SS SCS SB 761 & 774 -- Transportation and Motor Vehicle
Regulations

Sponsor:  Stouffer

This substitute changes the laws regarding transportation and the
regulation of motor vehicles.

ANNUAL BID BOND (Section 227.103, RSMo)

The Highways and Transportation Commission is authorized to
accept an annual bid bond for its construction and maintenance
projects.  The commission will prescribe the form and content of
an annual bid bond.

SCHOOL BUS DRIVERS (Sections 302.272, 302.275, and 302.321)

The Director of the Department of Revenue cannot issue or renew a
school bus endorsement to any applicant who has been convicted of
an intoxication-related traffic offense while operating a school
bus.  A person convicted of an intoxication-related offense while
operating a school bus will have his or her school bus
endorsement permanently denied by the court, beginning on the
date of the court's order.  School bus drivers must notify the
school district or the driver's employing contractor whenever he
or she receives a citation for an intoxicated-related traffic
offense.  The notice of this citation shall be given prior to the
driver resuming operation of a school bus.  Failure to notify the
school district or the employing contractor will be a valid
reason to discharge the person.  The fine for driving with a
revoked license while operating a school bus will be $1,000.  The
current law does not distinguish the offense by type of vehicle
driven and the fine is up to $1,000.

RESTRICTED LICENSE PLATES (Section 302.305)

Any person whose driver's license has been suspended, revoked, or
disqualified for a period greater than 60 days must immediately
surrender his or her current license plates to the department
director.  The person will be issued a set of restricted license
plates that will bear a special series of numbers or letters to
be readily identified by the State Highway Patrol and other law
enforcement.  The restricted plates must be displayed on all
motor vehicles registered solely or jointly in the person's name
for the period of the suspension, revocation, denial, or
disqualification.  Law enforcement may stop vehicles bearing the
restricted license plates to determine whether the driver has a
valid driver's license.  A registered owner of a motor vehicle
who has been issued restricted plates may not sell the motor
vehicle during the period the vehicle is required to display the
plates unless the registered owner applies to the department for
permission to transfer the title.  If the department director is
satisfied that the proposed sale is in good faith, for a valid
consideration, and not to circumvent the provisions of the
substitute, he or she may certify consent to the owner.  Any
vehicle acquired by the applicant during the period of
restriction must display the restricted plates.

EXPUNGEMENT OF RECORDS OF COMMERCIAL DRIVER'S LICENSE HOLDERS
(Sections 311.326 and 302.545)

The expungement of a minor in possession charge for the holders
of a commercial driver's license or a person operating a
commercial motor vehicle at the time of the violation is
prohibited.  The substitute specifies that no records can be
expunged if a person with a commercial driver's license is found
guilty with a blood-alcohol content of .04 at the time of the
offense.

FAILURE TO APPEAR (Sections 302.700 and 302.755)

The substitute includes failure to appear by a commercial license
holder or operator of a commercial motor vehicle as a commercial
driver offense requiring indefinite suspension until fulfilling
compliance.

COMMERCIAL DRIVER'S LICENSE MILITARY EXEMPTION (Section 302.775)

A military member while driving a vehicle for military purposes
will be exempt from possessing a commercial driver's license.
Currently, the military member must be driving a military vehicle
to be exempt.

FAILURE TO STOP FOR SCHOOL BUSES (Section 304.070)

Driver's license suspension periods are increased for motorists
who fail to stop for school buses that are loading or unloading
children.  The suspension period for a first violation is
increased from 90 days to 120 days.  The period for a second or
subsequent violation is increased from 120 to 180 days.

COMMERCIAL MOTOR VEHICLE INSPECTIONS (Sections 304.232, 304.170,
304.230, and 304.232)

The State Highway Patrol is required to establish an approved
program for local law enforcement officers regarding the
enforcement of the commercial motor vehicle laws.  The
certification procedures approved by the patrol must include
training, testing, on-the-job experience, data collection, and
other specified criteria.  The certification procedures must meet
the requirements established by the Commercial Vehicle Safety
Alliance (CVSA).  The patrol is authorized to establish
reasonable fees to recover the costs of training and
certification.  Law enforcement officers who have received CVSA
certification prior to January 1, 2009, will be exempt from these
requirements.

Beginning January 1, 2009, only law enforcement officers that
have been approved by the patrol under the substitute, members of
the patrol, or commercial vehicle enforcement officers will have
the authority to conduct random roadside examinations or
inspections to determine compliance with the commercial motor
vehicle weight and size limit laws, and with or without probable
cause to believe that the size or weight is in excess of that
permitted by the law, to require the driver, operator, owner,
lessee, or bailee to stop, drive, or otherwise move to a location
to determine compliance.  A law enforcement officer not certified
may stop a vehicle that has a visible external safety defect that
could cause immediate harm to the traveling public.  The law
enforcement officer must identify to the driver the defect that
caused the stop.  If the vehicle passes the roadside inspection,
the law enforcement officer, highway patrolman, or other
authorized person will issue such vehicle a Commercial Vehicle
Safety Alliance inspection decal to be affixed to the vehicle.

AFFIRMATIVE DEFENSE FOR PROCEEDING THROUGH RED LIGHT (Section
304.281)

The substitute specifies that a person operating a motorcycle or
bicycle 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 all of the
following conditions:

(1)  The motorcycle or bicycle has been brought to a complete
stop;

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

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

(4)  No motor vehicle or person is approaching on the street or
highway to be crossed or entered or is so far away from the
intersection that it does 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.

MOTORCYCLE HEADLAMP MODULATORS (Section 307.100)

The substitute allows a motorcycle headlamp to be wired or
equipped to allow either its upper beam or its lower beam, but
not both, to modulate from a higher intensity to a lower
intensity at a rate of modulation of 200 to 280 cycles per
minute.  A headlamp modulator installed on a motorcycle with two
headlamps must be wired in a manner to prevent the headlamps from
modulating at different rates or not in synchronization with each
other.  A headlamp modulator installed on a motorcycle must meet
federal standards.

SCHOOL BUS EXEMPTION FROM CHILD PASSENGER RESTRAINT LAW (Section
307.179)

The child passenger restraint law will not apply to school buses
transporting children four years of age or older regardless of
whether they are being used for educational, religious, or other
purposes.  Currently, it only applies to school buses used for
educational purposes.

UNIFIED CARRIER REGISTRATION ACT (Sections 390.021, 390.071,
390.136, and 622.095 )

The Highways and Transportation Commission is authorized to take
the necessary steps to implement and administer a state plan to
conform with the Unified Carrier Registration Act of 2005.  The
federal Unified Carrier Registration Act includes provisions to
eliminate the Single State Registration System by January 2007
and replace it with the Unified Carrier Registration Agreement
and provisions regarding the issuance of interstate motor carrier
permits.

CROSSING SOLID YELLOW CENTER STRIPE (Section 304.016)

A vehicle must not be driven to the left of a solid yellow center
stripe except when executing a lawful turn, overtaking a vehicle
that is traveling at a speed less than 25 miles per hour,
avoiding debris in the roadway, or passing a bicycle.

FALSE STATEMENTS (Section 302.230)

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

HAZARDOUS MATERIAL ENDORSEMENT REVOCATION (Section 302.735)

The substitute requires immediate revocation of a hazardous
material indorsement upon receipt of an Initial Determination of
Threat Assessment and Immediate Revocation from the federal
Transportation Security Administration.  The state must revoke or
deny a hazardous material indorsement within 15 days of the
receipt of a final determination.

FARM VEHICLE COMMERCIAL DRIVER'S LICENSE EXEMPTION (Section
302.775)

The substitute clarifies the in order to qualify for a commercial
driver's license exemption, a farm vehicle must be controlled by
a farmer or his or her family member; be used to transport
agricultural products, machinery, or supplies to or from a farm;
not be used in the operations of a common or contract carrier;
and be used within 150 miles of the person's farm.

DELINQUENCY FEES (Section 306.535)

The penalty for a delinquent outboard motor certificate of title
application is increased from $10 to $25 for each 30 days of
delinquency up to $200.

LIENS ON MOTOR VEHICLES FOR STORAGE OR SERVICES (Section 430.082)

The substitute changes the laws regarding liens on motor vehicles
for storage and repair costs.  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 lienholders of interest before issuing a lien title and
allows the motor vehicle owner, trailer owner, or vessel owner to
file a petition to challenge whether the lien was in error.

SALVAGE VEHICLES (Section 301.010)

The definition of "salvage vehicle" is revised by clarifying that
the damaged vehicle was purchased during a year that is no more
than six years after the manufacturer's model year designation
for the vehicle.

TEMPORARY VESSEL CERTIFICATES ISSUANCE (Section 306.016)

The Department of Revenue designees are allowed to issue
temporary vessel certificates of registration.

MISSOURI VEHICLE PROTECTION PRODUCT ACT

The substitute establishes the Missouri Vehicle Protection
Product Act.  A person will be prohibited from selling or
offering for sale a vehicle protection product in Missouri unless
the seller, warrantor, or any administrator complies with the
provisions of the substitute.  A vehicle protection product
warrantor, a seller of a vehicle protection product, or a
warranty administrator that complies with the provisions of the
substitute will not be subject to any other state insurance code.
The substitute will apply to all warranted products sold or
offered for sale on or after January 1, 2009.  The failure of any
person to comply with the provisions of the substitute before its
effective date will not be admissible in any court proceeding,
administrative proceeding, arbitration, or alternative dispute
resolution proceeding and may not be used to prove that the
action of any person or the vehicle protection product was
unlawful or otherwise improper.

UTILITY VEHICLES (Section 304.032)

The term "utility vehicle" is defined as any motorized vehicle
manufactured and used exclusively for off-highway purposes which
is 63 inches or less in width, has an unladen dry weight of 1,900
pounds or less, travels on four or six wheels, and is used
primarily for agricultural, landscaping, lawn care, or
maintenance purposes.  Utility vehicles must not be operated upon
the highways of this state except under certain circumstances
specified in the substitute.  No person will operate a utility
vehicle within any stream or river except by an operator who owns
the property or has permission to be on the property on which the
waterway flows through or when fording a low-water crossing.  A
person operating a utility vehicle on a highway must have a valid
operator's or chauffeur's license.  The vehicle must not be
operated at a speed of more than 30 miles per hour on a highway.
No operator of a utility vehicle can carry a passenger, except
for agricultural purposes, unless the seat of the utility vehicle
is designed to carry more than one person.  Utility vehicles are
exempt from titling and registration.

CONTINUING EDUCATION FOR PEACE OFFICERS (Section 590.050)

Peace officers who make traffic stops must receive three hours of
training within the continuing education three-year reporting
period.  The Director of the Department of Public Safety may
waive continuing education requirements for licensees who have
been activated for military duty.

MOTOR CARRIER TRANSPORTATION INDEMNITY PROVISIONS (Section
390.372)

The substitute makes an indemnity agreement in motor carrier
transportation contracts which exempts a party for any losses
from negligence or intentional acts void and unenforceable.
Motor carrier transportation contracts must not include Uniform
Intermodal Interchange and Facilities Access Agreements.

SALVAGE POOL (Section 301.218)

The substitute specifies that it is the operator of a salvage
pool or salvage disposal sale or the subsequent purchaser who
must stamp the words "FOR EXPORT ONLY" on the face of the title
and each unused reassignment space on the back of the title and
forward the title to the Department of Revenue.

INCREASED COMMERCIAL MOTOR VEHICLE WEIGHTS (Sections 301.057,
301.058, and 304.180).

The weight limits on certain commercial motor vehicles with
specific axle configurations are increased to 85,500 pounds.  The
85,500 total gross weight limitation will only apply to vehicles
being operated on U. S. Highway 65 or U. S. Highway 36.  The
substitute also creates corresponding registration fees for the
new weight limits.

EXEMPTION FROM REISSUANCE REQUIREMENT (Section 301.130)

The substitute exempts permanent nonexpiring license plates that
are issued to certain commercial motor vehicles and trailers from
the new plate design and reissuance requirements that take effect
on January 1, 2009.

LICENSE PLATE REFUND (Section 301.140)

A motor vehicle owner will be allowed to receive a refund for the
unused portion of a registration fee, provided the unused portion
is in an amount of $5 or greater, when the owner sells the motor
vehicle and does not replace it with another.  Currently, persons
can receive credit for unused portion of a registration fee if
they cannot transfer their license plates to a newly acquired
vehicle due to a change of vehicle category.

TRANSPORTING RADIOACTIVE WASTE (Sections 260.392, 260.398,
260.399, and 260.750)

Shippers shipping radioactive waste in Missouri will be subject
to statutory fees established by the substitute.  State-funded
institutions of higher education who ship nuclear waste will be
exempt from the statutory fees but the institutions must
reimburse the State Highway Patrol for costs associated with
shipment escorts.  The fee structure is described in the
substitute, and the Department of Natural Resources in
coordination with the Departments of Health and Senior Services,
and Public Safety may establish rules necessary to carry out the
provisions of the substitute.  Any shipper who fails to pay a fee
or to provide notice of a shipment to the Department of Natural
Resources will be liable for a civil penalty of an amount not to
exceed 10 times the amount of the original fee assessed and not
paid.

The fees assessed and collected will be deposited into the
Environmental Radiation Monitoring Fund.  The Department of
Natural Resources may use moneys in the fund for the purposes
specified in the substitute.  The Department of Natural Resources
must prepare a report for the General Assembly beginning
December 31, 2008, and every two years thereafter on all
activities relating to the fund.

The provisions of the substitute do not apply to radioactive
waste being shipped by or for the federal government for military
or national defense purposes.  The substitute requires shipments
by rail of high level radioactive waste to move across that state
as quickly as possible and avoid stopping in populated areas.

DRUNK DRIVING VICTIM MEMORIAL SIGN PROGRAM  (Section 227.295)

The substitute established David's Law which requires the
Department of Transportation to establish and administer a drunk
driving victim memorial sign program.  The signs will be placed
at or near the scene of the accident.  Signs will be attached to
an existing highway sign, street light, or guard rail and will be
placed upon the state highways in accordance with placement
guidelines adopted by the department, and any applicable federal
limitations or conditions on highway signage, including location
and spacing.  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.  Upon
the request of an immediate family member of the deceased victim
involved in a drunk driving accident, the department will place a
sign in accordance with the provisions of the substitute.  A
person who is not a member of the victim's immediate family may
also submit a request to have a sign placed if that person also
submits the written consent of a victim's immediate family
member.  The department will charge the sponsoring party a fee to
cover the department's cost in designing, constructing, placing,
and maintaining the sign.  Signs erected under the provisions of
the substitute will remain in place for a period of 10 years.
After such date, the signs may be renewed for another 10 years
after payment of appropriate maintenance fees.  The signs
developed by the department must resemble a Missouri license
plate and must feature the words "Drunk Driving Victim!", the
initials of the deceased victim, the month and year in which the
victim of the drunk driving accident was killed, and the phrase
"Who's Next?".  All private roadside memorials or markers
commemorating the death of a drunk driving victim are prohibited.
No person, other than a Department of Transportation employee or
the department's designee, may erect a drunk driving victim
memorial sign.

COMMERCIAL INSERTS PROHIBITION (Section 301.040)

The substitute prohibits commercial inserts or other forms of
advertising from accompanying motor vehicle registration notices.

EMISSIONS INSPECTION EXEMPTION (Section 643.340)

The state emissions law is modified to allow motorists to operate
their vehicle for 30 days beyond the vehicle's registration
expiration without a current state registration license for the
purposes of resetting their vehicle's readiness monitors and
passing the on-board diagnostic retest.  Motorists must keep a
copy of the most recent failing diagnostic test results in their
vehicle to present to law enforcement.  Motorists would still be
liable for late registration penalties.

WATER PATROL CAP (Section 306.228)

The substitute removes the 99-member cap on the State Water
Patrol membership.

SCHOOL BUS MOTOR FUEL TAX EXEMPTION (Section 142.815)

The substitute exempts motor fuel used for school buses, by
school districts or persons contracted with school districts to
provide school bus services.  The exemption will be granted to
the school district for which the fuel is consumed in the form of
a refund, regardless of whether the school district paid the tax
or the tax was paid by persons contracted with the district to
provide school bus services.

PRIOR DWI AND INTOXICATION-RELATED OFFENSES (Section 577.023)

The substitute attempts to rectify a recent Missouri Supreme
Court ruling which held that a defendant's prior guilty plea and
suspended imposition of sentence in municipal court could not be
used to enhance the punishment for the defendant's new
intoxication-related traffic offense.  The substitute specifies
that a plea of guilty or a finding of guilty followed by
incarceration, a suspended imposition of sentence, suspended
execution of sentence, probation or parole, or any combination
thereof in any intoxication-related traffic offense in a state,
county, or municipal court will be treated as a prior conviction
for purposes of enhanced punishment under Section 577.023.

MONTHLY REPORT FOR KEY SHIPMENTS OF HAZARDOUS MATERIALS

Railroad companies will be required to provide the Missouri
Emergency Response Commission with a monthly report of all key
shipments of hazardous materials which were transported by the
company through the state.  The substitute specifies what must be
contained in the report.

DWI COURTS (Section 478.001)

Judicial circuits may establish a DWI court for the purpose of
providing an alternative for the disposition of cases involving
any criminal charge for an intoxicated-related traffic offense
involving the use or abuse of alcohol, or any case in which it is
alleged that a person was operating a motor vehicle with a blood
alcohol level of .20 or higher.  These cases may be referred to
an existing drug court in the circuit, or the circuit may
establish a separate DWI court.  If a separate court is
established, the majority of the judges in the circuit may
designate a judge to hear the cases, or, subject to
appropriations and funding, may appoint a person or person to act
as DWI court commissioner.  Participants who successfully
complete the treatment program may be granted a suspended
execution of sentence or may have the sentence or penalty reduced
or modified, but will not be granted a suspended imposition of
sentence.

The provisions of the substitute regarding school bus drivers,
restricted license plates, and the Missouri Vehicle Protection
Product Act become effective January 1, 2009.

The provisions of the substitute regarding transporting
radioactive waste will expire six years from the effective date.

The provisions regarding the school bus exemption from child
passenger restraint laws contains an emergency clause.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm