Legislative News

Federal Legislation:

Dixie ABATE is a sustaining member of the Motorcycle Riders Foundation, and since we are busy at the state level, we defer to them and count on them to monitor Federal Legislation. Visit their website at www.mrf.org.

HB185
By Representatives Farley, Williams (D), Ball, Tuggle, Wood, Patterson and Sanderford
RFD Public Safety and Homeland Security
Rd 1 07-FEB-13

SYNOPSIS: Under existing law, a person age 16 or older may operate a motorcycle and a person age 14 or older may operate a motor-driven cycle. A motor-driven cycle is defined as a motorcycle which is smaller in weight and power.
The Department of Public Safety issues Class M motorcycle licenses and Class M motorcycle licenses restricted to the operation of a motor-driven cycle and issues Class M motorcycle endorsements on driver's licenses for the operation of motorcycles.
This bill would require a person who on the effective date of the act does not have a Class M motorcycle license or endorsement on his or her license to take and pass a motorcycle knowledge test given by the Department of Public Safety in order to have a motorcycle endorsement displayed on his or her driver's license or to obtain a Class M motorcycle license, including a Class M motorcycle license restricted to a motor-driven cycle.
The bill would also provide that the provisions of the graduated driver's license law restricting the operation of a motor vehicle by a person age 16 or 17 and its provision for exceptions and suspensions of licenses would under certain conditions apply to persons under age 18 operating a motorcycle or a motor-driven cycle.

There is a companion bill in the Senate:

SB75
By Senator Waggoner
RFD Commerce, Transportation, and Utilities
Rd 1 05-FEB-13

SYNOPSIS: Under existing law, a person age 16 or older may operate a motorcycle and a person age 14 or older may operate a motor-driven cycle. A motor-driven cycle is defined as a motorcycle which is smaller in weight and power.
The Department of Public Safety issues Class M motorcycle licenses and Class M motorcycle licenses restricted to the operation of a motor-driven cycle and issues Class M motorcycle endorsements on driver's licenses for the operation of motorcycles.
This bill would require a person who on the effective date of the act does not have a Class M motorcycle license or endorsement on his or her license to take and pass a motorcycle knowledge test given by the Department of Public Safety in order to have a motorcycle endorsement displayed on his or her driver's license or to obtain a Class M motorcycle license, including a Class M motorcycle license restricted to a motor-driven cycle.
The bill would also provide that the provisions of the graduated driver's license law restricting the operation of a motor vehicle by a person age 16 or 17 and its provision for exceptions and suspensions of licenses would under certain conditions apply to persons under age 18 operating a motorcycle or a motor-driven cycle.

The House bill has been referred to the Public Safety & Homeland Security committee, and the Senate Bill to the Commerce, Transportation & Utilities committee.

· SB170
By Senator Orr
RFD Judiciary
Rd 1 07-FEB-13

SYNOPSIS: Existing law provides penalties for driving while under the influence of alcohol or controlled substances.
This bill would further define the offense of driving under the influence.
Under existing law, a person may be charged with driving under the influence when there is a certain percentage of alcohol in the person's blood or if the person is under the influence of a controlled substance that impairs the mental or physical faculties of the person to the extent that it renders him or her incapable of safely driving.
This bill would define "under the influence" for the purpose of the offense of driving under the influence to mean not having the normal use of mental and physical faculties by reason of the introduction into the body of alcohol, a controlled substance, a drug, or any other substance, or a combination of two or more of those substances.
The bill would consolidate the charges of driving under the influence to specify that a person may be charged with driving under the influence if the person is under the influence of any substance or substances which render the person incapable of safe driving.
This bill also would provide that a person may be charged with driving under the influence if he or she has a measurable amount of specified substances in his or her body unless the person has a valid prescription for use of the substance or is otherwise authorized to use the substance.
This bill would further increase the minimum mandatory sentence for a fourth or subsequent violation of the law from 10 days to 90 days.
Existing law provides that a prior conviction within a five-year period for driving while under the influence from this state, a municipality within this state, or another state or territory or a municipality of another state or territory would be considered by a court when imposing a sentence.
This bill would remove the requirement that a prior conviction considered by a court when imposing a sentence would only be a prior conviction within a five-year period and would provide that any prior conviction for driving while impaired from this state, a municipality within this state, or another state or territory or a municipality of another state or territory, with or without the jurisdiction having adopted the law of Alabama, so long as the offense was in violation of the law in the respective jurisdiction, would be considered by a court for imposing a sentence.
Existing law provides that a person who drives a motor vehicle while his or her driver's license or driving privilege is cancelled, denied, suspended, or revoked is guilty of a misdemeanor punishable by a minimum fine of $100 up to a maximum of $500 and imprisonment of no more than 180 days.
This bill would provide that a person convicted for a third or subsequent time for operating a motor vehicle while his or her license or driving privilege is cancelled, denied, suspended, or revoked when his or her license or driving privilege was cancelled, denied, suspended, or revoked as a consequence of a DUI-related offense would be guilty of a Class A misdemeanor with a minimum mandatory sentence of 30 days in jail.
This bill would also delete a redundant subsection providing additional penalties when a child under 14 years of age was in the vehicle at the time of a DUI offense.

SB26
By Senator Ward
RFD Commerce, Transportation, and Utilities
Rd 1 05-FEB-13

SYNOPSIS: Under existing law, a person is required to obtain a driver's license before driving a motor vehicle upon the highways of this state and is prohibited from driving if his or her license has been cancelled, denied, suspended, or revoked.
Under existing law, a person who is arrested for a violation of traffic laws that is punishable as a misdemeanor is issued a summons and is notified in writing or by an electronic traffic ticket or e-ticket to appear before a court at a specified time and place.
This bill would provide that a person who fails to obtain a driver's license before driving or who drives with a cancelled, denied, suspended, or revoked driver's license may be subject to custodial arrest, and would require that the person's driver's license be revoked for an additional six months if the person was driving with a cancelled, suspended, or revoked license.
The bill would increase the minimum fine for driving with a cancelled, denied, suspended, or revoked license from one hundred dollars ($100) to two hundred dollars ($200).
This bill would also provide for a determination of negligence when a driver is involved in an accident while driving without a license or with a suspended or revoked license and would provide for restitution to injured parties in certain cases.

and for our Veterans....

HB23
By Representative Faust
RFD Public Safety and Homeland Security
Rd 1 05-FEB-13

SYNOPSIS: Under existing law, certain veterans are eligible for more categories of distinctive motor vehicle tags designed for a specific branch of the Armed Services or for a specific military honor. Under existing law, many of these categories of distinctive motor vehicle tags for military veterans are available to the veterans at a reduced cost.
This bill would authorize any veteran who is eligible to receive a distinctive motor vehicle tag designed for military veterans for use on a car or truck to receive that distinctive motor vehicle tag for a motorcycle, if the tag is available for motorcycles, at the same cost.

Here's one for the ladies - a new Breast Cancer MOTORCYCLE tag....

SB18
By Senator Figures

A BILL
TO BE ENTITLED
AN ACT
Relating to motor vehicles; to provide for the issuance of a distinctive motorcycle license plate for breast cancer research under certain conditions; to provide for an additional annual fee; to provide for the distribution of the net proceeds; and to provide for the design.

SB20
By Senator Taylor
RFD Judiciary
Rd 1 05-FEB-13

SYNOPSIS: Under existing law, a person commits criminally negligent homicide if the person causes the death of another person by criminal negligence. Criminally negligent homicide is a Class C felony if the homicide is caused by the driver of a motor vehicle while driving under the influence of alcohol or drugs in violation of Section 32-5A-191, Code of Alabama 1975.
Also, under Section 32-5A-191.3, Code of Alabama 1975, a person is guilty of operating a vessel and certain other marine devices under the influence of alcohol or drugs if the person operates the vessel or devices under conditions in which the person would be guilty of driving a motor vehicle under the influence. Also, under the Alabama Criminal Code, a "vehicle" is generally defined in subdivision (15) of Section 13A-1-2, Code of Alabama 1975, to include any propelled devices including any vessel.
This bill would provide that a person commits criminally negligent homicide if the criminally negligent homicide is caused by the operator of any vehicle while unlawfully driving or operating the vehicle under the influence of alcohol or drugs.
Under existing law, a person commits assault in the first degree if the person causes serious bodily injury to another person with a motor vehicle while driving under the influence of alcohol or drugs in violation of Section 32-5A-191.
This bill would provide that a person would commit assault in the first degree if the person causes serious physical injury to another person while driving or operating any vehicle while under the influence of alcohol or drugs.

SB26
By Senator Ward
RFD Commerce, Transportation, and Utilities
Rd 1 05-FEB-13

SYNOPSIS: Under existing law, a person is required to obtain a driver's license before driving a motor vehicle upon the highways of this state and is prohibited from driving if his or her license has been cancelled, denied, suspended, or revoked.
Under existing law, a person who is arrested for a violation of traffic laws that is punishable as a misdemeanor is issued a summons and is notified in writing or by an electronic traffic ticket or e-ticket to appear before a court at a specified time and place.
This bill would provide that a person who fails to obtain a driver's license before driving or who drives with a cancelled, denied, suspended, or revoked driver's license may be subject to custodial arrest, and would require that the person's driver's license be revoked for an additional six months if the person was driving with a cancelled, suspended, or revoked license.
The bill would increase the minimum fine for driving with a cancelled, denied, suspended, or revoked license from one hundred dollars ($100) to two hundred dollars ($200).
This bill would also provide for a determination of negligence when a driver is involved in an accident while driving without a license or with a suspended or revoked license and would provide for restitution to injured parties in certain cases.

(This bill will increase the penalties for driving without a license, or a cancelled, suspended or revoked license, and increase penalties if they were involved in an accident)

HB23
By Representative Faust
RFD Public Safety and Homeland Security
Rd 1 05-FEB-13

SYNOPSIS: Under existing law, certain veterans are eligible for more categories of distinctive motor vehicle tags designed for a specific branch of the Armed Services or for a specific military honor. Under existing law, many of these categories of distinctive motor vehicle tags for military veterans are available to the veterans at a reduced cost.
This bill would authorize any veteran who is eligible to receive a distinctive motor vehicle tag designed for military veterans for use on a car or truck to receive that distinctive motor vehicle tag for a motorcycle, if the tag is available for motorcycles, at the same cost.