SB 240 Modifies numerous provisions relating to transportation and motor vehicles
Sponsor: Stouffer
LR Number: 1299L.03C Fiscal Note: 1299-03
Committee: Transportation
Last Action: 5/2/2007 - Referred to Rules Committee pursuant to Rule 25(26)(f) Journal Page: H1494
Title: HCS SB 240 Calendar Position:
Effective Date: Varies
House Handler: St. Onge

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Current Bill Summary

HCS/SB 240 - This act modifies numerous provisions relating to transportation and motor vehicles.

DRIVER'S LICENSE SCHOOL REQUIREMENTS - Under this act, the director shall deny applications to persons 15 to 18 years of age who have failed to maintain certain educational eligibility standards developed by their local school districts (attendance, grades, and assessment scores)(Section 302.063).

SCHOOL BUS DRIVERS - Under this act, the director of revenue shall not issue or renew a school bus endorsement to any applicant whose driving record shows that the applicant 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 (Section 302.272). The act requires school bus drivers to notify the school district or the driver's employing contractor whenever the driver receives a citation for an intoxicated-related traffic offense. The notice of such citation shall be given prior to the driver resuming operation of a school bus. Failure to notify the school district or the employing contractor of the citation shall constitute a valid reason to discharge such person from the school district's or employing contractor's employ (Section 302.275). The act sets the fine for driving with a revoked license while operating a school bus at $1,000. The current law does not distinguish the offense by type of vehicle driven and the fine is up to $1,000 (Section 302.321). These provisions have an effective date of January 1, 2008. This portion of the act is similar to SB 24 (2007) and SB 584 (2006). This provision is also contained in SS/SCS/SB 239 et al (2007).

RESTRICTED LICENSE PLATES - Under this act, any person whose driver's license has been suspended, revoked, or disqualified for a period of not less than 60 days shall immediately surrender his or her current license plates to the director of the Department of Revenue for destruction. The person shall be issued a set of restricted license plates that are different in color from regular plates which shall be displayed on the motor vehicle or motor vehicles registered solely or jointly in the person's name for the period of the suspension, revocation, denial, or disqualification. Under the act, law enforcement officers shall have probable cause to stop any vehicle displaying restricted license plates to determine whether the driver of such vehicle has a valid driver's license or a limited driving privilege. Under the act, a registered owner of a motor vehicle who has been issued restricted license 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 of revenue for permission to transfer title to the motor vehicle. If the director is satisfied that the proposed sale is in good faith and for a valid consideration, and that the sale or transfer is not for the purpose of circumventing the provisions of the act, the director may certify its consent to the owner of motor vehicle. Any vehicle acquired by the applicant during the period of restriction shall display the restricted license plates (Section 302.305). This portion of the act is similar to SB 580 (2007). This provision is also contained in SS/SCS/SB 239 et al (2007).

FAILURE TO APPEAR - This act includes failure to appear by a commercial license holder or operator of a commercial motor vehicle as an commercial driver offense requiring indefinite suspension until compliance (Section 302.700 and 302.755). This provision is also contained in SS/SCS/SB 239 et al (2007).

CDL EXAMINATIONS - This act requires CDL written examinations to be administered in English. The act further prohibits such applicants from using an interpreter or translator while testing (Section 302.720). The fee for CDL examinations is waived for applicants 70 years of age or older.

UTILITY VEHICLES - This act defines the term "utility vehicle" 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. Under the act, a utility vehicle shall not be operated upon the highways of this state except under certain circumstances delineated in the act. No person shall 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 shall have a valid operator's or chauffeur's license. The vehicle shall not be operated at a speed of more than 30 miles per hour on a highway. No operator of a utility vehicle shall 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. This portion of the act is substantially similar to SS/SCS/SB 239 et al, SB 347 and HB 397 (2007)(Section 304.032).

COMMERCIAL VEHICLE OFFICERS - This act provides that commercial vehicle officers are declared to be peace officers and shall undergo peace officer training and licensure (Section 304.230).

CDL DRIVING SKILLS WAIVER - This act authorizes the Director of Revenue to waive the driving skills test for any qualified military applicant for a commercial driver license who is currently licensed at the time of application for a commercial driver license. Under the act, the director must impose conditions and limitations to restrict the applicants from whom the department may accept alternative requirements for the skills test. The act requires the applicant to certify that, during the two-year period immediately preceding application for a commercial driver license, that certain conditions apply. For example, the applicant must demonstrate that he has not had any license suspended, revoked or canceled. The applicant will still have to complete all applicable written tests.