MO
Missouri House Bill HB799

Missouri 2025 Regular Session

Missouri House Bill HB799 Compare Versions

OldNewDifferences
1-
2-EXPLANATION- Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3-and is intended to be omitted in the law.
4-
51 FIRSTREGULARSESSION
6-SENATE COMMITTEE SUBSTITUTE FOR
2+[PERFECTED]
73 HOUSECOMMITTEESUBSTITUTEFOR
84 HOUSEBILLNOS.799,334,424&
95 1069
10-
116 103RDGENERALASSEMBLY
12-
13-2064S.03C KRISTINA MARTIN, Secretary
7+2064H.02P JOSEPHENGLER,ChiefClerk
148 ANACT
15-To repeal sections 32.056, 301.020, 301.055, 301.070, 301.110, 301.130, 301.140, 301.142,
16-301.147, 301.190, 301.448, 301.469, 301.558, 301.560, 301.570, 307.350, 307.380,
17-407.1034, and 643.315, RSMo, and to enact in lieu thereof twenty-one new sections
18-relating to transportation, with penalty provisions and a contingent effective date for
19-certain sections.
20-
21-
9+Torepealsections32.056,301.020,301.190,301.448,301.469,307.350,and307.380,
10+RSMo,andtoenactinlieuthereofsevennewsectionsrelatingtomotorvehicles,with
11+penaltyprovisions.
2212 BeitenactedbytheGeneralAssemblyofthestateofMissouri,asfollows:
23- Section A. Sections 32.056, 301.020, 301.055, 301.070, 1
24-301.110, 301.130, 301.140, 301.142, 301.147, 301.190, 301.448, 2
25-301.469, 301.558, 301.560, 301.570, 307.350, 307.380, 407.1034, 3
26-and 643.315, RSMo, are repealed and twenty-one new sections 4
27-enacted in lieu thereof, to be known as sections 32.056, 5
28-301.020, 301.055, 301.070, 301.110, 301.130, 301.140, 301.142, 6
29-301.147, 301.190, 301.448, 301.469, 301.558, 301.560, 301.570, 7
30-301.3181, 301.3182, 307.350, 307.380, 407.1034, and 643.315, to 8
31-read as follows:9
32- 32.056. Except for uses permitted under 18 U.S.C. 1
33-Section 2721(b)(1), the department of revenue shall not 2
34-release the home address of or any information that 3
35-identifies any vehicle owned or leased by any person who is 4
36-[a] an active or retired county, state or federal parole 5 SCS HCS HBs 799, 334, 2
37- 424 & 1069
38-officer, [a] federal pretrial officer, [a] peace officer 6
39-pursuant to section 590.010, [a] person vested by Article V, 7
40-Section 1 of the Missouri Constitution with the judicial 8
41-power of the state, [a] member of the federal judiciary, or 9
42-a member of such person's immediate family contained in the 10
43-department's motor vehicle or driver registration records, 11
44-based on a specific request for such information from any 12
45-person. Any such person may notify the department of his or 13
46-her status and the department shall protect the 14
47-confidentiality of the home address and vehicle records on 15
48-such a person and his or her immediate family as required by 16
49-this section. This section shall not prohibit the 17
50-department from releasing information on a motor 18
51-registration list pursuant to section 32.055 or from 19
52-releasing information on any officer who holds a class A, B 20
53-or C commercial driver's license pursuant to the Motor 21
54-Carrier Safety Improvement Act of 1999, as amended, 49 22
55-U.S.C. 31309. 23
56- 301.020. 1. Every owner of a motor vehicle or 1
57-trailer, which shall be operated or driven upon the highways 2
58-of this state, except as herein otherwise expressly 3
59-provided, shall annually file, by mail or otherwise, in the 4
60-office of the director of revenue, an application for 5
61-registration on a blank to be furnished by the director of 6
62-revenue for that purpose containing: 7
63- (1) A brief description of the motor vehicle or 8
64-trailer to be registered, including the name of the 9
65-manufacturer, the vehicle identification number, the amount 10
66-of motive power of the motor vehicle, stated in figures of 11
67-horsepower and whether the motor vehicle is to be registered 12
68-as a motor vehicle primarily for business use as defined in 13
69-section 301.010; 14 SCS HCS HBs 799, 334, 3
70- 424 & 1069
71- (2) The name, the applicant's identification number 15
72-and address of the owner of such motor vehicle or trailer; 16
73- (3) The gross weight of the vehicle and the desired 17
74-load in pounds if the vehicle is a commercial motor vehicle 18
75-or trailer. 19
76- 2. If the vehicle is a motor vehicle primarily for 20
77-business use as defined in section 301.010 and if such 21
78-vehicle is [ten years of age or less] model year 2012 or 22
79-newer and has less than one hundred fifty thousand miles on 23
80-the odometer, the director of revenue shall retain the 24
81-odometer information provided in the vehicle inspection 25
82-report, and provide for prompt access to such information, 26
83-together with the vehicle identification number for the 27
84-motor vehicle to which such information pertains, for a 28
85-period of ten years after the receipt of such information. 29
86-This section shall not apply unless: 30
87- (1) The application for the vehicle's certificate of 31
88-ownership was submitted after July 1, 1989; and 32
89- (2) The certificate was issued pursuant to a 33
90-manufacturer's statement of origin. 34
91- 3. If the vehicle is any motor vehicle other than a 35
92-motor vehicle primarily for business use, a recreational 36
93-motor vehicle, motorcycle, motortricycle, autocycle, bus, or 37
94-any commercial motor vehicle licensed for over twelve 38
95-thousand pounds and if such motor vehicle is [ten years of 39
96-age or less] model year 2012 or newer and has less than one 40
97-hundred fifty thousand miles on the odometer, the director 41
98-of revenue shall retain the odometer information provided in 42
99-the vehicle inspection report, and provide for prompt access 43
100-to such information, together with the vehicle 44
101-identification number for the motor vehicle to which such 45
102-information pertains, for a period of ten years after the 46 SCS HCS HBs 799, 334, 4
103- 424 & 1069
104-receipt of such information. This subsection shall not 47
105-apply unless: 48
106- (1) The application for the vehicle's certificate of 49
107-ownership was submitted after July 1, 1990; and 50
108- (2) The certificate was issued pursuant to a 51
109-manufacturer's statement of origin. 52
110- 4. If the vehicle qualifies as a reconstructed motor 53
111-vehicle, motor change vehicle, specially constructed motor 54
112-vehicle, non-USA-std motor vehicle, as defined in section 55
113-301.010, or prior salvage as referenced in section 301.573, 56
114-the owner or lienholder shall surrender the certificate of 57
115-ownership. The owner shall make an application for a new 58
116-certificate of ownership, pay the required title fee, and 59
117-obtain the vehicle examination certificate required pursuant 60
118-to subsection 9 of section 301.190. If an insurance company 61
119-pays a claim on a salvage vehicle as defined in section 62
120-301.010 and the owner retains the vehicle, as prior salvage, 63
121-the vehicle shall only be required to meet the examination 64
122-requirements under subsection 10 of section 301.190. 65
123-Notarized bills of sale along with a copy of the front and 66
124-back of the certificate of ownership for all major component 67
125-parts installed on the vehicle and invoices for all 68
126-essential parts which are not defined as major component 69
127-parts shall accompany the application for a new certificate 70
128-of ownership. If the vehicle is a specially constructed 71
129-motor vehicle, as defined in section 301.010, two pictures 72
130-of the vehicle shall be submitted with the application. If 73
131-the vehicle is a kit vehicle, the applicant shall submit the 74
132-invoice and the manufacturer's statement of origin on the 75
133-kit. If the vehicle requires the issuance of a special 76
134-number by the director of revenue or a replacement vehicle 77
135-identification number, the applicant shall submit the 78 SCS HCS HBs 799, 334, 5
136- 424 & 1069
137-required application and application fee. All applications 79
138-required under this subsection shall be submitted with any 80
139-applicable taxes which may be due on the purchase of the 81
140-vehicle or parts. The director of revenue shall 82
141-appropriately designate "Reconstructed Motor Vehicle", 83
142-"Motor Change Vehicle", "Non-USA-Std Motor Vehicle", or 84
143-"Specially Constructed Motor Vehicle" on the current and all 85
144-subsequent issues of the certificate of ownership of such 86
145-vehicle. 87
146- 5. Every insurance company that pays a claim for 88
147-repair of a motor vehicle which as the result of such 89
148-repairs becomes a reconstructed motor vehicle as defined in 90
149-section 301.010 or that pays a claim on a salvage vehicle as 91
150-defined in section 301.010 and the owner is retaining the 92
151-vehicle shall in writing notify the owner of the vehicle, 93
152-and in a first party claim, the lienholder if a lien is in 94
153-effect, that he is required to surrender the certificate of 95
154-ownership, and the documents and fees required pursuant to 96
155-subsection 4 of this section to obtain a prior salvage motor 97
156-vehicle certificate of ownership or documents and fees as 98
157-otherwise required by law to obtain a salvage certificate of 99
158-ownership, from the director of revenue. The insurance 100
159-company shall within thirty days of the payment of such 101
160-claims report to the director of revenue the name and 102
161-address of such owner, the year, make, model, vehicle 103
162-identification number, and license plate number of the 104
163-vehicle, and the date of loss and payment. 105
164- 6. Anyone who fails to comply with the requirements of 106
165-this section shall be guilty of a class B misdemeanor. 107
166- 7. An applicant for registration may make a donation 108
167-of one dollar to promote a blindness education, screening 109
168-and treatment program. The director of revenue shall 110 SCS HCS HBs 799, 334, 6
169- 424 & 1069
170-collect the donations and deposit all such donations in the 111
171-state treasury to the credit of the blindness education, 112
172-screening and treatment program fund established in section 113
173-209.015. Moneys in the blindness education, screening and 114
174-treatment program fund shall be used solely for the purposes 115
175-established in section 209.015; except that the department 116
176-of revenue shall retain no more than one percent for its 117
177-administrative costs. The donation prescribed in this 118
178-subsection is voluntary and may be refused by the applicant 119
179-for registration at the time of issuance or renewal. The 120
180-director shall inquire of each applicant at the time the 121
181-applicant presents the completed application to the director 122
182-whether the applicant is interested in making the one dollar 123
183-donation prescribed in this subsection. 124
184- 8. An applicant for registration may make a donation 125
185-of an amount not less than one dollar to promote an organ 126
186-donor program. The director of revenue shall collect the 127
187-donations and deposit all such donations in the state 128
188-treasury to the credit of the organ donor program fund as 129
189-established in sections 194.297 to 194.304. Moneys in the 130
190-organ donor fund shall be used solely for the purposes 131
191-established in sections 194.297 to 194.304, except that the 132
192-department of revenue shall retain no more than one percent 133
193-for its administrative costs. The donation prescribed in 134
194-this subsection is voluntary and may be refused by the 135
195-applicant for registration at the time of issuance or 136
196-renewal. The director shall inquire of each applicant at 137
197-the time the applicant presents the completed application to 138
198-the director whether the applicant is interested in making a 139
199-contribution not less than one dollar as prescribed in this 140
200-subsection. 141 SCS HCS HBs 799, 334, 7
201- 424 & 1069
202- 9. An applicant for registration may make a donation 142
203-of one dollar to the Missouri medal of honor recipients 143
204-fund. The director of revenue shall collect the donations 144
205-and deposit all such donations in the state treasury to the 145
206-credit of the Missouri medal of honor recipients fund as 146
207-established in section 226.925. Moneys in the medal of 147
208-honor recipients fund shall be used solely for the purposes 148
209-established in section 226.925, except that the department 149
210-of revenue shall retain no more than one percent for its 150
211-administrative costs. The donation prescribed in this 151
212-subsection is voluntary and may be refused by the applicant 152
213-for registration at the time of issuance or renewal. The 153
214-director shall inquire of each applicant at the time the 154
215-applicant presents the completed application to the director 155
216-whether the applicant is interested in making the one dollar 156
217-donation prescribed in this subsection. 157
218- 301.055. 1. The annual registration fee for motor 1
219-vehicles other than commercial motor vehicles is[: 2
220-3 Less than 12 horsepower $18.00
221-4 12 horsepower and less than 24 horsepower 21.00
222-5 24 horsepower and less than 36 horsepower 24.00
223-6 36 horsepower and less than 48 horsepower 33.00
224-7 48 horsepower and less than 60 horsepower 39.00
225-8 60 horsepower and less than 72 horsepower 45.00
226-9 72 horsepower and more 51.00
227-10 Motorcycles 8.50
228-11 Motortricycles 10.00 SCS HCS HBs 799, 334, 8
229- 424 & 1069
230-twenty-five dollars, which shall include the railroad 13
231-crossing safety fee prescribed in section 389.612. 14
232- 2. The annual registration fee for motorcycles, 15
233-motortricycles, and autocycles is ten dollars, which shall 16
234-include the railroad crossing safety fee prescribed in 17
235-section 389.612. 18
236- 3. Notwithstanding any other provision of law, the 19
237-registration of any autocycle registered as a motorcycle or 20
238-motortricycle prior to August 28, 2018, shall remain in 21
239-effect until the expiration of the registration period for 22
240-such vehicle at which time the owner shall be required to 23
241-renew the motor vehicle's registration under the autocycle 24
242-classification and pay the appropriate registration fee. 25
243- 301.070. 1. [In determining fees based on the 1
244-horsepower of vehicles propelled by internal combustion 2
245-engines, the horsepower shall be computed and recorded upon 3
246-the following formula established by the National Automobile 4
247-Chamber of Commerce: Square the bore of the cylinder in 5
248-inches multiplied by the number of cylinders, divided by two 6
249-and one-half. 7
250- 2. The horsepower of all motor vehicles propelled by 8
251-steam may be accepted as rated by the manufacturers thereof, 9
252-or may be determined in accordance with regulations 10
253-promulgated by the director. 11
254- 3. The horsepower of all motor vehicles, except 12
255-commercial motor vehicles, propelled by electric power, 13
256-shall be rated as being between twelve and twenty-four 14
257-horsepower. 15
258-12 Autocycles 10.00 ] SCS HCS HBs 799, 334, 9
259- 424 & 1069
260- 4.] Fees of commercial motor vehicles, other than 16
261-passenger-carrying commercial motor vehicles, shall be based 17
262-on the gross weight of the vehicle or any combination of 18
263-vehicles and the maximum load to be carried at any one time 19
264-during the license period, except the fee for a wrecker, tow 20
265-truck, rollback or car carrier used in a towing service 21
266-shall be based on the empty weight of such vehicle fully 22
267-equipped for the recovery or towing of vehicles. 23
268- [5.] 2. The decision of the director as to the type of 24
269-motor vehicles and their classification for the purpose of 25
270-registration and the computation of fees therefor shall be 26
271-final and conclusive. 27
272- 301.110. 1. Whenever the director shall determine 1
273-from an increase or decrease in the number of registrations 2
274-of all types of motor vehicles in any given month that the 3
275-volume of clerical work of registration of all types of 4
276-motor vehicles in such month has become so disproportionate 5
277-to the volume of work in the remaining registration periods 6
278-as to render the system burdensome or inefficient, he is 7
279-authorized and empowered to change the registration period 8
280-of any number of motor vehicles, other than commercial motor 9
281-vehicles, as may be necessary to increase or reduce the 10
282-volume of registration in one or more periods by advancing 11
283-the renewal date and shortening the registration period of 12
284-such motor vehicles. 13
285- 2. The shifting of registration periods shall be 14
286-accomplished by notifying the registrants of the change, and 15
287-giving them credit for that portion of the registration 16
288-period not yet elapsed. In such instances the director 17
289-shall order the registrant to surrender the license plates 18
290-and registration certificate held by him and shall assign 19
291-and issue, without cost to the owner, new plates and a 20 SCS HCS HBs 799, 334, 10
292- 424 & 1069
293-registration certificate designating the new registration 21
294-expiration date. 22
295- 3. Notwithstanding subsection 6 of section 142.869 or 23
296-any other provision of law to the contrary, the director may 24
297-stagger the collection of alternative fuel decal fees and 25
298-issuance of alternative fuel decals so that issuance of 26
299-alternative fuel decals occurs at the time of vehicle 27
300-registration and the decal or decals are valid for the 28
301-duration of the vehicle's registration period. In lieu of 29
302-an alternative fuel decal, the director may issue a receipt 30
303-showing payment of the alternative fuel decal fee, which 31
304-shall be kept with the vehicle and valid in place of an 32
305-alternative fuel decal displayed in accordance with section 33
306-142.869. 34
307- 301.130. 1. The director of revenue, upon receipt of 1
308-a proper application for registration, required fees and any 2
309-other information which may be required by law, shall issue 3
310-to the applicant a certificate of registration in such 4
311-manner and form as the director of revenue may prescribe and 5
312-a set of license plates, or other evidence of registration, 6
313-as provided by this section. Each set of license plates 7
314-shall bear the name or abbreviated name of this state, the 8
315-words "SHOW-ME STATE", the month and year in which the 9
316-registration shall expire, and an arrangement of numbers or 10
317-letters, or both, as shall be assigned from year to year by 11
318-the director of revenue. The plates shall also contain 12
319-fully reflective material with a common color scheme and 13
320-design for each type of license plate issued pursuant to 14
321-this chapter. The plates shall be clearly visible at night, 15
322-and shall be aesthetically attractive. Special plates for 16
323-qualified disabled veterans will have the "DISABLED VETERAN" 17
324-wording on the license plates in preference to the words 18 SCS HCS HBs 799, 334, 11
325- 424 & 1069
326-"SHOW-ME STATE" and special plates for members of the 19
327-National Guard will have the "NATIONAL GUARD" wording in 20
328-preference to the words "SHOW-ME STATE". 21
329- 2. The arrangement of letters and numbers of license 22
330-plates shall be uniform throughout each classification of 23
331-registration. The director may provide for the arrangement 24
332-of the numbers in groups or otherwise, and for other 25
333-distinguishing marks on the plates. 26
334- 3. All property-carrying commercial motor vehicles to 27
335-be registered at a gross weight in excess of twelve thousand 28
336-pounds, all passenger-carrying commercial motor vehicles, 29
337-local transit buses, school buses, trailers, semitrailers, 30
338-motorcycles, motortricycles, autocycles, motorscooters, and 31
339-driveaway vehicles shall be registered with the director of 32
340-revenue as provided for in subsection 3 of section 301.030, 33
341-or with the state highways and transportation commission as 34
342-otherwise provided in this chapter, but only one license 35
343-plate shall be issued for each such vehicle, except as 36
344-provided in this subsection. The applicant for registration 37
345-of any property-carrying commercial vehicle registered at a 38
346-gross weight in excess of twelve thousand pounds may request 39
347-and be issued two license plates for such vehicle, and if 40
348-such plates are issued, the director of revenue shall 41
349-provide for distinguishing marks on the plates indicating 42
350-one plate is for the front and the other is for the rear of 43
351-such vehicle. The director may assess and collect an 44
352-additional charge from the applicant in an amount not to 45
353-exceed the fee prescribed for personalized license plates in 46
354-subsection 1 of section 301.144. 47
355- 4. The plates issued to manufacturers and dealers 48
356-shall bear the letters and numbers as prescribed by section 49
357-301.560, and the director may place upon the plates other 50 SCS HCS HBs 799, 334, 12
358- 424 & 1069
359-letters or marks to distinguish commercial motor vehicles 51
360-and trailers and other types of motor vehicles. 52
361- 5. No motor vehicle or trailer shall be operated on 53
362-any highway of this state unless it shall have displayed 54
363-thereon the license plate or set of license plates issued by 55
364-the director of revenue or the state highways and 56
365-transportation commission and authorized by section 57
366-301.140. Each such plate shall be securely fastened to the 58
367-motor vehicle or trailer in a manner so that all parts 59
368-thereof shall be plainly visible and reasonably clean so 60
369-that the reflective qualities thereof are not impaired. 61
370-Each such plate may be encased in a transparent, nontinted 62
371-cover so long as the plate is plainly visible and [its] the 63
372-plate's reflective qualities are not impaired. 64
373-Additionally, license plate frames shall not cover or 65
374-obscure any information that is necessary for law 66
375-enforcement purposes. License plates shall be fastened to 67
376-all motor vehicles except trucks, tractors, truck tractors 68
377-or truck-tractors licensed in excess of twelve thousand 69
378-pounds on the front and rear of such vehicles not less than 70
379-eight nor more than forty-eight inches above the ground, 71
380-with the letters and numbers thereon right side up. The 72
381-license plates on trailers, motorcycles, motortricycles, 73
382-autocycles, and motorscooters shall be displayed on the rear 74
383-of such vehicles either horizontally or vertically, with the 75
384-letters and numbers plainly visible. The license plate on 76
385-buses, other than school buses, and on trucks, tractors, 77
386-truck tractors or truck-tractors licensed in excess of 78
387-twelve thousand pounds shall be displayed on the front of 79
388-such vehicles not less than eight nor more than forty-eight 80
389-inches above the ground, with the letters and numbers 81
390-thereon right side up or if two plates are issued for the 82 SCS HCS HBs 799, 334, 13
391- 424 & 1069
392-vehicle pursuant to subsection 3 of this section, displayed 83
393-in the same manner on the front and rear of such vehicles. 84
394-The license plate or plates authorized by section 301.140, 85
395-when properly attached, shall be prima facie evidence that 86
396-the required fees have been paid. 87
397- 6. (1) The director of revenue shall issue annually 88
398-or biennially a tab or set of tabs as provided by law as 89
399-evidence of the annual payment of registration fees and the 90
400-current registration of a vehicle in lieu of the set of 91
401-plates. Beginning January 1, 2010, the director may 92
402-prescribe any additional information recorded on the tab or 93
403-tabs to ensure that the tab or tabs positively correlate 94
404-with the license plate or plates issued by the department of 95
405-revenue for such vehicle. Such tabs shall be produced in 96
406-each license bureau office. 97
407- (2) The vehicle owner to whom a tab or set of tabs is 98
408-issued shall affix and display such tab or tabs in the 99
409-designated area of the license plate, no more than one per 100
410-plate. 101
411- (3) A tab or set of tabs issued by the director of 102
412-revenue when attached to a vehicle in the prescribed manner 103
413-shall be prima facie evidence that the registration fee for 104
414-such vehicle has been paid. 105
415- (4) Except as otherwise provided in this section, the 106
416-director of revenue shall issue plates for a period of at 107
417-least six years. 108
418- (5) For those commercial motor vehicles and trailers 109
419-registered pursuant to section 301.041, the plate issued by 110
420-the highways and transportation commission shall be a 111
421-permanent nonexpiring license plate for which no tabs shall 112
422-be issued. Nothing in this section shall relieve the owner 113
423-of any vehicle permanently registered pursuant to this 114 SCS HCS HBs 799, 334, 14
424- 424 & 1069
425-section from the obligation to pay the annual registration 115
426-fee due for the vehicle. The permanent nonexpiring license 116
427-plate shall be returned to the highways and transportation 117
428-commission upon the sale or disposal of the vehicle by the 118
429-owner to whom the permanent nonexpiring license plate is 119
430-issued, or the plate may be transferred to a replacement 120
431-commercial motor vehicle when the owner files a supplemental 121
432-application with the Missouri highways and transportation 122
433-commission for the registration of such replacement 123
434-commercial motor vehicle. Upon payment of the annual 124
435-registration fee, the highways and transportation commission 125
436-shall issue a certificate of registration or other suitable 126
437-evidence of payment of the annual fee, and such evidence of 127
438-payment shall be carried at all times in the vehicle for 128
439-which it is issued. 129
440- (6) Upon the sale or disposal of any vehicle 130
441-permanently registered under this section, or upon the 131
442-termination of a lease of any such vehicle, the permanent 132
443-nonexpiring plate issued for such vehicle shall be returned 133
444-to the highways and transportation commission and shall not 134
445-be valid for operation of such vehicle, or the plate may be 135
446-transferred to a replacement vehicle when the owner files a 136
447-supplemental application with the Missouri highways and 137
448-transportation commission for the registration of such 138
449-replacement vehicle. If a vehicle which is permanently 139
450-registered under this section is sold, wrecked or otherwise 140
451-disposed of, or the lease terminated, the registrant shall 141
452-be given credit for any unused portion of the annual 142
453-registration fee when the vehicle is replaced by the 143
454-purchase or lease of another vehicle during the registration 144
455-year. 145 SCS HCS HBs 799, 334, 15
456- 424 & 1069
457- 7. The director of revenue and the highways and 146
458-transportation commission may prescribe rules and 147
459-regulations for the effective administration of this 148
460-section. No rule or portion of a rule promulgated under the 149
461-authority of this section shall become effective unless it 150
462-has been promulgated pursuant to the provisions of section 151
463-536.024. 152
464- 8. Notwithstanding the provisions of any other law to 153
465-the contrary, owners of motor vehicles other than 154
466-apportioned motor vehicles or commercial motor vehicles 155
467-licensed in excess of twenty-four thousand pounds gross 156
468-weight may apply for special personalized license plates. 157
469-Vehicles licensed for twenty-four thousand pounds that 158
470-display special personalized license plates shall be subject 159
471-to the provisions of subsections 1 and 2 of section 160
472-301.030. On and after August 28, 2016, owners of motor 161
473-vehicles, other than apportioned motor vehicles or 162
474-commercial motor vehicles licensed in excess of twenty-four 163
475-thousand pounds gross weight, may apply for any preexisting 164
476-or hereafter statutorily created special personalized 165
477-license plates. 166
478- 9. No later than January 1, 2019, the director of 167
479-revenue shall commence the reissuance of new license plates 168
480-of such design as approved by the advisory committee under 169
481-section 301.125 consistent with the terms, conditions, and 170
482-provisions of section 301.125 and this chapter. Except as 171
483-otherwise provided in this section, in addition to all other 172
484-fees required by law, applicants for registration of 173
485-vehicles with license plates that expire during the period 174
486-of reissuance, applicants for registration of trailers or 175
487-semitrailers with license plates that expire during the 176
488-period of reissuance and applicants for registration of 177 SCS HCS HBs 799, 334, 16
489- 424 & 1069
490-vehicles that are to be issued new license plates during the 178
491-period of reissuance shall pay the cost of the plates 179
492-required by this subsection. The additional cost prescribed 180
493-in this subsection shall not be charged to persons receiving 181
494-special license plates issued under section 301.073 or 182
495-301.443. Historic motor vehicle license plates registered 183
496-pursuant to section 301.131 and specialized license plates 184
497-are exempt from the provisions of this subsection. Except 185
498-for new, replacement, and transfer applications, permanent 186
499-nonexpiring license plates issued to commercial motor 187
500-vehicles and trailers registered under section 301.041 are 188
501-exempt from the provisions of this subsection. 189
502- 301.140. 1. Upon the transfer of ownership of any 1
503-motor vehicle or trailer, the certificate of registration 2
504-and the right to use the number plates shall expire and the 3
505-number plates shall be removed by the owner at the time of 4
506-the transfer of possession, and it shall be unlawful for any 5
507-person other than the person to whom such number plates were 6
508-originally issued to have the same in his or her possession 7
509-whether in use or not, unless such possession is solely for 8
510-charitable purposes; except that the buyer of a motor 9
511-vehicle or trailer who trades in a motor vehicle or trailer 10
512-may attach the license plates from the traded-in motor 11
513-vehicle or trailer to the newly purchased motor vehicle or 12
514-trailer. The operation of a motor vehicle with such 13
515-transferred plates shall be lawful for no more than thirty 14
516-days, or no more than ninety days if the dealer is selling 15
517-the motor vehicle under the provisions of section 301.213, 16
518-or no more than sixty days if the dealer is selling the 17
519-motor vehicle under the provisions of subsection 5 of 18
520-section 301.210. As used in this subsection, the term 19
521-"trade-in motor vehicle or trailer" shall include any single 20 SCS HCS HBs 799, 334, 17
522- 424 & 1069
523-motor vehicle or trailer sold by the buyer of the newly 21
524-purchased vehicle or trailer, as long as the license plates 22
525-for the trade-in motor vehicle or trailer are still valid. 23
526- 2. In the case of a transfer of ownership the original 24
527-owner may register another motor vehicle under the same 25
528-number, upon the payment of a fee of two dollars, if the 26
529-motor vehicle is of [horsepower,] gross weight or (in the 27
530-case of a passenger-carrying commercial motor vehicle) 28
531-seating capacity[,] not in excess of that originally 29
532-registered. When such motor vehicle is of greater 30
533-[horsepower,] gross weight or (in the case of a passenger- 31
534-carrying commercial motor vehicle) seating capacity, for 32
535-which a greater fee is prescribed, the applicant shall pay a 33
536-transfer fee of two dollars and a pro rata portion for the 34
537-difference in fees. When such vehicle is of less 35
538-[horsepower,] gross weight or (in case of a passenger- 36
539-carrying commercial motor vehicle) seating capacity, for 37
540-which a lesser fee is prescribed, the applicant shall not be 38
541-entitled to a refund. 39
542- 3. License plates may be transferred from a motor 40
543-vehicle which will no longer be operated to a newly 41
544-purchased motor vehicle by the owner of such vehicles. The 42
545-owner shall pay a transfer fee of two dollars if the newly 43
546-purchased vehicle is of [horsepower,] gross weight or (in 44
547-the case of a passenger-carrying commercial motor vehicle) 45
548-seating capacity[,] not in excess of that of the vehicle 46
549-which will no longer be operated. When the newly purchased 47
550-motor vehicle is of greater [horsepower,] gross weight or 48
551-(in the case of a passenger-carrying commercial motor 49
552-vehicle) seating capacity, for which a greater fee is 50
553-prescribed, the applicant shall pay a transfer fee of two 51
554-dollars and a pro rata portion of the difference in fees. 52 SCS HCS HBs 799, 334, 18
555- 424 & 1069
556-When the newly purchased vehicle is of less [horsepower,] 53
557-gross weight or (in the case of a passenger-carrying 54
558-commercial motor vehicle) seating capacity, for which a 55
559-lesser fee is prescribed, the applicant shall not be 56
560-entitled to a refund. 57
561- 4. (1) The director of the department of revenue 58
562-shall have authority to produce or allow others to produce a 59
563-weather resistant, nontearing temporary permit authorizing 60
564-the operation of a motor vehicle or trailer by a buyer for 61
565-not more than thirty days, [or no more than ninety days if 62
566-issued by a dealer selling the motor vehicle under the 63
567-provisions of section 301.213,] or no more than sixty days 64
568-if issued by a dealer selling the motor vehicle under the 65
569-provisions of subsection 5 of section 301.210, from the date 66
570-of purchase. The temporary permit authorized under this 67
571-section may be purchased by the purchaser of a motor vehicle 68
572-or trailer from the central office of the department of 69
573-revenue or from an authorized agent of the department of 70
574-revenue upon satisfaction of all applicable taxes under 71
575-chapter 144, upon proof of purchase of a motor vehicle or 72
576-trailer for which the buyer has no registration plate 73
577-available for transfer, and upon proof of financial 74
578-responsibility, or from a motor vehicle dealer upon purchase 75
579-of a motor vehicle or trailer for which the buyer has no 76
580-registration plate available for transfer, or from a motor 77
581-vehicle dealer upon purchase of a motor vehicle or trailer 78
582-for which the buyer has registered and is awaiting receipt 79
583-of registration plates. The director of the department of 80
584-revenue or a producer authorized by the director of the 81
585-department of revenue may make temporary permits available 82
586-to registered dealers in this state, authorized agents of 83
587-the department of revenue or the department of revenue. The 84 SCS HCS HBs 799, 334, 19
588- 424 & 1069
589-price paid by a motor vehicle dealer, an authorized agent of 85
590-the department of revenue or the department of revenue for a 86
591-temporary permit shall not exceed five dollars for each 87
592-permit. The director of the department of revenue shall 88
593-direct motor vehicle dealers and authorized agents to obtain 89
594-temporary permits from an authorized producer. Amounts 90
595-received by the director of the department of revenue for 91
596-temporary permits shall constitute state revenue; however, 92
597-amounts received by an authorized producer other than the 93
598-director of the department of revenue shall not constitute 94
599-state revenue and any amounts received by motor vehicle 95
600-dealers or authorized agents for temporary permits purchased 96
601-from a producer other than the director of the department of 97
602-revenue shall not constitute state revenue. In no event 98
603-shall revenues from the general revenue fund or any other 99
604-state fund be utilized to compensate motor vehicle dealers 100
605-or other producers for their role in producing temporary 101
606-permits as authorized under this section. Amounts that do 102
607-not constitute state revenue under this section shall also 103
608-not constitute fees for registration or certificates of 104
609-title to be collected by the director of the department of 105
610-revenue under section 301.190. No motor vehicle dealer, 106
611-authorized agent or the department of revenue shall charge 107
612-more than five dollars for each permit issued. The permit 108
613-shall be valid for a period of thirty days, or no more than 109
614-ninety days if issued by a dealer selling the motor vehicle 110
615-under the provisions of section 301.213, or no more than 111
616-sixty days if issued by a dealer selling the motor vehicle 112
617-under the provisions of subsection 5 of section 301.210, 113
618-from the date of purchase of a motor vehicle or trailer, or 114
619-from the date of sale of the motor vehicle or trailer by a 115
620-motor vehicle dealer for which the purchaser obtains a 116 SCS HCS HBs 799, 334, 20
621- 424 & 1069
622-permit as set out above. No permit shall be issued for a 117
623-vehicle under this section unless the buyer shows proof of 118
624-financial responsibility. Each temporary permit issued 119
625-shall be securely fastened to the back or rear of the motor 120
626-vehicle in a manner and place on the motor vehicle 121
627-consistent with registration plates so that all parts and 122
628-qualities of the temporary permit thereof shall be plainly 123
629-and clearly visible, reasonably clean and are not impaired 124
630-in any way. 125
631- (2) The provisions of subdivision (1) of this 126
632-subsection requiring satisfaction of all applicable taxes 127
633-under chapter 144 shall become effective only upon 128
634-notification by the director of the department of revenue 129
635-that implementation of such requirements are technologically 130
636-feasible following the development and maintenance of a 131
637-modernized, integrated system for the titling of vehicles, 132
638-the issuance and renewal of vehicle registrations, the 133
639-issuance and renewal of drivers' licenses and identification 134
640-cards, and the perfection and release of liens and 135
641-encumbrances on vehicles. 136
642- 5. The permit shall be issued on a form prescribed by 137
643-the director of the department of revenue and issued only 138
644-for the applicant's temporary operation of the motor vehicle 139
645-or trailer purchased to enable the applicant to temporarily 140
646-operate the motor vehicle while proper title and 141
647-registration plates are being obtained, or while awaiting 142
648-receipt of registration plates, and shall be displayed on no 143
649-other motor vehicle. Temporary permits issued pursuant to 144
650-this section shall not be transferable or renewable, shall 145
651-not be valid upon issuance of proper registration plates for 146
652-the motor vehicle or trailer, and shall be returned to the 147
653-department or to the department's agent upon the issuance of 148 SCS HCS HBs 799, 334, 21
654- 424 & 1069
655-such proper registration plates. Any temporary permit 149
656-returned to the department or to the department's agent 150
657-shall be immediately destroyed. The provisions of this 151
658-subsection shall not apply to temporary permits issued for 152
659-commercial motor vehicles licensed in excess of twenty-four 153
660-thousand pounds gross weight. The director of the 154
661-department of revenue shall determine the size, material, 155
662-design, numbering configuration, construction, and color of 156
663-the permit. The director of the department of revenue, at 157
664-his or her discretion, shall have the authority to reissue, 158
665-and thereby extend the use of, a temporary permit previously 159
666-and legally issued for a motor vehicle or trailer while 160
667-proper title and registration are being obtained. 161
668- 6. Every motor vehicle dealer that issues temporary 162
669-permits shall keep, for inspection by proper officers, an 163
670-accurate record of each permit issued by recording the 164
671-permit number, the motor vehicle dealer's number, buyer's 165
672-name and address, the motor vehicle's year, make, and 166
673-manufacturer's vehicle identification number, and the 167
674-permit's date of issuance and expiration date. Upon the 168
675-issuance of a temporary permit by either the central office 169
676-of the department of revenue, a motor vehicle dealer or an 170
677-authorized agent of the department of revenue, the director 171
678-of the department of revenue shall make the information 172
679-associated with the issued temporary permit immediately 173
680-available to the law enforcement community of the state of 174
681-Missouri. 175
682- 7. Upon the transfer of ownership of any currently 176
683-registered motor vehicle wherein the owner cannot transfer 177
684-the license plates due to a change of motor vehicle 178
685-category, the owner may surrender the license plates issued 179
686-to the motor vehicle and receive credit for any unused 180 SCS HCS HBs 799, 334, 22
687- 424 & 1069
688-portion of the original registration fee against the 181
689-registration fee of another motor vehicle. Such credit 182
690-shall be granted based upon the date the license plates are 183
691-surrendered. No refunds shall be made on the unused portion 184
692-of any license plates surrendered for such credit. 185
693- 8. An additional temporary license plate produced in a 186
694-manner and of materials determined by the director to be the 187
695-most cost-effective means of production with a configuration 188
696-that matches an existing or newly issued plate may be 189
697-purchased by a motor vehicle owner to be placed in the 190
698-interior of the vehicle's rear window such that the driver's 191
699-view out of the rear window is not obstructed and the plate 192
700-configuration is clearly visible from the outside of the 193
701-vehicle to serve as the visible plate when a bicycle rack or 194
702-other item obstructs the view of the actual plate. Such 195
703-temporary plate is only authorized for use when the matching 196
704-actual plate is affixed to the vehicle in the manner 197
705-prescribed in subsection 5 of section 301.130. The fee 198
706-charged for the temporary plate shall be equal to the fee 199
707-charged for a temporary permit issued under subsection 4 of 200
708-this section. Replacement temporary plates authorized in 201
709-this subsection may be issued as needed upon the payment of 202
710-a fee equal to the fee charged for a temporary permit under 203
711-subsection 4 of this section. The newly produced third 204
712-plate may only be used on the vehicle with the matching 205
713-plate, and the additional plate shall be clearly 206
714-recognizable as a third plate and only used for the purpose 207
715-specified in this subsection. 208
716- 9. Notwithstanding the provisions of section 301.217, 209
717-the director may issue a temporary permit to an individual 210
718-who possesses a salvage motor vehicle which requires an 211
719-inspection under subsection 9 of section 301.190. The 212 SCS HCS HBs 799, 334, 23
720- 424 & 1069
721-operation of a salvage motor vehicle for which the permit 213
722-has been issued shall be limited to the most direct route 214
723-from the residence, maintenance, or storage facility of the 215
724-individual in possession of such motor vehicle to the 216
725-nearest authorized inspection facility and return to the 217
726-originating location. Notwithstanding any other 218
727-requirements for the issuance of a temporary permit under 219
728-this section, an individual obtaining a temporary permit for 220
729-the purpose of operating a motor vehicle to and from an 221
730-examination facility as prescribed in this subsection shall 222
731-also purchase the required motor vehicle examination form 223
732-which is required to be completed for an examination under 224
733-subsection 9 of section 301.190 and provide satisfactory 225
734-evidence that such vehicle has passed a motor vehicle safety 226
735-inspection for such vehicle as required in section 307.350. 227
736- 10. Notwithstanding any provision of law to the 228
737-contrary, a person may be stopped or inspected by law 229
738-enforcement, based on reasonable suspicion that a temporary 230
739-permit violation has occurred, in order to determine whether 231
740-a temporary permit is current or valid. Upon a 232
741-determination by law enforcement that a temporary permit is 233
742-expired by at least seventy days, or that a temporary permit 234
743-has been altered, the law enforcement officer conducting the 235
744-stop shall issue a citation and such person shall be fined 236
745-in the amount of two hundred fifty dollars. If the person 237
746-properly registers the vehicle within thirty days of the 238
747-issuance of a citation, the prosecutor shall nolle prosequi 239
748-the citation, court costs shall be waived, and the offense 240
749-shall not be registered as a violation on the person's 241
750-driving record. If the vehicle is stopped a second time for 242
751-a temporary permit violation after such thirty-day time 243
752-period has lapsed, the vehicle shall be impounded until such 244 SCS HCS HBs 799, 334, 24
753- 424 & 1069
754-time as the vehicle is properly registered. It shall be the 245
755-responsibility of the owner of the vehicle to work with the 246
756-impound lot owner if there is an issue with the vehicle's 247
757-safety inspection. 248
758- 11. The director of the department of revenue may 249
759-promulgate all necessary rules and regulations for the 250
760-administration of this section. Any rule or portion of a 251
761-rule, as that term is defined in section 536.010, that is 252
762-created under the authority delegated in this section shall 253
763-become effective only if it complies with and is subject to 254
764-all of the provisions of chapter 536 and, if applicable, 255
765-section 536.028. This section and chapter 536 are 256
766-nonseverable and if any of the powers vested with the 257
767-general assembly pursuant to chapter 536 to review, to delay 258
768-the effective date, or to disapprove and annul a rule are 259
769-subsequently held unconstitutional, then the grant of 260
770-rulemaking authority and any rule proposed or adopted after 261
771-August 28, 2012, shall be invalid and void. 262
772- [11.] 12. The repeal and reenactment of this section 263
773-shall become effective on the date the department of revenue 264
774-or a producer authorized by the director of the department 265
775-of revenue begins producing temporary permits described in 266
776-subsection 4 of such section, or on July 1, 2013, whichever 267
777-occurs first. If the director of revenue or a producer 268
778-authorized by the director of the department of revenue 269
779-begins producing temporary permits prior to July 1, 2013, 270
780-the director of the department of revenue shall notify the 271
781-revisor of statutes of such fact. 272
782- 301.142. 1. As used in sections 301.141 to 301.143, 1
783-the following terms mean: 2
784- (1) "Department", the department of revenue; 3 SCS HCS HBs 799, 334, 25
785- 424 & 1069
786- (2) "Director", the director of the department of 4
787-revenue; 5
788- (3) "Other authorized health care practitioner" 6
789-includes advanced practice registered nurses licensed 7
790-pursuant to chapter 335, physician assistants licensed 8
791-pursuant to chapter 334, chiropractors licensed pursuant to 9
792-chapter 331, podiatrists licensed pursuant to chapter 330, 10
793-assistant physicians, physical therapists licensed pursuant 11
794-to chapter 334, occupational therapists licensed pursuant to 12
795-chapter 324, and optometrists licensed pursuant to chapter 13
796-336; 14
797- (4) "Physically disabled", a natural person who is 15
798-blind, as defined in section 8.700, or a natural person with 16
799-medical disabilities which prohibits, limits, or severely 17
800-impairs one's ability to ambulate or walk, as determined by 18
801-a licensed physician or other authorized health care 19
802-practitioner as follows: 20
803- (a) The person cannot ambulate or walk fifty or less 21
804-feet without stopping to rest due to a severe and disabling 22
805-arthritic, neurological, orthopedic condition, or other 23
806-severe and disabling condition; or 24
807- (b) The person cannot ambulate or walk without the use 25
808-of, or assistance from, a brace, cane, crutch, another 26
809-person, prosthetic device, wheelchair, or other assistive 27
810-device; or 28
811- (c) Is restricted by a respiratory or other disease to 29
812-such an extent that the person's forced respiratory 30
813-expiratory volume for one second, when measured by 31
814-spirometry, is less than one liter, or the arterial oxygen 32
815-tension is less than sixty mm/hg on room air at rest; or 33
816- (d) Uses portable oxygen; or 34 SCS HCS HBs 799, 334, 26
817- 424 & 1069
818- (e) Has a cardiac condition to the extent that the 35
819-person's functional limitations are classified in severity 36
820-as class III or class IV according to standards set by the 37
821-American Heart Association; or 38
822- (f) Except as otherwise provided in subdivision (3) of 39
823-subsection 16 of this section, a person's age, in and of 40
824-itself, shall not be a factor in determining whether such 41
825-person is physically disabled or is otherwise entitled to 42
826-disabled license plates and/or disabled windshield hanging 43
827-placards within the meaning of sections 301.141 to 301.143; 44
828- (5) "Physician", a person licensed to practice 45
829-medicine pursuant to chapter 334; 46
830- (6) "Physician's statement", a statement personally 47
831-signed by a duly authorized person which certifies that a 48
832-person is disabled as defined in this section; 49
833- (7) "Temporarily disabled person", a disabled person 50
834-as defined in this section whose disability or incapacity is 51
835-expected to last no more than one hundred eighty days; 52
836- (8) "Temporary windshield placard", a placard to be 53
837-issued to persons who are temporarily disabled persons as 54
838-defined in this section, certification of which shall be 55
839-indicated on the physician's statement; 56
840- (9) "Windshield placard", a placard to be issued to 57
841-persons who are physically disabled as defined in this 58
842-section, certification of which shall be indicated on the 59
843-physician's statement. 60
844- 2. Other authorized health care practitioners may 61
845-furnish to a physically disabled or temporarily disabled 62
846-person a physician's statement for only those physical 63
847-health care conditions for which such health care 64
848-practitioner is legally authorized to diagnose and treat. 65
849- 3. A physician's statement shall: 66 SCS HCS HBs 799, 334, 27
850- 424 & 1069
851- (1) Be on a form prescribed by the director of revenue; 67
852- (2) Set forth the specific diagnosis and medical 68
853-condition which renders the person physically disabled or 69
854-temporarily disabled as defined in this section; 70
855- (3) Include the physician's or other authorized health 71
856-care practitioner's license number; and 72
857- (4) Be personally signed by the issuing physician or 73
858-other authorized health care practitioner. 74
859- 4. If it is the professional opinion of the physician 75
860-or other authorized health care practitioner issuing the 76
861-statement that the physical disability of the applicant, 77
862-user, or member of the applicant's household is permanent, 78
863-it shall be noted on the statement. Otherwise, the 79
864-physician or other authorized health care practitioner shall 80
865-note on the statement the anticipated length of the 81
866-disability, which shall determine the expiration date for 82
867-the temporary windshield placard, and which period shall not 83
868-exceed one hundred eighty days. If the physician or health 84
869-care practitioner fails to record an expiration date on the 85
870-physician's statement, the director shall issue a temporary 86
871-windshield placard for a period of thirty days. 87
872- 5. A physician or other authorized health care 88
873-practitioner who issues or signs a physician's statement so 89
874-that disabled plates or a disabled windshield placard may be 90
875-obtained shall maintain in such disabled person's medical 91
876-chart documentation that such a certificate has been issued, 92
877-the date the statement was signed, the diagnosis or 93
878-condition which existed that qualified the person as 94
879-disabled pursuant to this section and shall contain 95
880-sufficient documentation so as to objectively confirm that 96
881-such condition exists. 97 SCS HCS HBs 799, 334, 28
882- 424 & 1069
883- 6. The medical or other records of the physician or 98
884-other authorized health care practitioner who issued a 99
885-physician's statement shall be open to inspection and review 100
886-by such practitioner's licensing board, in order to verify 101
887-compliance with this section. Information contained within 102
888-such records shall be confidential unless required for 103
889-prosecution, disciplinary purposes, or otherwise required to 104
890-be disclosed by law. 105
891- 7. Owners of motor vehicles who are residents of the 106
892-state of Missouri, and who are physically disabled, owners 107
893-of motor vehicles operated at least fifty percent of the 108
894-time by a physically disabled person, or owners of motor 109
895-vehicles used to primarily transport physically disabled 110
896-members of the owner's household may obtain disabled person 111
897-license plates. Such owners, upon application to the 112
898-director accompanied by the documents and fees provided for 113
899-in this section, a current physician's statement which has 114
900-been issued within ninety days proceeding the date the 115
901-application is made, and proof of compliance with the state 116
902-motor vehicle laws relating to registration and licensing of 117
903-motor vehicles, shall be issued motor vehicle license plates 118
904-for vehicles, other than commercial vehicles with a gross 119
905-weight in excess of twenty-four thousand pounds, upon which 120
906-shall be inscribed the international wheelchair 121
907-accessibility symbol and the word "DISABLED" in addition to 122
908-a combination of letters and numbers. Such license plates 123
909-shall be made with fully reflective material with a common 124
910-color scheme and design, shall be clearly visible at night, 125
911-and shall be aesthetically attractive, as prescribed by 126
912-section 301.130. If at any time an individual who obtained 127
913-disabled license plates issued under this subsection no 128
914-longer occupies a residence with a physically disabled 129 SCS HCS HBs 799, 334, 29
915- 424 & 1069
916-person, or no longer owns a vehicle that is operated at 130
917-least fifty percent of the time by a physically disabled 131
918-person, such individual shall surrender the disabled license 132
919-plates to the department within thirty days of becoming 133
920-ineligible for their use. 134
921- 8. The director shall further issue, upon request, to 135
922-such applicant one, and for good cause shown, as the 136
923-director may define by rule and regulations, not more than 137
924-two, removable disabled windshield hanging placards for use 138
925-when the disabled person is occupying a vehicle or when a 139
926-vehicle not bearing the permanent handicap plate is being 140
927-used to pick up, deliver, or collect the physically disabled 141
928-person issued the disabled motor vehicle license plate or 142
929-disabled windshield hanging placard. 143
930- 9. No additional fee shall be paid to the director for 144
931-the issuance of the special license plates provided in this 145
932-section, except for special personalized license plates and 146
933-other license plates described in this subsection. Priority 147
934-for any specific set of special license plates shall be 148
935-given to the applicant who received the number in the 149
936-immediately preceding license period subject to the 150
937-applicant's compliance with the provisions of this section 151
938-and any applicable rules or regulations issued by the 152
939-director. If determined feasible by the advisory committee 153
940-established in section 301.129, any special license plate 154
941-issued pursuant to this section may be adapted to also 155
942-include the international wheelchair accessibility symbol 156
943-and the word "DISABLED" as prescribed in this section and 157
944-such plate may be issued to any applicant who meets the 158
945-requirements of this section and the other appropriate 159
946-provision of this chapter, subject to the requirements and 160
947-fees of the appropriate provision of this chapter. 161 SCS HCS HBs 799, 334, 30
948- 424 & 1069
949- 10. Any physically disabled person, or the parent or 162
950-guardian of any such person, or any not-for-profit group, 163
951-organization, or other entity which transports more than one 164
952-physically disabled person, may apply to the director of 165
953-revenue for a removable windshield placard. The placard may 166
954-be used in motor vehicles which do not bear the permanent 167
955-handicap symbol on the license plate. Such placards must be 168
956-hung from the front, middle rearview mirror of a parked 169
957-motor vehicle and may not be hung from the mirror during 170
958-operation. These placards may only be used during the 171
959-period of time when the vehicle is being used by a disabled 172
960-person, or when the vehicle is being used to pick up, 173
961-deliver, or collect a disabled person, and shall be 174
962-surrendered to the department, within thirty days, if a 175
963-group, organization, or entity that obtained the removable 176
964-windshield placard due to the transportation of more than 177
965-one physically disabled person no longer transports more 178
966-than one disabled person. When there is no rearview mirror, 179
967-the placard shall be displayed on the dashboard on the 180
968-driver's side. 181
969- 11. The removable windshield placard shall conform to 182
970-the specifications, in respect to size, color, and content, 183
971-as set forth in federal regulations published by the 184
972-Department of Transportation. The removable windshield 185
973-placard shall be renewed every [four] eight years. The 186
974-department shall have the authority to automatically renew 187
975-current valid disabled placards for a duration of eight 188
976-years, or for the duration that correlates with the person's 189
977-current physician's statement expiration date, until all 190
978-permanent disabled placards are on an eight-year renewal 191
979-cycle. The director may stagger the expiration dates to 192
980-equalize workload. Only one removable placard may be issued 193 SCS HCS HBs 799, 334, 31
981- 424 & 1069
982-to an applicant who has been issued disabled person license 194
983-plates. Upon request, one additional windshield placard may 195
984-be issued to an applicant who has not been issued disabled 196
985-person license plates. 197
986- 12. A temporary windshield placard shall be issued to 198
987-any physically disabled person, or the parent or guardian of 199
988-any such person who otherwise qualifies except that the 200
989-physical disability, in the opinion of the physician, is not 201
990-expected to exceed a period of one hundred eighty days. The 202
991-temporary windshield placard shall conform to the 203
992-specifications, in respect to size, color, and content, as 204
993-set forth in federal regulations published by the Department 205
994-of Transportation. The fee for the temporary windshield 206
995-placard shall be two dollars. Upon request, and for good 207
996-cause shown, one additional temporary windshield placard may 208
997-be issued to an applicant. Temporary windshield placards 209
998-shall be issued upon presentation of the physician's 210
999-statement provided by this section and shall be displayed in 211
1000-the same manner as removable windshield placards. A person 212
1001-or entity shall be qualified to possess and display a 213
1002-temporary removable windshield placard for six months and 214
1003-the placard may be renewed once for an additional six months 215
1004-if a physician's statement pursuant to this section is 216
1005-supplied to the director of revenue at the time of renewal. 217
1006- 13. A windshield placard shall be renewable only by 218
1007-the person or entity to which the placard was originally 219
1008-issued. Any placard issued pursuant to this section shall 220
1009-only be used when the physically disabled occupant for whom 221
1010-the disabled plate or placard was issued is in the motor 222
1011-vehicle at the time of parking or when a physically disabled 223
1012-person is being delivered or collected. A disabled license 224
1013-plate and/or a removable windshield hanging placard are not 225 SCS HCS HBs 799, 334, 32
1014- 424 & 1069
1015-transferable and may not be used by any other person whether 226
1016-disabled or not. 227
1017- 14. At the time the disabled plates or windshield 228
1018-hanging placards are issued, the director shall issue a 229
1019-registration certificate which shall include the applicant's 230
1020-name, address, and other identifying information as 231
1021-prescribed by the director, or if issued to an agency, such 232
1022-agency's name and address. This certificate shall further 233
1023-contain the disabled license plate number or, for windshield 234
1024-hanging placards, the registration or identifying number 235
1025-stamped on the placard. The validated registration receipt 236
1026-given to the applicant shall serve as the registration 237
1027-certificate. 238
1028- 15. The director shall, upon issuing any disabled 239
1029-registration certificate for license plates and/or 240
1030-windshield hanging placards, provide information which 241
1031-explains that such plates or windshield hanging placards are 242
1032-nontransferable, and the restrictions explaining who and 243
1033-when a person or vehicle which bears or has the disabled 244
1034-plates or windshield hanging placards may be used or be 245
1035-parked in a disabled reserved parking space, and the 246
1036-penalties prescribed for violations of the provisions of 247
1037-this act. 248
1038- 16. (1) Except as otherwise provided in this 249
1039-subsection, every applicant for issuance of a disabled 250
1040-license plate or placard shall be required to present a new 251
1041-physician's statement dated no more than ninety days prior 252
1042-to such application, and for renewal applications a 253
1043-physician's statement dated no more than ninety days prior 254
1044-to such application shall be required every eighth year. 255
1045- (2) Notwithstanding any provision of law to the 256
1046-contrary, if the applicant has presented proof of disability 257 SCS HCS HBs 799, 334, 33
1047- 424 & 1069
1048-in the form of a statement from the United States Department 258
1049-of Veterans Affairs verifying that the person is permanently 259
1050-disabled, the applicant shall not be required to provide a 260
1051-physician's statement for the purpose of issuance or renewal 261
1052-of disabled person license plates or windshield placards. 262
1053- (3) Notwithstanding the provisions of paragraph (f) of 263
1054-subdivision (4) of subsection 1 of this section, any person 264
1055-seventy-five years of age or older who provided a 265
1056-physician's statement with the original application shall 266
1057-not be required to provide a physician's statement for the 267
1058-purpose of renewal of disabled person license plates or 268
1059-windshield placards. 269
1060- 17. The director of revenue upon receiving a 270
1061-physician's statement pursuant to this subsection shall 271
1062-check with the state board of registration for the healing 272
1063-arts created in section 334.120, or the Missouri state board 273
1064-of nursing established in section 335.021, with respect to 274
1065-physician's statements signed by advanced practice 275
1066-registered nurses, or the Missouri state board of 276
1067-chiropractic examiners established in section 331.090, with 277
1068-respect to physician's statements signed by licensed 278
1069-chiropractors, or with the board of optometry established in 279
1070-section 336.130, with respect to physician's statements 280
1071-signed by licensed optometrists, or the state board of 281
1072-podiatric medicine created in section 330.100, with respect 282
1073-to physician's statements signed by physicians of the foot 283
1074-or podiatrists, or the Missouri board of occupational 284
1075-therapy established in section 324.063, with respect to 285
1076-physician's statements signed by licensed occupational 286
1077-therapists, to determine whether the physician is duly 287
1078-licensed and registered pursuant to law. 288 SCS HCS HBs 799, 334, 34
1079- 424 & 1069
1080- 18. The boards shall cooperate with the director and 289
1081-shall supply information requested pursuant to this 290
1082-subsection. The director shall, in cooperation with the 291
1083-boards which shall assist the director, establish a list of 292
1084-all Missouri physicians and other authorized health care 293
1085-practitioners and of any other information necessary to 294
1086-administer this section. 295
1087- 19. Where the owner's application is based on the fact 296
1088-that the vehicle is used at least fifty percent of the time 297
1089-by a physically disabled person, the applicant shall submit 298
1090-a statement stating this fact, in addition to the 299
1091-physician's statement. The statement shall be signed by 300
1092-both the owner of the vehicle and the physically disabled 301
1093-person. The applicant shall be required to submit this 302
1094-statement with each application for license plates. No 303
1095-person shall willingly or knowingly submit a false statement 304
1096-and any such false statement shall be considered perjury and 305
1097-may be punishable pursuant to section 301.420. 306
1098- 20. The director of revenue shall retain all 307
1099-physicians' statements and all other documents received in 308
1100-connection with a person's application for disabled license 309
1101-plates and/or disabled windshield placards. 310
1102- 21. The director of revenue shall enter into 311
1103-reciprocity agreements with other states or the federal 312
1104-government for the purpose of recognizing disabled person 313
1105-license plates or windshield placards issued to physically 314
1106-disabled persons. 315
1107- 22. When a person to whom disabled person license 316
1108-plates or a removable or temporary windshield placard or 317
1109-both have been issued dies, the personal representative of 318
1110-the decedent or such other person who may come into or 319
1111-otherwise take possession of the disabled license plates or 320 SCS HCS HBs 799, 334, 35
1112- 424 & 1069
1113-disabled windshield placard shall return the same to the 321
1114-director of revenue under penalty of law. Failure to return 322
1115-such plates or placards shall constitute a class B 323
1116-misdemeanor. 324
1117- 23. The director of revenue may order any person 325
1118-issued disabled person license plates or windshield placards 326
1119-to submit to an examination by a chiropractor, osteopath, or 327
1120-physician, or to such other investigation as will determine 328
1121-whether such person qualifies for the special plates or 329
1122-placards. 330
1123- 24. If such person refuses to submit or is found to no 331
1124-longer qualify for special plates or placards provided for 332
1125-in this section, the director of revenue shall collect the 333
1126-special plates or placards, and shall furnish license plates 334
1127-to replace the ones collected as provided by this chapter. 335
1128- 25. In the event a removable or temporary windshield 336
1129-placard is lost, stolen, or mutilated, the lawful holder 337
1130-thereof shall, within five days, file with the director of 338
1131-revenue an application and an affidavit stating such fact, 339
1132-in order to purchase a new placard. The fee for the 340
1133-replacement windshield placard shall be four dollars. 341
1134- 26. Fraudulent application, renewal, issuance, 342
1135-procurement or use of disabled person license plates or 343
1136-windshield placards shall be a class A misdemeanor. It is a 344
1137-class B misdemeanor for a physician, chiropractor, 345
1138-podiatrist [or], optometrist, or occupational therapist to 346
1139-certify that an individual or family member is qualified for 347
1140-a license plate or windshield placard based on a disability, 348
1141-the diagnosis of which is outside their scope of practice or 349
1142-if there is no basis for the diagnosis. 350
1143- 301.147. 1. Notwithstanding the provisions of section 1
1144-301.020 to the contrary, beginning July 1, 2000, the 2 SCS HCS HBs 799, 334, 36
1145- 424 & 1069
1146-director of revenue may provide owners of motor vehicles, 3
1147-other than commercial motor vehicles licensed in excess of 4
1148-fifty-four thousand pounds gross weight, the option of 5
1149-biennially registering motor vehicles. [Any vehicle 6
1150-manufactured as an even-numbered model year vehicle shall be 7
1151-renewed each even-numbered calendar year and any such 8
1152-vehicle manufactured as an odd-numbered model year vehicle 9
1153-shall be renewed each odd-numbered calendar year, subject to 10
1154-the following requirements: 11
1155- (1)] The fee collected at the time of biennial 12
1156-registration shall include the annual registration fee plus 13
1157-a pro rata amount for the additional [twelve] months of the 14
1158-biennial registration[; 15
1159- (2) Presentation of]. The applicant shall present all 16
1160-documentation otherwise required by law for vehicle 17
1161-registration including, but not limited to, a personal 18
1162-property tax receipt or certified statement for the 19
1163-preceding year that no such taxes were due as set forth in 20
1164-section 301.025, proof of a motor vehicle safety inspection 21
1165-and any applicable emission inspection conducted within 22
1166-sixty days prior to the date of application, and proof of 23
1167-insurance as required by section 303.026. 24
1168- 2. The director of revenue may prescribe rules and 25
1169-regulations for the effective administration of this 26
1170-section. The director is authorized to adopt those rules 27
1171-that are reasonable and necessary to accomplish the limited 28
1172-duties specifically delegated within this section. Any rule 29
1173-or portion of a rule, as that term is defined in section 30
1174-536.010, that is promulgated pursuant to the authority 31
1175-delegated in this section shall become effective only if it 32
1176-has been promulgated pursuant to the provisions of chapter 33
1177-536. This section and chapter 536 are nonseverable and if 34 SCS HCS HBs 799, 334, 37
1178- 424 & 1069
1179-any of the powers vested with the general assembly pursuant 35
1180-to chapter 536 to review, to delay the effective date or to 36
1181-disapprove and annul a rule are subsequently held 37
1182-unconstitutional, then the grant of rulemaking authority and 38
1183-any rule proposed or adopted after July 1, 2000, shall be 39
1184-invalid and void. 40
1185- 3. The director of revenue shall have the authority to 41
1186-stagger the registration period of motor vehicles other than 42
1187-commercial motor vehicles licensed in excess of twelve 43
1188-thousand pounds gross weight to equalize workload or for the 44
1189-convenience of registration applicants. Once the owner of a 45
1190-motor vehicle chooses the option of biennial registration, 46
1191-such registration must be maintained for the full twenty- 47
1192-four month period. 48
1193- 301.190. 1. No certificate of registration of any 1
1194-motor vehicle or trailer, or number plate therefor, shall be 2
1195-issued by the director of revenue unless the applicant 3
1196-therefor shall make application for and be granted a 4
1197-certificate of ownership of such motor vehicle or trailer, 5
1198-or shall present satisfactory evidence that such certificate 6
1199-has been previously issued to the applicant for such motor 7
1200-vehicle or trailer. Application shall be made within thirty 8
1201-days after the applicant acquires the motor vehicle or 9
1202-trailer, unless the motor vehicle was acquired under section 10
1203-301.213 or subsection 5 of section 301.210 in which case the 11
1204-applicant shall make application within thirty days after 12
1205-receiving title from the dealer, upon a blank form furnished 13
1206-by the director of revenue and shall contain the applicant's 14
1207-identification number, a full description of the motor 15
1208-vehicle or trailer, the vehicle identification number, and 16
1209-the mileage registered on the odometer at the time of 17
1210-transfer of ownership, as required by section 407.536, 18 SCS HCS HBs 799, 334, 38
1211- 424 & 1069
1212-together with a statement of the applicant's source of title 19
1213-and of any liens or encumbrances on the motor vehicle or 20
1214-trailer, provided that for good cause shown the director of 21
1215-revenue may extend the period of time for making such 22
1216-application. When an owner wants to add or delete a name or 23
1217-names on an application for certificate of ownership of a 24
1218-motor vehicle or trailer that would cause it to be 25
1219-inconsistent with the name or names listed on the notice of 26
1220-lien, the owner shall provide the director with 27
1221-documentation evidencing the lienholder's authorization to 28
1222-add or delete a name or names on an application for 29
1223-certificate of ownership. 30
1224- 2. The director of revenue shall use reasonable 31
1225-diligence in ascertaining whether the facts stated in such 32
1226-application are true and shall, to the extent possible 33
1227-without substantially delaying processing of the 34
1228-application, review any odometer information pertaining to 35
1229-such motor vehicle that is accessible to the director of 36
1230-revenue. If satisfied that the applicant is the lawful 37
1231-owner of such motor vehicle or trailer, or otherwise 38
1232-entitled to have the same registered in his name, the 39
1233-director shall thereupon issue an appropriate certificate 40
1234-over his signature and sealed with the seal of his office, 41
1235-procured and used for such purpose. The certificate shall 42
1236-contain on its face a complete description, vehicle 43
1237-identification number, and other evidence of identification 44
1238-of the motor vehicle or trailer, as the director of revenue 45
1239-may deem necessary, together with the odometer information 46
1240-required to be put on the face of the certificate pursuant 47
1241-to section 407.536, a statement of any liens or encumbrances 48
1242-which the application may show to be thereon, and, if 49
1243-ownership of the vehicle has been transferred, the name of 50 SCS HCS HBs 799, 334, 39
1244- 424 & 1069
1245-the state issuing the transferor's title and whether the 51
1246-transferor's odometer mileage statement executed pursuant to 52
1247-section 407.536 indicated that the true mileage is 53
1248-materially different from the number of miles shown on the 54
1249-odometer, or is unknown. 55
1250- 3. The director of revenue shall appropriately 56
1251-designate on the current and all subsequent issues of the 57
1252-certificate the words "Reconstructed Motor Vehicle", "Motor 58
1253-Change Vehicle", "Specially Constructed Motor Vehicle", or 59
1254-"Non-USA-Std Motor Vehicle", as defined in section 301.010. 60
1255-Effective July 1, 1990, on all original and all subsequent 61
1256-issues of the certificate for motor vehicles as referenced 62
1257-in subsections 2 and 3 of section 301.020, the director 63
1258-shall print on the face thereof the following designation: 64
1259-"Annual odometer updates may be available from the 65
1260-department of revenue.". On any duplicate certificate, the 66
1261-director of revenue shall reprint on the face thereof the 67
1262-most recent of either: 68
1263- (1) The mileage information included on the face of 69
1264-the immediately prior certificate and the date of purchase 70
1265-or issuance of the immediately prior certificate; or 71
1266- (2) Any other mileage information provided to the 72
1267-director of revenue, and the date the director obtained or 73
1268-recorded that information. 74
1269- 4. The certificate of ownership issued by the director 75
1270-of revenue shall be manufactured in a manner to prohibit as 76
1271-nearly as possible the ability to alter, counterfeit, 77
1272-duplicate, or forge such certificate without ready 78
1273-detection. In order to carry out the requirements of this 79
1274-subsection, the director of revenue may contract with a 80
1275-nonprofit scientific or educational institution specializing 81
1276-in the analysis of secure documents to determine the most 82 SCS HCS HBs 799, 334, 40
1277- 424 & 1069
1278-effective methods of rendering Missouri certificates of 83
1279-ownership nonalterable or noncounterfeitable. 84
1280- 5. The fee for each original certificate so issued 85
1281-shall be eight dollars and fifty cents, in addition to the 86
1282-fee for registration of such motor vehicle or trailer. If 87
1283-application for the certificate is not made within thirty 88
1284-days after the vehicle is acquired by the applicant, or 89
1285-where the motor vehicle was acquired under section 301.213 90
1286-or subsection 5 of section 301.210 and the applicant fails 91
1287-to make application within thirty days after receiving title 92
1288-from the dealer, a delinquency penalty fee of twenty-five 93
1289-dollars for the first thirty days of delinquency and twenty- 94
1290-five dollars for each thirty days of delinquency thereafter, 95
1291-not to exceed a total of two hundred dollars, but such 96
1292-penalty may be waived by the director for a good cause 97
1293-shown. If the director of revenue learns that any person 98
1294-has failed to obtain a certificate within thirty days after 99
1295-acquiring a motor vehicle or trailer, or where the motor 100
1296-vehicle was acquired under section 301.213 or subsection 5 101
1297-of section 301.210 and the applicant fails to make 102
1298-application within thirty days after receiving title from 103
1299-the dealer, or has sold a vehicle without obtaining a 104
1300-certificate, he shall cancel the registration of all 105
1301-vehicles registered in the name of the person, either as 106
1302-sole owner or as a co-owner, and shall notify the person 107
1303-that the cancellation will remain in force until the person 108
1304-pays the delinquency penalty fee provided in this section, 109
1305-together with all fees, charges and payments which the 110
1306-person should have paid in connection with the certificate 111
1307-of ownership and registration of the vehicle. The 112
1308-certificate shall be good for the life of the motor vehicle 113
1309-or trailer so long as the same is owned or held by the 114 SCS HCS HBs 799, 334, 41
1310- 424 & 1069
1311-original holder of the certificate and shall not have to be 115
1312-renewed annually. 116
1313- 6. Any applicant for a certificate of ownership 117
1314-requesting the department of revenue to process an 118
1315-application for a certificate of ownership in an expeditious 119
1316-manner requiring special handling shall pay a fee of five 120
1317-dollars in addition to the regular certificate of ownership 121
1318-fee. 122
1319- 7. It is unlawful for any person to operate in this 123
1320-state a motor vehicle or trailer required to be registered 124
1321-under the provisions of the law unless a certificate of 125
1322-ownership has been applied for as provided in this section. 126
1323- 8. Before an original Missouri certificate of 127
1324-ownership is issued, an inspection of the vehicle and a 128
1325-verification of vehicle identification numbers shall be made 129
1326-by the Missouri state highway patrol on vehicles for which 130
1327-there is a current title issued by another state if a 131
1328-Missouri salvage certificate of title has been issued for 132
1329-the same vehicle but no prior inspection and verification 133
1330-has been made in this state, except that if such vehicle has 134
1331-been inspected in another state by a law enforcement officer 135
1332-in a manner comparable to the inspection process in this 136
1333-state and the vehicle identification numbers have been so 137
1334-verified, the applicant shall not be liable for the twenty- 138
1335-five dollar inspection fee if such applicant submits proof 139
1336-of inspection and vehicle identification number verification 140
1337-to the director of revenue at the time of the application. 141
1338-The applicant, who has such a title for a vehicle on which 142
1339-no prior inspection and verification have been made, shall 143
1340-pay a fee of twenty-five dollars for such verification and 144
1341-inspection, payable to the director of revenue at the time 145
1342-of the request for the application, which shall be deposited 146 SCS HCS HBs 799, 334, 42
1343- 424 & 1069
1344-in the state treasury to the credit of the state highways 147
1345-and transportation department fund. 148
1346- 9. Each application for an original Missouri 149
1347-certificate of ownership for a vehicle which is classified 150
1348-as a reconstructed motor vehicle, specially constructed 151
1349-motor vehicle, kit vehicle, motor change vehicle, non-USA- 152
1350-std motor vehicle, or other vehicle as required by the 153
1351-director of revenue shall be accompanied by a vehicle 154
1352-examination certificate issued by the Missouri state highway 155
1353-patrol, or other law enforcement agency as authorized by the 156
1354-director of revenue. The vehicle examination shall include 157
1355-a verification of vehicle identification numbers and a 158
1356-determination of the classification of the vehicle. The 159
1357-owner of a vehicle which requires a vehicle examination 160
1358-certificate shall present the vehicle for examination and 161
1359-obtain a completed vehicle examination certificate prior to 162
1360-submitting an application for a certificate of ownership to 163
1361-the director of revenue. Notwithstanding any provision of 164
1362-the law to the contrary, an owner presenting a motor vehicle 165
1363-which has been issued a salvage title and which is ten years 166
1364-of age or older to a vehicle examination described in this 167
1365-subsection in order to obtain a certificate of ownership 168
1366-with the designation prior salvage motor vehicle shall not 169
1367-be required to repair or restore the vehicle to its original 170
1368-appearance in order to pass or complete the vehicle 171
1369-examination. The fee for the vehicle examination 172
1370-application shall be twenty-five dollars and shall be 173
1371-collected by the director of revenue at the time of the 174
1372-request for the application and shall be deposited in the 175
1373-state treasury to the credit of the state highways and 176
1374-transportation department fund. If the vehicle is also to 177
1375-be registered in Missouri, the safety inspection required in 178 SCS HCS HBs 799, 334, 43
1376- 424 & 1069
1377-chapter 307 and the emissions inspection required under 179
1378-chapter 643 shall be completed and the fees required by 180
1379-section 307.365 and section 643.315 shall be charged to the 181
1380-owner. 182
1381- 10. When an application is made for an original 183
1382-Missouri certificate of ownership for a motor vehicle 184
1383-previously registered or titled in a state other than 185
1384-Missouri or as required by section 301.020, it shall be 186
1385-accompanied by a current inspection form certified by a duly 187
1386-authorized official inspection station as described in 188
1387-chapter 307, except that such inspection may be completed by 189
1388-an employee of a licensed new or used motor vehicle dealer 190
1389-for a motor vehicle sold to a person who lives outside of 191
1390-this state and intends to register the vehicle outside of 192
1391-this state or for a motor vehicle having less than thirty 193
1392-thousand miles for the three-year period following the model 194
1393-year of manufacture. The completed form shall certify that 195
1394-the manufacturer's identification number for the vehicle has 196
1395-been inspected, that it is correctly displayed on the 197
1396-vehicle and shall certify the reading shown on the odometer 198
1397-at the time of inspection. The inspection station or, in 199
1398-the case of a motor vehicle sold to a person who lives 200
1399-outside of this state and intends to register the vehicle 201
1400-outside of this state or a motor vehicle having less than 202
1401-thirty thousand miles for the three-year period following 203
1402-the model year of manufacture, the licensed new or used 204
1403-motor vehicle dealer shall collect the same fee as 205
1404-authorized in section 307.365 for making the inspection, and 206
1405-the fee shall be deposited in the same manner as provided in 207
1406-section 307.365. If the vehicle is also to be registered in 208
1407-Missouri, the safety inspection required in chapter 307 and 209
1408-the emissions inspection required under chapter 643 shall be 210 SCS HCS HBs 799, 334, 44
1409- 424 & 1069
1410-completed and only the fees required by section 307.365 and 211
1411-section 643.315 shall be charged to the owner. This section 212
1412-shall not apply to vehicles being transferred on a 213
1413-manufacturer's statement of origin. 214
1414- 11. Motor vehicles brought into this state in a 215
1415-wrecked or damaged condition or after being towed as an 216
1416-abandoned vehicle pursuant to another state's abandoned 217
1417-motor vehicle procedures shall, in lieu of the inspection 218
1418-required by subsection 10 of this section, be inspected by 219
1419-the Missouri state highway patrol in accordance with 220
1420-subsection 9 of this section. If the inspection reveals the 221
1421-vehicle to be in a salvage or junk condition, the director 222
1422-shall so indicate on any Missouri certificate of ownership 223
1423-issued for such vehicle. Any salvage designation shall be 224
1424-carried forward on all subsequently issued certificates of 225
1425-title for the motor vehicle. 226
1426- 12. When an application is made for an original 227
1427-Missouri certificate of ownership for a motor vehicle 228
1428-previously registered or titled in a state other than 229
1429-Missouri, and the certificate of ownership has been 230
1430-appropriately designated by the issuing state as a 231
1431-reconstructed motor vehicle, motor change vehicle, specially 232
1432-constructed motor vehicle, or prior salvage vehicle, the 233
1433-director of revenue shall appropriately designate on the 234
1434-current Missouri and all subsequent issues of the 235
1435-certificate of ownership the name of the issuing state and 236
1436-such prior designation. The absence of any prior 237
1437-designation shall not relieve a transferor of the duty to 238
1438-exercise due diligence with regard to such certificate of 239
1439-ownership prior to the transfer of a certificate. If a 240
1440-transferor exercises any due diligence with regard to a 241
1441-certificate of ownership, the legal transfer of a 242 SCS HCS HBs 799, 334, 45
1442- 424 & 1069
1443-certificate of ownership without any designation that is 243
1444-subsequently discovered to have or should have had a 244
1445-designation shall be a transfer free and clear of any 245
1446-liabilities of the transferor associated with the missing 246
1447-designation. 247
1448- 13. When an application is made for an original 248
1449-Missouri certificate of ownership for a motor vehicle 249
1450-previously registered or titled in a state other than 250
1451-Missouri, and the certificate of ownership has been 251
1452-appropriately designated by the issuing state as non-USA-std 252
1453-motor vehicle, the director of revenue shall appropriately 253
1454-designate on the current Missouri and all subsequent issues 254
1455-of the certificate of ownership the words "Non-USA-Std Motor 255
1456-Vehicle". 256
1457- 14. The director of revenue and the superintendent of 257
1458-the Missouri state highway patrol shall make and enforce 258
1459-rules for the administration of the inspections required by 259
1460-this section. 260
1461- 15. Each application for an original Missouri 261
1462-certificate of ownership for a vehicle which is classified 262
1463-as a reconstructed motor vehicle, manufactured forty or more 263
1464-years prior to the current model year, and which has a value 264
1465-of three thousand dollars or less shall be accompanied by: 265
1466- (1) A proper affidavit submitted by the owner 266
1467-explaining how the motor vehicle or trailer was acquired 267
1468-and, if applicable, the reasons a valid certificate of 268
1469-ownership cannot be furnished; 269
1470- (2) Photocopies of receipts, bills of sale 270
1471-establishing ownership, or titles, and the source of all 271
1472-major component parts used to rebuild the vehicle; 272
1473- (3) A fee of one hundred fifty dollars in addition to 273
1474-the fees described in subsection 5 of this section. Such 274 SCS HCS HBs 799, 334, 46
1475- 424 & 1069
1476-fee shall be deposited in the state treasury to the credit 275
1477-of the state highways and transportation department fund; and 276
1478- (4) An inspection certificate, other than a motor 277
1479-vehicle examination certificate required under subsection 9 278
1480-of this section, completed and issued by the Missouri state 279
1481-highway patrol, or other law enforcement agency as 280
1482-authorized by the director of revenue. The inspection 281
1483-performed by the highway patrol or other authorized local 282
1484-law enforcement agency shall include a check for stolen 283
1485-vehicles. 284
1486-The department of revenue shall issue the owner a 285
1487-certificate of ownership designated with the words 286
1488-"Reconstructed Motor Vehicle" and deliver such certificate 287
1489-of ownership in accordance with the provisions of this 288
1490-chapter. Notwithstanding subsection 9 of this section, no 289
1491-owner of a reconstructed motor vehicle described in this 290
1492-subsection shall be required to obtain a vehicle examination 291
1493-certificate issued by the Missouri state highway patrol. 292
1494- 301.448. Any person who has served and was honorably 1
1495-discharged or currently serves in [any branch of the United 2
1496-States Armed Forces] the United States Army, Marine Corps, 3
1497-Navy, Air Force, Space Force, Coast Guard, or National 4
1498-Guard, or in the reserves for any such branch, [the United 5
1499-States Coast Guard or reserve,] the United States Merchant 6
1500-Marines or reserve, or the Missouri National Guard, or any 7
1501-subdivision of any of such services or a member of the 8
1502-United States Marine Corps League may apply for special 9
1503-motor vehicle license plates, either solely or jointly, for 10
1504-issuance either to passenger motor vehicles subject to the 11
1505-registration fees provided in section 301.055, or to 12
1506-nonlocal property-carrying commercial motor vehicles 13 SCS HCS HBs 799, 334, 47
1507- 424 & 1069
1508-licensed for a gross weight of six thousand pounds up 14
1509-through and including twenty-four thousand pounds as 15
1510-provided in section 301.057. Any such person shall make 16
1511-application for the special license plates on a form 17
1512-provided by the director of revenue and furnish such proof 18
1513-that such person is a member or former member of any such 19
1514-branch of service as the director may require. Upon 20
1515-presentation of the proof of eligibility and annual payment 21
1516-of the fee required for personalized license plates in 22
1517-section 301.144, and other fees and documents which may be 23
1518-required by law, the department shall issue personalized 24
1519-license plates which shall bear the seal, logo or emblem, 25
1520-along with a word or words designating the branch or 26
1521-subdivision of such service for which the person applies. 27
1522-All seals, logos, emblems or special symbols shall become an 28
1523-integral part of the license plate; however, no plate shall 29
1524-contain more than one seal, logo, emblem or special symbol 30
1525-and the design of such plates shall be approved by the 31
1526-advisory committee established in section 301.129 and by the 32
1527-branch or subdivision of such service or the Marine Corps 33
1528-League prior to issuing such plates. The plates shall have 34
1529-a white background with a blue and red configuration at the 35
1530-discretion of the advisory committee established in section 36
1531-301.129. The plates shall be clearly visible at night and 37
1532-shall be aesthetically attractive, as prescribed by section 38
1533-301.130. The bidding process used to select a vendor for 39
1534-the material to manufacture the license plates authorized by 40
1535-this section shall consider the aesthetic appearance of the 41
1536-plate. The director of revenue shall make necessary rules 42
1537-and regulations for the enforcement of this section, and 43
1538-shall design all necessary forms. All license plates issued 44
1539-under this provision must be renewed in accordance with 45 SCS HCS HBs 799, 334, 48
1540- 424 & 1069
1541-law. License plates issued under the provisions of this 46
1542-section shall not be transferable to any other person, 47
1543-except that any registered co-owner of the motor vehicle 48
1544-shall be entitled to operate the motor vehicle for the 49
1545-duration of the year licensed, in the event of the death of 50
1546-the qualified applicant. 51
1547- 301.469. 1. Any vehicle owner may receive license 1
1548-plates as prescribed in this section, for any motor vehicle 2
1549-such person owns, either solely or jointly, other than an 3
1550-apportioned motor vehicle or a commercial motor vehicle 4
1551-licensed in excess of twenty-four thousand pounds gross 5
1552-weight, after an annual payment of an emblem-use 6
1553-authorization fee to the Missouri conservation heritage 7
1554-foundation. The foundation hereby authorizes the use of its 8
1555-official emblems to be affixed on multiyear license plates 9
1556-as provided in this section. Any vehicle owner may annually 10
1557-apply for the use of the emblems. 11
1558- 2. Upon annual application and payment of a twenty- 12
1559-five dollar emblem-use authorization fee to the Missouri 13
1560-conservation heritage foundation, the foundation shall issue 14
1561-to the vehicle owner, without further charge, an emblem-use 15
1562-authorization statement, which shall be presented to the 16
1563-director of the department of revenue at the time of 17
1564-registration of a motor vehicle. 18
1565- 3. Upon presentation of the annual statement, payment 19
1566-of a fifteen dollar fee in addition to the regular 20
1567-registration fees and documents which may be required by 21
1568-law, the director of the department of revenue shall issue a 22
1569-license plate, which shall bear an emblem of the Missouri 23
1570-conservation heritage foundation in a form prescribed by the 24
1571-director, to the vehicle owner. Such license plates shall 25
1572-be made with fully reflective material with a common color 26 SCS HCS HBs 799, 334, 49
1573- 424 & 1069
1574-scheme and design, shall be clearly visible at night, and 27
1575-shall be aesthetically attractive, as prescribed by section 28
1576-301.130. Notwithstanding the provisions of section 301.144, 29
1577-no additional fee shall be charged for the personalization 30
1578-of license plates pursuant to this section. 31
1579- 4. Application for the emblem-use authorization and 32
1580-payment of the twenty-five-dollar contribution may also be 33
1581-made at the time of registration to the director of the 34
1582-department of revenue, who shall deposit the contribution to 35
1583-the credit of the Missouri conservation heritage foundation. 36
1584- 5. A vehicle owner, who was previously issued a plate 37
1585-with a Missouri conservation heritage foundation emblem 38
1586-authorized by this section but who does not provide an 39
1587-emblem-use authorization statement at a subsequent time of 40
1588-registration, shall be issued a new plate which does not 41
1589-bear the foundation emblem, as otherwise provided by law. 42
1590- [5.] 6. The director of the department of revenue may 43
1591-promulgate rules and regulations for the administration of 44
1592-this section. Any rule or portion of a rule, as that term 45
1593-is defined in section 536.010, that is promulgated under the 46
1594-authority delegated in this section shall become effective 47
1595-only if it has been promulgated pursuant to the provisions 48
1596-of chapter 536. All rulemaking authority delegated prior to 49
1597-August 28, 1999, is of no force and effect; however, nothing 50
1598-in this section shall be interpreted to repeal or affect the 51
1599-validity of any rule filed or adopted prior to August 28, 52
1600-1999, if it fully complied with the provisions of chapter 53
1601-536. This section and chapter 536 are nonseverable and if 54
1602-any of the powers vested with the general assembly pursuant 55
1603-to chapter 536 to review, to delay the effective date, or to 56
1604-disapprove and annul a rule are subsequently held 57
1605-unconstitutional, then the grant of rulemaking authority and 58 SCS HCS HBs 799, 334, 50
1606- 424 & 1069
1607-any rule proposed or adopted after August 28, 1999, shall be 59
1608-invalid and void. 60
1609- 301.558. 1. A motor vehicle dealer, trailer dealer, 1
1610-boat dealer, or powersport dealer may fill in the blanks on 2
1611-standardized forms in connection with the sale or lease of a 3
1612-new or used motor vehicle, trailer, vessel, or vessel 4
1613-trailer if the motor vehicle dealer, trailer dealer, boat 5
1614-dealer, or powersport dealer does not charge for the 6
1615-services of filling in the blanks or otherwise charge for 7
1616-preparing documents. 8
1617- 2. A motor vehicle dealer, trailer dealer, boat 9
1618-dealer, or powersport dealer may charge an administrative 10
1619-fee in connection with the sale or lease of a new or used 11
1620-motor vehicle, trailer, vessel, or vessel trailer for the 12
1621-storage of documents or any other administrative or clerical 13
1622-services not prohibited by this section. A portion of the 14
1623-administrative fee may result in profit to the motor vehicle 15
1624-dealer, trailer dealer, boat dealer, or powersport dealer. 16
1625- 3. (1) Ten percent of any fee authorized under this 17
1626-section and charged by motor vehicle dealers or trailer 18
1627-dealers shall be remitted to the motor vehicle 19
1628-administration technology fund established in this 20
1629-subsection, for the development of the system specified in 21
1630-this subsection. Following the development of the system 22
1631-specified in this subsection, the director of the department 23
1632-of revenue shall notify motor vehicle dealers and trailer 24
1633-dealers, and implement the system, and the percentage of any 25
1634-fee authorized under this section required to be remitted to 26
1635-the fund shall be reduced to [one] three and one-half 27
1636-percent, which shall be used for maintenance of the system. 28
1637-This subsection shall expire on January 1, 2037. 29 SCS HCS HBs 799, 334, 51
1638- 424 & 1069
1639- (2) There is hereby created in the state treasury the 30
1640-"Motor Vehicle Administration Technology Fund", which shall 31
1641-consist of money collected as specified in this subsection. 32
1642-The state treasurer shall be custodian of the fund. In 33
1643-accordance with sections 30.170 and 30.180, the state 34
1644-treasurer may approve disbursements. The fund shall be a 35
1645-dedicated fund and money in the fund shall be used solely by 36
1646-the department of revenue for the purpose of development and 37
1647-maintenance of a modernized, integrated system for the 38
1648-titling of vehicles, issuance and renewal of vehicle 39
1649-registrations, issuance and renewal of driver's licenses and 40
1650-identification cards, and perfection and release of liens 41
1651-and encumbrances on vehicles. 42
1652- (3) Notwithstanding the provisions of section 33.080 43
1653-to the contrary, any moneys remaining in the fund at the end 44
1654-of the biennium shall not revert to the credit of the 45
1655-general revenue fund. 46
1656- (4) The state treasurer shall invest moneys in the 47
1657-fund in the same manner as other funds are invested. Any 48
1658-interest and moneys earned on such investments shall be 49
1659-credited to the fund. 50
1660- 4. No motor vehicle dealer, trailer dealer, boat 51
1661-dealer, or powersport dealer that sells or leases new or 52
1662-used motor vehicles, trailers, vessels, or vessel trailers 53
1663-and imposes an administrative fee of five hundred dollars or 54
1664-less in connection with the sale or lease of a new or used 55
1665-motor vehicle, trailer, vessel, or vessel trailer for the 56
1666-storage of documents or any other administrative or clerical 57
1667-services shall be deemed to be engaging in the unauthorized 58
1668-practice of law. The maximum administrative fee permitted 59
1669-under this subsection shall be increased annually by an 60
1670-amount equal to the percentage change in the annual average 61 SCS HCS HBs 799, 334, 52
1671- 424 & 1069
1672-of the Consumer Price Index for All Urban Consumers or its 62
1673-successor index, as reported by the federal Bureau of Labor 63
1674-Statistics or its successor agency, or by zero, whichever is 64
1675-greater. The director of the department of revenue shall 65
1676-annually furnish the maximum administrative fee determined 66
1677-under this section to the secretary of state, who shall 67
1678-publish such value in the Missouri Register as soon as 68
1679-practicable after January fourteenth of each year. 69
1680- 5. If an administrative fee is charged under this 70
1681-section, the same administrative fee shall be charged to all 71
1682-retail customers unless the fee is limited by the dealer's 72
1683-franchise agreement to certain classes of customers. The 73
1684-fee shall be disclosed on the retail buyer's order form as a 74
1685-separate itemized charge. 75
1686- 6. A preliminary worksheet on which a sale price is 76
1687-computed and that is shown to the purchaser, a retail 77
1688-buyer's order form from the purchaser, or a retail 78
1689-installment contract shall include, in reasonable proximity 79
1690-to the place on the document where the administrative fee 80
1691-authorized by this section is disclosed, the amount of the 81
1692-administrative fee and the following notice in type that is 82
1693-boldfaced, capitalized, underlined, or otherwise 83
1694-conspicuously set out from the surrounding written material: 84
1695-"AN ADMINISTRATIVE FEE IS NOT AN OFFICIAL FEE 85
1696-AND IS NOT REQUIRED BY LAW BUT MAY BE CHARGED BY 86
1697-A DEALER. THIS ADMINISTRATIVE FEE MAY RESULT IN 87
1698-A PROFIT TO DEALER. NO PORTION OF THIS 88
1699-ADMINISTRATIVE FEE IS FOR THE DRAFTING, 89
1700-PREPARATION, OR COMPLETION OF DOCUMENTS OR THE 90
1701-PROVIDING OF LEGAL ADVICE. THIS NOTICE IS 91
1702-REQUIRED BY LAW.". 92 SCS HCS HBs 799, 334, 53
1703- 424 & 1069
1704- 7. The general assembly believes that an 93
1705-administrative fee charged in compliance with this section 94
1706-is not the unauthorized practice of law or the unauthorized 95
1707-business of law so long as the activity or service for which 96
1708-the fee is charged is in compliance with the provisions of 97
1709-this section and does not result in the waiver of any rights 98
1710-or remedies. Recognizing, however, that the judiciary is 99
1711-the sole arbitrator of what constitutes the practice of law, 100
1712-in the event that a court determines that an administrative 101
1713-fee charged in compliance with this section, and that does 102
1714-not waive any rights or remedies of the buyer, is the 103
1715-unauthorized practice of law or the unauthorized business of 104
1716-law, then no person who paid that administrative fee may 105
1717-recover said fee or treble damages, as permitted under 106
1718-section 484.020, and no person who charged that fee shall be 107
1719-guilty of a misdemeanor, as provided under section 484.020. 108
1720- 301.560. 1. In addition to the application forms 1
1721-prescribed by the department, each applicant shall submit 2
1722-the following to the department: 3
1723- (1) Every application other than a renewal application 4
1724-for a new motor vehicle franchise dealer shall include a 5
1725-certification that the applicant has a bona fide established 6
1726-place of business. Such application shall include an annual 7
1727-certification that the applicant has a bona fide established 8
1728-place of business for the first three years and only for 9
1729-every other year thereafter. The certification shall be 10
1730-performed by a uniformed member of the Missouri state 11
1731-highway patrol or authorized or designated employee 12
1732-stationed in the troop area in which the applicant's place 13
1733-of business is located; except that in counties of the first 14
1734-classification, certification may be performed by an officer 15
1735-of a metropolitan police department when the applicant's 16 SCS HCS HBs 799, 334, 54
1736- 424 & 1069
1737-established place of business of distributing or selling 17
1738-motor vehicles or trailers is in the metropolitan area where 18
1739-the certifying metropolitan police officer is employed. 19
1740-When the application is being made for licensure as a boat 20
1741-manufacturer or boat dealer, certification shall be 21
1742-performed by a uniformed member of the Missouri state 22
1743-highway patrol or authorized or designated employee 23
1744-stationed in the troop area in which the applicant's place 24
1745-of business is located or, if the applicant's place of 25
1746-business is located within the jurisdiction of a 26
1747-metropolitan police department in a first class county, by 27
1748-an officer of such metropolitan police department. A bona 28
1749-fide established place of business for any new motor vehicle 29
1750-franchise dealer, used motor vehicle dealer, boat dealer, 30
1751-powersport dealer, wholesale motor vehicle dealer, trailer 31
1752-dealer, or wholesale or public auction shall be a permanent 32
1753-enclosed building or structure, either owned in fee or 33
1754-leased and actually occupied as a place of business by the 34
1755-applicant for the selling, bartering, trading, servicing, or 35
1756-exchanging of motor vehicles, boats, personal watercraft, or 36
1757-trailers and wherein the public may contact the owner or 37
1758-operator at any reasonable time, and wherein shall be kept 38
1759-and maintained the books, records, files and other matters 39
1760-required and necessary to conduct the business. The 40
1761-applicant shall maintain a working telephone number during 41
1762-the entire registration year which will allow the public, 42
1763-the department, and law enforcement to contact the applicant 43
1764-during regular business hours. The applicant shall also 44
1765-maintain an email address during the entire registration 45
1766-year which may be used for official correspondence with the 46
1767-department. In order to qualify as a bona fide established 47
1768-place of business for all applicants licensed pursuant to 48 SCS HCS HBs 799, 334, 55
1769- 424 & 1069
1770-this section there shall be an exterior sign displayed 49
1771-carrying the name of the business set forth in letters at 50
1772-least six inches in height and clearly visible to the public 51
1773-and there shall be an area or lot which shall not be a 52
1774-public street on which multiple vehicles, boats, personal 53
1775-watercraft, or trailers may be displayed. The sign shall 54
1776-contain the name of the dealership by which it is known to 55
1777-the public through advertising or otherwise, which need not 56
1778-be identical to the name appearing on the dealership's 57
1779-license so long as such name is registered as a fictitious 58
1780-name with the secretary of state, has been approved by its 59
1781-line-make manufacturer in writing in the case of a new motor 60
1782-vehicle franchise dealer and a copy of such fictitious name 61
1783-registration has been provided to the department. Dealers 62
1784-who sell only emergency vehicles as defined in section 63
1785-301.550 are exempt from maintaining a bona fide place of 64
1786-business, including the related law enforcement 65
1787-certification requirements, and from meeting the minimum 66
1788-yearly sales; 67
1789- (2) The initial application for licensure shall 68
1790-include a photograph, not to exceed eight inches by ten 69
1791-inches but no less than five inches by seven inches, showing 70
1792-the business building, lot, and sign. A new motor vehicle 71
1793-franchise dealer applicant who has purchased a currently 72
1794-licensed new motor vehicle franchised dealership shall be 73
1795-allowed to submit a photograph of the existing dealership 74
1796-building, lot and sign but shall be required to submit a new 75
1797-photograph upon the installation of the new dealership sign 76
1798-as required by sections 301.550 to 301.580. Applicants 77
1799-shall not be required to submit a photograph annually unless 78
1800-the business has moved from its previously licensed 79 SCS HCS HBs 799, 334, 56
1801- 424 & 1069
1802-location, or unless the name of the business or address has 80
1803-changed, or unless the class of business has changed; 81
1804- (3) Every applicant as a new motor vehicle franchise 82
1805-dealer, a used motor vehicle dealer, a powersport dealer, a 83
1806-wholesale motor vehicle dealer, trailer dealer, or boat 84
1807-dealer shall furnish with the application a corporate surety 85
1808-bond or an irrevocable letter of credit as defined in 86
1809-section 400.5-102, issued by any state or federal financial 87
1810-institution in the penal sum of fifty thousand dollars on a 88
1811-form approved by the department. The bond or irrevocable 89
1812-letter of credit shall be conditioned upon the dealer 90
1813-complying with the provisions of the statutes applicable to 91
1814-new motor vehicle franchise dealers, used motor vehicle 92
1815-dealers, powersport dealers, wholesale motor vehicle 93
1816-dealers, trailer dealers, and boat dealers, and the bond 94
1817-shall be an indemnity for any loss sustained by reason of 95
1818-the acts of the person bonded when such acts constitute 96
1819-grounds for the suspension or revocation of the dealer's 97
1820-license. The bond shall be executed in the name of the 98
1821-state of Missouri for the benefit of all aggrieved parties 99
1822-or the irrevocable letter of credit shall name the state of 100
1823-Missouri as the beneficiary; except, that the aggregate 101
1824-liability of the surety or financial institution to the 102
1825-aggrieved parties shall, in no event, exceed the amount of 103
1826-the bond or irrevocable letter of credit. Additionally, 104
1827-every applicant as a new motor vehicle franchise dealer, a 105
1828-used motor vehicle dealer, a powersport dealer, a wholesale 106
1829-motor vehicle dealer, or boat dealer shall furnish with the 107
1830-application a copy of a current dealer garage policy bearing 108
1831-the policy number and name of the insurer and the insured. 109
1832-The proceeds of the bond or irrevocable letter of credit 110
1833-furnished by an applicant shall be paid upon receipt by the 111 SCS HCS HBs 799, 334, 57
1834- 424 & 1069
1835-department of a final judgment from a Missouri court of 112
1836-competent jurisdiction against the principal and in favor of 113
1837-an aggrieved party. The proceeds of the bond or irrevocable 114
1838-letter of credit furnished by an applicant shall be paid at 115
1839-the order of the department and in the amount determined by 116
1840-the department to any buyer or interested lienholder up to 117
1841-the greater of the amount required for the release of the 118
1842-purchase money lien or the sales price paid by the buyer 119
1843-where a dealer has failed to fulfill the dealer's 120
1844-obligations under an agreement to assign and deliver title 121
1845-to the buyer within thirty days under a contract entered 122
1846-into pursuant to subsection 5 of section 301.210. The 123
1847-department shall direct release of the bond or irrevocable 124
1848-letter of credit proceeds upon presentation of a written 125
1849-agreement entered into pursuant to subsection 5 of section 126
1850-301.210, copies of the associated sales and finance 127
1851-documents, and the affidavit or affidavits of the buyer or 128
1852-lienholder stating that the certificate of title with 129
1853-assignment thereof has not been passed to the buyer within 130
1854-thirty days of the date of the contract entered into under 131
1855-subsection 5 of section 301.210, that the dealer has not 132
1856-fulfilled the agreement under the contract to repurchase the 133
1857-vehicle, that the buyer or the lienholder has notified the 134
1858-dealer of the claim on the bond or letter of credit, and the 135
1859-amount claimed by the purchaser or lienholder. In addition, 136
1860-prior to directing release and payment of the proceeds of a 137
1861-bond or irrevocable letter of credit, the department shall 138
1862-ensure that there is satisfactory evidence to establish that 139
1863-the vehicle which is subject to the written agreement has 140
1864-been returned by the buyer to the dealer or that the buyer 141
1865-has represented to the department that the buyer will 142
1866-surrender possession of the vehicle to the dealer upon 143 SCS HCS HBs 799, 334, 58
1867- 424 & 1069
1868-payment of the proceeds of the bond or letter of credit 144
1869-directed by the department. Excepting ordinary wear and 145
1870-tear or mechanical failures not caused by the buyer, the 146
1871-amount of proceeds to be paid to the buyer under the bond or 147
1872-irrevocable letter of credit shall be reduced by an amount 148
1873-equivalent to any damage, abuse, or destruction incurred by 149
1874-the vehicle while the vehicle was in the buyer's possession 150
1875-as agreed between the buyer and the dealer. The dealer may 151
1876-apply to a court of competent jurisdiction to contest the 152
1877-claim on the bond or letter of credit, including the amount 153
1878-of the claim and the amount of any adjustment for any 154
1879-damage, abuse, or destruction, by filing a petition with the 155
1880-court within thirty days of the notification by the buyer or 156
1881-lienholder. If the dealer does not fulfill the agreement or 157
1882-file a petition to request judicial relief from the terms of 158
1883-the agreement or contest the amount of the claim, the bond 159
1884-or letter of credit shall be released by the department and 160
1885-directed paid in the amount or amounts presented by the 161
1886-lienholder or buyer; 162
1887- (4) Payment of all necessary license fees as 163
1888-established by the department. In establishing the amount 164
1889-of the annual license fees, the department shall, as near as 165
1890-possible, produce sufficient total income to offset 166
1891-operational expenses of the department relating to the 167
1892-administration of sections 301.550 to 301.580. All fees 168
1893-payable pursuant to the provisions of sections 301.550 to 169
1894-301.580[, other than those fees collected for the issuance 170
1895-of dealer plates or certificates of number collected 171
1896-pursuant to subsection 6 of this section,] shall be 172
1897-collected by the department for deposit in the state 173
1898-treasury to the credit of the "Motor Vehicle Commission 174
1899-Fund", which is hereby created. The motor vehicle 175 SCS HCS HBs 799, 334, 59
1900- 424 & 1069
1901-commission fund shall be administered by the Missouri 176
1902-department of revenue. The provisions of section 33.080 to 177
1903-the contrary notwithstanding, money in such fund shall not 178
1904-be transferred and placed to the credit of the general 179
1905-revenue fund until the amount in the motor vehicle 180
1906-commission fund at the end of the biennium exceeds two times 181
1907-the amount of the appropriation from such fund for the 182
1908-preceding fiscal year or, if the department requires permit 183
1909-renewal less frequently than yearly, then three times the 184
1910-appropriation from such fund for the preceding fiscal year. 185
1911-The amount, if any, in the fund which shall lapse is that 186
1912-amount in the fund which exceeds the multiple of the 187
1913-appropriation from such fund for the preceding fiscal year. 188
1914- 2. In the event a new vehicle manufacturer, boat 189
1915-manufacturer, motor vehicle dealer, wholesale motor vehicle 190
1916-dealer, boat dealer, powersport dealer, wholesale motor 191
1917-vehicle auction, trailer dealer, or a public motor vehicle 192
1918-auction submits an application for a license for a new 193
1919-business and the applicant has complied with all the 194
1920-provisions of this section, the department shall make a 195
1921-decision to grant or deny the license to the applicant 196
1922-within eight working hours after receipt of the dealer's 197
1923-application, notwithstanding any rule of the department. 198
1924- 3. Except as otherwise provided in subsection 6 of 199
1925-this section, upon the initial issuance of a license by the 200
1926-department, the department shall assign a distinctive dealer 201
1927-license number or certificate of number to the applicant and 202
1928-the department shall issue one number plate or certificate 203
1929-bearing the distinctive dealer license number or certificate 204
1930-of number and two additional number plates or certificates 205
1931-of number within eight working hours after presentment of 206
1932-the application and payment by the applicant of a fee of 207 SCS HCS HBs 799, 334, 60
1933- 424 & 1069
1934-fifty dollars for the first plate or certificate and ten 208
1935-dollars and fifty cents for each additional plate or 209
1936-certificate. Upon renewal, the department shall issue [the 210
1937-distinctive dealer license number or certificate of number] 211
1938-a renewal tab to be placed on the lower right corner of the 212
1939-plate or certificate as quickly as possible. The fee for 213
1940-the tabs shall be twenty-five dollars for the first tab and 214
1941-six dollars for each additional tab. The issuance of such 215
1942-distinctive dealer license number or certificate of number, 216
1943-and tab or tabs, shall be in lieu of registering each motor 217
1944-vehicle, trailer, vessel or vessel trailer dealt with by a 218
1945-boat dealer, boat manufacturer, manufacturer, public motor 219
1946-vehicle auction, wholesale motor vehicle dealer, wholesale 220
1947-motor vehicle auction or new or used motor vehicle dealer. 221
1948-The license plates described in this section shall be made 222
1949-with fully reflective material with a common color scheme 223
1950-and design, shall be clearly visible at night, and shall be 224
1951-aesthetically attractive, as prescribed by section 301.130. 225
1952- 4. Notwithstanding any other provision of the law to 226
1953-the contrary, the department shall assign the following 227
1954-distinctive dealer license numbers to: 228
1955-229
1956-230
1957- New motor vehicle franchise
1958-dealers
1959-D-0 through D-999
1960-231 New powersport dealers D-1000 through D-1999
1961-232
1962-233
1963- Used motor vehicle and used
1964-powersport dealers
1965-D-2000 through D-9999
1966-234 Wholesale motor vehicle dealers W-0 through W-1999
1967-235
1968-236
1969- Wholesale motor vehicle auctions WA-0 through WA-999
1970-237 New and used trailer dealers T-0 through T-9999
1971-238
1972-239
1973- Motor vehicle, trailer, and boat
1974-manufacturers
1975-DM-0 through DM-999 SCS HCS HBs 799, 334, 61
1976- 424 & 1069
1977-For purposes of this subsection, qualified transactions 244
1978-shall include the purchase of salvage titled vehicles by a 245
1979-licensed salvage dealer. A used motor vehicle dealer who 246
1980-also holds a salvage dealer's license shall be allowed one 247
1981-additional plate or certificate number per fifty-unit 248
1982-qualified transactions annually. In order for salvage 249
1983-dealers to obtain number plates or certificates under this 250
1984-section, dealers shall submit to the department of revenue 251
1985-on August first of each year a statement certifying, under 252
1986-penalty of perjury, the dealer's number of purchases during 253
1987-the reporting period of July first of the immediately 254
1988-preceding year to June thirtieth of the present year. The 255
1989-provisions of this subsection shall become effective on the 256
1990-date the director of the department of revenue begins to 257
1991-reissue new license plates under section 301.130, or on 258
1992-December 1, 2008, whichever occurs first. If the director 259
1993-of revenue begins reissuing new license plates under the 260
1994-authority granted under section 301.130 prior to December 1, 261
1995-2008, the director of the department of revenue shall notify 262
1996-the revisor of statutes of such fact. 263
1997- 5. Upon the sale of a currently licensed motor vehicle 264
1998-dealership the department shall, upon request, authorize the 265
1999-new approved dealer applicant to retain the selling dealer's 266
2000-license number and shall cause the new dealer's records to 267
2001-indicate such transfer. If the new approved dealer 268
2002-applicant elects not to retain the selling dealer's license 269
2003-240 Public motor vehicle auctions A-0 through A-1999
2004-241 Boat dealers M-0 through M-9999
2005-242
2006-243
2007- New and used recreational motor
2008-vehicle dealers
2009-RV-0 through RV-999 SCS HCS HBs 799, 334, 62
2010- 424 & 1069
2011-number, the department shall issue the new dealer applicant 270
2012-a new dealer's license number and an equal number of plates 271
2013-or certificates as the department had issued to the selling 272
2014-dealer. 273
2015- 6. In the case of motor vehicle dealers, the 274
2016-department shall issue one number plate bearing the 275
2017-distinctive dealer license number and may issue one 276
2018-additional number plate to the applicant upon payment by the 277
2019-dealer of a fifty dollar fee for the number plate bearing 278
2020-the distinctive dealer license number and ten dollars and 279
2021-fifty cents for the additional number plate. The department 280
2022-may issue a third plate to the motor vehicle dealer upon 281
2023-completion of the dealer's fifteenth qualified transaction 282
2024-and payment of a fee of ten dollars and fifty cents. In the 283
2025-case of new motor vehicle manufacturers, powersport dealers, 284
2026-recreational motor vehicle dealers, and trailer dealers, the 285
2027-department shall issue one number plate bearing the 286
2028-distinctive dealer license number and may issue two 287
2029-additional number plates to the applicant upon payment by 288
2030-the manufacturer or dealer of a fifty dollar fee for the 289
2031-number plate bearing the distinctive dealer license number 290
2032-and ten dollars and fifty cents for each additional number 291
2033-plate. Boat dealers and boat manufacturers shall be 292
2034-entitled to one certificate of number bearing such number 293
2035-upon the payment of a fifty dollar fee. Additional number 294
2036-plates and as many additional certificates of number may be 295
2037-obtained upon payment of a fee of ten dollars and fifty 296
2038-cents for each additional plate or certificate. New motor 297
2039-vehicle manufacturers shall not be issued or possess more 298
2040-than three hundred forty-seven additional number plates or 299
2041-certificates of number annually. New and used motor vehicle 300
2042-dealers, powersport dealers, wholesale motor vehicle 301 SCS HCS HBs 799, 334, 63
2043- 424 & 1069
2044-dealers, boat dealers, and trailer dealers are limited to 302
2045-one additional plate or certificate of number per ten-unit 303
2046-qualified transactions annually. New and used recreational 304
2047-motor vehicle dealers are limited to two additional plates 305
2048-or certificate of number per ten-unit qualified transactions 306
2049-annually for their first fifty transactions and one 307
2050-additional plate or certificate of number per ten-unit 308
2051-qualified transactions thereafter. An applicant seeking the 309
2052-issuance of an initial license shall indicate on his or her 310
2053-initial application the applicant's proposed annual number 311
2054-of sales in order for the director to issue the appropriate 312
2055-number of additional plates or certificates of number. A 313
2056-motor vehicle dealer, trailer dealer, boat dealer, 314
2057-powersport dealer, recreational motor vehicle dealer, motor 315
2058-vehicle manufacturer, boat manufacturer, or wholesale motor 316
2059-vehicle dealer obtaining a distinctive dealer license plate 317
2060-or certificate of number or additional license plate or 318
2061-additional certificate of number, throughout the calendar 319
2062-year, shall be required to pay a fee for such license plates 320
2063-or certificates of number computed on the basis of one- 321
2064-twelfth of the full fee prescribed for the original and 322
2065-duplicate number plates or certificates of number for such 323
2066-dealers' licenses, multiplied by the number of months 324
2067-remaining in the licensing period for which the dealer or 325
2068-manufacturers shall be required to be licensed. In the 326
2069-event of a renewing dealer, the fee due at the time of 327
2070-renewal shall not be prorated. Wholesale and public 328
2071-auctions shall be issued a certificate of dealer 329
2072-registration in lieu of a dealer number plate. In order for 330
2073-dealers to obtain number plates or certificates under this 331
2074-section, dealers shall submit to the department of revenue 332
2075-on August first of each year a statement certifying, under 333 SCS HCS HBs 799, 334, 64
2076- 424 & 1069
2077-penalty of perjury, the dealer's number of sales during the 334
2078-reporting period of July first of the immediately preceding 335
2079-year to June thirtieth of the present year. 336
2080- 7. The plates issued pursuant to subsection 3 or 6 of 337
2081-this section may be displayed on any motor vehicle owned by 338
2082-a new motor vehicle manufacturer. The plates issued 339
2083-pursuant to subsection 3 or 6 of this section may be 340
2084-displayed on any motor vehicle or trailer owned and held for 341
2085-resale by a motor vehicle dealer for use by a customer who 342
2086-is test driving the motor vehicle, for use by any customer 343
2087-while the customer's vehicle is being serviced or repaired 344
2088-by the motor vehicle dealer, for use and display purposes 345
2089-during, but not limited to, parades, private events, 346
2090-charitable events, or for use by an employee or officer, but 347
2091-shall not be displayed on any motor vehicle or trailer hired 348
2092-or loaned to others or upon any regularly used service or 349
2093-wrecker vehicle. Motor vehicle dealers may display their 350
2094-dealer plates on a tractor, truck or trailer to demonstrate 351
2095-a vehicle under a loaded condition. Trailer dealers may 352
2096-display their dealer license plates in like manner, except 353
2097-such plates may only be displayed on trailers owned and held 354
2098-for resale by the trailer dealer. 355
2099- 8. The certificates of number issued pursuant to 356
2100-subsection 3 or 6 of this section may be displayed on any 357
2101-vessel or vessel trailer owned and held for resale by a boat 358
2102-manufacturer or a boat dealer, and used by a customer who is 359
2103-test driving the vessel or vessel trailer, or is used by an 360
2104-employee or officer on a vessel or vessel trailer only, but 361
2105-shall not be displayed on any motor vehicle owned by a boat 362
2106-manufacturer, boat dealer, or trailer dealer, or vessel or 363
2107-vessel trailer hired or loaned to others or upon any 364
2108-regularly used service vessel or vessel trailer. Boat 365 SCS HCS HBs 799, 334, 65
2109- 424 & 1069
2110-dealers and boat manufacturers may display their certificate 366
2111-of number on a vessel or vessel trailer when transporting a 367
2112-vessel or vessels to an exhibit or show. 368
2113- 9. If any law enforcement officer has probable cause 369
2114-to believe that any license plate or certificate of number 370
2115-issued under subsection 3 or 6 of this section is being 371
2116-misused in violation of subsection 7 or 8 of this section, 372
2117-the license plate or certificate of number may be seized and 373
2118-surrendered to the department. 374
2119- 10. (1) Every application for the issuance of a used 375
2120-motor vehicle dealer's license shall be accompanied by proof 376
2121-that the applicant, within the last twelve months, has 377
2122-completed an educational seminar course approved by the 378
2123-department as prescribed by subdivision (2) of this 379
2124-subsection. Wholesale and public auto auctions and 380
2125-applicants currently holding a new or used license for a 381
2126-separate dealership shall be exempt from the requirements of 382
2127-this subsection. The provisions of this subsection shall 383
2128-not apply to current new motor vehicle franchise dealers or 384
2129-motor vehicle leasing agencies or applicants for a new motor 385
2130-vehicle franchise or a motor vehicle leasing agency. The 386
2131-provisions of this subsection shall not apply to used motor 387
2132-vehicle dealers who were licensed prior to August 28, 2006. 388
2133- (2) The educational seminar shall include, but is not 389
2134-limited to, the dealer requirements of sections 301.550 to 390
2135-301.580, the rules promulgated to implement, enforce, and 391
2136-administer sections 301.550 to 301.580, and any other rules 392
2137-and regulations promulgated by the department. 393
2138- 301.570. 1. It shall be unlawful for any person, 1
2139-partnership, corporation, company or association, unless the 2
2140-seller is a financial institution, or is selling repossessed 3
2141-motor vehicles or is disposing of vehicles used and titled 4 SCS HCS HBs 799, 334, 66
2142- 424 & 1069
2143-solely in its ordinary course of business or is a collector 5
2144-of antique motor vehicles, to sell or display with an intent 6
2145-to sell [six] eight or more motor vehicles in a calendar 7
2146-year, except when such motor vehicles are registered in the 8
2147-name of the seller, unless such person, partnership, 9
2148-corporation, company or association is: 10
2149- (1) Licensed as a motor vehicle dealer by the 11
2150-department under the provisions of sections 301.550 to 12
2151-301.580; 13
2152- (2) Exempt from licensure as a motor vehicle dealer 14
2153-pursuant to subsection 4 of section 301.559; 15
2154- (3) Selling commercial motor vehicles with a gross 16
2155-weight of at least nineteen thousand five hundred pounds, 17
2156-but only with respect to such commercial motor vehicles; 18
2157- (4) An auctioneer, acting at the request of the owner 19
2158-at an auction, when such auction is not a public motor 20
2159-vehicle auction. 21
2160- 2. Any person, partnership, corporation, company or 22
2161-association that has reason to believe that the provisions 23
2162-of this section are being violated shall file a complaint 24
2163-with the prosecuting attorney in the county in which the 25
2164-violation occurred. The prosecuting attorney shall 26
2165-investigate the complaint and take appropriate action. 27
2166- 3. For the purposes of sections 301.550 to 301.580, 28
2167-the sale, barter, exchange, lease or rental with option to 29
2168-purchase of [six] eight or more motor vehicles in a calendar 30
2169-year by any person, partnership, corporation, company or 31
2170-association, whether or not the motor vehicles are owned by 32
2171-them, shall be prima facie evidence of intent to make a 33
2172-profit or gain of money and such person, partnership, 34
2173-corporation, company or association shall be deemed to be 35
2174-acting as a motor vehicle dealer without a license. 36 SCS HCS HBs 799, 334, 67
2175- 424 & 1069
2176- 4. Any person, partnership, corporation, company or 37
2177-association who violates subsection 1 of this section is 38
2178-guilty of a class A misdemeanor. A second or subsequent 39
2179-conviction shall be deemed a class E felony. 40
2180- 5. The provisions of this section shall not apply to 41
2181-liquidation of an estate. 42
2182- 301.3181. Any person who served as a member of the 1
2183-Armed Forces of the United States in Afghanistan and Iraq, 2
2184-who was awarded the Afghanistan Campaign medal and the Iraq 3
2185-Campaign medal, may apply for Afghanistan and Iraq Veteran 4
2186-vehicle license plates, for any motor vehicle the person 5
2187-owns, either solely or jointly, other than an apportioned 6
2188-motor vehicle or a commercial motor vehicle licensed in 7
2189-excess of twenty-four thousand pounds gross weight. Any 8
2190-such person shall make application for the license plates 9
2191-authorized by this section on a form provided by the 10
2192-director of revenue and furnish such proof of service in 11
2193-Afghanistan and Iraq, the awarding of the Afghanistan 12
2194-Campaign medal and the Iraq Campaign medal, and status as 13
2195-currently serving in a branch of the Armed Forces of the 14
2196-United States or as an honorably discharged veteran as the 15
2197-director may require. Upon presentation of the proof of 16
2198-eligibility, payment of a fifteen-dollar fee in addition to 17
2199-the regular registration fees, and presentation of documents 18
2200-that may be required by law, the director shall then issue 19
2201-license plates bearing letters or numbers or a combination 20
2202-thereof as determined by the director, with the words 21
2203-"AFGHANISTAN & IRAQ VETERAN" in place of the words "SHOW-ME 22
2204-STATE". Such plates shall bear the Afghanistan Campaign 23
2205-medal and the Iraq Campaign medal on the left side, with the 24
2206-Afghanistan Campaign medal appearing farthest to the left 25
2207-and the Iraq Campaign medal appearing immediately to the 26 SCS HCS HBs 799, 334, 68
2208- 424 & 1069
2209-right of the Afghanistan Campaign medal. Notwithstanding 27
2210-the provisions of section 301.144 to the contrary, no 28
2211-additional fee shall be charged for the personalization of 29
2212-license plates issued pursuant to this section. The plates 30
2213-shall be clearly visible at night and shall be aesthetically 31
2214-attractive, as prescribed by section 301.130. There shall 32
2215-be no limit on the number of license plates any person 33
2216-qualified pursuant to this section may obtain so long as 34
2217-each set of license plates issued pursuant to this section 35
2218-is issued for a vehicle owned solely or jointly by such 36
2219-person. License plates issued pursuant to this section 37
2220-shall not be transferable to any other person except that 38
2221-any registered co-owner of the motor vehicle may operate the 39
2222-motor vehicle for the duration of the year licensed in the 40
2223-event of the death of the qualified person. 41
2224- 301.3182. Any person who served as a member of the 1
2225-Armed Forces of the United States in Afghanistan, who was 2
2226-awarded the Afghanistan Campaign medal, may apply for 3
2227-Afghanistan Veteran vehicle license plates, for any motor 4
2228-vehicle the person owns, either solely or jointly, other 5
2229-than an apportioned motor vehicle or a commercial motor 6
2230-vehicle licensed in excess of twenty-four thousand pounds 7
2231-gross weight. Any such person shall make application for 8
2232-the license plates authorized by this section on a form 9
2233-provided by the director of revenue and furnish such proof 10
2234-of service in Afghanistan, the awarding of the Afghanistan 11
2235-Campaign medal, and status as currently serving in a branch 12
2236-of the Armed Forces of the United States or as an honorably 13
2237-discharged veteran as the director may require. Upon 14
2238-presentation of the proof of eligibility, payment of a 15
2239-fifteen-dollar fee in addition to the regular registration 16
2240-fees, and presentation of documents that may be required by 17 SCS HCS HBs 799, 334, 69
2241- 424 & 1069
2242-law, the director shall then issue license plates bearing 18
2243-letters or numbers or a combination thereof as determined by 19
2244-the director, with the words "AFGHANISTAN VETERAN" in place 20
2245-of the words "SHOW-ME STATE". Such plates shall bear the 21
2246-Afghanistan Campaign medal on the left side. 22
2247-Notwithstanding the provisions of section 301.144 to the 23
2248-contrary, no additional fee shall be charged for the 24
2249-personalization of license plates issued pursuant to this 25
2250-section. The plates shall be clearly visible at night and 26
2251-shall be aesthetically attractive, as prescribed by section 27
2252-301.130. There shall be no limit on the number of license 28
2253-plates any person qualified pursuant to this section may 29
2254-obtain so long as each set of license plates issued pursuant 30
2255-to this section is issued for a vehicle owned solely or 31
2256-jointly by such person. License plates issued pursuant to 32
2257-this section shall not be transferable to any other person 33
2258-except that any registered co-owner of the motor vehicle may 34
2259-operate the motor vehicle for the duration of the year 35
2260-licensed in the event of the death of the qualified person. 36
2261- 307.350. 1. The owner of every motor vehicle as 1
2262-defined in section 301.010 which is required to be 2
2263-registered in this state, except: 3
2264- (1) Motor vehicles having less than one hundred fifty 4
2265-thousand miles[, for the ten-year period following their 5
2266-model year of manufacture] and of model year 2012 or newer, 6
2267-excluding prior salvage vehicles immediately following a 7
2268-rebuilding process and vehicles subject to the provisions of 8
2269-section 307.380; 9
2270- (2) Those motor vehicles which are engaged in 10
2271-interstate commerce and are proportionately registered in 11
2272-this state with the Missouri highway reciprocity commission, 12
2273-although the owner may request that such vehicle be 13 SCS HCS HBs 799, 334, 70
2274- 424 & 1069
2275-inspected by an official inspection station, and a peace 14
2276-officer may stop and inspect such vehicles to determine 15
2277-whether the mechanical condition is in compliance with the 16
2278-safety regulations established by the United States 17
2279-Department of Transportation; and 18
2280- (3) Historic motor vehicles registered pursuant to 19
2281-section 301.131; 20
2282- (4) Vehicles registered in excess of twenty-four 21
2283-thousand pounds for a period of less than twelve months; 22
2284-shall submit such vehicles to a biennial inspection of their 23
2285-mechanism and equipment in accordance with the provisions of 24
2286-sections 307.350 to 307.390 and obtain a certificate of 25
2287-inspection and approval and a sticker, seal, or other device 26
2288-from a duly authorized official inspection station. The 27
2289-inspection, except the inspection of school buses which 28
2290-shall be made at the time provided in section 307.375, shall 29
2291-be made at the time prescribed in the rules and regulations 30
2292-issued by the superintendent of the Missouri state highway 31
2293-patrol; but the inspection of a vehicle shall not be made 32
2294-more than sixty days prior to the date of application for 33
2295-registration or within sixty days of when a vehicle's 34
2296-registration is transferred; however, if a vehicle was 35
2297-purchased from a motor vehicle dealer and a valid inspection 36
2298-had been made within sixty days of the purchase date, the 37
2299-new owner shall be able to utilize an inspection performed 38
2300-within ninety days prior to the application for registration 39
2301-or transfer. [Any vehicle manufactured as an even-numbered 40
2302-model year vehicle shall be inspected and approved pursuant 41
2303-to the safety inspection program established pursuant to 42
2304-sections 307.350 to 307.390 in each even-numbered calendar 43
2305-year and any such vehicle manufactured as an odd-numbered 44 SCS HCS HBs 799, 334, 71
2306- 424 & 1069
2307-model year vehicle shall be inspected and approved pursuant 45
2308-to sections 307.350 to 307.390 in each odd-numbered year.] 46
2309-The certificate of inspection and approval shall be a 47
2310-sticker, seal, or other device or combination thereof, as 48
2311-the superintendent of the Missouri state highway patrol 49
2312-prescribes by regulation and shall be displayed upon the 50
2313-motor vehicle or trailer as prescribed by the regulations 51
2314-established by him. The replacement of certificates of 52
2315-inspection and approval which are lost or destroyed shall be 53
2316-made by the superintendent of the Missouri state highway 54
2317-patrol under regulations prescribed by him. 55
2318- 2. For the purpose of obtaining an inspection only, it 56
2319-shall be lawful to operate a vehicle over the most direct 57
2320-route between the owner's usual place of residence and an 58
2321-inspection station of such owner's choice, notwithstanding 59
2322-the fact that the vehicle does not have a current state 60
2323-registration license. It shall also be lawful to operate 61
2324-such a vehicle from an inspection station to another place 62
2325-where repairs may be made and to return the vehicle to the 63
2326-inspection station notwithstanding the absence of a current 64
2327-state registration license. 65
2328- 3. No person whose motor vehicle was duly inspected 66
2329-and approved as provided in this section shall be required 67
2330-to have the same motor vehicle again inspected and approved 68
2331-for the sole reason that such person wishes to obtain a set 69
2332-of any special personalized license plates available 70
2333-pursuant to section 301.144 or a set of any license plates 71
2334-available pursuant to section 301.142, prior to the 72
2335-expiration date of such motor vehicle's current registration. 73
2336- 4. Notwithstanding any provision of law to the 74
2337-contrary, a valid safety inspection shall be required for 75 SCS HCS HBs 799, 334, 72
2338- 424 & 1069
2339-all registration issuances and renewals for any motor 76
2340-vehicle subject to safety inspection under this section. 77
2341- 5. Notwithstanding the provisions of section 307.390, 78
2342-violation of this section shall be deemed an infraction. 79
2343- 307.380. 1. Every vehicle of the type required to be 1
2344-inspected upon having been involved in an accident and when 2
2345-so directed by a police officer must be inspected and an 3
2346-official certificate of inspection and approval, sticker, 4
2347-seal or other device be obtained for such vehicle before it 5
2348-is again operated on the highways of this state. 6
2349- 2. At the seller's expense every used motor vehicle of 7
2350-the type required to be inspected by section 307.350 shall 8
2351-immediately prior to sale be fully inspected regardless of 9
2352-any current certificate of inspection and approval, and an 10
2353-appropriate new certificate of inspection and approval, 11
2354-sticker, seal or other device shall be obtained no more than 12
2355-sixty days prior to the date of sale, except that such 13
2356-inspection shall not be required for a motor vehicle sold to 14
2357-a person who lives outside of this state and intends to 15
2358-register the vehicle outside of this state or for a motor 16
2359-vehicle having less than thirty thousand miles for the three- 17
2360-year period following the model year of manufacture when: 18
2361- (1) Sold by a private seller; or 19
2362- (2) Sold by a licensed new or used motor vehicle 20
2363-dealer, provided that such dealer has sold at least two 21
2364-hundred motor vehicles in the previous calendar year. 22
2365-The seller of a motor vehicle required to be inspected under 23
2366-this subsection shall present the certificate of inspection 24
2367-and approval to the buyer at the point of sale and the buyer 25
2368-shall be required to submit the certificate of inspection 26
2369-when applying for registration of the vehicle. 27 SCS HCS HBs 799, 334, 73
2370- 424 & 1069
2371- [2.] 3. Nothing contained in the provisions of this 28
2372-section shall be construed to prohibit a dealer or any other 29
2373-person from selling a vehicle without a certificate of 30
2374-inspection and approval if the vehicle is sold for junk, 31
2375-salvage, or for rebuilding, or for vehicles sold at public 32
2376-auction or from dealer to dealer. The purchaser of any 33
2377-vehicle which is purchased for junk, salvage, or for 34
2378-rebuilding shall give to the seller an affidavit, on a form 35
2379-prescribed by the superintendent of the Missouri state 36
2380-highway patrol, stating that the vehicle is being purchased 37
2381-for one of the reasons stated herein. No vehicle of the 38
2382-type required to be inspected by section 307.350 which is 39
2383-purchased as junk, salvage, or for rebuilding shall again be 40
2384-registered in this state until the owner has submitted the 41
2385-vehicle for inspection and obtained an official certificate 42
2386-of inspection and approval, sticker, seal or other device 43
2387-for such vehicle. 44
2388- [3.] 4. Notwithstanding the provisions of section 45
2389-307.390, violation of this section shall be deemed an 46
2390-infraction. 47
2391- 407.1034. Notwithstanding the terms of any franchise 1
2392-agreement, the performance, whether by act or omission, by a 2
2393-motorcycle or all-terrain vehicle franchisor of any or all 3
2394-of the following acts enumerated in this section are hereby 4
2395-defined as unlawful practices, the remedies for which are 5
2396-set forth in section 407.1043: 6
2397- (1) To engage in any conduct which is capricious, in 7
2398-bad faith, or unconscionable and which causes damage to a 8
2399-motorcycle or all-terrain vehicle franchisee or to the 9
2400-public; provided, that good faith conduct engaged in by 10
2401-motorcycle or all-terrain vehicle franchisors as sellers of 11
2402-new motorcycles, all-terrain vehicles or parts or as holders 12 SCS HCS HBs 799, 334, 74
2403- 424 & 1069
2404-of security interests therein, in pursuit of rights or 13
2405-remedies accorded to sellers of goods or to holders of 14
2406-security interests pursuant to the provisions of chapter 15
2407-400, uniform commercial code, shall not constitute unfair 16
2408-practices pursuant to sections 407.1025 to 407.1049; 17
2409- (2) To coerce any motorcycle or all-terrain vehicle 18
2410-franchisee to accept delivery of any new motorcycle, 19
2411-motorcycles, all-terrain vehicles, equipment, parts or 20
2412-accessories therefor, or any other commodity or commodities 21
2413-which such motorcycle or all-terrain vehicle franchisee has 22
2414-not ordered after such motorcycle or all-terrain vehicle 23
2415-franchisee has rejected such commodity or commodities. It 24
2416-shall not be deemed a violation of sections 407.1025 to 25
2417-407.1049 for a motorcycle or all-terrain vehicle franchisor 26
2418-to require a motorcycle or all-terrain vehicle franchisee to 27
2419-have an inventory of parts, tools and equipment reasonably 28
2420-necessary to service the motorcycles or all-terrain vehicles 29
2421-sold by a motorcycle or all-terrain vehicle franchisor; or 30
2422-new motorcycles or all-terrain vehicles reasonably necessary 31
2423-to meet the demands of dealers or the public; 32
2424- (3) To unreasonably refuse to deliver in reasonable 33
2425-quantities and within a reasonable time after receipt of 34
2426-orders for new motorcycles or all-terrain vehicles, such 35
2427-motorcycles or all-terrain vehicles as are so ordered and as 36
2428-are covered by such franchise and as are specifically 37
2429-publicly advertised by such motorcycle or all-terrain 38
2430-vehicle franchisor to be available for immediate delivery; 39
2431-provided, however, the failure to deliver any motorcycle or 40
2432-all-terrain vehicle shall not be considered a violation of 41
2433-sections 407.1025 to 407.1049 if such failure is due to an 42
2434-act of God, work stoppage, or delay due to a strike or labor 43
2435-difficulty, shortage of products or materials, freight 44 SCS HCS HBs 799, 334, 75
2436- 424 & 1069
2437-delays, embargo or other cause of which such motorcycle or 45
2438-all-terrain vehicle franchisor has no control; 46
2439- (4) To coerce any motorcycle or all-terrain vehicle 47
2440-franchisee to enter into any agreement with such motorcycle 48
2441-or all-terrain vehicle franchisor or to do any other act 49
2442-prejudicial to such motorcycle or all-terrain vehicle 50
2443-franchisee, by threatening to cancel any franchise or any 51
2444-contractual agreement existing between such motorcycle or 52
2445-all-terrain vehicle franchisor and motorcycle or all-terrain 53
2446-vehicle franchisee; provided, however, that notice in good 54
2447-faith to any motorcycle or all-terrain vehicle franchisee of 55
2448-such motorcycle or all-terrain vehicle franchisee's 56
2449-violation of any provisions of such franchise or contractual 57
2450-agreement shall not constitute a violation of sections 58
2451-407.1025 to 407.1049; 59
2452- (5) To terminate, cancel or refuse to continue any 60
2453-franchise, directly or indirectly through the actions of the 61
2454-franchisor, unless such new motorcycle or all-terrain 62
2455-vehicle franchisee substantially defaults in the performance 63
2456-of such franchisee's reasonable and lawful obligations under 64
2457-such franchisee's franchise, or such new motorcycle or all- 65
2458-terrain vehicle franchisor discontinues the sale in the 66
2459-state of Missouri of such franchisor's products which are 67
2460-the subject of the franchise: 68
2461- (a) Notwithstanding the terms of any franchise 69
2462-agreement to the contrary, good cause to terminate, cancel 70
2463-or refuse to continue any franchise agreement shall not be 71
2464-established based upon the fact that the motorcycle or all- 72
2465-terrain vehicle franchisee owns, has an investment in, 73
2466-participates in the management of or holds a franchise 74
2467-agreement for the sale or service of another make or line of 75
2468-new motorcycles or all-terrain vehicles or the motorcycle or 76 SCS HCS HBs 799, 334, 76
2469- 424 & 1069
2470-all-terrain vehicle dealer has established another make or 77
2471-line of new motorcycles or all-terrain vehicles or service 78
2472-in the same dealership facilities as those of the motorcycle 79
2473-or all-terrain vehicle franchisor prior to February 1, 1998, 80
2474-or such establishment is approved in writing by the 81
2475-franchisee and the franchisor. However, a franchisor may 82
2476-require a franchisee to maintain a reasonable line of credit 83
2477-for each franchise and to comply with each franchisor's 84
2478-reasonable requirements concerning capital, management and 85
2479-facilities. If the franchise agreement requires the 86
2480-approval of the franchisor, such approval shall be requested 87
2481-in writing by the franchisee and the franchisor shall 88
2482-approve or disapprove such a request in writing within sixty 89
2483-days of receipt of such request. A request from a 90
2484-franchisee shall be deemed to have been approved if the 91
2485-franchisor fails to notify the franchisee, in writing, of 92
2486-its disapproval within sixty days after its receipt of the 93
2487-written request; 94
2488- (b) In determining whether good cause exists, the 95
2489-administrative hearing commission shall take into 96
2490-consideration the existing circumstances, including, but not 97
2491-limited to, the following factors: 98
2492- a. The franchisee's sales in relation to sales in the 99
2493-market; 100
2494- b. The franchisee's investment and obligations; 101
2495- c. Injury to the public welfare; 102
2496- d. The adequacy of the franchisee's service 103
2497-facilities, equipment, parts and personnel in relation to 104
2498-those of other franchisees of the same line-make; 105
2499- e. Whether warranties are being honored by the 106
2500-franchisee; 107 SCS HCS HBs 799, 334, 77
2501- 424 & 1069
2502- f. The parties' compliance with their franchise 108
2503-agreement; 109
2504- g. The desire of a franchisor for market penetration 110
2505-or a market study, if any, prepared by the franchisor or 111
2506-franchisee are two factors which may be considered; 112
2507- h. The harm to the franchisor; 113
2508- (6) To prevent by contract or otherwise, any 114
2509-motorcycle or all-terrain vehicle franchisee from changing 115
2510-the capital structure of the franchisee's franchise of such 116
2511-motorcycle or all-terrain vehicle franchisee or the means by 117
2512-or through which the franchisee finances the operation of 118
2513-the franchisee's franchise, provided the motorcycle or all- 119
2514-terrain vehicle franchisee at all times meets any reasonable 120
2515-capital standards agreed to between the motorcycle or all- 121
2516-terrain vehicle franchisee and the motorcycle or all-terrain 122
2517-vehicle franchisor and grants to the motorcycle or all- 123
2518-terrain vehicle franchisor a purchase money security 124
2519-interest in the new motorcycles or all-terrain vehicles, new 125
2520-parts and accessories purchased from the motorcycle or all- 126
2521-terrain vehicle franchisor; 127
2522- (7) (a) Prevent, by contract or otherwise, any sale 128
2523-or transfer of a franchisee's franchise or franchises or 129
2524-interest or management thereof; provided, if the franchise 130
2525-specifically permits the franchisor to approve or disapprove 131
2526-any such proposed sale or transfer, a franchisor shall only 132
2527-be allowed to disapprove a proposed sale or transfer if the 133
2528-interest being sold or transferred when added to any other 134
2529-interest owned by the transferee constitutes fifty percent 135
2530-or more of the ownership interest in the franchise and if 136
2531-the proposed transferee fails to satisfy any standards of 137
2532-the franchisor which are in fact normally relied upon by the 138
2533-franchisor prior to its entering into a franchise, and which 139 SCS HCS HBs 799, 334, 78
2534- 424 & 1069
2535-relate to the proposed management or ownership of the 140
2536-franchise operations or to the qualification, 141
2537-capitalization, integrity or character of the proposed 142
2538-transferee and which are reasonable. A franchisee may 143
2539-request, at any time, that the franchisor provide a copy of 144
2540-the standards which are normally relied upon by the 145
2541-franchisor to evaluate a proposed sale or transfer and a 146
2542-proposed transferee; 147
2543- (b) The franchisee and the prospective franchisee 148
2544-shall cooperate fully with the franchisor in providing 149
2545-information relating to the prospective transferee's 150
2546-qualifications, capitalization, integrity and character; 151
2547- (c) In the event of a proposed sale or transfer of a 152
2548-franchise, the franchisor shall be permitted to exercise a 153
2549-right of first refusal to acquire the franchisee's assets or 154
2550-ownership if: 155
2551- a. The franchise agreement permits the franchisor to 156
2552-exercise a right of first refusal to acquire the 157
2553-franchisee's assets or ownership in the event of a proposed 158
2554-sale or transfer; 159
2555- b. Such sale or transfer is conditioned upon the 160
2556-franchisor or franchisee entering a franchise agreement with 161
2557-the proposed transferee; 162
2558- c. The exercise of the right of first refusal shall 163
2559-result in the franchisee and the franchisee's owners 164
2560-receiving the same or greater consideration and the same 165
2561-terms and conditions as contracted to receive in connection 166
2562-with the proposed sale or transfer; 167
2563- d. The sale or transfer does not involve the sale or 168
2564-transfer to an immediate member or members of the family of 169
2565-one or more franchisee owners, defined as a spouse, child, 170
2566-grandchild, spouse of a child or grandchild, brother, sister 171 SCS HCS HBs 799, 334, 79
2567- 424 & 1069
2568-or parent of the franchisee owner, or to the qualified 172
2569-manager, defined as an individual who has been employed by 173
2570-the franchisee for at least two years and who otherwise 174
2571-qualifies as a franchisee operator, or a partnership or 175
2572-corporation controlled by such persons; and 176
2573- e. The franchisor agrees to pay the reasonable 177
2574-expenses, including attorney's fees which do not exceed the 178
2575-usual, customary and reasonable fees charged for similar 179
2576-work done for other clients, incurred by the proposed 180
2577-transferee prior to the franchisor's exercise of its right 181
2578-of first refusal in negotiating and implementing the 182
2579-contract for the proposed sale or transfer of the franchise 183
2580-or the franchisee's assets. Notwithstanding the foregoing, 184
2581-no payment of such expenses and attorney's fees shall be 185
2582-required if the franchisee has not submitted or caused to be 186
2583-submitted an accounting of those expenses within fourteen 187
2584-days of the franchisee's receipt of the franchisor's written 188
2585-request for such an accounting. Such accounting may be 189
2586-requested by a franchisor before exercising its right of 190
2587-first refusal; 191
2588- (d) For determining whether good cause exists for the 192
2589-purposes of this subdivision, the administrative hearing 193
2590-commission shall take into consideration the existing 194
2591-circumstances, including, but not limited to, the following 195
2592-factors: 196
2593- a. Whether the franchise agreement specifically 197
2594-permits the franchisor to approve or disapprove any proposed 198
2595-sale or transfer; 199
2596- b. Whether the interest to be sold or transferred when 200
2597-added to any other interest owned by the proposed transferee 201
2598-constitutes fifty percent or more of the ownership interest 202
2599-in the franchise; 203 SCS HCS HBs 799, 334, 80
2600- 424 & 1069
2601- c. Whether the proposed transferee fails to satisfy 204
2602-any standards of the franchisor which are in fact normally 205
2603-relied upon by the franchisor prior to its entering into a 206
2604-franchise, and which are related to the proposed management 207
2605-or ownership of the franchise operations or to the 208
2606-qualification, capitalization, integrity or character of the 209
2607-proposed transferee which are reasonable; 210
2608- d. Injury to the public welfare; 211
2609- e. The harm to the franchisor; 212
2610- (8) To prevent by contract or otherwise any motorcycle 213
2611-or all-terrain vehicle franchisee from changing the 214
2612-executive management of motorcycle or all-terrain vehicle 215
2613-franchisee's business, except that any attempt by a 216
2614-motorcycle or all-terrain vehicle franchisor to demonstrate 217
2615-by giving reasons that such change in executive management 218
2616-will be detrimental to the distribution of the motorcycle or 219
2617-all-terrain vehicle franchisor's motorcycles shall not 220
2618-constitute a violation of this subdivision; 221
2619- (9) To impose unreasonable standards of performance 222
2620-upon a motorcycle or all-terrain vehicle franchisee; 223
2621- (10) To require a motorcycle or all-terrain vehicle 224
2622-franchisee at the time of entering into a franchise 225
2623-arrangement to assent to a release, assignment, novation, 226
2624-waiver or estoppel which would relieve any person from 227
2625-liability imposed by sections 407.1025 to 407.1049; 228
2626- (11) To prohibit directly or indirectly the right of 229
2627-free association among motorcycle or all-terrain vehicle 230
2628-franchisees for any lawful purpose; 231
2629- (12) To provide any term or condition in any lease or 232
2630-other agreement ancillary or collateral to a franchise, 233
2631-which term or condition directly or indirectly violates the 234
2632-provisions of sections 407.1025 to 407.1049; 235 SCS HCS HBs 799, 334, 81
2633- 424 & 1069
2634- (13) [Upon any termination, cancellation or refusal to 236
2635-continue any franchise or any discontinuation of any line- 237
2636-make or parts or products related to such line-make by a 238
2637-franchisor, fail to pay reasonable compensation to a 239
2638-franchisee as follows] To fail to repurchase a franchisee's 240
2639-inventory and other items as set forth in this subdivision 241
2640-if a motorcycle or all-terrain franchise agreement is 242
2641-terminated, cancelled, or not renewed by the manufacturer 243
2642-for cause; if the dealer voluntarily terminates a motorcycle 244
2643-or all-terrain dealer agreement in a manner permitted by 245
2644-such agreement; if the manufacturer terminates or 246
2645-discontinues a franchise by discontinuing a line-make or by 247
2646-ceasing to do business in this state; or if the manufacturer 248
2647-changes the distributor or method of distribution of its 249
2648-products in this state or alters its sales regions or 250
2649-marketing areas within this state in a manner that 251
2650-eliminates or diminishes the dealer's market area. In such 252
2651-circumstances the manufacturer shall, at the election of the 253
2652-motorcycle or all-terrain vehicle dealer, within thirty days 254
2653-of termination, repurchase: 255
2654- (a) Any new, undamaged and unsold motorcycles or all- 256
2655-terrain vehicles in the franchisee's inventory of either the 257
2656-current model year or purchased from the franchisor within 258
2657-one hundred twenty days prior to receipt of a notice of 259
2658-termination or nonrenewal, provided the motorcycle or all- 260
2659-terrain vehicle has less than twenty miles registered on the 261
2660-odometer, including mileage incurred in delivery from the 262
2661-franchisor or in transporting the motorcycle or all-terrain 263
2662-vehicle between dealers for sale, at the dealer's net 264
2663-acquisition cost; 265
2664- (b) The current parts catalog cost to the dealer of 266
2665-each new, unused, undamaged and unsold part or accessory if 267 SCS HCS HBs 799, 334, 82
2666- 424 & 1069
2667-the part or accessory is in the current parts catalog, less 268
2668-applicable allowances. If the part or accessory was 269
2669-purchased by the franchisee from an outgoing authorized 270
2670-franchisee, the franchisor shall purchase the part for 271
2671-either the price in the current parts catalog or the 272
2672-franchisee's actual purchase price of the part, whichever is 273
2673-less; 274
2674- (c) The depreciated value determined pursuant to 275
2675-generally accepted accounting principles of each undamaged 276
2676-sign owned by the franchisee which bears a trademark or 277
2677-trade name used or claimed by the franchisor if the sign was 278
2678-purchased from, or purchased at the request of, the 279
2679-franchisor; 280
2680- (d) The fair market value of all special tools, data 281
2681-processing equipment and motorcycle or all-terrain vehicle 282
2682-service equipment owned by the franchisee which were 283
2683-recommended in writing and designated as special tools and 284
2684-equipment and purchased from, or purchased at the request 285
2685-of, the franchisor within three years of the termination of 286
2686-the franchise, if the tools and equipment are in usable and 287
2687-good condition, except for reasonable wear and tear; and 288
2688- (e) The franchisor shall pay the franchisee the 289
2689-amounts specified in this subdivision within ninety days 290
2690-after the tender of the property subject to the franchisee 291
2691-providing evidence of good and clear title upon return of 292
2692-the property to the franchisor. Unless previous 293
2693-arrangements have been made and agreed upon, the franchisee 294
2694-is under no obligation to provide insurance for the property 295
2695-left after one hundred eighty days; 296
2696- (14) To prevent or refuse to honor the succession to a 297
2697-franchise or franchises by any legal heir or devisee under 298
2698-the will of a franchisee, under any written instrument filed 299 SCS HCS HBs 799, 334, 83
2699- 424 & 1069
2700-with the franchisor designating any person as the person's 300
2701-successor franchisee, or pursuant to the laws of descent and 301
2702-distribution of this state; provided: 302
2703- (a) Any designated family member of a deceased or 303
2704-incapacitated franchisee shall become the succeeding 304
2705-franchisee of such deceased or incapacitated franchisee if 305
2706-such designated family member gives the franchisor written 306
2707-notice of such family member's intention to succeed to the 307
2708-franchise or franchises within forty-five days after the 308
2709-death or incapacity of the franchisee, and agrees to be 309
2710-bound by all of the terms and conditions of the current 310
2711-franchise agreement, and the designated family member meets 311
2712-the current reasonable criteria generally applied by the 312
2713-franchisor in qualifying franchisees. A franchisee may 313
2714-request, at any time, that the franchisor provide a copy of 314
2715-such criteria generally applied by the franchisor in 315
2716-qualifying franchisees; 316
2717- (b) The franchisor may request from a designated 317
2718-family member such personal and financial data as is 318
2719-reasonably necessary to determine whether the existing 319
2720-franchise agreement should be honored. The designated 320
2721-family member shall supply the personal and financial data 321
2722-promptly upon the request; 322
2723- (c) If the designated family member does not meet the 323
2724-reasonable criteria generally applied by the franchisor in 324
2725-qualifying franchisees, the discontinuance of the current 325
2726-franchise agreement shall take effect not less than ninety 326
2727-days after the date the franchisor serves the required 327
2728-notice on the designated family member pursuant to 328
2729-subsection 5 of section 407.1031; 329
2730- (d) The provisions of this subdivision shall not 330
2731-preclude a franchisee from designating any person as the 331 SCS HCS HBs 799, 334, 84
2732- 424 & 1069
2733-person's successor by written instrument filed with the 332
2734-franchisor, and if such an instrument is filed, it alone 333
2735-shall determine the succession rights to the management and 334
2736-operation of the franchise; and 335
2737- (e) For determining whether good cause exists, the 336
2738-administrative hearing commission shall take into 337
2739-consideration the existing circumstances, including, but not 338
2740-limited to, the following factors: 339
2741- a. Whether the franchise agreement specifically 340
2742-permits the franchisor to approve or disapprove any 341
2743-successor; 342
2744- b. Whether the proposed successor fails to satisfy any 343
2745-standards of the franchisor which are in fact normally 344
2746-relied upon by the franchisor prior to the successor 345
2747-entering into a franchise, and which relate to the proposed 346
2748-management or ownership of the franchise operation or to the 347
2749-qualification, capitalization, integrity or character of the 348
2750-proposed successor and which are reasonable; 349
2751- c. Injury to the public welfare; 350
2752- d. The harm to the franchisor; 351
2753- (15) To coerce, threaten, intimidate or require a 352
2754-franchisee under any condition affecting or related to a 353
2755-franchise agreement, or to waive, limit or disclaim a right 354
2756-that the franchisee may have pursuant to the provisions of 355
2757-sections 407.1025 to 407.1049. Any contracts or agreements 356
2758-which contain such provisions shall be deemed against the 357
2759-public policy of the state of Missouri and are void and 358
2760-unenforceable. Nothing in this section shall be construed 359
2761-to prohibit voluntary settlement agreements; 360
2762- (16) To initiate any act enumerated in this subsection 361
2763-on grounds that it has advised a franchisee of its intention 362 SCS HCS HBs 799, 334, 85
2764- 424 & 1069
2765-to discontinue representation at the time of a franchisee 363
2766-change. 364
2767- 643.315. 1. Except as provided in sections 643.300 to 1
2768-643.355, all motor vehicles which are domiciled, registered 2
2769-or primarily operated in an area for which the commission 3
2770-has established a motor vehicle emissions inspection program 4
2771-pursuant to sections 643.300 to 643.355 shall be inspected 5
2772-and approved prior to sale or transfer; provided that, if 6
2773-such vehicle is inspected and approved prior to sale or 7
2774-transfer, such vehicle shall not be subject to another 8
2775-emissions inspection for ninety days after the date of sale 9
2776-or transfer of such vehicle. [In addition, any such vehicle 10
2777-manufactured as an even-numbered model year vehicle shall be 11
2778-inspected and approved under the emissions inspection 12
2779-program established pursuant to sections 643.300 to 643.355 13
2780-in each even-numbered calendar year and any such vehicle 14
2781-manufactured as an odd-numbered model year vehicle shall be 15
2782-inspected and approved under the emissions inspection 16
2783-program established pursuant to sections 643.300 to 643.355 17
2784-in each odd-numbered calendar year.] All motor vehicles 18
2785-subject to the inspection requirements of sections 643.300 19
2786-to 643.355 shall display a valid emissions inspection 20
2787-sticker, and when applicable, a valid emissions inspection 21
2788-certificate shall be presented at the time of registration 22
2789-or registration renewal of such motor vehicle. The 23
2790-department of revenue shall require evidence of the safety 24
2791-and emission inspection and approval required by this 25
2792-section in issuing the motor vehicle [annual] registration 26
2793-in conformity with the procedure required by sections 27
2794-307.350 to 307.390 and sections 643.300 to 643.355. The 28
2795-director of revenue may verify that a successful safety and 29
2796-emissions inspection was completed via electronic means. 30 SCS HCS HBs 799, 334, 86
2797- 424 & 1069
2798- 2. The inspection requirement of subsection 1 of this 31
2799-section shall apply to all motor vehicles except: 32
2800- (1) Motor vehicles with a manufacturer's gross vehicle 33
2801-weight rating in excess of eight thousand five hundred 34
2802-pounds; 35
2803- (2) Motorcycles and motortricycles if such vehicles 36
2804-are exempted from the motor vehicle emissions inspection 37
2805-under federal regulation and approved by the commission by 38
2806-rule; 39
2807- (3) Model year vehicles manufactured prior to 1996; 40
2808- (4) Vehicles which are powered exclusively by electric 41
2809-or hydrogen power or by fuels other than gasoline which are 42
2810-exempted from the motor vehicle emissions inspection under 43
2811-federal regulation and approved by the commission by rule; 44
2812- (5) Motor vehicles registered in an area subject to 45
2813-the inspection requirements of sections 643.300 to 643.355 46
2814-which are domiciled and operated exclusively in an area of 47
2815-the state not subject to the inspection requirements of 48
2816-sections 643.300 to 643.355, but only if the owner of such 49
2817-vehicle presents to the department an affidavit that the 50
2818-vehicle will be operated exclusively in an area of the state 51
2819-not subject to the inspection requirements of sections 52
2820-643.300 to 643.355 for the next twenty-four months, and the 53
2821-owner applies for and receives a waiver which shall be 54
2822-presented at the time of registration or registration 55
2823-renewal; 56
2824- (6) New and unused motor vehicles, of model years of 57
2825-the current calendar year and of any calendar year within 58
2826-two years of such calendar year, which have an odometer 59
2827-reading of less than six thousand miles at the time of 60
2828-original sale by a motor vehicle manufacturer or licensed 61
2829-motor vehicle dealer to the first user; 62 SCS HCS HBs 799, 334, 87
2830- 424 & 1069
2831- (7) Historic motor vehicles registered pursuant to 63
2832-section 301.131; 64
2833- (8) School buses; 65
2834- (9) Heavy-duty diesel-powered vehicles with a gross 66
2835-vehicle weight rating in excess of eight thousand five 67
2836-hundred pounds; 68
2837- (10) New motor vehicles that have not been previously 69
2838-titled and registered, for the four-year period following 70
2839-their model year of manufacture, provided the odometer 71
2840-reading for such motor vehicles are under forty thousand 72
2841-miles at their first required biennial safety inspection 73
2842-conducted under sections 307.350 to 307.390; otherwise such 74
2843-motor vehicles shall be subject to the emissions inspection 75
2844-requirements of subsection 1 of this section during the same 76
2845-period that the biennial safety inspection is conducted; 77
2846- (11) Motor vehicles that are driven fewer than twelve 78
2847-thousand miles between biennial safety inspections; and 79
2848- (12) Qualified plug-in electric drive vehicles. For 80
2849-the purposes of this section, "qualified plug-in electric 81
2850-drive vehicle" shall mean a plug-in electric drive vehicle 82
2851-that is made by a manufacturer, has not been modified from 83
2852-original manufacturer specifications, and can operate solely 84
2853-on electric power and is capable of recharging its battery 85
2854-from an on-board generation source and an off-board 86
2855-electricity source. 87
2856- 3. The commission may, by rule, allow inspection 88
2857-reciprocity with other states having equivalent or more 89
2858-stringent testing and waiver requirements than those 90
2859-established pursuant to sections 643.300 to 643.355. 91
2860- 4. (1) At the time of sale, a licensed motor vehicle 92
2861-dealer, as defined in section 301.550, may choose to sell a 93 SCS HCS HBs 799, 334, 88
2862- 424 & 1069
2863-motor vehicle subject to the inspection requirements of 94
2864-sections 643.300 to 643.355 either: 95
2865- (a) With prior inspection and approval as provided in 96
2866-subdivision (2) of this subsection; or 97
2867- (b) Without prior inspection and approval as provided 98
2868-in subdivision (3) of this subsection. 99
2869- (2) If the dealer chooses to sell the vehicle with 100
2870-prior inspection and approval, the dealer shall disclose, in 101
2871-writing, prior to sale, whether the vehicle obtained 102
2872-approval by meeting the emissions standards established 103
2873-pursuant to sections 643.300 to 643.355 or by obtaining a 104
2874-waiver pursuant to section 643.335. A vehicle sold pursuant 105
2875-to this subdivision by a licensed motor vehicle dealer shall 106
2876-be inspected and approved within the one hundred twenty days 107
2877-immediately preceding the date of sale, and, for the purpose 108
2878-of registration of such vehicle, such inspection shall be 109
2879-considered timely. 110
2880- (3) If the dealer chooses to sell the vehicle without 111
2881-prior inspection and approval, the purchaser may return the 112
2882-vehicle within ten days of the date of purchase, provided 113
2883-that the vehicle has no more than one thousand additional 114
2884-miles since the time of sale, if the vehicle fails, upon 115
2885-inspection, to meet the emissions standards specified by the 116
2886-commission and the dealer shall have the vehicle inspected 117
2887-and approved without the option for a waiver of the 118
2888-emissions standard and return the vehicle to the purchaser 119
2889-with a valid emissions certificate and sticker within five 120
2890-working days or the purchaser and dealer may enter into any 121
2891-other mutually acceptable agreement. If the dealer chooses 122
2892-to sell the vehicle without prior inspection and approval, 123
2893-the dealer shall disclose conspicuously on the sales 124
2894-contract and bill of sale that the purchaser has the option 125 SCS HCS HBs 799, 334, 89
2895- 424 & 1069
2896-to return the vehicle within ten days, provided that the 126
2897-vehicle has no more than one thousand additional miles since 127
2898-the time of sale, to have the dealer repair the vehicle and 128
2899-provide an emissions certificate and sticker within five 129
2900-working days if the vehicle fails, upon inspection, to meet 130
2901-the emissions standards established by the commission, or 131
2902-enter into any mutually acceptable agreement with the 132
2903-dealer. A violation of this subdivision shall be an 133
2904-unlawful practice as defined in section 407.020. No 134
2905-emissions inspection shall be required pursuant to sections 135
2906-643.300 to 643.360 for the sale of any motor vehicle which 136
2907-may be sold without a certificate of inspection and 137
2908-approval, as provided pursuant to subsection 2 of section 138
2909-307.380. 139
2910- 5. Notwithstanding any provision of law to the 140
2911-contrary, a valid emissions inspection shall be required for 141
2912-all registration issuances and renewals for any motor 142
2913-vehicle subject to emissions inspection under this section. 143
2914- Section B. The repeal and reenactment of sections 1
2915-301.055, 301.070, 301.110, 301.140, 301.142, 301.147, 2
2916-301.560, 301.570, 307.350, and 643.315 of this act shall 3
2917-become effective upon notification by the director of the 4
2918-department of revenue that implementation of the provisions 5
2919-of this act are technologically feasible following the 6
2920-development and maintenance of a modernized, integrated 7
2921-system for the titling of vehicles, the issuance and renewal 8
2922-of vehicle registrations, the issuance and renewal of 9
2923-drivers' licenses and identification cards, and the 10
2924-perfection and release of liens and encumbrances on vehicles. 11
2925-
13+SectionA.Sections32.056,301.020,301.190,301.448,301.469,307.350,and
14+2307.380,RSMo,arerepealedandsevennewsectionsenactedinlieuthereof,tobeknownas
15+3sections32.056,301.020,301.190,301.448,301.469,307.350,and307.380,toreadas
16+4follows:
17+32.056.Exceptforusespermittedunder18U.S.C.Section2721(b)(1),the
18+2departmentofrevenueshallnotreleasethehomeaddressoforanyinformationthatidentifies
19+3anyvehicleownedorleasedbyanypersonwhois[a]anactiveorretiredcounty,stateor
20+4federalparoleofficer,[a]federalpretrialofficer,[a]peaceofficerpursuanttosection590.010,
21+5[a]personvestedbyArticleV,Section1oftheMissouriConstitutionwiththejudicialpower
22+6ofthestate,[a]memberofthefederaljudiciary,oramemberofsuchperson'simmediate
23+7familycontainedinthedepartment'smotorvehicleordriverregistrationrecords,basedona
24+8specificrequestforsuchinformationfromanyperson.Anysuchpersonmaynotifythe
25+9departmentofhisorherstatusandthedepartmentshallprotecttheconfidentialityofthe
26+10homeaddressandvehiclerecordsonsuchapersonandhisorherimmediatefamilyas
27+11requiredbythissection.Thissectionshallnotprohibitthedepartmentfromreleasing
28+12informationonamotorregistrationlistpursuanttosection32.055orfromreleasing
29+EXPLANATION—Matterenclosedinbold-facedbrackets[thus] intheabovebillisnotenactedandis
30+intendedtobeomittedfromthelaw.Matterinbold-facetypeintheabovebillisproposedlanguage. 13informationonanyofficerwhoholdsaclassA,BorCcommercialdriver'slicensepursuant
31+14totheMotorCarrierSafetyImprovementActof1999,asamended,49U.S.C.31309.
32+301.020.1.Everyownerofamotorvehicleortrailer,whichshallbeoperatedor
33+2drivenuponthehighwaysofthisstate,exceptashereinotherwiseexpresslyprovided,shall
34+3annuallyfile,bymailorotherwise,intheofficeofthedirectorofrevenue,anapplicationfor
35+4registrationonablanktobefurnishedbythedirectorofrevenueforthatpurposecontaining:
36+5 (1)Abriefdescriptionofthemotorvehicleortrailertoberegistered,includingthe
37+6nameofthemanufacturer,thevehicleidentificationnumber,theamountofmotivepowerof
38+7themotorvehicle,statedinfiguresofhorsepowerandwhetherthemotorvehicleistobe
39+8registeredasamotorvehicleprimarilyforbusinessuseasdefinedinsection301.010;
40+9 (2)Thename,theapplicant'sidentificationnumberandaddressoftheownerofsuch
41+10motorvehicleortrailer;
42+11 (3)Thegrossweightofthevehicleandthedesiredloadinpoundsifthevehicleisa
43+12commercialmotorvehicleortrailer.
44+13 2.Ifthevehicleisamotorvehicleprimarilyforbusinessuseasdefinedinsection
45+14301.010andifsuchvehicleis[tenyearsofageorless]modelyear2012ornewerandhas
46+15lessthanonehundredfiftythousandmilesontheodometer,thedirectorofrevenueshall
47+16retaintheodometerinformationprovidedinthevehicleinspectionreport,andprovidefor
48+17promptaccesstosuchinformation,togetherwiththevehicleidentificationnumberforthe
49+18motorvehicletowhichsuchinformationpertains,foraperiodoftenyearsafterthereceiptof
50+19suchinformation.Thissectionshallnotapplyunless:
51+20 (1)Theapplicationforthevehicle'scertificateofownershipwassubmittedafterJuly
52+211,1989;and
53+22 (2)Thecertificatewasissuedpursuanttoamanufacturer'sstatementoforigin.
54+23 3.Ifthevehicleisanymotorvehicleotherthanamotorvehicleprimarilyforbusiness
55+24use,arecreationalmotorvehicle,motorcycle,motortricycle,autocycle,bus,orany
56+25commercialmotorvehiclelicensedforovertwelvethousandpoundsandifsuchmotor
57+26vehicleis[tenyearsofageorless]modelyear2012ornewerandhaslessthanonehundred
58+27fiftythousandmilesontheodometer,thedirectorofrevenueshallretaintheodometer
59+28informationprovidedinthevehicleinspectionreport,andprovideforpromptaccesstosuch
60+29information,togetherwiththevehicleidentificationnumberforthemotorvehicletowhich
61+30suchinformationpertains,foraperiodoftenyearsafterthereceiptofsuchinformation.This
62+31subsectionshallnotapplyunless:
63+32 (1)Theapplicationforthevehicle'scertificateofownershipwassubmittedafterJuly
64+331,1990;and
65+34 (2)Thecertificatewasissuedpursuanttoamanufacturer'sstatementoforigin.
66+HCSHBs799,334,424&1069 2 35 4.Ifthevehiclequalifiesasareconstructedmotorvehicle,motorchangevehicle,
67+36speciallyconstructedmotorvehicle,non-USA-stdmotorvehicle,asdefinedinsection
68+37301.010,orpriorsalvageasreferencedinsection301.573,theownerorlienholdershall
69+38surrenderthecertificateofownership.Theownershallmakeanapplicationforanew
70+39certificateofownership,paytherequiredtitlefee,andobtainthevehicleexamination
71+40certificaterequiredpursuanttosubsection9ofsection301.190.Ifaninsurancecompany
72+41paysaclaimonasalvagevehicleasdefinedinsection301.010andtheownerretainsthe
73+42vehicle,aspriorsalvage,thevehicleshallonlyberequiredtomeettheexamination
74+43requirementsundersubsection10ofsection301.190.Notarizedbillsofsalealongwitha
75+44copyofthefrontandbackofthecertificateofownershipforallmajorcomponentparts
76+45installedonthevehicleandinvoicesforallessentialpartswhicharenotdefinedasmajor
77+46componentpartsshallaccompanytheapplicationforanewcertificateofownership.Ifthe
78+47vehicleisaspeciallyconstructedmotorvehicle,asdefinedinsection301.010,twopicturesof
79+48thevehicleshallbesubmittedwiththeapplication.Ifthevehicleisakitvehicle,the
80+49applicantshallsubmittheinvoiceandthemanufacturer'sstatementoforiginonthekit.Ifthe
81+50vehiclerequirestheissuanceofaspecialnumberbythedirectorofrevenueorareplacement
82+51vehicleidentificationnumber,theapplicantshallsubmittherequiredapplicationand
83+52applicationfee.Allapplicationsrequiredunderthissubsectionshallbesubmittedwithany
84+53applicabletaxeswhichmaybedueonthepurchaseofthevehicleorparts.Thedirectorof
85+54revenueshallappropriatelydesignate"ReconstructedMotorVehicle","MotorChange
86+55Vehicle","Non-USA-StdMotorVehicle",or"SpeciallyConstructedMotorVehicle"onthe
87+56currentandallsubsequentissuesofthecertificateofownershipofsuchvehicle.
88+57 5.Everyinsurancecompanythatpaysaclaimforrepairofamotorvehiclewhichas
89+58theresultofsuchrepairsbecomesareconstructedmotorvehicleasdefinedinsection301.010
90+59orthatpaysaclaimonasalvagevehicleasdefinedinsection301.010andtheowneris
91+60retainingthevehicleshallinwritingnotifytheownerofthevehicle,andinafirstpartyclaim,
92+61thelienholderifalienisineffect,thatheisrequiredtosurrenderthecertificateofownership,
93+62andthedocumentsandfeesrequiredpursuanttosubsection4ofthissectiontoobtainaprior
94+63salvagemotorvehiclecertificateofownershipordocumentsandfeesasotherwiserequired
95+64bylawtoobtainasalvagecertificateofownership,fromthedirectorofrevenue.The
96+65insurancecompanyshallwithinthirtydaysofthepaymentofsuchclaimsreporttothe
97+66directorofrevenuethenameandaddressofsuchowner,theyear,make,model,vehicle
98+67identificationnumber,andlicenseplatenumberofthevehicle,andthedateoflossand
99+68payment.
100+69 6.Anyonewhofailstocomplywiththerequirementsofthissectionshallbeguiltyof
101+70aclassBmisdemeanor.
102+HCSHBs799,334,424&1069 3 71 7.Anapplicantforregistrationmaymakeadonationofonedollartopromotea
103+72blindnesseducation,screeningandtreatmentprogram.Thedirectorofrevenueshallcollect
104+73thedonationsanddepositallsuchdonationsinthestatetreasurytothecreditoftheblindness
105+74education,screeningandtreatmentprogramfundestablishedinsection209.015.Moneysin
106+75theblindnesseducation,screeningandtreatmentprogramfundshallbeusedsolelyforthe
107+76purposesestablishedinsection209.015;exceptthatthedepartmentofrevenueshallretainno
108+77morethanonepercentforitsadministrativecosts.Thedonationprescribedinthissubsection
109+78isvoluntaryandmayberefusedbytheapplicantforregistrationatthetimeofissuanceor
110+79renewal.Thedirectorshallinquireofeachapplicantatthetimetheapplicantpresentsthe
111+80completedapplicationtothedirectorwhethertheapplicantisinterestedinmakingtheone
112+81dollardonationprescribedinthissubsection.
113+82 8.Anapplicantforregistrationmaymakeadonationofanamountnotlessthanone
114+83dollartopromoteanorgandonorprogram.Thedirectorofrevenueshallcollectthedonations
115+84anddepositallsuchdonationsinthestatetreasurytothecreditoftheorgandonorprogram
116+85fundasestablishedinsections194.297to194.304.Moneysintheorgandonorfundshallbe
117+86usedsolelyforthepurposesestablishedinsections194.297to194.304,exceptthatthe
118+87departmentofrevenueshallretainnomorethanonepercentforitsadministrativecosts.The
119+88donationprescribedinthissubsectionisvoluntaryandmayberefusedbytheapplicantfor
120+89registrationatthetimeofissuanceorrenewal.Thedirectorshallinquireofeachapplicantat
121+90thetimetheapplicantpresentsthecompletedapplicationtothedirectorwhethertheapplicant
122+91isinterestedinmakingacontributionnotlessthanonedollarasprescribedinthissubsection.
123+92 9.AnapplicantforregistrationmaymakeadonationofonedollartotheMissouri
124+93medalofhonorrecipientsfund.Thedirectorofrevenueshallcollectthedonationsand
125+94depositallsuchdonationsinthestatetreasurytothecreditoftheMissourimedalofhonor
126+95recipientsfundasestablishedinsection226.925.Moneysinthemedalofhonorrecipients
127+96fundshallbeusedsolelyforthepurposesestablishedinsection226.925,exceptthatthe
128+97departmentofrevenueshallretainnomorethanonepercentforitsadministrativecosts.The
129+98donationprescribedinthissubsectionisvoluntaryandmayberefusedbytheapplicantfor
130+99registrationatthetimeofissuanceorrenewal.Thedirectorshallinquireofeachapplicantat
131+100thetimetheapplicantpresentsthecompletedapplicationtothedirectorwhethertheapplicant
132+101isinterestedinmakingtheonedollardonationprescribedinthissubsection.
133+301.190.1.Nocertificateofregistrationofanymotorvehicleortrailer,ornumber
134+2platetherefor,shallbeissuedbythedirectorofrevenueunlesstheapplicantthereforshall
135+3makeapplicationforandbegrantedacertificateofownershipofsuchmotorvehicleortrailer,
136+4orshallpresentsatisfactoryevidencethatsuchcertificatehasbeenpreviouslyissuedtothe
137+5applicantforsuchmotorvehicleortrailer.Applicationshallbemadewithinthirtydaysafter
138+6theapplicantacquiresthemotorvehicleortrailer,unlessthemotorvehiclewasacquired
139+HCSHBs799,334,424&1069 4 7undersection301.213orsubsection5ofsection301.210inwhichcasetheapplicantshall
140+8makeapplicationwithinthirtydaysafterreceivingtitlefromthedealer,uponablankform
141+9furnishedbythedirectorofrevenueandshallcontaintheapplicant'sidentificationnumber,a
142+10fulldescriptionofthemotorvehicleortrailer,thevehicleidentificationnumber,andthe
143+11mileageregisteredontheodometeratthetimeoftransferofownership,asrequiredbysection
144+12407.536,togetherwithastatementoftheapplicant'ssourceoftitleandofanyliensor
145+13encumbrancesonthemotorvehicleortrailer,providedthatforgoodcauseshownthedirector
146+14ofrevenuemayextendtheperiodoftimeformakingsuchapplication.Whenanownerwants
147+15toaddordeleteanameornamesonanapplicationforcertificateofownershipofamotor
148+16vehicleortrailerthatwouldcauseittobeinconsistentwiththenameornameslistedonthe
149+17noticeoflien,theownershallprovidethedirectorwithdocumentationevidencingthe
150+18lienholder'sauthorizationtoaddordeleteanameornamesonanapplicationforcertificateof
151+19ownership.
152+20 2.Thedirectorofrevenueshallusereasonablediligenceinascertainingwhetherthe
153+21factsstatedinsuchapplicationaretrueandshall,totheextentpossiblewithoutsubstantially
154+22delayingprocessingoftheapplication,reviewanyodometerinformationpertainingtosuch
155+23motorvehiclethatisaccessibletothedirectorofrevenue.Ifsatisfiedthattheapplicantisthe
156+24lawfulownerofsuchmotorvehicleortrailer,orotherwiseentitledtohavethesame
157+25registeredinhisname,thedirectorshallthereuponissueanappropriatecertificateoverhis
158+26signatureandsealedwiththesealofhisoffice,procuredandusedforsuchpurpose.The
159+27certificateshallcontainonitsfaceacompletedescription,vehicleidentificationnumber,and
160+28otherevidenceofidentificationofthemotorvehicleortrailer,asthedirectorofrevenuemay
161+29deemnecessary,togetherwiththeodometerinformationrequiredtobeputonthefaceofthe
162+30certificatepursuanttosection407.536,astatementofanyliensorencumbranceswhichthe
163+31applicationmayshowtobethereon,and,ifownershipofthevehiclehasbeentransferred,the
164+32nameofthestateissuingthetransferor'stitleandwhetherthetransferor'sodometermileage
165+33statementexecutedpursuanttosection407.536indicatedthatthetruemileageismaterially
166+34differentfromthenumberofmilesshownontheodometer,orisunknown.
167+35 3.Thedirectorofrevenueshallappropriatelydesignateonthecurrentandall
168+36subsequentissuesofthecertificatethewords"ReconstructedMotorVehicle","MotorChange
169+37Vehicle","SpeciallyConstructedMotorVehicle",or"Non-USA-StdMotorVehicle",as
170+38definedinsection301.010.EffectiveJuly1,1990,onalloriginalandallsubsequentissuesof
171+39thecertificateformotorvehiclesasreferencedinsubsections2and3ofsection301.020,the
172+40directorshallprintonthefacethereofthefollowingdesignation:"Annualodometerupdates
173+41maybeavailablefromthedepartmentofrevenue.".Onanyduplicatecertificate,thedirector
174+42ofrevenueshallreprintonthefacethereofthemostrecentofeither:
175+HCSHBs799,334,424&1069 5 43 (1)Themileageinformationincludedonthefaceoftheimmediatelypriorcertificate
176+44andthedateofpurchaseorissuanceoftheimmediatelypriorcertificate;or
177+45 (2)Anyothermileageinformationprovidedtothedirectorofrevenue,andthedate
178+46thedirectorobtainedorrecordedthatinformation.
179+47 4.Thecertificateofownershipissuedbythedirectorofrevenueshallbe
180+48manufacturedinamannertoprohibitasnearlyaspossibletheabilitytoalter,counterfeit,
181+49duplicate,orforgesuchcertificatewithoutreadydetection.Inordertocarryoutthe
182+50requirementsofthissubsection,thedirectorofrevenuemaycontractwithanonprofit
183+51scientificoreducationalinstitutionspecializingintheanalysisofsecuredocumentsto
184+52determinethemosteffectivemethodsofrenderingMissouricertificatesofownership
185+53nonalterableornoncounterfeitable.
186+54 5.Thefeeforeachoriginalcertificatesoissuedshallbeeightdollarsandfiftycents,
187+55inadditiontothefeeforregistrationofsuchmotorvehicleortrailer.Ifapplicationforthe
188+56certificateisnotmadewithinthirtydaysafterthevehicleisacquiredbytheapplicant,or
189+57wherethemotorvehiclewasacquiredundersection301.213orsubsection5ofsection
190+58301.210andtheapplicantfailstomakeapplicationwithinthirtydaysafterreceivingtitle
191+59fromthedealer,adelinquencypenaltyfeeoftwenty-fivedollarsforthefirstthirtydaysof
192+60delinquencyandtwenty-fivedollarsforeachthirtydaysofdelinquencythereafter,notto
193+61exceedatotaloftwohundreddollars,butsuchpenaltymaybewaivedbythedirectorfora
194+62goodcauseshown.Ifthedirectorofrevenuelearnsthatanypersonhasfailedtoobtaina
195+63certificatewithinthirtydaysafteracquiringamotorvehicleortrailer,orwherethemotor
196+64vehiclewasacquiredundersection301.213orsubsection5ofsection301.210andthe
197+65applicantfailstomakeapplicationwithinthirtydaysafterreceivingtitlefromthedealer,or
198+66hassoldavehiclewithoutobtainingacertificate,heshallcanceltheregistrationofall
199+67vehiclesregisteredinthenameoftheperson,eitherassoleownerorasaco-owner,andshall
200+68notifythepersonthatthecancellationwillremaininforceuntilthepersonpaysthe
201+69delinquencypenaltyfeeprovidedinthissection,togetherwithallfees,chargesandpayments
202+70whichthepersonshouldhavepaidinconnectionwiththecertificateofownershipand
203+71registrationofthevehicle.Thecertificateshallbegoodforthelifeofthemotorvehicleor
204+72trailersolongasthesameisownedorheldbytheoriginalholderofthecertificateandshall
205+73nothavetoberenewedannually.
206+74 6.Anyapplicantforacertificateofownershiprequestingthedepartmentofrevenue
207+75toprocessanapplicationforacertificateofownershipinanexpeditiousmannerrequiring
208+76specialhandlingshallpayafeeoffivedollarsinadditiontotheregularcertificateof
209+77ownershipfee.
210+HCSHBs799,334,424&1069 6 78 7.Itisunlawfulforanypersontooperateinthisstateamotorvehicleortrailer
211+79requiredtoberegisteredundertheprovisionsofthelawunlessacertificateofownershiphas
212+80beenappliedforasprovidedinthissection.
213+81 8.BeforeanoriginalMissouricertificateofownershipisissued,aninspectionofthe
214+82vehicleandaverificationofvehicleidentificationnumbersshallbemadebytheMissouri
215+83statehighwaypatrolonvehiclesforwhichthereisacurrenttitleissuedbyanotherstateifa
216+84Missourisalvagecertificateoftitlehasbeenissuedforthesamevehiclebutnoprior
217+85inspectionandverificationhasbeenmadeinthisstate,exceptthatifsuchvehiclehasbeen
218+86inspectedinanotherstatebyalawenforcementofficerinamannercomparabletothe
219+87inspectionprocessinthisstateandthevehicleidentificationnumbershavebeensoverified,
220+88theapplicantshallnotbeliableforthetwenty-fivedollarinspectionfeeifsuchapplicant
221+89submitsproofofinspectionandvehicleidentificationnumberverificationtothedirectorof
222+90revenueatthetimeoftheapplication.Theapplicant,whohassuchatitleforavehicleon
223+91whichnopriorinspectionandverificationhavebeenmade,shallpayafeeoftwenty-five
224+92dollarsforsuchverificationandinspection,payabletothedirectorofrevenueatthetimeof
225+93therequestfortheapplication,whichshallbedepositedinthestatetreasurytothecreditof
226+94thestatehighwaysandtransportationdepartmentfund.
227+95 9.EachapplicationforanoriginalMissouricertificateofownershipforavehicle
228+96whichisclassifiedasareconstructedmotorvehicle,speciallyconstructedmotorvehicle,kit
229+97vehicle,motorchangevehicle,non-USA-stdmotorvehicle,orothervehicleasrequiredby
230+98thedirectorofrevenueshallbeaccompaniedbyavehicleexaminationcertificateissuedby
231+99theMissouristatehighwaypatrol,orotherlawenforcementagencyasauthorizedbythe
232+100directorofrevenue.Thevehicleexaminationshallincludeaverificationofvehicle
233+101identificationnumbersandadeterminationoftheclassificationofthevehicle.Theownerof
234+102avehiclewhichrequiresavehicleexaminationcertificateshallpresentthevehiclefor
235+103examinationandobtainacompletedvehicleexaminationcertificatepriortosubmittingan
236+104applicationforacertificateofownershiptothedirectorofrevenue.Notwithstandingany
237+105provisionofthelawtothecontrary,anownerpresentingamotorvehiclewhichhasbeen
238+106issuedasalvagetitleandwhichistenyearsofageoroldertoavehicleexaminationdescribed
239+107inthissubsectioninordertoobtainacertificateofownershipwiththedesignationprior
240+108salvagemotorvehicleshallnotberequiredtorepairorrestorethevehicletoitsoriginal
241+109appearanceinordertopassorcompletethevehicleexamination.Thefeeforthevehicle
242+110examinationapplicationshallbetwenty-fivedollarsandshallbecollectedbythedirectorof
243+111revenueatthetimeoftherequestfortheapplicationandshallbedepositedinthestate
244+112treasurytothecreditofthestatehighwaysandtransportationdepartmentfund.Ifthevehicle
245+113isalsotoberegisteredinMissouri,thesafetyinspectionrequiredinchapter307andthe
246+HCSHBs799,334,424&1069 7 114emissionsinspectionrequiredunderchapter643shallbecompletedandthefeesrequiredby
247+115section307.365andsection643.315shallbechargedtotheowner.
248+116 10.WhenanapplicationismadeforanoriginalMissouricertificateofownershipfor
249+117amotorvehiclepreviouslyregisteredortitledinastateotherthanMissouriorasrequiredby
250+118section301.020,itshallbeaccompaniedbyacurrentinspectionformcertifiedbyaduly
251+119authorizedofficialinspectionstationasdescribedinchapter307,exceptthatsuch
252+120inspectionmaybecompletedbyanemployeeofalicensedneworusedmotorvehicle
253+121dealerforamotorvehiclesoldtoapersonwholivesoutsideofthisstateandintendsto
254+122registerthevehicleoutsideofthisstateorforamotorvehiclehavinglessthanthirty
255+123thousandmilesforthethree-yearperiodfollowingthemodelyearofmanufacture.The
256+124completedformshallcertifythatthemanufacturer'sidentificationnumberforthevehiclehas
257+125beeninspected,thatitiscorrectlydisplayedonthevehicleandshallcertifythereadingshown
258+126ontheodometeratthetimeofinspection.Theinspectionstationor,inthecaseofamotor
259+127vehiclesoldtoapersonwholivesoutsideofthisstateandintendstoregisterthevehicle
260+128outsideofthisstateoramotorvehiclehavinglessthanthirtythousandmilesforthe
261+129three-yearperiodfollowingthemodelyearofmanufacture,thelicensedneworused
262+130motorvehicledealershallcollectthesamefeeasauthorizedinsection307.365formaking
263+131theinspection,andthefeeshallbedepositedinthesamemannerasprovidedinsection
264+132307.365.IfthevehicleisalsotoberegisteredinMissouri,thesafetyinspectionrequiredin
265+133chapter307andtheemissionsinspectionrequiredunderchapter643shallbecompletedand
266+134onlythefeesrequiredbysection307.365andsection643.315shallbechargedtotheowner.
267+135Thissectionshallnotapplytovehiclesbeingtransferredonamanufacturer'sstatementof
268+136origin.Alicensedneworusedmotorvehicledealercompletingtheinspectionunderthis
269+137sectionshallbesubjecttodisciplinaryactionuptoandincludingsuspensionor
270+138revocationoftheirdealer'slicenseforknowinglycompletingsuchinspectionwith
271+139incorrectinformation.Suchdisciplinaryactionshalltakeplaceinaccordancewith
272+140departmentofrevenueregularproceduresfordisciplinaryaction.
273+141 11.Motorvehiclesbroughtintothisstateinawreckedordamagedconditionorafter
274+142beingtowedasanabandonedvehiclepursuanttoanotherstate'sabandonedmotorvehicle
275+143proceduresshall,inlieuoftheinspectionrequiredbysubsection10ofthissection,be
276+144inspectedbytheMissouristatehighwaypatrolinaccordancewithsubsection9ofthis
277+145section.Iftheinspectionrevealsthevehicletobeinasalvageorjunkcondition,thedirector
278+146shallsoindicateonanyMissouricertificateofownershipissuedforsuchvehicle.Any
279+147salvagedesignationshallbecarriedforwardonallsubsequentlyissuedcertificatesoftitlefor
280+148themotorvehicle.
281+149 12.WhenanapplicationismadeforanoriginalMissouricertificateofownershipfor
282+150amotorvehiclepreviouslyregisteredortitledinastateotherthanMissouri,andthe
283+HCSHBs799,334,424&1069 8 151certificateofownershiphasbeenappropriatelydesignatedbytheissuingstateasa
284+152reconstructedmotorvehicle,motorchangevehicle,speciallyconstructedmotorvehicle,or
285+153priorsalvagevehicle,thedirectorofrevenueshallappropriatelydesignateonthecurrent
286+154Missouriandallsubsequentissuesofthecertificateofownershipthenameoftheissuingstate
287+155andsuchpriordesignation.Theabsenceofanypriordesignationshallnotrelieveatransferor
288+156ofthedutytoexerciseduediligencewithregardtosuchcertificateofownershippriortothe
289+157transferofacertificate.Ifatransferorexercisesanyduediligencewithregardtoacertificate
290+158ofownership,thelegaltransferofacertificateofownershipwithoutanydesignationthatis
291+159subsequentlydiscoveredtohaveorshouldhavehadadesignationshallbeatransferfreeand
292+160clearofanyliabilitiesofthetransferorassociatedwiththemissingdesignation.
293+161 13.WhenanapplicationismadeforanoriginalMissouricertificateofownershipfor
294+162amotorvehiclepreviouslyregisteredortitledinastateotherthanMissouri,andthe
295+163certificateofownershiphasbeenappropriatelydesignatedbytheissuingstateasnon-USA-
296+164stdmotorvehicle,thedirectorofrevenueshallappropriatelydesignateonthecurrent
297+165Missouriandallsubsequentissuesofthecertificateofownershipthewords"Non-USA-Std
298+166MotorVehicle".
299+167 14.ThedirectorofrevenueandthesuperintendentoftheMissouristatehighway
300+168patrolshallmakeandenforcerulesfortheadministrationoftheinspectionsrequiredbythis
301+169section.
302+170 15.EachapplicationforanoriginalMissouricertificateofownershipforavehicle
303+171whichisclassifiedasareconstructedmotorvehicle,manufacturedfortyormoreyearsprior
304+172tothecurrentmodelyear,andwhichhasavalueofthreethousanddollarsorlessshallbe
305+173accompaniedby:
306+174 (1)Aproperaffidavitsubmittedbytheownerexplaininghowthemotorvehicleor
307+175trailerwasacquiredand,ifapplicable,thereasonsavalidcertificateofownershipcannotbe
308+176furnished;
309+177 (2)Photocopiesofreceipts,billsofsaleestablishingownership,ortitles,andthe
310+178sourceofallmajorcomponentpartsusedtorebuildthevehicle;
311+179 (3)Afeeofonehundredfiftydollarsinadditiontothefeesdescribedinsubsection5
312+180ofthissection.Suchfeeshallbedepositedinthestatetreasurytothecreditofthestate
313+181highwaysandtransportationdepartmentfund;and
314+182 (4)Aninspectioncertificate,otherthanamotorvehicleexaminationcertificate
315+183requiredundersubsection9ofthissection,completedandissuedbytheMissouristate
316+184highwaypatrol,orotherlawenforcementagencyasauthorizedbythedirectorofrevenue.
317+185Theinspectionperformedbythehighwaypatrolorotherauthorizedlocallawenforcement
318+186agencyshallincludeacheckforstolenvehicles.
319+187
320+HCSHBs799,334,424&1069 9 188Thedepartmentofrevenueshallissuetheowneracertificateofownershipdesignatedwith
321+189thewords"ReconstructedMotorVehicle"anddeliversuchcertificateofownershipin
322+190accordancewiththeprovisionsofthischapter.Notwithstandingsubsection9ofthissection,
323+191noownerofareconstructedmotorvehicledescribedinthissubsectionshallberequiredto
324+192obtainavehicleexaminationcertificateissuedbytheMissouristatehighwaypatrol.
325+301.448.Anypersonwhohasservedandwashonorablydischargedorcurrently
326+2servesin[anybranchoftheUnitedStatesArmedForces] theUnitedStatesArmy,Marine
327+3Corps,Navy,AirForce,SpaceForce,CoastGuard,orNationalGuard,orinthereserves
328+4foranysuchbranch, [theUnitedStatesCoastGuardorreserve,] theUnitedStatesMerchant
329+5Marinesorreserve, ortheMissouriNationalGuard,oranysubdivisionofanyofsuch
330+6servicesoramemberoftheUnitedStatesMarineCorpsLeaguemayapplyforspecialmotor
331+7vehiclelicenseplates,eithersolelyorjointly,forissuanceeithertopassengermotorvehicles
332+8subjecttotheregistrationfeesprovidedinsection301.055,ortononlocalproperty-carrying
333+9commercialmotorvehicleslicensedforagrossweightofsixthousandpoundsupthroughand
334+10includingtwenty-fourthousandpoundsasprovidedinsection301.057.Anysuchperson
335+11shallmakeapplicationforthespeciallicenseplatesonaformprovidedbythedirectorof
336+12revenueandfurnishsuchproofthatsuchpersonisamemberorformermemberofanysuch
337+13branchofserviceasthedirectormayrequire.Uponpresentationoftheproofofeligibility
338+14andannualpaymentofthefeerequiredforpersonalizedlicenseplatesinsection301.144,and
339+15otherfeesanddocumentswhichmayberequiredbylaw,thedepartmentshallissue
340+16personalizedlicenseplateswhichshallbeartheseal,logooremblem,alongwithawordor
341+17wordsdesignatingthebranchorsubdivisionofsuchserviceforwhichthepersonapplies.All
342+18seals,logos,emblemsorspecialsymbolsshallbecomeanintegralpartofthelicenseplate;
343+19however,noplateshallcontainmorethanoneseal,logo,emblemorspecialsymbolandthe
344+20designofsuchplatesshallbeapprovedbytheadvisorycommitteeestablishedinsection
345+21301.129andbythebranchorsubdivisionofsuchserviceortheMarineCorpsLeaguepriorto
346+22issuingsuchplates.Theplatesshallhaveawhitebackgroundwithablueandred
347+23configurationatthediscretionoftheadvisorycommitteeestablishedinsection301.129.The
348+24platesshallbeclearlyvisibleatnightandshallbeaestheticallyattractive,asprescribedby
349+25section301.130.Thebiddingprocessusedtoselectavendorforthematerialtomanufacture
350+26thelicenseplatesauthorizedbythissectionshallconsidertheaestheticappearanceofthe
351+27plate.Thedirectorofrevenueshallmakenecessaryrulesandregulationsfortheenforcement
352+28ofthissection,andshalldesignallnecessaryforms.Alllicenseplatesissuedunderthis
353+29provisionmustberenewedinaccordancewithlaw.Licenseplatesissuedunderthe
354+30provisionsofthissectionshallnotbetransferabletoanyotherperson,exceptthatany
355+31registeredco-ownerofthemotorvehicleshallbeentitledtooperatethemotorvehicleforthe
356+32durationoftheyearlicensed,intheeventofthedeathofthequalifiedapplicant.
357+HCSHBs799,334,424&1069 10 301.469.1.Anyvehicleownermayreceivelicenseplatesasprescribedinthis
358+2section,foranymotorvehiclesuchpersonowns,eithersolelyorjointly,otherthanan
359+3apportionedmotorvehicleoracommercialmotorvehiclelicensedinexcessoftwenty-four
360+4thousandpoundsgrossweight,afteranannualpaymentofanemblem-useauthorizationfeeto
361+5theMissouriconservationheritagefoundation.Thefoundationherebyauthorizestheuseof
362+6itsofficialemblemstobeaffixedonmultiyearlicenseplatesasprovidedinthissection.Any
363+7vehicleownermayannuallyapplyfortheuseoftheemblems.
364+8 2.Uponannualapplicationandpaymentofatwenty-fivedollaremblem-use
365+9authorizationfeetotheMissouriconservationheritagefoundation,thefoundationshallissue
366+10tothevehicleowner,withoutfurthercharge,anemblem-useauthorizationstatement,which
367+11shallbepresentedtothedirectorofthedepartmentofrevenueatthetimeofregistrationofa
368+12motorvehicle.
369+13 3.Uponpresentationoftheannualstatement,paymentofafifteendollarfeein
370+14additiontotheregularregistrationfeesanddocumentswhichmayberequiredbylaw,the
371+15directorofthedepartmentofrevenueshallissuealicenseplate,whichshallbearanemblem
372+16oftheMissouriconservationheritagefoundationinaformprescribedbythedirector,tothe
373+17vehicleowner.Suchlicenseplatesshallbemadewithfullyreflectivematerialwitha
374+18commoncolorschemeanddesign,shallbeclearlyvisibleatnight,andshallbeaesthetically
375+19attractive,asprescribedbysection301.130.Notwithstandingtheprovisionsofsection
376+20301.144,noadditionalfeeshallbechargedforthepersonalizationoflicenseplatespursuant
377+21tothissection.
378+22 4.Applicationfortheemblem-useauthorizationandpaymentofthetwenty-five-
379+23dollarcontributionmayalsobemadeatthetimeofregistrationtothedirectorofthe
380+24departmentofrevenue,whoshalldepositthecontributiontothecreditoftheMissouri
381+25conservationheritagefoundation.
382+26 5.Avehicleowner,whowaspreviouslyissuedaplatewithaMissouriconservation
383+27heritagefoundationemblemauthorizedbythissectionbutwhodoesnotprovideanemblem-
384+28useauthorizationstatementatasubsequenttimeofregistration,shallbeissuedanewplate
385+29whichdoesnotbearthefoundationemblem,asotherwiseprovidedbylaw.
386+30 [5.]6.Thedirectorofthedepartmentofrevenuemaypromulgaterulesand
387+31regulationsfortheadministrationofthissection.Anyruleorportionofarule,asthattermis
388+32definedinsection536.010,thatispromulgatedundertheauthoritydelegatedinthissection
389+33shallbecomeeffectiveonlyifithasbeenpromulgatedpursuanttotheprovisionsofchapter
390+34536.AllrulemakingauthoritydelegatedpriortoAugust28,1999,isofnoforceandeffect;
391+35however,nothinginthissectionshallbeinterpretedtorepealoraffectthevalidityofanyrule
392+36filedoradoptedpriortoAugust28,1999,ifitfullycompliedwiththeprovisionsofchapter
393+37536.Thissectionandchapter536arenonseverableandifanyofthepowersvestedwiththe
394+HCSHBs799,334,424&1069 11 38generalassemblypursuanttochapter536toreview,todelaytheeffectivedate,orto
395+39disapproveandannularulearesubsequentlyheldunconstitutional,thenthegrantof
396+40rulemakingauthorityandanyruleproposedoradoptedafterAugust28,1999,shallbeinvalid
397+41andvoid.
398+307.350.1.Theownerofeverymotorvehicleasdefinedinsection301.010whichis
399+2requiredtoberegisteredinthisstate,except:
400+3 (1)Motorvehicleshavinglessthanonehundredfiftythousandmiles[, fortheten-
401+4yearperiodfollowingtheirmodelyearofmanufacture] andofmodelyear2012ornewer,
402+5excludingpriorsalvagevehiclesimmediatelyfollowingarebuildingprocessandvehicles
403+6subjecttotheprovisionsofsection307.380;
404+7 (2)Thosemotorvehicleswhichareengagedininterstatecommerceandare
405+8proportionatelyregisteredinthisstatewiththeMissourihighwayreciprocitycommission,
406+9althoughtheownermayrequestthatsuchvehiclebeinspectedbyanofficialinspection
407+10station,andapeaceofficermaystopandinspectsuchvehiclestodeterminewhetherthe
408+11mechanicalconditionisincompliancewiththesafetyregulationsestablishedbytheUnited
409+12StatesDepartmentofTransportation;and
410+13 (3)Historicmotorvehiclesregisteredpursuanttosection301.131;
411+14 (4)Vehiclesregisteredinexcessoftwenty-fourthousandpoundsforaperiodofless
412+15thantwelvemonths;
413+16
414+17shallsubmitsuchvehiclestoabiennialinspectionoftheirmechanismandequipmentin
415+18accordancewiththeprovisionsofsections307.350to307.390andobtainacertificateof
416+19inspectionandapprovalandasticker,seal,orotherdevicefromadulyauthorizedofficial
417+20inspectionstation.Theinspection,excepttheinspectionofschoolbuseswhichshallbemade
418+21atthetimeprovidedinsection307.375,shallbemadeatthetimeprescribedintherulesand
419+22regulationsissuedbythesuperintendentoftheMissouristatehighwaypatrol;butthe
420+23inspectionofavehicleshallnotbemademorethansixtydayspriortothedateofapplication
421+24forregistrationorwithinsixtydaysofwhenavehicle'sregistrationistransferred;however,if
422+25avehiclewaspurchasedfromamotorvehicledealerandavalidinspectionhadbeenmade
423+26withinsixtydaysofthepurchasedate,thenewownershallbeabletoutilizeaninspection
424+27performedwithinninetydayspriortotheapplicationforregistrationortransfer.Anyvehicle
425+28manufacturedasaneven-numberedmodelyearvehicleshallbeinspectedandapproved
426+29pursuanttothesafetyinspectionprogramestablishedpursuanttosections307.350to307.390
427+30ineacheven-numberedcalendaryearandanysuchvehiclemanufacturedasanodd-numbered
428+31modelyearvehicleshallbeinspectedandapprovedpursuanttosections307.350to307.390
429+32ineachodd-numberedyear.Thecertificateofinspectionandapprovalshallbeasticker,seal,
430+33orotherdeviceorcombinationthereof,asthesuperintendentoftheMissouristatehighway
431+HCSHBs799,334,424&1069 12 34patrolprescribesbyregulationandshallbedisplayeduponthemotorvehicleortraileras
432+35prescribedbytheregulationsestablishedbyhim.Thereplacementofcertificatesof
433+36inspectionandapprovalwhicharelostordestroyedshallbemadebythesuperintendentof
434+37theMissouristatehighwaypatrolunderregulationsprescribedbyhim.
435+38 2.Forthepurposeofobtaininganinspectiononly,itshallbelawfultooperatea
436+39vehicleoverthemostdirectroutebetweentheowner'susualplaceofresidenceandan
437+40inspectionstationofsuchowner'schoice,notwithstandingthefactthatthevehicledoesnot
438+41haveacurrentstateregistrationlicense.Itshallalsobelawfultooperatesuchavehiclefrom
439+42aninspectionstationtoanotherplacewhererepairsmaybemadeandtoreturnthevehicleto
440+43theinspectionstationnotwithstandingtheabsenceofacurrentstateregistrationlicense.
441+44 3.Nopersonwhosemotorvehiclewasdulyinspectedandapprovedasprovidedin
442+45thissectionshallberequiredtohavethesamemotorvehicleagaininspectedandapprovedfor
443+46thesolereasonthatsuchpersonwishestoobtainasetofanyspecialpersonalizedlicense
444+47platesavailablepursuanttosection301.144orasetofanylicenseplatesavailablepursuantto
445+48section301.142,priortotheexpirationdateofsuchmotorvehicle'scurrentregistration.
446+49 4.Notwithstandingtheprovisionsofsection307.390,violationofthissectionshall
447+50bedeemedaninfraction.
448+307.380.1.Everyvehicleofthetyperequiredtobeinspecteduponhavingbeen
449+2involvedinanaccidentandwhensodirectedbyapoliceofficermustbeinspectedandan
450+3officialcertificateofinspectionandapproval,sticker,sealorotherdevicebeobtainedfor
451+4suchvehiclebeforeitisagainoperatedonthehighwaysofthisstate.
452+5 2.Attheseller'sexpenseeveryusedmotorvehicleofthetyperequiredtobe
453+6inspectedbysection307.350shallimmediatelypriortosalebefullyinspectedregardlessof
454+7anycurrentcertificateofinspectionandapproval,andanappropriatenewcertificateof
455+8inspectionandapproval,sticker,sealorotherdeviceshallbeobtainednomorethansixty
456+9dayspriortothedateofsale,exceptthatsuchinspectionshallnotberequiredfora
457+10motorvehiclesoldtoapersonwholivesoutsideofthisstateandintendstoregisterthe
458+11vehicleoutsideofthisstateorforamotorvehiclehavinglessthanthirtythousandmiles
459+12forthethree-yearperiodfollowingthemodelyearofmanufacturewhen:
460+13 (1)Soldbyaprivateseller;or
461+14 (2)Soldbyalicensedneworusedmotorvehicledealer,providedthatsuch
462+15dealerhassoldatleasttwohundredmotorvehiclesinthepreviouscalendaryear.
463+16
464+17Thesellerofamotorvehiclerequiredtobeinspectedunderthissubsectionshallpresent
465+18thecertificateofinspectionandapprovaltothebuyeratthepointofsaleandthebuyer
466+19shallberequiredtosubmitthecertificateofinspectionwhenapplyingforregistrationof
467+20thevehicle.
468+HCSHBs799,334,424&1069 13 21 [2.]3.Nothingcontainedintheprovisionsofthissectionshallbeconstruedto
469+22prohibitadealeroranyotherpersonfromsellingavehiclewithoutacertificateofinspection
470+23andapprovalifthevehicleissoldforjunk,salvage,orforrebuilding,orforvehiclessoldat
471+24publicauctionorfromdealertodealer.Thepurchaserofanyvehiclewhichispurchasedfor
472+25junk,salvage,orforrebuildingshallgivetotheselleranaffidavit,onaformprescribedbythe
473+26superintendentoftheMissouristatehighwaypatrol,statingthatthevehicleisbeing
474+27purchasedforoneofthereasonsstatedherein.Novehicleofthetyperequiredtobeinspected
475+28bysection307.350whichispurchasedasjunk,salvage,orforrebuildingshallagainbe
476+29registeredinthisstateuntiltheownerhassubmittedthevehicleforinspectionandobtained
477+30anofficialcertificateofinspectionandapproval,sticker,sealorotherdeviceforsuchvehicle.
478+31 [3.]4.Notwithstandingtheprovisionsofsection307.390,violationofthissection
479+32shallbedeemedaninfraction.
480+✔
481+HCSHBs799,334,424&1069 14