HCS/SB 84 - This act modifies several provisions of law relating to transportation.
WINDOW STICKERS - This act requires a window sticker instead of a license plate tab to be placed on the inside front windshield of a motor vehicle to show the current registration. A window sticker will not be issued for a motorcycle or trailer registration. This portion of the act becomes effective January 1, 2011 (Sections 136.055, 301.032, 301.130, 301.140, 301.160, 301.290, 301.300. 301.301, 301.302, Section C).
POSSESSION OF EXPIRED LICENSE PLATES - The act also allows persons to possess used or expired license plates provided the possession of such license plates is for charitable purposes (section 301.140). This provision is contained in SCS/HB 683 (2009).
PROOF OF FINANCIAL RESPONSIBILITY This act requires anyone purchasing a motor vehicle from a motor vehicle dealer to provide proof of financial responsibility to the dealer before the issuance of a temporary license plate. This portion of the act is similar to SCS/HB 683 (2009) and SB 759 (2009) (Section 301.140).
HANDICAP PARKING - Under this act, all new signs erected to denote designated handicapped parking shall not contain the words "Handicap Parking" (Section 301.143).
SALVAGE VEHICLES - Under current law, when a person who is not a resident of the United States buys a nonrepairable motor vehicle or a salvage motor vehicle, the seller must stamp the words "FOR EXPORT ONLY" on the face of the title and in each unused reassignment space on the back of the title and forward it to the Department of Revenue. This act specifies that it is the operator of the salvage pool or salvage disposal sale or the subsequent purchaser who is required to fulfill these duties (Section 301.218). This provision is contained in HB 644 (2009).
TRANSPORTATION COMMISSION LEADERSHIP - Under this act, the chair and vice chair of the commission are given the option to rotate positions. The current law requires the vice chair to assume the position of chair when the one year term of the chair expires (Section 226.030). This provision is also contained in SB 343 (2009).
DAVID'S LAW - Under this act, the Department of Transportation shall establish and administer a drunk driving risk reduction awareness program. This act shall be known as "David's Law." The signs shall be placed at or near the scene of the accident. Under the act, signs shall be attached to an existing highway sign, street light, or guard rail. The signs shall be placed upon the state highways in accordance with placement guidelines adopted by the department, and any applicable federal limitations or conditions on highway signage, including location and spacing. The department shall adopt, by rules and regulations, program guidelines for the application for and placement of signs authorized by this section, including, but not limited to, the sign application and qualification process, the procedure for the dedication of signs, and procedures for the replacement or restoration of any signs that are damaged or stolen. Any person may apply to the Department of Transportation to sponsor a drunk driving victim memorial sign in memory of an immediate family member who died as a result of a motor vehicle accident caused by a person who was shown to have been operating a motor vehicle in violation of an alcohol-related traffic law at the time of the accident. Upon the request of an immediate family member of the deceased victim involved in a drunk driving accident, the department shall place a sign in accordance with the provisions of the act. A person who is not a member of the victim's immediate family may also submit a request to have a sign placed under this section if that person also submits the written consent of a victim's immediate family member. The department shall charge the sponsoring party a fee to cover the department's cost in designing, constructing, placing, and maintaining the sign. Signs erected under the act shall remain in place for a period of ten years. After such date, the signs may be renewed for another 10 years after payment of appropriate maintenance fees. The signs developed by the department shall resemble a Missouri license plate and shall feature the words "Drunk Driving Victim!", the initials of the deceased victim, and the month and year in which the victim of the drunk driving accident was killed. Under the act, all private roadside memorials or markers commemorating the death of a drunk driving victim are prohibited. No person, other than a Department of Transportation employee or the department's designee, may erect a drunk driving victim memorial sign. These provisions may be found in SB 93 (2009)(Section 227.295).
HEROS WAY INTERSTATE INTERCHANGE DESIGNATION PROGRAM - This act establishes an interstate interchange designation program, to be known as the "Heroes Way Interstate Interchange Designation Program", to honor the fallen Missouri heroes who have been killed in action while performing active military duty with the armed forces in Afghanistan or Iraq on or after September 11, 2001. Under the act, any person who is related by marriage, adoption, or consanguinity within the second degree to a member of the United States armed forces who was killed in action while performing active military duty with the armed forces in Afghanistan or Iraq on or after September 11, 2001, and who was a resident of this state at the time he or she was killed in action, may apply for an interstate interchange designation. The act sets forth the requirements an applicant must submit in order to obtain a designation. Under the act, the Department of Transportation shall submit for approval or disapproval all applications for interstate interchange designations to the Joint Committee on Transportation Oversight. The committee shall notify the Department of Transportation upon the approval or denial of an application for an interstate interchange designation. The act requires two signs to be erected for each interstate interchange designation processed under the act. No interstate interchange may be named or designated after more than one member of the United States armed forces killed in action. Such person shall only be eligible for one interstate interchange designation under the provisions of this section. Any highway signs erected for any interstate interchange designation under the provisions of this section shall be erected and maintained for a twenty-year period. After such period, the signs shall be subject to removal by the Department of Transportation and the interstate interchange may be designated to honor persons other than the current designee. An existing interstate interchange designation processed under the provisions of this act may be retained for additional twenty-year increments if, at least one year before the designation's expiration, an application to the Department of Transportation is made to retain the designation along with the required documents and all applicable fees required under the act. The provision establishing the "Heroes Way Interstate Interchange Designation Program" is contained in SCS/HB 91 and SB 110 (2009)(Section 227.297).
TEMPORARY MOTORCYCLE PERMIT - Under this act, a person who is at least 16 years of age who receives a temporary motorcycle permit shall be entitled to operate a motorcycle for a period of 6 months. Such person shall not operate the motorcycle at any time from a half-hour after sunset to a half-hour before sunrise. The operate shall not carry any passengers on the motorcycle (Section 302.132).
PERMANENT DISABLED NOTATION - Under this act, any person who is permanently disabled may apply to the department of revenue to have such status denoted on his or her driver's license or nondriver's license. The department may establish the cost for placing the notation and require medical proof from the applicant (Section 302.182).
CENTRALIZED VIOLATION BUREAU - Under this act, any court using a centralized violation bureau may elect to have the bureau order and verify completion of driver improvement programs or motorcycle-rider training courses. If a person has been ordered by the court to attend a driver-improvement program or a motorcycle-rider training program, the person also consents to attendance at any such program, and to verification of such attendance as directed by the bureau, when he or she pays the fines and court costs (Sections 302.302 and 476.385). These provisions are contained in HCS/SB 114 (2009).
EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession (MIP) 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 if a person is found guilty with a BAC of .04 or greater and is holding a commercial driver's license at the time of the offense (Section 302.545). This provision is also contained in SS/SCS/SB 761 and 774 (2008) and 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 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).
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). This provision was contained in SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).
FARMER CDL EXEMPTION - This act clarifies the CDL exemption for persons driving farm vehicles. In order to qualify for the exemption, the farm vehicle must be controlled by a farmer or family member, be used to transport agricultural products, machinery, or supplies to or from a farm, not be used in the operations of a common or contract carrier, and be used within 150 miles of the farmer's farm (Section 302.775). This provision was contained in SS/SCS/SB 761.
HAZARDOUS MATERIAL ENDORSEMENT REVOCATION - This act requires the state to immediately revoke a hazardous material endorsement upon receipt of an Initial Determination of Threat Assessment and Immediate Revocation from the Transportation Security Administration. The state must revoke or deny a hazardous material indorsement within 15 days of receipt of a final determination (Section 302.735).
HAZARDOUS MATERIAL DEFINITION - This act modifies the definition of hazardous materials to correspond with federal law and regulations (Section 302.700).
DRIVING WHILE OUT OF SERVICE - This act provides that any person convicted for driving while out of service shall be disqualified from driving a commercial motor vehicle in a manner prescribed by the federal regulations (Section 302.755).
ALCOHOL-RELATED ENFORCEMENT CONTACT - Under this act, a person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted for the 1st violation of an alcohol-related enforcement contact (Section 302.755).
TRANSPORTATION INSPECTOR GENERAL - This act eliminates the position of the Transportation Inspector General contained within the Joint Committee on Transportation Oversight. These provisions are contained in SB 31 (2009)(Sections 226.030 and 21.795).
TOWING BY LAW ENFORCEMENT - Under current law, property is deemed abandoned when it has been on the right-of-way of any highway or freeway in an urbanized area for 10 hours, but property on the right-of-way on any highway or freeway outside of an urbanized area is not abandoned until it has been on the right-of-way for 48 hours. This act amends the current law so that a law enforcement officer may authorize a towing company to remove property left unattended for 12 hours on the right-of-way on any highway or freeway outside of an urbanized area. This act authorizes law enforcement officers to tow abandoned vehicles abandoned by persons who elude arrest for offenses the officer would have taken the offender into custody. The act also authorizes law enforcement officers to immediately remove abandoned property from the right of way of any interstate highway, freeway, or state highway if the abandoned property is creating a traffic hazard. Currently, this provision of law only authorizes the department of transportation to immediately remove the hazard from a state highway (Section 304.155). This provision is similar to one contained in SCS/SB 88 (2009).
REVISION OF THE SPECIAL LICENSE PLATE PROCEDURE - Under the proposed act, the Joint Committee on Transportation Oversight's role in approving special license plates is modified (Section 21.795). In lieu of receiving unanimous approval by the Joint Committee on Transportation Oversight for a special license plate application, only a majority vote from the committee is required. In addition, the committee shall approve a special license plate application unless the committee receives a signed petition signed by 5 House members or 5 Senators stating the reason for their opposition. The committee may disapprove a special license plate application if the proposed plate contains objectionable language or design or if the organization seeking the special license plate has not complied with the special license plate statute or accompanying rules (Sections 21.795).
TRACTOR PARADES - This act exempts tractors used in tractor parades from certain width, length, height, and license plate display regulations provided the tractors are driven by licensed drivers during daylight hours only and with the approval of the superintendent of the Missouri State Highway Patrol (Sections 304.170 and 304.260). These provisions are contained in SB 293 (2009). These sections contain an emergency clause (Section B).
VETERANS MEMORIAL HIGHWAY - This act designates a portion of Missouri Highway 100 in Franklin County as the "Veterans Memorial Highway" (Section 227.310).
DIESEL FUEL DEFINITION - This act modifies the definition of diesel fuel for the purposes of the motor fuel tax law to exclude biodiesel commonly referred to as B100 until such biodiesel is blended with other diesel fuel or sold for highway use (Section 142.800).
ATV CERTIFICATE OF OWNERSHIP - This act allows a bill of sale to be used to show ownership in the application for a certificate of ownership for an all-terrain vehicle (Section 301.700).
MOTOR VEHICLE VIOLATIONS - 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 342 (2009), 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).
SPECIAL LICENSE PLATE ISSUANCE - Under this act, the Department of Revenue does not have to issue an authorized special license plate unless it has received 200 applications for such plate. Beginning January 1, 2011, if the total numbers of special plates issued falls below 200, the department will no longer have to accept applications for the plate (Section 301.2998).
TRANSPORTATION PROJECTS TO CONSIDER PEDESTRIANS, BICYCLISTS, ETC. - This act requires the Department of Transportation's plans, programs, and projects to provide full consideration for the safety and contiguous routes for bicyclists, pedestrians, disabled persons, and transit users of all ages and abilities. Bicycle and pedestrian ways must be given full consideration in the planning and development of transportation facilities by the department, including their incorporation into state plans and programs (Section 226.222).
MODOT ANTI-LOBBYING - Under this act, no funds appropriated to or received by the Missouri Department of Transportation shall be available for any activity specifically designed to urge a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any legislative body. The provisions of the act do not prohibit officers or employees of the Missouri Department of Transportation from testifying before any legislative body in response to the invitation of any member of that legislative body or a state executive office (Section 226.227).
VETERANS MEMORIAL HIGHWAY - This act designates a portion of Poplar Bluff Bypass in Butler County as the "Veterans Memorial Highway" (Section 227.311).
MARTIN LUTHER KING JR MEMORIAL MILE - This act designates a portion of Missouri Highway 266 in Green County as Dr. Martin Luther King Jr. Memorial Mile (Section 227.313).
JAMES FINLEY MEMORIAL BRIDGE - This act designates a bridge in Laclede County as the "Specialist James M. Finley Memorial Bridge" (Section 22.368). This section is also contained in SB 58 and SCS/HB 91 (2009).
WWII OKINAWA VETERANS MEMORIAL BRIDGE - This act designates the bridge over the Gasconade River on State Highway 17 in Pulaski County as the "WWII Okinawa Veterans Memorial Bridge" (Section 227.402). This section is also contained in SB 58 and SCS/HB 91 (2009).
LAMAR HUNT MEMORIAL HIGHWAY - This act designates a portion of Interstate 435 as the "Lamar Hunt Memorial Highway." This provision can be found in SB 58, SCS/HB 91 and HB 358 (2009)(Section 227.407).
JACK BUCK MEMORIAL HIGHWAY - This act designates a portion of I-64/US 40 as the "Jack Buck Memorial Highway" (Section 227.409).
RABBI ABRAHAM JOSHUA HESCHEL MEMORIAL HIGHWAY - This act designates a portion of U.S. highway 160 in Greene County as the "Rabbi Abraham Joshua Heschel Memorial Highway" (Section 227.410).
OFF-HIGHWAY VEHICLES - This act allows certain off-highway vehicles to be operated on gravel or dirt roads in 3rd and 4th class counties provided certain conditions are met. An off-highway vehicle may not be operated in such a manner that creates damage to the environment (excessive pollution of the air, water, land etc.). Off-highway vehicles must be meet certain equipment standards under the act. Off-highway vehicles must be equipped with adequate brakes, lighted headlights and taillights, mufflers, and safety flags. Persons operating such vehicles on public or state land must wear protective eyewear and protective headgear. A violation of this provision is a class C misdemeanor (Section 300.349).
MOBILITY MOTOR VEHICLE DEALERS - Under this act, a mobility motor vehicle dealer may purchase new motor vehicles from franchised dealers to equip such vehicles for retail sale as a mobility motor vehicle. Mobility motor vehicle dealers may also display new motor vehicles to disabled persons to equip the vehicles as mobility motor vehicles for such persons. A mobility motor vehicle dealer who purchases a new motor vehicle from a franchised dealer to equip the vehicle as a mobility motor vehicle shall not advertise the vehicle for resale until the vehicle is equipped as a mobility motor vehicle (Section 301.571).
MOTOR VEHICLE TITLES AND LIENS - This act establishes a procedure for adding or deleting names on an application for certificate of ownership for a motor vehicle or trailer that would cause it to be inconsistent with the names listed on a notice of lien. Under the act, the owner shall provide the director with documentation evidencing the lienholder's authorization to add or delete names on the application for certificate of ownership (Section 301.190). This provision is contained in SCS/HB 269 (2009).
BRAIN TUMOR AWARENESS PLATES - This act authorizes the issuance of Brain Tumor Awareness Organization special license plates (section 301.165). This provision can be found in SB 134 (2009).
ARMED FORCES EXPEDITIONARY MEDAL PLATE - This act also allows persons who have been awarded the Armed Forces Expeditionary Medal to receive a special license plate inscribed with the words "expeditionary service" and bearing a reproduction of the Armed Forces Expeditionary Medal. This provision was contained in SB 134 (2009) and SB 856 (2008)(Section 301.3155).
LEGION OF MERIT MEDAL SPECIAL LICENSE PLATES - This act allows persons who have been awarded the legion of merit medal to receive Legion of Merit special license plates (Section 301.3158).
MISSOURI BICYCLE FEDERATION SPECIALTY LICENSE PLATES -This act allows persons to receive Missouri Bicycle Federation special license plates (Section 301.4005).
NIXA EDUCATION FOUNDATION SPECIAL LICENSE PLATES - This act allows persons to receive Nixa education foundation special license plates (Section 301.4006).
NATIONAL WILD TURKEY FEDERATION SPECIAL LICENSE PLATES - This act allows members of the National Wild Turkey Federation to receive National Wild Turkey Federation special license plates (Section 301.4010).
MISSOURI STREAM TEAM SPECIAL LICENSE PLATES - This act allows members of the Missouri stream team watershed coalition to receive special license plates bearing their organization’s name and insignia (Section 301.4016).
DARE SPECIAL LICENSE PLATES - This act allows persons to receive Missouri State Drug Abuse Resistance Education (D.A.R.E.) special license plates (Section 301.4018).
UNITED STATES SUBMARINE VETERAN SPECIAL LICENSE PLATES - This act allows members of the United States Submarine Veterans Incorporation to receive special license plates bearing the words "United States Submarine Veteran" (Section 301.4020).
HIGHWAY WORK ZONES - This act provides that no person shall be cited for an enhanced highway work zone penalty when no highway workers are located or working within the construction zone or work zone at the time the alleged violation occurred (Section 304.582).
TRAILER SAFETY - This act prohibits any person from climbing, standing, or working on top of any trailer or semitrailer stopped along any highway unless proper safety precautions are taken. Any person violating this provision will be guilty of an infraction punishable by a fine of between $50 and $100 (Section 304.870).
HEADLAMP MODULATORS - This act allows motorcycle headlamps to be wired to modulate either the upper beam or the lower beam from its maximum intensity to a lesser intensity provided the headlight modulator meets certain standards set forth in the act. This provision is contained in HB 253 (2009) (Section 307.128).
ASSAULT OF HIGHWAY WORKERS AND CORRECTION OFFICERS - The crime of assault of a law enforcement officer, emergency personnel, or probation and parole officer in the first, second, and third degree is expanded to include highway workers in construction or work zones and correction officers (Sections 565.081 - 565.083).
CONVEYANCE OF PROPERTY FOR MISSISSIPPI RIVER BRIDGE - This act authorizes the Governor to convey a parcel of real property, which is being currently used by the Department of Corrections as a minimum security correctional facility, to the Missouri Highways and Transportation Commission for the new Mississippi River Bridge project. This provision is contained in SB 179 (2009)(Sections 1 to 5).
WARRANTY WORK ON MOTOR VEHICLES BY NON-AUTHORIZED DEALERSHIPS - Under this act, any motor vehicle manufacturer selling new motor vehicles in Missouri shall allow a non-authorized dealership or non-authorized motor vehicle repair facility to perform warranty work or repairs that are generally required to be performed by an authorized dealership or repair facility provided that:
(1) The authorized dealership or authorized motor vehicle repair facility that would have performed the warranty work or repairs has discontinued doing such warranty work;
(2) No other authorized dealership or authorized motor vehicle repair facility is located within 75 miles of the authorized dealership or authorized motor vehicle repair facility that has discontinued performing warranty work;
(3) The non-authorized dealership or non-authorized motor vehicle repair facility is located within 75 miles of the current authorized dealership or authorized repair facility that has discontinued performing warranty work or repairs; and
(4) The non-authorized dealership or non-authorized motor vehicle repair facility is certified by the National Institute for Automotive Service Excellence.
Under the terms of the act, any dealership or repair facility completing warranty work and repairs for the manufacturer shall use original equipment manufacturer parts if required by the manufacturer to retain the warranty unless the original equipment manufacturer parts will not arrive within 5 business days. If the original manufacturer parts will not arrive within 5 business days, aftermarket parts may be used but only if the parts would arrive prior to the original equipment parts. The use of aftermarket parts shall not void the manufacturer warranty nor shall such parts be covered by the manufacturer warranty (Section 407.584 ). This provision is similar to one contained in HB 281 (2009).