SS SCS HB 487 -- MOTOR VEHICLES

This bill changes the laws regarding titling and registration of
motor vehicles and the licensing of drivers.

MISSOURI CAPITOL POLICE

The bill adds Missouri Capitol Police vehicles to the definition
of "emergency vehicle" for purposes of the provisions of law
regarding yielding the right-of-way and authorizes Capitol Police
officers to investigate and arrest a person anywhere in Cole
County when there is probable cause to believe the person
committed a crime within their jurisdiction.

SCHOOL BUS DRIVERS

School districts will be responsible for conducting criminal
background checks for their school bus drivers.  A driver may
continue to operate a school bus pending the results of the
background check.  The Department of Revenue will no longer be
responsible for obtaining criminal background checks or for
collecting fingerprints from school bus drivers.  The bill
provides that each school district must annually have on file a
statement from a medical examiner which indicates that the driver
is physically qualified to operate a school bus for the purpose
of transporting students.  For new drivers, the statement must be
on file prior to the driver's initial operation of a school bus.
This provision applies to drivers employed or under contract with
the school district.  Each school district will annually provide
at least eight hours of special instruction in school bus driving
to each school bus driver employed or under contract with the
school district.  School bus examinations for drivers 70 years of
age or older must be completed annually.  An out-of-state
resident will be exempt from Missouri's school bus endorsement
requirements if the person possesses a valid driver's license and
a school bus endorsement from his or her state of residence.

These provisions contain an emergency clause.

FEE OFFICES

A fee office may charge $2.50 for instruction permits, nondriver
licenses, chauffeur licenses, and driver licenses issued for
three years or less and $5.00 for licenses or instruction permits
exceeding three years.  Currently, a fee office is allowed to
impose a $5.00 fee regardless of the length of the license.

CREDIT FOR TRADE-INS

The bill specifies that a bill of sale which a person must submit
to the Department of Revenue to claim a trade-in sales tax
exemption does not have to be notarized.

SALVAGE VEHICLES

If an insurance company pays a claim on a salvage vehicle and the
insured is retaining ownership of the vehicle as prior salvage,
the bill specifies that the vehicle will not be subject to the
State Highway Patrol's examination in order to obtain a title.

PROOF OF PAYMENT OF PERSONAL PROPERTY TAXES

An applicant for a motor vehicle registration is allowed to prove
payment of personal property taxes by submitting a statement
certified by a county or township collector for the previous year
that no taxes were assessed or due and the applicant has no
unpaid taxes on the collector's tax roll for any subsequent year.

LICENSE PLATE DESIGN ADVISORY COMMITTEE

Currently, the License Plate Design Advisory Committee must meet
prior to April 1, 2006, to develop a new license plate with the
final design due on that date.  The bill changes the deadline to
January 1, 2008.

LICENSE PLATE TABS AND LICENSE PLATE REISSUANCE

Currently, the Department of Revenue must issue license plate
tabs that include information to assure that the tabs match the
plates by January 1, 2009.  The bill changes this date to January
1, 2011.

Currently, new license plates are to be reissued between January
1, 2007, and December 31, 2009.  The new reissuance period will
be between January 1, 2010, and December 31, 2012.  The
Department of Corrections will no longer maintain tabs beginning
January 1, 2011, instead of January 1, 2009.

REPOSSESSED TITLES

Currently, in order to obtain a repossessed title, a lienholder
must submit an application describing the repossessed vehicle, an
affidavit stating that the debtor defaulted, and a copy of the
security agreement.  Under the bill, the lienholder is not
required to submit a copy of the security agreement but must
state in the affidavit that the lienholder has obtained written
consent of all lienholders of record to repossess the vehicle or
has provided all lienholders with written notice of the
repossession.  The lienholder must also give the owner and
lienholders a 10-day written notice that an application for a
repossessed title will be made.  Currently, if the application is
not accompanied by the written consent of lienholders, the
Department of Revenue will not issue a repossessed title without
first providing the parties with 10 days' notice.  The bill
places the burden upon the repossessing lienholder to notify the
parties that the lienholder is seeking a repossessed title.

MOTOR VEHICLE TRANSACTIONS WITHOUT CONTEMPORANEOUS EXCHANGE OF
TITLE

The bill allows a motor vehicle dealer to purchase, or accept as
a trade in and later sell, a motor vehicle without a title from a
seller under certain conditions.  A vehicle dealer may obtain a
duplicate or replacement title in the owner's name if the title
has been lost, stolen, mutilated, or destroyed and is not
available for assignment.  The application to the Department of
Revenue for the duplicate or replacement title must be
accompanied by the executed power of attorney, or a copy, and the
application will contain the appropriate mailing address of the
dealer.  Currently, only the lawful holder of the title may
obtain a duplicate or replacement title.

A dealer may purchase, or accept as a trade in, a vehicle without
a title and the sale or trade will be considered final if the
seller provides the dealer:

(1)  A signed written contract between the licensed dealer and
the owner of the vehicle;

(2)  The physical delivery of the vehicle to the licensed dealer;
and

(3)  A power of attorney from the owner to the licensed dealer
authorizing the licensed dealer to obtain a duplicate or
replacement title in the owner's name and sign any title
assignments on the owner's behalf.

If a licensed dealer purchases the vehicle from the seller in
conformance with the bill, the licensed dealer may sell the
vehicle prior to receiving and assigning to the purchaser the
certificate of title.  The sale of the vehicle to the purchaser
will be considered final if:

(1)  All outstanding liens created on the vehicle have been paid
in full;

(2)  The dealer has obtained proof or other evidence from the
Department of Revenue confirming that no outstanding child
support liens exist upon the vehicle at the time of sale;

(3)  The dealer has obtained proof or other evidence from the
department confirming that all applicable state sales tax has
been satisfied on the sale of the vehicle to the owner; and

(4)  The dealer has signed and submitted an application for
duplicate or replacement title for the vehicle.

A licensed dealer will, within five business days of obtaining a
vehicle without a title, apply for a duplicate or replacement
title.  Upon receipt of a duplicate or replacement title, the
dealer must assign and deliver the certificate of title to the
purchaser of the vehicle within five business days.

If the dealer fails to comply with the provisions of the bill,
the dealer will be liable to the purchaser for actual damages,
plus court costs and reasonable attorney fees.  If the dealer
fails to assign and deliver the duplicate or replacement
certificate of title to the purchaser, the purchaser may deliver
to the department director a copy of the contract for sale of the
vehicle and a copy of the application provided by the dealer.
The director must notify the dealer that any prior certificate of
title issued to the dealer on the vehicle will be canceled and a
certificate of title will be issued in the name of the purchaser,
subject to any liens incurred by the purchaser in connection with
the purchase of the vehicle.  The dealer, within 10 business days
from the date of the notice, must file a written objection to the
director who will not take any further action without an order
from a court of competent jurisdiction.  However, if the dealer
does not timely file a written objection, the director will
cancel the prior certificate of title issued to the dealer and
issue a certificate of title to the purchaser of the vehicle,
subject to any liens incurred by the purchaser in connection with
the purchase of the vehicle.

If a seller fraudulently misrepresents to the dealer that he or
she is the owner of the vehicle, the seller will be liable to the
dealer or subsequent purchaser for any damages resulting from the
misrepresentation.  Prior to seeking court costs or attorney fees
authorized under the bill, the aggrieved party must deliver an
itemized written demand of its actual damages to the party from
whom damages are sought and the party from whom damages are
sought has not satisfied the written demand within 30 days after
its receipt.

DRIVER LICENSES

The bill clarifies the laws regarding the issuance of a six-year
and a three-year driver license, the respective fees, and the
expiration on the applicant's birthday unless licensed for a
shorter period due to other requirements of law.  A commercial
driver's license (CDL) issued to a 21 to 69-year-old individual
will expire on the sixth year after issuance unless it must be
issued for a shorter period due to other requirements of law or
for the staggering of work.  For an individual younger than 18
years of age or for a person 70 years of age or older, the
license will expire the third year after issuance unless it must
be issued for a shorter period due to other requirements of law.
A CDL containing some hazardous materials endorsement issued to a
person 70 years of age or older will not be issued for a period
exceeding three years.

These provisions contain an emergency clause.

JURISDICTION OF REGIONAL TAXICAB COMMISSION

The Regional Taxicab Commission is allowed to exercise
jurisdiction over any person who engages in the business of
transporting passengers in commerce, wholly within the regional
taxicab district, in any motor vehicle designed or used to
transport not more than eight passengers including the driver.
The jurisdiction of the commission will not apply to:

(1)  Operators who are required to be licensed, supervised, and
regulated by the Highways and Transportation Commission including
motor vehicles transporting passengers within the district in
interstate commerce and are subject to the powers of the Highways
and Transportation Commission;

(2)  Motor vehicles that are operated exclusively by
not-for-profit corporations or governmental entities, whose
operations within the regional taxicab district are subsidized,
wholly or in part, with federal or state funding; and

(3)  Vehicles that transport one or more passengers upon the
public highways in a continuous journey from a place within the
regional taxicab district to a destination outside the district
or from a place outside the district to a destination within the
district, either with or without a return trip to the point of
origin.

Every person, partnership, or corporation who becomes subject to
the jurisdiction of the Regional Taxicab Commission which was
previously under the jurisdiction, through permit or certificate,
of the Highways and Transportation Commission is deemed to be
licensed, permitted, and authorized by the Regional Taxicab
Commission; and the vehicles and drivers used by the motor
carriers are deemed to be licensed, permitted, and authorized by
the Regional Taxicab Commission to operate and engage in the
transportation of passengers within the regional taxicab district
to the same extent as they were licensed, permitted, and
authorized by the Highways and Transportation Commission on
August 27, 2005.  Motor carriers, drivers, and vehicles are
exempt from applying for any license, certificate, permit, or
other credential issued or required by the Regional Taxicab
Commission, except that the Regional Taxicab Commission may after
December 31, 2005, require motor carriers and drivers to apply
and pay the regular fees for annual renewals of licenses,
permits, certificates, or other credentials, pursuant to uniform
requirements applicable to all motor carriers, vehicles, and
drivers operating within the regional taxicab district.

These provisions contain an emergency clause.

MOTOR VEHICLE DEALER ADVERTISEMENTS

The bill allows motor vehicle dealers, when advertising by
broadcast or print media, to provide disclaimers and disclosures
by referring to an Internet web page or a toll-free number
containing the information required to be disclosed by law.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm