CCS/SCS/HB 103 - This act modifies various provisions of law relating to transportation.CAMPUS ENFORCEMENT OF MOTOR VEHICLE LAWS - This act allows the governing body of any state college or university to establish regulations to control vehicular traffic on campus. Any such regulations must be consistent with state law. The governing body of any state college or university may also enforce any such regulations and general motor vehicle laws of Missouri through college or university police officers. Any regulations adopted must be codified, printed, and distributed for public use. There must be adequate signs displaying the speed limit on thoroughfares. Violations will have the same effect as a municipal ordinance, as well as penalty provisions and points. State college or university police officers must be certified under the requirements of chapter 590 and will have the same powers as other law enforcement officers. This portion of the act is contained in the truly agreed to version of SB 282 (2013) and is substantially similar SB 296 and HB 312 (2013)(Sections 174.700, 174.703, 174.706, 174.709, 174.712 and 544.157).
COLLEGE LICENSE PLATE FIX - Under current law, only a Missouri college may authorize the use of its school's official emblem to be affixed to special license plates. The effect of this law is to ban the issuance of out-of-state college specialty license plates. This act allows any out-of-state college which has authorized the use of its official emblem to be affixed to license plates and has had its application for a specialty license plate approved by the Joint Committee on Transportation Oversight prior to August 28, 2012, to continue authorizing the use of its official emblem on the plates (Section 301.449). This portion of the act is similar to a provision contained in HB 483 (2013). This portion of the act is subject to an emergency clause. This portion of the act is also contained in the truly agreed to version of SB 51 (2013).
LAND CONVEYANCES TO HIGHWAY COMMISSION - This act allows the Governor to convey certain state properties in the counties of Taney, St. Clair, Osage, Green, Ozark, and Andrew to the State Highways and Transportation Commission. This portion of the act is identical to SCS/SB 419 (2013)(Sections 1, 2, 3, 4, 5, 6, and 7).
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, HB 771 and the truly agreed to version of SB 43 and SB 51 (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. SB 411 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).
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). A similar provision, but not identical, can also be found in the truly agreed to versions of SB 43 and SB 51. It may also be found in the perfected version of SB 411 (2013).
PERMISSIVE YELLOW-LIGHT INTERVALS - Under this act, no ordinance shall prohibit the operator of a motor vehicle from being in an intersection while a red signal is being displayed if the operator of the motor vehicle entered the intersection during a yellow signal interval. The provisions of this act shall supercede any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision that are to the contrary (Section 304.120).
OPERATION OF ALL-TERRAIN VEHICLES AND UTILITY VEHICLES ON CITY STREETS - This act allows municipalities to adopt ordinances or resolutions that allow all-terrain vehicles or utility vehicles to operate on streets and highways under their jurisdiction. Person operating all-terrain vehicles or utility vehicles pursuant to a municipal resolution or ordinance must maintain proof of insurance (Sections 304.013 and 304.032).
MACKS CREEK LAW - This act modifies the law commonly referred to as "Macks Creek Law". Under current law, if a city, town, or village receives more than 35% of its annual general operating revenue from traffic fines and court costs for traffic violations occurring on state highways within its jurisdiction, all revenues in excess of the 35% threshold must be sent to the Department of Revenue to be distributed annually to the schools of the county in the same manner other penalty proceeds are distributed. This act modifies the "Macks Creek law" by expanding its application to counties.
The act further removes the qualification that the traffic violation revenue limitation only apply to violations occurring on state highways. The act makes the revenue limitation applicable to all traffic violations occurring within the described political subdivisions regardless of highway type. The act makes the law applicable to amended charges from any traffic violation and lowers the 35% threshold to 30%. In addition, the act requires political subdivisions to include an accounting of the percent of annual general operating revenue from fines and court costs for traffic violations within the Comprehensive Annual Financial Report that it submits to the State Auditor. Any political subdivision that fails to make an accurate or timely report, or fails to send in excess revenues from traffic violations to the Department of Revenue shall lose jurisdiction on traffic-related charges until it comes into compliance with the law. This portion of the act may be found in SB 141 (2013)(Section 302.341).
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 ยง 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). This provision is also contained in SB 51 (2013).
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 51 and SB 217 (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 (Section 304.180). This provision is also contained in SB 43 (2013).
CATALYTIC CONVERTERS - Under current law, scrap dealers must keep documentation of transactions involving certain metals. This act adds catalytic converters to the types of metal requiring documentation. Records for transactions involving catalytic converters must be kept regardless of the dollar value of the scrap (section 407.300). This provision may also be found in SB 102 (2013)(HA 2).
ENDANGERMENT OF EMERGENCY WORKERS - This act increases penalties for moving violations and traffic offenses occurring within an active emergency zone. Such a zone is defined under this act as an area that is visibly marked by emergency responders on, or around, a highway, and where an active emergency or incident removal is temporarily occurring.
Any person convicted of a first moving violation or traffic offense within an active emergency zone shall be assessed a fine of $35 in addition to any other fine authorized by law. A second or subsequent offense within an active emergency zone shall be assessed a fine of $75 (Section 304.892.1).
Under this act, it is a Class C misdemeanor to pass another vehicle in an active emergency zone. Those who plead guilty to, or are convicted of, a speeding or passing violation shall be assessed a fine of $250 in addition to any other fine authorized by law. A second or subsequent speeding or passing violation shall result in a $300 fine (Section 304.892.2 and .3).
A person commits the offense of endangerment of an emergency responder if, while in an active emergency zone while emergency responders are present, the person:
(1) Exceeds the posted speed limit by 15 mph or more;
(2) Passes another vehicle;
(3) Fails to stop for a flagman, an emergency responder, or a traffic control signal in the active emergency zone;
(4) Drives through, or around, an active emergency zone via any lane that is not for motorists;
(5) Physically assaults, threatens, or attempts to assault an emergency responder with a motor vehicle or other instrument; or
(6) Intentionally strikes or moves barrels, barriers, signs or other devices for a reason other than to avoid an obstacle, emergency, or to protect the health and safety of another person.
When no injury or death results, a person who pleads guilty to, or is convicted of, endangering an emergency responder shall be subject to a fine of not more than $1,000 (Section 304.894.2).
If a death or injury results, the person commits aggravated endangerment of an emergency responder. The penalty for aggravated endangerment of an emergency responder is a fine of not more than $5,000 if a responder is injured, and not more than $10,000 if death resulted (Section 304.894.3).
The act provides for the assessment of 4 points for endangerment of an emergency responder and 12 points for aggravated endangerment of an emergency responder (Section 302.302).
If a person commits endangerment or aggravated endangerment of an emergency responder as a result of a vehicle's mechanical failure or the negligence of another person, then the person shall not be cited for, or convicted of, such offenses.
These provisions are similar to the ones contained in SB 282 (2013), SB 642 (2012), the truly agreed to version of HB 430 (2011), SCS/SB 260 (2011), HCS/SCS/SB 887 (2010), HCS/HB 1541 (2010), and HB 1693 (2010) (SA 5).
STEPHEN WITTE