Subd. 4.

Motor carrier of railroad employees; requirements.

(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 operator, 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 deleted text begin $1,000,000deleted text end new text begin
$5,000,000new text end ; and

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

(c) A driver qualification file under paragraph (b), clause (3), must include:

(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) If 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.