SB 327 Makes various changes with respect to the enforcement of commercial motor vehicle laws
Sponsor: Scott
LR Number: 1400S.01I Fiscal Note: 1400-01
Committee: Transportation
Last Action: 3/8/2005 - Hearing Conducted S Transportation Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2005

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Current Bill Summary


SB 327 - This act makes various changes relating to the operation of commercial motor vehicles.

PREEMPTION OF COMMERCIAL MOTOR VEHICLE LAWS - Under this act, no local law enforcement officer or local agency shall perform commercial motor vehicle enforcement and is restricted from enforcing commercial motor vehicle equipment, size, height and weight violations described in Sections 304.170 to 304.230. Local governments are prohibited from adopting ordinances or regulations regarding the enforcement of commercial motor vehicle law. This act, however, does not prevent political subdivisions from adopting ordinances or regulations restricting commercial motor vehicle equipment, size, travel, weight or height on roads which are not state and federal designated roads or roads which are not maintained with state and federal monies (Section 304.233).

FEDERAL MONIES FOR COMMERCIAL MOTOR VEHICLE ENFORCEMENT - Under this act, the superintendent of the highway patrol shall apply for all federal funding which is currently available or may become available which has been formerly allocated to local political subdivisions (Section 304.234).

EXPANSION OF COMMERCIAL ZONE JURISDICTION - Under this act, Department of Transportation's jurisdiction is expanded by allowing it to enforce motor carrier regulations in commercial zones (Section 390.030).

EDUCATIONAL COMPLIANCE AUDITS - Under this act, motor carriers may voluntarily request a educational compliance contact to be conducted by the Highways and Transportation Commission to determine whether the motor carrier is in compliance with motor carrier statutes and regulations. No fines or penalties shall be levied against a motor carrier for violations discovered during an educational compliance contact. The commission, however, may take any legal actions necessary to shut down the operation of a motor carrier that has committed a violation that presents a safety issue. A motor carrier may only request one compliance contact every five years. A request for an educational compliance contact shall not be a reason for the commission to perform a compliance review. Motor carriers which are subject to a current complaint investigation shall not be eligible for an educational compliance contact (Section 622.552).

Under this act, motor carriers shall have 60 days from the written release of compliance review findings or educational compliance contacts to appeal the commission's decision to the Administrative Hearing Commission (Section 622.554).

The act also makes a couple of technical references by replacing the term "division of motor carrier and railroad safety" with "state highways and transportation commission" (Section 390.201 and 622.550).

STEPHEN WITTE