SCS SB 354 -- COMMERCIAL MOTOR VEHICLES

SPONSOR:  Griesheimer (Schlottach)

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Transportation by a vote of 14 to 0.

This substitute allows the Highways and Transportation Commission
to suspend, revoke, or cancel the registration, license, permit,
or other credentials issued to a motor carrier if a federal
agency or the commission has issued an out-of-service order
against the motor carrier.  The law is applicable to out-of-
service orders placing a motor carrier's entire operation out of
service but does not apply to out-of-service orders placing an
individual driver or vehicle out of service.

When the commission issues an order under the substitute, the
motor carrier cannot operate any commercial motor vehicle and
cannot allow any employee to operate any commercial motor vehicle
in intrastate or interstate commerce.  The motor carrier must
immediately surrender all license plates, motor carrier licenses,
registrations, permits, and other credentials.  An out-of-state
motor carrier will not be eligible to apply for the issuance or
reinstatement of any license, registration, permit, certificate,
or other credentials until the out-of-service order has been
rescinded or the orders have been set aside by a court of proper
jurisdiction.

Any federal or state order will be admissible in administrative
and court proceedings and the orders will constitute prima facie
evidence that the motor carrier violated federal regulations or
that the motor carrier's operation poses an imminent hazard.

Persons aggrieved by a commission's order are allowed to appeal
to a circuit court for a hearing and a review of the order.
Judicial review of the order will be waived unless the petition
is filed within 30 days of the issuance of the order.

The commission may receive and disclose any data relating to any
out-of-service motor carrier to the Federal Motor Carrier
Administration, the Department of Revenue, the State Highway
Patrol, other law enforcement agencies, and motor carrier
liability insurance companies.

The Department of Revenue may immediately, without a hearing,
update the records to reflect the suspension, revocation, or
cancellation of all motor vehicle license plates, registrations,
and other credentials.  The department must notify the motor
carrier and the commission of all actions taken pursuant to the
commission's order.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill will allow bad carriers
that are shut down in other states to be shut down here as well.

Testifying for the bill were Senator Griesheimer; Missouri Motor
Carriers Association; and Department of Transportation.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying provided technical information.

Others testifying on the bill was State Highway Patrol.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm