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Senate committee passes bill to except common racks, hitches from plate-obscuring citations

TRANSPORTATION, TECHNOLOGY & LEGISLATIVE AFFAIRS - SENATE · February 25, 2021
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Summary

The Senate Transportation committee passed Senate Bill 333 to exempt vehicles from citation when bicycle racks, properly installed trailer hitches, towed trailers, or wheelchair carriers partially obscure rear license plates, after members debated enforcement and public-safety concerns.

Senate Transportation, Technology & Legislative Affairs — The committee approved Senate Bill 333 on a voice vote after hearing that motor-vehicle owners in several communities received citations when common accessories partially obscured their rear license plates.

Sponsor testimony said the measure responds to complaints from a bicycle-shop owner and mirrors language used in other states, carving out exceptions when accessories are installed according to manufacturer specifications or generally accepted installation practices. The bill lists trailer hitches, towed trailers, wheelchair lifts or carriers, and bike racks as permissible causes for partial plate obstruction.

Several senators questioned whether the statutory exception could be exploited by people seeking to conceal criminal activity. Senator Chesterfield asked, “What is to preclude drug dealers from taking advantage of this and using it to transport folks by simply having a trailer hitch or trailer being towed?” The sponsor replied officers retain the authority to stop vehicles for other suspicious behavior and that the bill targets citations issued solely because an accessory partially obscured a plate.

Senator Jane English and others sought clarification about towed trailers and gooseneck trailers, noting trailers typically have their own license plates but can nonetheless hide the towing vehicle’s plate when a boat or trailer is attached. Senator Pitsch asked whether gooseneck-style trailers would be covered; the sponsor said such connections likely would be construed as a hitch.

Lawmakers discussed alternatives, including displaying plate information in a rear window or using auxiliary plates; Senator Tucker suggested temporary display in a rear window, but the sponsor said repeatedly moving plates or installing secondary plates could be onerous for motorists. Senator Garner said enforcement practices in rural areas (for example during duck season) already make blanket ticketing impracticable and expressed support for aligning the law with common practice.

After the discussion the sponsor closed and the committee took a motion and voice vote; the chair announced the ayes had it and that SB 333 passed. The committee did not record a roll-call tally in the transcript.