01RS SB154

SB154

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SB 154/LM (BR 1417) - R. Jones II

     AN ACT relating to motor carriers.
     Create a new section of KRS 281, relating to safety inspections of motor carriers, to define "rear impact guards and rear end protection"; require the Transportation Cabinet and the State Police to include the inspection of rear impact guards and rear end protection when performing safety inspections; require the Transportation Cabinet to include violations of missing or defective rear impact guards and rear end protection in the out-of-service criteria used for safety inspections; amend KRS 281.990, relating to penalties for violations of motor carrier laws, to establish a fine of $250 for violation.

SB 154 - AMENDMENTS


     SCS - Retain the provisions of the original bill with the following changes: amend subsection (1) of Section 2 to allow a person cited for a missing or defective rear impact guard to show proof to the county attorney within 30 days of the date of the citation that the missing or defective part has been installed, replaced, or repaired and then the citation is required to be dismissed; and add a new Section 3 to delay enforcement of the fine and out-of-service provisions for the first 90 days following the effective date of the bill; provide that during the first 90 days motor carriers be issued courtesy warnings as to the fine and out-of-service penalties that will occur if the person continues to operate the motor carrier with a missing or defective rear impact guard and rear end protection.
     SFA (1, R. Jones II) - Add a new provision in subsection (1) of Section 2 to allow a person cited for a missing or defective rear impact guard, to show proof to the county attorney within 30 days of the date of the citation that the rear impact guard has been installed, repaired, or replaced. If the proof is given to the county attorney the citation is required to be dismissed.
     SFA (2, R. Sanders Jr) - Amend to add a new subsection (4) to Section 1 of the bill to allow a vehicle placed out-of-service for a missing or defective rear impact guard to be permitted to be driven rather than towed to a dealer, mechanic, garage, or other repair facility.
     SFA (3, R. Sanders Jr) - Amend to add two new subsections to Section 1 of the bill to establish limited circumstances that allow a vehicle placed out-of-service for a missing or defective rear impact guard to continue to operate on the highways while the part is on order.
     SFA (4, R. Jones II) - Amend to add a new section 3 to delay enforcement for the first 90 days following the effective date of the Act, and mandate that in that 90 day time frame, law enforcement officers shall issue a courtesy warning informing them of the fine and out-of-service criteria and the date the Act will be fully enforced.
     HFA (1, R. Thomas) - Add a new subsection (4) to Section 1 of the bill to allow a vehicle placed out-of-service for a missing or defective rear impact guard to be permitted to be driven rather than towed to a dealer, mechanic, garage, or other repair facility; if loaded, permit the vehicle to continue to its destination to unload before driving to a repair facility.
     HFA (2, R. Thomas) - Amend to add a new subsection (4) to Section 1 of the bill to allow a vehicle placed out-of-service for a missing or defective rear impact guard to be permitted to drive to their destination if the vehicle is transporting livestock or a perishable product or perishable commodity.

     Feb 14-introduced in Senate
     Feb 19-to Transportation (S)
     Feb 21-reported favorably, 1st reading, to Calendar; floor amendment (1) filed
     Feb 22-2nd reading, to Rules
     Feb 26-floor amendments (2) and (3) filed
     Feb 27-recommitted to Transportation (S); floor amendment (4) filed
     Feb 28-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Thursday, March 1, 2001
     Mar 1-3rd reading; floor amendments (1) (2) (3) and (4) withdrawn ; passed 35-0 with Committee Substitute
     Mar 2-received in House
     Mar 5-to Judiciary (H); posting waived; posted in committee
     Mar 7-reported favorably, 1st reading, to Calendar; floor amendment (1) filed
     Mar 8-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, March 9, 2001; floor amendment (2) filed
     Mar 9-3rd reading, passed 81-14 with floor amendment (2)
     Mar 22-received in Senate


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