A Division Of The
Department of Public Safety
Public Information and Education Division - PO Box 568 - Jefferson City, MO 65102

For further information please contact: Capt. John J. Hotz
Q8272015 (573) 526-6115

August 27, 2015

EMPHASIS: Patrol Provides Synopsis Of Some New Laws Affecting Motor Vehicle & Boat Use

The Missouri General Assembly recently enacted new legislation affecting motor vehicles and boats, and Governor Jay Nixon has signed the legislation into law. Unless otherwise noted, these laws go into effect August 28, 2015. The Patrol wishes to make the public aware of several of these new laws or changes to increase public awareness and education.

HB 269 ─ Fire Extinguishers On Vessels
This bill requires every Class 2 vessel operating upon the waters of this state to carry two B1 type fire extinguishers, one B2 fire extinguisher, or a fixed fire extinguishing system and one B1 type fire extinguisher. Currently, the requirement is to carry either one B2 extinguisher, or two B1 type fire extinguishers. (Section 306.100 RSMo.)

HB 650 ─ Auxiliary Lighting On Motorcycles
This bill allows white and amber auxiliary lighting on motorcycles. The lighting must be non-flashing, non-blinking, non-oscillating, and directed toward the engine and drive train of the motorcycle to prevent interference with the rider’s operation of the motorcycle. Among other types of lighting mentioned, LED strips are included. (Section 307.128 RSMo.)

HB 686 ─ Motor Vehicle Registration
This bill revises the definition of “junk” vehicle to include a vehicle that has been designated as junk or an equivalent designation by any other state. (Section 301.010 RSMo.)

The transferor of an interest in a motor vehicle or trailer must include the name of the transferor in the required notice to the Department of Revenue. The bill allows for the electronic signature of the transferor on the notice. A notice of sale is effective even though it contains minor errors that are not materially misleading. (Section 301.196 RSMo.)

The bill allows the purchaser of a junk vehicle to apply for a junking certificate as well as the salvage certificate of title or certificate of ownership to the Department of Revenue, and the department director must issue a negotiable junking certificate to the purchaser that must authorize the holder to possess; transport; or, by assignment, transfer ownership in the parts, scrap, or junk. The department must only issue a junking certificate for any vehicle issued a junking certificate or similar document or classification pursuant to the laws of another state, regardless of whether the designation has been subsequently changed by law in any other state, and a salvage certificate of title or original certificate of title must not thereafter be issued for the vehicle. If the vehicle has not previously been designated as a junk vehicle, the applicant making the original junking certificate application must be allowed to rescind the application within 90 days. (Section 301.227 RSMo.)

The bill removes the requirement that the sale of all 30-day temporary registration permits must be recorded on the dealer’s monthly sales report if the sale is already recorded by electronic means as determined by the department. (Section 301.280 RSMo.)

SB 12 ─ Agriculture
Weight Limitations ─ This act adds livestock to the current milk exemption for weight limits on highways, except interstate highways, for up to 85,500 pounds. This act also allows trucks hauling grain and grain co-products during harvest to exceed weight limits by up to 10 percent again, excluding interstates. (Section 304.180 RSMo.)

SB 231 ─ Watercraft
Fire Extinguishers For Watercraft ─ This act requires every Class 2 recreational motorboat operating upon the waters of this state to carry two B1 type fire extinguishers, or one B2 fire extinguisher, or a fixed fire extinguishing system and one B1 type fire extinguisher. (Section 306.100 RSMo.)

Recreational Water Use Laws Brochure ─ This act requires the Water Patrol Division of the Missouri State Highway Patrol to develop a brochure regarding recreational water use laws and distribute it to recreational water equipment rental facilities and all county commissioners in the state. (Section 306.910 RSMo.)

SB254 ─ Motor Vehicles
License Plate Mounting ─ This act allows trailer and motorcycle license plates to be mounted horizontally or vertically. (Section 301.130 RSMo.)

Intoxication Related Offenses ─ This act allows the Department of Revenue to extend the period a motorist is required to maintain the ignition interlock device on his or her vehicle by three months if the ignition interlock device detects an attempt to tamper with the device or detects an alcohol concentration above the set point within the last three months of the required installation period. The time must be extended until the motorist goes three months without any violations. Under current law, except for a first time DWI offense, alcohol-related driving offenses require a certain period of suspension before an individual is eligible for limited or restricted driving privileges. This act expands the list of offenses that allows an individual to receive limited driving privileges provided that he or she has an ignition interlock device installed. This act also removes the mandatory suspension period for alcohol-related offenses but requires that an individual must have an ignition interlock device installed on his or her vehicle. This act also removes the requirement that DWI courts cannot grant limited driving privileges to a participant for the first 45 days of participation. This act authorizes the court to order a defendant to submit to continuous alcohol monitoring or verifiable breath alcohol testing performed a minimum of four times per day in any DWI, driving with an excessive blood alcohol content, boating while intoxicated, and boating with an excessive blood alcohol case. The provisions under this heading are effective January 1, 2017. (Sections 302.010, 302.060, 302.525, 302.574, 577.010, 577.012, 577.013, and 577.014 RSMo.)

SB 272 ─ Commercial Zones
This act adds Boone County to the municipal commercial zone previously defined for the city of Columbia. Commercial zones limit the maximum height and axle weight of commercial vehicles within those zones. (Section 304.190 RSMo.)

SB 456 ─ Ownership Of Motor Vehicles
Transferred License Plates ─ This act makes it lawful for a motor vehicle to be operated with transferred license plates for 90 days if the dealer is selling the vehicle without yet having obtained a certificate of ownership. (Section 301.140.1 RSMo.)

Temporary Permits ─ This act makes it lawful for a motor vehicle or trailer to be operated by a buyer under a temporary permit for 90 days if the dealer is selling the vehicle without yet having obtained a certificate of ownership. (Section 301.140.1 RSMo.)

Certificate Of Ownership ─ A person is required to apply for a certificate of ownership within 30 days after receiving the title from the dealer to apply for a certificate of ownership. (Section 301.190 RSMo.)

Motor Vehicle Dealer Title Requirements (Used Motor Vehicles) ─ This act allows motor vehicle dealers to purchase or accept in trade any vehicle for which there has been issued a certificate of title or certificate of ownership. Once the vehicle has been delivered to the dealer, the prior owners’ insurable interest in such vehicle ceases. This act specifies that such dealers provide to the Department of Revenue a surety bond or irrevocable letter of credit in the amount not less than $100,000 in lieu of the $25,000 bond otherwise required for licensure as a motor vehicle dealer. (Section 301.213 RSMo.)

If a dealer receives a sale contract and power of attorney to sign for the seller, the dealer may sell a vehicle prior to receiving and assigning a certificate of ownership. In order to do so, they have to have prepared and delivered to the purchaser an application for title for the vehicle in the purchaser’s name, and have entered into a written agreement for the subsequent assignment and delivery of the certificate of ownership within 60 days after delivery of the motor vehicle to the purchaser. The agreement shall require the purchaser to provide to the dealer proof of financial responsibility and proof of insurance. The dealer shall maintain a copy of the agreement, and shall deliver a form to the Department of Revenue showing that the purchaser has purchased the vehicle without contemporaneous delivery of the title. If these requirements are met, they will constitute evidence of ownership interest in the vehicle. (Section 301.213 RSMo.)