation the driver will be employed to perform, including:

C. the number of years the driver has operated the type of vehicle for which a waiver is requested and the total years of experience operating all types of motor vehicles;

D. a description of the vehicle that the driver applicant intends to drive, including:

E. a certification that the driver is otherwise qualified, as follows:

F. the signature of the applicant as follows:

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7350 Documents Accompanying Waiver Application

The letter of application for a waiver under part 8850.7200 must be accompanied by:

A. A copy of the results of the medical examination performed according to Code of Federal Regulations, title 49, section 391.43, as amended through October 1, 1987.

B. A copy of the medical certificate completed according to Code of Federal Regulations, title 49, section 391.43, paragraph (e), as amended through October 1, 1987.

C. A medical evaluation summary completed by either a board-qualified or board-certified physiatrist (doctor of physical medicine) or orthopedic surgeon. The coapplicant carrier or the driver applicant shall provide the physiatrist or orthopedic surgeon with a description of the job tasks the driver applicant will be required to perform.

D. A description of the prosthetic or orthotic device worn by the driver applicant, if any.

E. A copy of the driver applicant's road test administered by the carrier coapplicant and the certificate issued under Code of Federal Regulations, title 49, section 391.31, paragraphs (b) to (g), as amended through October 1, 1987. A driver applicant is responsible for having a road test administered by a carrier or a person competent to administer the test and evaluate its results.

F. A copy of the driver applicant's application for employment completed according to Code of Federal Regulations, title 49, section 391.21, as revised through October 1, 1987. A driver applicant is responsible for submitting a copy of the employment application for the last commercial driving position held by the applicant. If not previously employed as a commercial driver, the driver applicant must so state.

G. A copy of the driver applicant's state motor vehicle driving record for the past three years from each state where the driver had a motor vehicle driver's license or permit.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7400 Agreement

A carrier that employs a driver with a waiver under part 8850.7200 agrees to:

A. evaluate the driver granted a waiver for those nondriving, safety-related job tasks associated with the type of trailer to be used and any other nondriving, safety-related or job-related tasks unique to the operations of the employing carrier;

B. use the driver to operate the type of motor vehicle defined in the waiver only when the driver is in compliance with the conditions of the waiver; and

C. file documents and information with the commissioner within 30 days of the occurrence of the following events: a violation of a motor vehicle and motor carrier law or rule; an accident; an arrest; a license suspension, revocation, or withdrawal; and a conviction that involves the driver applicant. This item applies whether the driver's waiver is a unilateral one or has a coapplicant carrier.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7450 Driver Supplies Copy

The driver shall give each employing carrier a copy of the waiver.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7500 Evaluation of Driver's Ability

The commissioner may require a driver applying for a waiver under part 8850.7200 to demonstrate ability to safely operate the motor vehicle the applicant intends to drive. During the demonstration, the driver's ability to perform pretrip and post trip inspections and driving performance must be evaluated. Nondriving, safety-related tasks or other nondriving tasks unique to the type of trailer or other carrier operation must not be evaluated during this demonstration.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7550 Extent of Waiver

The commissioner may deny the application for waiver under part 8850.7200 or may grant it totally or in part and may issue the waiver subject to terms, conditions, and limitations that protect the traveling public. A waiver is valid for a period not longer than two years from the date of issue and may be renewed 30 days before the expiration date.

The commissioner shall grant or deny the waiver in writing within 30 days from the date that the required information has been submitted.

A denial of the waiver must state the reason for the denial.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7600 Waiver Renewal Application; Required Information

The application to renew a waiver granted under part 8850.7200 must be submitted to the commissioner. It must contain:

A. the name and complete address of the carrier currently employing the applicant;

B. the name and complete address of the driver;

C. the effective date of the current waiver;

D. the expiration date of the current waiver;

E. the total miles driven under the current waiver;

F. the number of accidents incurred by the driver while driving under the current waiver, including the date of the accident, the number of fatalities, the number of injuries, and the estimated dollar amount of property damage;

G. the driver's signature and date signed;

H. the carrier coapplicant's signature and date signed;

I. notification of a change in the type of vehicle the driver will operate;

J. a copy of the driver's current state motor vehicle driving record for the period of time the current waiver has been in effect;

K. a current medical examination report; and

L. a medical evaluation summary according to part 8850.7350, item C, if an unstable medical condition exists. Disabilities conditions classified under Code of Federal Regulations, title 49, section 391.41, paragraph (b)(1), as amended through October 1, 1987, are considered unstable. A board-certified physiatrist (doctor of physical medicine) or orthopedic surgeon shall determine whether a condition described in Code of Federal Regulations, title 49, section 391.41, paragraph (b)(2), as amended through October 1, 1987, is medically stable.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38; L 2005 c 56 s 2

Minn. R. 8850.7650 On Granting Waiver

On granting a waiver under part 8850.7200, the commissioner shall notify the driver applicant, and coapplicant carrier if applicable, by letter. The terms, conditions, and limitations of the waiver must be set forth. A carrier shall maintain a copy of the waiver in its driver qualification file. A copy of the waiver must be kept in the carrier's file for three years after the driver's employment is terminated. The driver applicant shall have the waiver or a legible copy of the waiver in possession while on duty.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7675 Resolution of Conflicts of Medical Evaluation

Subpart 1. Applications.

Applications for determination of a driver's medical qualifications under standards in this part must conform to the requirements of this subpart.

A. The application must contain the name and address of the driver, motor carrier, and the physicians involved in the proceeding.

B. The applicant shall submit proof that there is a disagreement between the physician for the driver and the physician for the motor carrier concerning the driver's qualifications.

C. The applicant shall submit a copy of an opinion and report, including the results of tests, of an impartial medical specialist in the field in which the medical conflict arose. The specialist must be one agreed to by the motor carrier and the driver.

D. If the driver refuses to agree on a specialist and the applicant is the motor carrier, the applicant shall submit a statement of agreement to submit the matter to an impartial medical specialist in the field, proof that the applicant has asked the driver to submit to the medical specialist, and the response, if any, of the driver to the request.

E. If the motor carrier refuses to agree on a medical specialist, the driver shall submit an opinion and test results of an impartial medical specialist, proof that the driver has asked the motor carrier to agree to submit the matter to the medical specialist, and the response, if any, of the motor carrier to the request.

F. The applicant shall include a statement explaining in detail why the decision of the medical specialist identified in item C is unacceptable.

G. The applicant shall submit proof that the medical specialist mentioned in item C was provided, before the specialist's determination, the medical history of the driver and an agreed upon statement of the work the driver performs.

H. The applicant shall submit the medical history and statement of work provided to the medical specialist under item G.

I. The applicant shall submit the medical records and statements of the physicians who have given opinions on the driver's qualifications.

J. The applicant shall submit a description and a copy of the written and documentary evidence upon which the party making the application relies.

K. The application must be accompanied by the driver's statement of intent to drive in intrastate commerce or a statement that the carrier has used or intends to use the driver for such work.

L. The applicant shall submit three copies of the application and records.

Subp. 2. Information.

The commissioner may request further information from the applicant if the commissioner determines that a decision cannot be made on the evidence submitted.

Subp. 3. Parties.

For the purposes of this part, a party includes the motor carrier and the driver, or anyone else submitting an application.

Subp. 4. Action.

The commissioner shall make a determination after a hearing has been held under Minnesota Statutes, chapter 14. The decision of the commissioner may be appealed in the manner provided in chapter 14.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7700 Revocation

The commissioner may revoke a waiver only after the person to whom it was issued is given notice of the proposed revocation and has been allowed an opportunity for hearing under Minnesota Statutes, chapter 14.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7750 False Information

Falsifying information in the letter of application, information in the renewal application, or information required by a medical evaluation, by either the applicant or carrier, is prohibited.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.7900 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8850.7950 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8850.8000 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8850.8050 Repealed by subpart

Subpart 1.

[Repealed, 17 SR 634]

Subp. 2.

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8850.8100 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8850.8200 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8850.8250 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8850.8300 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8850.8350 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8850.8400 Inspectors; Vehicles Declared Out of Service

Subpart 1. Inspector's authority.

Every person authorized by Minnesota Statutes, chapter 221 or by other law, to enforce chapter 221 and rules of the commissioner adopted under authority of chapter 221, may inspect vehicles subject to chapter 221.

Subp. 2. Motor vehicles declared out of service.

An authorized person described in subpart 1 shall place out of service a motor vehicle that, because of its mechanical condition or loading, is likely to cause an accident or a breakdown. An "out-of-service vehicle" sticker must be used to mark vehicles that are placed out of service by a motor transportation representative or hazardous material specialist.

Subp. 3. Other forms used.

An authorized person described in subpart 1 who is not employed by the Minnesota Department of Transportation may use citations, checklists, warning tickets, report forms, and "out-of-service vehicle" stickers prescribed by the agency or law enforcement organization employing that person.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38; L 2001 c 213 s 30

Minn. R. 8850.8500 "out-of-Service Vehicle" Sticker

Subpart 1. Statement required.

The "out-of-service vehicle" sticker used by the Minnesota Department of Transportation must contain the following statement:

"Out-of-service vehicle. This vehicle has been declared out of service by the Minnesota Department of Transportation. This vehicle must not be operated until repaired. This sticker may be removed only under the conditions stated on the out-of-service notice. The person responsible for unauthorized removal is liable to penalty under Minnesota Statutes, section 221.291. A person shall not remove this sticker or operate this vehicle until the repairs listed below are completed."

Subp. 2. Space for description.

The "out-of-service vehicle" sticker must contain space for the motor transportation representative or hazardous material specialist to describe the mechanical condition requiring the vehicle to be declared out of service.

Subp. 3. Information required.

The sticker must contain the following information:

A. the make of the power unit;

B. the model year of the power unit;

C. the unit number of the power unit;

D. the power unit license number;

E. the towed unit license number;

F. the make of the towed unit, if known;

G. the unit number of the trailer;

H. the signature of the driver of the vehicle in the space provided; and

I. the signature of the motor transportation representative or hazardous material specialist in the space provided.

Subp. 4. Serial numbering.

The "out-of-service vehicle" stickers must be serially numbered.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.8550 Carrier Responsibility

Subpart 1. Repair before use.

Except as provided in subpart 2, a carrier shall not require or permit a person to operate nor shall a person operate a motor vehicle declared and marked out of service until the repairs required by the out-of-service notice have been satisfactorily completed. In this subpart, "operate" includes towing the vehicle, except that vehicles marked out of service may be towed away by means of a vehicle using a crane or hoist. A vehicle combination consisting of the emergency towing vehicle and the out-of-service vehicle must not be operated unless the combination meets the performance requirements of this chapter except for those conditions noted on the driver, vehicle, and equipment compliance checklist.

Subp. 2. Exception.

A vehicle with an out-of-service defect may be moved under its own power to a place of repair only in the following circumstances:

A. A vehicle transporting hazardous materials requiring the vehicle to be placarded may be escorted to a repair facility or safe parking place.

B. When the imminently hazardous condition is one that is automatically removed by the disconnection of the power unit from the towed unit, the unit that is not out of service may be operated.

C. If it is less hazardous to the public to operate the vehicle than to permit it to remain on the highway, the vehicle may be operated only to the nearest place where repairs can be made safely.

Subp. 3. Prohibition.

A person shall not remove the "out-of-service vehicle" sticker from a motor vehicle before completion of the repairs required by the out-of-service notice.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8850.8800 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8850.8850 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8850.8900 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8850.8950 Drivers Declared Out of Service

Subpart 1. Authority to declare drivers out of service.

A person authorized by Minnesota Statutes, chapter 221, or by other law, to enforce chapter 221 and the rules of the commissioner adopted under authority of that chapter is authorized to declare a driver out of service and to notify the carrier of that declaration, on finding at the time and place of examination that the driver has violated the out-of-service criteria in subpart 2.

Subp. 2. Out-of-service criteria.

A driver shall not drive after being on duty for the maximum periods permitted by part 8850.8900 or after being declared out of service under Code of Federal Regulations, title 49, section 392.5, paragraph (c).

A driver required to maintain a record of duty status under part 8850.8900, subpart 1, shall not fail to have a record of duty status current on the day of examination and for the previous seven consecutive days; except that a driver failing only to have possession of a record of duty status current on the day of examination and the previous day, and who has completed records of duty status for the previous six days up to the day before examination, will be given the opportunity to make the duty status record current.

Subp. 3. Responsibilities of carriers.

A carrier shall not require or permit a driver who has been declared out of service to operate a motor vehicle until that driver may lawfully do so, nor shall a carrier require a driver who has been declared out of service for failure to prepare a record of duty status, to operate a motor vehicle until that driver has been off duty for eight consecutive hours and is in compliance with this part. The consecutive eight-hour, off-duty period may include sleeper berth time.

Subp. 4. Form.

A carrier shall complete the "Carrier Certification of Action Taken" portion of the driver, vehicle, and equipment checklist form, described in part 8850.8350, and return the copy of the form to the Minnesota Department of Transportation, Office of Motor Carrier Services within 15 days following the date of examination. If the carrier mails the form, delivery is made on the date it is postmarked.

Subp. 5. Responsibilities of the driver.

A driver who has been declared out of service shall not operate a motor vehicle until that driver may lawfully do so.

A driver who has been declared out of service for failing to prepare a record of duty status shall not operate a motor vehicle until the driver has been off duty for eight consecutive hours and is in compliance with this part.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38; L 2001 c 213 s 30

Minn. R. 8850.9000 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8850.9050 Repealed by subpart

Subpart 1.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 2.

[Repealed, L 2003 1Sp19 art 2 s 79]

Subp. 3.

[Repealed, L 2010 c 320 art 1 s 20]

Chapter 8855 MOTOR CARRIER INSURANCE

Minn. R. 8855.0300 Duplicates Furnished to Commissioner

A motor carrier or interstate carrier shall furnish to the commissioner a duplicate of its public liability and cargo policies and endorsements when requested by the commissioner.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8855.0400 Certificate of Insurance; Bond; Federal Forms

An insurance company that provides insurance against public liability and property damage for a motor carrier operating under a permit or certificate or for an interstate carrier shall cover all motor vehicles used in the motor carrier's operations whether specifically described in the policy or not. The insurance company shall file with the commissioner either a certificate of insurance naming each motor carrier insured on form E, "Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance," as described in Code of Federal Regulations, title 49, part 1023, as amended through October 1, 1987, which is incorporated by reference, or the forms prescribed in part 8855.0800.

In lieu of an insurance certificate, a bond may be filed on form G, "Uniform Motor Carrier Bodily Injury and Property Damage Liability Surety Bond," as described in Code of Federal Regulations, title 49, part 1023, as amended through October 1, 1987, which is incorporated by reference.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8855.0410 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8855.0450 Financial Responsibility for Property Carriers

Subpart 1. Amount required.

Motor carriers of property operating under a certificate or permit issued by the board shall obtain or cause to be obtained coverage against public liability in the following amounts:

A. limit for bodily injury to or death of one person, $100,000;

B. limit for bodily injury to or death of all persons in any one accident, $300,000; and

C. limit for loss or damage to property of others, other than cargo, $50,000.

Subp. 2. Exception.

Motor carriers of property that transport hazardous waste, hazardous substances, or hazardous materials in the quantities described in Code of Federal Regulations, title 49, section 387.7, shall obtain or cause to be obtained minimum coverage against public liability as required in that section.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8855.0500 Cargo Security

Subpart 1.

[Repealed, L 2005 1Sp6 art 3 s 108]

Subp. 2. Federal forms, incorporations by reference.

Each insurance company insuring cargo shall file a cargo certificate of insurance, form H, "Uniform Motor Cargo Certificate of Insurance," described in Code of Federal Regulations, title 49, part 1023, as amended through October 1, 1987, or a cargo bond on form J, described in Code of Federal Regulations, title 49, part 1023, as amended through October 1, 1987, which are both incorporated by reference.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38; L 2005 1Sp6 art 3 s 108

Minn. R. 8855.0600 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8855.0700 Cancellation of Insurance; Federal Forms

A certificate of insurance or bond for public liability and a certificate of insurance or bond for cargo security may be canceled.

The insurer shall cancel certificates of insurance for public liability or cargo insurance by filing with the commissioner a form K, "Uniform Notice of Cancellation of Motor Carrier Insurance Policies," described in Code of Federal Regulations, title 49, part 1023, as amended through October 1, 1987, which is incorporated by reference.

The insurer shall cancel surety bonds for public liability or cargo insurance by filing with the commissioner a form L, "Uniform Notice of Cancellation of Motor Carrier Surety Bonds," described in Code of Federal Regulations, title 49, part 1023, as amended through October 1, 1987, which is incorporated by reference.

A cancellation notice takes effect 30 days from the day the notice is received by the commissioner.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8855.0800 Aggregation of Insurance

When insurance is provided by more than one insurer to aggregate coverage required under Minnesota Statutes, chapter 221, each insurer shall file form BMC 91X described in Code of Federal Regulations, title 49, section 1043.7, paragraph (a)(3), as amended through October 1, 1987, which is incorporated by reference.

History

Statutory Authority: MS s 221.031; 221.141
History: 13 SR 38

Minn. R. 8855.0850 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Chapter 8860 TANK MOTOR VEHICLES; VARIANCES

Minn. R. 8860.0100 [Repealed, L 2004 c 225 s 15]

[Repealed, L 2004 c 225 s 15]

Minn. R. 8860.0200 [Repealed, L 2004 c 225 s 15]

[Repealed, L 2004 c 225 s 15]

Minn. R. 8860.0300 [Repealed, L 2004 c 225 s 15]

[Repealed, L 2004 c 225 s 15]

Minn. R. 8860.0400 [Repealed, L 2004 c 225 s 15]

[Repealed, L 2004 c 225 s 15]

Minn. R. 8860.0500 [Repealed, L 2004 c 225 s 15]

[Repealed, L 2004 c 225 s 15]

Minn. R. 8860.0600 [Repealed, L 2004 c 225 s 15]

[Repealed, L 2004 c 225 s 15]

Minn. R. 8860.0700 [Repealed, L 2004 c 225 s 15]

[Repealed, L 2004 c 225 s 15]

Minn. R. 8860.0800 [Repealed, L 2004 c 225 s 15]

[Repealed, L 2004 c 225 s 15]

Chapter 8870 HAZARDOUS WASTE TRANSPORTERS

Minn. R. 8870.0100 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.0200 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.0300 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.0400 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.0500 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.0600 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.0700 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.0800 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.0900 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.1000 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.1100 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Minn. R. 8870.1200 [Repealed, L 1998 c 310 s 4]

[Repealed, L 1998 c 310 s 4]

Chapter 8880 LIMOUSINE SERVICE, PERMIT REQUIREMENTS

Minn. R. 8880.0100 Definitions

Subpart 1. Scope.

Unless the language or context clearly suggests a different meaning is intended, words, terms, and phrases used in this chapter have the meanings given them in this part.

Subp. 2. Bus.

"Bus" has the meaning given it in Minnesota Statutes, section 169.011, subdivision 11.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Transportation.

Subp. 4. Conviction.

"Conviction" has the meaning given it in Minnesota Statutes, section 171.01, subdivision 29.

Subp. 5. Criminal record.

"Criminal record" means the conviction records of the Minnesota Bureau of Criminal Apprehension or the conviction records of any other United States state or territory.

Subp. 6. Department.

"Department" means the Minnesota Department of Transportation.

Subp. 7. Driver.

"Driver" means a person who drives or is in actual physical control of a limousine providing limousine service.

Subp. 7a. Exceptional circumstances.

"Exceptional circumstances" includes:

A. a major limousine repair that lasts more than ten days;

B. booking demands that extend beyond the capacity of the operator's fleet; or

C. other circumstances beyond the operator's control.

Subp. 8. For-hire.

"For-hire" has the meaning given in Minnesota Statutes, section 221.012, subdivision 14.

Subp. 9. Limousine.

"Limousine" has the meaning given in Minnesota Statutes, section 168.002, subdivision 15.

Subp. 10. Limousine operator.

"Limousine operator" means a person who owns or leases and drives or retains others to drive a limousine for-hire and who is subject to Minnesota Statutes, section 221.84, and this chapter. Limousine operator does not include a broker or other person who arranges for, but does not provide, for-hire limousine service.

Subp. 11. Limousine service.

"Limousine service" has the meaning given in Minnesota Statutes, section 221.84, subdivision 1. Limousine service does not include service provided by a person who is a private carrier as described in Minnesota Statutes, section 221.012, subdivision 35.

Subp. 12. Luxury passenger automobile.

"Luxury passenger automobile" means a passenger automobile that:

A. has a chassis and wheelbase that have been stretched beyond the length of the manufacturer's original specifications for the vehicle;

B. is a sedan that the manufacturer characterizes as a luxury automobile in sales or promotional material regularly distributed to the public; or

C. for a vehicle added to a fleet on or after the effective date of this rule, is a sedan with an original manufacturer's suggested retail price or present fair market value of more than $52,500. Luxury passenger automobile does not include a bus, pickup truck, taxicab, or truck.

Subp. 13.

[Repealed, 50 SR 570]

Subp. 14. Motor vehicle.

"Motor vehicle" has the meaning given it in Minnesota Statutes, section 169.011, subdivision 42.

Subp. 15. Permit.

"Permit" means the license issued to a limousine operator under this chapter.

Subp. 16. Person.

"Person" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 31.

Subp. 17. Pickup truck.

"Pickup truck" has the meaning given it in Minnesota Statutes, section 168.002, subdivision 26.

Subp. 18. Political subdivision.

"Political subdivision" means a state agency, a county, a city, or the Metropolitan Airports Commission.

Subp. 19. Prearranged pickup.

"Prearranged pickup" means limousine transportation scheduled by a passenger or a passenger's representative. Prearranged pickup does not include hailing at the time of transportation.

Subp. 20. Public highway.

"Public highway" has the meaning given it in Minnesota Statutes, section 221.012, subdivision 36.

Subp. 21. Regular route.

"Regular route" means transportation on the public highways that is not prearranged pickup and is habitually conducted between fixed points over fixed routes, or on regular time schedules.

Subp. 22.

[Repealed, 50 SR 570]

Subp. 23. Taxicab.

"Taxicab" means a motor vehicle, other than a limousine or bus, marked as a "taxi" or "taxicab" and used for transporting no more than seven passengers for compensation as determined by a flat rate schedule, according to the distance traveled, the time elapsed, or number of passengers carried, irrespective of whether the transportation extends beyond the boundary lines of a city.

Subp. 24. Truck.

"Truck" means a motor vehicle designed and originally manufactured primarily for the transportation of property and not passengers.

Subp. 25.

[Repealed, 50 SR 570]

Subp. 26.

[Repealed, 50 SR 570]

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.0200 Authority; Purpose; Scope

Subpart 1. Authority.

Parts 8880.0100 to 8880.1400 are adopted under Minnesota Statutes, section 221.84, subdivision 2.

Subp. 2. Purpose.

The purpose of this chapter is to enhance the safety of limousine services provided in Minnesota through department oversight in accordance with Minnesota Statutes, section 221.84. This chapter establishes standards and requirements for limousine operators, drivers, and vehicles.

Subp. 3. Applicability; persons.

This chapter governs limousine service as defined in part 8880.0100. All limousine operators and drivers, including independent contractors and leased drivers, must adhere to the standards and requirements prescribed by this chapter.

Subp. 4. Applicability; vehicles.

The requirements contained in this chapter apply to any vehicle that is required by Minnesota Statutes, section 168.128, to have a limousine plate, except for those operated by persons meeting the definition of a private carrier in Minnesota Statutes, section 221.012, subdivision 35.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.0300 General Requirements

Subpart 1. Permit required.

No person may operate a limousine service or advertise or otherwise hold out as a limousine operator without a valid permit issued by the commissioner.

Subp. 1a. Limousine operator responsible.

A limousine operator is responsible for ensuring that all drivers it retains, including employees, independent contractors, and leased drivers, comply with the requirements in this chapter.

Subp. 2. Inspection and decal required.

No person may operate a limousine providing limousine service until the limousine has passed an inspection as required by part 8880.1100 and displays a valid limousine identification decal as required in part 8880.0700, subpart 3.

Subp. 2a. Inspection disclosure.

In accordance with the Infrastructure Investment and Jobs Act, Public Law 117-58, the limousine operator must prominently disclose in a clear and conspicuous notice, including on the website of the operator if the operator has a website, the following, as applicable:

A. the date of the most recent inspection of the limousine required under state or federal law;

B. the results of the inspection; and

C. any corrective action taken by the limousine operator to ensure the limousine passed inspection.

Subp. 3. Insurance required.

The insurance requirements in Minnesota Statutes, sections 168.128 and 221.141, and parts 8855.0300, 8855.0400, 8855.0700, and 8855.0800 apply to a limousine operator. For purposes of this subpart, "motor carrier," as used in Minnesota Statutes, section 221.141, and parts 8855.0300, 8855.0400, 8855.0700, and 8855.0800, means a limousine operator. No person may operate a limousine providing limousine service until the limousine operator complies with the insurance requirements described in this subpart.

Subp. 4. Advertising restrictions.

A limousine operator must conspicuously display its permit number in all advertisements or publications, including but not limited to brochures, business cards, and the operator's website or other online communications. No person, other than a limousine operator with a valid permit, may use in a name or in advertisements or publications:

A. the words "limousine" or "limousine service"; or

B. the words "licensed and insured" if those words are used in a way that suggests or implies that a service is provided by a limousine operator with a valid permit.

Subp. 5. Use of unauthorized name prohibited.

A limousine operator must not provide limousine service under a name other than the name under which a permit was obtained.

Subp. 6. Fares and records.

A limousine operator must charge a fare greater than a taxicab fare for a comparable trip. A limousine operator must maintain a record of each trip provided under its permit and the fare charged for the trip. The record must meet the requirements of part 8880.1000, subpart 2.

Subp. 7. Trip referrals.

A limousine operator may arrange with another limousine operator to provide limousine service requested by a customer only if the limousine operator:

A. that refers the service keeps the trip referral record required in part 8880.1000, subpart 3; or

B. that provides the service clearly and accurately identifies itself to the customer and keeps the trip and fare record required in part 8880.1000, subpart 2.

Subp. 8. Leased vehicles and drivers.

A limousine operator may lease a vehicle from the vehicle's owner and use it to provide limousine service under the lessee's permit. Both the lessor and the lessee must keep one signed copy of a written lease and a copy must be kept in the leased vehicle at all times during the term of a lease. A lease may include the services of a driver. A lease must state:

A. the names of the lessor and lessee;

B. the date and duration of the lease;

C. the terms of compensation to be paid by the lessee to the lessor;

D. the vehicle's vehicle identification number and that the lessee has exclusive possession, control, and use of the vehicle and is considered the owner of the vehicle for the duration of the lease for all purposes, including compliance with parts 8880.0300 to 8880.1300; and

E. if the lease includes the services of a driver, that the lessee assumes the responsibility of determining that the driver meets the qualifications in part 8880.0800 and must keep the records required in part 8880.1000, subpart 5. A lessor must not exercise control over fares charged. The provision of limousine service, including advertisements and arrangements for service, must be conducted by, and in the name of, the lessee only. A lessee or lessor must not represent, imply, or suggest that limousine service is being offered or provided by the lessor.

Subp. 9. Solicitation prohibited.

A limousine operator, its agents, or its employees must not solicit passengers in person to provide limousine service at the time of, or shortly after, the solicitation. This subpart does not prohibit a limousine operator from advertising the service it provides in the normal course of business.

Subp. 10. Adjustment of limousine value.

The dollar value imposed by part 8880.0100, subpart 12, item C, must be adjusted by the commissioner on a biennial basis according to the requirements of this subpart and published on the department's website.

A. In November of each even-numbered year, the commissioner must obtain from the Federal Register the percentage change in the Consumer Price Index published by the secretary of labor for October of the preceding federal fiscal year and October of the federal fiscal year in which the publication is made.

B. If in any fiscal year the percentage change indicates an increase in the Consumer Price Index, as determined under item A, then the dollar value imposed by part 8880.0100, subpart 12, item C, for the subsequent fiscal year must be equal to the dollar value increased by the percentage change, rounded off to the nearest $500 increment.

C. If in any fiscal year the percentage change does not indicate an increase in the Consumer Price Index, as determined under item A, then the dollar value imposed by part 8880.0100, subpart 12, item C, remains the same. For purposes of this subpart, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, published monthly by the United States Department of Labor, Bureau of Labor Statistics.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.0400 Limousine Service Permit Application; Fees

Subpart 1. Forms.

Application for a permit or temporary permit must be made on forms provided by the commissioner. Completed applications must be submitted to the Office of Freight and Commercial Vehicle Operations.

Subp. 2. Information required.

Applicants for a permit or temporary permit must give the following information to the commissioner:

A. the applicant's name, including an assumed or fictitious name used by the applicant in doing business;

B. the applicant's mailing address and business telephone number;

C. the name, title, email address, and primary and secondary telephone numbers of the individual who is responsible for the day-to-day operation of the limousine service;

D. the principal location from which the applicant conducts its business and where the records required by part 8880.1000 will be kept;

E. if different from item D, the location in Minnesota where the records required by part 8880.1000 will be available for inspection and copying;

F. whether the applicant's business is a corporation, partnership, limited liability company, or sole proprietorship;

G. the names of corporate directors and officers, general partners, limited liability company board members, or owners of the applicant's business;

H. whether the applicant or an applicant's corporate directors or officers, general partners, limited liability company board members, or owners of the applicant's business is a permit holder;

I. whether the applicant or an applicant's corporate directors or officers, general partners, limited liability company board members, or owners of the applicant's business has had a permit revoked during the preceding year and, if so, the number of the revoked permit;

J. if the applicant is a foreign corporation authorized to transact business in Minnesota, the name and address of its registered agent; and

K. the business identification number assigned by the United States Department of Transportation, Federal Motor Carrier Safety Administration. If the applicant has not yet obtained a business identification number, the applicant must apply for the number at the time of application and promptly provide the number to the department when received.

Subp. 3. Signature required.

An application must be signed only by a corporate officer, general partner, limited liability company board member, or sole proprietor.

Subp. 4. Workers' compensation coverage.

The applicant must file with the application a statement that shows compliance with the workers' compensation insurance coverage requirement of Minnesota Statutes, section 176.181, subdivision 2. The statement must be on a form prescribed by the commissioner or on a form substantially the same as the commissioner's prescribed form.

Subp. 5. Fees.

The permit fee is $150.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.0500 Limousine Service Permit

Subpart 1. Issuance of permit.

The commissioner must issue a permit to an applicant who meets the requirements in part 8880.0400, except the commissioner must not issue:

A. a permit to an applicant if the applicant or an applicant's corporate directors or officers, general partners, limited liability company board members, or owners of the applicant's business had a permit revoked during the preceding year; or

B. more than one permit to a limousine operator. A permit must be numbered and bear an effective date.

Subp. 2. Location of permit.

A permit must be kept at the limousine operator's principal place of business. A copy of the permit must be kept in each limousine used by the limousine operator to provide limousine service.

Subp. 3. Duration.

A permit is valid for one year from the date of issuance, unless the permit is suspended, canceled, or revoked or the permit holder sells its limousine business. Permits must be renewed on an annual basis using forms provided by the commissioner. Annual renewals are not subject to the permit fee in part 8880.0400, subpart 5.

Subp. 4. Not transferable.

A permit may not be assigned or transferred to another person.

Subp. 5. Records.

The commissioner must keep a record of permits showing the date issued, suspended, or revoked.

Subp. 6. Permit holder to keep information current.

A permit holder must:

A. notify the commissioner in writing within ten days of any change in the information provided in its permit application; and

B. update the information provided to the United States Department of Transportation, Federal Motor Carrier Safety Administration within ten days of any change in the information provided to that agency when obtaining a federal identification number.

Subp. 7. Temporary limousine service permit.

For special events, the commissioner must issue a temporary permit to an operator who does not possess an active limousine permit, meets the requirements under part 8880.0400, subparts 1 to 4, and obtains a temporary limousine identification decal under part 8880.0700, subpart 5a. The commissioner must not issue a temporary permit to an operator who has had a limousine permit revoked or suspended within the 12 months preceding the application for a temporary permit. An operator who possesses an active limousine permit may temporarily add a vehicle to its fleet by obtaining a temporary limousine identification decal for the vehicle under part 8880.0700, subpart 5a. The fee to obtain a temporary permit is $20. A temporary permit is valid for ten days and must not be transferred or renewed.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.0600 Limousine Identification Decal Application; Fees

Subpart 1. Forms.

Application for a limousine identification decal or temporary limousine identification decal must be made on forms provided by the commissioner. Completed applications must be submitted to the Office of Freight and Commercial Vehicle Operations.

Subp. 2. Information required.

Applicants for a limousine identification decal or temporary limousine identification decal must provide the following information to the commissioner:

A. the applicant's name, including an assumed or fictitious name used by the applicant in doing business;

B. the applicant's mailing address and business telephone number;

C. the applicant's permit number;

D. the name, title, email address, and primary and secondary telephone numbers of the individual who is responsible for the day-to-day operation of the limousine service;

E. the state and license plate number of vehicle registration;

F. the vehicle identification number;

G. the vehicle year and make; and

H. a representation that the motor vehicle is a luxury passenger automobile as described in part 8880.0100, subpart 12. If the applicant states that the vehicle is the kind of luxury passenger automobile described in part 8880.0100, subpart 12, item B, the commissioner may require a copy of the manufacturer's sales or promotional material before issuing a limousine identification decal, and the applicant must keep a copy of the sales or promotional material in the vehicle's record described in part 8880.1000, subpart 4.

Subp. 3. Signature required.

An application must be signed only by a corporate officer, general partner, limited liability company board member, or sole proprietor.

Subp. 4. Fees.

The limousine identification decal fee is $80.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.0700 Limousine Identification Decal

Subpart 1. Issuance of decal.

The commissioner must issue a limousine identification decal to an applicant who has a valid permit; meets the inspection requirement in part 8880.0300, subpart 2; has the insurance coverage required in part 8880.0300, subpart 3; and meets the requirements in part 8880.0600.

Subp. 2. Description.

A limousine identification decal must bear an identifying number, the month and year of expiration, and the letters "LM."

Subp. 3. Display.

A limousine identification decal must be securely affixed to the lower corner of the limousine windshield on the passenger side of the vehicle. A decal must not be obscured and must be easy to read when the vehicle is stationary. A limousine may bear only one decal.

Subp. 4. Duration.

A limousine identification decal is valid for one year from the last day of the month in which it is issued or until it is removed from the limousine or upon revocation of the limousine operator's permit, whichever occurs first.

Subp. 5. Not transferable.

A limousine identification decal may not be transferred to another limousine and must be removed if a limousine operator stops using the limousine to provide limousine service.

Subp. 5a. Temporary limousine identification decal.

A. For special events or exceptional circumstances, the commissioner must issue a prepaid temporary limousine identification decal to a limousine operator who possesses an active or temporary permit for a fee of $5 per decal. The vehicle must meet the inspection requirement in item B, and an operator must apply for a temporary limousine identification decal pursuant to part 8880.0600, subparts 1 to 3.

B. The vehicle must have been inspected under part 8880.1100 within the previous 12 months and not be found to be in a condition likely to cause an accident or a breakdown or to be otherwise unsafe. If the vehicle is found to be likely to cause an accident or a breakdown or is otherwise unsafe, the operator must submit written evidence that the violation has been remedied before the department issues the temporary limousine identification decal.

C. The temporary limousine identification decal must be preprinted by the commissioner with the operator's name, address, vehicle identification number, permit number, and dates the decal is valid.

D. The temporary limousine identification decal is valid for a period of not more than ten days, must not be transferred, and must not be used unless the operator possesses an active or temporary permit. A limousine operator possessing a permit that is not temporary may request a renewal of the temporary limousine identification decal for an additional ten days if exceptional circumstances extend beyond ten days. A limousine must not be operated under a temporary limousine identification decal for more than 20 consecutive days in a calendar year.

Subp. 6. Records.

The commissioner must keep a record of limousine identification decals issued.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.0800 Driver Qualifications

Subpart 1. General qualifications.

A driver must have a valid driver's license and be at least 18 years old.

Subp. 2. Physical qualification.

No driver may operate a limousine providing limousine service unless the driver is physically qualified to drive under Code of Federal Regulations, title 49, section 391.41, paragraphs (a) and (b), which is incorporated by reference.

Subp. 3. Evidence of physical qualification.

Before driving a limousine providing limousine service, a driver must have a valid medical examiner's certificate under Code of Federal Regulations, title 49, section 391.43, which is incorporated by reference, certifying that the driver meets the requirements in subpart 2. A copy of the medical examiner's certificate must be given to the limousine operator who employs the driver and must be in the driver's possession while operating a limousine.

Subp. 4. Waiver of physical qualification.

A person who is not physically qualified to drive under Code of Federal Regulations, title 49, section 391.41, paragraph (b), clause (1) or (2), and who is otherwise qualified to drive a motor vehicle, may drive a limousine providing limousine service if the commissioner grants a waiver to that person under Minnesota Statutes, section 221.0314, subdivision 3 or 3a, or if that person meets the requirements in Minnesota Statutes, section 221.0314, subdivision 3b. A copy of the waiver must be given to the limousine operator who employs the driver and must be in the driver's possession while operating a limousine.

Subp. 5. Driving record.

A driver must, for the past three years, have a driving record clear of:

A. a license cancellation under Minnesota Statutes, section 171.14; a revocation under Minnesota Statutes, sections 169A.52 and 171.17; and a suspension under Minnesota Statutes, section 171.18, subdivision 1, paragraph (a), clause (2), (3), (4), (5), (7), or (11);

B. a conviction for driving a motor vehicle without a currently valid license for the class of vehicle driven under Minnesota Statutes, section 171.02;

C. a conviction for driving under the influence of alcohol or a controlled substance under Minnesota Statutes, section 169A.20, or an ordinance that conforms to that section; alcohol-related driving by commercial vehicle drivers under Minnesota Statutes, section 169A.20; and driver's license revocations under Minnesota Statutes, sections 169A.51 to 169A.53; and

D. a conviction in any other state or country where the elements of the offense are substantially similar to any of the offenses listed in items A to C.

Subp. 6. Criminal record.

A driver must have a criminal record clear of any conviction in which the last date of discharge from the criminal justice system is within the last ten years:

A. as a habitual offender for driving under the influence of alcohol or a controlled substance under Minnesota Statutes, section 169A.24 or 169A.25;

B. of a crime or anticipatory crime against persons, or a crime or anticipatory crime reasonably related to the provision of limousine services. The following offenses are crimes against persons or are reasonably related to the provision of limousine services, or both, and are listed with the section, subdivision, or chapter number showing where the offense is found in Minnesota Statutes:

C. in any other state or country within the past ten years where the elements of the offense are substantially similar to any of the offenses listed in item A or B. For purposes of this subpart, "last date of discharge" means the last date an individual was under the jurisdiction of the criminal justice system, including but not limited to probation, parole, supervised release, or an executed sentence. If an individual falls into more than one category resulting in more than one relevant discharge date, the last date of discharge refers to the most recent date.

Subp. 7. Responsibility of limousine operator.

Before using a driver to provide limousine service, a limousine operator must determine if the driver meets the standards in this part. In determining whether a driver meets the standards in subparts 5 and 6, a limousine operator must conduct an initial review of the driving and criminal record of a driver. The review must be conducted annually after hiring. The initial and annual review must include an examination of the records of the Department of Public Safety, Division of Driver and Vehicle Services, to determine if the driver meets the standards in subpart 5. The initial and annual review also must include an examination of the conviction records of the Minnesota Bureau of Criminal Apprehension to determine if the driver has a criminal record of conviction for a crime listed in subpart 6.

Subp. 8. Evidence of compliance.

A limousine operator must keep a record showing compliance with subpart 7 on a form prescribed by the commissioner or on a form that contains the same information.

Subp. 9. Unqualified driver prohibited.

A limousine operator must not use a driver to provide limousine service who does not meet the standards in this part.

Subp. 10. Notification.

A driver who:

A. has a driver's license suspended, revoked, or canceled by a state or other jurisdiction;

B. no longer meets the qualifications to drive a limousine under subparts 1 to 6;

C. loses the right to operate a commercial motor vehicle in a state or other jurisdiction for any period; or

D. is disqualified from operating a commercial motor vehicle for any period must notify the current employer of the suspension, revocation, cancellation, lost privilege, conviction, or disqualification. The notification must be made before the end of the business day following the day the driver received notice of the suspension, revocation, cancellation, lost privilege, conviction, or disqualification.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; L 2000 c 478 art 2 s 7; L 2014 c 180 s 9; 50 SR 570

Minn. R. 8880.0900 Vehicle Requirements

Subpart 1. Operation.

A limousine operator must not cause or permit a limousine to be driven, and a driver must not drive a limousine on the public highway, when the vehicle is in a condition that is likely to cause an accident or a breakdown or is otherwise unsafe. The operator must follow the "Minnesota Vehicle Requirements for Special Transportation Services and Limousines" to determine whether a vehicle is in a condition that is likely to cause an accident or a breakdown or is otherwise unsafe. A limousine providing limousine service must be operated in compliance with the provisions of Minnesota Statutes, chapter 169, and other laws governing the operation of motor vehicles and with the rules or ordinances of a political subdivision relating to routing, parking, speed, or the safety of operation of a motor vehicle.

Subp. 1a. Incorporation by reference.

Subp. 2. Equipment standards.

Limousines must comply with the provisions of Minnesota Statutes, chapter 169, that apply to passenger automobiles.

Subp. 3. Safety equipment.

A limousine providing limousine service must carry the following safety equipment:

A. a fire extinguisher that conforms to Code of Federal Regulations, title 49, section 393.95, paragraph (a), which is incorporated by reference;

B. a working cellular telephone or other means of two-way communication; and

C. three bidirectional, emergency, reflective triangles that conform to the requirements of federal motor vehicle safety standard 125, found in Code of Federal Regulations, title 49, section 571.125, which is incorporated by reference.

Subp. 4. Maintenance.

The mechanical components of a limousine must be maintained according to the manufacturer's recommended maintenance schedule. A limousine's windows, lights, mirrors, and interior must be kept clean and in good repair.

Subp. 5. Inspections.

A limousine operator must conduct, or cause to be conducted, the following safety inspections:

A. for each day a limousine operator uses a limousine, an inspection of the vehicle's:

B. an annual inspection of a limousine's:

Subp. 6. Inspection records.

A limousine operator must maintain a record of daily and annual inspections. The records must be kept on forms prescribed by the commissioner or on forms that contain the same information and must meet the requirements of part 8880.1000, subpart 4.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.1000 Records

Subpart 1. Records required; authority to inspect.

A limousine operator must keep the records required in subparts 2 to 5. The records must be kept at the limousine operator's principal place of business and must be available for inspection, audit, or copying in Minnesota by the commissioner upon request. Records must be kept for three years.

Subp. 2. Trip and fare records.

A limousine operator must keep a record of each trip provided under a permit. For a trip, the record must show:

A. the date;

B. the location of origin and destination;

C. the mileage;

D. the time the trip began and ended; and

E. the fare charged.

Subp. 3. Referral records.

A limousine operator must keep a record of trip referrals when required by part 8880.0300, subpart 7. For each trip referral, the record must show:

A. the date referred;

B. the date the trip was to be provided;

C. the name and permit number of the limousine operator to whom the trip was referred; and

D. the name of the customer who requested the service.

Subp. 4. Vehicle records.

A limousine operator must keep a separate file for each limousine used to provide limousine service. The file must contain the year, make, and vehicle identification number of a vehicle. The file also must contain the inspection record required by part 8880.0900, subpart 6, showing:

A. the date and mileage of an inspection;

B. a list of each component or item described in part 8880.0900, subpart 5, item B, and a notation of which components or items were inspected;

C. a notation of necessary maintenance, repair, or replacement of vehicle parts and the date the maintenance, repair, or replacement was completed; and

D. for limousines equipped with emergency doors or window exits as required by Code of Federal Regulations, title 49, section 571.217, a record of tests conducted every 90 days to ensure that all emergency doors and window exits function as intended by the manufacturer.

Subp. 5. Driver records.

A limousine operator must keep a separate file for each driver employed or used to provide limousine service. The file must contain:

A. the name, as it appears on the driver's license, and birthdate of the driver;

B. the driver's license number;

C. a copy of the medical examiner's certificate required in part 8880.0800, subpart 3, and a copy of a waiver granted under part 8880.0800, subpart 4, if any;

D. a statement signed by the person who conducted the most recent review of the driver's driving and criminal records as required by part 8880.0800, subpart 7. The statement must show the name of the person who checked the records, the date the records were checked, and whether the driver was found to meet the standards of part 8880.0800, subparts 5 and 6. If the driver was found not to meet the standards, the statement must show the date the driver became disqualified and the reason for the disqualification; and

E. the documents relied on to perform the review of the driver's driving and criminal records as required by part 8880.0800, subpart 7.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.1100 Vehicle Inspection by Commissioner

Subpart 1. Authority to inspect.

The commissioner must inspect a limousine before issuing an initial limousine identification decal and at least annually thereafter. The commissioner may conduct an unannounced inspection during a limousine operator's hours of operation for compliance with parts 8880.0300 to 8880.1000 but must not do so in a way that unduly interferes with the transportation of any passengers. The commissioner may inspect the vehicle, its equipment, or any documents required to be in the vehicle or the driver's possession for compliance with parts 8880.0300 to 8880.1000 and state or federal law.

Subp. 2. Inspection report.

A person inspecting a limousine under this part must provide a copy of the inspection report to the limousine operator. The report must include:

A. the inspector's name;

B. the limousine operator's name and permit number;

C. the vehicle identification number, limousine identification decal number, and license plate number;

D. the date and location of the inspection; and

E. a description of items that do not comply with the requirements of parts 8880.0300 to 8880.1000.

Subp. 3. Limousines declared out of service.

The commissioner must direct a limousine operator to immediately remove a limousine from service upon determining that the vehicle is in a condition that is likely to cause an accident or a breakdown or is otherwise unsafe. The commissioner must use the "Minnesota Vehicle Requirements for Special Transportation Services and Limousines" incorporated by reference in part 8880.0900, subpart 1a, to make this determination. An out-of-service declaration must be included in the inspection report described in subpart 2. Once a limousine has been declared out of service, a limousine operator may return it to service only after making the repairs noted in an out-of-service declaration. In addition to the vehicle records required by part 8880.1000, subpart 4, a limousine operator must retain records of making the repairs required by an out-of-service declaration.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.1150 Audits by Commissioner

Subpart 1. Authority to audit.

A. The commissioner must audit a limousine operator's records to determine compliance with parts 8880.0200 to 8880.1100 no less than once every three years.

B. The commissioner must conduct an audit more frequently than every three years:

C. As time and staff resources permit, the commissioner may conduct an audit more frequently than every three years:

Subp. 2. Audit report.

The commissioner must provide a copy of the audit report to the limousine operator. The report must include:

A. the investigator's name;

B. the limousine operator's name and permit number;

C. the date and location of the audit; and

D. a description of the items that do not comply with the requirements of parts 8880.0200 to 8880.1100.

History

Statutory Authority: MS s 221.84
History: 50 SR 570

Minn. R. 8880.1200 Administrative Penalties

Subpart 1. Orders.

The commissioner may issue an order requiring violations of statutes, rules, and local ordinances governing the operation of limousines to be corrected and assessing monetary penalties up to $1,000. An order must be issued as provided in this part.

Subp. 2. Issuance, payment, enforcement.

Minnesota Statutes, section 221.036, subdivisions 2, 3, paragraph (c), 4 to 6, and 11, apply to orders issued under this part. The commissioner must mail an order by certified mail, return receipt requested, to the last known address of the limousine operator.

Subp. 3. Demand for hearing.

Within 30 days after the date on which an order was mailed, or within 20 days after mailing notice of the commissioner's determination that a violation has not been corrected or that appropriate steps have not been taken, the person subject to an order under this part may demand a hearing. Failure of a person to demand a hearing within the time specified in this part constitutes a waiver of the person's right to appear and contest an administrative penalty order. A demand for hearing must be delivered or mailed to the Minnesota Department of Transportation, Office of Freight and Commercial Vehicle Operations, and must include a statement of the issues the person intends to raise at the hearing.

Subp. 4. Hearing.

Within 30 days of receiving a demand for hearing that meets the requirements of subpart 3, the commissioner must initiate a contested case proceeding under Minnesota Statutes, chapter 14. If the administrative law judge makes a finding that the hearing was demanded solely for purposes of delay or that the hearing demand was frivolous, the commissioner may add to the amount of the penalty the costs charged to the commissioner by the Office of Administrative Hearings for the hearing. If a hearing has been held and a final order issued by the commissioner, the penalty must be paid by the 15th day after the final order was mailed, together with interest accruing at the rate established in Minnesota Statutes, section 549.09, from 31 days after the original order was received.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.1300 Suspension or Revocation of Permit

Subpart 1. Indefinite suspension period.

The commissioner must immediately suspend a permit if the commissioner determines that a limousine operator:

A. is not in compliance with the insurance requirements in part 8880.0300, subpart 3;

B. willfully refused to permit an inspection or audit under part 8880.1000; 8880.1100, subpart 1; or 8880.1150, subpart 1;

C. has committed a pattern of repeated violations of parts 8880.0200 to 8880.1200 documented during vehicle inspections, audits, or complaint investigations; or

D. did not pay, or arrange to pay, an administrative penalty, including costs assessed by the commissioner, when due under part 8880.1200. A permit suspended under this subpart may not be restored until the commissioner determines that a limousine operator has complied with parts 8880.0300 to 8880.1200.

Subp. 2. Revocation.

The commissioner must revoke a permit if the commissioner determines that a limousine operator:

A. knowingly made a materially false or misleading statement in a permit application;

B. provided limousine service while the limousine operator's permit was suspended; or

C. did not have a permit that was indefinitely suspended under subpart 1 restored within 60 days of the date of suspension or demand a hearing under subpart 5.

Subp. 3. Notice of suspension or revocation.

The commissioner must mail notice of suspension or revocation of a permit by certified mail, return receipt requested, to the last known address of the limousine operator. The suspension or revocation is effective five days after it is mailed by the commissioner.

Subp. 4. Demand for hearing.

A limousine operator whose permit is suspended or revoked may, within 20 days after the notice of suspension or revocation was mailed, demand a hearing. Failure of a person to respond to a notice of suspension or revocation by demanding a hearing within 20 days after the date on which the notice was mailed constitutes a waiver of the person's right to appear and contest the suspension or revocation. A demand for hearing must be delivered or mailed to the Minnesota Department of Transportation, Office of Freight and Commercial Vehicle Operations, and must include a statement of the issues the limousine operator intends to raise at the hearing.

Subp. 5. Hearing.

Within 30 days of receiving a demand for hearing that meets the requirements of subpart 4, the commissioner must initiate a contested case proceeding under Minnesota Statutes, chapter 14. If the administrative law judge makes a finding that the demand for hearing was frivolous, the commissioner may assess the costs charged to the commissioner by the Office of Administrative Hearings for the hearing to the limousine operator. Costs assessed by the commissioner must be collected in the manner that administrative penalties are collected under part 8880.1200.

Subp. 6. Reinstatement.

The commissioner must determine the time that must elapse before the holder of a revoked permit may apply for reinstatement, which may not exceed one year from the effective date of revocation. The commissioner must consider:

A. the severity of the violation;

B. whether the limousine operator knew or should have known the limousine operator was in violation of this chapter;

C. whether the violation was safety related; and

D. any history of violations.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220; 50 SR 570

Minn. R. 8880.1400 Cooperative Agreements

The commissioner may enter into cooperative agreements with political subdivisions. A cooperative agreement must include provisions for enforcing and implementing parts 8880.0100 to 8880.1300 and for sharing enforcement costs between the department and a political subdivision. A cooperative agreement also must include provisions for exchanging information and for jointly inspecting or investigating limousine operators, drivers, limousines, and records required by this chapter.

History

Statutory Authority: MS s 221.84
History: 18 SR 2220

Minn. R. 8880.1500 Variance

Subpart 1. Elements.

The commissioner may grant a variance from parts 8880.0300 to 8880.1400. To request a variance, an applicant must submit a petition containing all information required by Minnesota Statutes, section 14.056, subdivision 1, and demonstrate that:

A. the rationale for the rule or rules in question can be met or exceeded by the specific alternative practice that the applicant proposes to substitute;

B. the application of the rule in question would impose an excessive burden on the applicant; and

C. the granting of the variance will not adversely affect the public health and safety.

Subp. 2. Written answer in 30 days.

The commissioner must set forth in writing the reasons for granting or denying the variance within 30 days of receiving the application. If the variance is denied, the applicant may, within 30 days of receiving notice of the denial, request a contested case hearing.

Subp. 3. Compliance.

Any limousine operator that is granted a variance must comply with the alternative practice specified in its successful application for a variance.

Subp. 4. Material change in circumstances.

Any limousine operator that has been granted a variance must immediately notify the department if any material change occurs in the circumstances that justified granting the variance.

Subp. 5. Revocation of variance.

Subp. 6. Conditions and duration.

The commissioner may impose conditions on the granting of a variance according to Minnesota Statutes, section 14.055. The commissioner may limit the duration of a variance and may renew a variance.

History

Statutory Authority: MS s 221.84
History: 50 SR 570

Chapter 8885 LIGHTING FOR STREETS, HIGHWAYS, LOTS

Minn. R. 8885.0100 Definitions

Subpart 1. Scope.

The terms used in parts 8885.0100 to 8885.0300 have the meanings given them in this part.

Subp. 2. Existing lighting equipment.

"Existing lighting equipment" means lighting equipment that is in place, or for which construction plans for installing the lighting equipment have been under contract before August 1, 1992.

Subp. 3. Initial efficiency.

"Initial efficiency" means a measurement of energy performance of a new lamp, and is determined by dividing the initial lumen output of the lamp by its wattage (nominal lamp wattage) and is expressed in lumens per watt.

Subp. 4. Lighting equipment.

"Lighting equipment" means a complete lighting fixture including the parts designed to distribute the light, to position and protect the lamp, and to connect the lamp to the power supply but does not include the lamp.

Subp. 5. Lumen output.

"Lumen output" means the total luminous flux of a lamp in lumens.

Subp. 6. Motor vehicle sales lot.

"Motor vehicle sales lot" means an improved area having public access for the sale of motor vehicles as defined in Minnesota Statutes, section 168.002, subdivision 18.

Subp. 7. Parking lot.

"Parking lot" means an improved area designated for the purposes of parking, storing, or allowing licensed motor vehicles to remain, but does not include a motor vehicle sales lot or a parking area of a single family residence.

Subp. 8. Sign lighting.

"Sign lighting" means a type of lighting with the sole purpose of illuminating overhead, mounted, sign panels.

Subp. 9. Street or highway.

"Street" or "highway" has the meaning given in Minnesota Statutes, section 169.011, and includes private roads that are open to public travel and under the jurisdiction of and maintained by a public authority.

Subp. 10. Worn out.

"Worn out" means a condition when lighting equipment is damaged or broken in such a way that it is no longer able to perform its primary function of distributing light.

History

Statutory Authority: MS s 216C.19
History: 19 SR 1965

Minn. R. 8885.0200 Purpose and Scope

Subpart 1. Purpose.

The purpose of parts 8885.0100 to 8885.0300 is to establish minimum energy efficiency standards for street, highway, and parking lot lighting in Minnesota so that energy consumption can be reduced, while ensuring the overall protection of the public health, safety, and welfare.

Subp. 2. Scope.

Parts 8885.0100 to 8885.0300 apply to newly installed and existing highway, street, and parking lot lighting equipment. Parts 8885.0100 to 8885.0300 do not apply to roadway sign lighting.

History

Statutory Authority: MS s 216C.19
History: 19 SR 1965

Minn. R. 8885.0300 Requirements and Prohibitions

Subpart 1. Requirements.

All new installations and replacements of worn out lighting equipment must be installed or replaced with lighting equipment containing lamps with initial efficiencies of at least 70 lumens per watt.

Subp. 2. Prohibition.

The installation of lighting equipment with lamps having initial efficiencies less than 70 lumens per watt is prohibited.

History

Statutory Authority: MS s 216C.19
History: 19 SR 1965

Chapter 8895 PORT DEVELOPMENT ASSISTANCE

Minn. R. 8895.0100 Definitions

Subpart 1. Scope.

The terms used in parts 8895.0100 to 8895.1100 have the meanings given them in this part.

Subp. 2. Assistance agreement.

"Assistance agreement" means a formal agreement between the commissioner and an eligible applicant for port assistance improvement funds.

Subp. 3. Commercial navigation facility.

"Commercial navigation facility" means ports or individual docks and terminals, supporting equipment, structures, and transportation facilities used by vessels transporting passengers or commodities, by vessels under construction or repair, or by commercial fishing vessels. The term does not include facilities used on a regular basis by recreational or sport fishing vessels.

Subp. 4. Commercial vessel.

"Commercial vessel" means a vessel used for transporting passengers or property, but does not include a vessel used primarily for recreation, sport, or sport fishing.

Subp. 5. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Transportation.

Subp. 6. Disposal facility.

"Disposal facility" means a containment facility, a diked or undiked disposal site, or a transfer site for future beneficial reuse of dredged material.

Subp. 7. Disposal facility costs.

"Disposal facility costs" means costs of acquisition or construction of a disposal facility.

Subp. 8. Dock.

"Dock" means any structure on a shoreline or near shoreline development used in mooring vessels or transferring people or cargo to or from vessels.

Subp. 9. Dredging.

"Dredging" means excavating harbor sediment or bottom materials, including mobilizing or operating equipment for excavating and transporting dredged material to a disposal facility and for placing the dredged material in the disposal facility.

Subp. 10. Dredged material disposal.

"Dredged material disposal" means the placing of dredged material in a disposal facility.

Subp. 11. Eligible applicant.

"Eligible applicant" means a person, company, political subdivision, or port authority that owns a commercial navigation facility.

Subp. 12. Final engineering costs.

"Final engineering costs" means engineering costs that occur after the application for port assistance improvement funds has been completed. These costs may include, but are not limited to, the cost of final plans and specifications for the project.

Subp. 13. Maintenance dredging.

"Maintenance dredging" means dredging an area previously dredged to a specific depth, which is not necessary for a new service.

Subp. 14. Mn/DOT.

"Mn/DOT" means the Minnesota Department of Transportation.

Subp. 15. Navigation system.

"Navigation system" means the commercially navigable reaches of the Mississippi, Minnesota, and St. Croix rivers; the commercial harbors on Minnesota's Lake Superior shoreline; and the commercial navigation facilities on those waterways.

Subp. 16. Port.

"Port" means an area along one of Minnesota's navigable waterways that supports at least one terminal that takes on or discharges cargo or passengers.

Subp. 17. Program.

"Program" means the port development assistance program established in Minnesota Statutes, section 457A.02.

Subp. 18. Terminal.

"Terminal" means any structure and adjacent land area used in the actual operations or support of the transfer of commodities or passengers to or from vessels.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Minn. R. 8895.0200 Program Purpose and Administration

Subpart 1. Purpose.

The purpose of the port development assistance program and parts 8895.0100 to 8895.1100 is to expedite, retain, or generally improve the movement of commodities and passengers on the commercial navigation system and enhance the commercial vessel construction and repair industry in Minnesota by providing state funds in a revolving account that may be used in establishing contracts between the state and eligible applicants for port development assistance.

Subp. 2. Commissioner to administer.

The commissioner shall administer the port development assistance program to advance the purposes of subdivision 1. In administering the program, the commissioner may:

A. make grants and loans to eligible applicants;

B. make assistance agreements with recipients of grants and loans; and

C. adopt rules authorized by Minnesota Statutes, section 457A.05.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Minn. R. 8895.0300 Eligible Projects

Subpart 1. Description.

To be eligible for the program, a project must benefit Minnesota's shippers and receivers by improving or developing a commercial navigation facility or its components. Eligible projects include dock and terminal repair, capital improvement to a commercial navigation facility, supporting equipment directly related to loading or off-loading cargo to or from a vessel, disposal facility construction or repair, and dredging to open a new commercial navigation facility.

Subp. 2. Location.

Eligible projects must be located on Minnesota's Lake Superior shoreline or on the shoreline of Minnesota's commercially navigable portions of the Mississippi, Minnesota, and St. Croix rivers where vessels take on or discharge commercial cargo or passengers; where commercial freight, passenger, or military vessels are built or repaired; where vehicle- or passenger-carrying ferry service operates; or where commercial fishing vessels unload fish or are headquartered.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Minn. R. 8895.0400 Cost Eligibility

Subpart 1. Eligible costs.

The types and amounts of costs eligible for state assistance must be negotiated in developing an assistance agreement. Eligible costs include final engineering costs, capital improvements to a commercial navigation facility, construction costs and dredging costs to open a new commercial navigation facility, and other costs agreed to by the commissioner and the applicant.

Subp. 2. Costs not eligible.

The following costs are not eligible for reimbursement under the program:

A. an applicant's administration costs, insurance costs, and legal costs to obtain a general assistance award;

B. the costs of acquiring permits or preparing environmental documents, feasibility studies, conceptual project designs, or design revisions;

C. the interest on money borrowed by the applicant or interest charged to the applicant for late payment of project costs;

D. the costs related to the routine maintenance, repair, or operation of a commercial navigation facility; and

E. the costs of maintenance dredging to maintain an existing channel.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Minn. R. 8895.0500 Project Selection, Minimum Qualifications, and Ranking

Subpart 1. Project selection.

The commissioner shall consider the following factors in selecting projects for funding through the program:

A. economic considerations, including determinations of:

B. safety considerations, including determinations of:

Subp. 2. Project funding; minimum requirements.

A project does not qualify for program funding if:

A. the project is inconsistent with criteria in parts 8895.0100 to 8895.1100;

B. the application is incomplete or inaccurate; or

C. the proposed project is incompatible with applicable harbor development or local comprehensive plans.

Subp. 3. Project ranking.

The commissioner shall establish timetables for the ranking of projects. The ranking of projects determines the priority in which funding will be considered.

Subp. 4. Criteria for ranking projects.

The commissioner shall consider the following criteria to determine project ranking:

A. ability of the project to expedite, retain, or generally improve the movement of passengers or cargo;

B. ability of the project to enhance the commercial vessel construction and repair industry;

C. ability of the project to promote identifiable economic development in and around the port and harbor;

D. ability of the project to produce a regional or community benefit independent of an individual facility; and

E. ability to repay a loan on the basis of the benefit-cost analysis.

Subp. 5. Application may be resubmitted.

If the commissioner determines that an application is not eligible for ranking or is not ranked high enough for funding selection, that application may be resubmitted for the next funding cycle.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Minn. R. 8895.0600 Types of Assistance Projects; Eligibility; Funding

Subpart 1. Schedule for filing applications.

The commissioner shall establish annually a deadline for filing applications for assistance under the program. This schedule will be published in the State Register. Upon request to the commissioner, schedules will be sent by mail to interested parties.

Subp. 2. Types of assistance; eligibility.

The commissioner shall determine under items A and B the type of assistance for which a project will be eligible.

A. To be eligible to qualify for a loan, a project must satisfy one or both of the following conditions:

B. To qualify for a grant or a combination of both a grant and loan, the project must satisfy at least one of the conditions in item A, does not produce an increase in revenue that could be used to finance the project, and either:

C. The interest rate and other terms, including security and repayments of loans, must be negotiated by the parties and must be included in the assistance agreement.

Subp. 3. Commitment of funds.

Program funds may be committed to an eligible applicant only after a project assistance agreement is negotiated and signed by the commissioner and the applicant.

Subp. 4. Final funding restrictions.

The commissioner shall not make final decisions on funding a proposed project in whole or in part until:

A. all legally required permits are obtained;

B. non-state-matching funds are formally committed; and

C. the project applicant is in compliance with the program agreement.

Subp. 5. Rescinding project funding.

The commissioner shall rescind funding if the eligible applicant withdraws its application or is unable to enter into a project assistance agreement that in the commissioner's determination satisfies parts 8895.0100 to 8895.1100 and protects the state's investment.

Subp. 6. Assigning rescinded funds.

When a project's funding is rescinded, in whole or in part, the commissioner may fund the next highest ranked, nonfunded project on the current project priority list.

Subp. 7. Repaying loans.

A loan recipient shall repay the funds loaned by the commissioner according to the negotiated project assistance agreement. Payments must be made on a set schedule. The maximum repayment schedule must not exceed 15 years.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Minn. R. 8895.0700 State Participation, Limitations

Subpart 1.

[Repealed, L 2012 c 293 s 54]

Subp. 2. No continuing funding responsibility.

The commissioner shall not assume a continuing funding responsibility for any commercial navigation facility project.

Subp. 3. Fund matching.

Port improvement assistance funding must not be used as a required match with other state funds, regardless of source.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570; L 2012 c 293 s 54

Minn. R. 8895.0800 Application Process

Subpart 1. Application submittal.

An application by an eligible applicant for program funds must be submitted to the commissioner and comply with subpart 2.

Subp. 2. Information requirements.

An application must include, at a minimum, the following information:

A. a formal request for assistance;

B. the names of the eligible applicant's representatives who are authorized to sign forms or claims and who shall act as the applicant's contact persons for the project;

C. the name of the organization, group, or person who will accept responsibility for operating and maintaining the proposed project after completion;

D. documentation that the proposed project is consistent with the harbor development plan or with the comprehensive plan of the local government if plans have been adopted, along with a copy of those plans attached to the application;

E. documentation of the source of the required matching funds in the amount specified in the assistance agreement;

F. a financial statement, including a credit history;

G. a description of the project that, at a minimum, must include:

H. a full discussion of anticipated economic impacts, including:

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Minn. R. 8895.0900 Assistance Agreement, Formal Implementation

Port development assistance projects must be formally implemented through assistance agreements between the commissioner and the eligible applicant. If the eligible applicant is unable or unwilling to enter into an assistance agreement with the commissioner in the calendar year for which the applicant's project is approved, the applicant may submit another application for the project before the commissioner will again consider it for funding in a subsequent funding period.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Minn. R. 8895.1000 Assistance Agreement, Required Provisions

Subpart 1. Maximum funds.

The maximum amount of assistance funds agreed to by the commissioner must be stated in the assistance agreement for the project.

Subp. 2. Liability; insurance.

The assistance agreement must require an assistance recipient to save and hold the commissioner and Mn/DOT harmless from and against all liability, damage, loss, claims, demands, and actions of any nature that may be related to the project. The assistance recipient shall provide, at its own expense, a comprehensive general liability insurance policy, with per-occurrence limits to be determined by the commissioner.

Subp. 3. Bonds.

The assistance agreement must require an assistance recipient to provide evidence of performance and payment bonds for the full amount of construction contracts let by the applicant in connection with the project.

Subp. 4. Records; audit.

The assistance agreement must require an assistance recipient to maintain project-related books and records according to Mn/DOT specifications contained in the agreement and make the records available to the commissioner for audit purposes. In addition, assistance recipients shall make periodic progress reports to the commissioner. The content and timing of these reports must be as specified in the grant or loan agreement.

Subp. 5. Inspection.

The assistance agreement must require an assistance recipient to permit the commissioner to inspect projects or request applicants to provide independent inspection at any time.

Subp. 6. Criteria for repaying funds.

The commissioner shall notify a recipient of program grants or loans that the recipient is required to repay, if:

A. the project for which the assistance funds are awarded is not completed in accordance with all terms of the assistance agreement, including required completion dates; or

B. a commercial navigation facility for which funds were awarded is converted during the time established in the agreement to a use inconsistent with the purposes of the program or inconsistent with the terms of the agreement or is converted during that period to a use not approved in writing by the commissioner.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Minn. R. 8895.1100 Variance from Agreement Provisions

The commissioner shall grant variances for some of the criteria of this chapter in certain cases if the majority of the criteria of this chapter are satisfied and a showing is made that demonstrable hardship to the community or the region would develop without completion of the project.

History

Statutory Authority: MS s 457A.05
History: 17 SR 570

Chapter 8900 MOTOR CARRIER RATEMAKING

Minn. R. 8900.0100 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.0200 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.0300 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.0400 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.0500 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.0600 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.0700 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.0800 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.0900 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.1000 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8900.1100 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Chapter 8910 RAILROADS; RIGHT OF FIRST REFUSAL

Minn. R. 8910.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Abandonment or abandoned.

"Abandonment" or "abandoned" refers to any process by which the railroad interest seeks the approval of the Interstate Commerce Commission for approval to discontinue service on a portion of railroad track, and includes abandonment and petition for exemption from the abandonment procedures before the Interstate Commerce Commission.

Subp. 3. Appraisal.

"Appraisal" means an estimate of the fair market value of the parcel of property offered for sale but not including those physical improvements owned by the leaseholder. An appraisal may be made by an appraiser or may be in the form of a bona fide offer from an independent third party.

Subp. 4. Appraiser.

"Appraiser" means a person who is a qualified real estate appraiser available for state contracts as established by the state of Minnesota and may be an employee of the railroad interest if that person has met the qualifications established by the state.

Subp. 5. Bona fide offer.

"Bona fide offer" means an offer to buy underlying property without leasehold improvements from an independent third party established in a legally enforceable agreement.

Subp. 6. Commissioner.

"Commissioner" means the Commissioner of the Minnesota Department of Transportation.

Subp. 7. Erected.

"Erected" means constructed or owned, or both.

Subp. 8. Leasehold.

"Leasehold" means property for which there is a lease agreement between the railroad interest and the leaseholder, or as defined by mutual agreement of the leaseholder and the railroad interest.

Subp. 9. Leaseholder.

"Leaseholder" means a person who holds a lease, license, or permit with respect to property within a right-of-way, and who has erected eligible leasehold improvements on the property with a total fair market value of $7,500 or more.

Subp. 10. Leasehold improvement.

"Leasehold improvement" means any structure built specifically for the pursuit of business and that has or had direct access to railroad service.

Subp. 11. Parcel.

"Parcel" means the portion of land that is offered for sale by the railroad interest, which may be the same as, smaller than, or larger than any individual leasehold property.

Subp. 12. Railroad interest.

"Railroad interest" includes a railroad corporation, its trustee or successor in interest, a railroad corporation that is in proceedings for bankruptcy under federal law, and a nonrailroad holding corporation that owns a controlling interest in a railroad.

Subp. 13. Right of first refusal.

"Right of first refusal" means the right of a leaseholder to buy the parcel at a fair market price before sale of that property to any other entity.

History

Statutory Authority: MS s 222.631 to 222.633
History: 11 SR 1692; L 1998 c 403 s 29

Minn. R. 8910.0200 Purpose

The purpose of this chapter is to implement Minnesota Statutes, sections 222.631 to 222.633 by establishing a procedure whereby a railroad interest must offer to leaseholders a first opportunity to purchase real property within a right-of-way that is either being abandoned or offered for sale.

History

Statutory Authority: MS s 222.631 to 222.633
History: 11 SR 1692

Minn. R. 8910.0300 Eligibility

Subpart 1. Leaseholders with surface rights.

Only leaseholders with surface rights are eligible for relief under this chapter. Leaseholders with surface rights are those:

A. with property and facilities served by or formerly served by an industry side track that is owned by a railroad interest and that has lost rail service through abandonment; or

B. who have a leasehold from a railroad interest that is in bankruptcy proceedings.

Subp. 2. Leaseholders of record.

Right of first refusal accrues to leaseholders of record with the railroad interest at the time the parcel is offered for sale by the railroad interest.

Subp. 3. Fair market value.

The fair market value of a leasehold improvement, for purposes of eligibility under parts 9010.0100 to 9010.0400, is determined according to the latest available property tax assessment.

Subp. 4. Limitation.

Eligibility under this part is limited to leaseholds located on rail lines that have been abandoned on or after March 22, 1986, and leaseholds that are offered for sale by a railroad interest in bankruptcy, if the offer to sell was made on or after March 23, 1987.

History

Statutory Authority: MS s 222.631 to 222.633
History: 11 SR 1692

Minn. R. 8910.0400 Procedure

Subpart 1. Notice of intent to sell.

The railroad interest shall notify the leaseholder when it intends to sell a parcel that includes the leasehold. Notice must include the railroad interest's offering price for the parcel, a description of the parcel being offered, and the following statement: "You have a right of first refusal to purchase the subject property under Minnesota Statutes, sections 222.631 to 222.633. For more information, you may write or call the Commissioner of the Minnesota Department of Transportation." The statement must also contain the address and telephone number of the commissioner. The railroad interest is prohibited from accepting offers to purchase the parcel unless the offer is contingent on the leaseholders' rights of first refusal. The leaseholder has 15 days from receipt of notification to challenge the reasonableness of the packaging of the parcel for sale. The challenge must be served in writing on the commissioner within 15 days. A copy of the challenge must be served on the railroad interest.

Subp. 2. Bona fide offer.

If the railroad interest receives a bona fide offer for a parcel, it shall notify all leaseholders affected of the amount of the bona fide offer and of the parcel for which a bona fide offer exists. In addition, the notice must contain the following statement: "You have a right of first refusal to purchase the subject property under Minnesota Statutes, sections 222.631 to 222.633. For more information, you may write or call the Commissioner of the Minnesota Department of Transportation." The statement must also contain the address and telephone number of the commissioner. The leaseholder has 15 days from receipt of notification to challenge the bona fide nature of the offer or to challenge the reasonableness of the packaging of the parcel for which the offer exists, or both. The challenge must be served in writing on the commissioner within 15 days. A copy must be served on the railroad interest. The railroad interest shall then immediately serve upon the commissioner a copy of the bona fide offer. The contents of a bona fide offer must be treated as trade secret information under Minnesota Statutes, section 13.37, upon the filing by the data suppliers of the request accompanied by supporting affidavits.

Subp. 3. Challenge; appraiser recommendation; commissioner's order.

If there is a challenge, the commissioner will, within 60 days of the original notice by the commissioner or railroad interest, issue an order approving or rejecting the railroad interest's packaging of the parcel or bona fide offer, or both. The commissioner shall establish whether the bona fide offer is legitimate based on the following criteria: (1) offer is made by an independent third party, and (2) offeror has entered into a binding agreement with the railroad interest. The commissioner may engage, at the expense of the leaseholder, an appraiser to evaluate the reasonableness of the packaging of the parcel. The commissioner or the commissioner's designated appraiser may interview the railroad interest officials and examine their supporting documents in preparing the review. The commissioner may require the railroad interest to certify that the offer is an independent third party having no affiliation with the railroad interest. The appraiser shall make a recommendation to the commissioner who will issue an order upon review of the recommendation. The criteria for establishing the reasonableness of the parcel shall include:

A. whether the leasehold can be separated out of the parcel without reducing or inhibiting the railroad interest's ability to receive fair market value for its holdings; and

B. whether a bona fide offer can still be achieved even with the removal of the leasehold from the parcel.

Subp. 4. Leaseholder offer.

When a parcel offered for sale by the railroad interest affects more than one leaseholder, the affected leaseholders may make a joint offer or may choose to bid independently for acquisition of the entire parcel offered for sale. The railroad interest may choose which is the most acceptable offer or withdraw the parcel from sale.

Subp. 5. Negotiation; establishing purchase price.

A leaseholder has 90 days to negotiate with the railroad and complete the acquisition of the parcel after the ruling by the commissioner on any challenges.

In the case of an offer to sell when a bona fide offer has not been received, the leaseholder may elect within the first 30 days to secure and submit an independent appraisal to the commissioner and the railroad interest. The railroad interest shall then have 30 days to accept the counter offer of the leaseholder, negotiate an agreement with the leaseholder, or to secure its own independent appraisal which it shall then submit to the leaseholder and the commissioner.

If each of the two appraisals submitted to the commissioner is within five percent of their average, the price established by the commissioner must be the average of the two appraisals. If the variance is greater than five percent of the average price, either the leaseholder or the railroad interest may request the commissioner to choose a third appraiser, the costs of which must be split equally between the leaseholder and the railroad interest. The third appraiser shall report within 30 days to the commissioner, railroad interest, and leaseholder. If an agreement cannot be reached by the 90th day of the negotiation period, a notice of dispute may be filed with the commissioner. Within 30 days after filing of the notice of dispute, the commissioner shall issue an order establishing the purchase price.

Subp. 6. Agreement declined; right forfeited.

If either party declines to enter into an agreement based on the commissioner's order, the party shall forfeit its right under this chapter; that is, the leaseholder forfeits the right of first refusal if the leaseholder withdraws. The railroad remains under an obligation to offer the right of first refusal.

Subp. 7. Time variance.

Timelines established under this chapter may be varied by the commissioner in accordance with the commissioner's rules on variances.

History

Statutory Authority: MS s 222.631 to 222.633
History: 11 SR 1692; L 1998 c 403 s 29

Minn. R. 8910.1000 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8910.2000 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8910.2100 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8910.3000 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Minn. R. 8910.3100 [Repealed, L 2003 1Sp19 art 2 s 79]

[Repealed, L 2003 1Sp19 art 2 s 79]

Chapter 8920 MOTOR CARRIER PRACTICE, PROCEEDINGS

Minn. R. 8920.0100 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.0150 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.0200 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.0300 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.0400 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.0500 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.0600 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.0700 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.0800 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.0900 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1000 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1100 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1200 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1300 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1400 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1500 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1550 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1600 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1700 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1800 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.1900 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2000 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2100 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2200 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2300 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2400 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2500 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2600 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2700 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2800 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.2900 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3000 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3100 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3200 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3300 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3400 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3500 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3600 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3700 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3800 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.3900 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.4000 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.4100 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.4200 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.4300 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.4400 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]

Minn. R. 8920.4500 [Repealed, L 2010 c 320 art 1 s 20]

[Repealed, L 2010 c 320 art 1 s 20]