SB 648
Modifies law on temporary instruction permits, towing companies, and use of ignition interlock devices by drunk drivers
LR Number:
Last Action:
5/18/2012 - S Calendar S Bills with H Amendments--SCS for SB 648-Dempsey, with HCS, as amended
Journal Page:
Calendar Position:
Effective Date:
August 28, 2012
House Handler:

Current Bill Summary

HCS/SCS/SB 648 - This act enacts various provisions relating to the regulation of transportation.

SUPERVISION OF TEMPORARY INSTRUCTION PERMIT HOLDERS UNDER 16 YEARS OF AGE - This act expands the list of qualified persons who may accompany a temporary instruction permit holder who is under 16 years of age. Under current law, a temporary instruction permit holder may only drive a motor vehicle when accompanied by a grandparent, parent, legal guardian, or a qualified driving instructor. This act expands the list of qualified drivers to include persons who are at least 25 years age, have been licensed for a minimum of three years and have received written permission from the parent or legal guardian to escort or accompany the driver (Section 302.130). This provision is also contained in the truly agreed version of HB 1402 (2012).

LICENSING OF TOWING COMPANIES - This act requires towing companies to be licensed by the division of professional registration. The act prohibits local governments from contracting with towing companies that are not licensed with the division. The act also requires towing companies to have a lot of enclosed building of at least 2,000 square feet, including fencing of at least 6 feet high. The act requires towing companies to maintain regular business hours from 8 am to 5 pm. The act also impose minimum liability insurance requirements upon towing companies. The act requires tow drivers to be certified by the Towing and Recovery Association of America (TRAA). The act sets forth the minimum certification levels. This provision can also be found in HCS/SS/SCS/SB 470 (Section 304.154).

IGNITION INTERLOCK AND DRUNK DRIVING - The act provides that any person whose license is suspended due to a first conviction of driving while intoxicated or driving with blood alcohol content of .08 or more will not have his or her driver's license suspended if he or she agrees to equip his or her vehicle with an ignition interlock device, but instead will have a 90-day period of restricted driving privilege.

The act requires that any person who has a driver's license suspended for the refusal upon the request of law enforcement to submit to a test for blood alcohol content to have an ignition interlock device installed on all motor vehicles operated by the person for a period of not less than one year. The court must require any person who is found guilty or pleads guilty to an intoxication-related traffic offense to not operate any motor vehicle unless equipped with ignition interlock device for a period of not less than 90 days if convicted of a first intoxication-related traffic offense, not less than one year if convicted of a second, not less than five years if convicted of a third or fourth, and for the duration of the person's life if convicted of a fifth. A person convicted of his or her fifth intoxication-related traffic offense is eligible to have his or her restriction reviewed by the department after operating a motor vehicle equipped with an ignition interlock device in full compliance for five years.

The act requires that any ignition interlock device required by these provisions to have photo identification technology and global positioning system features. The act requires the Department of Revenue to issue a special driver's license to any person required to use an ignition interlock device that signifies that the driver must not operate a vehicle that does not contain a device. Costs associated with issuing the special license or reissuing the person's regular driver's license, upon completion of the restricted driving period, are to be paid by the individual, but are not to exceed $50. Any person required to have this special license must have it for the duration of the restricted driving period and until the person maintains a period of 90 days without the ignition interlock device registering a level of alcohol above the level set by the department and without any reports of tampering or circumventing the device. If a violation occurs, the restricted driving period must be extended for an additional 90 days.

These provisions are contained in HB 2063 (2012)(sections 302.304, 577.041, 577.600 and 577.606).