Missouri 2025 Regular Session

Missouri Senate Bill SB28 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2		EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3		and is intended to be omitted in the law.
4	4		FIRST REGULAR SESSION
5		-	[PERFECTED]
6		-	SENATE SUBSTITUTE FOR
7	5		SENATE BILL NO. 28
8	6		103RD GENERAL ASSEMBLY
9	7		INTRODUCED BY SENATOR BEAN.
10		-	0742S.~~02P~~ KRISTINA MARTIN, Secretary
	8	+	0742S.01I KRISTINA MARTIN, Secretary
11	9		AN ACT
12	10		To repeal sections 301.010 and 307.010, RSMo, and to enact in lieu thereof two new sections
13	11		relating to agriculture transportation, with existing penalty provisions.
14	12
15	13		Be it enacted by the General Assembly of the State of Missouri, as follows:
16	14		Section A. Sections 301.010 and 307.010, RSMo, are 1
17	15		repealed and two new sections enacted in lieu thereof, to be 2
18	16		known as sections 301.010 and 307.010, to read as follows:3
19	17		301.010. As used in this chapter and sections 304.010 1
20	18		to 304.040, 304.120 to 304.260, and sections 307.010 to 2
21	19		307.175, the following terms mean: 3
22	20		(1) "All-terrain vehicle", any motorized vehicle 4
23	21		manufactured and used exclusively for off -highway use, with 5
24	22		an unladen dry weight of one thousand five hundred pounds or 6
25	23		less, traveling on three, four or more nonhighway tires, 7
26	24		with either: 8
27	25		(a) A seat designed to be straddled by the operator, 9
28	26		and handlebars for steering control, but excluding an 10
29	27		electric bicycle; or 11
30	28		(b) A width of fifty inches or less, measured from 12
31	29		outside of tire rim to outside of tire rim, regardless of 13
32		-	seating or steering ~~arra ngement~~; 14 ~~SS SB 28 2~~
	30	+	seating or steering arrangement; 14
33	31		(2) "Autocycle", a three -wheeled motor vehicle which 15
34	32		the drivers and passengers ride in a partially or completely 16
35	33		enclosed nonstraddle seating area, that is designed to be 17
36		-	controlled with a steering wheel and pedals, and that has 18
	34	+	controlled with a steering wheel and pedals, and that has 18 SB 28 2
37	35		met applicable Department of Transportation National Highway 19
38	36		Traffic Safety Administration requirements or federal 20
39	37		motorcycle safety standards; 21
40	38		(3) "Automobile transporter", any vehicle combination 22
41	39		capable of carrying cargo on the power unit and designed and 23
42	40		used for the transport of assembled mot or vehicles, 24
43	41		including truck camper units; 25
44	42		(4) "Axle load", the total load transmitted to the 26
45	43		road by all wheels whose centers are included between two 27
46	44		parallel transverse vertical planes forty inches apart, 28
47	45		extending across the full width of the vehicle; 29
48	46		(5) "Backhaul", the return trip of a vehicle 30
49	47		transporting cargo or general freight, especially when 31
50	48		carrying goods back over all or part of the same route; 32
51	49		(6) "Boat transporter", any vehicle combination 33
52	50		capable of carrying cargo o n the power unit and designed and 34
53	51		used specifically to transport assembled boats and boat 35
54	52		hulls. Boats may be partially disassembled to facilitate 36
55	53		transporting; 37
56	54		(7) "Body shop", a business that repairs physical 38
57	55		damage on motor vehicles that are not owned by the shop or 39
58	56		its officers or employees by mending, straightening, 40
59	57		replacing body parts, or painting; 41
60	58		(8) "Bus", a motor vehicle primarily for the 42
61	59		transportation of a driver and eight or more passengers but 43
62	60		not including shuttle buses; 44
63	61		(9) "Commercial motor vehicle", a motor vehicle 45
64		-	designed or regularly used for carrying freight and 46 ~~SS SB 28 3~~
	62	+	designed or regularly used for carrying freight and 46
65	63		merchandise, or more than eight passengers but not including 47
66	64		vanpools or shuttle buses; 48
67	65		(10) "Cotton trailer", a trailer designed [and used 49
68		-	exclusively] for transporting cotton at speeds less than 50
	66	+	exclusively] for transporting cotton at speeds less than 50 SB 28 3
69	67		[forty] sixty-five miles per hour from field to field or 51
70	68		from field to market and return; 52
71	69		(11) "Dealer", any person, firm, corporation, 53
72	70		association, agent or subagent engaged in the sale or 54
73	71		exchange of new, used or reconstructed motor vehicles or 55
74	72		trailers; 56
75	73		(12) "Director" or "director of revenue", the director 57
76	74		of the department of revenue; 58
77	75		(13) "Driveaway operation": 59
78	76		(a) The movement of a motor vehicle or trailer by any 60
79	77		person or motor carrier other than a dealer over any public 61
80	78		highway, under its own power singly, or in a fixed 62
81	79		combination of two or more vehicles, for the purpose of 63
82	80		delivery for sale or for delivery either before or after 64
83	81		sale; 65
84	82		(b) The movement of any vehicle or vehicles, not owned 66
85	83		by the transporter, constituting the commodity being 67
86	84		transported, by a person engaged in the business of 68
87	85		furnishing drivers and operators for the purpose of 69
88	86		transporting vehicles in transit from one place to anot her 70
89	87		by the driveaway or towaway methods; or 71
90	88		(c) The movement of a motor vehicle by any person who 72
91	89		is lawfully engaged in the business of transporting or 73
92	90		delivering vehicles that are not the person's own and 74
93	91		vehicles of a type otherwise required t o be registered, by 75
94	92		the driveaway or towaway methods, from a point of 76
95		-	manufacture, assembly or distribution or from the owner of 77 ~~SS SB 28 4~~
	93	+	manufacture, assembly or distribution or from the owner of 77
96	94		the vehicles to a dealer or sales agent of a manufacturer or 78
97	95		to any consignee designated by the shipper or consignor; 79
98	96		(14) "Dromedary", a box, deck, or plate mounted behind 80
99	97		the cab and forward of the fifth wheel on the frame of the 81
100		-	power unit of a truck tractor -semitrailer combination. A 82
	98	+	power unit of a truck tractor -semitrailer combination. A 82 SB 28 4
101	99		truck tractor equipped with a dromedary may carry part of a 83
102	100		load when operating independently or in a combination with a 84
103	101		semitrailer; 85
104	102		(15) "Electric bicycle", a bicycle equipped with fully 86
105	103		operable pedals, a saddle or seat for the rider, and an 87
106	104		electric motor of less than 750 watts that meets the 88
107	105		requirements of one of the following three classes: 89
108	106		(a) "Class 1 electric bicycle", an electric bicycle 90
109	107		equipped with a motor that provides assistance only when the 91
110	108		rider is pedaling and that ceases to provide assistance when 92
111	109		the bicycle reaches the speed of twenty miles pe r hour; 93
112	110		(b) "Class 2 electric bicycle", an electric bicycle 94
113	111		equipped with a motor that may be used exclusively to propel 95
114	112		the bicycle and that is not capable of providing assistance 96
115	113		when the bicycle reaches the speed of twenty miles per hour; 97
116	114		or 98
117	115		(c) "Class 3 electric bicycle", an electric bicycle 99
118	116		equipped with a motor that provides assistance only when the 100
119	117		rider is pedaling and that ceases to provide assistance when 101
120	118		the bicycle reaches the speed of twenty -eight miles per hour; 102
121	119		(16) "Farm tractor", a tractor used exclusively for 103
122	120		agricultural purposes; 104
123	121		(17) "Fleet", any group of ten or more motor vehicles 105
124	122		owned by the same owner; 106
125	123		(18) "Fleet vehicle", a motor vehicle which is 107
126		-	included as part of a fleet; 108 ~~SS SB 28 5~~
	124	+	included as part of a fleet; 108
127	125		(19) "Fullmount", a vehicle mounted completely on the 109
128	126		frame of either the first or last vehicle in a saddlemount 110
129	127		combination; 111
130	128		(20) "Gross weight", the weight of vehicle and/or 112
131	129		vehicle combination without load, plus the weight of any 113
132		-	load thereon; 114
	130	+	load thereon; 114 SB 28 5
133	131		(21) "Hail-damaged vehicle", any vehicle, the body of 115
134	132		which has become dented as the result of the impact of hail; 116
135	133		(22) "Highway", any public thoroughfare for vehicles, 117
136	134		including state roads, county roads and public streets, 118
137	135		avenues, boulevards, parkw ays or alleys in any municipality; 119
138	136		(23) "Improved highway", a highway which has been 120
139	137		paved with gravel, macadam, concrete, brick or asphalt, or 121
140	138		surfaced in such a manner that it shall have a hard, smooth 122
141	139		surface; 123
142	140		(24) "Intersecting highway", any highway which joins 124
143	141		another, whether or not it crosses the same; 125
144	142		(25) "Junk vehicle", a vehicle which: 126
145	143		(a) Is incapable of operation or use upon the highways 127
146	144		and has no resale value except as a source of parts or 128
147	145		scrap; or 129
148	146		(b) Has been designated as junk or a substantially 130
149	147		equivalent designation by this state or any other state; 131
150	148		(26) "Kit vehicle", a motor vehicle assembled by a 132
151	149		person other than a generally recognized manufacturer of 133
152	150		motor vehicles by the use of a glider kit or replica 134
153	151		purchased from an authorized manufacturer and accompanied by 135
154	152		a manufacturer's statement of origin; 136
155	153		(27) "Land improvement contractors' commercial motor 137
156	154		vehicle", any not-for-hire commercial motor vehicle the 138
157		-	operation of which is ~~confined~~ to: 139 ~~SS SB 28 6~~
	155	+	operation of which is c onfined to: 139
158	156		(a) An area that extends not more than a radius of one 140
159	157		hundred fifty miles from its home base of operations when 141
160	158		transporting its owner's machinery, equipment, or auxiliary 142
161	159		supplies to or from projects involving soil and water 143
162	160		conservation, or to and from equipment dealers' maintenance 144
163		-	facilities for maintenance purposes; or 145
	161	+	facilities for maintenance purposes; or 145 SB 28 6
164	162		(b) An area that extends not more than a radius of 146
165	163		fifty miles from its home base of operations when 147
166	164		transporting its owner's machinery, equipment, or aux iliary 148
167	165		supplies to or from projects not involving soil and water 149
168	166		conservation. 150
169	167		Nothing in this subdivision shall be construed to prevent 151
170	168		any motor vehicle from being registered as a commercial 152
171	169		motor vehicle or local commercial motor vehicle; 153
172	170		(28) "Local commercial motor vehicle", a commercial 154
173	171		motor vehicle whose operations are confined to a 155
174	172		municipality and that area extending not more than fifty 156
175	173		miles therefrom, or a commercial motor vehicle whose 157
176	174		property-carrying operations are confined sol ely to the 158
177	175		transportation of property owned by any person who is the 159
178	176		owner or operator of such vehicle to or from a farm owned by 160
179	177		such person or under the person's control by virtue of a 161
180	178		landlord and tenant lease; provided that any such property 162
181	179		transported to any such farm is for use in the operation of 163
182	180		such farm; 164
183	181		(29) "Local log truck", a commercial motor vehicle 165
184	182		which is registered pursuant to this chapter to operate as a 166
185	183		motor vehicle on the public highways of this state; used 167
186	184		exclusively in this state; used to transport harvested 168
187	185		forest products; operated solely at a forested site and in 169
188		-	an area extending not more than a one hundred fifty mile 170 ~~SS SB 28 7~~
	186	+	an area extending not more than a one hundred fifty mile 170
189	187		radius from such site; and when operated on the national 171
190	188		system of interstate and defense hi ghways described in 23 172
191	189		U.S.C. Section 103, as amended, or outside the one hundred 173
192	190		fifty mile radius from such site with an extended distance 174
193	191		local log truck permit, does not have more than four axles, 175
194		-	and does not pull a trailer which has more than ~~three~~ 176
	192	+	and does not pull a trailer which has more than thr ee 176 SB 28 7
195	193		axles. Harvesting equipment which is used specifically for 177
196	194		cutting, felling, trimming, delimbing, debarking, chipping, 178
197	195		skidding, loading, unloading, and stacking may be 179
198	196		transported on a local log truck; 180
199	197		(30) "Local log truck tractor", a comme rcial motor 181
200	198		vehicle which is registered under this chapter to operate as 182
201	199		a motor vehicle on the public highways of this state; used 183
202	200		exclusively in this state; used to transport harvested 184
203	201		forest products, operated at a forested site and in an area 185
204	202		extending not more than a one hundred fifty mile radius from 186
205	203		such site; and when operated on the national system of 187
206	204		interstate and defense highways described in 23 U.S.C. 188
207	205		Section 103, as amended, or outside the one hundred fifty 189
208	206		mile radius from such site with an extended distance local 190
209	207		log truck permit, does not have more than three axles and 191
210	208		does not pull a trailer which has more than three axles; 192
211	209		(31) "Local transit bus", a bus whose operations are 193
212	210		confined wholly within a municipal corporation, or wholly 194
213	211		within a municipal corporation and a commercial zone, as 195
214	212		defined in section 390.020, adjacent thereto, forming a part 196
215	213		of a public transportation system within such municipal 197
216	214		corporation and such municipal corporation and adjacent 198
217	215		commercial zone; 199
218	216		(32) "Log truck", a vehicle which is not a local log 200
219	217		truck or local log truck tractor and is used exclusively to 201
220		-	transport harvested forest products to and from forested 202 ~~SS SB 28 8~~
	218	+	transport harvested forest products to and from forested 202
221	219		sites which is registered pursuant to this chapter to 203
222	220		operate as a motor vehicle on the public highways of this 204
223	221		state for the transportation of harvested forest products; 205
224	222		(33) "Major component parts", the rear clip, cowl, 206
225		-	frame, body, cab, front -end assembly, and front ~~cl ip~~, as 207
	223	+	frame, body, cab, front -end assembly, and front clip, as 207 SB 28 8
226	224		those terms are defined by the direct or of revenue pursuant 208
227	225		to rules and regulations or by illustrations; 209
228	226		(34) "Manufacturer", any person, firm, corporation or 210
229	227		association engaged in the business of manufacturing or 211
230	228		assembling motor vehicles, trailers or vessels for sale; 212
231	229		(35) "Motor change vehicle", a vehicle manufactured 213
232	230		prior to August, 1957, which receives a new, rebuilt or used 214
233	231		engine, and which used the number stamped on the original 215
234	232		engine as the vehicle identification number; 216
235	233		(36) "Motor vehicle", any self -propelled vehicle not 217
236	234		operated exclusively upon tracks, except farm tractors and 218
237	235		electric bicycles; 219
238	236		(37) "Motor vehicle primarily for business use", any 220
239	237		vehicle other than a recreational motor vehicle, motorcycle, 221
240	238		motortricycle, or any commercial moto r vehicle licensed for 222
241	239		over twelve thousand pounds: 223
242	240		(a) Offered for hire or lease; or 224
243	241		(b) The owner of which also owns ten or more such 225
244	242		motor vehicles; 226
245	243		(38) "Motorcycle", a motor vehicle operated on two 227
246	244		wheels; 228
247	245		(39) "Motorized bicycle", any two-wheeled or three- 229
248	246		wheeled device having an automatic transmission and a motor 230
249	247		with a cylinder capacity of not more than fifty cubic 231
250	248		centimeters, which produces less than three gross brake 232
251		-	horsepower, and is capable of propelling the ~~device~~ at a 233 ~~SS SB 28 9~~
	249	+	horsepower, and is capable of propelling the devi ce at a 233
252	250		maximum speed of not more than thirty miles per hour on 234
253	251		level ground, but excluding an electric bicycle; 235
254	252		(40) "Motortricycle", a motor vehicle upon which the 236
255	253		operator straddles or sits astride that is designed to be 237
256	254		controlled by handle b ars and is operated on three wheels, 238
257		-	including a motorcycle while operated with any conveyance, 239
	255	+	including a motorcycle while operated with any conveyance, 239 SB 28 9
258	256		temporary or otherwise, requiring the use of a third wheel, 240
259	257		but excluding an electric bicycle. A motortricycle shall 241
260	258		not be included in the definition of a ll-terrain vehicle; 242
261	259		(41) "Municipality", any city, town or village, 243
262	260		whether incorporated or not; 244
263	261		(42) "Nonresident", a resident of a state or country 245
264	262		other than the state of Missouri; 246
265	263		(43) "Non-USA-std motor vehicle", a motor vehicle no t 247
266	264		originally manufactured in compliance with United States 248
267	265		emissions or safety standards; 249
268	266		(44) "Operator", any person who operates or drives a 250
269	267		motor vehicle; 251
270	268		(45) "Owner", any person, firm, corporation or 252
271	269		association, who holds the legal ti tle to a vehicle or who 253
272	270		has executed a buyer's order or retail installment sales 254
273	271		contract with a motor vehicle dealer licensed under sections 255
274	272		301.550 to 301.580 for the purchase of a vehicle with an 256
275	273		immediate right of possession vested in the transfere e, or 257
276	274		in the event a vehicle is the subject of an agreement for 258
277	275		the conditional sale or lease thereof with the right of 259
278	276		purchase upon performance of the conditions stated in the 260
279	277		agreement and with an immediate right of possession vested 261
280	278		in the conditional vendee or lessee, or in the event a 262
281	279		mortgagor of a vehicle is entitled to possession, then such 263
282	280		conditional vendee or lessee or mortgagor shall be deemed 264
283		-	the owner; 265 ~~SS SB 28 10~~
	281	+	the owner; 265
284	282		(46) "Public garage", a place of business where motor 266
285	283		vehicles are housed, s tored, repaired, reconstructed or 267
286	284		repainted for persons other than the owners or operators of 268
287	285		such place of business; 269
288	286		(47) "Rebuilder", a business that repairs or rebuilds 270
289		-	motor vehicles owned by the ~~re builder~~, but does not include 271
	287	+	motor vehicles owned by the rebuilder, but does not include 271 SB 28 10
290	288		certificated common or contract carriers of persons or 272
291	289		property; 273
292	290		(48) "Reconstructed motor vehicle", a vehicle that is 274
293	291		altered from its original construction by the addition or 275
294	292		substitution of two or more new or used major component 276
295	293		parts, excluding motor vehi cles made from all new parts, and 277
296	294		new multistage manufactured vehicles; 278
297	295		(49) "Recreational motor vehicle", any motor vehicle 279
298	296		designed, constructed or substantially modified so that it 280
299	297		may be used and is used for the purposes of temporary 281
300	298		housing quarters, including therein sleeping and eating 282
301	299		facilities which are either permanently attached to the 283
302	300		motor vehicle or attached to a unit which is securely 284
303	301		attached to the motor vehicle. Nothing herein shall prevent 285
304	302		any motor vehicle from being regi stered as a commercial 286
305	303		motor vehicle if the motor vehicle could otherwise be so 287
306	304		registered; 288
307	305		(50) "Recreational off-highway vehicle", any motorized 289
308	306		vehicle manufactured and used exclusively for off -highway 290
309	307		use which is more than fifty inches but n o more than eighty 291
310	308		inches in width, measured from outside of tire rim to 292
311	309		outside of tire rim, with an unladen dry weight of three 293
312	310		thousand five hundred pounds or less, traveling on four or 294
313	311		more nonhighway tires and which may have access to ATV 295
314		-	trails; 296 ~~SS SB 28 11~~
	312	+	trails; 296
315	313		(51) "Recreational trailer", any trailer designed, 297
316	314		constructed, or substantially modified so that it may be 298
317	315		used and is used for the purpose of temporary housing 299
318	316		quarters, including therein sleeping or eating facilities, 300
319	317		which can be temporarily attached to a motor vehicle or 301
320	318		attached to a unit which is securely attached to a motor 302
321		-	vehicle; 303
	319	+	vehicle; 303 SB 28 11
322	320		(52) "Rollback or car carrier", any vehicle 304
323	321		specifically designed to transport wrecked, disabled or 305
324	322		otherwise inoperable vehicles, when the transpor tation is 306
325	323		directly connected to a wrecker or towing service; 307
326	324		(53) "Saddlemount combination", a combination of 308
327	325		vehicles in which a truck or truck tractor tows one or more 309
328	326		trucks or truck tractors, each connected by a saddle to the 310
329	327		frame or fifth wheel of the vehicle in front of it. The 311
330	328		"saddle" is a mechanism that connects the front axle of the 312
331	329		towed vehicle to the frame or fifth wheel of the vehicle in 313
332	330		front and functions like a fifth wheel kingpin connection. 314
333	331		When two vehicles are towed in this manner the combination 315
334	332		is called a "double saddlemount combination". When three 316
335	333		vehicles are towed in this manner, the combination is called 317
336	334		a "triple saddlemount combination"; 318
337	335		(54) "Salvage dealer and dismantler", a business that 319
338	336		dismantles used motor vehicles for the sale of the parts 320
339	337		thereof, and buys and sells used motor vehicle parts and 321
340	338		accessories; 322
341	339		(55) "Salvage vehicle", a motor vehicle, semitrailer, 323
342	340		or house trailer which: 324
343	341		(a) Was damaged during a year that is no more than six 325
344	342		years after the manufacturer's model year designation for 326
345	343		such vehicle to the extent that the total cost of repairs to 327
346		-	rebuild or reconstruct the vehicle to its condition 328 ~~SS SB 28 12~~
	344	+	rebuild or reconstruct the vehicle to its condition 328
347	345		immediately before it was damaged for legal operation on the 329
348	346		roads or highways exceeds eighty percent of the fair market 330
349	347		value of the vehicle immediately preceding the time it was 331
350	348		damaged; 332
351	349		(b) By reason of condition or circumstance, has been 333
352		-	declared salvage, either by ~~it s~~ owner, or by a person, firm, 334
	350	+	declared salvage, either by its owner, or by a person, firm, 334 SB 28 12
353	351		corporation, or other legal entity exercising the right of 335
354	352		security interest in it; 336
355	353		(c) Has been declared salvage by an insurance company 337
356	354		as a result of settlement of a claim; 338
357	355		(d) Ownership of which is evidenced by a salvage 339
358	356		title; or 340
359	357		(e) Is abandoned property which is titled pursuant to 341
360	358		section 304.155 or section 304.157 and designated with the 342
361	359		words "salvage/abandoned property". The total cost of 343
362	360		repairs to rebuild or reconstruct the vehicle shall not 344
363	361		include the cost of repairing, replacing, or reinstalling 345
364	362		inflatable safety restraints, tires, sound systems, or 346
365	363		damage as a result of hail, or any sales tax on parts or 347
366	364		materials to rebuild or reconstruct the vehicle. For 348
367	365		purposes of this definition, "fair market value" means the 349
368	366		retail value of a motor vehicle as: 350
369	367		a. Set forth in a current edition of any nationally 351
370	368		recognized compilation of retail values, including automated 352
371	369		databases, or from publications commonly used by the 353
372	370		automotive and insurance industries to establish the v alues 354
373	371		of motor vehicles; 355
374	372		b. Determined pursuant to a market survey of 356
375	373		comparable vehicles with regard to condition and equipment; 357
376	374		and 358
377	375		c. Determined by an insurance company using any other 359
378		-	procedure recognized by the insurance industry, ~~including~~ 360 ~~SS SB 28 13~~
	376	+	procedure recognized by the insurance industry, incl uding 360
379	377		market surveys, that is applied by the company in a uniform 361
380	378		manner; 362
381	379		(56) "School bus", any motor vehicle used solely to 363
382	380		transport students to or from school or to transport 364
383		-	students to or from ~~an y~~ place for educational purposes; 365
	381	+	students to or from any place for educational purposes; 365 SB 28 13
384	382		(57) "Scrap processor", a business that, through the 366
385	383		use of fixed or mobile equipment, flattens, crushes, or 367
386	384		otherwise accepts motor vehicles and vehicle parts for 368
387	385		processing or transportation to a shredder or scrap metal 369
388	386		operator for recycling; 370
389	387		(58) "Shuttle bus", a motor vehicle used or maintained 371
390	388		by any person, firm, or corporation as an incidental service 372
391	389		to transport patrons or customers of the regular business of 373
392	390		such person, firm, or corporation to and from the place of 374
393	391		business of the perso n, firm, or corporation providing the 375
394	392		service at no fee or charge. Shuttle buses shall not be 376
395	393		registered as buses or as commercial motor vehicles; 377
396	394		(59) "Special mobile equipment", every self -propelled 378
397	395		vehicle not designed or used primarily for th e 379
398	396		transportation of persons or property and incidentally 380
399	397		operated or moved over the highways, including farm 381
400	398		equipment, implements of husbandry, road construction or 382
401	399		maintenance machinery, ditch -digging apparatus, stone 383
402	400		crushers, air compressors, powe r shovels, cranes, graders, 384
403	401		rollers, well-drillers and wood-sawing equipment used for 385
404	402		hire, asphalt spreaders, bituminous mixers, bucket loaders, 386
405	403		ditchers, leveling graders, finished machines, motor 387
406	404		graders, road rollers, scarifiers, earth -moving carryalls, 388
407	405		scrapers, drag lines, concrete pump trucks, rock -drilling 389
408	406		and earth-moving equipment. This enumeration shall be 390
409	407		deemed partial and shall not operate to exclude other such 391
410		-	vehicles which are within the general terms of this section; 392 ~~SS SB 28 14~~
	408	+	vehicles which are within the general terms of this section; 392
411	409		(60) "Specially constructed motor vehicle", a motor 393
412	410		vehicle which shall not have been originally constructed 394
413	411		under a distinctive name, make, model or type by a 395
414	412		manufacturer of motor vehicles. The term specially 396
415		-	constructed motor vehicle includes kit vehicles; 397
	413	+	constructed motor vehicle includes kit vehicles ; 397 SB 28 14
416	414		(61) "Stinger-steered combination", a truck tractor - 398
417	415		semitrailer wherein the fifth wheel is located on a drop 399
418	416		frame located behind and below the rearmost axle of the 400
419	417		power unit; 401
420	418		(62) "Tandem axle", a group of two or more axles, 402
421	419		arranged one behind another, the distance between the 403
422	420		extremes of which is more than forty inches and not more 404
423	421		than ninety-six inches apart; 405
424	422		(63) "Towaway trailer transporter combination", a 406
425	423		combination of vehicles consisting of a trailer transporter 407
426	424		towing unit and two trailers or semitrailers, with a total 408
427	425		weight that does not exceed twenty -six thousand pounds; and 409
428	426		in which the trailers or semitrailers carry no property and 410
429	427		constitute inventory property of a manufacturer, 411
430	428		distributer, or dealer of such trailers or semitrailers; 412
431	429		(64) "Tractor", "truck tractor" or "truck -tractor", a 413
432	430		self-propelled motor vehicle designed for drawing other 414
433	431		vehicles, but not for the carriage of any load when 415
434	432		operating independently. When attached to a semitrailer, it 416
435	433		supports a part of the weight thereof; 417
436	434		(65) "Trailer", any vehicle without motive power 418
437	435		designed for carrying property or passengers on its own 419
438	436		structure and for being drawn by a self -propelled vehicle, 420
439	437		except those running exclusively on trac ks, including a 421
440	438		semitrailer or vehicle of the trailer type so designed and 422
441	439		used in conjunction with a self -propelled vehicle that a 423
442		-	considerable part of its own weight rests upon and is 424 ~~SS SB 28 15~~
	440	+	considerable part of its own weight rests upon and is 424
443	441		carried by the towing vehicle. The term trailer shall not 425
444	442		include cotton trailers as defined in this section and shall 426
445		-	not include manufactured homes as defined in section 700.010; 427
	443	+	not include manufactured homes as defined in section 700.010; 427 SB 28 15
446	444		(66) "Trailer transporter towing unit", a power unit 428
447	445		that is not used to carry property when operating in a 429
448	446		towaway trailer transp orter combination; 430
449	447		(67) "Truck", a motor vehicle designed, used, or 431
450	448		maintained for the transportation of property; 432
451	449		(68) "Truck-tractor semitrailer-semitrailer", a 433
452	450		combination vehicle in which the two trailing units are 434
453	451		connected with a B-train assembly which is a rigid frame 435
454	452		extension attached to the rear frame of a first semitrailer 436
455	453		which allows for a fifth -wheel connection point for the 437
456	454		second semitrailer and has one less articulation point than 438
457	455		the conventional A-dolly connected truck -tractor semitrailer- 439
458	456		trailer combination; 440
459	457		(69) "Truck-trailer boat transporter combination", a 441
460	458		boat transporter combination consisting of a straight truck 442
461	459		towing a trailer using typically a ball and socket 443
462	460		connection with the trailer axle located substantially at 444
463	461		the trailer center of gravity rather than the rear of the 445
464	462		trailer but so as to maintain a downward force on the 446
465	463		trailer tongue; 447
466	464		(70) "Used parts dealer", a business that buys and 448
467	465		sells used motor vehicle parts or accessories, but not 449
468	466		including a business that sells only new, remanufactured or 450
469	467		rebuilt parts. Business does not include isolated sales at 451
470	468		a swap meet of less than three days; 452
471	469		(71) "Utility vehicle", any motorized vehicle 453
472	470		manufactured and used exclusively for off-highway use which 454
473	471		is more than fifty inches but no more than eighty inches in 455
474		-	width, measured from outside of tire rim to outside of tire 456 ~~SS SB 28 16~~
	472	+	width, measured from outside of tire rim to outside of tire 456
475	473		rim, with an unladen dry weight of three thousand five 457
476		-	hundred pounds or less, traveling on four or six wheels, to 458
	474	+	hundred pounds or less, traveling on four or six wheels , to 458 SB 28 16
477	475		be used primarily for landscaping, lawn care, or maintenance 459
478	476		purposes; 460
479	477		(72) "Vanpool", any van or other motor vehicle used or 461
480	478		maintained by any person, group, firm, corporation, 462
481	479		association, city, county or state agency, or any member 463
482	480		thereof, for the transportation of not less than eight nor 464
483	481		more than forty-eight employees, per motor vehicle, to and 465
484	482		from their place of employment; however, a vanpool shall not 466
485	483		be included in the definition of the term bus or commercial 467
486	484		motor vehicle as defined in this section, nor shall a 468
487	485		vanpool driver be deemed a chauffeur as that term is defined 469
488	486		by section 303.020; nor shall use of a vanpool vehicle for 470
489	487		ride-sharing arrangements, recreational, personal, or 471
490	488		maintenance uses constitute an unlicensed use of the motor 472
491	489		vehicle, unless used for monetary profit other than for use 473
492	490		in a ride-sharing arrangement; 474
493	491		(73) "Vehicle", any mechanical device on wheels, 475
494	492		designed primarily for use, or used, on highways, except 476
495	493		motorized bicycles, electric bic ycles, vehicles propelled or 477
496	494		drawn by horses or human power, or vehicles used exclusively 478
497	495		on fixed rails or tracks, or cotton trailers or motorized 479
498	496		wheelchairs operated by handicapped persons; 480
499	497		(74) "Wrecker" or "tow truck", any emergency 481
500	498		commercial vehicle equipped, designed and used to assist or 482
501	499		render aid and transport or tow disabled or wrecked vehicles 483
502	500		from a highway, road, street or highway rights -of-way to a 484
503	501		point of storage or repair, including towing a replacement 485
504	502		vehicle to replace a disabled or wrecked vehicle; 486
505	503		(75) "Wrecker or towing service", the act of 487
506		-	transporting, towing or recovering with a wrecker, tow 488 ~~SS SB 28 17~~
	504	+	transporting, towing or recovering with a wrecker, tow 488
507	505		truck, rollback or car carrier any vehicle not owned by the 489
508		-	operator of the wrecker, tow truck, rollback or car ~~carrier~~ 490
	506	+	operator of the wrecker, tow truck, rollback or car carrie r 490 SB 28 17
509	507		for which the operator directly or indirectly receives 491
510	508		compensation or other personal gain. 492
511	509		307.010. 1. All motor vehicles, and every trailer and 1
512	510		semitrailer operating upon the public highways of this state 2
513	511		and carrying goods or material or farm products which may 3
514	512		reasonably be expected to become dislodged and fall from the 4
515	513		vehicle, trailer or semitrailer as a result of wind pressure 5
516	514		or air pressure and/or by the movement of the vehicle, 6
517	515		trailer or semitrailer shall have a pro tective cover or be 7
518	516		sufficiently secured so that no portion of such goods or 8
519	517		material can become dislodged and fall from the vehicle, 9
520	518		trailer or semitrailer while being transported or carried. 10
521	519		2. A cotton trailer, as defined in section 301.010, 11
522	520		shall not be in violation of this section, provided it is 12
523	521		traveling at speeds less than sixty -five miles per hour from 13
524		-	field to field or from field to market and return, no 14
	522	+	field to field or from field to market and return, and no 14
525	523		portion of such goods or material becomes dislodged and 15
526		-	falls from the cotton trailer, and the goods are or material 16
527		-	is: 17
528		-	(1) Immobilized, such so that it cannot shift or tip 18
529		-	to the extent that the vehicle's stability or 19
530		-	maneuverability is adversely affected; 20
531		-	(2) Transported in a sided vehicle that has walls of 21
532		-	adequate strength, such that each article of cargo within 22
533		-	the vehicle is in contact with, or sufficiently close to a 23
534		-	wall or other articles, so that it cannot shift or tip to 24
535		-	the extent that the vehicle's stability o r maneuverability 25
536		-	is adversely affected; 26
537		-	(3) Fully contained within the structure of the 27
538		-	vehicle, and firmly immobilized or secured on or within the 28 SS SB 28 18
539		-	vehicle by structures of adequate strength, dunnage or 29
540		-	dunnage bags, shoring bars, tiedowns, or a combination of 30
541		-	these; or 31
542		-	(4) Otherwise secured in accordance with federal law. 32
543		-	3. Operation of a motor vehicle, trailer or 33
544		-	semitrailer in violation of this section shall be a class C 34
545		-	misdemeanor, and any person convicted thereof shall be 35
546		-	punished as provided by law. 36
	524	+	falls from the cotto n trailer. 16
	525	+	3. Operation of a motor vehicle, trailer or 17
	526	+	semitrailer in violation of this section shall be a class C 18
	527	+	misdemeanor, and any person convicted thereof shall be 19
	528	+	punished as provided by law. 20
547	529		