Subd. 1. Purpose; intent; exemption.

1. (a) The purpose of this section is to adopt federal regulations governing testing for controlled substances.

2. (b) The legislature intends that the adopted federal regulations be applied:

   1. (1) to persons who provide intrastate transportation, who are subject to the rules adopted in section 221.0314, subdivisions 2 to 5, for driver qualifications, and who operate commercial motor vehicles, as defined in Code of Federal Regulations, title 49, section 391.85; and
   2. (2) in the same manner that the federal regulations apply to interstate transportation.
3. (c) Intrastate carriers who are required to comply with the adopted federal regulations are exempt from the requirements of sections 181.950 to 181.957. This exemption applies only to the testing of drivers.

Subd. 2. Definitions.

For purposes of this section, the following terms used in the federal regulations adopted in subdivisions 4 and 5 have the meanings given them in this subdivision:

1. (a) "DOT agency" means the commissioner of transportation.
2. (b) "DOT agency regulations" means the federal regulations adopted in subdivisions 4 and 5.

3. (c) "Motor carrier" means:

   1. (1) a motor carrier as defined in section 221.011, subdivision 15; and

   2. (2) a private carrier as defined in section 221.011, subdivision 26, or a person providing transportation described in section 221.025 when the private carrier or person:

      1. (i) is subject to the rules of the commissioner for driver qualifications under section 221.031; and

      2. (ii) is operating a commercial motor vehicle.

         The term "motor carrier" includes a motor carrier's agents; officers; representatives; employees responsible for hiring, supervising, training, assigning, or dispatching drivers; and employees concerned with installing, inspecting, and maintaining motor vehicle equipment or accessories. The definition of motor carrier includes the term "employer."

Subd. 3. Applicability.

The regulations adopted in subdivisions 4 and 5 apply to a motor carrier providing transportation by commercial motor vehicle in intrastate commerce.

Subd. 4. Driver qualifications; federal regulations adopted.

Code of Federal Regulations, title 49, sections 391.41, paragraph (c); 391.43, paragraph (a)(2); 391.81, paragraphs (a) and (b); 391.85; 391.87; 391.89; 391.95 to 391.123; and part 391, appendix D, are incorporated by reference.

Subd. 5. Controlled substance testing; federal regulations adopted.

Code of Federal Regulations, title 49, sections 40.1; 40.3; 40.21, paragraphs (a), (c), and (d); 40.23 to 40.39; and part 40, appendix A, are incorporated by reference.

Subd. 6. Applicability of other testing programs.

1. (a) If a drug testing program established under this section is limited to testing for the controlled substances listed in Code of Federal Regulations, title 49, section 40.21, paragraph (a), sections 181.950 to 181.957 do not apply.
2. (b) Persons subject to this section may test for drugs, in addition to those listed in Code of Federal Regulations, title 49, section 40.21, paragraph (a), or for alcohol, only in accordance with sections 181.950 to 181.957, and rules adopted under those sections.