HB 0957 2003
1	A bill to be entitled
2	An act relating to commercial motor vehicles; prohibiting
3	the Department of Highway Safety and Motor Vehicles from
4	issuing a motor vehicle registration or title to a
5	commercial motor vehicle if the gross vehicle weight of
6	the vehicle has been changed; requiring the department to
7	reissue the registration and title upon presentation of an
8	affidavit of change from the original manufacturer or
9	final-stage manufacturer; defining the terms "original
10	manufacturer" and "final-stage manufacturer"; requiring
11	the department to revoke the registration and title of a
12	commercial motor vehicle if the vehicle's indicated gross
13	vehicle weight is incorrect; providing penalties for
14	knowingly operating a commercial motor vehicle without
15	notifying the department and obtaining a reissued
16	registration and title if the vehicle's gross vehicle
17	weight has been changed; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Change in gross vehicle weight of a commercial
22	motor vehicle; requirements; penalties.--
23	(1) The Department of Highway Safety and Motor Vehicles
24	may not issue a motor vehicle registration or title to a
25	commercial motor vehicle if the gross vehicle weight of the
26	commercial motor vehicle has been changed unless an affidavit of
27	change is obtained from the original manufacturer or final-stage
28	manufacturer stating that the vehicle conforms to federal safety
29	standards. Upon presentation of an affidavit of change, the
30	department shall reissue the motor vehicle registration and
31	title, which must indicate the vehicle's correct gross vehicle
32	weight. As used in this section, the term:
33	(a) "Final-stage manufacturer" means a manufacturer that
34	performs manufacturing operations on an incomplete vehicle so
35	that it becomes a complete vehicle and may be used for its
36	intended purpose.
37	(b) "Original manufacturer" means any person, whether a
38	resident or nonresident of this state, who manufactures or
39	assembles motor vehicles or who manufactures or installs on
40	previously assembled truck chassis special bodies or equipment
41	that, when installed, form an integral part of the motor vehicle
42	and that constitute a major manufacturing alteration. The term
43	includes a central or principal sales corporation or other
44	entity through which, by contractual agreement or otherwise,
45	such products are distributed.
46	(2) If the Department of Highway Safety and Motor Vehicles
47	determines that the motor vehicle registration or title for a
48	commercial motor vehicle does not indicate the correct gross
49	vehicle weight, the department shall notify the owner that his
50	or her registration and title are revoked.
51	(3)(a) Any person who knowingly operates a commercial
52	motor vehicle after the gross vehicle weight has been changed
53	without notifying the Department of Highway Safety and Motor
54	Vehicles and presenting an affidavit of change commits a
55	misdemeanor of the first degree, punishable as provided in s.
56	775.082 or s. 775.083, Florida Statutes.
57	(b) Upon a third or subsequent conviction for a violation
58	of paragraph (a), the department shall revoke the person's
59	commercial driver license.
60	Section 2. This act shall take effect October 1, 2003.