Transportation Law

CCS SS SCS HCS HB 430 – Transportation Includes numerous changes in laws regarding transportation. 

JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT (Section 21.795, RSMo) CHANGES PROVISIONS RELATING TO THE COMPOSITION OF THE COMMITTEE REIMBURSEMENTS TO BI-STATE DEVELOPMENT AGENCY (Section 70.441)

A person who is convicted, pleads guilty, or pleads nolo contendere for failing to pay the proper fare, fee, or other charge for the use of facilities and conveyances of the Bi-State Development Agency is required to reimburse, in addition to the unpaid fare or charges and any fines, penalties, or sentences imposed by law, the reasonable costs attributable to the enforcement, investigation, and prosecution of the offense by the agency.  The court must direct the reimbursement proceeds to the appropriate agency official.

BILLBOARDS (Sections 226.540 and 226.541)

(1)  Allows local authorities to adopt regulations regarding billboard size, height, lighting, and spacing provisions that are more restrictive than state law if they allow for customary usage and comply with the intent of the provisions of Section 226.540. Local regulations cannot prohibit off-premise outdoor advertising structures on commercial or industrial property within 660 feet of federal aid primary or interstate highways;

(2)  Specifies that on the date that the Highways and Transportation Commission within the Department of Transportation approves funding for any phase or portion of construction or reconstruction, the rules in effect for outdoor advertising on August 27, 1999, must be reinstated for the section of highway scheduled for construction and an immediate moratorium be imposed on the issuance of state sign permits for new sign structures;

(3)  Allows an owner of an existing sign who meets all state requirements for outdoor advertising in effect on August 27, 1999, meets the requirements of the federal/state agreement, and voluntarily executes a partial waiver and reset agreement with the commission to reset the sign on the same or adjoining property as long as the owner obtains the necessary local approval;

(4)  Allows a sign owner 120 days from receiving a written notice that a sign will be displaced by construction to execute a partial waiver and reset agreement.  If an owner fails to execute an agreement, the commission has the right to initiate normal condemnation procedures for the compensated removal of the sign;

(5)  Allows a local zoning authority to prohibit an owner from resetting a qualifying sign that does not comply with local regulations; and

(6)  Requires all signs to be subject to the biennial inspection fees under Section 226.550.

DESIGN-BUILD CONTRACTS FOR HIGHWAY PROJECTS (Section 227.107) The authority of the Highways and Transportation Commission within the Department of Transportation to enter into design-build projects is extended from July 1, 2012, to July 1, 2018.  The commission is also authorized to enter into an additional design-build contract for the design, construction, reconstruction, or improvement of the Daniel Boone Bridge on U. S. Highway 40/61 I-64 located in the counties of St. Charles and St. Louis. 

Changes provisions relating to:

RECREATIONAL OFF-HIGHWAY VEHICLES (Section 301.010) AND COMMERCIAL MOTOR VEHICLE REGISTRATIONS (Section 301.147)

MOTOR VEHICLE DEALERS (Sections 301.225, 301.425, 301.559, 301.560, and 301.562)

(1)  Allows a representative from the Department of Revenue to inspect the premises of a person licensed or required to be licensed to operate a salvage yard;

(2)  Requires a person to surrender a certificate of ownership, a license plate or tab, or a Missouri nondriver identification card or driver’s license if a peace officer or a representative from the department has probable cause to believe that it was obtained fraudulently.  Anyone failing to surrender an item will be guilty of a class A misdemeanor;

(3)  Authorizes the department director to issue a dealer’s license valid for a period of up to two years and to stagger the license periods for administrative efficiency and equalization of workload;

(4)  Exempts certain wholesale and new motor vehicle franchise dealers from maintaining records at their licensed place of business as long as the records are maintained and available for inspection at another office site and exempts certain wholesale dealers from maintaining or posting minimum hours of operation;

(5)  Requires the department director to order an agent or employee of the department or a law enforcement officer to secure possession of a person’s license or distinctive number plates of any licensee who neglects or refuses to surrender an item which has been suspended or revoked.  Anyone not surrendering an item will be guilty of a class A misdemeanor;

(6) Specifies that certain specified events or acts by the holder of any license deemed to present a clear and present danger to the public welfare will be cause for the suspension or revocation of a license; and

Specifies the administrative procedure and notice requirements for the suspension or revocation of a license.

SPECIAL LICENSE PLATES (Sections 301.3084 and 301.4036) Authorizes special license plates for Breast Cancer Awareness; the National Wild Turkey Federation and The National Rifle Association.

ENDANGERMENT OF EMERGENCY RESPONDERS (Sections 302.302, 304.890, 304.892, and 304.894) Specifies that a person commits the crime of endangerment of an emergency responder if, while in an active emergency zone, as defined in the bill, the person:

(1)  Exceeds the posted speed limit by 15 miles per hour or more;

(2)  Commits a passing violation;

(3)  Fails to stop for an active emergency zone flagman or emergency responder or fails to obey erected traffic control devices or personnel in the active emergency zone;

(4)  Drives through or around an active emergency zone by using any lane not clearly designated for that purpose;

(5)  Physically assaults, attempts to assault, or threatens to assault an emergency responder with a vehicle or other item;

(6)  Intentionally strikes, moves, or alters barrels, barriers, signs, or other devices erected to control the flow of traffic for any reason other than to avoid an obstacle, an emergency, or to protect the health and safety of any person; or

(7)  Commits certain specified traffic offenses for which points may be assessed against a person’s driver’s license.

Any person who commits the crime of endangerment of an emergency personnel or emergency responder will be subject to a fine of up to $1,000 and have four points assessed against his or her driver’s license in addition to any other penalty authorized by law.  If the offense results in the injury or death of an emergency responder or emergency personnel, the person will be guilty of aggravated endangerment of an emergency responder and will be assessed a fine of up to $5,000 for an injury and $10,000 for a death with 12 points assessed against the person’s driver’s license.

Requires a court to assess a fine of $35 in addition to any other authorized fine to a person who is convicted of or who pled guilty to a first offense for a moving violation if the offense occurred within an active emergency zone.  For a subsequent conviction or plea of guilty, the court must assess a $75 fine in addition to any other authorized fine.  Upon the first conviction or plea of guilty by any person for a speeding or a passing violation, the court must assess a fine of $250 in addition to any other authorized fine if the offense occurred within an active emergency zone and at the time the speeding or passing violation occurred there were emergency responders in the zone.  For a subsequent conviction or plea, the court must assess a fine of $300 in addition to any other fine authorized by law. Any driver passing another motor vehicle within an active emergency zone will be guilty of a class C misdemeanor.  No person can be assessed an additional fine if the area is not visibly marked by emergency personnel.

LIMITED DRIVING PRIVILEGES (Section 302.309) Removes the provisions allowing the issuance of limited driving privileges for the purpose of seeking medical treatment or for any other circumstance that the court or department director finds would create an undue hardship if not allowed but specifies that it can be used for driving to or from the person’s place of employment.

Changes provisions relating to:

COMMERCIAL DRIVER’S LICENSES (Sections 302.341, 302.700, and 302.768)

MUNICIPAL STREETS (Sections 304.120 and 537.293) A municipality is required to allow at least one street, with lawful traffic movement and access from both directions, to be available for use by a commercial vehicle to access any road in the state highway system.  The bill specifies that the legal use of a vehicle on a public street or highway cannot constitute a public or private nuisance and cannot be the basis of a civil action for a public or private nuisance.

VEHICLES HAULING LIVESTOCK OR AGRICULTURAL PRODUCTS (Section 304.180)

RELOCATION OF MANUFACTURED HOMES (Section 304.200)

HOUSEHOLD GOODS MOTOR CARRIER REGULATIONS (Sections 387.040, 387.050, 387.080, 387.110, 387.137, 387.139, 387.207, 387.355, 390.051, 390.054, 390.061, 390.116, and 390.280)

LAND RECLAMATION (Section 444.771) The Department of Natural Resources and the Land Reclamation Commission in the department are prohibited from issuing a surface mining or a water or air quality permit to any person whose mine plan boundary is within 1,000 feet of any property where an accredited school has been located for at least five years prior to the permit application.  This provision does not apply to a request for an expansion to an existing mine or to any underground mining operation.

INTOXICATION-RELATED TRAFFIC OFFENSES (Section 577.023)  Currently, prior and persistent offenders are allowed to participate in and successfully complete a program established by a DWI court to other court-ordered treatment program in lieu of imprisonment or community service.  In order to comply with federal law, the substitute require a prior or persistent offender to perform a specified amount of community service along with completing a DWI court-ordered or other court-ordered treatment program.

The provisions regarding motor vehicle registrations become effective date July 1, 2012; and certain provisions regarding commercial driver’s licenses become effective on the date the Director of the Department of Revenue begins accepting medical certifications or May 1, 2013, whichever occurs first. (Vetoed 7/8/11)

HB 484 – Missouri State Transit Assistant Program Establishes the Missouri State Transit Assistance Program to be administered by the Department of Transportation to provide state financial assistance to defray the operating and capital costs incurred by public mass transportation service providers. (Vetoed 7/8/11)

CCS HCS SB 173 – Transportation and infrastructure Changes the laws regarding transportation and infrastructure.  In its main provisions, the bill:

(1)  Requires the Joint Committee on Missouri’s Promise to develop long-term strategies and plans for investing in and maintaining a modern infrastructure and transportation system and identifying potential sources of revenue to sustain these efforts;

(2)  Establishes the Missouri State Transit Assistance Program to be administered by the Department of Transportation to provide state financial assistance to defray the operating and capital costs incurred by public mass transportation service providers;

(3)  Extends the Highways and Transportation Commission’s authority to enter into design-build projects from July 1, 2012, to July 1, 2018.  The commission is also authorized to enter into an additional design-build contract for the design, construction, reconstruction, or improvement of the Daniel Boone Bridge on U. S. Highway 40/61 I-64 located in the counties of St. Charles and St. Louis;

(4) Designates various memorial highways;

(5)  Changes the laws regarding the Missouri Transportation Development District Act;
(a)  Adding a public mass transportation system to the list of eligible projects;
(b)  Allow the operation of a street car or other rail-based or fixed guideway public mass transportation system to the list of eligible projects for a transportation development district located in the City of Kansas City;
(c)  Specify that a district formed for a public mass transportation system project will not have to submit the proposed project to the Highways and Transportation Commission within the Department of Transportation for its prior approval; and
(d)  Specifying that the sales tax imposed by a district whose project is a public mass transportation system will not be considered economic activity taxes as it relates to tax increment financing laws and the tax revenues are not subject to allocation under the tax increment financing laws;

(6)  Authorizes the Metropolitan St. Louis Sewer District to enter into a design-build contract for a construction project exceeding $1 million;

(7)  Extends, from December 31, 2011, to December 31, 2014, the provisions requiring the Highways and Transportation Commission to be a notification center participant regarding excavation involving underground facilities and removes the provision requiring the notification center to ask excavators, as part of the process to request the locating and marking of underground facilities, to identify whether or not the proposed excavation will be on a public right-of-way or easement dedicated to public use for vehicular traffic. (Signed 7/7/11)