SB 969
Modifies several provisions relating to transportation and laws pertaining to motor vehicles
LR Number:
Last Action:
5/12/2006 - H Calendar S Bills for Third Reading
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Current Bill Summary

HCS/SS/SCS/SB 969 - This act modifies various provisions relating to transportation.

BILLBOARDS - This act provides that if a local zoning authority requires a legally erected billboard to be removed or altered as a condition or prerequisite for obtaining a permit or license unrelated to billboards, then such requirement shall constitute a compelled removal. This type of removal is prohibited unless just compensation is paid (section 226.527). This provision is similar to HCS/SB 1064 (2006), SB 745 (2006), SB 29 (2005)and SB 1182 (2004).

Under this act, the Highways and Transportation Commission is authorized to void billboard permits without paying compensation under the following conditions:

(1) When there has been any misrepresentation of a material fact by the applicant on a permit application and the sign is removed under law;

(2) When the commission determines that a change has been made to a conforming sign by the sign owner and the sign has been removed under law; or

(3) When the commission determines that a substantial change has been made to a nonconforming sign by the sign owner such that the sign's nonconforming status was terminated and the sign was removed under the commission's administrative rules for maintenance of nonconforming signs.

The commission may also void any permit when the commission determines that such permit has been erroneously issued by Department of Transportation staff in violation of any state law or administrative rule. The billboard shall be subject to removal and compensation (sections 226.530 and 226.580).

CONVEYANCE OF EXCESS REAL PROPERTY HELD BY HIGHWAY COMMISSION - This act allows the Highways and Transportation Commission to convey or exchange its interest in land or leasehold for the property's approximate fair market value pursuant to any administrative procedure or process as determined by the commission. The commission, at its discretion, will be allowed to convey at no cost or exchange its interest in any land or leasehold that is no longer necessary for its use to any federal, state, or local governmental entity (Section 227.290).

ST. CHARLES VACATING OF ROADS - The act establishes a procedure similar to that used by township counties for residents of St. Charles County to vacate roads no longer serving the public (section 228.110).

LOCAL LOG TRUCK AND LOCAL LOG TRUCK TRACTOR - The radius within which a local log truck or local log truck tractor may operate is increased from 50 to 100 miles (section 301.010).

UNIFORM REGISTRATION FEES - This act changes the registration fee for all passenger motor vehicles and eliminates the reference to horsepower when determining registration fees (Section 301.070). A uniform charge of $26.25 shall be charged for all passenger motor vehicles and commercial motor vehicles with a gross weight rating of twelve thousand pounds or less (Section 301.055 and Sections 301.057 and 301.058). These provisions have an effective date of July 1, 2007.

DEALER LICENSE PLATE LETTERS AND NUMBERS - This act makes several technical changes to provisions pertaining to manufacturer and dealer license plate letter and numbers. The current law contains erroneous references (Sections 301.130, 301.144, and 301.560).

SPECIALTY LICENSE PLATES ISSUANCE - The act allows the Department of Revenue to deny accepting applications and deny issuance of special license plates if no applications are received within 5 years from the effective date of the law authorizing the plate (Section 301.2998).

LAWFUL PRESENCE - Under this act, an applicant for a noncommercial driver's license 65 years of age or older or an applicant who has previously held for a period of 15 years or more a noncommercial driver’s license, permit or nondriver’s license is exempt from showing proof of lawful presence (section 302.171). This section is similar to a provision contained in SB 1001 (2006).

DRIVEAWAY SADDLEMOUNT COMBINATIONS - This act increases the maximum length for driveaway saddlemount combinations from 75 feet to 97 feet. Combinations having a length greater than 97 feet may not be operated on the interstate system (Section 304.170).

IDLE REDUCTION TECHNOLOGY WEIGHT INCREASE - This act provides that the maximum gross vehicle weight limit and axle weight limit for heavy-duty vehicles equipped with idle reduction technology may be increased (up to an additional 400 pounds) to account for the technology (Section 304.180).

EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession 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 for CDL holders who have been convicted of or pled guilty to an offense where the person's BAC is .04 or above (Section 302.545).

LIENS ON MOTOR VEHICLES FOR STORAGE OR SERVICES - This act modifies the law governing liens on motor vehicles for storage and repair fees. Under the act, a lienholder may apply for a title to a motor vehicle if the statutory notice is returned marked "not forwardable" or "addressee unknown." The application for the lien must be accompanied by a copy of the statutory notice given to the owner of the motor vehicle and other lienholders of interest. The act removes the requirement that the Department of Revenue must notify the motor vehicle owner or other lienholder of interest before issuing a lien title. The act adds a provision which allows the motor vehicle owner, trailer owner, vessel owner, etc. to file a petition to challenge whether such chattel was wrongfully taken (Section 430.082).

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).

THIRD-PARTY TESTERS - Under this act, the director of revenue shall only issue or renew third-party tester certifications to private companies who operate on the campus of a junior college or community college or to private companies who own and maintain their own fleet and administer in-house testing to their employees or to school districts and their agents that administer in-house testing to the school district's or agent's employees. (section 302.720). A similar provision is contained in SB 1001 (2006).

ATV DEFINITION - Under this act, the definition of an all-terrain vehicle is modified to include utility vehicles primarily used for agricultural, landscaping, lawn care, or maintenance purposes (section 304.013).

CROSSING SOLID YELLOW CENTER STRIPE - Under this act, a vehicle shall not be driven to the left of a solid yellow center stripe except when executing a lawful turn or when overtaking a vehicle that is traveling at a speed less 25 miles per hour, or when avoiding debris in the roadway, and so long as the action does not create a hazard (section 304.016).

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).

ABANDONED MOTOR VEHICLES - Abandoned property sold under this act shall not be subject to the transfer notification provisions of sections 301.196 to 301.198 which require private sellers to notify Department of Revenue of sale. The act requires registered owners to present a copy of their most recent registration receipt or title for the abandoned property to law enforcement or towing company in order to have property released. Under the act, an insurer or a holder or a valid security interest shall not be required to present such documents (Section 304.155).

CERTIFICATION PROCEDURES FOR LOCAL LAW ENFORCEMENT OFFICIALS - This act requires the state patrol to establish a program to certify local law enforcement officers with respect to enforcing the provisions of Sections 304.170 to 304.230. The certification procedures established by the highway patrol shall include training, testing, on-the-job experience, data collection and other prescribed components. The certification procedures shall meet the requirements established by the Commercial Vehicle Safety Alliance (CVSA). The highway patrol is authorized to establish reasonable fees to cover the costs of training and certification. Beginning July 1, 2007, no law enforcement officer may make an arrest, issue a citation or conduct a commercial motor vehicle roadside inspection to determine compliance with the provisions of Sections 304.170 to 304.230 unless the law enforcement officer has satisfactorily completed a basic training course developed by CVSA and has been certified by the Highway Patrol (section 304.232).

COMMERCIAL VEHICLE OFFICERS - Under this act, commercial vehicle inspectors are declared to be peace officers of the state with the full power to make arrests for commercial motor vehicle violations. Such officers must complete peace officer training and shall have until July 1, 2010 to comply with such training (section 304.230).

AFFIRMATIVE DEFENSE FOR PROCEEDING THROUGH REDLIGHT WITH A MOTORCYCLE ("DEAD RED")- This act provides that a person operating a motorcycle 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 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 (Section 304.281).

CIVIL ENFORCEMENT OF TRAFFIC AND MOTOR VEHICLE VIOLATIONS - This act allows for the civil enforcement of certain traffic and motor vehicle violations. The act in large part converts various minor traffic and motor vehicle violations from low-grade misdemeanors to infractions. These provisions are contained in SB 1143 (2006).

SALVAGE VEHICLE - Under the current law, the definition of salvage vehicle includes a motor vehicle that has been damaged to the extent that the cost of repairs to rebuild it exceeds 75% of the fair market value of the vehicle. This act changes the damage threshold from 75% to 80%. In addition, this act restricts the 80% damage threshold to vehicles which have a manufacturer's model year designation of or later than the year in which the vehicle was damaged or any of the three preceding years. The act also provides that the total cost of repairs to rebuild a vehicle shall not include the cost of repairing hail damage (Section 301.010).

DISABLED PLACARDS - This act removes the $4 fee charged for the permanent removable windshield disabled parking placard. The $4 fee for a temporary replacement windshield placard remains intact. The act also requires the placard to be renewed every four years rather than two years (Section 301.140).

RECREATIONAL VEHICLE PROMOTERS - The act allows out-of-state show promoters of recreational vehicles to hold shows or exhibits within Missouri if the following conditions exist:

1) The show has at least 10 recreational vehicle dealers licensed as motor vehicle dealers in this state; and

2) More than 50% of the participating recreational vehicle dealers are motor vehicle dealers in Missouri (section 301.569).

ELECTRONIC BIDDING - Under this act, the Highways and Transportation Commission is authorized to receive bids and bid bonds for any contract for construction, maintenance, repair, or improvement of any bridge or highway on the state highway system electronically via the Internet. At its discretion, the commission may elect to receive both electronic and paper bids, or the commission may specify electronic bidding exclusively for any proposed contract. The act establishes minimum criteria for the electronic bidding program. This provision of the act is similar to SB 908 (2006) (Section 227.102).

LICENSE PLATE COVERS - This act provides that license plates may be encased in transparent covers so long as the plates are plainly visible and their reflective qualities are not impaired. This provision is identical to SB 752 (2006)(Section 301.130).

SCHOOL BUS CHILDREN - This act enhances the penalties for those who fail to stop for school buses that are loading or unloading children. Under the act, any person who fails to properly yield or stop for a school bus and it results in the injury of any child shall be guilty of a Class D felony. Any person who fails to properly yield for a school bus where such violation causes the death of any child shall be guilty of a Class C felony. This provision is identical to SB 1079 (2006)(Section 304.070).

WATERS OF THIS STATE - This act modifies the definition of the term “waters of this state” for the purposes of Water Patrol jurisdiction. The term now includes any waters or waterways within Missouri and lakes constructed, maintained, managed or overseen by the U.S. Army Corps of Engineers (section 306. 010).

MOTOR VEHICLE SERVICE CONTRACTS AND PRODUCT SERVICE AGREEMENTS - The act modifies the laws regarding motor vehicle service contracts and product service agreements. The act places the existing provisions relating to motor vehicle extended service contracts into a new chapter (chapter 407 to chapter 385)(sections 385.200 to 385.212).

VEHICLE PROTECTION PRODUCT ACT - This act prohibits a person from selling or offering for sale a vehicle protection product in Missouri unless sellers, warrantors, and administrators comply with certain provisions, to wit, solvency requirements, consumer notification and disclosure requirements and warranty reimbursement policy requirements. The vehicle protection product act provisions have an effective date of January 1, 2007 and are identical to the provisions found in SB 1058 (2006)(sections 385.400 to 385.436).

BAC OR CHEMICAL TESTS (ALAN WOODS LAW)- Under this act, a person involved in a motor vehicle accident that results in serious physical injury is deemed to have given consent to chemical tests of the person’s blood, breath, saliva or urine to determine alcohol or drug content. The act also modifies the type of information that must be provided to the person subjected to the chemical test. Under the act, the person shall receive information regarding the type of test administered and the procedure followed, the time of the collection of blood, breath or urine, the numerical results of the test indicating the blood alcohol content, the type and status of any permit held by the person performing the test, and the date of performance of the most recent maintenance of the breath testing instrument. Full information regarding the test does not include manuals, schematics or software of the instrument used to test the person or other material not in possession of the state. Law enforcement officers are directed to conduct chemical tests to motorists suspected of driving a motor vehicle involved in a collision which resulted in a fatality or serious physical injury (section 577.020 and section 577.021).

ALCOHOL-RELATED DRIVING OFFENSES -EXPUNGED FROM RECORDS- The act provides that upon the granting of an order of expungement, all official records maintained by the Department of Revenue of any suspension or revocation of driving privileges related to an alcohol-related driving offense shall be expunged (section 577.054).

REVOCATION OF MOTOR CARRIER REGISTRATIONS - This act allows the state Highway Commission to suspend, revoke or cancel the registration, license, permit or other credential issued to a motor carrier if a federal agency or the commission has issued an out-of-service order against the motor carrier. The law is applicable to out-of-service orders placing a motor carrier's entire operation out of service but does not apply to out-of-service orders placing an individual driver or vehicle out of service. If the commission issues an order under this act, the motor carrier shall not operate any commercial motor vehicles and shall not allow any employees to operate any commercial motor vehicles in intrastate or interstate commerce. After the commission has issued an order, the motor carrier shall surrender all license plates, motor carrier licenses, registrations, permits, and other credentials. After the commission has issued an order, the out-of-state motor carrier shall not be eligible to apply for the issuance or reinstatement of any license, registration, permit, certificate or other credential until the out-of-service order has been rescinded or the orders have been set aside by a court of proper jurisdiction. The act provides that any federal or state order shall be admissible in administrative and court proceedings and that such orders shall constitute prima facie evidence that the motor carrier violated federal regulations or that the motor carrier's operation of commercial motor vehicles poses an imminent hazard (Section 622.560). This section is contained in SB 761 (2006).