Senate Committee Substitute

UNIFORM REGISTRATION FEES - This act changes the registration fee for all passenger motor vehicles and eliminates the reference to horsepower when determining registration fees (Section 301.070). A uniform charge of $26.25 shall be charged for all passenger motor vehicles and commercial motor vehicles with a gross weight rating of twelve thousand pounds or less (Section 301.055 and sections 301.057 and 301.058). These provisions have an effective date of July 1, 2007.

DEALER LICENSE PLATE LETTERS AND NUMBERS - This act makes several technical changes to provisions pertaining to manufacturer and dealer license plate letter and numbers. The current law contains erroneous references (Sections 301.130, 301.144, and 301.560).

SPECIALTY LICENSE PLATES ISSUANCE - The act allows the Department of Revenue to deny accepting applications and deny issuance of special license plates if no applications are received within five years from the effective date of the law authorizing the plate (Section 301.2998).

DRIVEAWAY SADDLEMOUNT COMBINATIONS - This act increases the maximum length for driveaway saddlemount combinations from 75 feet to 97 feet. Combinations having a length greater than 97 feet may not be operated on the interstate system (Section 304.170).

IDLE REDUCTION TECHNOLOGY WEIGHT INCREASE - This act provides that the maximum gross vehicle weight limit and axle weight limit for heavy-duty vehicles equipped with idle reduction technology may be increased (up to an additional 400 pounds) to account for the technology (Section 304.180).

EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession charge for holders of commercial driver's licenses or persons operating commercial motor vehicles at the time of the violation (Section 311.326). The act also provides that no records shall be expunged for CDL holders who have been convicted of or pled guilty to an offense where the person's BAC is .04 or above (Section 302.545).

LIENS ON MOTOR VEHICLES FOR STORAGE OR SERVICES - This act modifies the law governing liens on motor vehicles for storage and repair fees. Under the act, 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 act removes the requirement that the Department of Revenue must notify the motor vehicle owner or other lienholder of interest before issuing a lien title. The act adds a provision which allows the motor vehicle owner, trailer owner, vessel owner, etc. to file a petition to challenge whether such chattel was wrongfully taken (Section 430.082).

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).

CDL MILITARY EXEMPTION - This act provides that a military member while driving a vehicle for military purposes is exempt from possessing a CDL. Current law provides that the military member must be driving a military vehicle to qualify for the exemption (Section 302.775).

ABANDONED MOTOR VEHICLES - Abandoned property sold under this act shall not be subject to the transfer notification provisions of Sections 301.196 to 301.198 which require private sellers to notify department of revenue of sale. The act requires registered owners to present a copy of their most recent registration receipt or title for the abandoned property to law enforcement or towing company in order to have property released. Under the act, an insurer or a holder or a valid security interest shall not be required to present such documents (Section 304.155).

AFFIRMATIVE DEFENSE FOR PROCEEDING THROUGH REDLIGHT WITH A MOTORCYCLE ("DEAD RED")- This act provides that a person operating a motorcycle who enters or crosses an intersection controlled by a traffic-control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:

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

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

(3) The traffic-control 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-control signal against a red light and does not provide a defense to any other civil or criminal action (Section 304.281).

STEPHEN WITTE