HB86 Alabama 2013 Session

Updated Jul 24, 2021

Summary

Primary Sponsor: Lynn Greer
Republican
Session: Regular Session 2013
Title: Motor vehicles, commercial, compliance with Federal rules, 49 CFR 385, 386, and 387 included in compliance and enforcement, Sec. 32-9A-2 am'd.
Description: Under existing law, the operator of a commercial motor vehicle is required to operate the vehicle in compliance with certain designated federal motor carrier safety regulations as prescribed by the U.S. Department of Transportation. Failure to comply may be enforced by certain trained law enforcement officers.
The existing law does not specifically designate compliance with U.S. Department of Transportation regulations in 49 C.F.R., Parts 385, Safety Fitness Procedures; Part 386, Rules of Practice for Motor Carrier, Broker, Freight Forwarding, and Hazardous Material Proceedings; and Part 387, Minimum Levels of Financial Responsibility for Motor Carriers.
This bill would include the requirement in state law that an operator of a commercial motor vehicle be in compliance with the above federal regulations.
Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
Subjects: Highways, Roads, and Bridges