CCS HCS SCS SB 1001, 896 & 761 -- DRIVERS' LICENSES

This bill changes the laws regarding the licensure of certain
motor vehicle drivers.

LAWFUL PRESENCE

Applicants for a noncommercial driver's license who are 65 years
of age or older and who were previously issued a Missouri
driver's license, instruction permit, or nondriver's license will
be exempt from showing proof of lawful presence.  Any person who
is not 65 years of age and does not have the required documents
to prove lawful presence may be issued a one-year driver's
license renewal.  The renewal will only be issued to an applicant
who has previously held a Missouri noncommercial driver's
license, noncommercial instruction permit, or a nondriver's
license for a period of 15 years or more and does not have the
required documents to prove lawful presence.  No further renewal
will be issued without producing proof of lawful presence.

OUT-OF-SERVICE ORDERS

The Highways and Transportation Commission is allowed to suspend,
revoke, or cancel the registration, license, permit, or other
credentials issued to a motor carrier if a federal agency or the
commission has issued an out-of-service order against the motor
carrier.  The law is applicable to out-of-service orders placing
a motor carrier's entire operation out of service but does not
apply to orders placing an individual driver or vehicle out of
service.

If the commission issues an order, the motor carrier must not
operate any commercial motor vehicle or allow an employee to
operate any commercial motor vehicle in intrastate or interstate
commerce.  After the commission has issued an order, the motor
carrier must surrender all license plates, motor carrier
licenses, registrations, permits, and other credentials.  After
the commission has issued an order, the out-of-state motor
carrier will not be eligible to apply for the issuance or
reinstatement of any license, registration, permit, certificate,
or other credentials until the out-of-service order has been
rescinded or the orders have been set aside by a court of proper
jurisdiction.

Any federal or state order will be admissible in administrative
and court proceedings, and the orders will constitute prima facie
evidence that the motor carrier violated federal regulations or
that the motor carrier's operation of commercial motor vehicles
poses an imminent hazard.  The bill also changes the laws
regarding the right to seek judicial review, law enforcement
powers, and liability regarding an out-of-service order.

INTERMEDIATE DRIVER'S LICENSES

Beginning January 1, 2007, parents or legal guardians of
applicants for a temporary instruction permit will be required to
provide 40 hours of behind-the-wheel driving instruction
including a minimum of 10 hours during the nighttime hours.
Currently, only 20 hours are required.

For the first six months after the issuance of an intermediate
driver's license, the driver cannot operate a vehicle with more
than one passenger younger than 19 years of age who is not a
member of the driver's immediate family.  After the first
six-month time period, the driver must not operate a vehicle with
more than three passengers younger than 19 years of age who are
not members of the driver's immediate family until he or she
receives a full driver's license.

An intermediate driver's licensee will have 30 days before his or
her eighteenth birthday to apply for and receive without further
examination full driving privileges if he or she has had a clean
record as specified in the bill for the preceding 12 months.

Any person who violates the provisions regarding intermediate
drivers' licenses or temporary permits will be guilty of an
infraction, but no points will be assessed against his or her
driving record.

THIRD-PARTY TESTING

Beginning August 28, 2006, the Director of the Department of
Revenue will only issue or renew third-party tester certification
to junior or community colleges; private companies who own,
lease, or maintain their own fleet and administer in-house
testing to their employees; or school districts and their agents
that administer in-house testing to their employees.

The bill becomes effective August 28, 2006, except for Section
302.171, RSMo, regarding lawful presence, which contains an
emergency clause.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:47 am