SB 342 Modifies numerous penalties for violations of motor vehicle licensing, registration, and equipment statutes
Sponsor: Stouffer
LR Number: 1685S.01I Fiscal Note: 1685-01
Committee: Transportation
Last Action: 3/11/2009 - Voted Do Pass S Transportation Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2009

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Current Bill Summary


SB 342 - This act modifies numerous penalties for violations of motor vehicle licensing, registration, and equipment statutes. The act makes certain motor vehicle registration violations punishable as infractions rather than various classes of misdemeanors. These provisions can be found in SB 101 (2007), HCS/SS/SCS/SBs 239, 24 & 445 ( 2007), and SB 1143 (2006).

This act changes the penalty for violating Missouri's historic motor vehicle 1,000 mile personal use limitation from a Class C misdemeanor to a violation punishable by a fine of not less than five dollars or more than five hundred dollars (Section 301.131).

The act changes the penalty for fastening voided plates to a motor vehicle from a Class C misdemeanor to a violation punishable by a fine of not less than five dollars or more than five hundred dollars (Section 301.150).

The penalty for failing to surrender a mutilated or worn plate for which a duplicate has been issued is changed from a misdemeanor to a violation punishable by a fine of not less than five dollars or more than five hundred dollars (Section 301.310).

The act provides that the penalty for knowingly making a false statement in the application for the registration of a motor vehicle is a Class C misdemeanor (Section 301.420).

The act removes the imposition of a jail sentence for various motor vehicle registration violations in which no specific statutory penalty is provided and provides that such violations shall be punishable by a fine of not be less than $5 nor more than $500. The current law provides that certain motor vehicle registration violations are punishable by imprisonment in the county jail for a term not exceeding one year or by a fine of not less than $5 or more than $500, or by both (Section 301.440).

Under the act, violations of Missouri's ATV titling and registration laws are punishable as infractions (Section 301.716).

Under the act, failure to secure truck load violations are punished as infractions rather than Class C misdemeanors (Section 307.010).

Under the act, the punishment for a mud flap violation is changed from a Class B misdemeanor to an infraction (Section 307.015).

Under the act, the punishment for a spotlamp violation is changed from a Class C misdemeanor to an infraction (Section 307.090).

The act further provides that violations of certain motor vehicle lighting regulations shall be punishable as infractions rather than misdemeanors (Section 307.120).

Under the act, the punishment for improperly lighting or marking an animal-driven vehicle is changed from a Class C misdemeanor to an infraction (Section 307.125).

Under the act, the punishment for certain motor vehicle safety glass violations is changed from a Class C misdemeanor to an infraction (Section 307.155).

Under the act, the punishment for altering the front or rear of a motor vehicle or operating a motor vehicle without proper bumpers is changed from a Class C misdemeanor to an infraction (Section 307.172).

Under the act, the punishment for a window tinting violation is changed from a Class C misdemeanor to an infraction (Section 307.173).

Under the act, the punishment for operating a motorized bicycle without a license or operating a motorized bicycle upon an interstate highway is changed from a Class C misdemeanor to an infraction (Section 307.195).

Under the act, the punishment for an ATV equipment violation is changed from a Class C misdemeanor to an infraction (Section 307.198).

Under the act, the punishment for violating certain motor vehicle inspection station regulations is changed from a misdemeanor to a Class C misdemeanor (Section 307.365).

Under the act, the punishment for school bus inspection violations is changed from a misdemeanor to a Class C misdemeanor (Section 307.375).

Under the act, the punishment for violating Missouri's motor vehicle safety inspection regulations is changed from a misdemeanor to an infraction (Section 307.390).

Under the act, the punishment for violating certain commercial motor vehicle regulations is changed from a Class B misdemeanor to an infraction (Section 307.400).

This act provides that for an infraction, all court costs, fees, surcharges, and other charges shall be assessed in the same manner and amount as for a misdemeanor (Section 488.006).

Under this act, an offense is an infraction if it is designated as one, or if a violation can result only in a fine, forfeiture, or other civil penalty. A determination of whether an infraction has occurred shall be made by the filing of a civil action. The action shall be filed by a person who is authorized to bring a criminal action or an action to enforce an ordinance. The action will be brought in the name of the state or the appropriate political subdivision. An infraction violation shall be proved by a preponderance of the evidence but shall not be tried by a jury. If an infraction violation is proven, judgment shall be entered for the plaintiff.

This act requires any driver to stop on signal of any law enforcement officer and to obey any reasonable signals of such officer given in the course of enforcing any infraction. Any person who fails or refuses to obey any such signal or who resists an officer while enforcing any infraction, shall be guilty of a Class A misdemeanor (Section 556.021).

STEPHEN WITTE