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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 3491
103RD GENERAL ASSEMBL Y
7337H.04C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 302.735, RSMo, and to enact in lieu thereof four new sections relating to
commercial driver's licenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 302.735, RSMo, is repealed and four new sections enacted in lieu
2 thereof, to be known as sections 302.733, 302.735, 302.738, and 302.739, to read as follows:
302.733. 1. An operator of a commer cial motor vehicle shall be able to r ead and
2 speak the English language sufficiently to:
3 (1) Converse with the general public;
4 (2) Understand highway traffic signs and signals in the English language;
5 (3) Respond to official inquiries; and
6 (4) Make entries on rep orts and records.
7
8 Such re quir ements shall be interpr eted consistently with the applicable federal motor
9 carrier safety reg ulations.
10 2. A person commits the offense of operating a commer cial motor vehicle
11 without sufficient English language proficien cy if he or she:
12 (1) Operates a commer cial vehicle; and
13 (2) Fails to demonstrate pro ficiency in the English language as r equir ed under
14 subsection 1 of this section.
15 3. The offense of operating a commer cial motor vehicle without sufficient
16 English language proficien cy is a class D misdemeanor for a first offense and a class B
17 misdemeanor for a second or subsequent offense.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 4. A driver found to be in violation of the language proficien cy requ irem ents of
19 this section shall be pr ohibited fr om operating a commer cial motor vehicle within this
20 state until such a time that the driver is able to meet the r equir ements of subsection 1 of
21 this section.
22 5. Any operator of a commer cial motor vehicle found to be in violation of this
23 section shall, in addition to the penalties pr ovided under subsections 3 and 4 of this
24 section, be subject to a fine of one thousand dollars.
25 6. A commer cial motor carrier whose driver is found to be in violation of this
26 section shall be subject to a fine of thr ee thousand dollars for each violation.
27 7. A commer cial motor carrier shall be notified of the location of any
28 commer cial motor vehicle involved in a violation of this section and, upon payment of a
29 fine in full and pr esentation of a driver who meets all of the req uirements to operate a
30 commer cial motor vehicle in this state, shall take possession of the vehicle. If the
31 commer cial motor carrier is unable to either pay such fine or pr esent such driver within
32 twelve hours after notification, the owner of any cargo being transported by the
33 commer cial motor vehicle shall be notified and allowed to arrange for the transfer of the
34 cargo to another vehicle. Neither the state or the owner of such cargo shall be liable for
35 any reas onable action to transfer such cargo.
302.735. 1. An application shall not be taken from a nonresident after September 30,
2 2005. The application for a commercial driver's license shall include, but not be limited to,
3 the applicant's legal name, mailing and residence address, if dif ferent, a physical description
4 of the person, including sex, height, weight and eye color , the person's Social Security
5 number , date of birth and any other information deemed appropriate by the director . The
6 application shall also require, beginning September 30, 2005, the applicant to provide the
7 names of all states where the applicant has been previously licensed to drive any type of
8 motor vehicle during the preceding ten years.
9 2. A commercial driver's license shall expire on the applicant's birthday in the sixth
10 year after issuance, unless the license must be issued for a shorter period due to other
11 requirements of law or for transition or staggering of work as determined by the director , and
12 must be renewed on or before the date of expiration. When a person changes such person's
13 name an application for a duplicate license shall be made to the director of revenue. When a
14 person changes such person's mailing address or residence the applicant shall notify the
15 director of revenue of said change, however , no application for a duplicate license is required.
16 A commercial license issued pursuant to this section to an applicant less than twenty-one
17 years of age and seventy years of age and older shall expire on the applicant's birthday in the
18 third year after issuance, unless the license must be issued for a shorter period as determined
19 by the director .
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20 3. A commercial driver's license containing a hazardous materials endorsement issued
21 to an applicant who is between the age of twenty-one and sixty-nine shall not be issued for a
22 period exceeding five years from the approval date of the security threat assessment as
23 determined by the T ransportation Security Administration.
24 4. The director shall issue a biennial commercial driver's license containing a school
25 bus endorsement to an applicant who is seventy-five years of age or older . The fee for such
26 license shall be seven dollars and fifty cents.
27 5. A commercial driver's license containing a hazardous materials endorsement issued
28 to an applicant who is seventy years of age or older shall not be issued for a period exceeding
29 three years. The director shall not require such drivers to obtain a security threat assessment
30 more frequently than such assessment is required by the T ransportation Security
3 1 Administration under the Uniting and Strengthening America by Providing Appropriate
32 T ools Required to Intercept and Obstruct T errorism Act (USA P A TRIOT ACT) of 2001.
33 (1) The state shall immediately revoke a hazardous materials endorsement upon
34 receipt of an initial determination of threat assessment and immediate revocation from the
35 T ransportation Security Administration as defined by 49 CFR 1572.13(a).
36 (2) The state shall revoke or deny a hazardous materials endorsement within fifteen
37 days of receipt of a final determination of threat assessment from the T ransportation Security
38 Administration as required by CFR 1572.13(a).
39 6. The fee for a commercial driver's license or renewal commercial driver's license
40 issued for a period greater than three years shall be forty dollars.
41 7. The fee for a commercial driver's license or renewal commercial driver's license
42 issued for a period of three years or less shall be twenty dollars.
43 8. The fee for a duplicate commercial driver's license shall be twenty dollars.
44 9. In order for the director to properly transition driver's license requirements under
45 the Motor Carrier Safety Improvement Act of 1999 and the Uniting and Strengthening
46 America by Providing Appropriate T ools Required to Intercept and Obstruct T errorism Act
47 (USA P A TRIOT ACT) of 2001, the director is authorized to stagger expiration dates and
48 make adjustments for any fees, including driver examination fees that are incurred by the
49 driver as a result of the initial issuance of a transitional license required to comply with such
50 acts.
51 10. W ithin thirty days after moving to this state, the holder of a commercial driver's
52 license shall apply for a commercial driver's license in this state. The applicant shall meet all
53 other requirements of sections 302.700 to 302.780, except that the director may waive the
54 driving test for a commercial driver's license as required in section 302.720 if the applicant
55 for a commercial driver's license has a valid commercial driver's license from a state which
56 has requirements for issuance of such license comparable to those in this state.
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57 1 1. Any person who falsifies any information in an application or test for a
58 commercial driver's license shall not be licensed to operate a commercial motor vehicle, or
59 the person's commercial driver's license shall be cancelled, for a period of one year after the
60 director discovers such falsification.
61 12. Beginning July 1, 2005, the director shall not issue a commercial driver's license
62 under this section unless the director verifies that the applicant is lawfully present in the
63 United States before accepting the application. If lawful presence is granted for a temporary
64 period, no commercial driver's license shall be issued. The director may , by rule or
65 regulation, establish procedures to verify the lawful presence of the applicant and establish
66 the duration of any commercial driver's license issued under this section. No rule or portion
67 of a rule promulgated pursuant to the authority of this section shall become ef fective unless it
68 has been promulgated pursuant to chapter 536.
69 13. (1) Eff ective December 19, 2005, notwithstanding any provisions of subsections
70 1 and 5 of this section to the contrary , the director may issue a nondomiciled commercial
71 driver's license or commercial driver's instruction permit to a resident of a foreign jurisdiction
72 if the United States Secretary of T ransportation has determined that the commercial motor
73 vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing
74 standards established in 49 CFR 383.
75 (2) Any applicant for a nondomiciled commercial driver's license or commercial
76 driver's instruction permit must present evidence satisfactory to the director that the applicant
77 currently has employment with an employer in this state. The nondomiciled applicant must
78 meet the same testing, driver record requirements, conditions, and is subject to the same
79 disqualification and conviction reporting requirements applicable to resident commercial
80 drivers.
81 (3) The nondomiciled commercial driver's license will expire on the same date that
82 the documents establishing lawful presence for employment expire. The word
8 3 "nondomiciled" shall appear on the face of the nondomiciled commercial driver's license.
84 Any applicant for a Missouri nondomiciled commercial driver's license or commercial
85 driver's instruction permit must first surrender any nondomiciled commercial driver's license
86 issued by another state.
87 (4) The nondomiciled commercial driver's license applicant must pay the same fees as
88 required for the issuance of a resident commercial driver's license or commercial driver's
89 instruction permit.
90 (5) A person holding a nondomiciled commer cial driver's license or
9 1 nondomiciled commerci al driver's instruction permit within this state shall also
92 possess a valid work visa or pr ovide pr oof of citizenship to validate his or her identity
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93 while operating a commer cial motor vehicle. Pr oof of citizenship shall be demonstrated
94 thr ough pr esentation of a birth certificate, naturalization certificate, or valid passport.
95 (6) A commer cial motor carrier whose driver is found to be in violation of
96 subdivision (5) of this subsection shall be subject to a fine in the amount of thr ee
97 thousand dollars for each violation.
98 (7) A driver found to be in violation of subdivision (5) of this subsection shall be
99 pr ohibited fr om operating a commer cial motor vehicle within this state until such a time
100 that the driver is able to meet the requ irem ents of such subdivision. Any driver found to
101 be operating a motor vehicle within this state while under such pr ohibition shall be
102 guilty of a class B misdemeanor and upon conviction shall be subject to a fine not to
103 exceed one thousand dollars or by imprisonment for not mor e than ninety days, or by
104 both such fine and imprisonment.
105 (8) The commer cial motor carrier shall be notified of the location of any
106 commer cial motor vehicle involved in a violation of subdivision (5) of this subsection
107 and, upon payment of the fine in full and pr esentation of a driver who meets all
108 r equir ements to operate a commer cial motor vehicle within this state, shall take
109 possession of the vehicle. If the commer cial motor carrier is unable to either pay such
110 fine or pr esent such driver within twelve hours after notification, the owner of any cargo
111 being transported by the commer cial motor vehicle shall be notified and allowed to
112 arrange for the transfer of the cargo to another vehicle. Neither the state or the owner
113 of such cargo shall be liable for any reas onable action to transfer such cargo.
114 (9) Nothing in this subsection shall be construed to r equir e state or local law
115 enfor cement officers to independently determine immigration status beyond verification
116 of compliance with applicable federal commer cial motor vehicle r egulations.
117 14. Foreign jurisdiction for purposes of issuing a nondomiciled commercial driver's
118 license or commercial driver's instruction permit under this section shall not include any of
119 the fifty states of the United States or Canada or Mexico.
302.738. 1. Any person operating a commer cial motor vehicle within this state
2 shall:
3 (1) Hold a valid commer cial driver's license issued in compliance with 49 C.F .R.
4 Part 383, as amended; and
5 (2) Be authorized under applicable federal law to engage in employment as a
6 commer cial motor vehicle operator within the United States.
7 2. A person commits the offense of unlawful commer cial motor vehicle operation
8 if he or she operates a commerci al motor vehicle within this state while:
9 (1) Not in possession of a valid commer cial driver's license issued in compliance
10 with 49 C.F .R. Part 383; or
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11 (2) Not authorized under applicable federal law to engage in employment as a
12 commer cial motor vehicle operator within the United States.
13 3. The offense of unlawful commer cial motor vehicle operation is a class A
14 misdemeanor for a first or second offense and a class D felony for a third or subsequent
15 offense.
16 4. Notwithstanding the pr ovisions of subsection 3 of this section, any violation of
17 this section that is discover ed after a major violation of traffic law shall be punishable as
18 a class D felony . For purposes of this subsection, "major violation of traffic law" means
19 a violation of traffic law that present s pr edictable harm or is inher ently dangerous.
20 Such violations shall include, but not be limited to, driving while in an intoxicated
21 condition, under the influence of contro lled substances or drugs, or with an excessive
22 blood alcohol content; exceeding the speed limit by mor e than nineteen miles per hour;
23 performing a u-turn on a designated one-way stre et; any violation occurring within a
24 construction zone or school zone; and driving in the wrong dir ection on a highway .
25 5. Upon a violation of this section, the operator shall be placed out of service
26 until compliance with federal law is demonstrated.
302.739. 1. Any commer cial motor carrier operating within this state shall have
2 an affirmative duty to ensure that each driver operating under its authority within this
3 state:
4 (1) Holds a valid commerc ial driver's license issued in compliance with 49 C.F .R.
5 Part 383, as amended; and
6 (2) Is authorized under applicable federal law to engage in employment as a
7 commer cial motor vehicle operator within the United States.
8 2. A commer cial motor carrier that permits or dispatches a driver to operate a
9 commer cial motor vehicle within this state in violation of section 302.736 shall be subject
10 to a civil penalty of not less than fifteen thousand dollars per violation.
11 3. If a violation of subsection 2 of this section res ults in serious physical injury to
12 another person, the commer cial motor carrier shall be subject to a civil penalty of not
13 less than twenty-five thousand dollars per violation.
14 4. If a violation of subsection 2 of this section r esults in the death of another
15 person, the commer cial motor carrier shall be subject to a civil penalty of not less than
16 fifty thousand dollars per violation.
17 5. Upon a second violation within a five-year period, the appr opriate state
18 agency may suspend the commer cial motor carrier's authority to operate within this
19 state for a period not to exceed one year .
20 6. Upon a third violation within a five-year period, the commer cial motor
21 carrier's authority to operate within this state may be revok ed.
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22 7. A commer cial motor carrier that has been assessed a fine or proh ibition under
23 this section shall rem ain liable for such fine or pr ohibition rega rdless of any change in
24 business name, structure, ownership, or formation of a new entity . Any successor entity
25 with substantial continuity of ownership, management, officers, dir ectors, or operations
26 with the violating carrier shall be jointly and severally liable for the unpaid fine and
27 subject to the same pr ohibitions and out-of-service requ irem ents. The dir ector of
28 r evenue shall not issue, ren ew , or transfer any commer cial vehicle regist ration,
29 authority , or license to any such successor entity until all fines are paid in full and
30 compliance with this section is achieved. For purposes of this subsection, "commerci al
31 motor carrier" includes any entity using the same or affiliated United States
32 Department of T ransportation number or motor carrier number as the violating carrier .
33 8. Nothing in this section shall be construed to r equir e state or local law
34 enfor cement officers to independently determine immigration status beyond verification
35 of compliance with applicable federal commer cial motor vehicle r egulations.
✔
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