Missouri Senate

House Committee Substitute

LICENSE PLATE TABS - This act modifies the process for obtaining free license plate tabs. Under current law, any person replacing a stolen license plate tab may receive at no cost up to two sets of two license plate tabs per year when the application for the replacement tab is accompanied with a police report. This act replaces the police report with a notarized affidavit so that a person may receive up to two sets of license plate tabs per year when the application for the replacement tab is accompanied by a notarized affidavit verifying that the tab or tabs were stolen (Section 301.301). This provision is also contained in SB 217 (2013).

REMOVAL OF ANTIMASKING PROVISION - Under current Missouri law, a person's driver's license may be suspended for failing to timely dispose of traffic tickets. The suspension will be removed if the person pays the traffic ticket fine, court costs, and a reinstatement fee. The removal of the suspension from the individual's driving record will only occur if the individual was not operating a commercial motor vehicle or was a commercial driver's license holder at the time of the offense. This act repeals that provision (Section 302.341).

COMPLIANCE WITH FEDERAL MOTOR CARRIER SAFETY REGULATIONS - This act modifies several commercial motor vehicle provisions in an effort to comply with Federal Motor Carrier Safety Regulations. These provisions may also be found in SB 411 (2013).

The act modifies several definitions contained in the "Uniform Commercial Driver's License Act" (Sections 302.700 to 302.780). Most notably, the act provides definitions for the terms "electronic device", "mobile telephone", and "texting". In addition, the act modifies the definition of the term "serious traffic violation" to include violating a state or local law or ordinance on motor vehicle traffic control prohibiting texting while driving a commercial motor vehicle and violating a state or local law or ordinance on motor vehicle traffic control restricting or prohibiting the use of a hand-held mobile telephone while driving a commercial motor vehicle. The act also modifies the term "disqualification" so that commercial driver's instruction permit holders are held to the same standards and disqualification penalties as commercial driver's license holders (Section 302.700).

Under the terms of this act, all applicants for a commercial driver's license shall have maintained the appropriate class of commercial driver's instruction permit issued by this state or any other state for a minimum of 14 calendar days prior to the date of completing skills testing (Section 302.720).

Under current law, the commercial motor vehicle driving skills test may be waived under certain circumstances for members of the military. Currently, one of the conditions for obtaining a waiver is that the applicant must be regularly employed in a job requiring operation of a commercial motor vehicle and has operated the vehicle for at least 60 days during the two years immediately preceding application for a commercial driver's license. This act qualifies this condition by providing that the applicant must be regularly employed "within the last 90 days in a military position" in order to obtain the skills test waiver (Section 302.720).

This act modifies the provisions pertaining to nonresident commercial drivers licenses. Under the act, the term "nonresident" is changed to "nondomiciled" and the provisions for obtaining a nondomiciled commercial driver's license are changed to reflect that such applicants can obtain commercial driver's instruction permits as well (Section 302.735).

The act provides that commercial driver's instruction permits must include the same data elements as commercial driver's licenses and must also contain the words "CDL PERMIT" or "COMMERCIAL LEARNER PERMIT" (Section 302.740).

This act provides that disqualification periods must be in addition to any other previous periods of disqualification in a manner consistent with federal law, except when the major or serious violations are a result of the same incident (Section 302.755).

MOVE OVER LAW - Under current law, motorists must take certain actions when approaching a stationary emergency vehicle displaying red or red and blue lights (Missouri Move Over Law). This act modifies this provision by requiring motorists to move over when approaching stationary emergency vehicles displaying red, yellow, blue, or white lights or any combination thereof (Section 304.022). This provision is also contained in SB 404 (2013).

ROTATION LIST - This act requires the Missouri Department of Public Safety to establish a rotation list procedures to be followed for requesting towing services for the removal of vehicles from public property. The Highway Patrol must establish a rotation list of towing truck companies to be called to tow or remove disabled vehicles within its jurisdiction. Such towing truck companies shall comply with all criteria established by the law enforcement agency for inclusion on the law enforcement agency's rotation list. The act establishes the criteria for a rotation list. Any towing truck company that violates the criteria established under the act for inclusion on the rotation list shall be removed from the rotation list of the law enforcement agency for a specified period of time as set forth in the act (Section 304.153). This provision is similar to one contained in SB 404 (2013).

MINIMUM STANDARDS FOR TOWING COMPANIES - The act also requires certain towing companies to comply with additional regulations. Such towing companies shall have a storage lot or an enclosed building for the storage of vehicles with a total storage area of at least 2,000 square feet and fencing a minimum of 7 feet high. In addition, the towing company must be open for a minimum of 8 hours per day between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, for customers or their authorized agents to view and retrieve vehicles, with no additional fees charged to view or retrieve a vehicle during these regular business hours. The regulated towing companies must also have and maintain an operational telephone with the telephone number published or available through directory assistance. The towing companies must maintain insurance policies in the amount prescribed by the U.S. Department of Transportation. The act also requires tow truck drivers to be certified by the Towing and Recovery Association of America (TRAA), or any state or federally funded program, and hold certain certifications (Section 304.154). This provision is similar to one contained in SB 404 (2013).

The act also repeals the current exemption from the towing regulations currently enjoyed by towing companies located in second class counties.

WEIGHT LIMITS ON HIGHWAYS FOR AGRICULTURAL PRODUCTS - Under current law, the total gross weight of any vehicle hauling livestock may be as much as 85,000 pounds while operating on certain highways in certain areas. This act expands the scope of this 85,000 weight limitation to vehicles hauling agricultural products (excluding log trucks) and allows the weight on all highways except highways that are part of the Dwight D. Eisenhower System of Interstate and Defense Highways. Operators hauling greater than 80,000 pounds under this provision must annually apply for a permit from the Department of Transportation ($25 fee). Operators renewing the permit must submit a list of roads traveled and the number of miles traveled on each road during the year (Section 304.180).

WEIGHT LIMITS FOR SOLID WASTE HAULERS - Under current law, trucks transporting solid waste between cities and solid waste processing facilities may operate with additional axle weight limits (22,400 pounds on one axle or 44,800 pounds on any tandem axle). Under this act, trucks transporting recyclable waste for the use in the production of animal feed between cities and recycling facilities may operate under the same axle weight limitations (Section 304.184).

TEXTING AND COMMERCIAL MOTOR VEHICLES - Under current law, texting while driving is limited to persons under the age of 21 and excludes the majority of commercial driver's license holders. Under this act, a person convicted of texting while operating a commercial motor vehicle or convicted of using a hand-held mobile telephone while driving a commercial motor vehicle, may have his or her commercial driver's license disqualified. Under the act, texting while driving and using a hand-held mobile telephone while driving a commercial motor vehicle has been defined as a serious traffic violation under Section 302.700. The disqualification provisions for such violations may be found under Section 302.755.5. In addition, this act makes it an infraction for a person to use a hand-held mobile telephone or engage in texting while operating a commercial motor vehicle (Section 304.820).

MOTORIZED BICYCLE - This act modifies the definition of the term "motorized bicycle" as used in Chapter 307 by increasing its maximum horsepower and speed (section 307.180).

COVERED FARM VEHICLES - On July 6, 2012, Moving Ahead For Progress in the 21st Century Act (MAP-21) was enacted into law. MAP-21 includes provisions that exempt commercial motor vehicles operating as "covered farm vehicles" from certain Federal Motor Carrier Safety Regulations (FMCSRs). The covered farm vehicle and the person operating the CFV are exempt by MAP-21 from several federal motor carrier safety laws and regulations applicable to for-hire motor carriers, including, but not limited to, possession of a valid commercial drivers' license, submitting to drug tests, possession of valid medical certification and others.

Under MAP-21, hours of service regulations (49 CFR § 395) do not apply when operating a commercial motor vehicle within the scope of the covered farm vehicle exemptions. Under current Missouri state law, the federal regulations relating to hours of service do not apply to drivers transporting agricultural commodities or farm supplies if certain conditions are met. Since Missouri's exemption regarding hours of service is inconsistent with the federal law, this act repeals the provision to be consistent with MAP-21.

Under current Missouri law, certain federal regulations regarding the equipment and operation of motor vehicles do not apply to commercial motor vehicles that transport property in intrastate commerce if such vehicles have a gross vehicle weight rating or gross combination weight rating of 26,000 pounds or less. Under this act, this exception shall not apply to covered farm vehicles required to be placarded for hazardous materials under federal law (Section 307.400).

STEPHEN WITTE