| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

221.0255.4(a)

Statute ID: 15411

Statute Function ID: 33049

Railroad Motor Carrier - Fail to provide annual training and certification.

In Effect

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Charge

Classifications

Offense Level:

Misdemeanor (M)

General Offense Code:

Other (9)

Offense Summary Code & Rank:

Traffic/Accidents(exclude DWI) (J) (Rank 28)

Detailed Offense Code:

Railroads/Transit Facilities/Providers (918)

Offense Severity Level:

Function Text:

UCR Code

Description

90Z

All Other Offenses

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Yes

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

221.0255.4(a)

Enactment Date:

May 21, 2014

Effective Date:

Aug 1, 2014

Expiration Date:

Repealed?:

Summary Text:

Railroad Motor Carrier - Fail to provide annual training and certification.

Statute ID:

15411

Created:

Jul 21, 2014 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 21, 2014 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

2014 c 300 s 2, Charge; Misd; Certify to DPS; Petty if Certified

Summary Text:

Railroad Motor Carrier - Fail to provide annual training and certification.

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/221/0255.html

Legislative Session:

2014 - Regular

Session Law Text?:

Statute text last updated on:

Jul 21, 2014

(a)The motor carrier of railroad employees must implement a policy that provides for annual training and certification of the operator in:

(1) safe operation of the vehicle transporting railroad employees;

(2) knowing and understanding relevant laws, rules of the road, and safety policies;

(3) handling emergency situations;

(4) proper use of seat belts;

(5) performance of pretrip and posttrip vehicle inspections, and inspection record keeping; and

(6) proper maintenance of required records.

(b) The motor carrier of railroad employees must:

(1) confirm that the person is not disqualified under subdivision 6, by performing a criminal background check of the operators, which must include:

(i) a criminal history check of the state criminal records repository; and

(ii) if the operator has resided in Minnesota less than five years, a criminal history check from each state of residence for the previous five years;

(2) annually verify the operator's driver's license;

(3) document meeting the requirements in this subdivision, which must include maintaining at the carrier's business location:

(i) a driver qualification file on each operator who transports passengers under this section; and

(ii) records of pretrip and posttrip vehicle inspections as required under subdivision 3, paragraph (a), clause (3);

(4) maintain liability insurance in a minimum amount of $5,000,000 regardless of the seating capacity of the vehicle;

(5) maintain uninsured and underinsured coverage in a minimum amount of $1,000,000; and

(6) ensure inspection of each vehicle operated under this section as provided under section 169.781.

(1) a copy of the operator's most recent medical examiner's certificate;

(2) a copy of the operator's current driver's license;

(3) documentation of annual license verification;

(4) documentation of annual training;

(5) documentation of any known violations of motor vehicle or traffic laws; and

(6) responses from previous employers, if required by the current employer.

(d) The driver qualification file must be retained for one year following the date of separation of employment of the driver from the carrier. A record of inspection under paragraph (b), clause (3), item (ii), must be retained for one year following the date of inspection.

(e) underline endIf a party contracts with the motor carrier on behalf of the railroad to transport the railroad employees, then the insurance requirements may be satisfied by either that party or the motor carrier, so long as the motor carrier is a named insured or additional insured under any policy.