Perfected

SCS/SB 82 - This act makes several changes to the law regarding the regulation of motor vehicles.

SALVAGE VEHICLES - This act modifies the definition of "salvage vehicle." Under the act, the definition is modified to include later model year vehicles (damaged during a year that is no more than three years after the manufacturer's model year designation) that are damaged to the extent the total cost of repairs to rebuild it exceeds 80% (up from 75%) of the fair market value of the vehicle prior to the time the vehicle was damaged. The definition is further modified by including vehicles that have been declared salvaged by an insurance company as a result of settlement of a claim. Current law requires the settlement be for a claim for loss due to damage or theft. In addition, when determining whether a vehicle is salvage or not, the total cost of repairs shall not include the cost of repairing hail damage (Section 301.010). The act exempts persons transferring ownership of a motor vehicle or trailer to an insurance company due to theft or casualty loss from providing the transfer notice required by Section 301.196. The act repeals a provision of law that requires purchasers apply for a salvage title on vehicles seven years old or less and optional for vehicles older than seven years of age. The act also provides that an insurer may obtain an original title without a prior salvage designation on a stolen vehicle that has not been declared a salvage vehicle. The current law only allows the issuance of an original title without a salvage designation (Section 301.227). These provisions are contained in SB 82 (2007).

MOTOR VEHICLE FRANCHISE PRACTICES ACT - This act modifies the definition of the term "motor vehicle" contained in the Motor Vehicle Franchise Practices Act to include any engine, transmission, or rear axle, regardless of whether attached to a vehicle chassis, that is manufactured for the installation in any motor-driven vehicle with a gross vehicle weight rating of more than 16,000 pounds (Section 407.185). This provision is contained in SB 350 (2007).

DEPARTMENT OF CONSERVATION EMERGENCY VEHICLES - This act adds vehicles driven by law enforcement agents of the Department of Conservation to the list of vehicles considered "emergency vehicles" (Section 304.022). This provision is contained in SB 352 (2007).

DRIVEAWAY SADDLEMOUNT COMBINATIONS - This act increases the maximum length for driveaway saddlemount combinations from 75 feet to 97 feet when operated on the interstates (Section 304.170.8). This portion of the act is identical to SB 51 (2007) and SB 909 (2006).

LOCAL LOG TRUCKS - This act modifies the definitions of the terms "local log truck" and "local log truck tractor" by expanding the area in which such vehicles can operate. Under current law, such vehicles are to operated at a forested site and in area extending not more than a 50 mile radius from such site. The act increases the radius to 100 miles (section 301.010). This provision is contained in SB 349 (2007).

EMERGENCY VEHICLE DEALERS - The act also exempts dealers who sell only emergency vehicles from maintaining a bona fide place of business (including the related law enforcement certification requirements) and from meeting the minimum yearly sales. This act is similar to SB 91 (2007), SB 697 (2006) and SB 141 (2005)(section 301.560).

DISTINCTIVE DEALER LICENSE NUMBERS - The act modifies the provision which sets forth the dealer license number designations, including the creation of recreational motor vehicle dealer license plate designations (RV-0_through RV -9999) for new and used recreational motor vehicle dealers (section 301.560.4). The dealer designations shall take effect no later than December 1, 2008.

LIMITATION ON ISSUANCE OF DEALER PLATES - Under the act, the department shall issue to new motor vehicle manufacturers and other dealers 1 distinctive dealer plate and 2 additional number plates. The fee for the 2 additional number plates is $21 (Section 301.560.6). Under the act, new motor vehicle manufacturers shall not be issued or possess more than 347 additional number plates or certificates of number annually. New and used motor vehicle dealers, powersport dealers, wholesale motor vehicle dealers, boat dealers, and trailer dealers are limited to 1 additional plate or certificate of number per ten-unit qualified transactions annually. New and used recreational motor vehicle dealers are limited to two additional plates or certificate of number per ten-unit qualified transactions annually for their first fifty transactions and one additional plate or certificate of number per ten-unit qualified transactions thereafter. An applicant seeking the issuance of an initial license shall indicate on his or her initial application the applicant's proposed annual number of sales in order for the director to issue the appropriate number of additional plates or certificates of number. Wholesale and public auctions shall be issued a certificate of dealer registration in lieu of a dealer number plate (Section 301.560.6).

USED MOTOR VEHICLE DEALER EDUCATIONAL SEMINAR - The act exempts public auto auctions and applicants currently holding a new or used dealer's license for a separate dealership from showing proof of completing an educational seminar when applying for a used motor vehicle dealer's license. The act also specifically provides that current new motor vehicle franchise dealers and motor vehicle leasing agencies are not subject to the educational seminar requirements (Section 301.560.9).

RELEASE OF MOTOR VEHICLE LIENS - This act requires a lienholder to release a motor vehicle lien within 5 business days after the lien has been satisfied. The current law gives the lienholder 10 business days to release the lien. The act also requires the lienholder to notify the Department of Revenue within 5 business days if the certificate of ownership is in the department's possession. The act also increases the fines for noncompliance with the time deadlines. The act imposes a graduated liquidated damages scale with a maximum amount of $2,500 in damages that can be imposed for each lien not timely released. The current law provides for a maximum fine or penalty of $500 for each lien not timely released (section 301.640). This provision is similar to one contained in SB 358 and SB 335 (2007)(SA 5). The provision may also be found in the perfected version of SB 239 et al (2007).

RECYCLING OF PLATES - This act allows every motor vehicle owner who replaces the license plates on his or her motor vehicle to deposit the old, outdated, or expired license plates with the Department of Revenue or its agents. The act allows the Department of Revenue to create a program that promotes recycling used or outdated license plates for the metal content. The director may enter into contractual agreements with nonprofit organizations for the collection, disposal, and recycling of used, expired, or outdated license plates. Such nonprofit organizations shall be those whose primary mission is to prevent head injuries by promoting bicycle safety. The act allows the director to promulgate rules to carry out the purposes of the act. This provision is similar to SB 544 (2007) and SB 1054 (2006)(section 301.125).

STEPHEN WITTE


Return to Main Bill Page