CCS HCS SCS SB 82 -- MOTOR VEHICLES

This bill changes the laws regarding motor vehicles.

TEMPORARY PERMITS

The bill removes references to the terms "plate" and "paper
plate" from the temporary permit provision.  The provision which
requires the issuance of temporary permits to nonresidents is
repealed.

IN TRANSIT PLACARDS

The provision which requires dealers to use an "In Transit"
placard when moving a motor vehicle from one dealer to another or
from the manufacturer is repealed.

OUT-OF-STATE CERTIFICATES OF OWNERSHIP

The absence of a prior designation on an out-of-state title that
the vehicle is a reconstructed motor vehicle, motor change
vehicle, specially constructed motor vehicle, or prior salvage
vehicle will not relieve the transferor from exercising due
diligence regarding the title prior to its transfer.  If the
transferor does this, he or she will not be liable even if the
title was not properly designated.

SALES BY DEALERS

Dealers are required to have a certificate of ownership or proof
that the dealer has applied for a certificate of ownership or
that a prior lien has been satisfied by the dealer for every
motor vehicle in the dealer's possession.

MOTOR VEHICLE DEALERS

Any motor vehicle dealer licensed before August 28, 2007, is
required to sell six or more motor vehicles annually to continue
to be eligible for licensure as a motor vehicle dealer if the
dealer can prove that the business sold six or more vehicles per
year in the preceding 24 months.  If the dealer has been in
business for less than 24 months, the sales must equal one for
every two months that the dealer has been in business before
August 28, 2007.  Any licensed motor vehicle dealer failing to
meet the minimum sales requirements will not be qualified to
renew his or her license for one year.  Applicants who reapply
after the one-year period must meet the six sales per year
requirement.

The bill makes it unlawful for a person to sell six or more,
instead of the current seven or more, motor vehicles in a
calendar year unless the person is licensed or meets other
specified exceptions.  The sale of six or more vehicles within a
calendar year by a person without a license is considered as
acting as a motor vehicle dealer without a license.

BONA FIDE ESTABLISHED PLACES OF BUSINESS

Motor vehicle dealer applications are required to include an
annual certification that the applicant has a bona fide
established place of business for the first three years and only
every other year thereafter.  A bona fide established place of
business for any motor vehicle dealer, used motor vehicle dealer,
powersport dealer, boat dealer, wholesale motor vehicle dealer,
trailer dealer, or wholesale or public auction, in addition to
other current legal requirements, must be a permanent enclosed
commercial building, which sells, barters, trades, services, or
exchanges motor vehicles, boats, personal watercraft, or
trailers.  The photograph that accompanies a dealer application
must not be any smaller than five by seven inches.  Any dealer
selling only emergency vehicles is exempt from having to maintain
a bona fide place of business and the requirements for law
enforcement certification and minimum yearly sales.

PROOF OF INSURANCE

Every applicant for a new motor vehicle franchise dealer, a used
motor vehicle dealer, a powersport dealer, a wholesale motor
vehicle dealer, a trailer dealer, or a boat dealer must furnish a
copy of a current dealer garage policy with the policy number and
name of the insurer and the insured at the time of application.

ISSUANCE OF DEALER NUMBER PLATES

The Department of Revenue must issue to any new motor vehicle
manufacturer and other dealers one distinctive dealer plate and
may issue two additional number plates.  The fee for the two
additional number plates is $21.  The number of additional plates
a new motor vehicle manufacturer may hold will be limited to no
more than 347.  New and used dealers are limited to one
additional plate or certificate of number per 10-unit qualified
transactions annually.  New and used recreational vehicle dealers
are limited to two additional plates or certificates of number
per 10-unit qualified transactions annually for the first 50
transactions and one additional plate or certificate of number
per 10-unit qualified transactions thereafter.  Wholesale and
public auctions will be issued a certificate of dealer
registration in lieu of a dealer number plate.  In order for a
dealer to obtain number plates or certificates, a dealer must
submit to the Department of Revenue a statement certifying, under
penalty of perjury, the dealer's number of sales during the
period of July 1 to June 30.

USED MOTOR VEHICLE DEALER EDUCATIONAL SEMINARS

Public auto auctions and applicants currently holding a new or
used dealer's license for a separate dealership will not be
required to show proof of completing an educational seminar when
applying for a used motor vehicle dealer's license.  Current new
motor vehicle franchise dealers and motor vehicle leasing
agencies will not be subject to the educational seminar
requirements.

MOTOR VEHICLE SHOWS

Motor vehicle dealers may participate in no more than two motor
vehicle shows annually away from the dealer's licensed place of
business if the event is conducted for not more than five
consecutive days and the event does not require the dealer to pay
an unreasonably prohibitive participation fee.  If any show or
sale includes a class of dealers or franchised new vehicle
line-make that is also represented by a same class dealer or a
dealer representing the same line-make outside the city or town
limits and is within 10 miles of where the show or sale is to
take place, the dealer outside the city or town limits must be
invited to participate in the show or sale.  The bill shortens
the duration of off-site sales to five days instead of 10 days
and increases the permit fee for off-site sales from $250 to
$550.  An out-of-state recreational vehicle show promoter may
hold recreational vehicle shows within the state under certain
conditions.

ADVERTISING STANDARDS

The terms "invoice price" and "$....below/over invoice" cannot be
used in advertisements as is currently allowed, and the
prohibition on advertisements that offer to match or better a
competitor's price is removed.

SALVAGE VEHICLES

The definition of "salvage vehicle" is revised to include a later
model year vehicle that is damaged during a year no more than six
years after the manufacturer's model year designation which is
damaged to the extent that the total cost of repairs to rebuild
it exceeds 80% of the value of the vehicle prior to it being
damaged.  In determining salvage value, the total cost of repairs
cannot include the cost of repairing hail damage.  The bill also
requires purchasers of salvage vehicles no more than six years
past the manufacturer's model year designation to apply for a
salvage title.  On any salvage vehicle purchased during a year
more than six years past the manufacturer's model year
designation, the application for a salvage title is optional.

MOTOR VEHICLE FRANCHISE PRACTICES ACT

The definition for "motor vehicle" contained in the Motor Vehicle
Franchise Practices Act is revised to include any engine,
transmission, or rear axle that is manufactured for installation
in any vehicle with a gross vehicle weight rating over 16,000
pounds, regardless of whether the part is attached to a vehicle
chassis.

RENTAL VEHICLES

Currently, any additional charges other than the sales tax which
customers must pay when renting a vehicle must be clearly
disclosed in the advertised price.  The bill requires that the
additional charges must be clearly disclosed on the rental
agreement.  When a rental rate is advertised, the maximum daily
amount of additional charges must also be quoted.

EMERGENCY VEHICLES

Currently, drivers must yield the right-of-way upon the immediate
approach of certain emergency vehicles with an audible siren or
with at least one lighted lamp exhibiting red light visible under
normal atmospheric conditions from a distance of 500 feet or a
flashing blue light as authorized by Section 307.175, RSMo.  The
bill adds any vehicle operated by a conservation agent as an
emergency vehicle for which drivers must yield the right-of-way.

MOTOR VEHICLE LIENS

A lienholder is required to release a motor vehicle lien within
five business days after the lien has been satisfied.  Currently,
a lienholder has 10 business days.  A lienholder must also notify
the department within five business days after the release if the
certificate of ownership is in its possession.  Any lienholder
who fails to timely release a satisfied lien is subject to a fine
of up to $2,500 depending on the number of days of noncompliance.

DISTINCTIVE DEALER PLATES

The bill creates the dealer license number designations of RV-0
through RV-9999 for new and used recreational vehicles.  The
commercial motor vehicle designation for plates D-1000 through
D-1999 has been changed for use by new motorcycle franchise
dealers and powersport dealers.  The bill expands the number of
dealer plates for wholesale motor vehicle dealers and boat
dealers.

DRIVEAWAY SADDLEMOUNT COMBINATIONS

The maximum length for a driveaway saddlemount combination is
increased from 75 feet to 97 feet when operated on any interstate
highway.

SPECIAL LICENSE PLATES

Provisions authorizing the designation of a special firefighter
license plate for any person employed with a fire department,
fire protection district, or voluntary fire protection
association are reinstated.

The department is allowed to deny a special license plate if no
applications are received within five years from the effective
date of the bill authorizing the plate.

LICENSES OF MILITARY MEMBERS

The bill allows a driver's license application to be signed by an
individual with power of attorney for another individual deployed
with the United States Armed Forces.  The bill authorizes the
department director to waive the driving skills test required for
a commercial driver's license for any qualified military
applicant who is currently licensed at the time of application
and to accept alternative requirements for satisfaction of the
skills test.  The applicant must not have had any license
suspension, revocation, or cancellation within two years of the
application.

SALVAGE POOL SALES

Salvage pool sales are restricted to only individuals engaged in
the salvage business and holding salvage dealer licenses,
licensed motor vehicle dealers, and individuals from foreign
countries who are purchasing vehicles for export.  Any vehicle
sold to a non-United States resident for export must have the
title marked with the words "FOR EXPORT ONLY."

TRUCK WIDTHS

The maximum width limit for vehicles on all highways of the state
is increased from 96 inches to 102 inches.

LOCAL LOG TRUCKS

The area in which local log trucks and tractors can operate is
expanded from 50 to 100 miles from a forested site.

DISABLED LICENSE PLATES AND PLACARDS

Any person 75 years of age or older is exempt from providing a
physician's statement when renewing a disabled license plate or
placard.  The renewal period for disabled windshield placards is
extended from two to four years.

TOW TRUCK ORDINANCE VIOLATIONS

A tow truck operator is prohibited from proceeding to the scene
of an accident without permission or request by a party involved
in the accident or a public safety officer.  Any violation of
this provision will be a 4-point assessment on the operator's
driver's license.

The provisions regarding the bona fide place of business, proof
of insurance of a current dealer garage policy, the number of
additional plates a new motor vehicle dealer and manufacturer may
hold, educational seminar requirements, the renewal period for
disabled plates and placards, and the exemption for persons older
than 75 years of age become effective January 1, 2008.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am