To repeal sections 303.024, 303.025, 303.026, 303.042, 303.043, 303.140 and 303.290, RSMo 1994, relating to motor vehicle safety and responsibility, and to enact in lieu thereof eight new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 303.024, 303.025, 303.026, 303.042, 303.043, 303.140 and 303.290, RSMo 1994, are repealed and eight new sections enacted in lieu thereof to be known as sections 303.024, 303.025, 303.026, 303.042, 303.043, 303.140, 303.290 and 304.660, to read as follows:

303.024. 1. Each insurer issuing motor vehicle liability policies in this state, or an agent of the insurer, shall furnish an insurance identification card to the named insured for each motor vehicle insured by a motor vehicle liability policy that complies with the requirements of [sections 303.010 to 303.050, 303.060, 303.140, 303.220, 303.290, 303.330 and 303.370] this chapter.

2. The insurance identification card shall include all of the following information:

(1) The name and address of the insurer;

(2) The name of the named insured;

(3) The policy number;

(4) The effective dates of the policy, including month, day and year;

(5) A description of the insured motor vehicle, including year and make or at least five digits of the vehicle identification number or the word "Fleet" if the insurance policy covers five or more motor vehicles;

(6) The statement "THIS CARD MUST BE CARRIED IN THE INSURED MOTOR VEHICLE FOR PRODUCTION UPON DEMAND" prominently displayed on the card.

3. A new insurance identification card shall be issued when the insured motor vehicle is changed, when an additional motor vehicle is insured, and when a new policy number is assigned. A replacement insurance identification card shall be issued at the request of the insured in the event of loss of the original insurance identification card.

4. The director shall furnish each self-insurer, as provided for in section 303.220, an insurance identification card for each motor vehicle so insured. The insurance identification card shall include all of the following information:

(1) Name of the self-insurer;

(2) The word "self-insured";

(3) The statement "THIS CARD MUST BE CARRIED IN THE SELF-INSURED MOTOR VEHICLE FOR PRODUCTION UPON DEMAND" prominently displayed on the card.

5. An insurance identification card shall be carried in the insured motor vehicle at all times. [The operator of an insured motor vehicle shall exhibit the insurance identification card on the demand of] Any peace officer who lawfully stops [such] an operator of a motor vehicle while that officer is engaged in the performance of the duties of his office shall request that such operator present the insurance identification card to the peace officer, and such operator shall present the card immediately upon such request. If the operator fails to [exhibit] present an insurance identification card, the officer shall notify the director of revenue, in the manner determined by the director. A motor vehicle liability insurance policy, a motor vehicle liability insurance binder, or receipt which contains the policy information required in subsection 2 of this section, shall be satisfactory evidence of insurance in lieu of an insurance identification card.

303.025. 1. No owner of a motor vehicle registered in this state or required to be registered in this state shall operate the vehicle, or authorize any other person to operate the vehicle, unless the owner maintains the financial responsibility as required in this section. Furthermore, no person shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility unless such person has financial responsibility which covers his operation of the other's vehicle.

2. A motor vehicle owner shall maintain his financial responsibility in a manner provided for in section 303.160, or with a motor vehicle liability policy which conforms to the requirements of the laws of this state.

3. Nothing in sections 303.010 to 303.050, 303.060, 303.140, 303.220, 303.290, 303.330 and 303.370 shall be construed as prohibiting the division of insurance from approving or authorizing those exclusions and limitations which are contained in automobile liability insurance policies and the uninsured motorist provisions of automobile liability insurance policies.

303.026. 1. The director shall inform each owner who registers a motor vehicle of the following:

(1) The existence of the requirement that every motor vehicle owner in the state maintain his financial responsibility;

(2) The requirement that every motor vehicle owner show an insurance identification card, or a copy thereof, or other proof of financial responsibility of the time of vehicle registration; this notice shall be given at least thirty days prior to the month for renewal and shall be shown in bold, colored print;

[(2)] (3) The penalties which apply to violations of the requirement to maintain financial responsibility;

[(3)] (4) The benefits of maintaining coverages in excess of those which are required;

[(4)] (5) The director's authority to conduct samples of Missouri motor vehicle owners to insure compliance.

2. No motor vehicle owner shall be issued registration for a vehicle unless the owner, or his authorized agent, signs [a statement] an affidavit provided by the director of revenue at the time of registration of the vehicle certifying that such owner has and will maintain, during the period of registration, financial responsibility with respect to each motor vehicle that is owned, licensed or operated on the streets or highways. The affidavit shall state clearly and in bold print the following: "Any false affidavit is a crime under section 575.050 of Missouri law." In addition, every motor vehicle owner shall show proof of such financial responsibility by presenting his or her insurance identification card, as described in section 303.024, or a copy thereof, or some other proof of financial responsibility in the form prescribed by the director of revenue at the time of registration unless such owner registers his vehicle in conjunction with a reciprocity agreement entered into by the Missouri highway reciprocity commission pursuant to sections 301.271 to 301.279, RSMo.

3. The director shall annually select for financial responsibility verification, a sample of the motor vehicle registrations or licenses which is statistically significant to determine the number of insured motorists in the state of Missouri, or to insure compliance. The director may utilize a variety of sampling techniques including but not limited to the processing of uniform traffic tickets, point system warning letters, and random surveys of motor vehicle registrations.

4. Upon determination that the information provided by the owner or authorized agent is inaccurate, the director shall notify the owner of the need to provide, within thirty days, information establishing the existence of the required financial responsibility as of the date of such notice. Failure to provide such information shall result in the suspension of all registrations of the owner's motor vehicles failing to meet such requirements, as is provided in section 303.041.

303.042. 1. The suspension shall become effective thirty days after the subject person is deemed to have received the notice of suspension by certified mail as provided in section 303.041. If the request for a hearing is received by the department prior to the effective date of the suspension, the effective date of the suspension will be stayed until a final order is issued following the hearing; however, any delay in the hearing which is caused or requested by the subject person or counsel representing that person without good cause shown shall not result in a stay of the suspension during the period of delay.

2. Except as provided in subsection 3 of this section, the period of suspension under this section shall be as follows:

(1) If the person's driving record shows no prior failure to maintain the required financial responsibility as provided for in section 303.025, the period of suspension shall be sixty days after the effective date of suspension;

(2) If the person's record shows one prior suspension for failure to maintain the required financial responsibility as provided for in section 303.025, the period of suspension shall be one year after the effective date of suspension;

(3) If the person's driving record shows two or more prior suspensions for failure to maintain the required financial responsibility as provided for in section 303.025, the period of suspension shall be two years after the effective date of suspension. The director shall not reduce any period of suspension provided for in this subsection.

3. In the event such person is also subject to suspension pursuant to section 303.030 for damages or injuries arising out of a motor vehicle accident, such person's license to operate a motor vehicle shall be suspended until such person deposits security, is released from liability, is finally adjudicated not to be liable or executes an agreement providing for payment with respect to all injuries or damages resulting from the accident provided for in subsections 1 or 2 of section 303.030.

4. In the event that proof of financial responsibility has not been filed with the department of revenue in accordance with this chapter prior to the end of the period of suspension provided in subsection 2 or 3 of this section, such period of suspension shall be extended until such proof of financial responsibility has been filed. In no event shall filing proof of financial responsibility reduce any period of suspension.

303.043. Whenever a suspension is imposed under section 303.041, [the following] a reinstatement [fees] fee of twenty dollars shall be paid before the license may be reinstated. [prior to the end of the period of suspension provided in subsection 2 of section 303.042, and in the event such reinstatement fees are not paid the period of suspension shall be extended until such fees have been paid:

(1) If the person's driving record shows no prior failure to maintain the required financial responsibility as provided for in section 303.025, the reinstatement fee shall be two hundred dollars;

(2) If the person's driving record shows one prior suspension for failure to maintain the required financial responsibility as provided for in section 303.025, the reinstatement fee shall be four hundred dollars;

(3) If the person's driving record shows two or more prior suspensions for failure to maintain the required financial responsibility as provided for in section 303.025, the reinstatement fee shall be eight hundred dollars.]

303.140. [The license and registration and nonresident's operating privilege suspended as provided in section 303.030 shall remain suspended and shall not be renewed nor shall a license or registration be issued to the person until:

(1) The person deposits, or there is deposited on his behalf, the security required under section 303.030; or

(2) One year has elapsed following the date of the suspension, and no claimant has filed notice, supported by a copy of the petition bearing the court file number, that he has commenced an action in a court of record, begun not later than one year after the date of such accident, arising out of the accident on which the suspension is based; or

(3) Evidence satisfactory to the director is filed with him of a release from liability, or a final adjudication of nonliability, or a duly acknowledged written agreement, in accordance with subdivision (3) of section 303.070; but] If there is any default in the payment of any installment under any duly acknowledged written agreement, then, upon notice of the default, the director shall forthwith suspend the license and registration or nonresident's operating privilege of the person defaulting which shall not be restored unless and until:

[(a)] (1) The person deposits and thereafter maintains security as required under section 303.030 in the amount that the director then determines or files another duly acknowledged written installment agreement, or files a final adjudication of nonliability, or files a release from liability; or

[(b) One year has] (2) Five years have elapsed following the date [when the security was required] of the accident and during that period no action [upon the agreement] has been instituted in a court of this state against such person for a violation of this chapter.

303.290. 1. The director of revenue shall administer and enforce the provisions of this chapter and may make rules and regulations necessary for its administration and shall provide for hearings upon request of persons aggrieved by orders or acts of the director under the provisions of this chapter. Upon receipt of a request for an administrative hearing the director of revenue shall reach a final decision including findings of fact and conclusions of law within [ninety] one hundred and twenty days.

2. Any decision, finding or order of the director, under the provisions of this chapter shall be subject to review by appeal to the circuit court of the county of the residence of the licensee, at the instance of any party in interest, in the manner provided by chapter 536, RSMo, at any time within thirty days after notice is given the licensee of such decision, finding or order. Upon such appeal the cause shall be heard de novo and the circuit court may determine the reasonableness of the director's decision, finding or order, and in disposing of the issues before it may modify, affirm, or reverse the decision, finding or order in whole or in part. Appeals from the judgment of the circuit court may be taken as in civil cases. The prosecuting attorney of the county where such appeal is taken shall appear in behalf of the director, and prosecute or defend as the case may require.

304.660. 1. No person shall operate any truck, as defined in section 301.010, RSMo, with a gross weight of twelve thousand pounds or less on any highway of this state when any person is riding in the open area or bed of such truck. No person shall ride in the open area or bed of such truck when the truck is in operation. Any person who operates a truck with a gross weight of twelve thousand pounds or less or who rides in the open area or bed of such truck in violation of this section commits an infraction.

2. The provisions of this section shall only apply when a truck described in subsection 1 of this section is operated on a highway which is part of the state highway system or when such truck is operated within the corporate limits of any city. The provisions of this section shall not apply to:

(1) An employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the open end or bed of the truck;

(2) Any person while engaged in the transportation of any unprocessed agricultural products where it is necessary to ride in the open end or bed of the truck;

(3) Any person riding in the open end or bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by law; or

(4) Any person riding in the open area or bed of such truck if such truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck.