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Sen. James F. Clayborne, Jr.
Filed: 4/25/2018
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| 1 | | AMENDMENT TO SENATE BILL 2647
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2647, AS AMENDED, |
| 3 | | with reference to page and line numbers of Senate Amendment No. |
| 4 | | 1, on page 43, line 9, after "limit.", by inserting "If the |
| 5 | | violation occurs on an interstate highway, no penalty may be |
| 6 | | imposed under this Section if the recorded speed of a vehicle |
| 7 | | is 10 miles per hour or less over the legal speed limit. No |
| 8 | | penalty may be imposed under this Section if the recorded speed |
| 9 | | of a vehicle is 26 miles or more over the posted speed limit on |
| 10 | | an interstate highway. No penalty may be imposed under this |
| 11 | | Section for a violation by a truck trailer or any towed |
| 12 | | apparatus."; and
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| 13 | | on page 48, by inserting immediately below line 7 the |
| 14 | | following: |
| 15 | | "(q) No corporate entity shall be liable for a manual |
| 16 | | traffic law or traffic law enforcement system violation or |
| 17 | | notice of liability for a commercial motor vehicle owned by the |
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| 1 | | corporate entity if the corporate entity provides to the |
| 2 | | issuing municipality or county, within 120 days after the |
| 3 | | violation occurred, the name, address, and driver's license |
| 4 | | number of the employee who was operating the vehicle at the |
| 5 | | time of the alleged violation. |
| 6 | | A corporate entity may submit to the issuing municipality |
| 7 | | or county an affidavit with supporting documentation of |
| 8 | | nonownership of a commercial motor vehicle that has been issued |
| 9 | | a violation. If the corporate entity provides an affidavit with |
| 10 | | supporting documentation of nonownership within 120 days after |
| 11 | | the violation occurred, the corporate entity shall not be |
| 12 | | required to appear for an administrative hearing unless it has |
| 13 | | been determined that the corporate entity, in fact, owned the |
| 14 | | commercial motor vehicle at issue. |
| 15 | | Upon the provision of information by the corporate entity |
| 16 | | in accordance with this subsection, the municipality or county |
| 17 | | may issue the violation to the employee of the corporate entity |
| 18 | | in the same manner as it would issue a violation to a |
| 19 | | registered owner of a vehicle pursuant to this Section, and the |
| 20 | | employee may be held liable for the violation."; and
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| 21 | | on page 49, line 8, by changing "(q)" to "(r)".
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