HCS#2/SB 357 - This act modifies several provisions of law relating to transportation.TRANSPORTATION INSPECTOR GENERAL - This act eliminates the position of the Transportation Inspector General contained within the Joint Committee on Transportation Oversight. These provisions are contained in SB 31 (2009)(Sections 226.030 and 21.795).
TRANSPORTATION COMMISSION LEADERSHIP - Under this act, the chair and vice chair of the commission are given the option to rotate positions. The current law requires the vice chair to assume the position of chair when the one year term of the chair expires (Section 226.030). This provision is also contained in SB 343 (2009).
REVISION OF THE SPECIAL LICENSE PLATE PROCEDURE - Under the proposed act, the Joint Committee on Transportation Oversight's role in approving special license plates is modified (Section 21.795). In lieu of receiving unanimous approval by the Joint Committee on Transportation Oversight for a special license plate application, only a majority vote from the committee is required. In addition, the committee shall approve a special license plate application unless the committee receives a signed petition signed by 5 House members or 5 Senators stating the reason for their opposition. The committee may disapprove a special license plate application if the proposed plate contains objectionable language or design or if the organization seeking the special license plate has not complied with the special license plate statute or accompanying rules (Sections 21.795).
DIESEL FUEL DEFINITION - This act modifies the definition of diesel fuel for the purposes of the motor fuel tax law to exclude biodiesel commonly referred to as B100 until such biodiesel is blended with other diesel fuel or sold for highway use (Section 142.800).
TRANSPORTATION PROJECTS TO CONSIDER PEDESTRIANS, BICYCLISTS, ETC. - This act requires the Department of Transportation's plans, programs, and projects to provide full consideration for the safety and contiguous routes for bicyclists, pedestrians, disabled persons, and transit users of all ages and abilities. Bicycle and pedestrian ways must be given full consideration in the planning and development of transportation facilities by the department, including their incorporation into state plans and programs (Section 226.222).
MODOT ANTI-LOBBYING - Under this act, no funds appropriated to or received by the Missouri Department of Transportation shall be available for any activity specifically designed to urge a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any legislative body. The provisions of the act do not prohibit officers or employees of the Missouri Department of Transportation from testifying before any legislative body in response to the invitation of any member of that legislative body or a state executive office (Section 226.227).
DAVID'S LAW - Under this act, the Department of Transportation shall establish and administer a drunk driving risk reduction awareness program. This act shall be known as "David's Law." The signs shall be placed at or near the scene of the accident. Under the act, signs shall be attached to an existing highway sign, street light, or guard rail. The signs shall be placed upon the state highways in accordance with placement guidelines adopted by the department, and any applicable federal limitations or conditions on highway signage, including location and spacing. The department shall adopt, by rules and regulations, program guidelines for the application for and placement of signs authorized by this section, including, but not limited to, the sign application and qualification process, the procedure for the dedication of signs, and procedures for the replacement or restoration of any signs that are damaged or stolen. Any person may apply to the Department of Transportation to sponsor a drunk driving victim memorial sign in memory of an immediate family member who died as a result of a motor vehicle accident caused by a person who was shown to have been operating a motor vehicle in violation of an alcohol-related traffic law at the time of the accident. Upon the request of an immediate family member of the deceased victim involved in a drunk driving accident, the department shall place a sign in accordance with the provisions of the act. A person who is not a member of the victim's immediate family may also submit a request to have a sign placed under this section if that person also submits the written consent of a victim's immediate family member. The department shall charge the sponsoring party a fee to cover the department's cost in designing, constructing, placing, and maintaining the sign. Signs erected under the act shall remain in place for a period of ten years. After such date, the signs may be renewed for another 10 years after payment of appropriate maintenance fees. The signs developed by the department shall resemble a Missouri license plate and shall feature the words "Drunk Driving Victim!", the initials of the deceased victim, and the month and year in which the victim of the drunk driving accident was killed. Under the act, all private roadside memorials or markers commemorating the death of a drunk driving victim are prohibited. No person, other than a Department of Transportation employee or the department's designee, may erect a drunk driving victim memorial sign. These provisions may be found in SB 93 (2009)(Section 227.295).
VETERANS MEMORIAL HIGHWAY - This act designates a portion of Missouri Highway 100 in Franklin County as the "Veterans Memorial Highway" (Section 227.310).
VETERANS MEMORIAL HIGHWAY - This act designates a portion of Poplar Bluff Bypass in Butler County as the "Veterans Memorial Highway" (Section 227.311).
MARTIN LUTHER KING JR MEMORIAL MILE - This act designates a portion of Missouri Highway 266 in Green County as Dr. Martin Luther King Jr. Memorial Mile (Section 227.313).
JAMES FINLEY MEMORIAL BRIDGE - This act designates a bridge in Laclede County as the "Specialist James M. Finley Memorial Bridge" (Section 227.368). This section is also contained in SB 84 and SCS/HB 91 (2009).
WWII OKINAWA VETERANS MEMORIAL BRIDGE - This act designates the bridge over the Gasconade River on State Highway 17 in Pulaski County as the "WWII Okinawa Veterans Memorial Bridge" (Section 227.402). This section is also contained in SB 58 and SCS/HB 91 (2009).
LAMAR HUNT MEMORIAL HIGHWAY - This act designates a portion of Interstate 435 as the "Lamar Hunt Memorial Highway." This provision can be found in SB 58, SCS/HB 91 and HB 358 (2009)(Section 227.407).
JACK BUCK MEMORIAL HIGHWAY - This act designates a portion of I-64/US 40 as the "Jack Buck Memorial Highway" (Section 227.409).
RABBI ABRAHAM JOSHUA HESCHEL MEMORIAL HIGHWAY - This act designates a portion of U.S. highway 160 in Greene County as the "Rabbi Abraham Joshua Heschel Memorial Highway" (Section 227.410).
TYLER CASEY MEMORIAL HIGHWAY - This act designates a portion of Missouri Highway 43 in Newton County as the “Tyler Casey Memorial Highway” (section 227.412).
ATVs AND RECREATIONAL OFF-HIGHWAY VEHICLES - This act modifies the definition of all-terrain vehicles by increasing the vehicle's unladen dry weight from 1,000 pounds to 1,500 pounds. The definition is also modified by stating that an ATV is a vehicle with four or more nonhighway tires (current law uses the term low pressure tires). The act also provides a definition for the term "recreational off-highway vehicle" for purposes of Missouri's titling and registration laws. Under the act, a recreational off-highway vehicle is any motorized vehicle manufactured and used exclusively for off-highway use which is 60 inches or less in width, with an unladen dry weight of 1,500 pounds or less, traveling on four or more nonhighway tires, with a nonstraddle seat, and steering wheel, which may have access to ATV trails. A similar provision can be found in SB 525 (2009) (Section 301.010).
TRAILER DEALERS - This act exempts trailer dealers from furnishing a copy of dealer garage policy when applying for a dealer license (section 301.560).
SPECIAL LICENSE PLATE ISSUANCE - Under this act, the Department of Revenue does not have to issue an authorized special license plate unless it has received 200 applications for such plate. Beginning January 1, 2011, if the total numbers of special plates issued falls below 200, the department will no longer have to accept applications for the plate (Section 301.2998).
BRAIN TUMOR AWARENESS PLATES - This act authorizes the issuance of Brain Tumor Awareness Organization special license plates (section 301.165). This provision can be found in SB 134 (2009).
SALVAGE VEHICLES - This act allows person who are residents of the United States to attend salvage pool sales or salvage disposal sales. Under current law, only certain licensed salvage operators are allowed to attend such sales.
Under current law, when a person who is not a resident of the United States buys a nonrepairable motor vehicle or a salvage motor vehicle, the seller must stamp the words "FOR EXPORT ONLY" on the face of the title and in each unused reassignment space on the back of the title and forward it to the Department of Revenue. This act specifies that it is the operator of the salvage pool or salvage disposal sale or the subsequent purchaser who is required to fulfill these duties (Section 301.218). This provision is contained in HB 644 (2009).
The act provides that a Missouri resident not holding a current salvage or dealers license may only purchase up to 3 vehicles for rebuilding or repairing purposes in any calendar year at salvage pools or salvage disposal sales in this state. No person described in this subsection shall purchase a vehicle with a junking certificate at a salvage pool or salvage disposal sale. In order to purchase a vehicle at a salvage pool or salvage disposal sale in this state, an unlicensed person may only purchase a vehicle at a salvage pool or salvage disposal sale if such person possesses a voucher or certificate issued by the department of revenue that certifies that the holder of such certificate is authorized to purchase a vehicle at such sales. The director of the Department of Revenue shall establish a system, no later than January 1, 2010, that allows unlicensed persons to obtain three vouchers or certificates annually. Such vouchers or certificates shall be designed in a manner to allow the director of revenue to keep track of each vehicle purchased by a unlicensed Missouri resident. The Department of Revenue may charge a fee for the issuance of such vouchers or certificates and such fee shall not exceed the costs associated with the issuance of the vouchers or certificates, the processing of such vouchers or certificates, and the administration of such system. The act also provides that any person who purchases a vehicle in violation of this subsection or who knowingly or intentionally produces, manufactures, sells, or otherwise uses a fraudulent document intended to serve as a voucher or certificate in order to purchase vehicles at salvage pool or salvage disposal sales in this state is guilty of a Class B misdemeanor. These provisions are contained in SCS/SB 177 (section 301.218).
ARMED FORCES EXPEDITIONARY MEDAL PLATE - This act also allows persons who have been awarded the Armed Forces Expeditionary Medal to receive a special license plate inscribed with the words "expeditionary service" and bearing a reproduction of the Armed Forces Expeditionary Medal. This provision was contained in SB 134 (2009) and SB 856 (2008)(Section 301.3155).
MISSOURI BICYCLE FEDERATION SPECIALTY LICENSE PLATES -This act allows persons to receive Missouri Bicycle Federation special license plates (Section 301.4005).
NIXA EDUCATION FOUNDATION SPECIAL LICENSE PLATES - This act allows persons to receive Nixa education foundation special license plates (Section 301.4006).
NATIONAL WILD TURKEY FEDERATION SPECIAL LICENSE PLATES - This act allows members of the National Wild Turkey Federation to receive National Wild Turkey Federation special license plates (Section 301.4010).
MISSOURI STREAM TEAM SPECIAL LICENSE PLATES - This act allows members of the Missouri stream team watershed coalition to receive special license plates bearing their organization’s name and insignia (Section 301.4016).
DARE SPECIAL LICENSE PLATES - This act allows persons to receive Missouri State Drug Abuse Resistance Education (D.A.R.E.) special license plates (Section 301.4018).
UNITED STATES SUBMARINE VETERAN SPECIAL LICENSE PLATES - This act allows members of the United States Submarine Veterans Incorporation to receive special license plates bearing the words "United States Submarine Veteran" (Section 301.4020).
REVISION OF MACKS CREEK LAW - Under this act, if a city receives more than 35% of its annual general operating revenue from traffic fines and court costs for traffic violations occurring on state highways, all revenues in excess of the 35% threshold must be sent to the Department of Revenue to be distributed to the state school system. The current law allows cities to retain 45% of its revenues from such traffic fines. The act requires the director of the department of revenue to establish a procedure whereby the excess revenues are sent to the department. If a city disputes an excess revenue determination, the city may submit to annual audit by the state auditor (Section 302.341).
FRAUDULENT INSURANCE CARDS - Under this act, any person who intentionally produces, manufactures, sells, or otherwise distributes a fraudulent document intended to serve as an insurance identification card is guilty of a class A misdemeanor. The act further provides that any person who knowingly or intentionally possesses a fraudulent document intended to serve as an insurance identification card is guilty of a Class B misdemeanor. This provision is similar to one contained in SB 16 (2009)(Section 303.024).
TOWING BY LAW ENFORCEMENT - Under current law, property is deemed abandoned when it has been on the right-of-way of any highway or freeway in an urbanized area for 10 hours, but property on the right-of-way on any highway or freeway outside of an urbanized area is not abandoned until it has been on the right-of-way for 48 hours. This act amends the current law so that a law enforcement officer may authorize a towing company to remove property left unattended for 12 hours on the right-of-way on any highway or freeway outside of an urbanized area. This act authorizes law enforcement officers to tow abandoned vehicles abandoned by persons who elude arrest for offenses the officer would have taken the offender into custody. The act also authorizes law enforcement officers to immediately remove abandoned property from the right of way of any interstate highway, freeway, or state highway if the abandoned property is creating a traffic hazard. Currently, this provision of law only authorizes the department of transportation to immediately remove the hazard from a state highway (Section 304.155). This provision is similar to one contained in SCS/SB 88 (2009).
STORAGE CHARGES - Under this act, storage charges for any towed vehicle shall not exceed $25 (section 304.161).
TRACTOR PARADES - This act exempts tractors used in tractor parades from certain width, length, height, and license plate display regulations provided the tractors are driven by licensed drivers during daylight hours only and with the approval of the superintendent of the Missouri State Highway Patrol (Sections 304.170 and 304.260). These provisions are contained in SB 293 (2009).
DEAD RED - This act provides that a person operating a motorcycle or bicycle 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 or bicycle 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. This provision is contained in SB 368 (2009). A similar provision was contained in SB 614 (2007) and SCS/SB 969 (2006). This provision is also contained in SS/SCS/SB 239 et al (2007)(Section 304.285).
RED LIGHT CAMERAS - This act enacts provisions regulating the use and operation of automated photo red light enforcement systems. Under the terms of the act, all automated photo red light enforcement systems shall be registered with the Missouri department of transportation prior to installation. The department shall collect a one-time registration fee of $500 per red light camera and all registration fees collected shall be deposited in a special fund known as the "Red Light Enforcement Fund". Under the act, no agency shall use an automated photo red light enforcement system unless the system is capable of producing at least two high-resolution color digital recorded images that show:
(1) The traffic control signal while it is emitting a steady red signal;
(2) The offending vehicle; and
(3) The rear license plate of the offending vehicle.
An automated photo red light enforcement system shall not be used unless the traffic signal is emitting a steady yellow light signal for a minimum of four seconds. An automated photo red light enforcement system shall not be used for the purpose of enforcing right turn violations. An automated photo red light enforcement system shall utilize a video recording component which shall record the local time at which the two violation images were captured, as well as at least 5 seconds before and at least 5 seconds after the violation event. An agency that establishes an automated photo red light enforcement system may enter into agreements for the purpose of compensating a private vendor to perform operational and administrative tasks associated with the use of such system. The violation notice, however, shall not be issued by a private vendor. Any compensation paid to a private vendor shall not be derived from fines received for violations nor shall compensation be based upon the number of violations mailed, the number of citations issued, the number of violations paid, or the amount of revenue collected by the agency. The compensation paid to a private vendor shall be based upon the value of the equipment and the services provided or rendered in support of the system.
Before a notice violation may be issued, all violation images produced by a system shall be reviewed and approved by a law or code enforcement officer employed by the agency in which the alleged violation occurred. Such review and acceptance shall be based on a full review of the images that clearly identify the vehicle and demonstrate a violation. The act sets forth what the notice violation must contain. The notice must contain the name and address of the owner of the vehicle; the registration number of the motor vehicle involved in the violation; a copy of 2 recorded images and a zoomed and cropped image of the vehicle license plate which was extracted from one of the two images; and other information advising the registered owner of the manner, time, and place in which liability as alleged in the notice of violation may be contested.
Under the terms of the act, a penalty imposed for a violation detected pursuant to an automated photo red light enforcement system shall not be deemed a moving violation and shall not be made a part of the operating record of the person upon whom such liability is imposed, nor shall such imposition of a penalty be subject to a merit rating for insurance purposes and no surcharge points shall be imposed in the provision of motor vehicle insurance coverage. Points shall not be assessed for violations detected by automated photo red light enforcement systems.
Under the act, a law enforcement office employee must review the photographic or video evidence from an automated photo red light enforcement system and make a determination as to whether a violation has occurred. If a determination is made that a violation has occurred, a notice of violation or a citation shall be sent by first class mail to the registered owner of the vehicle that was captured by the automated photo red light enforcement system.
Under the act, a fine collected by the agency issuing the violation shall not exceed $75.
For each automated photo red light enforcement system that is installed at an intersection, during the first 30 days the system is monitoring an intersection, the agency shall issue only warning notices and shall not issue any ticket or citation for any violation detected by the system.
Under the act, the use of photo radar systems to enforce speeding violations is prohibited.
Photographic and other recorded evidence obtained through the use of automated photo red light enforcement devices shall be maintained according to law and shall be maintained by the appropriate agency for a period of at least 3 years. Such photographic and other recorded evidence obtained through the use of an automated photo red light enforcement system shall be confidential and shall not be deemed a "public record" under section the Sunshine Law.
The automated photo red light enforcement system provisions shall not apply to any automated photo red light enforcement system in place prior to August 28, 2009, until the end of the primary term of such contract and any extension thereto (Sections 304.287 to 304.297).
HIGHWAY WORK ZONES - This act provides that no person shall be cited for an enhanced highway work zone penalty when no highway workers are located or working within the construction zone or work zone at the time the alleged violation occurred (Section 304.582).
TRAILER SAFETY - This act prohibits any person from climbing, standing, or working on top of any trailer or semitrailer stopped along any highway unless proper safety precautions are taken. Any person violating this provision will be guilty of an infraction punishable by a fine of between $50 and $100 (Section 304.870).
FILED RATE DOCTRINE REPEALED FOR HOUSEHOLD GOODS MOVERS IN COMMERCIAL ZONES - Under this act, motor carriers are not required to file its schedules of rates, fares and charges for shipments of household goods that are transported wholly within a commercial zone (Section 387.040).
CONTRACT CARRIERS - This act applies to contract carriers that transport railroad employees under the terms of a contractual agreement with a railroad corporation on a road or highway of this state in a vehicle designed to carry 8 or fewer passengers, including the driver. The act requires a contract carrier to limit the hours of service by a driver to 16 hours of on-duty time within any 24-hour period . The act requires a contract carrier to make a concerted effort to provide a rest period of at least eight consecutive hours off duty to a driver who has 16 hours of total on-duty time within any 24-hour period. The act requires driver records to be kept for at least six months indicating the time all for-hire motor carrier drivers report for duty and the time of relief for each tour of duty. All records must be made available to the Director of the Department of Transportation for inspection (Section 389.948).
ASSAULT OF HIGHWAY WORKERS AND CORRECTION OFFICERS - The crime of assault of a law enforcement officer, emergency personnel, or probation and parole officer in the first, second, and third degree is expanded to include highway workers in construction or work zones and correction officers (Sections 565.081 - 565.083)
CONVEYANCE OF PROPERTY FOR MISSISSIPPI RIVER BRIDGE - This act authorizes the Governor to convey a parcel of real property, which is being currently used by the Department of Corrections as a minimum security correctional facility, to the Missouri Highways and Transportation Commission for the new Mississippi River Bridge project. This provision is contained in SB 179 (2009)(Sections 1 to 5).
EXPUNGEMENT OF RECORDS OF CDL HOLDERS - This act prohibits the expungement of a minor in possession (MIP) 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 if a person is found guilty with a BAC of .04 or greater and is holding a commercial driver's license at the time of the offense (Section 302.545). This provision is also contained in SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).
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). This provision is also contained in SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).
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). This provision was contained in SS/SCS/SB 761 and 774 (2008) and SS/SCS/SB 239 et al (2007).
FARMER CDL EXEMPTION - This act clarifies the CDL exemption for persons driving farm vehicles. In order to qualify for the exemption, the farm vehicle must be controlled by a farmer or family member, be used to transport agricultural products, machinery, or supplies to or from a farm, not be used in the operations of a common or contract carrier, and be used within 150 miles of the farmer's farm (Section 302.775). This provision was contained in SS/SCS/SB 761.
HAZARDOUS MATERIAL ENDORSEMENT REVOCATION - This act requires the state to immediately revoke a hazardous material endorsement upon receipt of an Initial Determination of Threat Assessment and Immediate Revocation from the Transportation Security Administration. The state must revoke or deny a hazardous material indorsement within 15 days of receipt of a final determination (Section 302.735).
HAZARDOUS MATERIAL DEFINITION - This act modifies the definition of hazardous materials to correspond with federal law and regulations (Section 302.700).
DRIVING WHILE OUT OF SERVICE - This act provides that any person convicted for driving while out of service shall be disqualified from driving a commercial motor vehicle in a manner prescribed by the federal regulations (Section 302.755).
ALCOHOL-RELATED ENFORCEMENT CONTACT - Under this act, a person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted for the 1st violation of an alcohol-related enforcement contact (Section 302.755).
MOTOR VEHICLE VIOLATIONS - This act modifies numerous penalties for violations of motor vehicle licensing, registration, and equipment statutes. The act makes certain motor vehicle registration violations punishable as infractions rather than various classes of misdemeanors. These provisions can be found in SB 342 (2009), SB 101 (2007), HCS/SS/SCS/SBs 239, 24 & 445 ( 2007), and SB 1143 (2006).
This act changes the penalty for violating Missouri's historic motor vehicle 1,000 mile personal use limitation from a Class C misdemeanor to a violation punishable by a fine of not less than five dollars or more than five hundred dollars (Section 301.131).
The act changes the penalty for fastening voided plates to a motor vehicle from a Class C misdemeanor to a violation punishable by a fine of not less than five dollars or more than five hundred dollars (Section 301.150).
The penalty for failing to surrender a mutilated or worn plate for which a duplicate has been issued is changed from a misdemeanor to a violation punishable by a fine of not less than five dollars or more than five hundred dollars (Section 301.310).
The act provides that the penalty for knowingly making a false statement in the application for the registration of a motor vehicle is a Class C misdemeanor (Section 301.420).
The act removes the imposition of a jail sentence for various motor vehicle registration violations in which no specific statutory penalty is provided and provides that such violations shall be punishable by a fine of not be less than $5 nor more than $500. The current law provides that certain motor vehicle registration violations are punishable by imprisonment in the county jail for a term not exceeding one year or by a fine of not less than $5 or more than $500, or by both (Section 301.440).
Under the act, violations of Missouri's ATV titling and registration laws are punishable as infractions (Section 301.716). Under the act, failure to secure truck load violations are punished as infractions rather than Class C misdemeanors (Section 307.010). Under the act, the punishment for a mud flap violation is changed from a Class B misdemeanor to an infraction (Section 307.015).
Under the act, the punishment for a spotlamp violation is changed from a Class C misdemeanor to an infraction (Section 307.090). The act further provides that violations of certain motor vehicle lighting regulations shall be punishable as infractions rather than misdemeanors (Section 307.120). Under the act, the punishment for improperly lighting or marking an animal-driven vehicle is changed from a Class C misdemeanor to an infraction (Section 307.125).
Under the act, the punishment for certain motor vehicle safety glass violations is changed from a Class C misdemeanor to an infraction (Section 307.155). Under the act, the punishment for altering the front or rear of a motor vehicle or operating a motor vehicle without proper bumpers is changed from a Class C misdemeanor to an infraction (Section 307.172). Under the act, the punishment for a window tinting violation is changed from a Class C misdemeanor to an infraction (Section 307.173). Under the act, the punishment for operating a motorized bicycle without a license or operating a motorized bicycle upon an interstate highway is changed from a Class C misdemeanor to an infraction (Section 307.195).
Under the act, the punishment for an ATV equipment violation is changed from a Class C misdemeanor to an infraction (Section 307.198). Under the act, the punishment for violating certain motor vehicle inspection station regulations is changed from a misdemeanor to a Class C misdemeanor (Section 307.365). Under the act, the punishment for school bus inspection violations is changed from a misdemeanor to a Class C misdemeanor (Section 307.375).
Under the act, the punishment for violating Missouri's motor vehicle safety inspection regulations is changed from a misdemeanor to an infraction (Section 307.390). Under the act, the punishment for violating certain commercial motor vehicle regulations is changed from a Class B misdemeanor to an infraction (Section 307.400). This act provides that for an infraction, all court costs, fees, surcharges, and other charges shall be assessed in the same manner and amount as for a misdemeanor (Section 488.006).
Under this act, an offense is an infraction if it is designated as one, or if a violation can result only in a fine, forfeiture, or other civil penalty. A determination of whether an infraction has occurred shall be made by the filing of a civil action. The action shall be filed by a person who is authorized to bring a criminal action or an action to enforce an ordinance. The action will be brought in the name of the state or the appropriate political subdivision. An infraction violation shall be proved by a preponderance of the evidence but shall not be tried by a jury. If an infraction violation is proven, judgment shall be entered for the plaintiff. This act requires any driver to stop on signal of any law enforcement officer and to obey any reasonable signals of such officer given in the course of enforcing any infraction. Any person who fails or refuses to obey any such signal or who resists an officer while enforcing any infraction, shall be guilty of a Class A misdemeanor (Section 556.021).
STEPHEN WITTE