- Introduced -

SB 1383 - Under this act, motor carriers may voluntarily request a compliance audit 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 a compliance audit. However, if a serious safety violation is discovered, the commission may shut down the operation of the motor carrier. A motor carrier may only request one compliance audit every five years. One third of the audits conducted by the Commission shall be voluntary compliance audits. The act provides that motor carriers shall have 60 days from the release of an audit (enforcement audits and voluntary compliance audits) to appeal the decision to the Administrative Hearing Commission. Except for issues discovered in the process of a mechanical inspection regarding safety of actual operating equipment, the burden of proof shall be on the Commission.

Under this act, no local law enforcement officer or local agency shall perform commercial motor vehicle enforcement and his restricted from enforcing commercial motor vehicle equipment, size, height and weight violations described in Sections 304.170 to 304.230.

STEPHEN WITTE