05/11/2002 04:10 PM Senate TRA

          HB 510-COMMERCIAL MOTOR VEHICLES:REGULATIONS                                                                      
                                                                                                                                
CHAIRMAN COWDERY  noted that a representative from  the Department                                                              
of Transportation  and Public Facilities (DOTPF)  was available to                                                              
testify and asked the representative if he had any comments.                                                                    
                                                                                                                                
A REPRESENTATIVE FROM DOTPF said  he had no comments to make other                                                              
than to state support for the legislation.                                                                                      
                                                                                                                                
MR.  MIKE  KRIEBER,  House  Transportation  Committee  aide,  told                                                              
members that HB 510 was introduced  at the request of DOTPF and is                                                              
a housekeeping  measure. When the Commercial Vehicle  Division was                                                              
moved from  the Department of Public  Safety (DPS) back  to DOTPF,                                                              
the regulations  for hazardous materials were not  transferred. HB
 transfers the authority to [DOTPF]  to promulgate regulations.                                                              
                                                                                                                                
CHAIRMAN COWDERY asked if the bill has a fiscal note.                                                                           
                                                                                                                                
MR. KRIEBER said it has a zero fiscal note.                                                                                     
                                                                                                                                
SENATOR TAYLOR  commented there  are times when  he would  like to                                                              
keep the department from promulgating regulations.                                                                              
                                                                                                                                
MR. KRIEBER pointed out the trucking industry supports HB 510.                                                                  
                                                                                                                                
SENATOR TAYLOR asked if the term  "out-of-service order" refers to                                                              
a situation in  which a truck or piece of equipment  is red-tagged                                                              
and prohibited from traveling on  the highway but someone tries to                                                              
drive it anyway.                                                                                                                
                                                                                                                                
MR. KRIEBER  explained an "out-of-service  order" is  the official                                                              
shutdown order.                                                                                                                 
                                                                                                                                
SENATOR TAYLOR  asked if  it applies to  the vehicle,  rather than                                                              
the driver.                                                                                                                     
                                                                                                                                
MR. KRIEBER said that is correct.                                                                                               
                                                                                                                                
SENATOR  TAYLOR referred  to page  3, line  4, and  asked if  that                                                              
essentially  requires a  driver to comply  with an  out-of-service                                                              
order.                                                                                                                          
                                                                                                                                
MR. KRIEBER said that is correct to his knowledge.                                                                              
                                                                                                                                
SENATOR  TAYLOR  moved  HB  510  from  committee  with  individual                                                              
recommendations and its zero fiscal note.                                                                                       
                                                                                                                                
CHAIRMAN COWDERY announced that hearing no objection, the motion                                                                
carried. He then recessed the meeting at 4:13 p.m. to a call of                                                                 
the Chair.