HB 1340 -- Operation of Commercial Motor Vehicles

Sponsor:  Schlottach

This bill 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 orders placing an individual driver or vehicle
out of service.

When the commission issues an order under the provisions of the
bill, the motor carrier cannot operate any commercial motor
vehicle and cannot allow any employee to operate any commercial
motor vehicle acting under the carrier's authority or control 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rescinded or the orders have been set aside by a court of proper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 safety
hazard, or both.

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.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:43 am