BS69
115820-1

By Senator Means

RFD: Industrial Development and Recruitment

First Read:  12-Jan10

Synopsis:    This bill would require the use of a safety device to connect a trailer to a motor vehicle.

This bill would provide penalties for a violation of this act.

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 with 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.

A BILL

TO BE ENTITLED

AN ACT

Relating to safety devices on trailers; to require a safety device to connect a trailer to a motor vehicle; to provide penalties; and in connection therewith to have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a)  As used in this section, a “safety device” is any locking mechanism that locks a trailer hitch into place between the trailer and ball hitch of the motor vehicle towing the trailer.

(b)  A person commits the crime of towing a trailer without a safety device if the person operates a motor vehicle that is towing a trailer not equipped with a safety device approved by the Department of Public Safety that will prevent the trailer from becoming unhitched while in transport.

(c) The safety device shall provide the strength, security of attachment, and directional stability equal to or greater than that provided by safety chains.

(d) The safety device shall prevent the detachment of the trailer from the towing vehicle should the regular coupling device fastening the trailer to the towing vehicle break, fail, or otherwise become disconnected.

(e) The safety device shall be designed, constructed, and installed to ensure that the coupling device does not drop to the ground if the coupling device breaks, fails, or otherwise becomes disconnected.

(f) A violation of this section shall be a Class C misdemeanor punishable by a fine of not more than one hundred dollars ($100) or imprisonment of not more than three months.

(g) Nothing in this section shall be construed as excepting commercial vehicles subject to 49 C.F.R., Part 393, Subpart F, Coupling Devices and Towing Methods, from complying with the provisions thereof.

(h) The Director of the Department of Public Safety shall adopt rules to implement and enforce this section.

Section 2.  Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3.  This act shall become effective on the first day of the third month following its passage and approval by the Governor, or it’s otherwise becoming law.