HB 1976 Modifies provisions relating to motor vehicle services
Sponsor: Munzlinger
LR Number: 5454S.05T Fiscal Notes
Committee: Transportation, Infrastructure and Public Safety
Last Action: 9/14/2016 - Legislature voted to override Governor's veto Journal Page: H44
Title: SCS HCS HB 1976 Calendar Position:
Effective Date: August 28, 2016
House Handler: Hoskins

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Current Bill Summary


SCS/HCS/HB 1976 - This act modifies provisions relating to motor vehicle services.

AUTOCYCLES (Section 304.005) - This act defines "autocycle", and exempts autocycle operators from the motorcycle helmet requirement if the autocycle has a roof. This act also requires autocycle operators to have a driver's license.

This provision is identical to the perfected SS/SB 659 (2016), is substantially similar to SS/HB 1733 (2016), HCS/HB 1732 (2016), SB 344 (2015), and is similar to SB 596 (2014), SB 503 (2014), and provisions in SS/SCS/HCS/HB 1124 (2014).

TOWING COMPANIES (Sections 304.153-304.154) - This act authorizes a towing company to perform services for a patrol officer or law enforcement officer within the officer's jurisdiction, or a Missouri Department of Transportation employee, provided that the Missouri State Highway Patrol shall not be obligated to retain the company in any contract. Any motor vehicle owner's request for a specific towing company shall be honored by the Missouri State Highway Patrol unless certain circumstances exist as set forth in this act. This act further specifies that a patrol officer shall not use a towing company located outside of Missouri except under certain circumstances. Under this act, a towing company shall not tow a vehicle to a location outside of Missouri without the consent of the owner or driver, or the owner or driver's motor club.

Under this act, any towing company arriving at the scene of an accident that has not been called shall be prohibited from towing the vehicle unless the towing company is rendering emergency aid or operating during a declared state of emergency. Further, any tow truck operator that tows a vehicle from an accident that has not been called shall be guilty of a Class D misdemeanor for the first violation, a Class A misdemeanor for the second violation, and a Class D Felony for the third and any subsequent violation.

Under this act, a towing company shall take certain actions in order to operate under certain provisions of law as set forth in this act. Any initial tow performed under certain provisions of law shall remain in the state of Missouri unless authorized by the vehicle owner or owner's motor club. Counties may adopt ordinances with respect to towing company standards under this act. Further, storage lot facilities and towing companies shall allow insurance adjusters access to motor vehicle inspection without charge unless such vehicle is being preserved as evidence. When a motor vehicle has been transferred to a towing company storage lot, the vehicle shall not be transferred from the lot without providing the motor vehicle owner 24 hour advance notice.

These provisions shall not apply to third and fourth class counties.

This provision is similar to SB 1043 (2016), HCS/SB 640 (2016), and HCS/HB 2320 (2016).

EXTENDED SERVICE CONTRACTS (Sections 385.200-385.306) - This act modifies the definition of "manufacturer", in relation to extended service contracts, to include affiliates of the person who manufactures or produces the subject property. This act also modifies the definition of "motor vehicle extended service contract" to include contracts for specific services related to motor vehicles as listed in the act, and adds a definition for "road hazard". This act also allows for refunds to be credited to the account of an extended service contract holder. This act further amends who may effectuate a refund to an extended service contract holder.

This provision is substantially similar to SB 975 (2016).

KAYLA HAHN