TERRY L. SPIELER, Secretary.
3276S.04C
To repeal sections 302.160 and 303.044, RSMo 1994, and sections 302.178, 302.302, 303.026, 303.041, 303.042 and 303.409, RSMo Supp. 1999, relating to motor vehicle drivers' licenses, and to enact in lieu thereof nine new sections relating to the same subject.
Section A. Sections 302.160 and 303.044, RSMo 1994, and sections 302.178, 302.302, 303.026, 303.041, 303.042 and 303.409, RSMo Supp. 1999, are repealed and nine new sections enacted in lieu thereof, to be known as sections 302.160, 302.178, 302.302, 303.026, 303.041, 303.042, 303.044, 303.205 and 303.409, to read as follows:
302.160. When the director of revenue receives notice of a conviction in another state or from a federal court [of an offense on a federal military installation], which, if committed in this state, would result in the assessment of points, [he] the director is authorized to assess the points and suspend or revoke the operating privilege when the accumulated points so require as provided in section 302.304.
302.178. 1. Beginning January 1, 2001, any person between the ages of sixteen and eighteen years who is qualified to obtain a license pursuant to sections 302.010 to 302.340, may apply for, and the director shall issue, an intermediate driver's license entitling the applicant, while having such license in his or her possession, to operate a motor vehicle of the appropriate class upon the highways of this state in conjunction with the requirements of this section. An intermediate driver's license shall be readily distinguishable from a license issued to those over the age of eighteen. All applicants for an intermediate driver's license shall:
(1) Successfully complete the examination required by section 302.173;
(2) Pay the fee required by subsection 3 of this section;
(3) Have had a temporary instruction permit issued pursuant to subsection 1 of section 302.130 for at least a six-month period or a valid license from another state; and
(4) Have a parent, grandparent or legal guardian sign the application stating that the applicant has completed at least twenty hours of supervised driving experience under a temporary instruction permit issued pursuant to subsection 1 of section 302.130, or, if the applicant is an emancipated minor, the person over twenty-one years of age who supervised such driving. For purposes of this section, the term "emancipated minor" means a person who is at least sixteen years of age, but less than eighteen years of age, who:
(a) Marries with the consent of the legal custodial parent or legal guardian pursuant to section 451.080, RSMo;
(b) Has been declared emancipated by a court of competent jurisdiction;
(c) Enters active duty in the armed forces;
(d) Has written consent to the emancipation from the custodial parent or legal guardian; or
(e) Through employment or other means provides for such person's own food, shelter and other cost-of-living expenses;
(5) Have had no alcohol-related enforcement contacts as defined in section 302.525 during the preceding twelve months; and
(6) Have no nonalcoholic traffic convictions for which points are assessed pursuant to section 302.302, within the preceding six months.
2. An intermediate driver's license grants the licensee the same privileges to operate that classification of motor vehicle as a license issued pursuant to section 302.177, except that no person shall operate a motor vehicle on the highways of this state under such an intermediate driver's license between the hours of 1:00 a.m. and 5:00 a.m. unless accompanied by a person described in subsection 1 of section 302.130; except the licensee may operate a motor vehicle without being accompanied if the travel is to or from a school or educational program or activity, a regular place of employment or in emergency situations as defined by the director by regulation. Each intermediate driver's license shall be restricted by requiring that the driver and all passengers in the licensee's vehicle wear safety belts at all times. This safety belts restriction shall not apply to a person operating a motorcycle.
3. Notwithstanding the provisions of section 302.177 to the contrary, the fee for an intermediate driver's license shall be five dollars and such license shall be valid for a period of two years.
4. Any intermediate driver's licensee accumulating six or more points in a twelve-month period may be required to participate in and successfully complete a driver improvement program approved by the director of the department of public safety. The driver improvement program ordered by the director of revenue shall not be used in lieu of point assessment.
5. (1) An intermediate driver's licensee who has, for the preceding twelve-month period, had no alcohol-related enforcement contacts, as defined in section 302.525 and no traffic convictions for which points are assessed, upon reaching the age of eighteen years may apply for and receive without further examination, other than a vision test as prescribed by section 302.173, a license issued pursuant to this chapter granting full driving privileges. Such person shall pay the required fee for such license as prescribed in section 302.177.
(2) The director of revenue shall deny an application for a full driver's license until the person has had no traffic convictions for which points are assessed for a period of twelve months prior to the date of application for license or until the person is eligible to apply for a six year driver's license as provided for in section 302.177, provided the applicant is otherwise eligible for full driving privileges. An intermediate driver's license shall expire when the licensee is eligible and receives a full driver's license as prescribed in subdivision (1) of this section.
6. No person upon reaching the age of eighteen years whose intermediate driver's license and driving privilege is denied, suspended, canceled or revoked in this state or any other state, for any reason may apply for a full driver's license until such license or driving privilege is fully reinstated. Any such person whose intermediate driver's license has been revoked pursuant to the provisions of sections 302.010 to 302.540 shall, upon receipt of reinstatement of the revocation from the director, pass the complete driver examination, apply for a new license, and pay the proper fee before again operating a motor vehicle upon the highways of this state.
7. A person shall be exempt from the intermediate licensing requirements if the person has reached the age of eighteen years and meets all other licensing requirements.
8. 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, [1999] 2000, shall be invalid and void.
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 ................................ 12 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 ten-hundredths of one percent or more
by weight ............................................................................ 12 points
(10) For the first conviction for driving
with blood alcohol content ten-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, 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.
303.026. 1. The director shall inform each owner who registers a motor vehicle of the following:
(1) The existence of the requirement that every motor vehicle owner in the state must maintain his financial responsibility;
(2) The requirement that every motor vehicle owner show an insurance identification card, or a copy thereof, or other proof of financial responsibility at the time of vehicle registration; this notice shall be given at least thirty days prior to the month for renewal and shall be shown in bold, colored print;
(3) The penalties which apply to violations of the requirement to maintain financial responsibility;
(4) The benefits of maintaining coverages in excess of those which are required;
(5) The director's authority to conduct samples of Missouri motor vehicle owners to insure compliance.
2. No motor vehicle owner shall be issued registration for a vehicle unless the owner, or his authorized agent, signs an affidavit provided by the director of revenue at the time of registration of the vehicle certifying that such owner has and will maintain, during the period of registration, financial responsibility with respect to each motor vehicle that is owned, licensed or operated on the streets or highways. The affidavit need not be notarized, but it shall be acknowledged by the person processing the form. The affidavit shall state clearly and in bold print the following: "Any false affidavit is a crime under section 575.050 of Missouri law.". In addition, every motor vehicle owner shall show proof of such financial responsibility by presenting his or her insurance identification card, as described in section 303.024, or a copy thereof, or some other proof of financial responsibility in the form prescribed by the director of revenue at the time of registration unless such owner registers his vehicle in conjunction with a reciprocity agreement entered into by the Missouri highway reciprocity commission pursuant to sections 301.271 to 301.279, RSMo, or unless the owner insures the vehicle according to the requirements of the division of motor carrier and railroad safety pursuant to section 390.126, RSMo.
3. To ensure compliance with this chapter, the director may utilize a variety of sampling techniques including but not limited to random samples of registrations subject to this section, uniform traffic tickets, insurance information provided to the director at the time of motor vehicle registration, and persons who during the preceding year have received a disposition of court-ordered supervision or suspension. The director may verify the financial responsibility of any person sampled or reported.
(1) The director may require such information, as in his or her discretion is necessary to enforce the requirements of subdivision 1 of subsection 1 of this section, to be submitted from the person's insurer or insurance company. When requested by the director of revenue, all licensed insurance companies in this state which sell private passenger (non-commercial) motor vehicle insurance policies shall report information regarding the issuance, non-renewal and cancellation of such policies to the director, excluding policies issued to owners of fleet or rental vehicles. Such information shall be reported electronically in a similar format to that by which an insurance company is required to report motor vehicle insurance policy information pursuant to 20 CSR 600-3.100, including policies categorized as preferred, standard, non-standard and joint underwriting association.
(2) The director shall require certain data to be reported by insurance companies including, but not limited to the data required by subsection 2 of section 303.412 and require reporting periods of at least once per month. Nothing in this section shall prohibit insurance companies from reporting more frequently than once per month.
(3) The director may use reports described in subdivision (1) of this subsection for sampling purposes as provided in this section.
4. Information provided to the department by an insurance company for use in accordance with this section is the property of the insurer and is not subject to disclosure pursuant to chapter 610, RSMo. Such information may be utilized by the department for enforcement of chapter 303, RSMo, but may not be disclosed except as follows:
(1) The department shall disclose whether an individual is maintaining the required insurance coverage upon request of the following individuals and agencies only:
(a) The individual;
(b) The parent or legal guardian of an individual if the individual is an unemancipated minor;
(c) The legal guardian of the individual if the individual is legally incapacitated;
(d) Any person who has power of attorney from the individual;
(e) Any person who submits a notarized release from the individual that is dated no more than ninety days before the request is made;
(f) Any person claiming loss or injury in a motor vehicle accident in which the individual is involved;
(g) The office of the state auditor, for the purpose of conducting any audit authorized by law.
5. The director may adopt any rules and regulations necessary to carry out the provisions of subdivisions (1) through (3) of subsection 3 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, 2000, shall be invalid and void.
6. Any person or agency who knowingly discloses information received from insurance companies pursuant to this section for any purpose, or to a person, other than those authorized in this section is guilty of a class A misdemeanor. No insurer shall be liable to any person for performing its duties pursuant to this section unless and to the extent the insurer commits a willful and wanton act of omission.
7. The department of revenue shall notify the department of insurance of any insurer who violates any provisions of this section. The department of insurance may, against any insurer who fails to comply with this section, assess a fine not greater than one thousand dollars per day of noncompliance. The department of insurance may excuse the fine if an assessed insurer provides acceptable proof that such insurer's noncompliance was inadvertent, accidental or the result of excusable neglect.
[4.] 8. To verify that financial responsibility is being maintained, the director shall notify the owner or operator of the need to provide, within fifteen days, proof of the existence of the required financial responsibility. The request shall require the owner[,] or [where applicable,] the operator, to state whether or not the motor vehicle was insured on the verification date stated in the director's request. The request may include but not be limited to a statement of the names and addresses of insurers, policy numbers and expiration date of insurance coverage. Failure to provide such information shall result in the suspension of the registration of the owner's motor vehicle, [or] and where applicable, the owner's or the operator's driving privilege, for failing to meet such requirements, as is provided in this chapter.
303.041. 1. If the director determines that as a result of a verification sample or accident report that the owner of a motor vehicle has not maintained financial responsibility, or if the director determines as a result of an order of court supervision that the operator of a motor vehicle has not maintained the financial responsibility as required in this chapter, the director shall thirty-three days after mailing notice, suspend the driving privilege of the owner or operator and/or the registration of the vehicle failing to meet such requirement. The notice of suspension shall be mailed to the person at the last known address shown on the department's records. The notice of suspension is deemed received three days after mailing. The notice of suspension shall clearly specify the reason and statutory grounds for the suspension and the effective date of the suspension, the right of the person to request a hearing, the procedure for requesting a hearing, and the date by which that request for a hearing must be made. If the request for a hearing is received by the department prior to the effective date of the suspension, the effective date of the suspension will be stayed until a final order is issued following the hearing.
2. Neither the fact that subsequent to the date of verification or conviction, the owner acquired the required liability insurance policy nor the fact that the owner terminated ownership of the motor vehicle, shall have any bearing upon the director's decision to suspend. Until it is terminated, the suspension shall remain in force after the registration is renewed or a new registration is acquired for the motor vehicle. The suspension also shall apply to any motor vehicle to which the owner transfers the registration. Effective January 1, 2000, the department shall not extend any suspension for failure to pay a delinquent late surrender fee pursuant to this subsection.
303.042. 1. The suspension shall become effective thirty days after the subject person is deemed to have received the notice of suspension by [certified] ordinary mail as provided in section 303.041.
2. The period of suspension under this section shall be as follows:
(1) If the person's [driving] record shows no prior violation, the director shall terminate the suspension upon payment [by the owner] of a reinstatement fee of twenty dollars and submission of proof of insurance as prescribed in section 303.026 or some other form of proof of insurance as prescribed by the director;
(2) If the person's record shows one prior violation within the immediately preceding two years, the director shall terminate the suspension ninety days after its effective date upon payment [by the owner] of a reinstatement fee of two hundred dollars and submission of proof of insurance as prescribed in section 303.026 or some other form of proof of insurance as prescribed by the director;
(3) If the person's record shows two or more prior violations, the period of suspension shall terminate one year after its effective date upon payment of a reinstatement fee of four hundred dollars and submission of proof of insurance as prescribed in section 303.026 or some other form of proof of insurance as prescribed by the director.
3. In the event that proof of insurance [as prescribed by the director] required by this section has not been filed with the department of revenue in accordance with this chapter prior to the end of the period of suspension provided in this section, such period of suspension shall be extended until such proof of insurance as prescribed by the director has been filed. In no event shall filing proof of insurance as prescribed by the director reduce any period of suspension.
4. If the director determines that the proof of insurance submitted by a motor vehicle owner or operator pursuant to this chapter is false, the director shall suspend the owner's vehicle registration and operator's driving privilege. The director shall terminate the suspension one year after the effective date upon payment by the owner or operator of a reinstatement fee of one hundred fifty dollars and submission of proof of insurance as prescribed in section 303.026 or some other form of proof of insurance as prescribed by the director.
5. In all cases involving a suspension as provided in section 303.042, the director shall not require an individual to file a certificate of insurance as provided in section 303.170 or section 303.180 or some other form of high-risk insurance in order to terminate the suspension, excluding cases involving a motor vehicle accident where one or more parties involved in the accident were uninsured.
303.044. After the period of suspension provided in section 303.042 has elapsed, the owner or operator, or both, whose license or registration has been suspended must file proof of [financial responsibility] insurance as prescribed in section 303.026 or some other proof of insurance as prescribed by the director for a period of three years thereafter with respect to all motor vehicles registered to him. If proof of [financial responsibility] insurance is not maintained during the three-year period to the satisfaction of the director, he shall again suspend the license and all registrations until the owner or operator shall thereafter maintain proof of [financial responsibility] insurance as set out herein. In no case shall the director require the person whose license or registration has been suspended pursuant to this section to file a certificate of insurance as prescribed by section 303.170 or section 303.180 or some other form of high-risk insurance, excluding cases involving a motor vehicle accident where one or more parties involved in the accident were uninsured.
303.205. No insurance company issuing motor vehicle liability insurance shall raise a policyholder's premium because the policy holder has violated any provision of the law requiring drivers to maintain motor vehicle liability insurance or for failing to provide proof of such insurance.
303.409. 1. If the motorist insurance identification database indicates the owner of a registered motor vehicle has, regardless of the owner's operation of such motor vehicle, failed to maintain the financial responsibility required in section 303.025 for two consecutive months, the designated agent shall on behalf of the director inform the owner that the director will suspend the owner's vehicle registration if the owner does not present proof of insurance as prescribed by the director within thirty days from the date of mailing. The notice issued to the vehicle owner by the designated agent shall be sent to the last known address shown on the department's records. The notice is deemed received three days after mailing. The notice of suspension shall clearly specify the reason and statutory grounds for the suspension and the effective date of the suspension, the right of the person to request a hearing, the procedure for requesting a hearing and the date by which that request for a hearing must be made. The suspension shall become effective thirty days after the subject person is deemed to have received the notice of suspension by [certified] ordinary mail as provided in section 303.041. If the request for a hearing is received prior to the effective date of the suspension, the effective date of the suspension will be stayed until a final order is issued following the hearing; however, any delay in the hearing which is caused or requested by the subject person or counsel representing that person without good cause shown shall not result in a stay of the suspension during the period of delay.
2. Neither the fact that, subsequent to the date of verification, the owner acquired the required liability insurance policy nor the fact that the owner terminated ownership of the motor vehicle shall have any bearing upon the director's decision to suspend. The suspension shall remain in force until termination despite the renewal of registration or acquisition of a new registration for the motor vehicle. The suspension shall also apply to any motor vehicle to which the owner transfers the registration.
3. Upon receipt of notification from the designated agent, the director shall suspend the owner's vehicle registration effective immediately. The suspension period shall be as follows:
(1) If the person's record shows no prior violation, the director shall terminate the suspension upon payment of a reinstatement fee of twenty dollars and submission of proof of insurance, as prescribed by the director;
(2) If the person's record shows one prior violation for failure to maintain financial responsibility within the immediately preceding two years, the director shall terminate the suspension ninety days after its effective date upon payment of a reinstatement fee of two hundred dollars and submission of proof of insurance, as prescribed by the director;
(3) If the person's record shows two or more prior violations for failure to maintain financial responsibility, the period of suspension shall terminate one year after its effective date upon payment of a reinstatement fee of four hundred dollars and submission of proof of insurance, as prescribed by the director.
4. In the event that proof of insurance as prescribed by the director has not been filed with the department of revenue in accordance with this chapter prior to the end of the period of suspension provided in this section, such period of suspension shall be extended until such proof of insurance has been filed. In no event shall filing proof of insurance reduce any period of suspension. If proof of insurance is not maintained during the three-year period following the reinstatement or termination of the suspension, the director shall again suspend the license and motor vehicle registration until proof of insurance is filed or the three-year period has elapsed. In no event shall filing proof of insurance reduce any period of suspension.