CCS/HCS/SB 43 - This act modifies various provisions relating to transportation.COMMERCIAL MOTOR VEHICLES - This act modifies Missouri's commercial motor vehicle law to conform with Federal Motor Carrier Safety Administration regulations. Several of 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).
Federal regulations have amended the commercial driver's license (CDL) program with respect to Commercial Learner's Permits (CLP), specifically requiring "a CLP holder meet virtually the same requirements as those for a CDL holder..." Missouri's current law does not hold a CLP holder to the same standards and disqualification penalties as a CDL holder. This act aligns the standards. This act, in compliance with federal amended regulations, specifically requires all CDL applicants to maintain the appropriate class of commercial driver's instruction permit issued by this state or another state for a minimum of 14 calendar days prior to the date of taking a skills test. In other words federal guidance requires that a state prohibit issuing a CDL unless the applicant has first obtained a learner's permit and held it for a minimum of 14 days (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).
Under the act, the Department of Revenue shall have until July 8, 2015, to comply with the federal regulations pertaining to commercial driver's license testing and commercial learner's permit standards (Section 302.767)(HA 2).
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). This provisions can be found in the truly agreed to version of SB 51(2013). A similar, but not identical provision can be found in the truly agreed to version of HB 103 (2013).
IDLE REDUCTION TECHNOLOGY - Under current law, Missouri allows vehicles equipped with idle reduction technology to exceed the maximum gross vehicle weight limit and the axle weight limit by up to 400 pounds to compensate for the additional weight of the idle reduction technology. Under federal law, the total allowable weight exemption for idle reduction technology was recently increased to 550 pounds. This act increases the weight limit for idle reduction technology to 550 pounds to reflect the new maximum federal limit.
ASSAULT OF MASS TRANSIT WORKERS - This act creates the crimes of assault of an employee of a mass transit system while in the scope of his or her duties in the first, second, and third degree. Mass transit employees include those working for public bus and light rail companies. The penalties for such crimes are a Class B felony, C felony, or Class B misdemeanor, respectively. This portion of the act is similar to SB 263 (2013), SB 343 (2011), SB 814 (2010) and HB 487 (2009)(Sections 565.087, 565.088, and 565.089)(HA 1).
GRAHAM'S PICNIC ROCK HIGHWAY - This act designates a portion of Interstate 70 within Montgomery County as the "Graham's Picnic Rock Highway" (section 1)(HA 5).
ISSUANCE OF DRIVER'S LICENSES TO CERTAIN DWI OFFENDERS- This act requires a court to order the Director of the Department of Revenue to issue licenses to certain multiple DWI offenders (persons who have been convicted more than twice of driving while intoxicated and have received 10 year license denials and persons who have been convicted twice within a five-year period of driving while intoxicated or other intoxication-related traffic offenses and have received 5 year license denials). The license must be issued to the offender if the court finds that the offender does not have any alcohol-related convictions within the preceding ten or five year period, and the offender's habits and conduct show that the offender does not pose a threat to public safety. Under the current law, the court has discretion whether to order the director to issue a license or not to these types of offenders (Section 302.060). This portion of the act is also contained in HB 931 (2013) and HCS/SS/SCS/SB 83 (2013)(HA 3).
ONLINE DRIVER IMPROVEMENT PROGRAM - This act specifies that an operator must be given the option to complete a driver-improvement program through an online or in-person course to stay the assessment of points against a license (Sections 302.302 and 476.385). This portion of the act is also contained in HB 931 (2013) and HCS/SS/SCS/SB 83 (2013)(HA 3).
RESTRICTED DRIVING PRIVILEGES AND IGNITION INTERLOCK DEVICES - Under current law, a first time DWI or BAC offender receives a 30 day license suspension ("hard walk") followed by a 60-day period of restricted driving privilege. This act allows the first time DWI or BAC offender to complete a 90-day period of restricted driving privilege in lieu of the 30 day suspension if he or she provides proof to the department that all vehicles operated by the person have a functioning, certified ignition interlock device. If the person fails to maintain proof of the device, the restricted driving privilege will be terminated. Upon completion of the 90-day period of restricted driving privilege, compliance with other requirements of law, and filing proof of financial responsibility with the department, the license will be reinstated. However, if the monthly monitoring reports during the 90-day period indicate that the ignition interlock device has registered a confirmed BAC level above the alcohol setpoint or the reports indicate the device has been tampered with or circumvented, then the license will not be reinstated until the person completes an additional 30-day period of restricted driving privilege without any violations (Section 302.304).
Under current law, a person who has had his or her license suspended or revoked due to points received for the second or subsequent conviction of a DWI offense or BAC offense must, as a condition of license reinstatement, file proof with the director that all vehicles operated by the offender are equipped with function ignition interlock devices. This act revises this provision so that any person who has had his or her license suspended or revoked as a result of points assessment for intoxication-related traffic offense convictions, and who has a prior alcohol-related enforcement contact must file proof of ignition interlock installation as a condition of license reinstatement (section 302.204.17).
This portion of the act is also contained in HB 931 (2013) and HCS/SS/SCS/SB 83 (2013)(HA 3).
LIMITED DRIVING PRIVILEGE ("HARDSHIP LICENSES") - This act repeals the provision of law that makes a person ineligible to receive a limited driving privilege if the person has previously been granted a limited driving privilege within the immediately preceding 5 years. Under current law, a person who has had his or her licenses suspended for multiple violations of state implied consent laws (failure to submit) is ineligible to receive a limited driving privilege. This act repeals this ineligibility provision and revises the conditions for receiving a limited driving privilege for anyone whose license has been suspended for failing to submit to a chemical test. The act specifies that a person who has failed to submit to a chemical test is ineligible to receive a limited driving privilege unless the person files proof of installation with the department that any vehicle operated by him or her is equipped with a functioning, certified ignition interlock device (Section 302.309).
Under current law, certain offenders (a person who has been convicted more than twice for DWI and has received a 10 years license denial or a person who has been convicted twice for driving while intoxicated and has received a 5 year license denial) may apply for a limited driving privilege if the person serves at least 45 days of the disqualification or revocation. This act repeals the 45 day mandatory disqualification or revocation period. In addition, the act requires a circuit court to grant a limited driving privilege to a person who otherwise is eligible, has filed proof of installation of a certified ignition interlock device, and has no alcohol-related enforcement contacts since the contact that resulted in his or her license suspension or revocation (Section 302.309). This portion of the act is also contained in HB 931 (2013) and HCS/SS/SCS/SB 83 (2013)(HA 3). This portion of the act is subject to an emergency clause.
ADMINISTRATIVE SUSPENSIONS FOR ALCOHOL-RELATED ENFORCEMENT CONTACTS - This act allows a person whose driving record shows no prior alcohol related enforcement contacts in the immediately preceding 5 years to complete a 90-day period of restricted driving privilege in lieu of the suspension if he or she provides proof to the department that all vehicles operated by the person have a functioning, certified ignition interlock device. Upon completion of the restricted driving period, compliance with other requirements of law, and filing proof of financial responsibility with the department, the license must be reinstated. However, if the monthly monitoring reports during such 90-day period indicate that the ignition interlock device has registered a confirmed BAC level above the alcohol setpoint or that the device has been tampered with or circumvented, then the license cannot be reinstated until he or she completes an additional 30-day period of restricted driving privilege without any violations (Section 302.525.2(1)). This portion of the act is also contained in HB 931 (2013) and HCS/SS/SCS/SB 83 (2013)(HA 3).
REFUSAL TO SUBMIT TO CHEMICAL TESTS - Under current law, any person who has had a driver's license revoked more than once for a violation of refusing to submit to a chemical test shall be required to file proof with the director that all motor vehicles operated by the person are equipped with ignition interlock devices and will be maintained on all vehicles for a period of 6 months following the date of reinstatement. The act modifies that provision so that any person who has a license revoked under the refusal to submit law (ยง577.041) and has a prior alcohol-related enforcement contact will be required to file proof with the department that any motor vehicle operated by him or her is equipped with a functioning, certified ignition interlock device as a required condition of reinstatement. The ignition interlock device must be required on all motor vehicles operated by the person for a period of at least 6 months immediately following reinstatement. If the monthly monitoring reports show that the device has registered a confirmed blood alcohol concentration reading above the alcohol setpoint or has been tampered with or circumvented, then the period will be extended for an additional six months. (Section 577.041). This portion of the act is also contained in HB 931 (2013) and HCS/SS/SCS/SB 83 (2013)(HA 3).
STEPHEN WITTE