Bill Text: MO HB1557 | 2014 | Regular Session | Engrossed
Bill Title: Changes the laws regarding traffic regulations including evidence obtained from an automated traffic enforcement system, trucks with a gross weight over 48,000 pounds driving in the far left-hand lane of any Missouri highway, and emergency utility response permits to allow motor carriers to transport equipment following a disaster
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-05-12 - Placed on Informal Calendar - SA 1, SSA 1 FOR SA 1 TO SS PENDING [HB1557 Detail]
Download: Missouri-2014-HB1557-Engrossed.html
SECOND REGULAR SESSION
[PERFECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
97TH GENERAL ASSEMBLY
5581H.02P D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 304.015 and 304.180, RSMo, and to enact in lieu thereof three new sections relating to traffic regulations, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 304.015 and 304.180, RSMo, are repealed and three new sections enacted in lieu thereof, to be known as sections 304.015, 304.180, and 304.875, to read as follows:
304.015. 1. All vehicles not in motion shall be placed with their right side as near the right-hand side of the highway as practicable, except on streets of municipalities where vehicles are obliged to move in one direction only or parking of motor vehicles is regulated by ordinance.
2. Upon all public roads or highways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:
(1) When overtaking and passing another vehicle proceeding in the same direction pursuant to the rules governing such movement;
(2) When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the provisions of sections 304.014 to 304.025 or traffic regulations thereunder or of municipalities;
(3) When the right half of a roadway is closed to traffic while under construction or repair;
(4) Upon a roadway designated by local ordinance as a one-way street and marked or signed for one-way traffic.
3. It is unlawful to drive any vehicle upon any highway or road which has been divided into two or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section, or to make any left turn or semicircular or U-turn on any such divided highway, except at an intersection or interchange or at any signed location designated by the state highways and transportation commission or the department of transportation. The provisions of this subsection shall not apply to emergency vehicles, law enforcement vehicles or to vehicles owned by the commission or the department.
4. The authorities in charge of any highway or the state highway patrol may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway, and all members of the Missouri highway patrol and other peace officers may direct traffic in conformance with such signs. When authorized signs have been erected designating off-center traffic lanes, no person shall disobey the instructions given by such signs.
5. Whenever any roadway has been divided into three or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;
(2) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane, except when overtaking and passing another vehicle where the roadway ahead is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign-posted to give notice of such allocation;
(3) Upon all highways any vehicle proceeding at less than the normal speed of traffic thereon shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except as otherwise provided in sections 304.014 to 304.025;
(4) Official signs may be erected by the highways and transportation commission or the highway patrol may place temporary signs directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign;
(5) Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and except when a roadway has been divided into traffic lanes, each driver shall give to the other at least one-half of the main traveled portion of the roadway whenever possible.
6. All vehicles in motion upon a highway having two or more lanes of traffic proceeding in the same direction shall be driven in the right-hand lane except when overtaking and passing another vehicle or when preparing to make a proper left turn or when otherwise directed by traffic markings, signs or signals.
[7. All trucks registered for a gross weight of more than forty-eight thousand pounds shall not be driven in the far left-hand lane upon all interstate highways, freeways, or expressways within urbanized areas of the state having three or more lanes of traffic proceeding in the same direction. This restriction shall not apply when:
(1) It is necessary for the operator of the truck to follow traffic control devices that direct use of a lane other than the right lane; or
(2) The right half of a roadway is closed to traffic while under construction or repair.
8. As used in subsection 7 of this section, "truck" means any vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways. The term "truck" also includes a commercial motor vehicle as defined in section 301.010.]
9. Violation of this section shall be deemed a class C misdemeanor unless such violation causes an immediate threat of an accident, in which case such violation shall be deemed a class B misdemeanor, or unless an accident results from such violation, in which case such violation shall be deemed a class A misdemeanor.
304.180. 1. No vehicle or combination of vehicles shall be moved or operated on any highway in this state having a greater weight than twenty thousand pounds on one axle, no combination of vehicles operated by transporters of general freight over regular routes as defined in section 390.020 shall be moved or operated on any highway of this state having a greater weight than the vehicle manufacturer's rating on a steering axle with the maximum weight not to exceed twelve thousand pounds on a steering axle, and no vehicle shall be moved or operated on any state highway of this state having a greater weight than thirty-four thousand pounds on any tandem axle; the term "tandem axle" shall mean a group of two or more axles, arranged one behind another, the distance between the extremes of which is more than forty inches and not more than ninety-six inches apart.
2. An "axle load" is defined as the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle.
3. Subject to the limit upon the weight imposed upon a highway of this state through any one axle or on any tandem axle, the total gross weight with load imposed by any group of two or more consecutive axles of any vehicle or combination of vehicles shall not exceed the maximum load in pounds as set forth in the following table:
Distance in feet
between the extremes
of any group of two or
more consecutive axles,
measured to the nearest
foot, except where
indicated otherwise Maximum load in pounds
feet 2 axles 3 axles 4 axles 5 axles 6 axles
4 34,000
5 34,000
6 34,000
7 34,000
8 34,000 34,000
More than 8 38,000 42,000
9 39,000 42,500
10 40,000 43,500
11 40,000 44,000
12 40,000 45,000 50,000
13 40,000 45,500 50,500
14 40,000 46,500 51,500
15 40,000 47,000 52,000
16 40,000 48,000 52,500 58,000
17 40,000 48,500 53,500 58,500
18 40,000 49,500 54,000 59,000
19 40,000 50,000 54,500 60,000
20 40,000 51,000 55,500 60,500 66,000
21 40,000 51,500 56,000 61,000 66,500
22 40,000 52,500 56,500 61,500 67,000
23 40,000 53,000 57,500 62,500 68,000
24 40,000 54,000 58,000 63,000 68,500
25 40,000 54,500 58,500 63,500 69,000
26 40,000 55,500 59,500 64,000 69,500
27 40,000 56,000 60,000 65,000 70,000
28 40,000 57,000 60,500 65,500 71,000
29 40,000 57,500 61,500 66,000 71,500
30 40,000 58,500 62,000 66,500 72,000
31 40,000 59,000 62,500 67,500 72,500
32 40,000 60,000 63,500 68,000 73,000
33 40,000 60,000 64,000 68,500 74,000
34 40,000 60,000 64,500 69,000 74,500
35 40,000 60,000 65,500 70,000 75,000
36 60,000 66,000 70,500 75,500
37 60,000 66,500 71,000 76,000
38 60,000 67,500 72,000 77,000
39 60,000 68,000 72,500 77,500
40 60,000 68,500 73,000 78,000
41 60,000 69,500 73,500 78,500
42 60,000 70,000 74,000 79,000
43 60,000 70,500 75,000 80,000
44 60,000 71,500 75,500 80,000
45 60,000 72,000 76,000 80,000
46 60,000 72,500 76,500 80,000
47 60,000 73,500 77,500 80,000
48 60,000 74,000 78,000 80,000
49 60,000 74,500 78,500 80,000
50 60,000 75,500 79,000 80,000
51 60,000 76,000 80,000 80,000
52 60,000 76,500 80,000 80,000
53 60,000 77,500 80,000 80,000
54 60,000 78,000 80,000 80,000
57 60,000 80,000 80,000 80,000
Notwithstanding the above table, two consecutive sets of tandem axles may carry a gross load of thirty-four thousand pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is thirty-six feet or more.
4. Whenever the state highways and transportation commission finds that any state highway bridge in the state is in such a condition that use of such bridge by vehicles of the weights specified in subsection 3 of this section will endanger the bridge, or the users of the bridge, the commission may establish maximum weight limits and speed limits for vehicles using such bridge. The governing body of any city or county may grant authority by act or ordinance to the state highways and transportation commission to enact the limitations established in this section on those roadways within the purview of such city or county. Notice of the weight limits and speed limits established by the commission shall be given by posting signs at a conspicuous place at each end of any such bridge.
5. Nothing in this section shall be construed as permitting lawful axle loads, tandem axle loads or gross loads in excess of those permitted under the provisions of Section 127 of Title 23 of the United States Code.
6. Notwithstanding the weight limitations contained in this section, any vehicle or combination of vehicles operating on highways other than the interstate highway system may exceed single axle, tandem axle and gross weight limitations in an amount not to exceed two thousand pounds. However, total gross weight shall not exceed eighty thousand pounds, except as provided in subsections 9 and 10 of this section.
7. Notwithstanding any provision of this section to the contrary, the department of transportation shall issue a single-use special permit, or upon request of the owner of the truck or equipment, shall issue an annual permit, for the transporting of any concrete pump truck or well-drillers' equipment. The department of transportation shall set fees for the issuance of permits pursuant to this subsection. Notwithstanding the provisions of section 301.133, concrete pump trucks or well-drillers' equipment may be operated on state-maintained roads and highways at any time on any day.
8. Notwithstanding the provision of this section to the contrary, the maximum gross vehicle limit and axle weight limit for any vehicle or combination of vehicles equipped with an idle reduction technology may be increased by a quantity necessary to compensate for the additional weight of the idle reduction system as provided for in 23 U.S.C. Section 127, as amended. In no case shall the additional weight increase allowed by this subsection be greater than five hundred fifty pounds. Upon request by an appropriate law enforcement officer, the vehicle operator shall provide proof that the idle reduction technology is fully functional at all times and that the gross weight increase is not used for any purpose other than for the use of idle reduction technology.
9. Notwithstanding subsection 3 of this section or any other provision of law to the contrary, the total gross weight of any vehicle or combination of vehicles hauling livestock may be as much as, but shall not exceed, eighty-five thousand five hundred pounds while operating on U.S. Highway 36 from St. Joseph to U.S. Highway 63, on U.S. Highway 65 from the Iowa state line to U.S. Highway 36, and on U.S. Highway 63 from the Iowa state line to U.S. Highway 36, and on U.S. Highway 63 from U.S. Highway 36 to Missouri Route 17. The provisions of this subsection shall not apply to vehicles operated on the Dwight D. Eisenhower System of Interstate and Defense Highways.
10. Notwithstanding any provision of this section or any other law to the contrary, the total gross weight of any vehicle or combination of vehicles hauling milk from a farm to a processing facility may be as much as, but shall not exceed, eighty-five thousand five hundred pounds while operating on highways other than the interstate highway system. The provisions of this subsection shall not apply to vehicles operated and operating on the Dwight D. Eisenhower System of Interstate and Defense Highways.
11. Notwithstanding any provision of this section or any other law, the department of transportation shall issue emergency utility response permits for the transporting of utility wires or cables, poles, and equipment needed for repair work immediately following a disaster where utility service has been disrupted. Under exigent circumstances, verbal approval of such operation may be made either by the motor carrier compliance supervisor or other designated motor carrier services representative. Utility vehicles and equipment used to assist utility companies granted special permits under this subsection may be operated and transported on state-maintained roads and highways at any time on any day. The department of transportation shall promulgate all necessary rules and regulations for the administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.
304.875. 1. Notwithstanding the provisions of sections 302.225 or 302.302 or any other provision of law to the contrary, any conviction for an infraction based solely upon evidence obtained from an automated traffic enforcement system shall not have a point value under section 302.302, the director of revenue shall not assess points for a conviction of such an infraction, and no court having jurisdiction over such violations shall forward a record of any plea or finding of guilt of any person in the court for such infraction to the department of revenue.
2. Any person found to have committed a violation of a county or municipal traffic ordinance or regulation that was charged solely upon evidence obtained from an automated traffic enforcement system shall be guilty of a civil infraction punishable only by a fine in an amount not to exceed one hundred thirty-five dollars, and notwithstanding section 304.120.3, and any other provision of law to the contrary, classification of the violation of the traffic ordinance or regulation as a civil infraction shall not be considered contrary to or in any conflict with state law even if the violation for the same conduct proscribed by the traffic ordinance or regulation that was charged solely upon evidence obtained from an automated traffic enforcement system would otherwise be classified a misdemeanor under state law.
3. Any jurisdiction utilizing an automated traffic enforcement system at an intersection controlled by traffic control signals exhibiting different colored lights or colored lighted arrows to enforce red-light violations shall have:
(1) An ordinance which authorizes the jurisdiction’s utilization of the automated traffic enforcement system;
(2) A contract with, and a permit from, the agency that owns the highway, street, or road unless the jurisdiction owns the highway, street, or road, for the installation or use of the automated traffic enforcement system;
(3) For any automated traffic enforcement system installed at an intersection to enforce red light violations on or after January 1, 2014, an engineering review that includes a site evaluation and a crash study under subsection 8 of this section;
(4) Yellow light change interval times that comply with section 304.289;
(5) A peace officer standards and training (POST) certified law enforcement officer to review and determine whether a red-light violation occurred under the automated traffic enforcement system;
(6) A sign located in advance of each intersection approach containing the following: “SIGNAL (symbolic signal) IS PHOTO ENFORCED”; and
(7) A public awareness campaign at the initial deployment of the new program consisting of only warning notices sent thirty days prior to issuing citations.
4. Any jurisdiction utilizing an automated traffic enforcement system to enforce speed limits shall have:
(1) An ordinance which authorizes the jurisdiction’s utilization of the automated traffic enforcement system;
(2) A contract with, and a permit from, the agency that owns the highway, street, or road, unless the jurisdiction owns the highway, street, or road, for the installation or use of the automated traffic enforcement system;
(3) Restricted the use of such system to only school zones, work zones, and zones determined by the jurisdiction through an engineering study to have fatal or disabling motor vehicle crashes exceeding a predicted safety performance level for comparable roads;
(4) A POST certified law enforcement officer to review and determine whether a speed limit violation occurred under the automated traffic enforcement system;
(5) A sign located in advance of an automated speed enforcement system zone containing the following: “SPEED ENFORCED AHEAD PHOTO ENFORCED” or “SPEED LIMIT XX; PHOTO ENFORCED”;
(6) A sign to identify the end of an automated speed limit enforcement system zone with a sign containing the following: “END PHOTO ENFORCEMENT”; and
(7) A public awareness campaign at the initial deployment of the new program consisting of only warning notices sent thirty days prior to issuing citations.
5. When a jurisdiction uses an automated speed limit enforcement system in a school zone, the following conditions shall apply:
(1) Where school speed limit signing is installed, flashers shall be installed with the signing;
(2) The flashers shall only be activated at times when the school speed limit applies;
(3) The speed limit shall only be active when children are likely to be present; and
(4) The system shall not be allowed in school zones without a reduced speed limit or flashers.
6. When a jurisdiction uses an automated speed limit enforcement system in a work zone, the following conditions shall apply:
(1) The work zone shall:
(a) Have a duration of at least four hours;
(b) Have reduced speed limits in effect;
(c) Have a normal posted speed limit of sixty miles per hour or greater; and
(d) Be located within the jurisdiction’s boundaries.
(2) The work zone shall be marked by “ROAD WORK AHEAD” and “END WORK ZONE” signs;
(3) The system shall only be used when work zone workers are present and only for the duration of the work zone; and
(4) Only one system shall be installed and in use per work zone.
7. Notwithstanding any other provision of law, in order for any jurisdiction to utilize an automated traffic enforcement system to enforce red-light or speed limit violations on any highway included as part of the state highway system, the jurisdiction shall have obtained the prior approval of the state highways and transportation commission evidenced by a contract executed between the jurisdiction and the commission.
8. As used in this section, the following terms shall mean:
(1) “Crash study”, an evaluation of the crash data for an intersection, including consideration of whether any crashes, particularly right-angle crashes, may have been the result of a red-light violation;
(2) "Jurisdiction", and city, town, village, or county located in Missouri;
(3) Site assessment", an evaluation to ensure other measures have already been considered or implemented to improve safety at the intersection. Site evaluation includes a review of the intersection to ensure components of the signal are visible and conspicuous and that the timing is appropriate for the conditions. The site evaluation shall also consider how the addition of the red-light cameras might impact the flow of traffic in the area of the intersection.
9. If the jurisdiction has not obtained the prior approval of the agency that owns the highway, street, or road, unless the jurisdiction owns the highway, street, or road, for the installation or use of the automated traffic enforcement system evidenced by a contract executed between the jurisdiction and said agency, all violations issued after the effective date of this act from such automated traffic enforcement system to enforce red-light or speed violations shall not be enforceable.
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