Revisions
to Uniform Vehicle Code
Here are the Suggested changes to
the National Committee’s Uniform Vehicle Code as presented by the National
Committee Staff, submitted by John Archer.
Possible revisions to the Uniform Vehicle Code
Strike subsection (b) of section 3-811:
3-811.When fees
returnable
(a) Whenever an application to the department is accompanied by any fee as required by law
and such application is refused or rejected said fee shall be returned to said applicant.
(b) Whenever the department through error collects any fee not required to be paid
hereunder the same shall be refunded to the person paying the same upon application
therefor made within six months after the date of such payment.
Comment
This subsection appears anti-consumer in that it does not
contemplate returning a fee paid in error unless application is made for a refund. It
seems to staff that if a department determined that a fee was improperly paid, it should
refund the money on its own initiative, regardless of whether or not an application for a
refund has been made. Given that subsection (b) is not necessary, staff recommends its
deletion.
DEFEATED
Strike section 12 -410
12-410.Television
receivers
(a) No motor vehicle operated on the highways of this State shall be equipped with
television-type receiving equipment so located that the viewer or screen is visible from
the driver's seat.
(b) This section does not prohibit the use of television-type receiving equipment used
exclusively for safety or law enforcement purposes, provided such use is approved by the
(appropriate State official).
Comment
This provision attempts to prohibit television type
receiving equipment if the screen is visible from the driver's seat. That is inconsistent
with current practice in a number of luxury cars. Further, subsection (b) --by providing
an exemption for police and safety personnel -- casts some doubt on the necessity of
subsection (b). Finally, it should be noted that by attempting to regulate original
manufacturer equipment, this section may be attempting to regulate (by state statute) an
area of law preempted by federal law. \
DEFEATED
Amend subsection 12-210
subsection (c)
12-210.Lamps on
parked vehicles
(a) Every vehicle shall be equipped with one or more parking lamps which shall comply with
requirements of the department.
(b) Whenever a vehicle is lawfully parked upon a street or highway during the hours
between a half hour after sunset and a half hour before sunrise and in the event there is
sufficient light to reveal persons and vehicles within a distance of 1,000 feet upon such
street or highway, no lights need be displayed upon such parked vehicle.
(c) Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto,
whether attended or unattended, during the hours between a half hour after sunset and a
half hour before sunrise and there is insufficient light to reveal any person or object
within a distance of 1,000 feet upon such highway, such vehicle so parked or stopped shall
display parking lamps meeting the requirements of the department. A vehicle parked on
the shoulder also meets the requirements of this subsection if lighted flares meeting
department standards are placed in close proximity to the rear of the vehicle so as to
provide ample warning to approaching vehicles that the vehicle is stopped or parked on the
shoulder.
(d) Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.
Comment
The intent of subsection (c) is meritorious: to prevent
crashes with parked or stopped vehicles that are not visible in the dark. However,
currently it would require illumination of the parking lights throughout the night of
vehicles pulled onto the shoulder - - even if vehicles are parked as a result of a
mechanical breakdown, This requirement could be self-defeating. Illumination of the
parking lights might exhaust battery reserves (and therefore the capacity to illuminate
the parking lights), and in the case of vehicles pulled over as a result of electrical
problems, the parking lights may not function even initially. Consequently, staff
recommends that a second option, namely displaying safety flares -- be provided for
vehicle parked or stopped on the shoulder.
DEFEATED
1-128.i. Hazardous
material
Has the same meaning as that
found in 103 of the Hazardous Materials Transportation Act (49 App. U.S.C. 1801 et
seq.). (Revised and renumbered, 1992.) 49 U.S.C. §5102 (definitions).
APPROVED
Footnote 9 to section 12-408 (a) would be revised as
follows: See Federal Hazardous Materials Regulations in Parts 107,170,171, 172, 173,
177, 178, 180, and 397 of Title 49, Code of Federal Regulations.
Comment
Changes proposed by U.S. D.O.T., Research and Special
Programs Administration to account for the enactment and codification of the Federal
Hazardous Materials Transportation Act.
APPROVED
Amend section 6-211 (b)
6-211 - Authority of department to suspend or
revoke license
(b) For the purpose of identifying habitually reckless or
negligent drivers and habitual or frequent violators of traffic regulations governing the
movement of vehicles, the department shall adopt regulations establishing a uniform system
assigning demerit points for convictions of violations of chapter 11 of this code or of
ordinances adopted by local authorities regulating the operation of motor vehicles. The
regulations shall include a designated level of point accumulation which so identifies
drivers. The department may assess points for convictions in other states of offenses
which, if committed in this State, would be grounds for such assessment. Notice of each
assessment of points may be given, but notice is required when the point accumulation
reaches ________ percent of the number at which suspension is authorized. No points shall
be assessed for violating a provision of this code or municipal ordinance regulating
standing, parking, equipment, size or weight. In case of the conviction of a
licensee of two or more traffic violations committed on a single occasion, such licensee
shall be assessed points for one offense only and if the offenses involved have different
point values, such licensee shall be assessed for the offense having the greater point
value. The department is authorized to suspend the license of a driver when such
person's driving record identifies driver as an habitually reckless or negligent driver or
as an habitual or frequent violator under this subsection. The department may, in
accordance with its rules and regulations, order the licensee to attend a group or private
driver improvement interview regarding such person's driving ability and record.
Comment
This change would bring the code
into compliance with the recently announced NCUTLO aggressive driving policy. That policy
states in pertinent part:
"Too often motorists violating more than one traffic law in a
short period of time are charged or convicted with just one offense. That practice gives
an undeserved break to the most dangerous drivers. Their official driving records are
better than they should be, often leaving motor vehicle departments, judges and insurance
companies incapable of distinguishing between the inadvertent traffic violator and a
person indifferent to roadway safety. That weakens the punishment for aggressive drivers,
makes it more difficult to remove dangerous drivers from the road, and undermines societal
efforts to discourage unsafe driving.
Multiple traffic law violations increase
crash risk. Law enforcement should reflect the seriousness of that increased risk by
convicting the aggressive driver of every violation committed."
APPROVED
John Archer
General Counsel
National Committee on Uniform Traffic Laws and Ordinances
703/978-0547
JohnArcher@idsonline.com
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