hb0702i_19.ps
FIRST REGULAR SESSION
HOUSE BILL NO. 702
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SCHLOTTACH, CRAWFORD, RECTOR, THRELKELD,
DUSENBERG, JONES, AVERY, GREEN (Co-sponsors), NIEVES AND LAGER.
Read 1st time March 19, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
2112L.01I
AN ACT
To repeal sections 302.225, 302.302, 302.309, 302.700, 302.725, 302.735, 302.740, 302.755,
302.756, and 577.054, RSMo, and to enact in lieu thereof thirteen new sections relating
to commercial drivers' licenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 302.225, 302.302, 302.309, 302.700, 302.725, 302.735, 302.740,
302.755, 302.756, and 577.054, RSMo, are repealed and thirteen new sections enacted in lieu
thereof, to be known as sections 302.225, 302.302, 302.309, 302.700, 302.725, 302.726,
302.735, 302.740, 302.755, 302.756, 577.054, 1, and 2, to read as follows:
302.225. 1. Every court having jurisdiction over offenses committed under sections
302.010 to 302.780, or any other law of this state, or county or municipal ordinance, regulating
the operation of vehicles on highways, shall, within ten days thereafter, forward to the Missouri
state highway patrol, or at the written direction of the Missouri state highway patrol, to the
department of revenue, in a manner approved by the director of the department of public safety
a record of any plea or finding of guilty of any person in the court for a violation of sections
302.010 to 302.780 or for any moving traffic violation under the laws of this state or county or
municipal ordinances. For offenses involving the holder of a commercial driver's license or
person operating a commercial motor vehicle the plea or finding of guilty should be
forwarded first to the director of revenue who, after entry into the appropriate systems as
required by 49 CFR 384, shall then transmit the conviction to the Missouri state highway
patrol. The reporting of offenses involving the holder of a commercial driver's license or
person operating a commercial motor vehicle shall be made by the court within five days
after entry of the plea or finding of guilty to enable the director to comply with 49 CFR
384. The record related to offenses involving alcohol, controlled substances, or drugs shall be
entered in the Missouri uniform law enforcement system records. The record of all convictions
involving the assessment of points as provided in section 302.302 and convictions involving a
commercial motor vehicle as defined in section 302.700 furnished by a court to the highway
patrol and not to the department of revenue shall be forwarded by the highway patrol within
fifteen days of receipt to the director of revenue. Offenses involving commercial motor
vehicles or the holder of a commercial driver's license shall be immediately forwarded to
the director of revenue for entry into the appropriate driver license systems as set forth in
this section.
2. Whenever any person is convicted of any offense or series of offenses for which
sections 302.010 to 302.340 makes mandatory the suspension or revocation of the license of such
person by the director of revenue, the circuit court in which such conviction is had shall require
the surrender to it of all licenses, then held by the person so convicted, and the court shall within
ten days thereafter, or within five days thereafter in cases involving the holder of a
commercial driver's license or operator of a commercial motor vehicle, forward the same,
together with a record of the conviction, to the director of revenue.
3. No municipal judge or municipal official shall have power to revoke any license.
302.302. 1. The director of revenue shall put into effect a point system for the
suspension and revocation of licenses. Points shall be assessed only after a conviction or
forfeiture of collateral. The initial point value is as follows:
(1) Any moving violation of a state law or county or municipal or federal traffic
ordinance or regulation not listed in this section, other than a violation of vehicle equipment
provisions or a court-ordered supervision as provided in section 302.303 . . . . . . . . . .2 points
(except any violation of municipal stop sign ordinance where no accident
is involved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 point)
(2) Speeding In violation of a state law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 points
In violation of a county or municipal ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
(3) Leaving the scene of an accident in violation of section 577.060, RSMo. 2 points
In violation of any county or municipal ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points
(4) Careless and imprudent driving in violation of subsection 4 of section 304.016,
RSMo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points
In violation of a county or municipal ordinance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
(5) Operating without a valid license in violation of subdivision (1) or (2) of subsection
1 of section 302.020:
(a) For the first conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 points
(b) For the second conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 points
(c) For the third conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 points
(6) Operating with a suspended or revoked license prior to restoration of operating
privileges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 points
(7) Obtaining a license by misrepresentation . . . . . . . . . . . . . . . . . . . . . . . . .12 points
(8) For the first conviction of driving while in an intoxicated condition or under the
influence of controlled substances or drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 points
(9) For the second or subsequent conviction of any of the following offenses however
combined: driving while in an intoxicated condition, driving under the influence of controlled
substances or drugs or driving with a blood alcohol content of eight-hundredths of one percent
or more by weight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 points
(10) For the first conviction for driving with blood alcohol content eight-hundredths of
one percent or more by weight In violation of state law . . . . . . . . . . . . . . . . . . . . . . . 8 points
In violation of a county or municipal ordinance or federal law or regulation . . . . . . . .8 points
(11) Any felony involving the use of a motor vehicle . . . . . . . . . . . . . . . . . . 12 points
(12) Knowingly permitting unlicensed operator to operate a motor vehicle. .. 4 points
(13) For a conviction for failure to maintain financial responsibility pursuant to county
or municipal ordinance or pursuant to section 303.025, RSMo . . . . . . . . . . . . . . . . . .4 points
2. The director shall, as provided in subdivision (5) of subsection 1 of this section, assess
an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of section
302.020, when the director issues such operator a license or permit pursuant to the provisions
of sections 302.010 to 302.340.
3. An additional two points shall be assessed when personal injury or property damage
results from any violation listed in subsection 1 of this section and if found to be warranted and
certified by the reporting court.
4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this
section constitutes both a violation of a state law and a violation of a county or municipal
ordinance, points may be assessed for either violation but not for both. Notwithstanding that an
offense arising out of the same occurrence could be construed to be a violation of subdivisions
(8), (9) and (10) of subsection 1 of this section, no person shall be tried or convicted for more
than one offense pursuant to subdivisions (8), (9) and (10) of subsection 1 of this section for
offenses arising out of the same occurrence.
5. The director of revenue shall put into effect a system for staying the assessment of
points against an operator. The system shall provide that the satisfactory completion of a
driver-improvement program or, in the case of violations committed while operating a
motorcycle, a motorcycle-rider training course approved by the director of the department of
public safety, by an operator, when so ordered and verified by any court having jurisdiction over
any law of this state or county or municipal ordinance, regulating motor vehicles, other than a
violation committed in a commercial motor vehicle as defined in section 302.700 or a violation
committed by an individual who has been issued a commercial driver's license or is
required to obtain a commercial driver's license in this state or any other state, shall be
accepted by the director in lieu of the assessment of points for a violation pursuant to subdivision
(1), (2) or (4) of subsection 1 of this section or pursuant to subsection 3 of this section. For the
purposes of this subsection, the driver-improvement program shall meet or exceed the standards
of the National Safety Council's eight-hour "Defensive Driving Course" or, in the case of a
violation which occurred during the operation of a motorcycle, the program shall meet the
standards established by the director of the department of public safety pursuant to sections
302.133 to 302.138. The completion of a driver-improvement program or a motorcycle-rider
training course shall not be accepted in lieu of points more than one time in any thirty-six-month
period and shall be completed within sixty days of the date of conviction in order to be accepted
in lieu of the assessment of points. Every court having jurisdiction pursuant to the provisions
of this subsection shall, within fifteen days after completion of the driver-improvement program
or motorcycle-rider training course by an operator, forward a record of the completion to the
director, all other provisions of the law to the contrary notwithstanding. The director shall
establish procedures for record keeping and the administration of this subsection.
302.309. 1. Whenever any license is suspended pursuant to sections 302.302 to 302.309,
the director of revenue shall return the license to the operator immediately upon the termination
of the period of suspension and upon compliance with the requirements of chapter 303, RSMo.
2. Any operator whose license is revoked pursuant to these sections, upon the
termination of the period of revocation, shall apply for a new license in the manner prescribed
by law.
3. (1) All circuit courts or the director of revenue shall have jurisdiction to hear
applications and make eligibility determinations granting limited driving privileges. Any
application may be made in writing to the director of revenue and the person's reasons for
requesting the limited driving privilege shall be made therein.
(2) When any court of record having jurisdiction or the director of revenue finds that an
operator is required to operate a motor vehicle in connection with any of the following:
(a) A business, occupation, or employment;
(b) Seeking medical treatment for such operator;
(c) Attending school or other institution of higher education;
(d) Attending alcohol or drug treatment programs; or
(e) Any other circumstance the court or director finds would create an undue hardship
on the operator;
the court or director may grant such limited driving privilege as the circumstances of the case
justify if the court or director finds undue hardship would result to the individual, and while so
operating a motor vehicle within the restrictions and limitations of the limited driving privilege
the driver shall not be guilty of operating a motor vehicle without a valid license.
(3) An operator may make application to the proper court in the county in which such
operator resides or in the county in which is located the operator's principal place of business or
employment. Any application for a limited driving privilege made to a circuit court shall name
the director as a party defendant and shall be served upon the director prior to the grant of any
limited privilege, and shall be accompanied by a copy of the applicant's driving record as
certified by the director. Any applicant for a limited driving privilege shall have on file with the
department of revenue proof of financial responsibility as required by chapter 303, RSMo. Any
application by a person who transports persons or property as classified in section 302.015 may
be accompanied by proof of financial responsibility as required by chapter 303, RSMo, but if
proof of financial responsibility does not accompany the application, or if the applicant does not
have on file with the department of revenue proof of financial responsibility, the court or the
director has discretion to grant the limited driving privilege to the person solely for the purpose
of operating a vehicle whose owner has complied with chapter 303, RSMo, for that vehicle, and
the limited driving privilege must state such restriction. When operating such vehicle under such
restriction the person shall carry proof that the owner has complied with chapter 303, RSMo, for
that vehicle.
(4) The court order or the director's grant of the limited driving privilege shall indicate
the termination date of the privilege, which shall be not later than the end of the period of
suspension or revocation. A copy of any court order shall be sent by the clerk of the court to the
director, and a copy shall be given to the driver which shall be carried by the driver whenever
such driver operates a motor vehicle. The director of revenue upon granting a limited driving
privilege shall give a copy of the limited driving privilege to the applicant. The applicant shall
carry a copy of the limited driving privilege while operating a motor vehicle. A conviction
which results in the assessment of points pursuant to section 302.302, other than a violation of
a municipal stop sign ordinance where no accident is involved, against a driver who is operating
a vehicle pursuant to a limited driving privilege terminates the privilege, as of the date the points
are assessed to the person's driving record. If the date of arrest is prior to the issuance of the
limited driving privilege, the privilege shall not be terminated. The director shall notify by
ordinary mail the driver whose privilege is so terminated.
(5) Except as provided in subdivision (6) of this subsection, no person is eligible to
receive a limited driving privilege who at the time of application for a limited driving privilege
has previously been granted such a privilege within the immediately preceding five years, or
whose license has been suspended or revoked for the following reasons:
(a) A conviction of violating the provisions of section 577.010 or 577.012, RSMo, or any
similar provision of any federal or state law, or a municipal or county law where the judge in
such case was an attorney and the defendant was represented by or waived the right to an
attorney in writing, until the person has completed the first thirty days of a suspension or
revocation imposed pursuant to this chapter;
(b) A conviction of any felony in the commission of which a motor vehicle was used;
(c) Ineligibility for a license because of the provisions of subdivision (1), (2), (4), (5),
(6), (7), (8), (9), (10) or (11) of section 302.060;
(d) Because of operating a motor vehicle under the influence of narcotic drugs, a
controlled substance as defined in chapter 195, RSMo, or having left the scene of an accident as
provided in section 577.060, RSMo;
(e) Due to a revocation for the first time for failure to submit to a chemical test pursuant
to section 577.041, RSMo, or due to a refusal to submit to a chemical test in any other state, if
such person has not completed the first ninety days of such revocation;
(f) Violation more than once of the provisions of section 577.041, RSMo, or a similar
implied consent law of any other state; or
(g) [Disqualification of a commercial driver's license pursuant to sections 302.700 to
302.780, however, nothing in this subsection shall prevent a person holding a commercial
driver's license who is suspended or revoked as a result of an action occurring while not driving
a commercial motor vehicle or driving for pay, but while driving in an individual capacity as an
operator of a personal vehicle from applying for a limited driving privilege to operate a
commercial vehicle, if otherwise eligible for such limited privilege; or
(h)] Due to a suspension pursuant to subsection 2 of section 302.525 and who has not
completed the first thirty days of such suspension, provided the person is not otherwise ineligible
for a limited driving privilege; or due to a revocation pursuant to subsection 2 of section 302.525
if such person has not completed such revocation.
(6) No person who possesses a commercial driver's license shall receive a limited
driving privilege issued for the purpose of operating a commercial motor vehicle if such
person’s driving privilege is suspended, revoked, canceled, denied, or disqualified. Nothing
in this section shall prohibit the issuance of a limited driving privilege for the purpose of
operating a noncommercial motor vehicle provided that pursuant to the provisions of this
section, the applicant is not otherwise ineligible for a limited driving privilege.
(7) (a) Provided that pursuant to the provisions of this section, the applicant is not
otherwise ineligible for a limited driving privilege, a circuit court or the director may, in the
manner prescribed in this subsection, allow a person who has had such person's license to operate
a motor vehicle revoked where that person cannot obtain a new license for a period of ten years,
as prescribed in subdivision (9) of section 302.060, to apply for a limited driving privilege
pursuant to this subsection if such person has served at least three years of such disqualification
or revocation. Such person shall present evidence satisfactory to the court or the director that
such person has not been convicted of any offense related to alcohol, controlled substances or
drugs during the preceding three years and that the person's habits and conduct show that the
person no longer poses a threat to the public safety of this state.
(b) Provided that pursuant to the provisions of this section, the applicant is not otherwise
ineligible for a limited driving privilege or convicted of involuntary manslaughter while
operating a motor vehicle in an intoxicated condition, a circuit court or the director may, in the
manner prescribed in this subsection, allow a person who has had such person's license to operate
a motor vehicle revoked where that person cannot obtain a new license for a period of five years
because of two convictions of driving while intoxicated, as prescribed in subdivision (10) of
section 302.060, to apply for a limited driving privilege pursuant to this subsection if such person
has served at least two years of such disqualification or revocation. Such person shall present
evidence satisfactory to the court or the director that such person has not been convicted of any
offense related to alcohol, controlled substances or drugs during the preceding two years and that
the person's habits and conduct show that the person no longer poses a threat to the public safety
of this state. Any person who is denied a license permanently in this state because of an
alcohol-related conviction subsequent to a restoration of such person's driving privileges
pursuant to subdivision (9) of section 302.060 shall not be eligible for limited driving privilege
pursuant to the provisions of this subdivision.
4. Any person who has received notice of denial of a request of limited driving privilege
by the director of revenue may make a request for a review of the director's determination in the
circuit court of the county in which the person resides or the county in which is located the
person's principal place of business or employment within thirty days of the date of mailing of
the notice of denial. Such review shall be based upon the records of the department of revenue
and other competent evidence and shall be limited to a review of whether the applicant was
statutorily entitled to the limited driving privilege.
5. The director of revenue shall promulgate rules and regulations necessary to carry out
the provisions of this section. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this section shall become
effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo,
and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are
nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted
after August 28, 2001, shall be invalid and void.
302.700. 1. Sections 302.700 to 302.780 may be cited as the "Uniform Commercial
Driver's License Act".
2. When used in sections 302.700 to 302.780, the following words and phrases mean:
(1) "Alcohol", any substance containing any form of alcohol, including, but not limited
to, ethanol, methanol, propanol and isopropanol;
(2) "Alcohol concentration", the number of grams of alcohol per one hundred milliliters
of blood or the number of grams of alcohol per two hundred ten liters of breath or the number
of grams of alcohol per sixty-seven milliliters of urine;
(3) "Commercial driver's instruction permit", a permit issued pursuant to section
302.720;
(4) "Commercial driver's license", a license issued by this state to an individual which
authorizes the individual to operate a commercial motor vehicle;
(5) "Commercial driver's license information system", the information system established
pursuant to the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570)
to serve as a clearinghouse for locating information related to the licensing and identification of
commercial motor vehicle drivers;
(6) "Commercial motor vehicle", a motor vehicle designed or used to transport
passengers or property:
(a) If the vehicle has a gross combination weight rating of twenty-six thousand one or
more pounds inclusive of a towed unit which has a gross vehicle weight rating of ten thousand
one pounds or more;
(b) If the vehicle has a gross vehicle weight rating of twenty-six thousand one or more
pounds or such lesser rating as determined by federal regulation;
(c) If the vehicle is designed to transport [more than fifteen] sixteen or more passengers,
including the driver; or
(d) If the vehicle is transporting hazardous materials and is required to be placarded
under the Hazardous Materials Transportation Act (46 U.S.C. 1801 et seq.);
(7) "Controlled substance", any substance so classified under section 102(6) of the
Controlled Substances Act (21 U.S.C. 802(6)), and includes all substances listed in schedules
I through V of 21 CFR part 1308, as they may be revised from time to time;
(8) "Conviction", an unvacated adjudication of guilt, or a determination that a person has
violated or failed to comply with the law in a court of original jurisdiction or an authorized
administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the
person's appearance in court, the payment of a fine or court cost, or violation of a condition of
release without bail, regardless of whether the penalty is rebated, suspended or prorated;
(9) "Director", the director of revenue or his authorized representative;
(10) "Disqualification", [a withdrawal of the privilege to drive a commercial motor
vehicle] means any of the following three actions:
(a) The suspension, revocation, or cancellation of a commercial driver’s license;
(b) Any withdrawal of a person’s privileges to drive a commercial motor vehicle
by a state as the result of a violation of federal, state, county, municipal, or local law
relating to motor vehicle traffic control or violations committed through the operation of
motor vehicles, other than parking, vehicle weight or vehicle defect violations;
(c) A determination by the Federal Motor Carrier Safety Administration that a
person is not qualified to operate a commercial motor vehicle under 49 CFR, Part 383.52
or Part 391;
(11) "Drive", to drive, operate or be in physical control of a commercial motor vehicle;
(12) "Driver", any person who drives, operates, or is in physical control of a commercial
motor vehicle, or who is required to hold a commercial driver's license;
(13) "Driving under the influence of alcohol", the commission of any one or more of the
following acts in a commercial motor vehicle:
(a) Driving a commercial motor vehicle with the alcohol concentration of four
one-hundredths of a percent or more as prescribed by the secretary or such other alcohol
concentration as may be later determined by the secretary by regulation;
(b) Driving a commercial or noncommercial motor vehicle while intoxicated in
violation of any federal or state law, or in violation of a county or municipal ordinance;
(c) Driving a commercial or noncommercial motor vehicle with excessive blood
alcohol content in violation of any federal or state law, or in violation of a county or municipal
ordinance;
(d) Refusing to submit to a chemical test in violation of section 577.041, RSMo, section
302.750, any federal or state law, or a county or municipal ordinance; or
(e) Having any state, county or municipal alcohol-related enforcement contact, as defined
in subsection 3 of section 302.525; provided that any suspension or revocation pursuant to
section 302.505, committed in a noncommercial vehicle shall have been committed by the
person with an alcohol-concentration of at least eight-hundredths of one percent or more
and if committed in a commercial motor vehicle, a concentration of four-hundredths of one
percent or more;
(14) "Driving under the influence of a controlled substance", the commission of any one
or more of the following acts in a commercial or noncommercial motor vehicle:
(a) Driving a commercial or noncommercial motor vehicle while under the influence
of any substance so classified under section 102(6) of the Controlled Substances Act (21 U.S.C.
802(6)), including any substance listed in schedules I through V of 21 CFR part 1308, as they
may be revised from time to time;
(b) Driving a commercial or noncommercial motor vehicle while in a drugged condition
in violation of any federal or state law or in violation of a county or municipal ordinance; or
(c) Refusing to submit to a chemical test in violation of section 577.041, RSMo, section
302.750, any federal or state law, or a county or municipal ordinance;
(15) "Employer", any person, including the United States, a state, or a political
subdivision of a state, who owns or leases a commercial motor vehicle or assigns a driver to
operate such a vehicle;
(16) "Farm vehicle", a commercial motor vehicle controlled and operated by a farmer
used exclusively for the transportation of agricultural products, farm machinery, farm supplies,
or a combination of these, within one hundred fifty miles of the farm, other than one which
requires placarding for hazardous materials as defined in this section, or used in the operation
of a common or contract motor carrier, except that a farm vehicle shall not be a commercial
motor vehicle when the total combined gross weight rating does not exceed twenty-six thousand
one pounds when transporting fertilizers as defined in subdivision (19) of this subsection;
(17) "Fatality", the death of a person as a result of a motor vehicle accident;
(18) "Felony", any offense under state or federal law that is punishable by death or
imprisonment for a term exceeding one year;
(19) "Gross combination weight rating" or "GCWR", the value specified by the
manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence
of a value specified by the manufacturer, GCWR shall be determined by adding the
GVWR of the power unit and the total weight of the towed unit and any load thereon;
[(18)] (20) "Gross vehicle weight rating" or "GVWR", the value specified by the
manufacturer [or manufacturers] as the [maximum] loaded weight of a single [or a combination]
vehicle[, or registered gross weight, whichever is greater. The GVWR of a combination vehicle,
commonly referred to as the "gross combination weight rating" or "GCWR", is the GVWR of
the power unit plus the GVWR of the towed unit or units];
[(19)] (21) "Hazardous materials", hazardous materials as specified in section 103 of the
Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.). Fertilizers, including but not
limited to ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash, motor fuel
or special fuel shall not be considered hazardous materials when transported by a farm vehicle
provided all other provisions of this definition are followed;
(22) "Imminent hazard", the existence of a condition that presents a substantial
likelihood that death, serious illness, severe personal injury, or a substantial endangerment
to health, property, or the environment may occur before the reasonably foreseeable
completion date of a formal proceeding begins to lessen the risk of that death, illness,
injury or endangerment;
[(20)] (23) "Motor vehicle", any self-propelled vehicle not operated exclusively upon
tracks;
(24) "Noncommercial motor vehicle", a motor vehicle or combination of motor
vehicles not defined by the term "commercial motor vehicle" in this section;
(25) "Nonresident commercial driver’s license", a commercial driver’s license
issued by a state under either of the following two conditions:
(a) To an individual domiciled in a foreign country meeting the requirements of 49
CFR, as adopted and periodically amended by the secretary;
(b) To an individual domiciled in another state meeting the requirements of 49
CFR, as adopted and periodically amended by the secretary;
[(21)] (26) "Out of service", a temporary prohibition against the operation of a
commercial motor vehicle by a particular driver, or the operation of a particular commercial
motor vehicle, or the operation of a particular motor carrier;
[(22)] (27) "Out-of-service order", a declaration by the Federal Highway Administration,
or any authorized enforcement officer of a federal, state, Commonwealth of Puerto Rico,
Canadian, Mexican or any local jurisdiction, that a driver, or a commercial motor vehicle, or a
motor carrier operation, is out of service;
(28) "School bus", a commercial motor vehicle used to transport preprimary,
primary, or secondary school students from home to school, from school to home, or to and
from school sponsored events. School bus does not include a bus used as a common carrier
as defined by the secretary;
[(23)] (29) "Secretary", the Secretary of Transportation of the United States;
[(24)] (30) "Serious traffic violation", driving a commercial motor vehicle in such a
manner that the driver receives a conviction for the following offenses or driving a
noncommercial motor vehicle when the driver receives a conviction for the following
offenses and the conviction results in the suspension or revocation of the driver’s license
or noncommercial motor vehicle driving privilege:
(a) Excessive speeding, as defined by the secretary by regulation;
(b) Careless, reckless or imprudent driving which includes, but shall not be limited to,
any violation of section 304.016, RSMo, any violation of section 304.010, RSMo, or any other
violation of state law, or any county or municipal ordinance while driving a commercial motor
vehicle in a willful or wanton disregard for the safety of persons or property, or improper or
erratic traffic lane changes, or following the vehicle ahead too closely, but shall not include
careless and imprudent driving by excessive speed;
(c) A violation of any state law or county or municipal ordinance regulating the operation
of motor vehicles arising out of an accident or collision which resulted in death to any person,
other than a parking violation; [or]
(d) Driving a commercial motor vehicle without obtaining a commercial driver’s
license;
(e) Driving a commercial motor vehicle without a commercial driver’s license in the
driver’s possession. Any individual who provides proof to the enforcement authority that
issued the citation, by the date the individual must appear in court or pay any fine for such
a violation, that the individual held a valid commercial driver’s license on the date the
citation was issued, shall not be guilty of this offense;
(f) Driving a commercial motor vehicle without the proper commercial driver’s
license class or endorsement for the specific vehicle group being operated or for the
passengers or type of cargo being transported; or
[(d)] (g) Any other violation of a state law or county or municipal ordinance regulating
the operation of motor vehicles, other than a parking violation, as prescribed by the secretary by
regulation;
[(25)] (31) "State", a state, territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, Mexico, and any province of Canada;
[(26)] (32) "United States", the fifty states and the District of Columbia.
302.725. Any person who drives a commercial motor vehicle without the proper class
of license or applicable endorsements valid for the type of vehicle being operated, or a
commercial driver's instruction permit, or a receipt which indicates the driver is qualified to drive
a commercial motor vehicle, [or while driving privileges are suspended, revoked, or canceled,
or while disqualified from operating a commercial motor vehicle,] or who violates license
restrictions in any state, or driving a commercial motor vehicle without a commercial
driver's license in his or her possession shall be guilty of a class A misdemeanor. No court
shall suspend the imposition of sentence as to such person nor sentence such person to a fine in
lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until he
has served a minimum of forty-eight consecutive hours of imprisonment, unless as a condition
of such parole or probation, such person performs at least ten days involving at least forty hours
of community service under the supervision of the court in those jurisdictions which have a
recognized program for community service. Upon receipt of such conviction the director shall
[revoke] disqualify such person's privilege to drive a commercial motor vehicle [for a period of
two years] pursuant to section 302.755.
302.726. 1. A person commits the crime of driving a commercial motor vehicle
while revoked if he operates a commercial motor vehicle when, as a result of prior
violations committed operating a commercial motor vehicle, the driver’s commercial driver
license is revoked, suspended, or canceled, or the driver is disqualified from operating a
commercial motor vehicle.
2. Any person convicted of driving a commercial motor vehicle while revoked is
guilty of a class A misdemeanor. Any person with no prior alcohol-related enforcement
contacts as defined in section 302.525, convicted a fourth or subsequent time of driving a
commercial motor vehicle while revoked or a county or municipal ordinance of driving a
commercial motor vehicle while suspended or revoked where the judge in such case was
an attorney and the defendant was represented by or waived the right to an attorney in
writing, and where the prior three driving a commercial motor vehicle while revoked
offenses occurred within ten years of the date of occurrence of the present offense and
where the person received and served a sentence of ten days or more on such previous
offenses; and any person with a prior alcohol-related enforcement contact as defined in
section 302.525, convicted a third or subsequent time of driving a commercial motor vehicle
while revoked or a county or municipal ordinance of driving a commercial motor vehicle
while suspended or revoked where the judge in such case was an attorney and the
defendant was represented by or waived the right to an attorney in writing, and where the
prior two driving a commercial motor vehicle while revoked offenses occurred within ten
years of the date of occurrence of the present offense and where the person received and
served a sentence of ten days or more on such previous offenses is guilty of a class D felony.
No court shall suspend the imposition of sentence as to such a person nor sentence such
person to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for
parole or probation until he has served a minimum of forty-eight consecutive hours of
imprisonment, unless as a condition of such parole or probation, such person performs at
least ten days involving at least forty hours of community service under the supervision of
the court in those jurisdictions which have a recognized program for community service.
Driving a commercial motor vehicle while revoked is a class D felony on the second or
subsequent conviction pursuant to section 577.010, RSMo, or a fourth or subsequent
conviction for any other offense.
302.735. 1. The application for a commercial driver's license shall include, but not be
limited to, the applicant's legal name, mailing and residence address, if different, a physical
description of the person, including sex, height, weight and eye color, the person's Social
Security number, date of birth and any other information deemed appropriate by the director.
The application shall also require the applicant to provide the names of all states where the
applicant has been previously licensed to drive any type of motor vehicle during the
preceding ten years.
2. The application for a commercial driver's license or renewal shall be accompanied by
the payment of a fee of forty dollars. The fee for a duplicate commercial driver's license shall
be twenty dollars. A commercial driver's license shall expire on the applicant's birthday in the
sixth year after issuance and must be renewed on or before the date of expiration. The director
shall have the authority to stagger the issuance or renewal of commercial driver's license
applicants over a six-year period. When a person changes such person's name an application for
a duplicate license shall be made to the director of revenue. When a person changes such
person's mailing address or residence the applicant shall notify the director of revenue of said
change, however, no application for a duplicate license is required. To all applicants for a
commercial license or renewal who are between eighteen and twenty-one years of age and
seventy years of age and older, the application shall be accompanied by a fee of twenty dollars.
A commercial license issued pursuant to an applicant less than twenty-one years of age and
seventy years of age and older shall expire on the applicant's birthday in the third year after
issuance.
3. Within thirty days after moving to this state, the holder of a commercial driver's
license shall apply for a commercial driver's license in this state. The applicant shall meet all
other requirements of sections 302.700 to 302.780, except that the director may waive the driving
test for a commercial driver's license as required in section 302.720 if the applicant for a
commercial driver's license has a valid commercial driver's license from a state which has
requirements for issuance of such license comparable to those in this state.
4. Any person who falsifies any information in an application or test for a commercial
driver's license shall not be licensed to operate a commercial motor vehicle, or the person's
commercial driver's license shall be canceled, for a period of one year after the director discovers
such falsification.
302.740. 1. The commercial driver's license shall be manufactured of materials and
processes that will prohibit as nearly as possible, the ability to reproduce, alter, counterfeit, forge,
or duplicate any license without ready detection. Such license shall include, but not be limited
to, the following information: a colored photograph of the person, the legal name and address
of the person, a physical description of the person, including sex, height, weight and eye color,
the person's Social Security number or such other number or identifier deemed appropriate by
the director or the secretary, the date of birth, class or type of commercial motor vehicle or
vehicles which the person is authorized to drive, the name of this state, and the words
"COMMERCIAL DRIVER'S LICENSE" or "CDL", the dates of issuance and expiration, the
person's signature and such other information as the director prescribes.
2. Before issuing a commercial driver's license, the director shall obtain driving record
information from sources including, but not limited to, the national driver's register [or] the
commercial driver's license information system [of], and any state driver's licensing system in
which the person has been licensed; except that the director shall only be required to obtain
the complete driving record from each state the person has ever been licensed in when such
person is issued an initial commercial driver’s license or renews his or her commercial
driver’s license for the first time. The director shall maintain a notation in the driving
record system of the date when he or she has obtained the driving records from all states
which the person has been licensed.
3. Within ten days after issuing a commercial driver's license, the director shall notify
the commercial driver's license information system of such fact, providing all information
required to ensure identification of the person. For the purpose of this subsection, the date of
issuance shall be the date the commercial driver's license is mailed to the applicant.
4. The commercial driver's license shall indicate the class of vehicle the person may
drive and any applicable endorsements or restrictions. Commercial driver's license
classifications, endorsements and restrictions shall be in compliance with the Commercial Motor
Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570) and those prescribed by the director.
The commercial driver's license driving record shall contain a complete history of the
driver, including information and convictions from previous states of licensure.
302.755. 1. A person is disqualified from driving a commercial motor vehicle for a
period of not less than one year if convicted of a first violation of:
(1) Driving a [commercial] motor vehicle under the influence of alcohol or a controlled
substance;
(2) Driving a commercial motor vehicle which causes a fatality through the
negligent operation of the commercial motor vehicle, including but not limited to the
crimes of vehicular manslaughter, homicide by motor vehicle and negligent homicide;
(3) Driving a commercial motor vehicle while revoked pursuant to section 302.726;
[(2)] (4) Leaving the scene of an accident involving a commercial or noncommercial
motor vehicle operated by the person;
[(3)] (5) Using a commercial or noncommercial motor vehicle in the commission of any
felony, as defined in section 302.700, except a felony as provided in subsection 4 of this
section.
2. If any of the violations described in subsection 1 of this section occur while
transporting a hazardous material the person is disqualified for a period of not less than three
years.
3. Any person is disqualified from operating a commercial motor vehicle for life if
convicted of two or more violations of any of the offenses specified in subsection 1 of this
section, or any combination of those offenses, arising from two or more separate incidents. The
director may issue rules and regulations, in accordance with guidelines established by the
secretary, under which a disqualification for life under this section may be reduced to a period
of not less than ten years.
4. Any person is disqualified from driving a commercial motor vehicle for life who uses
a commercial or noncommercial motor vehicle in the commission of any felony involving the
manufacture, distribution, or dispensing of a controlled substance, or possession with intent to
manufacture, distribute, or dispense a controlled substance.
5. Any person is disqualified from operating a commercial motor vehicle for a period
of not less than sixty days if convicted of two serious traffic violations or one hundred twenty
days if convicted of three serious traffic violations, committed in a commercial motor vehicle
arising from separate incidents occurring within a three-year period.
6. Any person found to be operating a commercial motor vehicle while having any
measurable alcohol concentration shall immediately be issued a continuous twenty-four-hour
out-of-service order by a law enforcement officer in this state.
7. Any person who is convicted of operating a commercial motor vehicle during a
continuous twenty-four-hour period beginning at the time of issuance of the out-of-service order
is guilty of a class A misdemeanor.
8. Any person convicted for the first time of driving while out of service shall be
disqualified from driving a commercial motor vehicle for a period of ninety days.
9. Any person convicted of driving while out of service on a second occasion during any
ten-year period, involving separate incidents, shall be disqualified for a period of one year.
10. Any person convicted of driving while out of service on a third or subsequent
occasion during any ten-year period, involving separate incidents, shall be disqualified for a
period of three years.
11. Any person convicted of a first violation of an out-of-service order while transporting
hazardous materials or while operating a motor vehicle designed to transport more than fifteen
passengers, including the driver, is disqualified for a period of one hundred eighty days.
12. Any person convicted of any subsequent violation of an out-of-service order in a
separate incident within ten years after a previous violation, while transporting hazardous
materials or while operating a motor vehicle designed to transport fifteen passengers, including
the driver, is disqualified for a period of three years.
13. Any person convicted of any other offense as specified by regulations promulgated
by the Secretary of Transportation shall be disqualified in accordance with such regulations.
14. After suspending, revoking, canceling or disqualifying a driver, the director shall
update records to reflect such action and notify a nonresident's licensing authority and the
commercial driver's license information system within ten days.
15. Any person disqualified from operating a commercial motor vehicle pursuant to
subsection 1, 2, 3 or 4 of this section shall have such commercial driver's license canceled, and
upon conclusion of the period of disqualification shall take the written and driving tests and meet
all other requirements of sections 302.700 to 302.780. Such disqualification and cancellation
shall not be withdrawn by the director until such person reapplies for a commercial driver's
license in this or any other state after meeting all requirements of sections 302.700 to 302.780.
16. The director shall disqualify a driver upon receipt of notification that the
secretary has determined a driver to be an imminent hazard pursuant to 49 CFR, Part
383.52. Due process of a disqualification determined by the secretary pursuant to this
section shall be held in accordance with regulations promulgated by the secretary. The
period of disqualification determined by the secretary pursuant to this section shall be
served concurrently to any other period of disqualification which may be imposed by the
director pursuant to this section. Both disqualifications shall appear on the driving record
of the driver.
302.756. 1. Notwithstanding any other provision of law to the contrary, any driver who
violates or fails to comply with an out-of-service order is subject to a civil penalty of [one
thousand dollars] not less than one thousand one hundred dollars and not more than two
thousand seven hundred fifty dollars or an amount as determined by the secretary, in
addition to disqualification as provided by law. Any civil penalty established in this section shall
not become effective and enforced until October 1, 1996.
2. Any employer who violates an out-of-service order, or who knowingly requires or
permits a driver to violate or fail to comply with an out-of-service order, is subject to a civil
penalty of two thousand five hundred dollars.
3. The [general] chief counsel to the [division of motor carrier and railroad safety within
the department of economic development] state highways and transportation commission
shall bring an action in accordance with the procedures under section 390.156, RSMo, to recover
a civil penalty under this section against a driver who violates or fails to comply with an
out-of-service order, or against an employer who violates an out-of-service order or knowingly
requires or permits a driver to violate or fail to comply with an out-of-service order, or both.
4. In addition to any other remedies under this section, actions under this section may
be brought against a driver or employer who violates or fails to comply with an out-of-service
order with reference to a motor vehicle or combination of motor vehicles used in intrastate
commerce which has a capacity of more than five passengers, excluding the driver.
577.054. 1. After a period of not less than ten years, an individual who has pleaded
guilty or has been convicted for a first alcohol-related driving offense which is a misdemeanor
or a county or city ordinance violation and which is not a conviction for driving a commercial
motor vehicle while under the influence of alcohol and who since such date has not been
convicted of any other alcohol-related driving offense may apply to the court in which he pled
guilty or was sentenced for an order to expunge from all official records all recordations of his
arrest, plea, trial or conviction. If the court determines, after hearing, that such person has not
been convicted of any alcohol-related driving offense in the ten years prior to the date of the
application for expungement, and has no other alcohol-related enforcement contacts as defined
in section 302.525, RSMo, during that ten-year period, the court shall enter an order of
expungement. The effect of such order shall be to restore such person to the status he occupied
prior to such arrest, plea or conviction and as if such event had never taken place. No person as
to whom such order has been entered shall be held thereafter under any provision of any law to
be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or
acknowledge such arrest, plea, trial, conviction or expungement in response to any inquiry made
of him for any purpose whatsoever and no such inquiry shall be made for information relating
to an expungement under this section. A person shall only be entitled to one expungement
pursuant to this section. Nothing contained in this section shall prevent the director from
maintaining such records as to ensure that an individual receives only one expungement pursuant
to this section for the purpose of informing the proper authorities of the contents of any record
maintained pursuant to this section.
2. The provisions of this section shall not apply to any individual who has been
issued a commercial driver’s license or is required to possess a commercial driver’s license
issued by this state or any other state.
Section 1. 1. Notwithstanding any provisions of section 302.272, RSMo, to the
contrary, any individual who operates a school bus as that term is defined in 49 CFR, Part
383, Section 383.5, shall meet the requirements for and be issued a school bus endorsement
as required by the secretary pursuant to 49 CFR, Part 383, Section 383.123.
2. The director is authorized to promulgate any rules and regulations necessary to
carry out the provisions of this section. No rule or portion of a rule promulgated pursuant
to the authority of this section shall become effective unless it has been promulgated
pursuant to the provisions of chapter 536, RSMo.
Section 2. Notwithstanding any other provisions of law to the contrary, no federal,
state, county, municipal, or local court shall defer imposition of judgment, suspend
imposition of sentence, or allow an individual who possesses a commercial driver's license
or is required to possess a commercial driver's license issued pursuant to chapter 302,
RSMo, or the laws of another state, to enter into a diversion program that would prevent
a conviction for any violation, in any type of motor vehicle, of a federal, state, county,
municipal, or local traffic control law from appearing on the driver's record maintained
by the director of revenue.