Senate Bill sb0714

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    Florida Senate - 2003                                   SB 714

    By Senator Wasserman Schultz





    34-391-03

  1                      A bill to be entitled

  2         An act relating to commercial motor vehicles;

  3         prohibiting the Department of Highway Safety

  4         and Motor Vehicles from issuing a motor vehicle

  5         registration or title to a commercial motor

  6         vehicle if the gross vehicle weight of the

  7         vehicle has been changed; requiring the

  8         department to reissue the registration and

  9         title upon presentation of an affidavit of

10         change from the original manufacturer or

11         final-stage manufacturer; defining the terms

12         "original manufacturer" and "final-stage

13         manufacturer"; requiring the department to

14         revoke the registration and title of a

15         commercial motor vehicle if the vehicle's

16         indicated gross vehicle weight is incorrect;

17         providing penalties for knowingly operating a

18         commercial motor vehicle without notifying the

19         department and obtaining a reissued

20         registration and title if the vehicle's gross

21         vehicle weight has been changed; providing an

22         effective date.

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24  Be It Enacted by the Legislature of the State of Florida:

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26         Section 1.  Change in gross vehicle weight of a

27  commercial motor vehicle; requirements; penalties.--

28         (1)  The Department of Highway Safety and Motor

29  Vehicles may not issue a motor vehicle registration or title

30  to a commercial motor vehicle if the gross vehicle weight of

31  the commercial motor vehicle has been changed unless an

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    Florida Senate - 2003                                   SB 714
    34-391-03




 1  affidavit of change is obtained from the original manufacturer

 2  or final-stage manufacturer stating that the vehicle conforms

 3  to federal safety standards. Upon presentation of an affidavit

 4  of change, the department shall reissue the motor vehicle

 5  registration and title, which must indicate the vehicle's

 6  correct gross vehicle weight. As used in this section, the

 7  term:

 8         (a)  "Final-stage manufacturer" means a manufacturer

 9  that performs manufacturing operations on an incomplete

10  vehicle so that it becomes a complete vehicle and may be used

11  for its intended purpose.

12         (b)  "Original manufacturer" means any person, whether

13  a resident or nonresident of this state, who manufactures or

14  assembles motor vehicles or who manufactures or installs on

15  previously assembled truck chassis special bodies or equipment

16  that, when installed, form an integral part of the motor

17  vehicle and that constitute a major manufacturing alteration.

18  The term includes a central or principal sales corporation or

19  other entity through which, by contractual agreement or

20  otherwise, such products are distributed.

21         (2)  If the Department of Highway Safety and Motor

22  Vehicles determines that the motor vehicle registration or

23  title for a commercial motor vehicle does not indicate the

24  correct gross vehicle weight, the department shall notify the

25  owner that his or her registration and title are revoked.

26         (3)(a)  Any person who knowingly operates a commercial

27  motor vehicle after the gross vehicle weight has been changed

28  without notifying the Department of Highway Safety and Motor

29  Vehicles and presenting an affidavit of change commits a

30  misdemeanor of the first degree, punishable as provided in s.

31  775.082 or s. 775.083.

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    Florida Senate - 2003                                   SB 714
    34-391-03




 1         (b)  Upon a third or subsequent conviction for a

 2  violation of paragraph (a), the department shall revoke the

 3  person's commercial driver's license.

 4         Section 2.  This act shall take effect October 1, 2003.

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 6            *****************************************

 7                          SENATE SUMMARY

 8    Requires that a reissued motor vehicle registration or
      title must be obtained for a commercial motor vehicle if
 9    the gross vehicle weight is changed. Requires that an
      affidavit of change from the original manufacturer or
10    final-stage manufacturer be provided to the Department of
      Highway Safety and Motor Vehicles indicating that the
11    vehicle conforms to federal safety standards. Requires
      the department to revoke the registration and title of a
12    commercial motor vehicle if the vehicle's indicated gross
      vehicle weight is incorrect. Provides penalties. (See
13    bill for details.)

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