HCS HB 665 -- TRANSPORTATION

SPONSOR:  Dixon

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 10 to 3.

This substitute changes the laws regarding transportation.

SAFETY BELTS

Currently, the driver and each front-seat passenger of cars and
trucks with a licensed gross weight under 12,000 pounds must wear
a safety belt.  Exemptions are allowed for United States Postal
Service employees while performing their duties, persons
operating or riding a motor vehicle being used in agricultural
work-related activities, and persons with a medical reason.  The
substitute requires all drivers and passengers in all cars and
trucks to wear a safety belt except those already exempt.  A
person with a medical reason must possess documentation from a
physician.

The substitute removes the provision that prohibits a person from
being stopped, inspected, or detained solely for not wearing a
properly adjusted and fastened safety belt.

Currently, failure to wear a safety belt can be admitted as
evidence to mitigate damages if the evidence supports the fact
that the plaintiff who failed to wear the belt contributed to his
or her injuries and the amount of his or her recovery can be
reduced by up to 1% of the awarded damages.  The substitute
increases the reduction in the amount of the awarded damages to
up to 50% with the remaining percent of the damages awarded going
to the Division of Highway Safety within the Department of
Transportation to be used solely for promoting safety belt
awareness.

TOWING BY LAW ENFORCEMENT

Currently, property is considered to be abandoned when it has
been on the right-of-way of any highway or freeway in an
urbanized area for 10 hours.  Property on the right-of-way on any
highway or freeway outside of an urbanized area is not considered
abandoned until it has been on the right-of-way for 48 hours.
The substitute specifies that property outside of an urbanized
area will be considered abandoned after it has been left
unattended for 12 hours on the right-of-way of the state highway
system.

The substitute also authorizes law enforcement officers to tow a
vehicle abandoned by a person who eludes arrest for an alleged
offense for which the officer would have taken the offender into
custody and allows officers to immediately remove abandoned
property from the right-of-way of any interstate, freeway, or
state highway if the abandoned property is creating a traffic
hazard.  Currently, only the Department of Transportation is
authorized to immediately remove a hazard from a state highway.

DEPARTMENT OF TRANSPORTATION

Employees of the Department of Transportation are prohibited from
being compensated for participating in any political activity or
while lobbying as specified in Section 105.470, RSMo.  Any person
lobbying for the department must be registered as a lobbyist.

The department must adhere to all local ordinances when planning,
designing, constructing, improving, maintaining, or operating a
project located in a local political subdivision.

WIRELESS TELEPHONE USE WHILE DRIVING

The substitute prohibits a person from operating a motor vehicle
on public property while using a wireless telephone unless that
telephone is specifically designed and configured to allow
hands-free listening and talking and is being used in that manner
or the motor vehicle is stationary.  Any person using a wireless
telephone for emergency purposes; an emergency services
professional using a wireless telephone in the scope of his or
her duties; or a person using a digital two-way radio who is
driving a commercial vehicle excluding pick-up trucks, wreckers,
or tow trucks will be exempt from the provisions of the
substitute.  The fine for violating this provision will be $100
with the fine to be used as follows:

(1)  $50 for safety purposes pursuant to 23 U.S.C. Section
406(e);

(2)  $25 distributed to the local school district where the
violation occurred; and

(3)  $25 to the Division of Highway Safety within the Department
of Transportation for promoting safety belt awareness programs.

TEXT MESSAGING WHILE DRIVING

The substitute prohibits drivers from sending, reading, or
writing text messages or electronic messages while operating
motor vehicles on the highways in Missouri.  This provision does
not apply to persons operating emergency vehicles or any person
operating a motor vehicle who sends a text message to report
illegal activity, summon medical or other emergency help, prevent
personal or property injuries, or relay information between a
transit or for-hire operator and a dispatcher.  Anyone violating
this provision will be guilty of an infraction which will be
considered a moving violation for purposes of point assessment.
These provisions supersede any local laws that regulate the use
of electronic wireless communication devices by the operator of a
motor vehicle.

RAILROAD CROSSING SAFETY

The Highways and Transportation Commission is required to
investigate all accidents occurring on any railroad or street
railroad and to investigate upon receiving a complaint related to
the safety of any public grade crossings located in a flood plain
or on a crossing that has a high volume of school buses.

Upon investigation if it is determined that a railroad crossing
is not safe and it is found necessary to protect and promote
public safety, the commission must determine how to make the
crossing safer.  In the event the crossing is not made safer, the
crossing will be closed to the public.

SEARCH WARRANTS

The substitute specifies that the State Highway Patrol, not the
county sheriff, will have the authority to serve search warrants
for offenses relating to driving while intoxicated and the
investigation of motor vehicle traffic accidents.  The patrol
will not be required to notify the county sheriff of the search
warrant in these cases.

MISSOURI UNIVERSAL RED LIGHT ENFORCEMENT ACT

The substitute establishes the Missouri Universal Red Light
Enforcement Act which allows various political entities to
establish automated photo red light enforcement systems to detect
red light signal violations.

Prior to installation, all systems must be registered with the
Department of Transportation.  At the time of registration, a
one-time, $500-per-light fee will be collected and deposited into
the newly created Red Light Enforcement Fund for conducting
audits to ensure entity compliance with the provisions of the
substitute.

The roadway must be clearly marked with a white stripe indicating
the stop line and the perimeter of the intersection prior to
activation of the system.  The entity must also install warning
signs within 500 feet of the white stripe indicating the stop
line and have the signal phase timings at the intersection
certified by the department.  Prior to installing the automated
enforcement system, the entity must give notice of the
intersection where the system will be located and the date on
which the system will begin to monitor the intersection.  The
entity must give the notice at least 14 days prior to the
installation of the system in a newspaper of general circulation
throughout the area served by the entity.

The substitute requires entities implementing a system to submit
an annual report to the department regarding:

(1)  The number of intersections enforced by an active system;

(2)  The number of notices of violation mailed;

(3)  The number of notices of violation paid;

(4)  The number of hearings; and

(5)  The total revenue collected as a result of the system.

Any entity failing to complete the annual report within 45 days
of its due date will be fined $50,000 and must remove all
automated photo red light enforcement systems.

Entities that establish an automated photo red light enforcement
system may contract with a private vendor to perform operational
and administrative tasks associated with the use of the system
but not the issuance of the notice of violation.  Any
compensation paid to a private vendor must not be based upon the
number of violations mailed, the number of citations issued, the
number of violations paid, or the amount of revenue collected by
the entity.

Before a notice of violation may be issued, all images produced
by a system must be reviewed and approved by a law enforcement
officer employed by the entity in which the alleged violation
occurred.  Based on inspection of recorded images, a signed
notice of violation or copy of the notice alleging that the
violation occurred will be evidence of the facts and will be
admissible in any proceeding.

The substitute specifies what the notice of violation is to
contain including a copy of two recorded images and a zoomed and
cropped image of the vehicle's license plate and an image of the
driver as well as information on how he or she can review the
alleged violation and contest it.  Any issued notice of violation
must be mailed no later than three business days after the
violation was recorded by the automated system.

The penalties and court costs imposed for a violation must not
exceed an amount that would have been imposed if the violation
had been detected by a law enforcement officer present when the
violation occurred.  A person who commits a red light violation
will be guilty of a moving violation as specified in Section
302.302.  A person charged with committing a red light violation
may rebut the violation by filing an affidavit with the court
that he or she was not the operator of the vehicle at the time of
the alleged violation.

Entities must issue warning notices for the first 30 days after a
system is installed, and no entity may use a photo radar system
to enforce speeding violations.  Entities will also be required
to maintain photographic and other recorded evidence for at least
three years.  Photographic and recorded evidence will not be
subject to disclosure under the Open Meetings and Records Law,
commonly known as the Sunshine Law.

UNINSURED MOTORISTS

The Uninsured Motorist Stipulation of Benefits Act of 2009 is
established.  An uninsured motorist involved in an accident with
a complying policyholder will be subject to a 100% reduction of
recovery for noneconomic damages.  The reduction will not apply
if it can be proven that the insured motorist caused the accident
while under the influence of drugs or alcohol or if the insured
motorist is convicted of vehicular assault or homicide.
Passengers in the uninsured motor vehicle will not be subject to
the waiver.  The substitute will not apply to a motorist whose
insurance policy was terminated for failure to pay the premium
unless notice of termination for failure to pay was provided by
the insurer at least 30 days prior to the accident.

Any person who knowingly or intentionally produces, manufactures,
sells, or distributes a fraudulent insurance identification card
will be guilty of a class D felony.  A person who is knowingly or
intentionally in possession of a fraudulent insurance
identification card will be guilty of a class B misdemeanor and
if in an accident with a complying policyholder will be subject
to a 100% reduction of recovery for noneconomic losses.  Any
person who owns or operates a motor vehicle under the influence
of drugs or alcohol and is in an accident will be subject to a
100% reduction of recovery for noneconomic losses.

If a motor vehicle owner fails to maintain financial
responsibility as required in Section 303.160, the owner will be
guilty of a class B misdemeanor for a first offense and a class A
misdemeanor for a subsequent violation and will have his or her
motor vehicle impounded and driver's license suspended until
proof of financial responsibility is provided.  The substitute
allows the departments of Public Safety and Revenue to enter into
agreements with local law enforcement agencies to collect and
return to the Department of Revenue suspended or revoked driver's
licenses, motor vehicle registrations, and motor vehicle license
plates.  If financial responsibility is not maintained, the
vehicle owner must surrender the vehicle license plate and
registration certificate to the Department of Revenue within five
days after loss of financial responsibility.

In its discretion, the Department of Revenue can authorize
automobile insurers to use alternative methods to provide notice
of cancellation, refusal to renew, new policies written, and
renewals to the department for individuals whose financial
responsibility is through insurance coverage.  A registration
certificate cannot be reissued until satisfactory evidence of
financial responsibility has been filed.  The substitute
establishes an appeal process for individuals who at the time of
suspension have maintained financial responsibility.

Upon proof of financial responsibility, a reinstatement fee of
$200 must be paid by a vehicle owner who has not voluntarily
surrendered his or her license plates and registration
certificate.  Any person who willfully fails to return his or her
license plates and registration certificate will be guilty of a
misdemeanor and will be punished as follows:

(1)  For a first offense, a fine of not less than $100 but no
more than $200, or a 30-day imprisonment;

(2)  For a second offense, a fine of $200, a 30-day imprisonment,
or both; and

(3)  For a third or subsequent offense, imprisonment for not less
than 45 days but no more than six months.

A $5 fine payable to the Department of Revenue is established for
every day in which there is a lapse in the required financial
responsibility.  The total amount of the fine cannot exceed $200
for a first offense.

The substitute repeals the provisions regarding proof of
financial responsibility notification, suspension, and hearings
in Sections 303.041 and 303.042.

CONTRACT CARRIERS TRANSPORTING RAILROAD EMPLOYEES

The substitute requires drivers for contract carriers that
transport railroad employees to have a valid chauffeur's license
and a recent driving record from each prospective driver.  The
carrier must also conduct a review of the driving record of each
applicant prior to his or her being hired and maintain a
personnel file on each driver.

A driver transporting railroad employees is limited to 16 hours
of total on-duty time within any 24-hour period.  A driver who
has 12 hours of actual vehicle operation within any 24-hour
period or 16 hours of total on-duty time within any 24-hour
period must have at least eight consecutive hours off duty before
operating a vehicle under their employ again.

A contract carrier transporting railroad employees must maintain
individual daily time records for a minimum of six months
indicating the times all for-hire motor carrier drivers employed
by them reported for duty, the corresponding times of relief from
duty, total time driven each day, total time on duty each day,
and total time off duty for each day.  All records required to be
maintained under this provision must be made available for
inspection by the Department of Transportation.

Each contract carrier must maintain liability insurance in an
amount not less than $1.5 million for each vehicle used to
transport railroad employees.

MOTOR VEHICLE WINDSHIELD STICKERS

The substitute requires a window sticker instead of a license
plate tab to be placed on the inside front windshield of a motor
vehicle to show the current registration.  A window sticker will
not be issued for a motorcycle or trailer registration.

The Director of the Department of Revenue is allowed, beginning
January 1, 2012, to prescribe additional information to be
recorded on the window sticker to ensure that it positively
correlates with the license plate or plates issued for the
vehicle.

PUBLIC ROADWAYS

The substitute requires the Department of Transportation's plans,
programs, and projects to provide full consideration for the
safety and contiguous routes for bicyclists, pedestrians,
disabled persons, and transit users of all ages and abilities.
Bicycle and pedestrian ways must be given full consideration in
the planning and development of transportation facilities by the
department, including their incorporation into state plans and
programs.

DRUNK DRIVING VICTIM MEMORIAL SIGN PROGRAM

The Risk Awareness Program is established which requires the
Department of Transportation to establish and administer a drunk
driving victim memorial sign program.  The department must adopt,
by rules and regulations, program guidelines for the application
for and placement of signs including, but not limited to, the
sign application and qualification process, the procedure for the
dedication of signs, and procedures for the replacement or
restoration of any signs that are damaged or stolen.

Any person may apply to the department to sponsor a drunk driving
victim memorial sign in memory of an immediate family member who
died as a result of a motor vehicle accident caused by a person
who was shown to have been operating a motor vehicle in violation
of an alcohol-related traffic law at the time of the accident.  A
person who is not a member of the victim's immediate family may
also make a request if he or she submits the written consent of a
member of the victim's immediate family.  The department will
charge the sponsoring party a fee to cover the department's cost
in designing, constructing, erecting, and maintaining the sign.
Signs will remain in place for 10 years and may be renewed for
another 10 years after payment of the appropriate maintenance
fees.

The signs developed by the department will feature the words
"Drunk Driving Victim!", the initials of the deceased victim, the
month and year in which the victim was killed, and the phrase
"Think About It!".

All other roadside memorials or markers commemorating the death
of a drunk driving victim are prohibited.  No person, other than
a department employee or designee, may erect a drunk driving
victim memorial sign.

COMMERCIAL DRIVER'S LICENSE

The substitute prohibits the expungement of a minor in possession
charge or for being found guilty with a blood-alcohol content of
at least .04 for holders of commercial driver's licenses or
persons operating commercial motor vehicles when the violation
occurred.  Any person will be disqualified from driving a
commercial motor vehicle for a period of not less than one year
if convicted for the first violation of an alcohol-related
violation.

The Director of the Department of Revenue will disqualify a
commercial driver's license holder or operator of a commercial
motor vehicle as a commercial driver upon receipt of a conviction
for an offense or failure to appear or pay.  The disqualification
will remain in effect until the department director receives
notice that the person has complied with the requirement to
appear or pay.

The penalty for making a false unsworn statement or affidavit in
the driver's license process is changed from a class A
misdemeanor to a class D felony.

The state must immediately revoke a hazardous material
endorsement upon receipt of an Initial Determination of Threat
Assessment and Immediate Revocation from the federal
Transportation Security Administration and must revoke or deny a
hazardous material endorsement within 15 days of receipt of a
final determination.  The definition of "hazardous materials" is
revised to be consistent with federal law and regulations.

Any person convicted for driving while out of service will be
disqualified from driving a commercial motor vehicle in a manner
prescribed by federal regulations.

The provisions regarding motor vehicle windshield stickers become
effective January 1, 2011.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of
$4,413,592 in FY 2010, $4,481,442 in FY 2011, and $4,656,270 in
FY 2012.  Estimated Income on Other State Funds of $285,650 in
FY 2010, $1,383,567 in FY 2011, and $2,404,354 in FY 2012.

PROPONENTS:  Supporters say that the bill will increase seat belt
usage which will save lives.  When you wear a safety belt, you
greatly reduce the risk of having a serious injury or death.

Testifying for the bill were Representative Deeken; Robert
Johnson, St. John's Hospital; Missouri Employers Mutual
Insurance; Greg White, Cole County Sheriff; Department of
Transportation; Michael Boland, Mothers Against Drunk Driving;
State Farm Insurance Companies; Joy Oesterly, Missouri Kids
First; Missouri Chamber of Commerce and Industry; Missouri
Insurance Coalition; Missouri Safety Council; Missouri Police
Chiefs' Association; Carl Wolf, Hazelwood Police Department; Mike
Force, Lake St. Louis Police Department; Robert Pruett,
Bellefontaine Neighbors Police Department; Michael Serbert,
Bolivar Police Department; Delmar Haase, Carl Junction Police
Department; and Terry Foster, Moscow Mills Police Department.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am