HCS HB 1592 -- COMMERCIAL MOTOR VEHICLES

SPONSOR:  Crawford

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation and Motor Vehicles by a vote of 20 to 0.

This substitute allows motor carriers to elect to have voluntary
compliance audits conducted by the Highways and Transportation
Commission without incurring liability if the commission
discovers deficiencies.

The substitute contains provision regarding the Department of
Transportation's record keeping, the minimum number of voluntary
compliance audits, and the appeals process.

The substitute declares that the General Assembly has the
authority for the enforcement of state commercial vehicles laws
over any order, ordinance, or regulation by any political
subdivision of the state.  Local law enforcement officers will be
prohibited from performing commercial motor vehicle enforcement
or violations relating to width, height, length, and weight
restrictions; commercial zone requirements; and load laws.

The Superintendent of the State Highway Patrol will be required
to apply for all available federal funding which has previously
been allocated or granted to local political subdivisions for the
enforcement of commercial motor vehicle.  State agencies or
departments responsible for granting federal funding for
commercial motor vehicle enforcement must make every effort to
assist the superintendent in the receipt of these grants.

Persons who weigh goods before or after unloading or a person who
loads or unloads goods on the basis of liquid volume measure must
keep a written record of the origin, weight, and composition of
each shipment, state of loading or receipt, the name and address
of the shipper, the total number of axles of the vehicle or
combination of vehicles, and the registration number of the power
unit or some other means of identification by which the shipment
was transported.

A person may not load, or cause to be loaded, a vehicle for
operation on a public highway that exceeds the weight limitation
for operation.  A penalty for excessive weight may be imposed
based on a record of a shipment.  Penalties may be assessed
against the shipper or loader of the goods or the owner or
operator of the commercial motor vehicle, solely or in part,
depending upon the involvement of each party in causing an
overweight movement violation.  The court will determine the
extent of liability of the driver, carrier, shipper, or other
party shown to be liable.  A person who fails to keep, maintain,
or open for inspection records and documents required by the
substitute will be guilty of a class A misdemeanor.  A person who
does not accurately record the required information will be
guilty of a class A misdemeanor.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill could be very helpful
to the trucking industry as a tool to educate truckers on the
ever-changing rules and regulations without being penalized.

Testifying for the bill were Representative Crawford; Missouri
Dump Truck Association; Pavlich, Incorporated; Katgschman
Trucking; and MHC Kenworth.

OPPONENTS:  Those who oppose the bill say that it may put the
state out of compliance with federal requirements and force the
federal government to withhold some funds.

Testifying against the bill was Department of Transportation.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am