HCS HB 1118 -- COMMERCIAL DRIVERS' LICENSES

SPONSOR:  Crawford (Schlottach)

COMMITTEE ACTION:  Voted "do pass - federal mandate" by the
Committee on Transportation and Motor Vehicles by a vote of 20 to
0.

This substitute makes changes in the laws regarding commercial
drivers' licenses.

SCHOOL BUS ENDORSEMENT

Any individual who operates a school bus must have a school bus
endorsement on their driver's license.  In order to obtain a
school bus endorsement, an applicant must submit two sets of
fingerprints.  One set of prints will be used by the State
Highway Patrol to search the criminal history repository, and the
second set will be forwarded to the Federal Bureau of
Investigation for searching the federal criminal history files.
The applicant will pay the fee for the state criminal history
information and the federal criminal history record.  Any person
who possesses a valid driver's license from another state with a
valid school bus endorsement and who is otherwise qualified to
receive a school bus endorsement in this state will be issued the
permit.

CRIMES

The substitute creates the following crimes:

(1)  Driving a commercial motor vehicle while revoked if a person
operates a commercial motor vehicle and a prior violation has
caused a license to be revoked, suspended, canceled, or the
driver is disqualified from operating a commercial motor vehicle
is a class A misdemeanor;

(2)  Driving a commercial motor vehicle on a fourth or subsequent
offense with commercial driving privileges revoked or suspended,
with no prior alcohol-related enforcement contacts, and the
defendant waived the right to an attorney and the prior three
offenses occurred within 10 years and the person served a 10-day
sentence on the previous offenses is a class D felony;

(3)  Driving a commercial motor vehicle, while intoxicated, with
commercial driving privileges revoked on the third and subsequent
offense and the defendant waived the right to an attorney and the
two prior offenses occurred within 10 years and the person
received a 10-day sentence or more is a class D felony;

(4)  Driving a commercial motor vehicle, while intoxicated, with
commercial driving privileges revoked on the second or subsequent
conviction is a class D felony; and

(5)  Driving a commercial motor vehicle while revoked on a fourth
or subsequent conviction for other offenses is a class D felony.

DRIVING PRIVILEGES

The substitute allows holders of a commercial driver's license
(CDL) to avoid the assessment of points upon the completion of a
driver-improvement program.  They will not be allowed limited
driving privileges for a commercial vehicle if their driving
privileges are suspended, revoked, canceled, denied, or
disqualified.  However, they will be allowed to obtain a limited
driving privilege for a noncommercial motor vehicle.

TRAFFIC VIOLATIONS

The substitute adds to the list of serious traffic violations the
following:

(1)  Driving a commercial motor vehicle without a CDL;

(2)  Driving a commercial vehicle without a CDL in possession;
and

(3)  Driving a commercial vehicle without the proper CDL class or
endorsement.

STATE RECORD CHECKS

The substitute adds the following requirements when processing a
CDL license:

(1)  Applicants for a CDL must disclose the names of all states
which have issued them a CDL during the previous 10-year period;

(2)  Before the initial issuance of a CDL and for the first
renewal, the Director of the Department of Revenue is required
to obtain driving record information from any state licensing
system in which the person had been issued a license; and

(3)  A CDL driving record must contain a complete history of the
driver, including information and convictions from previous
licensing states.

DISQUALIFICATIONS

The director is required to disqualify any driver the
United States Secretary of Transportation has determined to
constitute an imminent hazard.

A person will be prohibited from operating a commercial motor
vehicle for a period of not less than one year if convicted of a
violation of:

(1)  Driving any motor vehicle under the influence of alcohol or
a controlled substance;

(2)  Driving a commercial motor vehicle which causes a fatality
due to the negligent operation of the vehicle;

(3)  Leaving the scene of an accident involving any vehicle; or

(4)  Driving a commercial motor vehicle while a license is
revoked; and

(5)  Using any vehicle in the commission of a felony.

OUT-OF-SERVICE ORDERS

Any driver who violates an out-of-service order is subject to a
civil penalty not to exceed an amount determined by the
United States Secretary of Transportation in addition to the
disqualification.

SENTENCING

No federal, state, county, municipal, or local court can defer
imposition of judgment, suspend imposition of sentence, or allow
an individual who possesses or is required to possess a CDL to
enter into a diversion program that will prevent a conviction for
any violation of any traffic law from appearing on the driver's
record maintained by the Department of Revenue.

The substitute will become effective September 30, 2005.

FISCAL NOTE:  No impact on General Revenue Fund in FY 2005, FY
2006, and FY 2007.  Estimated Cost on Other State Funds of
$140,240 in FY 2005, $0 in FY 2006, and $0 in FY 2007.

PROPONENTS:  Supporters say that the Motor Carrier Safety
Improvement Act, signed into law December 9, 1999, requires the
United States Secretary of Transportation to create complying
regulations.  The Federal Motor Carrier Administration was the
agency delegated by the secretary to create the complying
regulations.  In July 2002, it published the final rule and
regulations.  Under the rule, states have until September 30,
2005, to comply with the requirements of the legislation or be
penalized 5% of its federal highway apportioned funds for the
first year and each subsequent year of noncompliance.  The bill
addresses the issues in the final rule and brings the state into
compliance with federal requirements.

Testifying for the bill were Representative Schlottach;
Department of Revenue; Department of Transportation; Missouri
Motor Carriers Association; and Missouri Safety Council.

OPPONENTS: There was no opposition voiced to the committee.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:14 am