SS SCS SB 969 -- Motor Vehicles

Sponsor:  Stouffer

This substitute changes the laws regarding motor vehicles.

UNIFORM REGISTRATION FEES

A flat fee of $26.25 will be charged for all passenger motor
vehicles and commercial motor vehicles with a gross weight rating
of 12,000 pounds or less.  This provision becomes effective
July 1, 2007.

SPECIALTY LICENSE PLATES ISSUANCE

The Department of Revenue will be allowed to deny applications
and the issuance of special license plates if no applications are
received within five years of the effective date of the law
authorizing the plate.

DRIVEAWAY SADDLEMOUNT COMBINATIONS

The maximum length for driveaway saddlemount combinations are
increased from 75 feet to 97 feet.  Combinations having a length
greater than 97 feet may not be operated on the interstate
highway system.

IDLE REDUCTION TECHNOLOGY WEIGHT INCREASE

The maximum gross vehicle weight limit and axle weight limit for
heavy-duty vehicles equipped with idle reduction technology may
be increased up to an additional 400 pounds to compensate for the
additional weight of the technology.

EXPUNGEMENT OF COMMERCIAL DRIVER'S LICENSE (CDL) RECORDS

The substitute prohibits the expungement of a minor in possession
charge for a holder of a commercial driver's license or a person
operating a commercial motor vehicle at the time of the violation
and specifies that no records will be expunged for a CDL holder
who has been convicted of or pled guilty to an offense when the
person's blood alcohol content was .04 or above.

LIENS ON MOTOR VEHICLES FOR STORAGE OR SERVICES

A lienholder may apply for a title to a motor vehicle if the
statutory notice is returned marked "not forwardable" or
"addressee unknown."  The application for the lien must be
accompanied by a copy of the statutory notice given to the owner
of the motor vehicle and other lienholders of interest.  The
substitute removes the requirement that the Department of Revenue
must notify the motor vehicle owner or other lienholder of
interest before issuing a lien title and adds a provision which
allows the filing of a petition to challenge whether the chattel
was wrongfully taken.

FAILURE TO APPEAR

The substitute adds failure to appear or pay by a commercial
driver's license holder as a driving offense requiring indefinite
suspension until compliance is fulfilled.

COMMERCIAL DRIVER'S LICENSE MILITARY EXEMPTION

The substitute specifies that a military member is exempt from
possessing a commercial driver's license while driving a vehicle
for military purposes.  Currently, the military member must be
driving a military vehicle to qualify for the exemption.

ABANDONED MOTOR VEHICLES

Abandoned property will not be subject to the transfer
notification provisions of Sections 301.196 - 301.198, RSMo, which
require private sellers to notify the Department of Revenue of the
sale.  The substitute requires registered owners to present a copy
of their most recent registration receipt or title for the
abandoned property to law enforcement or the towing company in
order to have the property released, and an insurer or a holder of
a valid security interest will not be required to present these
documents.

CERTIFICATION PROCEDURES FOR LOCAL LAW ENFORCEMENT OFFICIALS

The State Highway Patrol will be required to establish a program
to certify local law enforcement officers regarding enforcing the
provisions of Sections 304.170 - 304.230.  The certification
procedures must include training, testing, on-the-job experience,
data collection, and other specified components and must meet the
requirements established by the Commercial Vehicle Safety Alliance
(CVSA).  The patrol is authorized to establish reasonable fees to
cover the costs of training and certification.  Beginning July 1,
2007, no law enforcement officer may make an arrest, issue a
citation, or conduct a commercial motor vehicle roadside
inspection to determine compliance with the provisions of Sections
304.170 - 304.230 unless the law enforcement officer has
satisfactorily completed a basic training course developed by CVSA
and has been certified by the patrol.

PRE-EMPTION OF COMMERCIAL MOTOR VEHICLE ENFORCEMENT LAWS

The power to conduct a commercial motor vehicle roadside
inspection is removed from all local law enforcement officers and
agencies except those in the cities of Kansas City and St. Louis.

AFFIRMATIVE DEFENSE FOR PROCEEDING THROUGH A RED LIGHT WITH A
MOTORCYCLE

The substitute specifies that a person operating a motorcycle who
enters or crosses an intersection controlled by a traffic signal
against a red light will have an affirmative defense to that
charge if the person establishes that:

(1)  The motorcycle was brought to a complete stop;

(2)  The traffic signal continued to show a red light for an
unreasonable amount of time;

(3)  The traffic signal was apparently malfunctioning or, if
programmed or engineered to change to a green light only after
detecting the approach of a motor vehicle, the signal apparently
failed to detect the arrival of the motorcycle; and

(4)  No motor vehicle or person was approaching or was so far away
from the intersection that it did not constitute an immediate
hazard.

The affirmative defense applies only to a violation for entering
or crossing an intersection controlled by a traffic signal against
a red light and does not provide a defense to any other civil or
criminal action.

CIVIL ENFORCEMENT OF TRAFFIC AND MOTOR VEHICLE VIOLATIONS

The substitute allows for the civil enforcement of certain traffic
and motor vehicle violations and converts various minor traffic
and motor vehicle violations from low-grade misdemeanors to
infractions.

SALVAGE VEHICLES

Currently, the definition of "salvage vehicle" includes a motor
vehicle that has been damaged to the extent that the cost of
repairs to rebuild it exceeds 75% of the fair market value of the
vehicle.  The substitute changes the damage threshold from 75% to
80% and restricts the 80% damage threshold to vehicles which have
a manufacturer's model year designation within three years of when
the vehicle was damaged.

DISABLED PLACARDS

The substitute removes the $4 fee for the permanent removable
windshield disabled parking placard but keeps the $4 fee for a
temporary replacement windshield placard and requires them to be
renewed every four years instead of two years.

ELECTRONIC BIDDING

The Highways and Transportation Commission is authorized to
receive bids and bid bonds for any contract for construction,
maintenance, repair, or improvement of any bridge or highway on
the state highway system electronically through the Internet.  At
its discretion, the commission may elect to receive both
electronic and paper bids or may specify electronic bidding
exclusively for any proposed contract.  The substitute establishes
minimum criteria for the electronic bidding program.

TOWING FEES

When a towing company removes abandoned property pursuant to a law
enforcement or Department of Transportation request, the towing
company may submit reasonable towing and storage fees, not to
exceed $300, to the entity requesting removal of the abandoned
property.

LICENSE PLATE COVERS

License plates may be encased in transparent covers as long as the
plates are plainly visible and their reflective qualities are not
impaired.

STATE OF THE STATE OF TRANSPORTATION ADDRESS

The requirement that the Director of the Department of
Transportation deliver an annual state of the state of
transportation address to the General Assembly is eliminated.

SCHOOL BUSES

The substitute increases the penalties for those who fail to stop
for school buses that are loading or unloading children.  Any
person who fails to properly yield for a school bus and causes an
injury to a child will be guilty of a class D felony.  Any person
who fails to properly yield for a school bus and causes the death
of a child will be guilty of a class C felony.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:47 am