Missouri Senate

Perfected

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, the month and year in which the victim of the drunk driving accident was killed, and the phrase "Who's Next?". 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).

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.

FALSE STATEMENTS - This act increases the penalty for making a false unsworn statement or affidavit in the driver's license process from a Class A misdemeanor to a Class D felony (Section 302.230).

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 1 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 24 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).

DEAD RED - This act provides that a person operating a motorcycle or bicycle 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 or bicycle has been brought to a complete stop;

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

(3) The traffic 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. This provision is contained in SB 368 (2009). A similar provision was contained in SB 614 (2007) and SCS/SB 969 (2006). This provision is also contained in SS/SCS/SB 239 et al (2007)(Section 304.285).

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 repealed (subsection 6 of Section 21.795). In lieu of receiving approval by the Joint Committee on Transportation Oversight, the role of authorizing special license plates is returned to the General Assembly after the organization has been vetted by the Department of Revenue, as required by current law.

In order to obtain a special license plate, the sponsoring organization must submit an application to the Department of Revenue (as required under current law). The application must be sponsored by a member of the General Assembly (current law). The list shall be accompanied by a list of 200 potential special license purchasers and an application fee for issuing and developing the special license plate (not to exceed $5,000). The documents and fees must be submitted to the Department of Revenue by July 1st prior to the beginning of the legislative session. Monies submitted by the sponsoring organization will be refunded if the special license plate is not approved by the General Assembly. If special license plate legislation is filed by a member of the General Assembly, the Department of Revenue shall forward to the oversight division of the committee on legislative research a copy of the organization’s special license plate application and a statement describing whether or not the proposed special license plate complies with the special license plate procedure law (200 applicants, issuance and development fee, etc.). Special military license plates are not subject to the special license plate procedure (current law)(Sections 21.795, 23.140, 301.3150, 301.3152, and 301.3154).

FILED RATE DOCTRINE REPEALED FOR HOUSEHOLD GOODS MOVERS IN COMMERCIAL ZONES - Under this act, motor carriers are not required to file its schedules of rates, fares and charges for shipments of household goods that are transported wholly within a commercial zone (section 387.040).

REVISION OF MACKS CREEK LAW - Under this act, if a 4th class city with less than 1,000 persons and having an interstate traversing through its city limits receive more than 35% of its annual revenue from traffic fines, all revenues in excess of the 35% threshold must be sent to the Department of Revenue to be distributed to the state school system (Section 302.341).

RED LIGHT CAMERAS - This act prohibits the issuance of an automated photo red light enforcement system citation unless the driver is clearly identifiable by a police officer located within the municipality employing the use of an automated photo red light system. As used in the act, the term "automated photo red light enforcement system" shall mean a device, consisting of a camera or cameras and a vehicle sensor or sensors, installed to work in conjunction with a traffic control signal, which is used to produce recorded images of motor vehicles entering an intersection against a red signal indication (Section 304.284).

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).

VETERANS MEMORIAL HIGHWAY - This act designates a portion of Missouri Highway 100 in Franklin County as the "Veterans Memorial Highway" (Section 227.310).

TEXT MESSAGING WHILE DRIVING - This act prohibits drivers from sending, reading, or writing text messages or electronic messages while operating motor vehicles on the highways in Missouri. The text messaging prohibition does not apply to persons operating emergency vehicles. The text messaging prohibition does not apply to a person operating a motor vehicle who sends a text message to report illegal activity, summon medical or other emergency help, prevent personal or property injuries, or to relay information between a for-hire operator and a dispatcher. A violation of the act is an infraction and is considered a moving violation for purposes of point assessment. The act's provisions supercede any local law that regulates the use of electronic wireless devices by the operator of a motor vehicle. A similar provision, but not identical, is contained in SCS/SB 130 (2009)(Section 304.820).

MOTOR VEHICLE SAFETY INSPECTION - This act modifies the current motor vehicle safety inspection process by exempting motor vehicles for the ten-year period following their model year of manufacture (Sections 301.147, 301.190, 307.350, 643.303, and 643.315). The modification of the state motor vehicle safety inspection process becomes effective January 1, 2010.

STEPHEN WITTE