Bill Text: MO HB1937 | 2014 | Regular Session | Comm Sub
Bill Title: Changes the laws regarding property owner liability
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-05-07 - Placed on Informal Calendar [HB1937 Detail]
Download: Missouri-2014-HB1937-Comm_Sub.html
SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1937
97TH GENERAL ASSEMBLY
Reported from the Committee on Agriculture, Food Production and Outdoor Resources, May 6, 2014, with recommendation that the Senate Committee Substitute do pass.
TERRY L. SPIELER, Secretary.
6129S.06C
AN ACT
To repeal sections 301.010, 304.180, 537.325, 537.345, 537.348, 578.018, and 578.030, RSMo, and to enact in lieu thereof seven new sections relating to agriculture, with penalty provisions, and an effective date for a certain section.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 301.010, 304.180, 537.325, 537.345, 537.348, 578.018, and 578.030, RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as sections 301.010, 304.180, 537.325, 537.345, 537.348, 578.018, and 578.030, to read as follows:
301.010. As used in this chapter and sections 304.010 to 304.040, 304.120 to 304.260, and sections 307.010 to 307.175, the following terms mean:
(1) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is fifty inches or less in width, with an unladen dry weight of one thousand five hundred pounds or less, traveling on three, four or more nonhighway tires, with a seat designed to be straddled by the operator, or with a seat designed to carry more than one person, and handlebars for steering control;
(2) "Automobile transporter", any vehicle combination designed and used specifically for the transport of assembled motor vehicles;
(3) "Axle load", 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;
(4) "Boat transporter", any vehicle combination designed and used specifically to transport assembled boats and boat hulls;
(5) "Body shop", a business that repairs physical damage on motor vehicles that are not owned by the shop or its officers or employees by mending, straightening, replacing body parts, or painting;
(6) "Bus", a motor vehicle primarily for the transportation of a driver and eight or more passengers but not including shuttle buses;
(7) "Commercial motor vehicle", a motor vehicle designed or regularly used for carrying freight and merchandise, or more than eight passengers but not including vanpools or shuttle buses;
(8) "Cotton trailer", a trailer designed and used exclusively for transporting cotton at speeds less than forty miles per hour from field to field or from field to market and return;
(9) "Dealer", any person, firm, corporation, association, agent or subagent engaged in the sale or exchange of new, used or reconstructed motor vehicles or trailers;
(10) "Director" or "director of revenue", the director of the department of revenue;
(11) "Driveaway operation":
(a) The movement of a motor vehicle or trailer by any person or motor carrier other than a dealer over any public highway, under its own power singly, or in a fixed combination of two or more vehicles, for the purpose of delivery for sale or for delivery either before or after sale;
(b) The movement of any vehicle or vehicles, not owned by the transporter, constituting the commodity being transported, by a person engaged in the business of furnishing drivers and operators for the purpose of transporting vehicles in transit from one place to another by the driveaway or towaway methods; or
(c) The movement of a motor vehicle by any person who is lawfully engaged in the business of transporting or delivering vehicles that are not the person's own and vehicles of a type otherwise required to be registered, by the driveaway or towaway methods, from a point of manufacture, assembly or distribution or from the owner of the vehicles to a dealer or sales agent of a manufacturer or to any consignee designated by the shipper or consignor;
(12) "Dromedary", a box, deck, or plate mounted behind the cab and forward of the fifth wheel on the frame of the power unit of a truck tractor-semitrailer combination. A truck tractor equipped with a dromedary may carry part of a load when operating independently or in a combination with a semitrailer;
(13) "Farm tractor", a tractor used exclusively for agricultural purposes;
(14) "Fleet", any group of ten or more motor vehicles owned by the same owner;
(15) "Fleet vehicle", a motor vehicle which is included as part of a fleet;
(16) "Fullmount", a vehicle mounted completely on the frame of either the first or last vehicle in a saddlemount combination;
(17) "Gross weight", the weight of vehicle and/or vehicle combination without load, plus the weight of any load thereon;
(18) "Hail-damaged vehicle", any vehicle, the body of which has become dented as the result of the impact of hail;
(19) "Highway", any public thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality;
(20) "Improved highway", a highway which has been paved with gravel, macadam, concrete, brick or asphalt, or surfaced in such a manner that it shall have a hard, smooth surface;
(21) "Intersecting highway", any highway which joins another, whether or not it crosses the same;
(22) "Junk vehicle", a vehicle which is incapable of operation or use upon the highways and has no resale value except as a source of parts or scrap, and shall not be titled or registered;
(23) "Kit vehicle", a motor vehicle assembled by a person other than a generally recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from an authorized manufacturer and accompanied by a manufacturer's statement of origin;
(24) "Land improvement contractors' commercial motor vehicle", any not-for-hire commercial motor vehicle the operation of which is confined to:
(a) An area that extends not more than a radius of one hundred miles from its home base of operations when transporting its owner's machinery, equipment, or auxiliary supplies to or from projects involving soil and water conservation, or to and from equipment dealers' maintenance facilities for maintenance purposes; or
(b) An area that extends not more than a radius of fifty miles from its home base of operations when transporting its owner's machinery, equipment, or auxiliary supplies to or from projects not involving soil and water conservation. Nothing in this subdivision shall be construed to prevent any motor vehicle from being registered as a commercial motor vehicle or local commercial motor vehicle;
(25) "Local commercial motor vehicle", a commercial motor vehicle whose operations are confined solely to a municipality and that area extending not more than fifty miles therefrom, or a commercial motor vehicle whose property-carrying operations are confined solely to the transportation of property owned by any person who is the owner or operator of such vehicle to or from a farm owned by such person or under the person's control by virtue of a landlord and tenant lease; provided that any such property transported to any such farm is for use in the operation of such farm;
(26) "Local log truck", a commercial motor vehicle which is registered pursuant to this chapter to operate as a motor vehicle on the public highways of this state, used exclusively in this state, used to transport any form or type of harvested forest products, operated solely at a forested site and in an area extending not more than a [one] two hundred-mile radius from such site, carries a load with dimensions not in excess of twenty-five cubic yards per two axles with dual wheels, and when operated on the national system of interstate and defense highways described in Title 23, Section 103(e) of the United States Code, such vehicle shall not exceed the weight limits of section 304.180, does not have more than four axles, and does not pull a trailer which has more than two axles. Harvesting equipment which is used specifically for cutting, felling, trimming, delimbing, debarking, chipping, skidding, loading, unloading, and stacking may be transported on a local log truck. A local log truck may not exceed the limits required by law, however, if the truck does exceed such limits as determined by the inspecting officer, then notwithstanding any other provisions of law to the contrary, such truck shall be subject to the weight limits required by such sections as licensed for eighty thousand pounds;
(27) "Local log truck tractor", a commercial motor vehicle which is registered under this chapter to operate as a motor vehicle on the public highways of this state, used exclusively in this state, used to transport any form or type of harvested forest products, operated solely at a forested site and in an area extending not more than a [one] two hundred-mile radius from such site, operates with a weight not exceeding twenty-two thousand four hundred pounds on one axle or with a weight not exceeding forty-four thousand eight hundred pounds on any tandem axle, and when operated on the national system of interstate and defense highways described in Title 23, Section 103(e) of the United States Code, such vehicle does not exceed the weight limits contained in section 304.180, and does not have more than three axles and does not pull a trailer which has more than two axles. Violations of axle weight limitations shall be subject to the load limit penalty as described for in sections 304.180 to 304.220;
(28) "Local transit bus", a bus whose operations are confined wholly within a municipal corporation, or wholly within a municipal corporation and a commercial zone, as defined in section 390.020, adjacent thereto, forming a part of a public transportation system within such municipal corporation and such municipal corporation and adjacent commercial zone;
(29) "Log truck", a vehicle which is not a local log truck or local log truck tractor and is used exclusively to transport harvested forest products to and from forested sites which is registered pursuant to this chapter to operate as a motor vehicle on the public highways of this state for the transportation of harvested forest products;
(30) "Major component parts", the rear clip, cowl, frame, body, cab, front-end assembly, and front clip, as those terms are defined by the director of revenue pursuant to rules and regulations or by illustrations;
(31) "Manufacturer", any person, firm, corporation or association engaged in the business of manufacturing or assembling motor vehicles, trailers or vessels for sale;
(32) "Motor change vehicle", a vehicle manufactured prior to August, 1957, which receives a new, rebuilt or used engine, and which used the number stamped on the original engine as the vehicle identification number;
(33) "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks, except farm tractors;
(34) "Motor vehicle primarily for business use", any vehicle other than a recreational motor vehicle, motorcycle, motortricycle, or any commercial motor vehicle licensed for over twelve thousand pounds:
(a) Offered for hire or lease; or
(b) The owner of which also owns ten or more such motor vehicles;
(35) "Motorcycle", a motor vehicle operated on two wheels;
(36) "Motorized bicycle", any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty cubic centimeters, which produces less than three gross brake horsepower, and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground;
(37) "Motortricycle", a motor vehicle operated on three wheels, including a motorcycle while operated with any conveyance, temporary or otherwise, requiring the use of a third wheel. A motortricycle shall not be included in the definition of all-terrain vehicle;
(38) "Municipality", any city, town or village, whether incorporated or not;
(39) "Nonresident", a resident of a state or country other than the state of Missouri;
(40) "Non-USA-std motor vehicle", a motor vehicle not originally manufactured in compliance with United States emissions or safety standards;
(41) "Operator", any person who operates or drives a motor vehicle;
(42) "Owner", any person, firm, corporation or association, who holds the legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this law;
(43) "Public garage", a place of business where motor vehicles are housed, stored, repaired, reconstructed or repainted for persons other than the owners or operators of such place of business;
(44) "Rebuilder", a business that repairs or rebuilds motor vehicles owned by the rebuilder, but does not include certificated common or contract carriers of persons or property;
(45) "Reconstructed motor vehicle", a vehicle that is altered from its original construction by the addition or substitution of two or more new or used major component parts, excluding motor vehicles made from all new parts, and new multistage manufactured vehicles;
(46) "Recreational motor vehicle", any motor vehicle designed, constructed or substantially modified so that it may be used and is used for the purposes of temporary housing quarters, including therein sleeping and eating facilities which are either permanently attached to the motor vehicle or attached to a unit which is securely attached to the motor vehicle. Nothing herein shall prevent any motor vehicle from being registered as a commercial motor vehicle if the motor vehicle could otherwise be so registered;
(47) "Recreational off-highway vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is sixty-four inches or less in width, with an unladen dry weight of two thousand pounds or less, traveling on four or more nonhighway tires, with a nonstraddle seat, and steering wheel, which may have access to ATV trails;
(48) "Rollback or car carrier", any vehicle specifically designed to transport wrecked, disabled or otherwise inoperable vehicles, when the transportation is directly connected to a wrecker or towing service;
(49) "Saddlemount combination", a combination of vehicles in which a truck or truck tractor tows one or more trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The "saddle" is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection. When two vehicles are towed in this manner the combination is called a "double saddlemount combination". When three vehicles are towed in this manner, the combination is called a "triple saddlemount combination";
(50) "Salvage dealer and dismantler", a business that dismantles used motor vehicles for the sale of the parts thereof, and buys and sells used motor vehicle parts and accessories;
(51) "Salvage vehicle", a motor vehicle, semitrailer, or house trailer which:
(a) Was damaged during a year that is no more than six years after the manufacturer's model year designation for such vehicle to the extent that the total cost of repairs to rebuild or reconstruct the vehicle to its condition immediately before it was damaged for legal operation on the roads or highways exceeds eighty percent of the fair market value of the vehicle immediately preceding the time it was damaged;
(b) By reason of condition or circumstance, has been declared salvage, either by its owner, or by a person, firm, corporation, or other legal entity exercising the right of security interest in it;
(c) Has been declared salvage by an insurance company as a result of settlement of a claim;
(d) Ownership of which is evidenced by a salvage title; or
(e) Is abandoned property which is titled pursuant to section 304.155 or section 304.157 and designated with the words "salvage/abandoned property". The total cost of repairs to rebuild or reconstruct the vehicle shall not include the cost of repairing, replacing, or reinstalling inflatable safety restraints, tires, sound systems, or damage as a result of hail, or any sales tax on parts or materials to rebuild or reconstruct the vehicle. For purposes of this definition, "fair market value" means the retail value of a motor vehicle as:
a. Set forth in a current edition of any nationally recognized compilation of retail values, including automated databases, or from publications commonly used by the automotive and insurance industries to establish the values of motor vehicles;
b. Determined pursuant to a market survey of comparable vehicles with regard to condition and equipment; and
c. Determined by an insurance company using any other procedure recognized by the insurance industry, including market surveys, that is applied by the company in a uniform manner;
(52) "School bus", any motor vehicle used solely to transport students to or from school or to transport students to or from any place for educational purposes;
(53) "Scrap processor", a business that, through the use of fixed or mobile equipment, flattens, crushes, or otherwise accepts motor vehicles and vehicle parts for processing or transportation to a shredder or scrap metal operator for recycling;
(54) "Shuttle bus", a motor vehicle used or maintained by any person, firm, or corporation as an incidental service to transport patrons or customers of the regular business of such person, firm, or corporation to and from the place of business of the person, firm, or corporation providing the service at no fee or charge. Shuttle buses shall not be registered as buses or as commercial motor vehicles;
(55) "Special mobile equipment", every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including farm equipment, implements of husbandry, road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines, concrete pump trucks, rock-drilling and earth-moving equipment. This enumeration shall be deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this section;
(56) "Specially constructed motor vehicle", a motor vehicle which shall not have been originally constructed under a distinctive name, make, model or type by a manufacturer of motor vehicles. The term specially constructed motor vehicle includes kit vehicles;
(57) "Stinger-steered combination", a truck tractor-semitrailer wherein the fifth wheel is located on a drop frame located behind and below the rearmost axle of the power unit;
(58) "Tandem axle", 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;
(59) "Tractor", "truck tractor" or "truck-tractor", a self-propelled motor vehicle designed for drawing other vehicles, but not for the carriage of any load when operating independently. When attached to a semitrailer, it supports a part of the weight thereof;
(60) "Trailer", any vehicle without motive power designed for carrying property or passengers on its own structure and for being drawn by a self-propelled vehicle, except those running exclusively on tracks, including a semitrailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle. The term "trailer" shall not include cotton trailers as defined in subdivision (8) of this section and shall not include manufactured homes as defined in section 700.010;
(61) "Truck", a motor vehicle designed, used, or maintained for the transportation of property;
(62) "Truck-tractor semitrailer-semitrailer", a combination vehicle in which the two trailing units are connected with a B-train assembly which is a rigid frame extension attached to the rear frame of a first semitrailer which allows for a fifth-wheel connection point for the second semitrailer and has one less articulation point than the conventional A-dolly connected truck-tractor semitrailer-trailer combination;
(63) "Truck-trailer boat transporter combination", a boat transporter combination consisting of a straight truck towing a trailer using typically a ball and socket connection with the trailer axle located substantially at the trailer center of gravity rather than the rear of the trailer but so as to maintain a downward force on the trailer tongue;
(64) "Used parts dealer", a business that buys and sells used motor vehicle parts or accessories, but not including a business that sells only new, remanufactured or rebuilt parts. "Business" does not include isolated sales at a swap meet of less than three days;
(65) "Utility vehicle", any motorized vehicle manufactured and used exclusively for off-highway use which is sixty-three inches or less in width, with an unladen dry weight of one thousand eight hundred fifty pounds or less, traveling on four or six wheels, to be used primarily for landscaping, lawn care, or maintenance purposes;
(66) "Vanpool", any van or other motor vehicle used or maintained by any person, group, firm, corporation, association, city, county or state agency, or any member thereof, for the transportation of not less than eight nor more than forty-eight employees, per motor vehicle, to and from their place of employment; however, a vanpool shall not be included in the definition of the term bus or commercial motor vehicle as defined by subdivisions (6) and (7) of this section, nor shall a vanpool driver be deemed a chauffeur as that term is defined by section 303.020; nor shall use of a vanpool vehicle for ride-sharing arrangements, recreational, personal, or maintenance uses constitute an unlicensed use of the motor vehicle, unless used for monetary profit other than for use in a ride-sharing arrangement;
(67) "Vehicle", any mechanical device on wheels, designed primarily for use, or used, on highways, except motorized bicycles, vehicles propelled or drawn by horses or human power, or vehicles used exclusively on fixed rails or tracks, or cotton trailers or motorized wheelchairs operated by handicapped persons;
(68) "Wrecker" or "tow truck", any emergency commercial vehicle equipped, designed and used to assist or render aid and transport or tow disabled or wrecked vehicles from a highway, road, street or highway rights-of-way to a point of storage or repair, including towing a replacement vehicle to replace a disabled or wrecked vehicle;
(69) "Wrecker or towing service", the act of transporting, towing or recovering with a wrecker, tow truck, rollback or car carrier any vehicle not owned by the operator of the wrecker, tow truck, rollback or car carrier for which the operator directly or indirectly receives compensation or other personal gain.
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 |
55 |
|
60,000 |
78,500 |
80,000 |
80,000 |
56 |
|
60,000 |
79,500 |
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. (1) 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 or agricultural products not including local log trucks as defined in section 301.010 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. As used in this section, "agricultural product" means an agricultural, horticultural, viticultural, or vegetable product, growing of grapes that will be processed into wine, bees, honey, fish or other aquacultural product, planting seed, livestock, a livestock product, a forestry product, poultry or a poultry product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to it in this state.
(2) Any business operating any vehicles hauling greater than eighty thousand pounds under the provisions of this subsection shall apply yearly to the department of transportation for a permit and upon payment of a twenty-five dollar fee, the department shall grant the applicant a permit. Upon renewal of the permit, an applicant shall submit to the department a list of roads traveled and the number of miles traveled on each road during the year.
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.
537.325. 1. As used in this section, unless the context otherwise requires, the following words and phrases shall mean:
(1) "Engages in an equine activity", riding, training, assisting in medical treatment of, driving or being a passenger upon an equine, whether mounted or unmounted, or any person assisting a participant or any person involved in show management. The term "engages in an equine activity" does not include being a spectator at an equine activity, except in cases where the spectator places himself in an unauthorized area;
(2) "Equine", a horse, pony, mule, donkey or hinny;
(3) "Equine activity":
(a) Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games and hunting;
(b) Equine training or teaching activities or both;
(c) Boarding equines;
(d) Riding, inspecting or evaluating an equine belonging to another, whether or not the owner has received [some] or currently receives monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect or evaluate the equine;
(e) Rides, trips, hunts or other equine activities [of any type] however informal or impromptu that are sponsored by an equine activity sponsor; and
(f) Placing or replacing horseshoes on an equine;
(4) "Equine activity sponsor", an individual, group, club, partnership or corporation, whether or not operating for profit or nonprofit, legal entity, or any employee thereof, which sponsors, organizes or provides the facilities for, an equine activity, including but not limited to pony clubs, 4-H clubs, hunt clubs, riding clubs, school- and college-sponsored classes, programs and activities, therapeutic riding programs and operators, instructors and promoters of equine facilities, including but not limited to stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held;
(5) "Equine professional", a person engaged for compensation, or an employee of such a person engaged:
(a) In instructing a participant or renting to a participant an equine for the purpose of riding, driving or being a passenger upon the equine; or
(b) In renting equipment or tack to a participant;
(6) "Inherent risks of equine or livestock activities", those dangers or conditions which are an integral part of equine or livestock activities, including but not limited to:
(a) The propensity of any equine or livestock to behave in ways that may result in injury, harm or death to persons on or around it;
(b) The unpredictability of any equine's or livestock's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals;
(c) Certain hazards such as surface and subsurface conditions;
(d) Collisions with other equines, livestock, or objects;
(e) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his ability;
(7) "Livestock", the same as used in section 277.020;
(8) "Livestock activity":
(a) Grazing, herding, feeding, branding, milking, or other activity that involves the care or maintenance of livestock;
(b) A livestock show, fair, competition, or auction;
(c) A livestock training or teaching activity;
(d) Boarding livestock; and
(e) Inspecting or evaluating livestock;
(9) "Livestock activity sponsor", an individual, group, club, partnership or corporation, whether or not operating for profit or nonprofit, legal entity, or any employee thereof, which sponsors, organizes, or provides the facilities for, a livestock activity;
(10) "Livestock facility", a property or facility at which a livestock activity is held;
(11) "Livestock owner", a person who owns livestock that is involved in livestock activity;
(12) "Participant", any person, whether amateur or professional, who engages in an equine activity or a livestock activity, whether or not a fee is paid to participate in the equine activity or livestock activity.
2. Except as provided in subsection 4 of this section, an equine activity sponsor, an equine professional, a livestock activity sponsor, a livestock owner, a livestock facility, a livestock auction market, any employee thereof, or any other person or corporation shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine or livestock activities and, except as provided in subsection 4 of this section, no participant or a participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, [an] equine professional, livestock activity sponsor, livestock owner, livestock facility, livestock auction market, any employee thereof, or any other person from injury, loss, damage or death of the participant resulting from any of the inherent risks of equine or livestock activities.
3. This section shall not apply to the horse racing industry as regulated in sections 313.050 to 313.720. This section shall not apply to any employer-employee relationship governed by the provisions of, and for which liability is established pursuant to, chapter 287.
4. The provisions of subsection 2 of this section shall not prevent or limit the liability of an equine activity sponsor, [an] equine professional, livestock activity sponsor, livestock owner, livestock facility, livestock auction market, any employee thereof, or any other person if the equine activity sponsor, equine professional, livestock activity sponsor, livestock owner, livestock facility, livestock auction market, any employee thereof, or person:
(1) Provided the equipment or tack and knew or should have known that the equipment or tack was faulty and such equipment or tack was faulty to the extent that [it did cause] the equipment or tack caused the injury; or
(2) Provided the equine or livestock and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity or livestock activity and determine the ability of the participant to safely manage the particular equine or livestock based on the participant's age, obvious physical condition or the participant's representations of his or her ability;
(3) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to the equine activity sponsor, equine professional, livestock activity sponsor, livestock owner, livestock facility, livestock auction market, any employee thereof, or person and for which warning signs have not been conspicuously posted;
(4) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury;
(5) Intentionally injures the participant;
(6) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances.
5. The provisions of subsection 2 of this section shall not prevent or limit the liability of an equine activity sponsor [or an], equine professional, livestock activity sponsor, livestock owner, livestock facility, livestock auction market, or any employee thereof under liability provisions as set forth in any other section of law.
6. Every equine activity sponsor and livestock activity sponsor shall post and maintain signs which contain the warning notice specified in this subsection. Such signs shall be placed in a clearly visible location on or near stables, corrals or arenas where the [equine professional] equine activity sponsor or livestock activity sponsor conducts equine or livestock activities if such stables, corrals or arenas are owned, managed or controlled by the [equine professional] equine activity sponsor or livestock activity sponsor. The warning notice specified in this subsection shall appear on the sign in black letters on a white background with each letter to be a minimum of one inch in height. Every written contract entered into by an equine professional [and], equine activity sponsor, livestock activity sponsor, livestock owner, livestock facility, livestock auction market, or any employee thereof for the providing of professional services, instruction or the rental of equipment [or], tack, or an equine to a participant, whether or not the contract involves equine or livestock activities on or off the location or site of the equine professional's [or], equine activity sponsor's or livestock activity sponsor's business, shall contain in clearly readable print the warning notice specified in this subsection. The signs and contracts described in this subsection shall contain the following warning notice:
WARNING
Under Missouri law, an equine activity sponsor, equine professional, livestock activity sponsor, livestock owner, livestock facility, livestock auction market, or any employee thereof is not liable for an injury to or the death of a participant in equine or livestock activities resulting from the inherent risks of equine or livestock activities pursuant to the Revised Statutes of Missouri.
537.345. As used in sections 537.345 to [537.347] 537.348, and section 537.351, the following terms mean:
(1) "Charge", the admission price or fee asked by an owner of land or an invitation or permission without price or fee to use land for recreational purposes when such invitation or permission is given for the purpose of sales promotion, advertising or public goodwill in fostering business purposes;
(2) "Land", all real property, land and water, and all structures, fixtures, equipment and machinery thereon;
(3) "Owner", any individual, legal entity or governmental agency that has any ownership or security interest whatever or lease or right of possession in land;
(4) "Recreational use", hunting, fishing, camping, picnicking, biking, aviation activities for personal or private use and not for a commercial event or gathering, nature study, winter sports, viewing or enjoying archaeological or scenic sites, trapping, paddle sports as defined in section 537.327, swimming except for such activity as defined in section 537.348, or other similar activities undertaken for recreation, exercise, education, relaxation, or pleasure on land owned by another;
(5) "Trespasser", any person who enters on the property of another without permission and without an invitation, express or implied regardless of whether actual notice of trespass was given or the land was posted in accordance with the provisions of sections 569.140 and 569.145.
537.348. Nothing in this act shall be construed to create liability, but it does not limit liability that otherwise would be incurred by those who use the land of others, or by owners of land for:
(1) Malicious or grossly negligent failure to guard or warn against a dangerous condition, structure, personal property which the owner knew or should have known to be dangerous, or negligent failure to guard or warn against an ultrahazardous condition which the owner knew or should have known to be dangerous;
(2) Injury suffered by a person who has paid a charge for entry to the land; [or]
(3) Injuries occurring on or in:
(a) Any land within the corporate boundaries of any city, municipality, town, or village in this state;
(b) Any swimming pool. "Swimming pool" means a pool or tank, especially an artificial pool or tank, intended and adapted for swimming and held out as a swimming pool;
(c) Any residential area. "Residential area" as used herein means a tract of land of one acre or less predominately used for residential purposes, or a tract of land of any size used for multifamily residential services; or
(d) Any noncovered land. "Noncovered land" as used herein means any portion of any land, the surface of which portion is actually used primarily for commercial, industrial, mining or manufacturing purposes; provided, however, that use of any portion of any land primarily for agricultural, grazing, forestry, conservation, natural area, owner's recreation or similar or related uses or purposes shall not under any circumstances be deemed to be use of such portion for commercial, industrial, mining or manufacturing purposes; or
(4) A landowner who:
(a) Intentionally injures a participant;
(b) Provides unsafe equipment or devices who knew or should have known that the equipment or device was unsafe to the extent that it did cause the injury; or
(c) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances.
578.018. 1. Any duly authorized [public health official or] law enforcement official may seek a warrant from the appropriate circuit court to enable him or her to enter private property in order to inspect, care for, or [impound] confiscate neglected or abused animals as set forth in said warrant. All requests for such warrants shall be signed, witnessed, and accompanied by an affidavit stating the probable cause to believe a violation of sections 578.005 to [578.023] 578.025 has occurred. A person acting under the authority of a warrant shall:
(1) [Be given a] Appear at a disposition hearing before the court through which the warrant was issued, within thirty days [of the filing of the request] of confiscation for the purpose of granting immediate disposition of the animals [impounded]. No animal shall be sterilized prior to the completion of such disposition hearing unless necessary to save life or relieve suffering;
(2) Place [impounded] animals in the care or custody of a veterinarian, the appropriate animal control authority, [or] an animal shelter, or third party approved by the court. If no appropriate veterinarian, animal control authority, [or] animal shelter, or third party is available, the animal shall not be [impounded] confiscated unless it is diseased or disabled beyond recovery for any useful purpose;
(3) Humanely kill any animal [impounded] confiscated if it is determined by a licensed veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose;
(4) Not be liable for any reasonable and necessary damage to property while acting under such warrant.
2. (1) The owner of any animal that has been confiscated under this section shall not be responsible for the animal's care and keeping prior to a disposition hearing if the owner is acquitted or there is a final discharge without conviction.
(2) After completion of the disposition hearing, the owner or custodian or any person claiming an interest in any animal that has been [impounded] confiscated because of neglect or abuse may prevent disposition of the animal after the disposition hearing and until final judgment, settlement, or dismissal of the case by posting reasonable bond or security within seventy-two hours of the disposition hearing in an amount sufficient to provide for the animal's care and keeping [for at least thirty days, inclusive of the date on which the animal was taken into custody] and consistent with the fair market cost of boarding such an animal in an appropriate retail boarding facility. Notwithstanding the fact that reasonable bond may be posted pursuant to this [subsection] subdivision, the authority having custody of the animal may humanely dispose of the animal at the end of the time for which reasonable expenses are covered by the bond or security, unless there is a court order prohibiting such disposition. Such order shall provide for a reasonable bond or other security in the amount necessary to protect the authority having custody of the animal from any cost of the care, keeping or disposal of the animal.
(3) The authority taking custody of an animal shall give notice of the provisions of this section [by posting a copy of this section at the place where the animal was taken into custody or] by delivering it to a person residing on the property.
3. The owner or custodian of any animal humanely killed pursuant to this section shall not be entitled to recover any damages related to nor the actual value of the animal if the animal was found by a licensed veterinarian to be diseased or disabled beyond recovery for any useful purpose, or if the owner or custodian failed to post bond or security for the care, keeping and disposition of the animal after being notified of [impoundment] confiscation and after completion of the disposition hearing.
4. All animals confiscated under this section shall receive proper care as determined by state law and regulations for each specific animal and facility or organization where the animal is placed after such confiscation. Any such facility or organization shall be liable to the owner for damages for any negligent acts or abuse of such animal which occurs while the animal is in the care, custody, and control of such facility or organization.
5. If the owner posted a sufficient bond and is acquitted or there is a final discharge without conviction, unless there is a settlement agreement, consent judgment, or a suspended imposition of sentence, the owner may demand the return of the animal held in custody. Any entity with care, custody, and control of such animal shall immediately return such animal to the owner upon demand and proof of such acquittal or final discharge without conviction. Upon acquittal or final discharge without conviction, unless there is a settlement agreement, consent judgment, or a suspended imposition of sentence, the owner shall not be liable for any costs incurred relating to the placement or care of the animal during the pendency of the charges.
6. Any person or entity that intentionally euthanizes, other than as permissible under this section, or intentionally sterilizes an animal prior to a disposition hearing or during any period for which reasonable bond was secured for the animal's care is guilty of a class B misdemeanor and shall be liable to the owner of the animal for damages including the actual value of the animal. Each individual animal for which a violation occurs is a separate offense. Any second or subsequent violation is a class A misdemeanor and any entity licensed under state law shall be subject to licensure sanction by its governing body.
578.030. 1. The provisions of section 43.200 notwithstanding, any member of the state highway patrol or other law enforcement officer may apply for and serve a search warrant, and shall have the power of search and seizure in order to enforce the provisions of sections 578.025 to 578.050. All requests for such warrants shall be signed, witnessed, and accompanied by an affidavit stating the probable cause to believe a violation of sections 578.025 to 578.050 has occurred.
2. Any member of the state highway patrol or other law enforcement officer making an arrest under section 578.025 shall lawfully take possession of all dogs or other animals in accordance with the provisions of section 578.018 and all paraphernalia, implements, or other property or things used or employed, or about to be employed, in the violation of any of the provisions of section 578.025. Such officer, after taking possession of such dogs, animals, paraphernalia, implements or other property or things, shall file with the court before whom the complaint is made against any person so arrested an affidavit stating therein the name of the person charged in such complaint, a description of the property so taken and the time and place of the taking thereof together with the name of the person from whom the same was taken and the name of the person who claims to own such property, if known, and that the affiant has reason to believe and does believe, stating the ground of such belief, that the property so taken was used or employed, or was about to be used or employed, in such violation of section 578.025. He or she shall thereupon deliver the property so taken to the court, which shall, by order in writing, place the same in the custody of an officer or other proper person named and designated in such order, to be kept by him or her until the conviction or final discharge of such person complained against, and shall send a copy of such order without delay to the prosecuting attorney of the county. The officer or person so named and designated in such order shall immediately thereupon assume the custody of such property and shall retain the same, subject to the order of the court before which such person so complained against may be required to appear for trial. If the property includes animals, the placement of the animals shall be handled in accordance with the provisions of section 578.018. Upon the conviction of the person so charged, all property so seized shall be adjudged by the court to be forfeited and shall thereupon be destroyed or otherwise disposed of as the court may order. In the event of the acquittal or final discharge without conviction of the person so charged, such court shall, on demand, direct the delivery of such property so held in custody to the owner thereof.
Section B. The repeal and reenactment of section 304.180 shall become effective only upon passage and approval by the voters of a constitutional amendment submitted to them by the general assembly regarding the authorization of an additional sales and use tax, the proceeds of which shall be used for transportation purposes.
•
