Modifies provisions relating to the Department of Transportation

SECOND REGULAR SESSION
[CORRECTED]
HOUSE COMMITTEE SUBSTITUTE FOR
SENA TE BILL NO. 1020
103RD GENERAL ASSEMBL Y
5535H.04C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 136.055, 144.070, 301.010, 301.020, 301.030, 301.050, 301.055, 301.070,
301.074, 301.1 10, 301.130, 301.132, 301.140, 301.142, 301.147, 301.190, 301.443,
301.550, 301.560, 301.570, 301.600, 302.170, 302.177, 307.350, 307.365, 307.375,
307.380, 407.1338, and 643.315, RSMo, and to enact in lieu thereof twenty-nine new
sections relating to department of revenue fee of fices, with an emer gency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 136.055, 144.070, 301.010, 301.020, 301.030, 301.050, 301.055,
2 301.070, 301.074, 301.1 10, 301.130, 301.132, 301.140, 301.142, 301.147, 301.190, 301.443,
3 301.550, 301.560, 301.570, 301.600, 302.170, 302.177, 307.350, 307.365, 307.375, 307.380,
4 407.1338, and 643.315, RSMo, are repealed and twenty-nine new sections enacted in lieu
5 thereof, to be known as sections 136.055, 144.070, 301.010, 301.020, 301.030, 301.050,
6 301.055, 301.070, 301.074, 301.1 10, 301.130, 301.132, 301.140, 301.142, 301.147, 301.190,
7 301.443, 301.550, 301.560, 301.570, 301.600, 302.170, 302.177, 307.350, 307.365, 307.375,
8 307.380, 407.1338, and 643.315, to read as follows:
136.055. 1. Any person who is selected or appointed by the state director of revenue
2 as provided in subsection 2 of this section to act as an agent of the department of revenue,
3 whose duties shall be the processing of motor vehicle title and registration transactions and
4 the collection of sales and use taxes when required under sections 144.070 and 144.440, and
5 who receives no salary from the department of revenue, shall be authorized to collect from the
6 party requiring such services additional fees as compensation in full and for all services
7 rendered on the following basis:
8 (1) For each motor vehicle registration issued, renewed, or transferred:
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.
9 (a) Nine dollars for annual registration; [ or ]
10 (b) Eighteen dollars for biennial registration; or
11 (c) T wenty-seven dollars for thr ee-year regi stration;
12 (2) For each trailer registration issued, renewed, or transferred:
13 (a) Nine dollars for annual registration;
14 (b) T wenty-seven dollars for three-year registration; or
15 (c) Forty-five dollars for permanent registration;
16 (3) For each application or transfer of title, nine dollars;
17 (4) For each instruction permit, nondriver license, chauf feur's, operator's or driver's
18 license issued for a period of three years or less, nine dollars and eighteen dollars for licenses
19 or instruction permits issued or renewed for a period exceeding three years;
20 (5) For each notice of lien processed, nine dollars;
21 (6) Notary fee or electronic transmission per processing, two dollars.
22 2. The director of revenue shall award fee of fice contracts under this section through
23 a competitive bidding process. The competitive bidding process shall give priority to
24 or ganizations and entities that are exempt from taxation under Section 501(c)(3), 501(c)(6), or
25 501(c)(4), except those civic org anizations that would be considered action or ganizations
26 under 26 C.F .R. Section 1.501 (c)(3)-1(c)(3), of the Internal Revenue Code of 1986, as
27 amended, with special consideration given to those or ganizations and entities that reinvest a
28 minimum of seventy-five percent of the net proceeds to charitable or ganizations in Missouri,
29 and political subdivisions, including but not limited to, municipalities, counties, and fire
30 protection districts. If no competitive bids are recei ved, the dir ector of r evenue shall have
31 the authority to enter into a contract with a political subdivision, service organization,
32 or other rep utable business to become the agent and such entity shall be authorized to
33 carry out the services for the department pursuant to this section. Notwithstanding any
34 provision of law to the contrary , the director of revenue shall not award any fee of fice contract
35 under this section to any entity af filiated in any manner with a current employee of the
36 department of revenue or with a former employee of the department of revenue for the one-
37 year period following the former employee's termination of employment with the department.
38 For purposes of this subsection, "aff iliated in any manner" includes owning the entity or
39 serving as an of ficer or board member of such entity . Additionally , no person affiliat ed in any
40 manner with an entity awarded a fee of fice contract under this section shall be af filiated in
41 any manner with an entity acting as a motor vehicle title service agent as prescribed in
42 sections 301.1 12 to 301.1 19. The director of the department of revenue may promulgate rules
43 and regulations necessary to carry out the provisions of this subsection. Any rule or portion
44 of a rule, as that term is defined in section 536.010, that is created under the authority
45 delegated in this subsection shall become ef fective only if it complies with and is subject to
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46 all of the provisions of chapter 536 and, if applicable, section 536.028. This section and
47 chapter 536 are nonseverable and if any of the powers vested with the general assembly
48 pursuant to chapter 536 to review , to delay the ef fective date, or to disapprove and annul a
49 rule are subsequently held unconstitutional, then the grant of rulemaking authority and any
50 rule proposed or adopted after August 28, 2009, shall be invalid and void.
51 3. Notwithstanding any other provision of law to the contrary , the director of revenue
52 shall have the authority to enter into a contract amendment or renewal, for any contract for a
53 fee of fice awarded through the competitive bidding process after September 1, 2009, to
54 extend such contract for up to a five-year period to begin after the expiration date of such
55 contract. The director of revenue shall evaluate performance under the contract when
56 deciding whether to enter into contract amendments or renewals authorized in this subsection.
57 Nothing shall obligate the director to of fer such extension or renewal. A competitively
58 awarded contract may only be extended once pursuant to this subsection.
59 4. All fees authorized under this section collected by a contract fee of fice may be
60 retained and used by the entity operating the contract fee office, and all fees authorized under
61 this section collected by a fee office operated by the department of revenue shall be
62 considered state revenue.
63 5. All fees char ged shall not exceed those in this section. The fees authorized under
64 this section shall be collected by all contract fee of fices and shall be collected by all full-time
65 or temporary of fices operated by the department of revenue.
66 6. Any person acting as agent of the department of revenue for the sale and issuance
67 of registrations, licenses, and other documents related to motor vehicles shall have an
68 insurable interest in all license plates, licenses, tabs, forms and other documents held on
69 behalf of the department.
70 7. The fees authorized by this section shall not be collected by motor vehicle dealers
71 acting as agents of the department of revenue under section 32.095 or those motor vehicle
72 dealers authorized to collect and remit sales tax under subsection 10 of section 144.070.
73 8. Notwithstanding any other provision of law to the contrary , the state auditor may
74 audit all records maintained and established by the fee of fice in the same manner as the
75 auditor may audit any agency of the state, and the department shall ensure that this audit
76 requirement is a necessary condition for the award of all fee of fice contracts. No confidential
77 records shall be divulged in such a way to reveal personally identifiable information.
144.070. 1. At the time the owner of any new or used motor vehicle, trailer , boat, or
2 outboard motor which was acquired in a transaction subject to sales tax under the Missouri
3 sales tax law makes application to the director of revenue for an of ficial certificate of title and
4 the registration of the motor vehicle, trailer , boat, or outboard motor as otherwise provided by
5 law , the owner shall present to the director of revenue evidence satisfactory to the director of
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6 revenue showing the purchase price exclusive of any char ge incident to the extension of credit
7 paid by or char ged to the applicant in the acquisition of the motor vehicle, trailer , boat, or
8 outboard motor , or that no sales tax was incurred in its acquisition, and if sales tax was
9 incurred in its acquisition, the applicant shall pay or cause to be paid to the director of revenue
10 the sales tax provided by the Missouri sales tax law in addition to the registration fees now or
11 hereafter required according to law , and the director of revenue shall not issue a certificate of
12 title for any new or used motor vehicle, trailer , boat, or outboard motor subject to sales tax as
13 provided in the Missouri sales tax law until the tax levied for the sale of the same under
14 sections 144.010 to 144.510 has been paid as provided in this section or is registered under
15 the provisions of subsection 5 of this section.
16 2. As used in subsection 1 of this section, the term "purchase price" shall mean the
17 total amount of the contract price agreed upon between the seller and the applicant in the
18 acquisition of the motor vehicle, trailer , boat, or outboard motor , regardless of the medium of
19 payment therefor .
20 3. In the event that the purchase price is unknown or undisclosed, or that the evidence
21 thereof is not satisfactory to the director of revenue, the same shall be fixed by appraisement
22 by the director .
23 4. The director of the department of revenue shall endorse upon the of ficial certificate
24 of title issued by the director upon such application an entry showing that such sales tax has
25 been paid or that the motor vehicle, trailer , boat, or outboard motor represented by such
26 certificate is exempt from sales tax and state the ground for such exemption.
27 5. Any person, company , or corporation engaged in the business of renting or leasing
28 motor vehicles, trailers, boats, or outboard motors, which are to be used exclusively for rental
29 or lease purposes, and not for resale, may apply to the director of revenue for authority to
30 operate as a leasing or rental company and pay an annual fee of two hundred fifty dollars for
31 such authority . Any company approved by the director of revenue may pay the tax due on
32 any motor vehicle, trailer , boat, or outboard motor as required in section 144.020 at the time
33 of registration thereof or in lieu thereof may pay a sales tax as provided in sections 144.010,
34 144.020, 144.070 and 144.440. A sales tax shall be char ged to and paid by a leasing company
35 which does not exercise the option of paying in accordance with section 144.020, on the
36 amount char ged for each rental or lease agreement while the motor vehicle, trailer , boat, or
37 outboard motor is domiciled in this state. Any motor vehicle, trailer , boat, or outboard motor
38 which is leased as the result of a contract executed in this state shall be presumed to be
39 domiciled in this state.
40 6. Every applicant to be a registered fleet owner as described in subsections 6 to 10 of
41 section 301.032 shall furnish with the application to operate as a registered fleet owner a
42 corporate surety bond or irrevocable letter of credit, as defined in section 400.5-102, issued
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43 by any state or federal financial institution in the penal sum of one hundred thousand dollars,
44 on a form approved by the department. The bond or irrevocable letter of credit shall be
45 conditioned upon the registered fleet owner complying with the provisions of any statutes
46 applicable to registered fleet owners, and the bond shall be an indemnity for any loss
47 sustained by reason of the acts of the person bonded when such acts constitute grounds for the
48 suspension or revocation of the registered fleet owner license. The bond shall be executed in
49 the name of the state of Missouri for the benefit of all aggrieved parties or the irrevocable
50 letter of credit shall name the state of Missouri as the beneficiary; except that, the aggregate
51 liability of the surety or financial institution to the aggrieved parties shall, in no event, exceed
52 the amount of the bond or irrevocable letter of credit. The proceeds of the bond or irrevocable
53 letter of credit shall be paid upon receipt by the department of a final judgment from a
54 Missouri court of competent jurisdiction against the principal and in favor of an aggrieved
55 party .
56 7. Any corporation may have one or more of its divisions separately apply to the
57 director of revenue for authorization to operate as a leasing company , provided that the
58 corporation:
59 (1) Has filed a written consent with the director authorizing any of its divisions to
60 apply for such authority;
61 (2) Is authorized to do business in Missouri;
62 (3) Has agreed to treat any sale of a motor vehicle, trailer , boat, or outboard motor
63 from one of its divisions to another of its divisions as a sale at retail;
64 (4) Has registered under the fictitious name provisions of sections 417.200 to 417.230
65 each of its divisions doing business in Missouri as a leasing company; and
66 (5) Operates each of its divisions on a basis separate from each of its other divisions.
67 However , when the transfer of a motor vehicle, trailer , boat or outboard motor occurs within a
68 corporation which holds a license to operate as a motor vehicle or boat dealer pursuant to
69 sections 301.550 to 301.573 the provisions in subdivision (3) of this subsection shall not
70 apply .
71 8. If the owner of any motor vehicle, trailer , boat, or outboard motor desires to char ge
72 and collect sales tax as provided in this section, the owner shall make application to the
73 director of revenue for a permit to operate as a motor vehicle, trailer , boat, or outboard motor
74 leasing company . The director of revenue shall promulgate rules and regulations determining
75 the qualifications of such a company , and the method of collection and reporting of sales tax
76 char ged and collected. Such regulations shall apply only to owners of motor vehicles, trailers,
77 boats, or outboard motors, electing to qualify as motor vehicle, trailer , boat, or outboard
78 motor leasing companies under the provisions of subsection 5 of this section, and no motor
79 vehicle renting or leasing, trailer renting or leasing, or boat or outboard motor renting or
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80 leasing company can come under sections 144.010, 144.020, 144.070 and 144.440 unless all
81 motor vehicles, trailers, boats, and outboard motors held for renting and leasing are included.
82 9. Any person, company , or corporation engaged in the business of renting or leasing
83 three thousand five hundred or more motor vehicles which are to be used exclusively for
84 rental or leasing purposes and not for resale, and that has applied to the director of revenue for
85 authority to operate as a leasing company may also operate as a registered fleet owner as
86 prescribed in section 301.032.
87 10. (1) Beginning July 1, 2010, any motor vehicle dealer licensed under section
88 301.560 engaged in the business of selling motor vehicles or trailers shall apply to the director
89 of revenue for authority to collect and remit the sales tax required under this section on all
90 motor vehicles sold by the motor vehicle dealer . A motor vehicle dealer receiving authority
91 to collect and remit the tax is subject to all provisions under sections 144.010 to 144.525.
92 Any motor vehicle dealer authorized to collect and remit sales taxes on motor vehicles under
93 this subsection shall be entitled to deduct and retain an amount equal to two percent of the
94 motor vehicle sales tax pursuant to section 144.140. Any amount of the tax collected under
95 this subsection that is retained by a motor vehicle dealer pursuant to section 144.140 shall not
96 constitute state revenue. In no event shall revenues from the general revenue fund or any
97 other state fund be utilized to compensate motor vehicle dealers for their role in collecting and
98 remitting sales taxes on motor vehicles. In the event this subsection or any portion thereof is
99 held to violate Article IV , Section 30(b) of the Missouri Constitution, no motor vehicle dealer
100 shall be authorized to collect and remit sales taxes on motor vehicles under this section. No
101 motor vehicle dealer shall seek compensation from the state of Missouri or its agencies if a
102 court of competent jurisdiction declares that the retention of two percent of the motor vehicle
103 sales tax is unconstitutional and orders the return of such revenues.
104 (2) Notwithstanding any pr ovision of law to the contrary , when a motor vehicle,
105 trailer , boat, or other titled personal pro perty is sold by a licensed Missouri dealer to a
106 pur chaser who is not a re sident of this state, and the vehicle is deliver ed to or picked up
107 at the dealer's Missouri location, the dealer shall collect and rem it Missouri state tax
108 according to law . The pr ovisions of this subdivision shall apply rega rdless of whether
109 the pur chaser intends to title or regist er the vehicle in another state. The dealer shall
110 not be requ ired to determine the tax rate of the pur chaser's state of res idence.
111 1 1. (1) Every motor vehicle dealer licensed under section 301.560, as soon as
112 technologically possible following the development and maintenance of a modernized,
113 integrated system for the titling of vehicles, issuance and renewal of vehicle registrations,
114 issuance and renewal of [ driver's ] driver licenses and identification cards, and perfection and
115 release of liens and encumbrances on vehicles, to be funded by the motor vehicle
116 administration technology fund as created in section 301.558, shall collect and remit the sales
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117 tax required under this section on all motor vehicles , boats, and outboard motors that such
118 dealer sells as dir ected by the director of re venue . In collecting and remitting this sales tax,
119 motor vehicle dealers shall be subject to all applicable provisions under sections 144.010 to
120 144.527.
121 (2) The director of revenue may promulgate all necessary rules and regulations for the
122 administration of this subsection. Any rule or portion of a rule, as that term is defined in
123 section 536.010, that is created under the authority delegated in this subsection shall become
124 ef fective only if it complies with and is subject to all of the provisions of chapter 536 and, if
125 applicable, section 536.028. This subsection and chapter 536 are nonseverable and if any of
126 the powers vested with the general assembly pursuant to chapter 536 to review , to delay the
127 ef fective date, or to disapprove and annul a rule are subsequently held unconstitutional, then
128 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023,
129 shall be invalid and void.
301.010. As used in this chapter and sections 304.010 to 304.040, 304.120 to
2 304.260, and sections 307.010 to 307.175, the following terms mean:
3 (1) "All-terrain vehicle", any motorized vehicle manufactured and used exclusively
4 for of f-highway use, with an unladen dry weight of one thousand five hundred pounds or less,
5 traveling on three, four or more nonhighway tires, with either:
6 (a) A seat designed to be straddled by the operator , and handlebars for steering
7 control, but excluding an electric bicycle; or
8 (b) A width of fifty inches or less, measured from outside of tire rim to outside of tire
9 rim, regardless of seating or steering arrangement;
10 (2) "Autocycle", a three-wheeled motor vehicle which the drivers and passengers ride
11 in a partially or completely enclosed nonstraddle seating area, that is designed to be
12 controlled with a steering wheel and pedals, and that has met applicable Department of
13 T ransportation National Highway T raf fic Safety Administration requirements or federal
14 motorcycle safety standards;
15 (3) "Automobile transporter", any vehicle combination capable of carrying car go on
16 the power unit and designed and used for the transport of assembled motor vehicles, including
17 truck camper units;
18 (4) "Axle load", the total load transmitted to the road by all wheels whose centers are
19 included between two parallel transverse vertical planes forty inches apart, extending across
20 the full width of the vehicle;
21 (5) "Backhaul", the return trip of a vehicle transporting car go or general freight,
22 especially when carrying goods back over all or part of the same route;
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23 (6) "Boat transporter", any vehicle combination capable of carrying car go on the
24 power unit and designed and used specifically to transport assembled boats and boat hulls.
25 Boats may be partially disassembled to facilitate transporting;
26 (7) "Body shop", a business that repairs physical damage on motor vehicles that are
27 not owned by the shop or its of ficers or employees by mending, straightening, replacing body
28 parts, or painting;
29 (8) "Bus", a motor vehicle primarily for the transportation of a driver and eight or
30 more passengers but not including shuttle buses;
31 (9) "Commercial motor vehicle", a motor vehicle designed or regularly used for
32 carrying freight and merchandise, or more than eight passengers but not including vanpools or
33 shuttle buses;
34 (10) "Cotton trailer", a trailer designed for transporting cotton at speeds less than
35 seventy miles per hour from field to field or from field to market and return;
36 (1 1) "Dealer", any person, firm, corporation, association, agent or subagent engaged
37 in the sale or exchange of new , used or reconstructed motor vehicles or trailers;
38 (12) "Director" or "director of revenue", the director of the department of revenue;
39 (13) "Driveaway operation":
40 (a) The movement of a motor vehicle or trailer by any person or motor carrier other
41 than a dealer over any public highway , under its own power singly , or in a fixed combination
42 of two or more vehicles, for the purpose of delivery for sale or for delivery either before or
43 after sale;
44 (b) The movement of any vehicle or vehicles, not owned by the transporter ,
45 constituting the commodity being transported, by a person engaged in the business of
46 furnishing drivers and operators for the purpose of transporting vehicles in transit from one
47 place to another by the driveaway or towaway methods; or
48 (c) The movement of a motor vehicle by any person who is lawfully engaged in the
49 business of transporting or delivering vehicles that are not the person's own and vehicles of a
50 type otherwise required to be registered, by the driveaway or towaway methods, from a point
51 of manufacture, assembly or distribution or from the owner of the vehicles to a dealer or sales
52 agent of a manufacturer or to any consignee designated by the shipper or consignor;
53 (14) "Dromedary", a box, deck, or plate mounted behind the cab and forward of the
54 fifth wheel on the frame of the power unit of a truck tractor -semitrailer combination. A truck
55 tractor equipped with a dromedary may carry part of a load when operating independently or
56 in a combination with a semitrailer;
57 (15) "Electric bicycle", a bicycle equipped with fully operable pedals, a saddle or seat
58 for the rider , and an electric motor of less than 750 watts that meets the requirements of one of
59 the following three classes:
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60 (a) "Class 1 electric bicycle", an electric bicycle equipped with a motor that provides
61 assistance only when the rider is pedaling and that ceases to provide assistance when the
62 bicycle reaches the speed of twenty miles per hour;
63 (b) "Class 2 electric bicycle", an electric bicycle equipped with a motor that may be
64 used exclusively to propel the bicycle and that is not capable of providing assistance when the
65 bicycle reaches the speed of twenty miles per hour; or
66 (c) "Class 3 electric bicycle", an electric bicycle equipped with a motor that provides
67 assistance only when the rider is pedaling and that ceases to provide assistance when the
68 bicycle reaches the speed of twenty-eight miles per hour;
69 (16) "Farm tractor", a tractor used exclusively for agricultural purposes;
70 (17) "Fleet", any group of ten or more motor vehicles owned by the same owner;
71 (18) "Fleet vehicle", a motor vehicle which is included as part of a fleet;
72 (19) "Fullmount", a vehicle mounted completely on the frame of either the first or last
73 vehicle in a saddlemount combination;
74 (20) "Gross weight", the weight of vehicle and/or vehicle combination without load,
75 plus the weight of any load thereon;
76 (21) "Hail-damaged vehicle", any vehicle, the body of which has become dented as
77 the result of the impact of hail;
78 (22) "Highway", any public thoroughfare for vehicles, including state roads, county
79 roads and public streets, avenues, boulevards, parkways or alleys in any municipality;
80 (23) "Improved highway", a highway which has been paved with gravel, macadam,
81 concrete, brick or asphalt, or surfaced in such a manner that it shall have a hard, smooth
82 surface;
83 (24) "Intersecting highway", any highway which joins another , whether or not it
84 crosses the same;
85 (25) "Junk vehicle", a vehicle which:
86 (a) Is incapable of operation or use upon the highways and has no resale value except
87 as a source of parts or scrap; or
88 (b) Has been designated as junk or a substantially equivalent designation by this state
89 or any other state;
90 (26) "Kit vehicle", a motor vehicle assembled by a person other than a generally
91 recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from
92 an authorized manufacturer and accompanied by a manufacturer's statement of origin;
93 (27) "Land improvement contractors' commercial motor vehicle", any not-for -hire
94 commercial motor vehicle the operation of which is confined to:
95 (a) An area that extends not more than a radius of one hundred fifty miles from its
96 home base of operations when transporting its owner's machinery , equipment, or auxiliary
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97 supplies to or from projects involving soil and water conservation, or to and from equipment
98 dealers' maintenance facilities for maintenance purposes; or
99 (b) An area that extends not more than a radius of fifty miles from its home base of
100 operations when transporting its owner's machinery , equipment, or auxiliary supplies to or
101 from projects not involving soil and water conservation.
102
103 Nothing in this subdivision shall be construed to prevent any motor vehicle from being
104 registered as a commercial motor vehicle or local commercial motor vehicle;
105 (28) "Local commercial motor vehicle", a commercial motor vehicle whose
106 operations are confined to a municipality and that area extending not more than fifty miles
107 therefrom, or a commercial motor vehicle whose property-carrying operations are confined
108 solely to the transportation of property owned by any person who is the owner or operator of
109 such vehicle to or from a farm owned by such person or under the person's control by virtue
110 of a landlord and tenant lease; provided that any such property transported to any such farm is
111 for use in the operation of such farm;
112 (29) "Local log truck", a commercial motor vehicle which is registered pursuant to
113 this chapter to operate as a motor vehicle on the public highways of this state; used
114 exclusively in this state; used to transport harvested forest products; operated solely at a
115 forested site and in an area extending not more than a one hundred fifty mile radius from such
116 site; and when operated on the national system of interstate and defense highways described
117 in 23 U.S.C. Section 103, as amended, or outside the one hundred fifty mile radius from such
118 site with an extended distance local log truck permit, does not have more than four axles, and
119 does not pull a trailer which has more than three axles. Harvesting equipment which is used
120 specifically for cutting, felling, trimming, delimbing, debarking, chipping, skidding, loading,
121 unloading, and stacking may be transported on a local log truck;
122 (30) "Local log truck tractor", a commercial motor vehicle which is registered under
123 this chapter to operate as a motor vehicle on the public highways of this state; used
124 exclusively in this state; used to transport harvested forest products, operated at a forested site
125 and in an area extending not more than a one hundred fifty mile radius from such site; and
126 when operated on the national system of interstate and defense highways described in 23
127 U.S.C. Section 103, as amended, or outside the one hundred fifty mile radius from such site
128 with an extended distance local log truck permit, does not have more than three axles and
129 does not pull a trailer which has more than three axles;
130 (31) "Local transit bus", a bus whose operations are confined wholly within a
131 municipal corporation, or wholly within a municipal corporation and a commercial zone, as
132 defined in section 390.020, adjacent thereto, forming a part of a public transportation system
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133 within such municipal corporation and such municipal corporation and adjacent commercial
134 zone;
135 (32) "Log truck", a vehicle which is not a local log truck or local log truck tractor and
136 is used exclusively to transport harvested forest products to and from forested sites which is
137 registered pursuant to this chapter to operate as a motor vehicle on the public highways of this
138 state for the transportation of harvested forest products;
139 (33) "Major component parts", the rear clip, cowl, frame, body , cab, front-end
140 assembly , and front clip, as those terms are defined by the director of revenue pursuant to
141 rules and regulations or by illustrations;
142 (34) "Manufacturer", any person, firm, corporation or association engaged in the
143 business of manufacturing or assembling motor vehicles, trailers or vessels for sale;
144 (35) "Motor change vehicle", a vehicle manufactured prior to August, 1957, which
145 receives a new , rebuilt or used engine, and which used the number stamped on the original
146 engine as the vehicle identification number;
147 (36) "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks,
148 except farm tractors and electric bicycles;
149 (37) "Motor vehicle primarily for business use", any vehicle other than a recreational
150 motor vehicle, motorcycle, motortricycle, or any commercial motor vehicle licensed for over
151 twelve thousand pounds:
152 (a) Of fered for hire or lease; or
153 (b) The owner of which also owns ten or more such motor vehicles;
154 (38) "Motorcycle", a motor vehicle operated on two wheels;
155 (39) "Motorized bicycle", any two-wheeled or three-wheeled device having an
156 automatic transmission and a motor with a cylinder capacity of not more than fifty cubic
157 centimeters, which produces less than three gross brake horsepower , and is capable of
158 propelling the device at a maximum speed of not more than thirty miles per hour on level
159 ground, but excluding an electric bicycle;
160 (40) "Motortricycle", a motor vehicle upon which the operator straddles or sits astride
161 that is designed to be controlled by handle bars and is operated on three wheels, including a
162 motorcycle while operated with any conveyance, temporary or otherwise, requiring the use of
163 a third wheel, but excluding an electric bicycle. A motortricycle shall not be included in the
164 definition of all-terrain vehicle;
165 (41) "Municipality", any city , town or village, whether incorporated or not;
166 (42) "Nonresident", a resident of a state or country other than the state of Missouri;
167 (43) "Non-USA-std motor vehicle", a motor vehicle not originally manufactured in
168 compliance with United States emissions or safety standards;
169 (44) "Operator", any person who operates or drives a motor vehicle;
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170 (45) "Owner", any person, firm, corporation or association, who holds the legal title
171 to a vehicle or who has executed a buyer's order or retail installment sales contract with a
172 motor vehicle dealer licensed under sections 301.550 to 301.580 for the purchase of a vehicle
173 with an immediate right of possession vested in the transferee, or in the event a vehicle is the
174 subject of an agreement for the conditional sale or lease thereof with the right of purchase
175 upon performance of the conditions stated in the agreement and with an immediate right of
176 possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle
177 is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed
178 the owner;
179 (46) "Public garage", a place of business where motor vehicles are housed, stored,
180 repaired, reconstructed or repainted for persons other than the owners or operators of such
181 place of business;
182 (47) "Rebuilder", a business that repairs or rebuilds motor vehicles owned by the
183 rebuilder , but does not include certificated common or contract carriers of persons or
184 property;
185 (48) "Reconstructed motor vehicle", a vehicle that is altered from its original
186 construction by the addition or substitution of two or more new or used major component
187 parts, excluding motor vehicles made from all new parts, and new multistage manufactured
188 vehicles;
189 (49) "Recreational motor vehicle", any motor vehicle designed, constructed or
190 substantially modified so that it may be used and is used for the purposes of temporary
191 housing quarters, including therein sleeping and eating facilities which are either permanently
192 attached to the motor vehicle or attached to a unit which is securely attached to the motor
193 vehicle. Nothing herein shall prevent any motor vehicle from being registered as a
194 commercial motor vehicle if the motor vehicle could otherwise be so registered;
195 (50) "Recreational of f-highway vehicle", any motorized vehicle manufactured and
196 used exclusively for of f-highway use which is more than fifty inches but no more than eighty
197 inches in width, measured from outside of tire rim to outside of tire rim, with an unladen dry
198 weight of three thousand five hundred pounds or less, traveling on four or more nonhighway
199 tires and which may have access to A TV trails;
200 (51) "Recreational trailer", any trailer designed, constructed, or substantially modified
201 so that it may be used and is used for the purpose of temporary housing quarters, including
202 therein sleeping or eating facilities, which can be temporarily attached to a motor vehicle or
203 attached to a unit which is securely attached to a motor vehicle;
204 (52) "Rollback or car carrier", any vehicle specifically designed to transport wrecked,
205 disabled or otherwise inoperable vehicles, when the transportation is directly connected to a
206 wrecker or towing service;
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207 (53) "Saddlemount combination", a combination of vehicles in which a truck or truck
208 tractor tows one or more trucks or truck tractors, each connected by a saddle to the frame or
209 fifth wheel of the vehicle in front of it. The "saddle" is a mechanism that connects the front
210 axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like
211 a fifth wheel kingpin connection. When two vehicles are towed in this manner the
212 combination is called a "double saddlemount combination". When three vehicles are towed
213 in this manner , the combination is called a "triple saddlemount combination";
214 (54) "Salvage dealer and dismantler", a business that dismantles used motor vehicles
215 for the sale of the parts thereof, and buys and sells used motor vehicle parts and accessories;
216 (55) "Salvage vehicle", a motor vehicle, semitrailer , or house trailer which:
217 (a) W as damaged during a year that is no more than six years after the manufacturer's
218 model year designation for such vehicle to the extent that the total cost of repairs to rebuild or
219 reconstruct the vehicle to its condition immediately before it was damaged for legal operation
220 on the roads or highways exceeds eighty percent of the fair market value of the vehicle
221 immediately preceding the time it was damaged;
222 (b) By reason of condition or circumstance, has been declared salvage, either by its
223 owner , or by a person, firm, corporation, or other legal entity exercising the right of security
224 interest in it;
225 (c) Has been declared salvage by an insurance company as a result of settlement of a
226 claim;
227 (d) Ownership of which is evidenced by a salvage title; or
228 (e) Is abandoned property which is titled pursuant to section 304.155 or section
229 304.157 and designated with the words "salvage/abandoned property". The total cost of
230 repairs to rebuild or reconstruct the vehicle shall not include the cost of repairing, replacing,
231 or reinstalling inflatable safety restraints, tires, sound systems, or damage as a result of hail,
232 or any sales tax on parts or materials to rebuild or reconstruct the vehicle. For purposes of
233 this definition, "fair market value" means the retail value of a motor vehicle as:
234 a. Set forth in a current edition of any nationally recognized compilation of retail
235 values, including automated databases, or from publications commonly used by the
236 automotive and insurance industries to establish the values of motor vehicles;
237 b. Determined pursuant to a market survey of comparable vehicles with regard to
238 condition and equipment; and
239 c. Determined by an insurance company using any other procedure recognized by the
240 insurance industry , including market surveys, that is applied by the company in a uniform
241 manner;
242 (56) "School bus", any motor vehicle used solely to transport students to or from
243 school or to transport students to or from any place for educational purposes;
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244 (57) "Scrap processor", a business that, through the use of fixed or mobile equipment,
245 flattens, crushes, or otherwise accepts motor vehicles and vehicle parts for processing or
246 transportation to a shredder or scrap metal operator for recycling;
247 (58) "Shuttle bus", a motor vehicle used or maintained by any person, firm, or
248 corporation as an incidental service to transport patrons or customers of the regular business
249 of such person, firm, or corporation to and from the place of business of the person, firm, or
250 corporation providing the service at no fee or char ge. Shuttle buses shall not be registered as
251 buses or as commercial motor vehicles;
252 (59) "Special mobile equipment", every self-propelled vehicle not designed or used
253 primarily for the transportation of persons or property and incidentally operated or moved
254 over the highways, including farm equipment, implements of husbandry , road construction or
255 maintenance machinery , ditch-digging apparatus, stone crushers, air compressors, power
256 shovels, cranes, graders, rollers, well-drillers and wood-sawing equipment used for hire,
257 asphalt spreaders, bituminous mixers, bucket loaders, ditchers, leveling graders, finished
258 machines, motor graders, road rollers, scarifiers, earth-moving carryalls, scrapers, drag lines,
259 concrete pump trucks, rock-drilling and earth-moving equipment. This enumeration shall be
260 deemed partial and shall not operate to exclude other such vehicles which are within the
261 general terms of this section;
262 (60) "Specially constructed motor vehicle", a motor vehicle which shall not have been
263 originally constructed under a distinctive name, make, model or type by a manufacturer of
264 motor vehicles. The term specially constructed motor vehicle includes kit vehicles;
265 (61) "Stinger -steered combination", a truck tractor -semitrailer wherein the fifth wheel
266 is located on a drop frame located behind and below the rearmost axle of the power unit;
267 (62) "T andem axle", a group of two or more axles, arranged one behind another , the
268 distance between the extremes of which is more than forty inches and not more than ninety-
269 six inches apart;
270 (63) "T owaway trailer transporter combination", a combination of vehicles consisting
271 of a trailer transporter towing unit and two trailers or semitrailers, with a total weight that
272 does not exceed twenty-six thousand pounds; and in which the trailers or semitrailers carry no
273 property and constitute inventory property of a manufacturer , distributer , or dealer of such
274 trailers or semitrailers;
275 (64) "T ractor", "truck tractor" or "truck-tractor", a self-propelled motor vehicle
276 designed for drawing other vehicles, but not for the carriage of any load when operating
277 independently . When attached to a semitrailer , it supports a part of the weight thereof;
278 (65) "T railer", any vehicle without motive power designed for carrying property or
279 passengers on its own structure and for being drawn by a self-propelled vehicle, except those
280 running exclusively on tracks, including a semitrailer or vehicle of the trailer type so designed
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281 and used in conjunction with a self-propelled vehicle that a considerable part of its own
282 weight rests upon and is carried by the towing vehicle. The term trailer shall not include
283 cotton trailers as defined in this section and shall not include manufactured homes as defined
284 in section 700.010;
285 (66) "T railer transporter towing unit", a power unit that is not used to carry property
286 when operating in a towaway trailer transporter combination;
287 (67) "T ruck", a motor vehicle designed, used, or maintained for the transportation of
288 property;
289 (68) "T ruck-tractor semitrailer -semitrailer", a combination vehicle in which the two
290 trailing units are connected with a B-train assembly which is a rigid frame extension attached
291 to the rear frame of a first semitrailer which allows for a fifth-wheel connection point for the
292 second semitrailer and has one less articulation point than the conventional A-dolly connected
293 truck-tractor semitrailer -trailer combination;
294 (69) "T ruck-trailer boat transporter combination", a boat transporter combination
295 consisting of a straight truck towing a trailer using typically a ball and socket connection with
296 the trailer axle located substantially at the trailer center of gravity rather than the rear of the
297 trailer but so as to maintain a downward force on the trailer tongue;
298 (70) "Used parts dealer", a business that buys and sells used motor vehicle parts or
299 accessories, but not including a business that sells only new , remanufactured or rebuilt parts.
300 Business does not include isolated sales at a swap meet of less than three days;
301 (71) "Utility vehicle", any motorized vehicle manufactured and used exclusively for
302 of f-highway use which is more than fifty inches but no more than eighty inches in width,
303 measured from outside of tire rim to outside of tire rim, with an unladen dry weight of three
304 thousand five hundred pounds or less, traveling on four or six wheels, to be used primarily for
305 landscaping, lawn care, or maintenance purposes;
306 (72) "V anpool", any van or other motor vehicle used or maintained by any person,
307 group, firm, corporation, association, city , county or state agency , or any member thereof, for
308 the transportation of not less than eight nor more than forty-eight employees, per motor
309 vehicle, to and from their place of employment; however , a vanpool shall not be included in
310 the definition of the term bus or commercial motor vehicle as defined in this section, nor shall
311 a vanpool driver be deemed a chauf feur as that term is defined by section 303.020; nor shall
312 use of a vanpool vehicle for ride-sharing arrangements, recreational, personal, or maintenance
313 uses constitute an unlicensed use of the motor vehicle, unless used for monetary profit other
314 than for use in a ride-sharing arrangement;
315 (73) "V ehicle", any mechanical device on wheels, designed primarily for use, or used,
316 on highways, except motorized bicycles, electric bicycles, vehicles propelled or drawn by
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317 horses or human power , or vehicles used exclusively on fixed rails or tracks, or cotton trailers
318 or motorized wheelchairs operated by handicapped persons;
319 (74) "W ater -damaged vehicle", any vehicle that has been submerged in water to
320 the point that rising water has r eached over the door sill and has enter ed the passenger
321 or trunk compartment. The department of rev enue shall issue the owner of a water -
322 damaged vehicle a certificate of ownership designated with the words "water -damaged"
323 in addition to "salvage" or "prior salvage";
324 (75) "W recker" or "tow truck", any emer gency commercial vehicle equipped,
325 designed and used to assist or render aid and transport or tow disabled or wrecked vehicles
326 from a highway , road, street or highway rights-of-way to a point of storage or repair ,
327 including towing a replacement vehicle to replace a disabled or wrecked vehicle;
328 [ (75) ] (76) "W recker or towing service", the act of transporting, towing or recovering
329 with a wrecker , tow truck, rollback or car carrier any vehicle not owned by the operator of the
330 wrecker , tow truck, rollback or car carrier for which the operator directly or indirectly
331 receives compensation or other personal gain.
301.020. 1. Every owner of a motor vehicle or trailer , which shall be operated or
2 driven upon the highways of this state, except as herein otherwise expressly provided, shall
3 annually file, by mail or otherwise, in the of fice of the director of revenue, an application for
4 registration on a blank to be furnished by the director of revenue for that purpose containing:
5 (1) A brief description of the motor vehicle or trailer to be registered, including the
6 name of the manufacturer , the vehicle identification number , [ the amount of motive power of
7 the motor vehicle, stated in figures of horsepower ] and whether the motor vehicle is to be
8 registered as a motor vehicle primarily for business use as defined in section 301.010;
9 (2) The [ name, the ] applicant's full legal name as it appears on the applicant's
10 driver license, nondriver license, or permit. If the applicant does not have a Missouri
11 driver license, nondriver license, or permit, the full legal name shall be as it appears on a
12 government-issued identification document, birth certificate, or as legally changed
13 thr ough marriage or court order . Name changes by common usage based on common
14 law shall not be permitted. Applicants that are businesses shall be the same name as
15 r egister ed to do business thr ough the Missouri secr etary of state's office. The
16 application shall also include the vehicle's identification number and address of the owner
17 of such motor vehicle or trailer , as well as the addr ess of the owner of such boat or
18 outboard motor as pr escribed in chapter 306 ;
19 (3) The gross weight of the vehicle and the desired load in pounds if the vehicle is a
20 commercial motor vehicle or trailer .
21 2. If the vehicle is a motor vehicle primarily for business use as defined in section
22 301.010 and if such vehicle is ten years of age or less and has less than one hundred fifty
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23 thousand miles on the odometer , the director of revenue shall retain the odometer information
24 provided in the vehicle inspection report, and provide for prompt access to such information,
25 together with the vehicle identification number for the motor vehicle to which such
26 information pertains, for a period of ten years after the receipt of such information. This
27 section shall not apply unless:
28 (1) The application for the vehicle's certificate of ownership was submitted after July
29 1, 1989; and
30 (2) The certificate was issued pursuant to a manufacturer's statement of origin.
31 3. If the vehicle is any motor vehicle other than a motor vehicle primarily for business
32 use, a recreational motor vehicle, motorcycle, motortricycle, autocycle, bus, or any
33 commercial motor vehicle licensed for over twelve thousand pounds and if such motor
34 vehicle is ten years of age or less and has less than one hundred fifty thousand miles on the
35 odometer , the director of revenue shall retain the odometer information provided [ in the
36 vehicle inspection report ] by the owner of the vehicle , and provide for prompt access to such
37 information, together with the vehicle identification number for the motor vehicle to which
38 such information pertains, for a period of ten years after the receipt of such information. This
39 subsection shall not apply unless:
40 (1) The application for the vehicle's certificate of ownership was submitted after July
41 1, 1990; and
42 (2) The certificate was issued pursuant to a manufacturer's statement of origin.
43 4. If the vehicle qualifies as a reconstructed motor vehicle, motor change vehicle,
44 specially constructed motor vehicle, non-USA-std motor vehicle, as defined in section
45 301.010, or prior salvage as referenced in section 301.573, the owner or lienholder shall
46 surrender the certificate of ownership. The owner shall make an application for a new
47 certificate of ownership, pay the required title fee, and obtain the vehicle examination
48 certificate required pursuant to subsection 9 of section 301.190. If an insurance company
49 pays a claim on a salvage vehicle as defined in section 301.010 and the owner retains the
50 vehicle, as prior salvage, the vehicle shall only be required to meet the examination
51 requirements under subsection 10 of section 301.190. Notarized bills of sale along with a
52 copy of the front and back of the certificate of ownership for all major component parts
53 installed on the vehicle and invoices for all essential parts which are not defined as major
54 component parts shall accompany the application for a new certificate of ownership. If the
55 vehicle is a specially constructed motor vehicle, as defined in section 301.010, two pictures of
56 the vehicle shall be submitted with the application. If the vehicle is a kit vehicle, the
57 applicant shall submit the invoice and the manufacturer's statement of origin on the kit. If the
58 vehicle requires the issuance of a special number by the director of revenue or a replacement
59 vehicle identification number , the applicant shall submit the required application and
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60 application fee. All applications required under this subsection shall be submitted with any
61 applicable taxes which may be due on the purchase of the vehicle or parts. The director of
62 revenue shall appropriately designate "Reconstructed Motor V ehicle", "Motor Change
63 V ehicle", "Non-USA-Std Motor V ehicle", or "Specially Constructed Motor V ehicle" on the
64 current and all subsequent issues of the certificate of ownership of such vehicle.
65 5. Every insurance company that pays a claim for repair of a motor vehicle which as
66 the result of such repairs becomes a reconstructed motor vehicle as defined in section 301.010
67 or that pays a claim on a salvage vehicle as defined in section 301.010 and the owner is
68 retaining the vehicle shall in writing notify the owner of the vehicle, and in a first party claim,
69 the lienholder if a lien is in ef fect, that he is required to surrender the certificate of ownership,
70 and the documents and fees required pursuant to subsection 4 of this section to obtain a prior
71 salvage motor vehicle certificate of ownership or documents and fees as otherwise required
72 by law to obtain a salvage certificate of ownership, from the director of revenue. The
73 insurance company shall within thirty days of the payment of such claims report to the
74 director of revenue the full legal name and address of such owner , the year , make, model,
75 vehicle identification number , and license plate number of the vehicle, and the date of loss
76 and payment.
77 6. Anyone who fails to comply with the requirements of this section shall be guilty of
78 a class B misdemeanor .
79 7. An applicant for registration may make a donation of one dollar to promote a
80 blindness education, screening and treatment program. The director of revenue shall collect
81 the donations and deposit all such donations in the state treasury to the credit of the blindness
82 education, screening and treatment program fund established in section 209.015. Moneys in
83 the blindness education, screening and treatment program fund shall be used solely for the
84 purposes established in section 209.015; except that the department of revenue shall retain no
85 more than one percent for its administrative costs. The donation prescribed in this subsection
86 is voluntary and may be refused by the applicant for registration at the time of issuance or
87 renewal. The director shall inquire of each applicant at the time the applicant presents the
88 completed application to the director whether the applicant is interested in making the one
89 dollar donation prescribed in this subsection.
90 8. An applicant for registration may make a donation of an amount not less than one
91 dollar to promote an org an donor program. The director of revenue shall collect the donations
92 and deposit all such donations in the state treasury to the credit of the or gan donor program
93 fund as established in sections 194.297 to 194.304. Moneys in the or gan donor fund shall be
94 used solely for the purposes established in sections 194.297 to 194.304, except that the
95 department of revenue shall retain no more than one percent for its administrative costs. The
96 donation prescribed in this subsection is voluntary and may be refused by the applicant for
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97 registration at the time of issuance or renewal. The director shall inquire of each applicant at
98 the time the applicant presents the completed application to the director whether the applicant
99 is interested in making a contribution not less than one dollar as prescribed in this subsection.
100 9. An applicant for registration may make a donation of one dollar to the Missouri
101 medal of honor recipients fund. The director of revenue shall collect the donations and
102 deposit all such donations in the state treasury to the credit of the Missouri medal of honor
103 recipients fund as established in section 226.925. Moneys in the medal of honor recipients
104 fund shall be used solely for the purposes established in section 226.925, except that the
105 department of revenue shall retain no more than one percent for its administrative costs. The
106 donation prescribed in this subsection is voluntary and may be refused by the applicant for
107 registration at the time of issuance or renewal. The director shall inquire of each applicant at
108 the time the applicant presents the completed application to the director whether the applicant
109 is interested in making the one dollar donation prescribed in this subsection.
301.030. 1. The director shall provide for the retention of license plates by the
2 owners of motor vehicles, other than commercial motor vehicles, and shall establish a system
3 of registration on a monthly series basis to distribute the work of registering motor vehicles as
4 uniformly as practicable throughout the twelve months of the calendar year . For the purpose
5 of assigning license plate numbers, each type of motor vehicle shall be considered a separate
6 class. [ Commencing July 1, 1949, ] Motor vehicles, other than commercial motor vehicles,
7 shall be registered for a period of twelve consecutive calendar months. [ There are established
8 twelve registration periods, each of which shall start on the first day of each calendar month
9 of the year and shall end on the last date of the twelfth month from the date of beginning. ]
10 Fees for the renewal of noncommercial motor vehicle registrations shall be payable no later
11 than the last day of the month [ that follows the twelfth month ] of the expired registration
12 period. No [ delinquent renewal penalty shall be assessed under section 301.050, and no ]
13 violation shall be issued under section 301.020 for an expired registration[ , prior to the second
14 month that follows the twelfth month of the expired registration period ] during the entire
15 month indicated on the license plate .
16 2. Motor vehicles, other than commercial motor vehicles, operated for the first time
17 upon the public highways of this state, to and including the fifteenth day of any given month,
18 shall be subject to registration and payment of a fee for the twelve-month period commencing
19 the first day of the month of such operation; motor vehicles, other than commercial motor
20 vehicles, operated for the first time on the public highways of this state after the fifteenth day
21 of any given month shall be subject to registration and payment of a fee for the twelve-month
22 period commencing the first day of the next following calendar month.
23 3. All commercial motor vehicles and trailers, except those licensed under section
24 301.035 and those operated under agreements as provided for in sections 301.271 to 301.279,
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25 shall be registered either on a calendar year basis or on a prorated basis as provided in this
26 section. The fees for commercial motor vehicles, trailers, semitrailers, and driveaway
27 vehicles, other than those to be operated under agreements as provided for in sections 301.271
28 to 301.279 shall be payable not later than the last day of February of each year , except when
29 such vehicle is licensed between April first and July first the fee shall be three-fourths the
30 annual fee, when licensed between July first and October first the fee shall be one-half the
31 annual fee and when licensed on or after October first the fee shall be one-fourth the annual
32 fee. Such license plates shall be made with fully reflective material with a common color
33 scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as
34 prescribed by section 301.130. Local commercial motor vehicle license plates may also be so
35 stamped, marked or designed as to indicate they are to be used only on local commercial
36 motor vehicles and, in addition to such stamp, mark or design, the letter "F" shall also be
37 displayed on local commercial motor vehicle license plates issued to motor vehicles used for
38 farm or farming transportation operations as defined in section 301.010 in the manner
39 prescribed by the advisory committee established in section 301.129. In addition, all
40 commercial motor vehicle license plates may be so stamped or marked with a letter , figure or
41 other emblem as to indicate the gross weight for which issued.
42 4. The director shall, upon application, issue registration and license plates for nine
43 thousand pounds gross weight for property-carrying commercial motor vehicles referred to
44 herein, upon payment of the fees prescribed for twelve thousand pounds gross weight as
45 provided in section 301.057.
46 5. Notwithstanding any other provision of law to the contrary , any motorcycle or
47 motortricycle registration issued by the Missouri department of revenue shall expire on June
48 thirtieth.
301.050. 1. All registration fees shall be payable to the director of revenue and shall
2 accompany the application for registration. A penalty fee [ of five dollars ] shall be paid on all
3 delinquent registrations. [ Any motor vehicle on which the annual registration fee falls due
4 prior to September 1, 1984, and which is delinquent shall thereafter be registered by the
5 department of revenue to renew that annual registration at the fee in ef fect when the annual
6 registration was due plus the penalty provided in this section ] The penalty fee shall be
7 twenty-five dollars per month of delinquency , not to exceed a total of two hundr ed
8 dollars .
9 2. Notwithstanding any pr ovision of law to the contrary , all online regi stration
10 r enewal submissions shall have an option to be electr onically forwarded to the local
11 department of revenu e fee office of the applicant's pr efer ence and shall be process ed
12 only by the local fee office so designated. For purposes of this section, "local department
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13 of reve nue fee office" means an entity awarded a fee office contract by the department
14 of revenu e under section 136.055.
301.055. 1. The annual registration fee for a passenger motor [ vehicles ] vehicle
2 plate other than commercial motor vehicles is[ : ]
3 [ Less than 12 horsepower ] [ $18.00 ]
4 [ 12 horsepower and less than 24 horsepower ] [ 21.00 ]
5 [ 24 horsepower and less than 36 horsepower ] [ 24.00 ]
6 [ 36 horsepower and less than 48 horsepower ] [ 33.00 ]
7 [ 48 horsepower and less than 60 horsepower ] [ 39.00 ]
8 [ 60 horsepower and less than 72 horsepower ] [ 45.00 ]
9 [ 72 horsepower and more ] [ 51.00 ]
10 [ Motorcycles ] [ 8.50 ]
11 [ Motortricycles ] [ 10.00 ]
12 [ Autocycles ] [ 10.00 ]
13
14 twenty-five dollars, inclusive of the railr oad cros sing safety fee pr escribed in section
15 389.612.
16 2. The annual reg istration fee for motorcy cles, motortricycles, and autocycles is
17 ten dollars, inclusive of the railr oad cros sing safety fee pr escribed in section 389.612.
18 3. Notwithstanding any other provision of law , the registration of any autocycle
19 registered as a motorcycle or motortricycle prior to August 28, 2018, shall remain in ef fect
20 until the expiration of the registration period for such vehicle at which time the owner shall be
21 required to renew the motor vehicle's registration under the autocycle classification and pay
22 the appropriate registration fee.
301.070. 1. [In determining fees based on the horsepower of vehicles propelled by
2 internal combustion engines, the horsepower shall be computed and recorded upon the
3 following formula established by the National Automobile Chamber of Commerce: Square
4 the bore of the cylinder in inches multiplied by the number of cylinders, divided by two and
5 one-half.
6 2. The horsepower of all motor vehicles propelled by steam may be accepted as rated
7 by the manufacturers thereof, or may be determined in accordance with regulations
8 promulgated by the director .
9 3. The horsepower of all motor vehicles, except commercial motor vehicles,
10 propelled by electric power , shall be rated as being between twelve and twenty-four
11 horsepower .
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12 4. ] Fees of commercial motor vehicles, other than passenger -carrying commercial
13 motor vehicles, shall be based on the gross weight of the vehicle or any combination of
14 vehicles and the maximum load to be carried at any one time during the license period, except
15 the fee for a wrecker , tow truck, rollback or car carrier used in a towing service shall be based
16 on the empty weight of such vehicle fully equipped for the recovery or towing of vehicles.
17 [ 5. ] 2. The decision of the director as to the type of motor vehicles and their
18 classification for the purpose of registration and the computation of fees therefor shall be final
19 and conclusive.
301.074. License plates issued under sections 301.071 to 301.075 shall be valid for
2 the duration of the veteran's disability . Each such applicant issued license plates under these
3 provisions shall annually furnish [ proof of vehicle inspection and ] proof of disability to the
4 director , except that an applicant whose service connected disability qualifying him for
5 special license plates consists in whole or in part of loss of an eye or a limb or an applicant
6 with a one hundred percent permanent disability , as established by a physician's signed
7 statement to that ef fect, need only furnish proof of disability to the director when initially
8 applying for the special license plates and not thereafter , but in such case proof that the
9 veteran is alive shall be required annually . No commercial motor vehicle in excess of twenty-
10 four thousand pounds gross weight may be licensed under the provisions of sections 301.071
11 to 301.075.
301.1 10. 1. Whenever the director shall determine from an increase or decrease in the
2 number of registrations of all types of motor vehicles in any given month that the volume of
3 clerical work of registration of all types of motor vehicles in such month has become so
4 disproportionate to the volume of work in the remaining registration periods as to render the
5 system burdensome or inef ficient, [ he ] the director is authorized and empowered to change
6 the registration period of any number of motor vehicles, other than commercial motor
7 vehicles, as may be necessary to increase or reduce the volume of registration in one or more
8 periods by advancing the renewal date and shortening the registration period of such motor
9 vehicles.
10 2. The shifting of registration periods shall be accomplished by notifying the
11 registrants of the change, and giving them credit for that portion of the registration period not
12 yet elapsed. In such instances the director shall order the registrant to surrender the license
13 plates and registration certificate held by [ him ] the dir ector and shall assign and issue,
14 without cost to the owner , new plates and a registration certificate designating the new
15 registration expiration date.
16 3. Notwithstanding subsection 6 of section 142.869 or any other provi sion of law
17 to the contrary , the dir ector may stagger the collection of alternative fuel decal fees and
18 issuance of alternative fuel decals so that issuance of alternative fuel decals occurs at the
HCS SB 1020 22
19 time of vehicle regist ration and the decal or decals ar e valid for the duration of the
20 vehicle's regi stration period. In lieu of an alternative fuel decal, the dir ector may issue a
21 r eceipt showing payment of the alternative fuel decal fee, which shall be kept with the
22 vehicle and valid in place of an alternative fuel decal displayed in accordance with
23 section 142.869.
301.130. 1. The director of revenue, upon receipt of a proper application for
2 registration, required fees and any other information which may be required by law , shall
3 issue to the applicant a certificate of registration in such manner and form as the director of
4 revenue may prescribe and a set of license plates, or other evidence of registration, as
5 provided by this section. Each set of license plates shall bear the name or abbreviated name
6 of this state, the words "SHOW -ME ST A TE", the month and year in which the registration
7 shall expire, and an arrangement of numbers or letters, or both, as shall be assigned from year
8 to year by the director of revenue. The plates shall also contain fully reflective material with
9 a common color scheme and design for each type of license plate issued pursuant to this
10 chapter . The plates shall be clearly visible at night, and shall be aesthetically attractive.
11 Special plates for qualified disabled veterans will have the "DISABLED VETERAN"
12 wording on the license plates in preference to the words "SHOW -ME ST A TE" and special
13 plates for members of the National Guard will have the "NA TIONAL GUARD" wording in
14 preference to the words "SHOW -ME ST A TE".
15 2. The arrangement of letters and numbers of license plates shall be uniform
16 throughout each classification of registration. The director may provide for the arrangement
17 of the numbers in groups or otherwise, and for other distinguishing marks on the plates.
18 3. All property-carrying commercial motor vehicles to be registered at a gross weight
19 in excess of twelve thousand pounds, all passenger -carrying commercial motor vehicles, local
20 transit buses, school buses, trailers, semitrailers, motorcycles, motortricycles, autocycles,
21 motorscooters, and driveaway vehicles shall be registered with the director of revenue as
22 provided for in subsection 3 of section 301.030, or with the state highways and transportation
23 commission as otherwise provided in this chapter , but only one license plate shall be issued
24 for each such vehicle, except as provided in this subsection. The applicant for registration of
25 any property-carrying commercial vehicle registered at a gross weight in excess of twelve
26 thousand pounds may request and be issued two license plates for such vehicle, and if such
27 plates are issued, the director of revenue shall provide for distinguishing marks on the plates
28 indicating one plate is for the front and the other is for the rear of such vehicle. The director
29 may assess and collect an additional char ge from the applicant in an amount not to exceed the
30 fee prescribed for personalized license plates in subsection 1 of section 301.144.
31 4. The plates issued to manufacturers and dealers shall bear the letters and numbers as
32 prescribed by section 301.560, and the director may place upon the plates other letters or
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33 marks to distinguish commercial motor vehicles and trailers and other types of motor
34 vehicles.
35 5. No motor vehicle or trailer shall be operated on any highway of this state unless it
36 shall have displayed thereon the license plate or set of license plates issued by the director of
37 revenue or the state highways and transportation commission and authorized by section
38 301.140. Each such plate shall be securely fastened to the motor vehicle or trailer in a manner
39 so that all parts thereof shall be plainly visible and reasonably clean so that the reflective
40 qualities thereof are not impaired. Each such plate may be encased in a transparent cover so
41 long as the plate is plainly visible and its reflective qualities are not impaired. License plates
42 shall be fastened to all motor vehicles except trucks, tractors, truck tractors or truck-tractors
43 licensed in excess of twelve thousand pounds on the front and rear of such vehicles not less
44 than eight nor more than forty-eight inches above the ground, with the letters and numbers
45 thereon right side up. The license plates on trailers, motorcycles, motortricycles, autocycles,
46 and motorscooters shall be displayed on the rear of such vehicles either horizontally or
47 vertically , with the letters and numbers plainly visible. The license plate on buses, other than
48 school buses, and on trucks, tractors, truck tractors or truck-tractors licensed in excess of
49 twelve thousand pounds shall be displayed on the front of such vehicles not less than eight
50 nor more than forty-eight inches above the ground, with the letters and numbers thereon right
51 side up or if two plates are issued for the vehicle pursuant to subsection 3 of this section,
52 displayed in the same manner on the front and rear of such vehicles. The license plate or
53 plates authorized by section 301.140, when properly attached, shall be prima facie evidence
54 that the required fees have been paid.
55 6. (1) The director of revenue shall issue annually or biennially a tab or set of tabs as
56 provided by law as evidence of the annual payment of registration fees and the current
57 registration of a vehicle in lieu of the set of plates. Beginning January 1, 2010, the director
58 may prescribe any additional information recorded on the tab or tabs to ensure that the tab or
59 tabs positively correlate with the license plate or plates issued by the department of revenue
60 for such vehicle. Such tabs shall be produced in each license bureau of fice.
61 (2) The vehicle owner to whom a tab or set of tabs is issued shall affix and display
62 such tab or tabs in the designated area of the license plate, no more than one per plate.
63 (3) A tab or set of tabs issued by the director of revenue when attached to a vehicle in
64 the prescribed manner shall be prima facie evidence that the registration fee for such vehicle
65 has been paid.
66 (4) Except as otherwise provided in this section, the director of revenue shall issue
67 plates for a period of at least six years.
68 (5) For those commercial motor vehicles and trailers registered pursuant to section
69 301.041, the plate issued by the highways and transportation commission shall be a
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70 permanent nonexpiring license plate for which no tabs shall be issued. Nothing in this section
71 shall relieve the owner of any vehicle permanently registered pursuant to this section from the
72 obligation to pay the annual registration fee due for the vehicle. The permanent nonexpiring
73 license plate shall be returned to the highways and transportation commission upon the sale or
74 disposal of the vehicle by the owner to whom the permanent nonexpiring license plate is
75 issued, or the plate may be transferred to a replacement commercial motor vehicle when the
76 owner files a supplemental application with the Missouri highways and transportation
77 commission for the registration of such replacement commercial motor vehicle. Upon
78 payment of the annual registration fee, the highways and transportation commission shall
79 issue a certificate of registration or other suitable evidence of payment of the annual fee, and
80 such evidence of payment shall be carried at all times in the vehicle for which it is issued.
81 (6) Upon the sale or disposal of any vehicle permanently registered under this section,
82 or upon the termination of a lease of any such vehicle, the permanent nonexpiring plate issued
83 for such vehicle shall be returned to the highways and transportation commission and shall
84 not be valid for operation of such vehicle, or the plate may be transferred to a replacement
85 vehicle when the owner files a supplemental application with the Missouri highways and
86 transportation commission for the registration of such replacement vehicle. If a vehicle which
87 is permanently registered under this section is sold, wrecked or otherwise disposed of, or the
88 lease terminated, the registrant shall be given credit for any unused portion of the annual
89 registration fee when the vehicle is replaced by the purchase or lease of another vehicle
90 during the registration year .
91 7. Beginning January 1, 2027, the direc tor of revenu e may issue thr ee-year tabs
92 as provi ded by law as evidence of the payment of registra tion fees and the curren t
93 r egistration of a vehicle in lieu of the set of plates to motor vehicle owners electing a
94 thr ee-year reg istration under subsection 2 of section 301.147.
95 8. The director of revenue and the highways and transportation commission may
96 prescribe rules and regulations for the effectiv e administration of this section. No rule or
97 portion of a rule promulgated under the authority of this section shall become ef fective unless
98 it has been promulgated pursuant to the provisions of section 536.024.
99 [ 8. ] 9. Notwithstanding the provisions of any other law to the contrary , owners of
100 motor vehicles other than apportioned motor vehicles or commercial motor vehicles licensed
101 in excess of twenty-four thousand pounds gross weight may apply for special personalized
102 license plates. V ehicles licensed for twenty-four thousand pounds that display special
103 personalized license plates shall be subject to the provisions of subsections 1 and 2 of section
104 301.030. On and after August 28, 2016, owners of motor vehicles, other than apportioned
105 motor vehicles or commercial motor vehicles licensed in excess of twenty-four thousand
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106 pounds gross weight, may apply for any preexisting or hereafter statutorily created special
107 personalized license plates.
108 [ 9. ] 10. No later than January 1, 2019, the director of revenue shall commence the
109 reissuance of new license plates of such design as approved by the advisory committee under
110 section 301.125 consistent with the terms, conditions, and provisions of section 301.125 and
111 this chapter . Except as otherwise provided in this section, in addition to all other fees
112 required by law , applicants for registration of vehicles with license plates that expire during
113 the period of reissuance, applicants for registration of trailers or semitrailers with license
114 plates that expire during the period of reissuance and applicants for registration of vehicles
115 that are to be issued new license plates during the period of reissuance shall pay the cost of
116 the plates required by this subsection. The additional cost prescribed in this subsection shall
117 not be char ged to persons receiving special license plates issued under section 301.073 or
118 301.443. Historic motor vehicle license plates registered pursuant to section 301.131 and
119 specialized license plates are exempt from the provisions of this subsection. Except for new ,
120 replacement, and transfer applications, permanent nonexpiring license plates issued to
121 commercial motor vehicles and trailers registered under section 301.041 are exempt from the
122 provisions of this subsection.
301.132. 1. For purposes of this section, "street rod" is a vehicle older than 1949 or a
2 vehicle manufactured after 1948 to resemble a vehicle manufactured before 1949; and has
3 been altered from the manufacturer's original design or has a body constructed from
4 nonoriginal materials.
5 2. The model year and the year of manufacture that are listed on the certificate of title
6 of a street rod vehicle shall be the model year and year of manufacture that the body of such
7 vehicle resembles. The current and all subsequent certificates of ownership shall be
8 designated with the word "REPLICA".
9 3. For each street rod, there shall be an annual fee equal to the fee char ged for
10 personalized license plates in section 301.144 in addition to the regular annual registration
11 fees.
12 4. In applying for registration of a street rod pursuant to this section, the owner of the
13 street rod shall submit with the application a certification that the vehicle for which the
14 application is made:
15 (1) W ill be maintained for occasional transportation, exhibitions, club activities,
16 parades, tours, and similar uses;
17 (2) W ill not be used for general daily transportation.
18 5. [In addition to the certification required pursuant to subsection 4 of this section,
19 when applying for registration of a street rod, the new owner of the street rod shall provide
20 proof that the street rod passed a safety inspection in accordance with section 307.350 that
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21 shall be approved by the department of public safety in consultation with the street rod
22 community in this state.
23 6. ] On registration of a vehicle pursuant to this section, the director of the department
24 of revenue shall issue to the owner two license plates containing the number assigned to the
25 registration certificate issued by the director of revenue, and the following words: "STREET
26 ROD", "ST A TE OF MISSOURI". Such license plates shall be kept securely attached to the
27 motor vehicle registered pursuant to this section. The director of revenue shall determine the
28 characteristic features of such license plates for vehicles registered pursuant to the provisions
29 of this section so that they may be recognized as such, except that such license plates shall be
30 made with fully reflective material with a common color scheme and design, shall be clearly
31 visible at night, and shall be aesthetically attractive, as prescribed by section 301.130.
32 [ 7. ] 6. Unless the presence of the equipment was specifically required by a statute of
33 this state as a condition of sale in the year listed as the year of manufacture on the certificate
34 of title, the presence of any specific equipment is not required for the operation of a vehicle
35 registered pursuant to this section.
36 [ 8. Except as provided in subsection 5 of this section,] 7. A vehicle registered
37 pursuant to this section is exempt from any statute of this state that requires [ periodic vehicle
38 inspections and from any statute of this state that requires ] the use and inspection of emission
39 controls.
40 [ 9. ] 8. A "custom vehicle" means any motor vehicle that:
41 (1) Is at least twenty-five years old and of a model year after 1948, or was
42 manufactured to resemble a vehicle twenty-five years old or older and of a model year after
43 1948; and
44 (2) Has been altered from the manufacturer's original design, or has an entire body
45 constructed from nonoriginal materials.
46 [ 10. ] 9. The model year and the year of manufacture that are listed on the certificate
47 of title of a custom vehicle shall be the model year and year of manufacture that the body of
48 such vehicle resembles. The current and all subsequent certificates of ownership shall be
49 designated with the word "REPLICA".
50 [ 1 1. ] 10. For each custom vehicle, there shall be an annual fee equal to the fee
51 char ged for personalized license plates in section 301.144 in addition to the regular annual
52 registration fees.
53 [ 12. ] 1 1. In applying for registration of a custom vehicle pursuant to this section, the
54 owner of the custom vehicle shall submit with the application a certification that the vehicle
55 for which the application is made:
56 (1) W ill be maintained for occasional transportation, exhibits, club activities, parades,
57 tours, and similar uses; and
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58 (2) W ill not be used for general daily transportation.
59 [ 13. In addition to the certification required pursuant to subsection 12 of this section,
60 when applying for registration of a custom vehicle, the new owner of the custom vehicle shall
61 provide proof that the custom vehicle passed a safety inspection in accordance with section
62 307.350 that shall be approved by the department of public safety in consultation with the
63 street rod community in this state.
64 14. ] 12. On registration of a vehicle pursuant to this section, the director of the
65 department of revenue shall issue to the owner two license plates containing the number
66 assigned to the registration certificate issued by the director of revenue, and the following
67 words: "CUST OM VEHICLE", "ST A TE OF MISSOURI". Such license plates shall be kept
68 securely attached to the motor vehicle registered hereunder . The director of revenue shall
69 determine the characteristic features of such license plates for vehicles registered pursuant to
70 the provisions of this section so that they may be recognized as such, except that such license
71 plates shall be made with fully reflective material with a common color scheme and design,
72 shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by section
73 301.130.
74 [ 15. ] 13. Unless the presence of the equipment was specifically required by a statute
75 of this state as a condition of sale in the year listed as the year of manufacture on the
76 certificate of title, the presence of any specific equipment is not required for the operation of a
77 vehicle registered pursuant to this section.
78 [ 16. Except as provided in subsection 13 of this section, a vehicle registered pursuant
79 to this section is exempt from any statute of this state that requires periodic vehicle
80 inspections and from any statute of this state that requires the use and inspection of emission
81 controls.
82 17. ] 14. For purposes of this section, "blue dot tail light" is a red lamp installed in the
83 rear of a motor vehicle containing a blue or purple insert that is not more than one inch in
84 diameter .
85 [ 18. ] 15. A street rod or custom vehicle may use blue dot tail lights for stop lamps,
86 rear turning indicator lamps, rear hazard lamps, and rear reflectors.
301.140. 1. Upon the transfer of ownership of any motor vehicle or trailer , the
2 certificate of registration and the right to use the number plates shall expire and the number
3 plates shall be removed by the owner at the time of the transfer of possession, and it shall be
4 unlawful for any person other than the person to whom such number plates were originally
5 issued to have the same in his or her possession whether in use or not, unless such possession
6 is solely for charitable purposes; except that the buyer of a motor vehicle or trailer who trades
7 in a motor vehicle or trailer may attach the license plates from the traded-in motor vehicle or
8 trailer to the newly purchased motor vehicle or trailer . The operation of a motor vehicle with
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9 such transferred plates shall be lawful for no more than thirty days, or no more than ninety
10 days if the dealer is selling the motor vehicle under the provisions of section 301.213, or no
11 more than sixty days if the dealer is selling the motor vehicle under the provisions of
12 subsection 5 of section 301.210. As used in this subsection, the term "trade-in motor vehicle
13 or trailer" shall include any single motor vehicle or trailer sold by the buyer of the newly
14 purchased vehicle or trailer , as long as the license plates for the trade-in motor vehicle or
15 trailer are still valid.
16 2. In the case of a transfer of ownership the original owner may register another
17 motor vehicle under the same license plate number , upon the payment of a fee of [ two ] ten
18 dollars, if the motor vehicle is [ of horsepower , gross weight or (in the case of a passenger -
19 carrying commercial motor vehicle) seating capacity , not in excess of that ] the same
20 classification as originally registered. When such motor vehicle is of greater [ horsepower ,
21 gross weight or (in the case of a passenger -carrying commercial motor vehicle) seating
22 capacity , for which a greater fee is prescribed ] classification than originally register ed , the
23 applicant shall pay a transfer fee of [ two ] ten dollars and a pro rata portion for the dif ference
24 in fees. When such vehicle is of less [ horsepower , gross weight or (in case of a passenger-
25 carrying commercial motor vehicle) seating capacity , for which a lesser fee is prescribed ]
26 classification than originally registe red , the applicant shall not be entitled to a refund. As
27 soon as technologically possible following the implementation and maintenance of a
28 modernized, integrated system for the titling of vehicles, issuance and renewal of vehicle
29 r egistrations, and perfection and r elease of liens and encumbrances on vehicles, if the
30 transfer occurs at a dealer location the curr ent plate may be transferred at time of
31 pur chase and tracked in the system. If a motor vehicle, trailer , boat, or outboard motor
32 is pur chased independently , the time frame for transfer of plates noted in this section
33 shall apply , and the transfer shall occur by an authorized agent of the department of
34 r evenue or the department of revenu e central office.
35 3. License plates may be transferred from a motor vehicle which will no longer be
36 operated to a newly purchased motor vehicle by the owner of such vehicles. The owner shall
37 pay a transfer fee of [ two ] ten dollars if the motor vehicle is the same classification as the
38 newly purchased vehicle [ is of horsepower , gross weight or (in the case of a passenger -
39 carrying commercial motor vehicle) seating capacity , not in excess of that of the vehicle
40 which will no longer be operated ]. When the newly purchased motor vehicle is of greater
41 [ horsepower , gross weight or (in the case of a passenger -carrying commercial motor vehicle)
42 seating capacity , for which a greater fee is prescribed ] classification than originally
43 r egister ed , the applicant shall pay a transfer fee of [ two ] ten dollars and a pro rata portion of
44 the dif ference in fees. When the newly purchased vehicle is of less [ horsepower , gross weight
45 or (in the case of a passenger- carrying commercial motor vehicle) seating capacity , for which
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46 a lesser fee is prescribed ] classification than originally r egister ed , the applicant shall not be
47 entitled to a refund. As soon as technologically possible following the implementation and
48 maintenance of a modernized, integrated system for the titling of vehicles, issuance and
49 r enewal of vehicle reg istrations, and perfection and relea se of liens and encumbrances
50 on vehicles, if the transfer occurs at a dealer location the curr ent plate may be
51 transferr ed at time of pur chase and tracked in the system. If a motor vehicle, trailer ,
52 boat, or outboard motor is pur chased independently , the time frame for transfer of
53 plates noted in this section shall apply , and the transfer shall occur by an authorized
54 agent of the department of rev enue or the department of rev enue central office.
55 4. (1) The director of the department of revenue shall have authority to produce or
56 allow others to produce a weather resistant, [ nontearing temporary permit ] interim plate
57 authorizing the operation of a motor vehicle or trailer by a buyer for not more than thirty days,
58 or no more than sixty days if issued by a dealer selling the motor vehicle under the provisions
59 of subsection 5 of section 301.210, from the date of purchase. The [ temporary permit ]
60 interim plate authorized under this section may be purchased by the purchaser of a motor
61 vehicle or trailer from the central of fice of the department of revenue or from an authorized
62 agent of the department of revenue upon satisfaction of all applicable taxes under chapter
63 144, upon proof of purchase of a motor vehicle or trailer for which the buyer has no
64 registration plate available for transfer and upon proof of financial responsibility , or from a
65 motor vehicle dealer upon purchase of a motor vehicle or trailer for which the buyer has no
66 registration plate available for transfer , or from a motor vehicle dealer upon purchase of a
67 motor vehicle or trailer for which the buyer has registered and is awaiting receipt of
68 registration plates. The director of the department of revenue or a producer authorized by the
69 director of the department of revenue may make [ temporary permits ] interim plates available
70 to registered dealers in this state, authorized agents of the department of revenue or the
71 department of revenue. The price paid by a motor vehicle dealer , an authorized agent of the
72 department of revenue or the department of revenue for [ a temporary permit ] interim plates
73 shall not exceed five dollars for each permit. The director of the department of revenue shall
74 direct motor vehicle dealers and authorized agents to obtain [ temporary permits ] interim
75 plates from an authorized producer . Amounts received by the director of the department of
76 revenue for [ temporary permits ] interim plates shall constitute state revenue; however ,
77 amounts received by an authorized producer other than the director of the department of
78 revenue shall not constitute state revenue and any amounts received by motor vehicle dealers
79 or authorized agents for [ temporary permits ] interim plates purchased from a producer other
80 than the director of the department of revenue shall not constitute state revenue. In no event
81 shall revenues from the general revenue fund or any other state fund be utilized to compensate
82 motor vehicle dealers or other producers for their role in producing [ temporary permits ]
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83 interim plates as authorized under this section. Amounts that do not constitute state revenue
84 under this section shall also not constitute fees for registration or certificates of title to be
85 collected by the director of the department of revenue under section 301.190. No motor
86 vehicle dealer , authorized agent or the department of revenue shall char ge more than five
87 dollars for each [ permit ] interim plate issued. The [ permit ] interim plate shall be valid for a
88 period of thirty days, [ or no more than ninety days if issued by a dealer selling the motor
89 vehicle under the provisions of section 301.213, ] or no more than sixty days if issued by a
90 dealer selling the motor vehicle under the provisions of subsection 5 of section 301.210, from
91 the date of purchase of a motor vehicle or trailer , or from the date of sale of the motor vehicle
92 or trailer by a motor vehicle dealer for which the purchaser obtains [ a permit ] an interim
93 plate as set out above. No permit shall be issued for a vehicle under this section unless the
94 buyer shows proof of financial responsibility . Each [ temporary permit ] interim plate issued
95 shall be securely fastened to the back or rear of the motor vehicle in a manner and place on
96 the motor vehicle consistent with registration plates so that all parts and qualities of the
97 [ temporary permit ] interim plate thereof shall be plainly and clearly visible, reasonably clean
98 and are not impaired in any way . The department shall issue a nontransferable in-transit
99 plate for motor vehicles, trailers, and boats pur chased by nonr esidents of this state for a
100 fee of ten dollars. Such in-transit plate shall be displayed on the newly pur chased motor
101 vehicle, and shall be pro minently displayed for boats and trailers on the rear of the
102 newly purc hased boat or trailer , be available to law enforcem ent to query in the
103 department's system, and be void fifteen days after issuance. As soon as technologically
104 possible following the implementation and maintenance of a modernized, integrated
105 system for the titling of vehicles, issuance and r enewal of vehicle regi strations, and
106 perfection and release of liens and encumbrances on vehicles, dealers selling the motor
107 vehicle shall title and r egister vehicles, collect sales tax, verify personal pr operty tax and
108 insurance is curr ent, and issue an interim plate with the same configuration as the
109 permanent plate, which shall subsequently be mailed to the owner by the department. If
110 a motor vehicle is pur chased independently , the time frame for obtaining an interim
111 plate shall be thirty days fr om the pur chase and the interim plate shall be obtained
112 thr ough the department of revenu e or an authorized agent of the department of
113 r evenue, pr ovided that the interim plate shall have the same configuration as the
114 permanent r egistration plate, which shall be mailed to the owner by the department.
115 (2) The provisions of subdivision (1) of this subsection requiring satisfaction of all
116 applicable taxes under chapter 144 shall become ef fective only upon notification by the
117 director of the department of revenue that implementation of such requirements are
118 technologically feasible following the development and maintenance of a modernized,
119 integrated system for the titling of vehicles, the issuance and renewal of vehicle registrations,
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120 the issuance and renewal of [ drivers' ] driver licenses and identification cards, and the
121 perfection and release of liens and encumbrances on vehicles.
122 5. The [ permit ] interim plate shall be issued on a form prescribed by the director of
123 the department of revenue and issued only for the applicant's temporary operation of the
124 motor vehicle or trailer purchased to enable the applicant to temporarily operate the motor
125 vehicle while proper title and registration plates are being obtained, or while awaiting receipt
126 of registration plates, and shall be displayed on no other motor vehicle. [ T emporary permits ]
127 Interim plates issued pursuant to this section shall not be transferable or renewable[ , ] and
128 shall not be valid upon issuance of proper registration plates for the motor vehicle or trailer[ ,
129 and shall be returned to the department or to the department's agent upon the issuance of such
130 proper registration plates. Any temporary permit returned to the department or to the
131 department's agent shall be immediately destroyed ]. The provisions of this subsection shall
132 not apply to [ temporary permits ] interim plates issued for commercial motor vehicles
133 licensed in excess of twenty-four thousand pounds gross weight. The director of the
134 department of revenue shall determine the size, material, design, numbering configuration,
135 construction, and color of the [ permit ] interim plate . The director of the department of
136 revenue, at his or her discretion, shall have the authority to reissue, and thereby extend the use
137 of, [ a temporary permit ] an interim plate previously and legally issued for a motor vehicle or
138 trailer while proper title and registration are being obtained.
139 6. Every motor vehicle dealer that issues [ temporary permits ] interim plates shall
140 keep, for inspection by proper of ficers, an accurate record of each [ permit ] interim plate
141 issued by recording the [ permit ] interim plate number that shall coincide with the
142 r egistration plate issued , the motor vehicle dealer's number , buyer's name and address, the
143 motor vehicle's year , make, and manufacturer's vehicle identification number , and the
144 [ permit's ] interim plate's date of issuance and expiration date. Upon the issuance of [ a
145 temporary permit ] an interim plate by either the central of fice of the department of revenue,
146 a motor vehicle dealer or an authorized agent of the department of revenue, the director of the
147 department of revenue shall make the information associated with the issued [ temporary
148 permit ] interim registra tion plate immediately available to the law enforcement community
149 of the state of Missouri. As soon as technologically possible following the implementation
150 and maintenance of a modernized, integrated system for the titling of vehicles, issuance
151 and r enewal of vehicle r egistrations, and perfection and rel ease of liens and
1 5 2 encumbrances on vehicles, dealers shall no longer issue temporary permits and no
153 r ecords shall need to be kept.
154 7. Upon the transfer of ownership of any currently registered motor vehicle wherein
155 the owner cannot transfer the license plates due to a change of motor vehicle category , the
156 owner may surrender the license plates issued to the motor vehicle and receive credit for any
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157 unused portion of the original registration fee against the registration fee of another motor
158 vehicle. Such credit shall be granted based upon the date the license plates are surrendered.
159 No refunds shall be made on the unused portion of any license plates surrendered for such
160 credit.
161 8. [ An additional temporary license plate produced in a manner and of materials
162 determined by the director to be the most cost-eff ective means of production with a
163 configuration that matches an existing or newly issued plate ] A third plate may be purchased
164 by a motor vehicle owner to be placed in the interior of the vehicle's rear window such that
165 the driver's view out of the rear window is not obstructed and the plate configuration is clearly
166 visible from the outside of the vehicle to serve as the visible plate when a bicycle rack or
167 other item obstructs the view of the actual plate. Such temporary plate is only authorized for
168 use when the matching actual plate is af fixed to the vehicle in the manner prescribed in
169 subsection 5 of section 301.130. The fee char ged for the [ temporary ] third plate shall be
170 equal to the fee char ged for a [ temporary permit issued under subsection 4 of this section ]
171 r eplacement plate as pr escribed in section 301.300 . [ Replacement temporary plates
172 authorized in this subsection may be issued as needed upon the payment of a fee equal to the
173 fee char ged for a temporary permit under subsection 4 of this section. ] The newly produced
174 third plate may only be used on the vehicle with the matching plate, and the additional plate
175 shall be clearly recognizable as a third plate and only used for the purpose specified in this
176 subsection.
177 9. Notwithstanding the provisions of section 301.217, the director may issue a
178 temporary permit to an individual who possesses a salvage motor vehicle which requires an
179 inspection under subsection 9 of section 301.190. The operation of a salvage motor vehicle
180 for which the permit has been issued shall be limited to the most direct route from the
181 residence, maintenance, or storage facility of the individual in possession of such motor
182 vehicle to the nearest authorized inspection facility and return to the originating location.
183 Notwithstanding any other requirements for the issuance of a temporary permit under this
184 section, an individual obtaining a temporary permit for the purpose of operating a motor
185 vehicle to and from an examination facility as prescribed in this subsection shall also
186 purchase the required motor vehicle examination form which is required to be completed for
187 an examination under subsection 9 of section 301.190 and provide satisfactory evidence that
188 such vehicle has passed a motor vehicle safety inspection for such vehicle as required in
189 section 307.350. As soon as technologically possible following the implementation and
190 maintenance of a modernized, integrated system for the titling of vehicles, issuance and
191 r enewal of vehicle reg istrations, and perfection and relea se of liens and encumbrances
192 on vehicles, if an inspection is req uired at an authorized inspection facility for a salvage
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193 vehicle, the owner shall carry and possess an ownership document or pr oof of pur chase
194 and shall get an inspection within fifteen days of the application.
195 10. The director of the department of revenue may promulgate all necessary rules and
196 regulations for the administration of this section. Any rule or portion of a rule, as that term is
197 defined in section 536.010, that is created under the authority delegated in this section shall
198 become ef fective only if it complies with and is subject to all of the provisions of chapter 536
199 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any
200 of the powers vested with the general assembly pursuant to chapter 536 to review , to delay the
201 ef fective date, or to disapprove and annul a rule are subsequently held unconstitutional, then
202 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012,
203 shall be invalid and void.
204 [ 1 1. The repeal and reenactment of this section shall become ef fective on the date the
205 department of revenue or a producer authorized by the director of the department of revenue
206 begins producing temporary permits described in subsection 4 of such section, or on July 1,
207 2013, whichever occurs first. If the director of revenue or a producer authorized by the
208 director of the department of revenue begins producing temporary permits prior to July 1,
209 2013, the director of the department of revenue shall notify the revisor of statutes of such
210 fact.]
301.142. 1. As used in sections 301.141 to 301.143, the following terms mean:
2 (1) "Department", the department of revenue;
3 (2) "Director", the director of the department of revenue;
4 (3) "Other authorized health care practitioner" includes advanced practice registered
5 nurses licensed pursuant to chapter 335, physician assistants licensed pursuant to chapter 334,
6 chiropractors licensed pursuant to chapter 331, podiatrists licensed pursuant to chapter 330,
7 assistant physicians, physical therapists licensed pursuant to chapter 334, and optometrists
8 licensed pursuant to chapter 336;
9 (4) "Physically disabled", a natural person who is blind, as defined in section 8.700,
10 or a natural person with medical disabilities which prohibits, limits, or severely impairs one's
11 ability to ambulate or walk, as determined by a licensed physician or other authorized health
12 care practitioner as follows:
13 (a) The person cannot ambulate or walk fifty or less feet without stopping to rest due
14 to a severe and disabling arthritic, neurological, orthopedic condition, or other severe and
15 disabling condition; or
16 (b) The person cannot ambulate or walk without the use of, or assistance from, a
17 brace, cane, crutch, another person, prosthetic device, wheelchair , or other assistive device; or
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18 (c) Is restricted by a respiratory or other disease to such an extent that the person's
19 forced respiratory expiratory volume for one second, when measured by spirometry , is less
20 than one liter , or the arterial oxygen tension is less than sixty mm/hg on room air at rest; or
21 (d) Uses portable oxygen; or
22 (e) Has a cardiac condition to the extent that the person's functional limitations are
23 classified in severity as class III or class IV according to standards set by the American Heart
24 Association; or
25 (f) Except as otherwise provided in subdivision (3) of subsection 16 of this section, a
26 person's age, in and of itself, shall not be a factor in determining whether such person is
27 physically disabled or is otherwise entitled to disabled license plates and/or disabled
28 windshield hanging placards within the meaning of sections 301.141 to 301.143;
29 (5) "Physician", a person licensed to practice medicine pursuant to chapter 334;
30 (6) "Physician's statement", a statement personally signed by a duly authorized person
31 which certifies that a person is disabled as defined in this section;
32 (7) "T emporarily disabled person", a disabled person as defined in this section whose
33 disability or incapacity is expected to last no more than one hundred eighty days;
34 (8) "T emporary windshield placard", a placard to be issued to persons who are
35 temporarily disabled persons as defined in this section, certification of which shall be
36 indicated on the physician's statement;
37 (9) "W indshield placard", a placard to be issued to persons who are physically
38 disabled as defined in this section, certification of which shall be indicated on the physician's
39 statement.
40 2. Other authorized health care practitioners may furnish to a disabled or temporarily
41 disabled person a physician's statement for only those physical health care conditions for
42 which such health care practitioner is legally authorized to diagnose and treat.
43 3. A physician's statement shall:
44 (1) Be on a form prescribed by the director of revenue;
45 (2) Set forth the specific diagnosis and medical condition which renders the person
46 physically disabled or temporarily disabled as defined in this section;
47 (3) Include the physician's or other authorized health care practitioner's license
48 number; and
49 (4) Be personally signed by the issuing physician or other authorized health care
50 practitioner .
51 4. If it is the professional opinion of the physician or other authorized health care
52 practitioner issuing the statement that the physical disability of the applicant, user , or member
53 of the applicant's household is permanent, it shall be noted on the statement. Otherwise, the
54 physician or other authorized health care practitioner shall note on the statement the
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55 anticipated length of the disability , which shall determine the expiration date for the
56 temporary windshield placard, and which period shall not exceed one hundred eighty days. If
57 the physician or health care practitioner fails to record an expiration date on the physician's
58 statement, the director shall issue a temporary windshield placard for a period of thirty days.
59 5. A physician or other authorized health care practitioner who issues or signs a
60 physician's statement so that disabled plates or a disabled windshield placard may be obtained
61 shall maintain in such disabled person's medical chart documentation that such a certificate
62 has been issued, the date the statement was signed, the diagnosis or condition which existed
63 that qualified the person as disabled pursuant to this section and shall contain suf ficient
64 documentation so as to objectively confirm that such condition exists.
65 6. The medical or other records of the physician or other authorized health care
66 practitioner who issued a physician's statement shall be open to inspection and review by such
67 practitioner's licensing board, in order to verify compliance with this section. Information
68 contained within such records shall be confidential unless required for prosecution,
69 disciplinary purposes, or otherwise required to be disclosed by law .
70 7. Owners of motor vehicles who are residents of the state of Missouri, and who are
71 physically disabled, owners of motor vehicles operated at least fifty percent of the time by a
72 physically disabled person, or owners of motor vehicles used to primarily transport physically
73 disabled members of the owner's household may obtain disabled person license plates. Such
74 owners, upon application to the director accompanied by the documents and fees provided for
75 in this section, a current physician's statement which has been issued within ninety days
76 proceeding the date the application is made, and proof of compliance with the state motor
77 vehicle laws relating to registration and licensing of motor vehicles, shall be issued motor
78 vehicle license plates for vehicles, other than commercial vehicles with a gross weight in
79 excess of twenty-four thousand pounds, upon which shall be inscribed the international
80 wheelchair accessibility symbol and the word "DISABLED" in addition to a combination of
81 letters and numbers. Such license plates shall be made with fully reflective material with a
82 common color scheme and design, shall be clearly visible at night, and shall be aesthetically
83 attractive, as prescribed by section 301.130. If at any time an individual who obtained
84 disabled license plates issued under this subsection no longer occupies a residence with a
85 physically disabled person, or no longer owns a vehicle that is operated at least fifty percent
86 of the time by a physically disabled person, such individual shall surrender the disabled
87 license plates to the department within thirty days of becoming ineligible for their use.
88 8. The director shall further issue, upon request, to such applicant one, and for good
89 cause shown, as the director may define by rule and regulations, not more than two,
90 removable disabled windshield hanging placards for use when the disabled person is
91 occupying a vehicle or when a vehicle not bearing the permanent handicap plate is being used
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92 to pick up, deliver , or collect the physically disabled person issued the disabled motor vehicle
93 license plate or disabled windshield hanging placard.
94 9. No additional fee shall be paid to the director for the issuance of the special license
95 plates provided in this section, except for special personalized license plates and other license
96 plates described in this subsection. Priority for any specific set of special license plates shall
97 be given to the applicant who received the number in the immediately preceding license
98 period subject to the applicant's compliance with the provisions of this section and any
99 applicable rules or regulations issued by the director . If determined feasible by the advisory
100 committee established in section 301.129, any special license plate issued pursuant to this
101 section may be adapted to also include the international wheelchair accessibility symbol and
102 the word "DISABLED" as prescribed in this section and such plate may be issued to any
103 applicant who meets the requirements of this section and the other appropriate provision of
104 this chapter , subject to the requirements and fees of the appropriate provision of this chapter .
105 10. Any physically disabled person, or the parent or guardian of any such person, or
106 any not-for- profit group, or ganization, or other entity which transports more than one
107 physically disabled person, may apply to the director of revenue for a removable windshield
108 placard. The placard may be used in motor vehicles which do not bear the permanent
109 handicap symbol on the license plate. Such placards must be hung from the front, middle
110 rearview mirror of a parked motor vehicle and may not be hung from the mirror during
111 operation. These placards may only be used during the period of time when the vehicle is
112 being used by a disabled person, or when the vehicle is being used to pick up, deliver , or
113 collect a disabled person, and shall be surrendered to the department, within thirty days, if a
114 group, or ganization, or entity that obtained the removable windshield placard due to the
115 transportation of more than one physically disabled person no longer transports more than one
116 disabled person. When there is no rearview mirror , the placard shall be displayed on the
117 dashboard on the driver's side.
118 1 1. The removable windshield placard shall conform to the specifications, in respect
119 to size, color , and content, as set forth in federal regulations published by the Department of
120 T ransportation. The removable windshield placard shall be renewed every [ four ] eight years.
121 The department shall have the authority to automatically r enew curren t valid disabled
122 placards for a duration of eight years, or for the duration that corr elates with the
123 curr ent physician's statement expiration date, until all permanent disabled placards ar e
124 on an eight-year renewa l cycle. The director may stagger the expiration dates to equalize
125 workload. Only one removable placard may be issued to an applicant who has been issued
126 disabled person license plates. Upon request, one additional windshield placard may be
127 issued to an applicant who has not been issued disabled person license plates.
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128 12. A temporary windshield placard shall be issued to any physically disabled person,
129 or the parent or guardian of any such person who otherwise qualifies except that the physical
130 disability , in the opinion of the physician, is not expected to exceed a period of one hundred
131 eighty days. The temporary windshield placard shall conform to the specifications, in respect
132 to size, color , and content, as set forth in federal regulations published by the Department of
133 T ransportation. The fee for the temporary windshield placard shall be two dollars. Upon
134 request, and for good cause shown, one additional temporary windshield placard may be
135 issued to an applicant. T emporary windshield placards shall be issued upon presentation of
136 the physician's statement provided by this section and shall be displayed in the same manner
137 as removable windshield placards. A person or entity shall be qualified to possess and
138 display a temporary removable windshield placard for six months and the placard may be
139 renewed once for an additional six months if a physician's statement pursuant to this section is
140 supplied to the director of revenue at the time of renewal.
141 13. A windshield placard shall be renewable only by the person or entity to which the
142 placard was originally issued. Any placard issued pursuant to this section shall only be used
143 when the physically disabled occupant for whom the disabled plate or placard was issued is in
144 the motor vehicle at the time of parking or when a physically disabled person is being
145 delivered or collected. A disabled license plate and/or a removable windshield hanging
146 placard are not transferable and may not be used by any other person whether disabled or not.
147 14. At the time the disabled plates or windshield hanging placards are issued, the
148 director shall issue a registration certificate which shall include the applicant's name, address,
149 and other identifying information as prescribed by the director , or if issued to an agency , such
150 agency's name and address. This certificate shall further contain the disabled license plate
151 number or , for windshield hanging placards, the registration or identifying number stamped
152 on the placard. The validated registration receipt given to the applicant shall serve as the
153 registration certificate.
154 15. The director shall, upon issuing any disabled registration certificate for license
155 plates and/or windshield hanging placards, provide information which explains that such
156 plates or windshield hanging placards are nontransferable, and the restrictions explaining who
157 and when a person or vehicle which bears or has the disabled plates or windshield hanging
158 placards may be used or be parked in a disabled reserved parking space, and the penalties
159 prescribed for violations of the provisions of this act.
160 16. (1) Except as otherwise provided in this subsection, every applicant for issuance
161 of a disabled license plate or placard shall be required to present a new physician's statement
162 dated no more than ninety days prior to such application, and for renewal applications a
163 physician's statement dated no more than ninety days prior to such application shall be
164 required every eighth year .
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165 (2) Notwithstanding any provision of law to the contrary , if the applicant has
166 presented proof of disability in the form of a statement from the United States Department of
167 V eterans Af fairs verifying that the person is permanently disabled, the applicant shall not be
168 required to provide a physician's statement for the purpose of issuance or renewal of disabled
169 person license plates or windshield placards.
170 (3) Notwithstanding the provisions of paragraph (f) of subdivision (4) of subsection 1
171 of this section, any person seventy-five years of age or older who provided a physician's
172 statement with the original application shall not be required to provide a physician's statement
173 for the purpose of renewal of disabled person license plates or windshield placards.
174 17. The director of revenue upon receiving a physician's statement pursuant to this
175 subsection shall check with the state board of registration for the healing arts created in
176 section 334.120, or the Missouri state board of nursing established in section 335.021, with
177 respect to physician's statements signed by advanced practice registered nurses, or the
178 Missouri state board of chiropractic examiners established in section 331.090, with respect to
179 physician's statements signed by licensed chiropractors, or with the board of optometry
180 established in section 336.130, with respect to physician's statements signed by licensed
181 optometrists, or the state board of podiatric medicine created in section 330.100, with respect
182 to physician's statements signed by physicians of the foot or podiatrists to determine whether
183 the physician is duly licensed and registered pursuant to law .
184 18. The boards shall cooperate with the director and shall supply information
185 requested pursuant to this subsection. The director shall, in cooperation with the boards
186 which shall assist the director , establish a list of all Missouri physicians and other authorized
187 health care practitioners and of any other information necessary to administer this section.
188 19. Where the owner's application is based on the fact that the vehicle is used at least
189 fifty percent of the time by a physically disabled person, the applicant shall submit a
190 statement stating this fact, in addition to the physician's statement. The statement shall be
191 signed by both the owner of the vehicle and the physically disabled person. The applicant
192 shall be required to submit this statement with each application for license plates. No person
193 shall willingly or knowingly submit a false statement and any such false statement shall be
194 considered perjury and may be punishable pursuant to section 301.420.
195 20. The director of revenue shall retain all physicians' statements and all other
196 documents received in connection with a person's application for disabled license plates and/
197 or disabled windshield placards.
198 21. The director of revenue shall enter into reciprocity agreements with other states or
199 the federal government for the purpose of recognizing disabled person license plates or
200 windshield placards issued to physically disabled persons.
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201 22. When a person to whom disabled person license plates or a removable or
202 temporary windshield placard or both have been issued dies, the personal representative of the
203 decedent or such other person who may come into or otherwise take possession of the
204 disabled license plates or disabled windshield placard shall return the same to the director of
205 revenue under penalty of law . Failure to return such plates or placards shall constitute a class
206 B misdemeanor .
207 23. The director of revenue may order any person issued disabled person license
208 plates or windshield placards to submit to an examination by a chiropractor , osteopath, or
209 physician, or to such other investigation as will determine whether such person qualifies for
210 the special plates or placards.
211 24. If such person refuses to submit or is found to no longer qualify for special plates
212 or placards provided for in this section, the director of revenue shall collect the special plates
213 or placards, and shall furnish license plates to replace the ones collected as provided by this
214 chapter .
215 25. In the event a removable or temporary windshield placard is lost, stolen, or
216 mutilated, the lawful holder thereof shall, within five days, file with the director of revenue an
217 application and an affidavi t stating such fact, in order to purchase a new placard. The fee for
218 the replacement windshield placard shall be four dollars.
219 26. Fraudulent application, renewal, issuance, procurement or use of disabled person
220 license plates or windshield placards shall be a class A misdemeanor . It is a class B
221 misdemeanor for a physician, chiropractor , podiatrist or optometrist to certify that an
222 individual or family member is qualified for a license plate or windshield placard based on a
223 disability , the diagnosis of which is outside their scope of practice or if there is no basis for
224 the diagnosis.
301.147. 1. Notwithstanding the provisions of section 301.020 to the contrary ,
2 [ beginning July 1, 2000, ] the director of revenue may provide owners of motor vehicles, other
3 than commercial motor vehicles licensed in excess of fifty-four thousand pounds gross
4 weight, the option of biennially registering motor vehicles[ . Any vehicle manufactured as an
5 even-numbered model year vehicle shall be renewed each even-numbered calendar year and
6 any such vehicle manufactured as an odd-numbered model year vehicle shall be renewed each
7 odd-numbered calendar year ], subject to the following requirements:
8 (1) The fee collected at the time of biennial registration shall include the annual
9 registration fee plus a pro rata amount for the additional twelve months of the biennial
10 registration;
11 (2) Presentation of all documentation otherwise required by law for vehicle
12 registration including, but not limited to, a personal property tax receipt or certified statement
13 for the preceding year that no such taxes were due as set forth in section 301.025, proof of a
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14 motor vehicle safety inspection and any applicable emission inspection conducted within
15 sixty days prior to the date of application and proof of insurance as required by section
16 303.026.
17 2. Notwithstanding the pro visions of section 301.020 to the contrary , beginning
18 January 1, 2027, the dir ector of r evenue may prov ide owners of motor vehicles with a
19 model year of manufactur e that is less than six years old, other than commerci al motor
20 vehicles licensed in excess of fifty-four thousand pounds gr oss weight, the option of a
21 thr ee-year reg istration period, subject to the following req uirements :
22 (1) The fee collected at the time of thr ee-year regi stration shall include the
23 annual regi stration fee plus a pro rata amount for the additional two years of the thr ee-
24 year r egistration;
25 (2) Pr esentation of all documentation otherwise requi red by law for vehicle
26 r egistration including, but not limited to, a personal pr operty tax receipt or certified
27 statement for the preced ing year that no such taxes were due as set forth in section
28 301.025, pr oof of a motor vehicle safety inspection if applicable, and proo f of insurance
29 as requ ired by section 303.026.
30 [ 2. ] 3. The director of revenue may prescribe rules and regulations for the ef fective
31 administration of this section. The director is authorized to adopt those rules that are
32 reasonable and necessary to accomplish the limited duties specifically delegated within this
33 section. Any rule or portion of a rule, as that term is defined in section 536.010, that is
34 promulgated pursuant to the authority delegated in this section shall become ef fective only if
35 it has been promulgated pursuant to the provisions of chapter 536. This section and chapter
36 536 are nonseverable and if any of the powers vested with the general assembly pursuant to
37 chapter 536 to review , to delay the ef fective date or to disapprove and annul a rule are
38 subsequently held unconstitutional, then the grant of rulemaking authority and any rule
39 proposed or adopted after July 1, 2000, shall be invalid and void.
40 [ 3. ] 4. The director of revenue shall have the authority to stagger the registration
41 period of motor vehicles other than commercial motor vehicles , licensed in excess of twelve
42 thousand pounds gross weight , to equalize workload or for the convenience of regist ration
43 applicants . Once the owner of a motor vehicle chooses the option of biennial registration,
44 such registration must be maintained for the full twenty-four month period.
301.190. 1. No certificate of registration of any motor vehicle , [ or ] trailer , boat, or
2 other titled personal pro perty or number plate therefor , shall be issued by the director of
3 revenue unless the applicant therefor shall make application for and be granted a certificate of
4 ownership of such motor vehicle or trailer , or other titled personal pr operty or shall present
5 satisfactory evidence that such certificate has been previously issued to the applicant for such
6 motor vehicle or trailer . Application shall be made within thirty days after the applicant
HCS SB 1020 41
7 acquires the motor vehicle or trailer , unless the motor vehicle was acquired under section
8 301.213 or subsection 5 of section 301.210 in which case the applicant shall make application
9 within thirty days after receiving title from the dealer , upon a blank form furnished by the
10 director of revenue and shall contain the applicant's [ identification number , ] full legal name
11 as it appears on the applicant's driver license, nondriver license, or permit. If the
12 applicant does not have a Missouri driver license, nondriver license, or permit, the full
13 legal name shall be as it appears on a government-issued identification document, birth
14 certificate, or as legally changed thr ough marriage or court order . Name changes by
15 common usage based on common law shall not be permitted. Applicants that are
16 businesses shall be the same name as r egister ed to do business thr ough the Missouri
17 secr etary of state's office. The application shall also include a full description of the motor
18 vehicle or trailer , the vehicle identification number , and the mileage registered on the
19 odometer at the time of transfer of ownership, as required by section 407.536, together with a
20 statement of the applicant's source of title and of any liens or encumbrances on the motor
21 vehicle or trailer , provided that for good cause shown the director of revenue may extend the
22 period of time for making such application. When an owner wants to add or delete a name or
23 names on an application for certificate of ownership of a motor vehicle or trailer [ that would
24 cause it to be inconsistent with ] , the name or names listed on the certificate of ownership
25 shall be consistent with the names noted on the notice of lien, and the owner shall provide
26 the director with documentation evidencing the lienholder's authorization to add or delete a
27 name or names on an application for certificate of ownership.
28 2. The director of revenue shall use reasonable diligence in ascertaining whether the
29 facts stated in such application are true and shall, to the extent possible without substantially
30 delaying processing of the application, review any odometer information pertaining to such
31 motor vehicle that is accessible to the director of revenue. If satisfied that the applicant is the
32 lawful owner of such motor vehicle or trailer , or otherwise entitled to have the same
33 registered in [ his ] the applicant's name, the director shall thereupon issue an appropriate
34 certificate over [ his ] the dir ector's signature and sealed with the seal of [ his ] the of fice,
35 procured and used for such purpose. The certificate shall contain on its face a complete
36 description, vehicle identification number , and other evidence of identification of the motor
37 vehicle or trailer , as the director of revenue may deem necessary , together with the odometer
38 information required to be put on the face of the certificate pursuant to section 407.536, a
39 statement of any liens or encumbrances which the application may show to be thereon, and, if
40 ownership of the vehicle has been transferred, the name of the state issuing the transferor's
41 title and whether the transferor's odometer mileage statement executed pursuant to section
42 407.536 indicated that the true mileage is materially dif ferent from the number of miles
43 shown on the odometer , or is unknown.
HCS SB 1020 42
44 3. The director of revenue shall appropriately designate on the current and all
45 subsequent issues of the certificate the words "Reconstructed Motor V ehicle", "Motor Change
46 V ehicle", "Specially Constructed Motor V ehicle", or "Non-USA-Std Motor V ehicle", as
47 defined in section 301.010. Eff ective July 1, 1990, on all original and all subsequent issues of
48 the certificate for motor vehicles as referenced in subsections 2 and 3 of section 301.020, the
49 director shall print on the face thereof the following designation: "Annual odometer updates
50 may be available from the department of revenue.". On any duplicate certificate, the director
51 of revenue shall reprint on the face thereof the most recent of either:
52 (1) The mileage information included on the face of the immediately prior certificate
53 and the date of purchase or issuance of the immediately prior certificate; or
54 (2) Any other mileage information provided to the director of revenue, and the date
55 the director obtained or recorded that information.
56 4. The certificate of ownership issued by the director of revenue shall be
57 manufactured in a manner to prohibit as nearly as possible the ability to alter , counterfeit,
58 duplicate, or forg e such certificate without ready detection. In order to carry out the
59 requirements of this subsection, the director of revenue may contract with a nonprofit
60 scientific or educational institution specializing in the analysis of secure documents to
61 determine the most ef fective methods of rendering Missouri certificates of ownership
62 nonalterable or noncounterfeitable.
63 5. The fee for each original certificate so issued shall be eight dollars and fifty cents,
64 in addition to the fee for registration of such motor vehicle or trailer . If application for the
65 certificate is not made within thirty days after the vehicle is acquired by the applicant, or
66 where the motor vehicle was acquired under section 301.213 or subsection 5 of section
67 301.210 and the applicant fails to make application within thirty days after receiving title
68 from the dealer , a delinquency penalty fee of twenty-five dollars for the first thirty days of
69 delinquency and twenty-five dollars for each thirty days of delinquency thereafter , not to
70 exceed a total of two hundred dollars, but such penalty may be waived by the director for a
71 good cause shown. If the director of revenue learns that any person has failed to obtain a
72 certificate within thirty days after acquiring a motor vehicle or trailer , or where the motor
73 vehicle was acquired under section 301.213 or subsection 5 of section 301.210 and the
74 applicant fails to make application within thirty days after receiving title from the dealer , or
75 has sold a vehicle without obtaining a certificate, he shall cancel the registration of all
76 vehicles registered in the name of the person, either as sole owner or as a co-owner , and shall
77 notify the person that the cancellation will remain in force until the person pays the
78 delinquency penalty fee provided in this section, together with all fees, char ges and payments
79 which the person should have paid in connection with the certificate of ownership and
80 registration of the vehicle. The certificate shall be good for the life of the motor vehicle or
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81 trailer so long as the same is owned or held by the original holder of the certificate and shall
82 not have to be renewed annually .
83 6. Any applicant for a certificate of ownership requesting the department of revenue
84 to process an application for a certificate of ownership in an expeditious manner requiring
85 special handling shall pay a fee of five dollars in addition to the regular certificate of
86 ownership fee.
87 7. It is unlawful for any person to operate in this state a motor vehicle or trailer
88 required to be registered under the provisions of the law unless a certificate of ownership has
89 been applied for as provided in this section.
90 8. Before an original Missouri certificate of ownership is issued, an inspection of the
91 vehicle and a verification of vehicle identification numbers shall be made by the Missouri
92 state highway patrol on vehicles for which there is a current title issued by another state if a
93 Missouri salvage certificate of title has been issued for the same vehicle but no prior
94 inspection and verification has been made in this state, except that if such vehicle has been
95 inspected in another state by a law enforcement of ficer in a manner comparable to the
96 inspection process in this state and the vehicle identification numbers have been so verified,
97 the applicant shall not be liable for the twenty-five dollar inspection fee if such applicant
98 submits proof of inspection and vehicle identification number verification to the director of
99 revenue at the time of the application. The applicant, who has such a title for a vehicle on
100 which no prior inspection and verification have been made, shall pay a fee of twenty-five
101 dollars for such verification and inspection, payable to the director of revenue at the time of
102 the request for the application, which shall be deposited in the state treasury to the credit of
103 the state highways and transportation department fund.
104 9. Each application for an original Missouri certificate of ownership for a vehicle
105 which is classified as a reconstructed motor vehicle, specially constructed motor vehicle, kit
106 vehicle, motor change vehicle, non-USA-std motor vehicle, or other vehicle as required by
107 the director of revenue shall be accompanied by a vehicle examination certificate issued by
108 the Missouri state highway patrol, or other law enforcement agency as authorized by the
109 director of revenue. The vehicle examination shall include a verification of vehicle
110 identification numbers and a determination of the classification of the vehicle. The owner of
111 a vehicle which requires a vehicle examination certificate shall present the vehicle for
112 examination and obtain a completed vehicle examination certificate prior to submitting an
113 application for a certificate of ownership to the director of revenue. Notwithstanding any
114 provision of the law to the contrary , an owner presenting a motor vehicle which has been
115 issued a salvage title and which is ten years of age or older to a vehicle examination described
116 in this subsection in order to obtain a certificate of ownership with the designation prior
117 salvage motor vehicle shall not be required to repair or restore the vehicle to its original
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118 appearance in order to pass or complete the vehicle examination. The fee for the vehicle
119 examination application shall be twenty-five dollars and shall be collected by the director of
120 revenue at the time of the request for the application and shall be deposited in the state
121 treasury to the credit of the state highways and transportation department fund. If the vehicle
122 is also to be registered in Missouri, the safety inspection required in chapter 307 and the
123 emissions inspection required under chapter 643 shall be completed and the fees required by
124 section 307.365 and section 643.315 shall be char ged to the owner .
125 10. When an application is made for an original Missouri certificate of ownership for
126 a motor vehicle previously registered or titled in a state other than Missouri or as required by
127 section 301.020, it shall be accompanied by a current inspection form certified by a duly
128 authorized official inspection station as described in chapter 307 , except that such
129 inspection may be completed within the state of Missouri by an employee of a new or
130 used motor vehicle dealer who has sold at least five hundr ed vehicles in the pr evious
131 calendar year and is authorized by the rules and reg ulations pro mulgated by the
132 superintendent of the Missouri State Highway Patrol to inspect vehicles thr ee years or
133 less fr om their manufactur ed date with less than thirty six thousand miles. The
134 completed form shall certify that the manufacturer's identification number for the vehicle has
135 been inspected, that it is correctly displayed on the vehicle and shall certify the reading shown
136 on the odometer at the time of inspection. The inspection station [ shall collect the same fee as
137 authorized in section 307.365 for making the inspection, ] or a new or used motor vehicle
138 dealer that has sold at least five hundr ed vehicles in the pr evious calendar year may
139 collect a fee not to exceed twelve dollars and the fee shall be deposited in the same manner
140 as provided in section 307.365. If the vehicle is also to be registered in Missouri, [ the safety
141 inspection required in chapter 307 and ] the emissions inspection required under chapter 643
142 shall be completed and [ only ] the fees required by [ section 307.365 and ] section 643.315 shall
143 be char ged to the owner . This section shall not apply to vehicles being transferred on a
144 manufacturer's statement of origin.
145 1 1. Motor vehicles brought into this state in a wrecked or damaged condition or after
146 being towed as an abandoned vehicle pursuant to another state's abandoned motor vehicle
147 procedures shall, in lieu of the inspection required by subsection 10 of this section, be
148 inspected by the Missouri state highway patrol in accordance with subsection 9 of this
149 section. If the inspection reveals the vehicle to be in a salvage or junk condition, the director
150 shall so indicate on any Missouri certificate of ownership issued for such vehicle. Any
151 salvage designation shall be carried forward on all subsequently issued certificates of title for
152 the motor vehicle.
153 12. When an application is made for an original Missouri certificate of ownership for
154 a motor vehicle previously registered or titled in a state other than Missouri, and the
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155 certificate of ownership has been appropriately designated by the issuing state as a
156 reconstructed motor vehicle, motor change vehicle, specially constructed motor vehicle, or
157 prior salvage vehicle, the director of revenue shall appropriately designate on the current
158 Missouri and all subsequent issues of the certificate of ownership the name of the issuing state
159 and such prior designation. The absence of any prior designation shall not relieve a transferor
160 of the duty to exercise due diligence with regard to such certificate of ownership prior to the
161 transfer of a certificate. If a transferor exercises any due diligence with regard to a certificate
162 of ownership, the legal transfer of a certificate of ownership without any designation that is
163 subsequently discovered to have or should have had a designation shall be a transfer free and
164 clear of any liabilities of the transferor associated with the missing designation.
165 13. When an application is made for an original Missouri certificate of ownership for
166 a motor vehicle previously registered or titled in a state other than Missouri, and the
167 certificate of ownership has been appropriately designated by the issuing state as non-USA-
168 std motor vehicle, the director of revenue shall appropriately designate on the current
169 Missouri and all subsequent issues of the certificate of ownership the words "Non-USA-Std
170 Motor V ehicle".
171 14. The director of revenue and the superintendent of the Missouri state highway
172 patrol shall make and enforce rules for the administration of the inspections required by this
173 section.
174 15. Each application for an original Missouri certificate of ownership for a vehicle
175 which is classified as a reconstructed motor vehicle, manufactured forty or more years prior
176 to the current model year , and which has a value of three thousand dollars or less shall be
177 accompanied by:
178 (1) A proper af fidavit submitted by the owner explaining how the motor vehicle or
179 trailer was acquired and, if applicable, the reasons a valid certificate of ownership cannot be
180 furnished;
181 (2) Photocopies of receipts, bills of sale establishing ownership, or titles, and the
182 source of all major component parts used to rebuild the vehicle;
183 (3) A fee of one hundred fifty dollars in addition to the fees described in subsection 5
184 of this section. Such fee shall be deposited in the state treasury to the credit of the state
185 highways and transportation department fund; and
186 (4) An inspection certificate, other than a motor vehicle examination certificate
187 required under subsection 9 of this section, completed and issued by the Missouri state
188 highway patrol, or other law enforcement agency as authorized by the director of revenue.
189 The inspection performed by the highway patrol or other authorized local law enforcement
190 agency shall include a check for stolen vehicles.
191
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192 The department of revenue shall issue the owner a certificate of ownership designated with
193 the words "Reconstructed Motor V ehicle" and deliver such certificate of ownership in
194 accordance with the provisions of this chapter . Notwithstanding subsection 9 of this section,
195 no owner of a reconstructed motor vehicle described in this subsection shall be required to
196 obtain a vehicle examination certificate issued by the Missouri state highway patrol.
301.443. 1. Any legal resident of the state of Missouri who is a veteran of service in
2 the Armed Forces of the United States and has been honorably dischar ged from such service
3 and who is a former prisoner of war and any legal resident of the state of Missouri who is a
4 former prisoner of war and who was a United States citizen not in the Armed Forces of the
5 United States during such time is, upon filing an application for registration together with
6 such information and proof in the form of a statement from the United States V eterans
7 Administration or the Department of Defense or any other form of proof as the director may
8 require, entitled to receive annually one certificate of registration and one set of license plates
9 or other evidence of registration as provided in section 301.130 for a motor vehicle other than
10 a commercial motor vehicle licensed in excess of twenty-four thousand pounds gross weight.
11 There shall be no fee char ged for license plates issued under the provisions of this section.
12 2. Not more than one certificate of registration and one corresponding set of motor
13 vehicle license plates or other evidence of registration as provided in section 301.130 shall be
14 issued each year to a qualified former prisoner of war under this section.
15 3. Proof of ownership [ and vehicle inspection ] of the particular motor vehicle for
16 which a registration certificate and set of license plates is requested must be shown at the time
17 of application. Proof of status as a former prisoner of war as required in subsection 1 of this
18 section shall only be required on the initial application.
19 4. As used in this section, "former prisoner of war" means any person who was taken
20 as an enemy prisoner during W orld W ar I, W orld W ar II, the Korean Conflict, or the V ietnam
21 Conflict.
22 5. The director shall furnish each former prisoner of war obtaining a set of license
23 plates under the provisions of subsections 1 to 4 of this section special plates which shall have
24 the words "FORMER P .O.W ." on the license plates in preference to the words "SHOW -ME
25 ST A TE" as provided in section 301.130 in a form prescribed by the advisory committee
26 established in section 301.129. Such license plates shall be made with fully reflective
27 material, shall have a white background with a blue and red configuration at the discretion of
28 the advisory committee established in section 301.129, shall be clearly visible at night, and
29 shall be aesthetically attractive, as prescribed by section 301.130.
30 6. Registration certificates and license plates issued under the provisions of this
31 section shall not be transferable to any other person except that any registered co-owner of the
HCS SB 1020 47
32 motor vehicle will be entitled to operate the motor vehicle for the duration of the year licensed
33 in the event of the death of the qualified former prisoner of war .
34 7. (1) Notwithstanding the provisions of subsection 6 of this section to the contrary ,
35 the surviving spouse of a former prisoner of war who has not remarried and who has been
36 issued license plates described in subsection 5 of this section shall be entitled to transfer such
37 license plates to the motor vehicle of the surviving spouse and receive annually one certificate
38 of registration and one set of license plates or other evidence of registration as provided in
39 section 301.130 as if a former prisoner of war until remarriage. There shall be no fee char ged
40 for the transfer of such license plates.
41 (2) The department of revenue shall promulgate rules for the obtaining of a set of
42 license plates described in subsection 5 of this section by the surviving spouse of the former
43 prisoner of war when such license plates are not issued prior to the death of the former
44 prisoner of war . The surviving spouse shall be entitled to receive annually one certificate of
45 registration and one set of license plates or other evidence of registration as provided in
46 section 301.130 as if a former prisoner of war until remarriage. There shall be no fee char ged
47 for the license plates issued pursuant to this subdivision.
301.550. 1. The definitions contained in section 301.010 shall apply to sections
2 301.550 to 301.580, and in addition as used in sections 301.550 to 301.580, the following
3 terms mean:
4 (1) "Boat dealer", any natural person, partnership, or corporation who, for a
5 commission or with an intent to make a profit or gain of money or other thing of value, sells,
6 barters, exchanges, leases or rents with the option to purchase, of fers, attempts to sell, or
7 negotiates the sale of any vessel or vessel trailer , whether or not the vessel or vessel trailer is
8 owned by such person. The sale of [ six ] twelve or more vessels or vessel trailers or both in
9 any calendar year shall be required as evidence that such person is eligible for licensure as a
10 boat dealer under sections 301.550 to 301.580; except that, such sales requirements shall be
11 waived for entities also licensed as boat manufacturers under section 301.559 who custom
12 manufacture boats:
13 (a) For use with biological research and management equipment for fisheries; or
14 (b) For use with scientific sampling and for geological or chemistry purposes.
15
16 The boat dealer shall demonstrate eligibility for renewal of his license by selling [ six ] twelve
17 or more vessels or vessel trailers or both in the prior calendar year while licensed as a boat
18 dealer pursuant to sections 301.550 to 301.580;
19 (2) "Boat manufacturer", any person engaged in the manufacturing, assembling or
20 modification of new vessels or vessel trailers as a regular business, including a person,
HCS SB 1020 48
21 partnership or corporation which acts for and is under the control of a manufacturer or
22 assembly in connection with the distribution of vessels or vessel trailers;
23 (3) "Department", the Missouri department of revenue;
24 (4) "Director", the director of the Missouri department of revenue;
25 (5) "Emer gency vehicles", motor vehicles used as ambulances, law enforcement
26 vehicles, and fire fighting and assistance vehicles;
27 (6) "Manufacturer", any person engaged in the manufacturing, assembling or
28 modification of new motor vehicles or trailers as a regular business, including a person,
29 partnership or corporation which acts for and is under the control of a manufacturer or
30 assembly in connection with the distribution of motor vehicles or accessories for motor
31 vehicles;
32 (7) "Motor vehicle broker", a person who holds himself out through solicitation,
33 advertisement, or otherwise as one who of fers to arrange a transaction involving the retail sale
34 of a motor vehicle, and who is not:
35 (a) A dealer , or any agent, or any employee of a dealer when acting on behalf of a
36 dealer;
37 (b) A manufacturer , or any agent, or employee of a manufacturer when acting on
38 behalf of a manufacturer;
39 (c) The owner of the vehicle involved in the transaction; or
40 (d) A public motor vehicle auction or wholesale motor vehicle auction where buyers
41 are licensed dealers in this or any other jurisdiction;
42 (8) "Motor vehicle dealer" or "dealer", any person who, for commission or with an
43 intent to make a profit or gain of money or other thing of value, sells, barters, exchanges,
44 leases or rents with the option to purchase, or who of fers or attempts to sell or negotiates the
45 sale of motor vehicles or trailers whether or not the motor vehicles or trailers are owned by
46 such person; provided, however , an individual auctioneer or auction conducted by an
47 auctioneer licensed pursuant to chapter 343 shall not be included within the definition of a
48 motor vehicle dealer . The sale of [ eight ] twelve or more motor vehicles or trailers in any
49 calendar year shall be required as evidence that such person is engaged in the motor vehicle
50 business and is eligible for licensure as a motor vehicle dealer under sections 301.550 to
51 301.580. Any licensed motor vehicle dealer failing to meet the minimum vehicle sales
52 requirements as referenced in this subsection shall not be qualified to renew his or her license
53 for one year . T o be eligible for license renewal, applicants shall meet the minimum
54 requirement of [ eight ] twelve sales per year;
55 (9) "New motor vehicle", any motor vehicle being transferred for the first time from a
56 manufacturer , distributor or new vehicle dealer which has not been registered or titled in this
57 state or any other state and which is of fered for sale, barter or exchange by a dealer who is
HCS SB 1020 49
58 franchised to sell, barter or exchange that particular make of motor vehicle. The term "new
59 motor vehicle" shall not include manufactured homes, as defined in section 700.010;
60 (10) "New motor vehicle franchise dealer", any motor vehicle dealer who has been
61 franchised to deal in a certain make of motor vehicle by the manufacturer or distributor of that
62 make and motor vehicle and who may , in line with conducting his business as a franchise
63 dealer , sell, barter or exchange used motor vehicles;
64 (1 1) "Person" includes an individual, a partnership, corporation, an unincorporated
65 society or association, joint venture or any other entity;
66 (12) "Powersport dealer", any motor vehicle dealer who sells, either pursuant to a
67 franchise agreement or otherwise, primarily motor vehicles including but not limited to
68 motorcycles, all-terrain vehicles, and personal watercraft, as those terms are defined in this
69 chapter and chapter 306;
70 (13) "Public motor vehicle auction", any person, firm or corporation who takes
71 possession of a motor vehicle whether by consignment, bailment or any other arrangement,
72 except by title, for the purpose of selling motor vehicles at a public auction by a licensed
73 auctioneer;
74 (14) "Recreational motor vehicle dealer", a dealer of new or used motor vehicles
75 designed, constructed or substantially modified for use as temporary housing quarters,
76 including sleeping and eating facilities which are either permanently attached to the motor
77 vehicle or attached to a unit which is securely attached to the motor vehicle;
78 (15) "Storage lot", an area within the same city or county where a dealer may store
79 excess vehicle inventory;
80 (16) "T railer dealer", any person selling, either exclusively or otherwise, trailers as
81 defined in section 301.010. A trailer dealer may acquire a motor vehicle for resale only as a
82 trade-in for a trailer . Notwithstanding the provisions of section 301.010 and section 301.069,
83 trailer dealers may purchase one driveaway license plate to display such motor vehicle for
84 demonstration purposes. The sale of [ six ] twelve or more trailers in any calendar year shall
85 be required as evidence that such person is engaged in the trailer business and is eligible for
86 licensure as a trailer dealer under sections 301.550 to 301.580. Any licensed trailer dealer
87 failing to meet the minimum trailer and vehicle sales requirements as referenced in this
88 subsection shall not be qualified to renew his or her license for one year . Applicants who
89 reapply after the one-year period shall meet the requirement of [ six ] twelve sales per year;
90 (17) "Used motor vehicle", any motor vehicle which is not a new motor vehicle, as
91 defined in sections 301.550 to 301.580, and which has been sold, bartered, exchanged or
92 given away or which may have had a title issued in this state or any other state, or a motor
93 vehicle so used as to be what is commonly known as a secondhand motor vehicle. In the
94 event of an assignment of the statement of origin from an original franchise dealer to any
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95 individual or other motor vehicle dealer other than a new motor vehicle franchise dealer of the
96 same make, the vehicle so assigned shall be deemed to be a used motor vehicle and a
97 certificate of ownership shall be obtained in the assignee's name. The term "used motor
98 vehicle" shall not include manufactured homes, as defined in section 700.010;
99 (18) "Used motor vehicle dealer", any motor vehicle dealer who is not a new motor
100 vehicle franchise dealer;
101 (19) "V essel", every boat and watercraft defined as a vessel in section 306.010;
102 (20) "V essel trailer", any trailer , as defined by section 301.010 which is designed and
103 manufactured for the purposes of transporting vessels;
104 (21) "Wholesale motor vehicle auction", any person, firm or corporation in the
105 business of providing auction services solely in wholesale transactions at its established place
106 of business in which the purchasers are motor vehicle dealers licensed by this or any other
107 jurisdiction, and which neither buys, sells nor owns the motor vehicles it auctions in the
108 ordinary course of its business. Except as required by law with regard to the auction sale of a
109 government-owned motor vehicle, a wholesale motor vehicle auction shall not provide
110 auction services in connection with the retail sale of a motor vehicle;
111 (22) "Wholesale motor vehicle dealer", a motor vehicle dealer who sells motor
112 vehicles only to other new motor vehicle franchise dealers or used motor vehicle dealers or
113 via auctions limited to other dealers of any class.
114 2. For purposes of sections 301.550 to 301.580, neither the term motor vehicle nor the
115 term trailer shall include manufactured homes, as defined in section 700.010.
116 3. Dealers shall be divided into classes as follows:
117 (1) Boat dealers;
118 (2) Franchised new motor vehicle dealers;
119 (3) Used motor vehicle dealers;
120 (4) Wholesale motor vehicle dealers;
121 (5) Recreational motor vehicle dealers;
122 (6) Historic motor vehicle dealers;
123 (7) Classic motor vehicle dealers;
124 (8) Powersport dealers; and
125 (9) T railer dealers.
301.560. 1. In addition to the application forms prescribed by the department, each
2 applicant shall submit the following to the department:
3 (1) Every application other than a renewal application for a new motor vehicle
4 franchise dealer shall include a certification that the applicant has a bona fide established
5 place of business. Such application shall include an annual certification that the applicant has
6 a bona fide established place of business for the first three years and only for every other year
HCS SB 1020 51
7 thereafter . The certification shall be performed by a uniformed member of the Missouri state
8 highway patrol or authorized or designated employee stationed in the troop area in which the
9 applicant's place of business is located; except that in counties of the first classification,
10 certification may be performed by an of ficer of a metropolitan police department when the
11 applicant's established place of business of distributing or selling motor vehicles or trailers is
12 in the metropolitan area where the certifying metropolitan police of ficer is employed. When
13 the application is being made for licensure as a boat manufacturer or boat dealer , certification
14 shall be performed by a uniformed member of the Missouri state highway patrol or authorized
15 or designated employee stationed in the troop area in which the applicant's place of business
16 is located or , if the applicant's place of business is located within the jurisdiction of a
17 metropolitan police department in a first class county , by an of ficer of such metropolitan
18 police department. A bona fide established place of business for any new motor vehicle
19 franchise dealer , used motor vehicle dealer , boat dealer , powersport dealer , wholesale motor
20 vehicle dealer , trailer dealer , or wholesale or public auction shall be a permanent enclosed
21 building or structure, either owned in fee or leased and actually occupied as a place of
22 business by the applicant for the selling, bartering, trading, servicing, or exchanging of motor
23 vehicles, boats, personal watercraft, or trailers and wherein the public may contact the owner
24 or operator at any reasonable time, and wherein shall be kept and maintained the books,
25 records, files and other matters required and necessary to conduct the business. The applicant
26 shall maintain a working telephone number during the entire registration year which will
27 allow the public, the department, and law enforcement to contact the applicant during regular
28 business hours. The applicant shall also maintain an email address during the entire
29 registration year which may be used for of ficial correspondence with the department. In order
30 to qualify as a bona fide established place of business for all applicants licensed pursuant to
31 this section there shall be an exterior sign displayed carrying the name of the business set
32 forth in letters at least six inches in height and clearly visible to the public and there shall be
33 an area or lot which shall not be a public street on which multiple vehicles, boats, personal
34 watercraft, or trailers may be displayed. The sign shall contain the name of the dealership by
35 which it is known to the public through advertising or otherwise, which need not be identical
36 to the name appearing on the dealership's license so long as such name is registered as a
37 fictitious name with the secretary of state, has been approved by its line-make manufacturer
38 in writing in the case of a new motor vehicle franchise dealer and a copy of such fictitious
39 name registration has been provided to the department. Dealers who sell only emer gency
40 vehicles as defined in section 301.550 are exempt from maintaining a bona fide place of
41 business, including the related law enforcement certification requirements, and from meeting
42 the minimum yearly sales;
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43 (2) The initial application for licensure shall include a photograph, not to exceed eight
44 inches by ten inches but no less than five inches by seven inches, showing the business
45 building, lot, and sign. A new motor vehicle franchise dealer applicant who has purchased a
46 currently licensed new motor vehicle franchised dealership shall be allowed to submit a
47 photograph of the existing dealership building, lot and sign but shall be required to submit a
48 new photograph upon the installation of the new dealership sign as required by sections
49 301.550 to 301.580. Applicants shall not be required to submit a photograph annually unless
50 the business has moved from its previously licensed location, or unless the name of the
51 business or address has changed, or unless the class of business has changed;
52 (3) Every applicant as a new motor vehicle franchise dealer , a used motor vehicle
53 dealer , a powersport dealer , a wholesale motor vehicle dealer , trailer dealer , or boat dealer
54 shall furnish with the application a corporate surety bond or an irrevocable letter of credit as
55 defined in section 400.5-102, issued by any state or federal financial institution in the penal
56 sum of fifty thousand dollars on a form approved by the department. The bond or irrevocable
57 letter of credit shall be conditioned upon the dealer complying with the provisions of the
58 statutes applicable to new motor vehicle franchise dealers, used motor vehicle dealers,
59 powersport dealers, wholesale motor vehicle dealers, trailer dealers, and boat dealers, and the
60 bond shall be an indemnity for any loss sustained by reason of the acts of the person bonded
61 when such acts constitute grounds for the suspension or revocation of the dealer's license.
62 The bond shall be executed in the name of the state of Missouri for the benefit of all
63 aggrieved parties or the irrevocable letter of credit shall name the state of Missouri as the
64 beneficiary; except, that the aggregate liability of the surety or financial institution to the
65 aggrieved parties shall, in no event, exceed the amount of the bond or irrevocable letter of
66 credit. Additionally , every applicant as a new motor vehicle franchise dealer , a used motor
67 vehicle dealer , a powersport dealer , a wholesale motor vehicle dealer , or boat dealer shall
68 furnish with the application a copy of a current dealer garage policy bearing the policy
69 number and name of the insurer and the insured. The proceeds of the bond or irrevocable
70 letter of credit furnished by an applicant shall be paid upon receipt by the department of a
71 final judgment from a Missouri court of competent jurisdiction against the principal and in
72 favor of an aggrieved party . The proceeds of the bond or irrevocable letter of credit furnished
73 by an applicant shall be paid at the order of the department and in the amount determined by
74 the department to any buyer or interested lienholder up to the greater of the amount required
75 for the release of the purchase money lien or the sales price paid by the buyer where a dealer
76 has failed to fulfill the dealer's obligations under an agreement to assign and deliver title to
77 the buyer within thirty days under a contract entered into pursuant to subsection 5 of section
78 301.210. The department shall direct release of the bond or irrevocable letter of credit
79 proceeds upon presentation of a written agreement entered into pursuant to subsection 5 of
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80 section 301.210, copies of the associated sales and finance documents, and the af fidavit or
81 af fidavits of the buyer or lienholder stating that the certificate of title with assignment thereof
82 has not been passed to the buyer within thirty days of the date of the contract entered into
83 under subsection 5 of section 301.210, that the dealer has not fulfilled the agreement under
84 the contract to repurchase the vehicle, that the buyer or the lienholder has notified the dealer
85 of the claim on the bond or letter of credit, and the amount claimed by the purchaser or
86 lienholder . In addition, prior to directing release and payment of the proceeds of a bond or
87 irrevocable letter of credit, the department shall ensure that there is satisfactory evidence to
88 establish that the vehicle which is subject to the written agreement has been returned by the
89 buyer to the dealer or that the buyer has represented to the department that the buyer will
90 surrender possession of the vehicle to the dealer upon payment of the proceeds of the bond or
91 letter of credit directed by the department. Excepting ordinary wear and tear or mechanical
92 failures not caused by the buyer , the amount of proceeds to be paid to the buyer under the
93 bond or irrevocable letter of credit shall be reduced by an amount equivalent to any damage,
94 abuse, or destruction incurred by the vehicle while the vehicle was in the buyer's possession
95 as agreed between the buyer and the dealer . The dealer may apply to a court of competent
96 jurisdiction to contest the claim on the bond or letter of credit, including the amount of the
97 claim and the amount of any adjustment for any damage, abuse, or destruction, by filing a
98 petition with the court within thirty days of the notification by the buyer or lienholder . If the
99 dealer does not fulfill the agreement or file a petition to request judicial relief from the terms
100 of the agreement or contest the amount of the claim, the bond or letter of credit shall be
101 released by the department and directed paid in the amount or amounts presented by the
102 lienholder or buyer;
103 (4) Payment of all necessary license fees as established by the department. In
104 establishing the amount of the annual license fees, the department shall, as near as possible,
105 produce suf ficient total income to of fset operational expenses of the department relating to the
106 administration of sections 301.550 to 301.580. All fees payable pursuant to the provisions of
107 sections 301.550 to 301.580[ , other than those fees collected for the issuance of dealer plates
108 or certificates of number collected pursuant to subsection 6 of this section, ] shall be collected
109 by the department for deposit in the state treasury to the credit of the "Motor V ehicle
110 Commission Fund", which is hereby created. The motor vehicle commission fund shall be
111 administered by the Missouri department of revenue. The provisions of section 33.080 to the
112 contrary notwithstanding, money in such fund shall not be transferred and placed to the credit
113 of the general revenue fund until the amount in the motor vehicle commission fund at the end
114 of the biennium exceeds two times the amount of the appropriation from such fund for the
115 preceding fiscal year or , if the department requires permit renewal less frequently than yearly ,
116 then three times the appropriation from such fund for the preceding fiscal year . The amount,
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117 if any , in the fund which shall lapse is that amount in the fund which exceeds the multiple of
118 the appropriation from such fund for the preceding fiscal year .
119 2. In the event a new vehicle manufacturer , boat manufacturer , motor vehicle dealer ,
120 wholesale motor vehicle dealer , boat dealer , powersport dealer , wholesale motor vehicle
121 auction, trailer dealer , or a public motor vehicle auction submits an application for a license
122 for a new business and the applicant has complied with all the provisions of this section, the
123 department shall make a decision to grant or deny the license to the applicant within eight
124 working hours after receipt of the dealer's application, notwithstanding any rule of the
125 department.
126 3. Except as otherwise provided in subsection 6 of this section, upon the initial
127 issuance of a license by the department, the department shall assign a distinctive dealer
128 license number or certificate of number to the applicant and the department shall issue one
129 number plate or certificate bearing the distinctive dealer license number or certificate of
130 number and two additional number plates or certificates of number within eight working
131 hours after presentment of the application and payment by the applicant of a fee of fifty
132 dollars for the first plate , tab, or certificate and ten dollars and fifty cents for each additional
133 plate , tab, or certificate. Upon renewal, the department shall issue [ the distinctive dealer
134 license number or certificate of number ] a renewa l tab to be placed on the lower right
135 corner of the plate or certificate as quickly as possible. The issuance of such distinctive
136 dealer license number or certificate of number , and tab or tabs, shall be in lieu of registering
137 each motor vehicle, trailer , vessel or vessel trailer dealt with by a boat dealer , boat
138 manufacturer , manufacturer , public motor vehicle auction, wholesale motor vehicle dealer ,
139 wholesale motor vehicle auction or new or used motor vehicle dealer . The license plates
140 described in this section shall be made with fully reflective material with a common color
141 scheme and design, shall be clearly visible at night, and shall be aesthetically attractive, as
142 prescribed by section 301.130.
143 4. Notwithstanding any other provision of the law to the contrary , the department
144 shall assign the following distinctive dealer license numbers to:
145 New motor vehicle franchise dealers D-0 through D-999
146 New powersport dealers D-1000 through D-1999
147 Used motor vehicle and used powersport
148 dealers
D-2000 through D-9999
149 Wholesale motor vehicle dealers W -0 through W -1999
150 Wholesale motor vehicle auctions W A-0 through W A-999
151 New and used trailer dealers T -0 through T -9999
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152 Motor vehicle, trailer , and boat
153 manufacturers
DM-0 through DM-999
154 Public motor vehicle auctions A-0 through A-1999
155 Boat dealers M-0 through M-9999
156 New and used recreational motor vehicle
157 dealers
R V -0 through R V -999
158
159 For purposes of this subsection, qualified transactions shall include the purchase of salvage
160 titled vehicles by a licensed salvage dealer . A used motor vehicle dealer who also holds a
161 salvage dealer's license shall be allowed one additional plate or certificate number per fifty-
162 unit qualified transactions annually . In order for salvage dealers to obtain number plates or
163 certificates under this section, dealers shall submit to the department of revenue on August
164 first of each year a statement certifying, under penalty of perjury , the dealer's number of
165 purchases during the reporting period of July first of the immediately preceding year to June
166 thirtieth of the present year . The provisions of this subsection shall become ef fective on the
167 date the director of the department of revenue begins to reissue new license plates under
168 section 301.130, or on December 1, 2008, whichever occurs first. If the director of revenue
169 begins reissuing new license plates under the authority granted under section 301.130 prior to
170 December 1, 2008, the director of the department of revenue shall notify the revisor of
171 statutes of such fact.
172 5. Upon the sale of a currently licensed motor vehicle dealership the department shall,
173 upon request, authorize the new approved dealer applicant to retain the selling dealer's license
174 number and shall cause the new dealer's records to indicate such transfer . If the new approved
175 dealer applicant elects not to retain the selling dealer's license number , the department shall
176 issue the new dealer applicant a new dealer's license number and an equal number of plates or
177 certificates as the department had issued to the selling dealer .
178 6. In the case of motor vehicle dealers, the department shall issue one number plate
179 bearing the distinctive dealer license number and may issue one additional number plate to
180 the applicant upon payment by the dealer of a fifty dollar fee per plate for the number plate
181 bearing the distinctive dealer license number and ten dollars and fifty cents for the additional
182 number plate. [ The department may issue a third plate to the motor vehicle dealer upon
183 completion of the dealer's fifteenth qualified transaction and payment of a fee of ten dollars
184 and fifty cents. ] In the case of new motor vehicle manufacturers, powersport dealers,
185 recreational motor vehicle dealers, and trailer dealers, the department shall issue one number
186 plate bearing the distinctive dealer license number and may issue two additional number
187 plates to the applicant upon payment by the manufacturer or dealer of a fifty dollar fee for
HCS SB 1020 56
188 [ the ] each number plate bearing the distinctive dealer license number and ten dollars and fifty
189 cents for each additional number plate. Boat dealers and boat manufacturers shall be entitled
190 to one certificate of number bearing such number upon the payment of a fifty dollar fee.
191 Additional number plates and as many additional certificates of number may be obtained
192 upon payment of a fee of ten dollars and fifty cents for each additional plate or certificate.
193 New motor vehicle manufacturers shall not be issued or possess more than three hundred
194 forty-seven additional number plates or certificates of number annually . New and used motor
195 vehicle dealers, powersport dealers, wholesale motor vehicle dealers, boat dealers, and trailer
196 dealers are limited to one additional plate or certificate of number per ten-unit qualified
197 transactions annually . New and used recreational motor vehicle dealers are limited to two
198 additional plates or certificate of number per ten-unit qualified transactions annually for their
199 first fifty transactions and one additional plate or certificate of number per ten-unit qualified
200 transactions thereafter . An applicant seeking the issuance of an initial license shall indicate
201 on his or her initial application the applicant's proposed annual number of sales in order for
202 the director to issue the appropriate number of additional plates or certificates of number . A
203 motor vehicle dealer , trailer dealer , boat dealer , powersport dealer , recreational motor vehicle
204 dealer , motor vehicle manufacturer , boat manufacturer , or wholesale motor vehicle dealer
205 obtaining a distinctive dealer license plate or certificate of number or additional license plate
206 or additional certificate of number , throughout the calendar year , shall be required to pay a fee
207 for such license plates or certificates of number computed on the basis of one-twelfth of the
208 full fee prescribed for the original and duplicate number plates or certificates of number for
209 such dealers' licenses, multiplied by the number of months remaining in the licensing period
210 for which the dealer or manufacturers shall be required to be licensed. In the event of a
211 renewing dealer , the fee due at the time of renewal shall not be prorated. Wholesale and
212 public auctions shall be issued a certificate of dealer registration in lieu of a dealer number
213 plate. In order for dealers to obtain number plates or certificates under this section, dealers
214 shall submit to the department of revenue on August first of each year a statement certifying,
215 under penalty of perjury , the dealer's number of sales during the [ reporting period of July first
216 of the immediately preceding year to June thirtieth of the present year ] last calendar year of
217 the prev ious license period .
218 7. The plates issued pursuant to subsection 3 or 6 of this section may be displayed on
219 any motor vehicle owned by a new motor vehicle manufacturer . The plates issued pursuant to
220 subsection 3 or 6 of this section may be displayed on any motor vehicle or trailer owned and
221 held for resale by a motor vehicle dealer for use by a customer who is test driving the motor
222 vehicle, for use by any customer while the customer's vehicle is being serviced or repaired by
223 the motor vehicle dealer , for use and display purposes during, but not limited to, parades,
224 private events, charitable events, or for use by an employee or of ficer , but shall not be
HCS SB 1020 57
225 displayed on any motor vehicle or trailer hired or loaned to others or upon any regularly used
226 service or wrecker vehicle. Motor vehicle dealers may display their dealer plates on a tractor ,
227 truck or trailer to demonstrate a vehicle under a loaded condition. T railer dealers may display
228 their dealer license plates in like manner , except such plates may only be displayed on trailers
229 owned and held for resale by the trailer dealer .
230 8. The certificates of number issued pursuant to subsection 3 or 6 of this section may
231 be displayed on any vessel or vessel trailer owned and held for resale by a boat manufacturer
232 or a boat dealer , and used by a customer who is test driving the vessel or vessel trailer , or is
233 used by an employee or of ficer on a vessel or vessel trailer only , but shall not be displayed on
234 any motor vehicle owned by a boat manufacturer , boat dealer , or trailer dealer , or vessel or
235 vessel trailer hired or loaned to others or upon any regularly used service vessel or vessel
236 trailer . Boat dealers and boat manufacturers may display their certificate of number on a
237 vessel or vessel trailer when transporting a vessel or vessels to an exhibit or show .
238 9. If any law enforcement of ficer has probable cause to believe that any license plate
239 or certificate of number issued under subsection 3 or 6 of this section is being misused in
240 violation of subsection 7 or 8 of this section, the license plate or certificate of number may be
241 seized and surrendered to the department.
242 10. (1) Every application for the issuance of a used motor vehicle dealer's license
243 shall be accompanied by proof that the applicant, within the last twelve months, has
244 completed an educational seminar course approved by the department as prescribed by
245 subdivision (2) of this subsection. Wholesale and public auto auctions and applicants
246 currently holding a new or used license for a separate dealership shall be exempt from the
247 requirements of this subsection. The provisions of this subsection shall not apply to current
248 new motor vehicle franchise dealers or motor vehicle leasing agencies or applicants for a new
249 motor vehicle franchise or a motor vehicle leasing agency . The provisions of this subsection
250 shall not apply to used motor vehicle dealers who were licensed prior to August 28, 2006.
251 (2) The educational seminar shall include, but is not limited to, the dealer
252 requirements of sections 301.550 to 301.580, the rules promulgated to implement, enforce,
253 and administer sections 301.550 to 301.580, and any other rules and regulations promulgated
254 by the department.
301.570. 1. It shall be unlawful for any person, partnership, corporation, company or
2 association, unless the seller is a financial institution, or is selling repossessed motor vehicles
3 or is disposing of vehicles used and titled solely in its ordinary course of business or is a
4 collector of antique motor vehicles, to sell or display with an intent to sell [ six ] twelve or
5 more motor vehicles in a calendar year , except when such motor vehicles are registered in the
6 name of the seller , unless such person, partnership, corporation, company or association is:
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7 (1) Licensed as a motor vehicle dealer by the department under the provisions of
8 sections 301.550 to 301.580;
9 (2) Exempt from licensure as a motor vehicle dealer pursuant to subsection 4 of
10 section 301.559;
11 (3) Selling commercial motor vehicles with a gross weight of at least nineteen
12 thousand five hundred pounds, but only with respect to such commercial motor vehicles;
13 (4) An auctioneer , acting at the request of the owner at an auction, when such auction
14 is not a public motor vehicle auction.
15 2. Any person, partnership, corporation, company or association that has reason to
16 believe that the provisions of this section are being violated shall file a complaint with the
17 prosecuting attorney in the county in which the violation occurred. The prosecuting attorney
18 shall investigate the complaint and take appropriate action.
19 3. For the purposes of sections 301.550 to 301.580, the sale, barter , exchange, lease or
20 rental with option to purchase of [ six ] twelve or more motor vehicles in a calendar year by
21 any person, partnership, corporation, company or association, whether or not the motor
22 vehicles are owned by them, shall be prima facie evidence of intent to make a profit or gain of
23 money and such person, partnership, corporation, company or association shall be deemed to
24 be acting as a motor vehicle dealer without a license.
25 4. Any person, partnership, corporation, company or association who violates
26 subsection 1 of this section is guilty of a class A misdemeanor . A second or subsequent
27 conviction shall be deemed a class E felony .
28 5. The provisions of this section shall not apply to liquidation of an estate.
301.600. 1. Unless excepted by section 301.650, a lien or encumbrance on a motor
2 vehicle or trailer , as defined by section 301.010, is not valid against subsequent transferees or
3 lienholders of the motor vehicle or trailer who took without knowledge of the lien or
4 encumbrance unless the lien or encumbrance is perfected as provided in sections 301.600 to
5 301.660.
6 2. Subject to the provisions of section 301.620, a lien or encumbrance on a motor
7 vehicle or trailer is perfected by the delivery to the director of revenue of a notice of a lien in a
8 format as prescribed by the director of revenue. The notice of lien is perfected as of the time
9 of its creation if the delivery of such notice to the director of revenue is completed within
10 thirty days thereafter , otherwise as of the time of the delivery . A notice of lien shall contain
11 the [ name ] full legal name as req uired under subdivision (2) of subsection 1 of section
12 301.020 and address of the owner of the motor vehicle or trailer and the secured party , a
13 description of the motor vehicle or trailer , including the vehicle identification number , and
14 such other information as the department of revenue may prescribe. A notice of lien
15 substantially complying with the requirements of this section is ef fective even though it
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16 contains minor errors which are not seriously misleading. Provided the lienholder submits
17 complete and legible documents, the director of revenue shall mail confirmation or
18 electronically confirm receipt of such notice of lien to the lienholder as soon as possible, but
19 no later than fifteen business days after the filing of the notice of lien.
20 3. Notwithstanding the provisions of section 301.620, on a refinance by a dif ferent
21 lender of a prior loan secured by a motor vehicle or trailer a lien is perfected by the delivery to
22 the director of revenue of a notice of lien completed by the refinancing lender in a format
23 prescribed by the director of revenue.
24 4. T o perfect a subordinate lien, the notice of lien must be accompanied by the
25 documents required to be delivered to the director pursuant to subdivision (3) of section
26 301.620.
27 5. Liens may secure future advances. The future advances may be evidenced by one
28 or more notes or other documents evidencing indebtedness and shall not be required to be
29 executed or delivered prior to the date of the future advance lien securing them. The fact that
30 a lien may secure future advances shall be clearly stated on the security agreement and noted
31 as "subject to future advances" on the notice of lien and noted on the certificate of ownership
32 if the motor vehicle or trailer is subject to only one notice of lien. T o secure future advances
33 when an existing lien on a motor vehicle or trailer does not secure future advances, the
34 lienholder shall file a notice of lien reflecting the lien to secure future advances. A lien to
35 secure future advances is perfected in the same time and manner as any other lien, except as
36 follows: proof of the lien for future advances is maintained by the department of revenue;
37 however , there shall be additional proof of such lien when the notice of lien reflects such lien
38 for future advances, is receipted for by the department of revenue, and returned to the
39 lienholder .
40 6. If a motor vehicle or trailer is subject to a lien or encumbrance when brought into
41 this state, the validity and ef fect of the lien or encumbrance is determined by the law of the
42 jurisdiction where the motor vehicle or trailer was when the lien or encumbrance attached,
43 subject to the following:
44 (1) If the parties understood at the time the lien or encumbrance attached that the
45 motor vehicle or trailer would be kept in this state and it was brought into this state within
46 thirty days thereafter for purposes other than transportation through this state, the validity and
47 ef fect of the lien or encumbrance in this state is determined by the law of this state;
48 (2) If the lien or encumbrance was perfected pursuant to the law of the jurisdiction
49 where the motor vehicle or trailer was when the lien or encumbrance attached, the following
50 rules apply:
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51 (a) If the name of the lienholder is shown on an existing certificate of title or
52 ownership issued by that jurisdiction, the lien or encumbrance continues perfected in this
53 state;
54 (b) If the name of the lienholder is not shown on an existing certificate of title or
55 ownership issued by that jurisdiction, the lien or encumbrance continues perfected in this state
56 three months after a first certificate of ownership of the motor vehicle or trailer is issued in
57 this state, and also thereafter if, within the three-month period, it is perfected in this state.
58
59 The lien or encumbrance may also be perfected in this state after the expiration of the three-
60 month period; in that case perfection dates from the time of perfection in this state;
61 (3) If the lien or encumbrance was not perfected pursuant to the law of the jurisdiction
62 where the motor vehicle or trailer was when the lien or encumbrance attached, it may be
63 perfected in this state; in that case perfection dates from the time of perfection in this state;
64 (4) A lien or encumbrance may be perfected pursuant to paragraph (b) of subdivision
65 (2) or subdivision (3) of this subsection either as provided in subsection 2 or 4 of this section
66 or by the lienholder delivering to the director of revenue a notice of lien or encumbrance in
67 the form the director of revenue prescribes and the required fee.
68 7. By rules and regulations, the director of revenue shall establish a security
69 procedure for the purpose of verifying that an electronic notice of lien or notice of satisfaction
70 of a lien on a motor vehicle or trailer given as permitted in sections 301.600 to 301.640 is that
71 of the lienholder , verifying that an electronic notice of confirmation of ownership and
72 perfection of a lien given as required in section 301.610 is that of the director of revenue, and
73 detecting error in the transmission or the content of any such notice. A security procedure
74 may require the use of algorithms or other codes, identifying words or numbers, encryption,
75 callback procedures or similar security devices. Comparison of a signature on a
76 communication with an authorized specimen signature shall not by itself be a security
77 procedure.
302.170. 1. As used in this section, the following terms shall mean:
2 (1) "Biometric data" shall include, but not be limited to, the following:
3 (a) V oice data used for comparing live speech with a previously created speech model
4 of a person's voice;
5 (b) Iris recognition data containing color or texture patterns or codes;
6 (c) Retinal scans, reading through the pupil to measure blood vessels lining the retina;
7 (d) Fingerprint, palm prints, hand geometry , measure of any and all characteristics of
8 biometric information, including shape and length of fingertips, or recording ridge pattern or
9 fingertip characteristics;
10 (e) Characteristic gait or walk;
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11 (f) DNA;
12 (g) Keystroke dynamic, measuring pressure applied to key pads or other digital
13 receiving devices;
14 (2) "Commercial purposes" shall not include data used or compiled solely to be used
15 for , or obtained or compiled solely for purposes expressly allowed under Missouri law or the
16 federal Drivers Privacy Protection Act;
17 (3) "Source documents", original or certified copies, where applicable, of documents
18 presented by an applicant as required under 6 CFR Part 37 to the department of revenue to
19 apply for a [ driver's ] driver license or [ nondriver's ] nondriver license. Source documents
20 shall also include any documents required for the issuance of [ driver's ] driver licenses or
21 [ nondriver's ] nondriver licenses by the department of revenue under the provisions of this
22 chapter or accompanying regulations.
23 2. Except as provided in subsection 3 of this section and as required to carry out the
24 provisions of subsection 4 of this section, the department of revenue shall not retain copies, in
25 any format, of source documents presented by individuals applying for or holding [ driver's ]
26 driver licenses or [ nondriver's ] nondriver licenses or use technology to capture digital
27 images of source documents so that the images are capable of being retained in electronic
28 storage in a transferable format.
29 3. The provisions of this section shall not apply to:
30 (1) Original application forms, which may be retained but not scanned except as
31 provided in this section;
32 (2) T est score documents issued by state highway patrol driver examiners and
33 Missouri commercial third-party tester examiners;
34 (3) Documents demonstrating lawful presence of any applicant who is not a citizen of
35 the United States, including documents demonstrating duration of the person's lawful
36 presence in the United States;
37 (4) Any document required to be retained under federal motor carrier regulations in
38 T itle 49, Code of Federal Regulations, including but not limited to documents required by
39 federal law for the issuance of a commercial [ driver's ] driver license and a commercial driver
40 instruction permit;
41 (5) Documents submitted by a commercial [ driver's ] driver license or commercial
42 [ driver's ] driver instruction permit applicant who is a Missouri resident and is a qualified
43 current or former military service member which allow for waiver of the commercial
44 [ driver's ] driver license knowledge test, skills test, or both; and
45 (6) Any other document at the request of and for the convenience of the applicant.
46 4. (1) T o the extent not prohibited under subsection 13 of this section, the department
47 of revenue shall amend procedures for applying for a [ driver's ] driver license or identification
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48 card in order to comply with the goals or standards of the federal REAL ID Act of 2005, any
49 rules or regulations promulgated under the authority granted in such Act, or any requirements
50 adopted by the American Association of Motor V ehicle Administrators for furtherance of the
51 Act, unless such action conflicts with Missouri law .
52 (2) The department of revenue shall issue [ driver's ] driver licenses or identification
53 cards that are compliant with the federal REAL ID Act of 2005, as amended, to all applicants
54 for [ driver's ] driver licenses or identification cards unless an applicant requests a [ driver's ]
55 driver license or identification card that is not REAL ID compliant. Except as provided in
56 subsection 3 of this section and as required to carry out the provisions of this subsection, the
57 department of revenue shall not retain the source documents of individuals applying for
58 [ driver's ] driver licenses or identification cards not compliant with REAL ID. Upon initial
59 application for a [ driver's ] driver license or identification card, the department shall inform
60 applicants of the option of being issued a REAL ID compliant [ driver's ] driver license or
61 identification card or a [ driver's ] driver license or identification card that is not compliant
62 with REAL ID. The department shall inform all applicants:
63 (a) W ith regard to the REAL ID compliant [ driver's ] driver license or identification
64 card:
65 a. Such card is valid for official state purposes and for of ficial federal purposes as
66 outlined in the federal REAL ID Act of 2005, as amended, such as domestic air travel and
67 seeking access to military bases and most federal facilities;
68 b. Electronic copies of source documents will be retained by the department [ and
69 destroyed after the minimum time required for digital retention by the federal REAL ID Act
70 of 2005, as amended ]; and
71 c. The facial image capture will only be retained by the department if the application
72 is finished and submitted to the department; [and
73 d. Any other information the department deems necessary to inform the applicant
74 about the REAL ID compliant driver's license or identification card under the federal REAL
75 ID Act;]
76 (b) W ith regard to a [ driver's ] driver license or identification card that is not
77 compliant with the federal REAL ID Act:
78 a. Such card is valid for of ficial state purposes, but it is not valid for of ficial federal
79 purposes as outlined in the federal REAL ID Act of 2005, as amended, such as domestic air
80 travel and seeking access to military bases and most federal facilities;
81 b. Source documents will be verified [ but no copies of ] and such documents will be
82 retained by the department [ unless permitted under subsection 3 of this section, except as
83 necessary to process a request by a license or card holder or applicant ];
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84 c. Any other information the department deems necessary to inform the applicant
85 about the [ driver's ] driver license or identification card.
86 5. The department of revenue shall not use, collect, obtain, share, or retain biometric
87 data nor shall the department use biometric technology to produce a [ driver's ] driver license
88 or [ nondriver's ] nondriver license or to uniquely identify licensees or license applicants.
89 This subsection shall not apply to digital images nor licensee signatures required for the
90 issuance of [ driver's ] driver licenses and [ nondriver's ] nondriver licenses or for the use of
91 software for purposes of combating fraud, or to biometric data collected from employees of
92 the department of revenue, employees of the of fice of administration who provide
93 information technology support to the department of revenue, contracted license offices,
94 and contracted manufacturers engaged in the production, processing, or manufacture of
95 [ driver's ] driver licenses or identification cards in positions which require a background
96 check in order to be compliant with the federal REAL ID Act or any rules or regulations
97 promulgated under the authority of such Act. Except as otherwise provided by law ,
98 applicants' source documents and Social Security numbers shall not be stored in any database
99 accessible by any other state or the federal government. Such database shall contain only the
100 data fields included on [ driver's ] driver licenses and nondriver identification cards compliant
101 with the federal REAL ID Act, and the driving records of the individuals holding such
102 [ driver's ] driver licenses and nondriver identification cards.
103 6. Notwithstanding any provision of this chapter that requires an applicant to provide
104 reasonable proof of lawful presence for issuance or renewal of a noncommercial [ driver's ]
105 driver license, noncommercial instruction permit, or a [ nondriver's ] nondriver license, an
106 applicant shall not have his or her privacy rights violated in order to obtain or renew a
107 Missouri noncommercial [ driver's ] driver license, noncommercial instruction permit, or a
108 [ nondriver's ] nondriver license.
109 7. No citizen of this state shall have his or her privacy compromised by the state or
110 agents of the state. The state shall within reason protect the sovereignty of the citizens the
111 state is entrusted to protect. Any data derived from a person's application shall not be sold for
112 commercial purposes to any other or ganization or any other state without the express
113 permission of the applicant without a court order; except such information may be shared
114 with a law enforcement agency , judge, prosecuting attorney , or of ficer of the court, or with
115 another state for the limited purposes set out in section 302.600, or for the purposes set forth
116 in section 32.091, or for conducting driver history checks in compliance with the Motor
117 Carrier Safety Improvement Act, 49 U.S.C. Section 31309. The state of Missouri shall
118 protect the privacy of its citizens when handling any written, digital, or electronic data, and
119 shall not participate in any standardized identification system using [ driver's ] driver and
120 [ nondriver's ] nondriver license records except as provided in this section.
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121 8. Other than to process a request by a license or card holder or applicant, no person
122 shall knowingly access, distribute, or allow access to or distribution of any written, digital, or
123 electronic data collected or retained under this section without the express permission of the
124 applicant or a court order , except that such information may be shared with a law enforcement
125 agency , judge, prosecuting attorney , or of ficer of the court, or with another state for the
126 limited purposes set out in section 302.600 or for conducting driver history checks in
127 compliance with the Motor Carrier Safety Improvement Act, 49 U.S.C. Section 31309. A
128 first violation of this subsection shall be a class A misdemeanor . A second violation of this
129 subsection shall be a class E felony . A third or subsequent violation of this subsection shall
130 be a class D felony .
131 9. Any person harmed or damaged by any violation of this section may bring a civil
132 action for damages, including noneconomic and punitive damages, as well as injunctive
133 relief, in the circuit court where that person resided at the time of the violation or in the circuit
134 court of Cole County to recover such damages from the department of revenue and any
135 persons participating in such violation. Sovereign immunity shall not be available as a
136 defense for the department of revenue in such an action. In the event the plaintif f prevails on
137 any count of his or her claim, the plaintif f shall be entitled to recover reasonable attorney fees
138 from the defendants.
139 10. The department of revenue may promulgate rules necessary to implement the
140 provisions of this section. Any rule or portion of a rule, as that term is defined in section
141 536.010, that is created under the authority delegated in this section shall become ef fective
142 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable,
143 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
144 vested with the general assembly pursuant to chapter 536 to review , to delay the ef fective
145 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant
146 of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be
147 invalid and void.
148 1 1. Biometric data, digital images, source documents, and licensee signatures, or any
149 copies of the same, required to be collected or retained to comply with the requirements of the
150 federal REAL ID Act of 2005 shall be digitally retained for no longer than the minimum
151 duration required to maintain compliance, and immediately thereafter shall be securely
152 destroyed so as to make them irretrievable.
153 12. No agency , department, or of ficial of this state or of any political subdivision
154 thereof shall use, collect, obtain, share, or retain radio frequency identification data from a
155 REAL ID compliant [ driver's ] driver license or identification card issued by a state, nor use
156 the same to uniquely identify any individual.
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157 13. Notwithstanding any provision of law to the contrary , the department of revenue
158 shall not amend procedures for applying for a [ driver's ] driver license or identification card,
159 nor promulgate any rule or regulation, for purposes of complying with modifications made to
160 the federal REAL ID Act of 2005 after August 28, 2017, imposing additional requirements on
161 applications, document retention, or issuance of compliant licenses or cards, including any
162 rules or regulations promulgated under the authority granted under the federal REAL ID Act
163 of 2005, as amended, or any requirements adopted by the American Association of Motor
164 V ehicle Administrators for furtherance thereof.
165 14. If the federal REAL ID Act of 2005 is modified or repealed such that [ driver's ]
166 driver licenses and identification cards issued by this state that are not compliant with the
167 federal REAL ID Act of 2005 are once again suf ficient for federal identification purposes, the
168 department shall not issue a [ driver's ] driver license or identification card that complies with
169 the federal REAL ID Act of 2005 and shall securely destroy , within thirty days, any source
170 documents retained by the department for the purpose of compliance with such Act.
302.177. 1. T o all applicants for a license or renewal to transport persons or property
2 classified in section 302.015 who are at least twenty-one years of age and under the age of
3 seventy , and who submit a satisfactory application and meet the requirements of sections
4 302.010 to 302.605, the director shall issue or renew such license; except that no license shall
5 be issued if an applicant's license is currently suspended, cancelled, revoked, disqualified, or
6 deposited in lieu of bail. Such license shall expire on the applicant's birthday in the sixth year
7 of issuance, unless the license must be issued for a shorter period due to other requirements of
8 law or for transition or staggering of work as determined by the director . The license must be
9 renewed on or before the date of expiration, which date shall be shown on the license.
10 2. T o all applicants for a license or renewal to transport persons or property classified
11 in section 302.015 who are less than twenty-one years of age or greater than sixty-nine years
12 of age, and who submit a satisfactory application and meet the requirements of sections
13 302.010 to 302.605, the director shall issue or renew such license; except that no license shall
14 be issued if an applicant's license is currently suspended, cancelled, revoked, disqualified, or
15 deposited in lieu of bail. Such license shall expire on the applicant's birthday in the third year
16 of issuance, unless the license must be issued for a shorter period due to other requirements of
17 law or for transition or staggering of work as determined by the director . The license must be
18 renewed on or before the date of expiration, which date shall be shown on the license. A
19 license issued under this section to an applicant who is over the age of seventy-four and
20 contains a school bus endorsement shall not be issued for a period that exceeds two years.
21 3. T o all other applicants for a license or renewal of a license who are at least twenty-
22 one years of age and under the age of seventy , and who submit a satisfactory application and
23 meet the requirements of sections 302.010 to 302.605, the director shall issue or renew such
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24 license; except that no license shall be issued if an applicant's license is currently suspended,
25 cancelled, revoked, disqualified, or deposited in lieu of bail. Such license shall expire on the
26 applicant's birthday in the sixth year of issuance, unless the license must be issued for a
27 shorter period due to other requirements of law or for transition or staggering of work as
28 determined by the director . The license must be renewed on or before the date of expiration,
29 which date shall be shown on the license.
30 4. T o all other applicants for a license or renewal of a license who are less than
31 twenty-one years of age or greater than sixty-nine years of age, and who submit a satisfactory
32 application and meet the requirements of sections 302.010 to 302.605, the director shall issue
33 or renew such license; except that no license shall be issued if an applicant's license is
34 currently suspended, cancelled, revoked, disqualified, or deposited in lieu of bail. Such
35 license shall expire on the applicant's birthday in the third year of issuance, unless the license
36 must be issued for a shorter period due to other requirements of law or for transition or
37 staggering of work as determined by the director . The license must be renewed on or before
38 the date of expiration, which date shall be shown on the license.
39 5. The fee for a license issued for a period which exceeds three years under
40 subsection 1 of this section shall be thirty dollars.
41 6. The fee for a license issued for a period of three years or less under subsection 2 of
42 this section shall be fifteen dollars, except that the fee for a license issued for one year or less
43 which contains a school bus endorsement shall be five dollars, except renewal fees shall be
44 waived for applicants seventy-five years of age or older seeking school bus endorsements.
45 7. The fee for a license issued for a period which exceeds three years under
46 subsection 3 of this section shall be fifteen dollars.
47 8. The fee for a license issued for a period of three years or less under subsection 4 of
48 this section shall be seven dollars and fifty cents.
49 9. Beginning July 1, 2005, the director shall not issue a driver's license for a period
50 that exceeds an applicant's lawful presence in the United States. The director may establish
51 procedures to verify the lawful presence of the applicant and establish the duration of any
52 driver's license issued under this section.
53 10. Notwithstanding any prov ision of law to the contrary , all online license
54 r enewal submissions shall have an option to be electr onically forwarded to the local
55 department of revenu e fee office of the applicant's pr efer ence and shall be process ed
56 only by the local fee office so designated. For purposes of this section, "local department
57 of reve nue fee office" means an entity awarded a fee office contract by the department
58 of revenu e under section 136.055.
59 1 1. The director of revenue may adopt any rules and regulations necessary to carry
60 out the provisions of this section. No rule or portion of a rule promulgated pursuant to the
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61 authority of this section shall become ef fective unless it has been promulgated pursuant to the
62 provisions of chapter 536.
307.350. 1. The owner of every [motor vehicle as defined in section 301.010 which
2 is required to be registered in this state, except:
3 (1) Motor vehicles having less than one hundred fifty thousand miles, for the ten-year
4 period following their model year of manufacture, excluding prior] salvage [ vehicles ] vehicle ,
5 as defined in section 301.010, immediately following [ a ] the salvage examination and
6 rebuilding process and [ vehicles ] the owner of every motor vehicle subject to the provisions
7 of section 307.380[;
8 (2) Those motor vehicles which are engaged in interstate commerce and are
9 proportionately registered in this state with the Missouri highway reciprocity commission,
10 although the owner may request that such vehicle be inspected by an of ficial inspection
11 station, and a peace of ficer may stop and inspect such vehicles to determine whether the
12 mechanical condition is in compliance with the safety regulations established by the United
13 States Department of T ransportation; and
14 (3) Historic motor vehicles registered pursuant to section 301.131;
15 (4) V ehicles registered in excess of twenty-four thousand pounds for a period of less
16 than twelve months;]
17
18 shall submit such vehicles to [ a biennial ] an inspection of their mechanism and equipment in
19 accordance with the provisions of sections 307.350 to 307.390 and obtain a certificate of
20 inspection and approval and a sticker , seal, electr onic r ecord, or other device from a duly
21 authorized of ficial inspection station. The inspection, except the inspection of school buses
22 which shall be made at the time provided in section 307.375, shall be made at the time
23 prescribed in the rules and regulations issued by the superintendent of the Missouri state
24 highway patrol[; but the inspection of a vehicle shall not be made more than sixty days prior
25 to the date of application for registration or within sixty days of when a vehicle's registration
26 is transferred; however , if a vehicle was purchased from a motor vehicle dealer and a valid
27 inspection had been made within sixty days of the purchase date, the new owner shall be able
28 to utilize an inspection performed within ninety days prior to the application for registration
29 or transfer . Any vehicle manufactured as an even-numbered model year vehicle shall be
30 inspected and approved pursuant to the safety inspection program established pursuant to
31 sections 307.350 to 307.390 in each even-numbered calendar year and any such vehicle
32 manufactured as an odd-numbered model year vehicle shall be inspected and approved
33 pursuant to sections 307.350 to 307.390 in each odd-numbered year]. The certificate of
34 inspection and approval shall be a sticker , seal, electr onic reco rd, or other device or
35 combination thereof, as the superintendent of the Missouri state highway patrol prescribes by
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36 regulation [ and shall be displayed upon the motor vehicle or trailer as prescribed by the
37 regulations established by him ]. The replacement of certificates of inspection and approval
38 which are lost or destroyed shall be made by the superintendent of the Missouri state highway
39 patrol under regulations prescribed by [ him ] the superintendent .
40 2. For the purpose of obtaining an inspection only , it shall be lawful to operate a
41 vehicle over the most direct route between the owner's usual place of residence and an
42 inspection station of such owner's choice, notwithstanding the fact that the vehicle does not
43 have a current state registration license. It shall also be lawful to operate such a vehicle from
44 an inspection station to another place where repairs may be made and to return the vehicle to
45 the inspection station notwithstanding the absence of a current state registration license.
46 3. No person whose motor vehicle was duly inspected and approved as provided in
47 this section shall be required to have the same motor vehicle again inspected and approved for
48 the sole reason that such person wishes to obtain a set of any special personalized license
49 plates available pursuant to section 301.144 or a set of any license plates available pursuant to
50 section 301.142, prior to the expiration date of such motor vehicle's current registration.
51 4. Notwithstanding any provi sion of law to the contrary , a valid safety inspection
52 shall be req uired for all regist ration issuances and r enewals of a motor vehicle subject to
53 safety inspection under this section.
54 5. Notwithstanding the provisions of section 307.390, violation of this section shall
55 be deemed an infraction.
307.365. 1. No permit for an official inspection station shall be assigned or
2 transferred or used at any location other than therein designated and every permit shall be
3 posted in a conspicuous place at the location designated. The superintendent of the Missouri
4 state highway patrol shall design and furnish each of ficial inspection station, at no cost, one
5 of ficial sign made of metal or other durable material to be displayed in a conspicuous location
6 to designate the station as an of ficial inspection station. Additional signs may be obtained by
7 an of ficial inspection station for a fee equal to the cost to the state. Each inspection station
8 shall also be supplied with one or more posters which must be displayed in a conspicuous
9 location at the place of inspection and which informs the public that required repairs or
10 corrections need not be made at the inspection station.
11 2. No person operating an of ficial inspection station pursuant to the provisions of
12 sections 307.350 to 307.390 may issue a certificate of inspection and approval for any vehicle
13 except upon an of ficial form furnished by the superintendent of the Missouri state highway
14 patrol for that purpose and only after inspecting the vehicle and determining that its brakes,
15 lighting equipment, signaling devices, steering mechanisms, horns, mirrors, windshield
16 wipers, tires, wheels, exhaust system, glazing, air pollution control devices, fuel system and
17 any other safety equipment as required by the state are in proper condition and adjustment to
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18 be operated upon the public highways of this state with safety to the driver or operator , other
19 occupants therein, as well as other persons and property upon the highways, as provided by
20 sections 307.350 to 307.390 and the regulations prescribed by the superintendent of the
21 Missouri state highway patrol. Brakes may be inspected for safety by means of visual
22 inspection or computerized brake testing. No person operating an of ficial inspection station
23 shall furnish, loan, give or sell a certificate of inspection and approval to any other person
24 except those entitled to receive it under provisions of sections 307.350 to 307.390. No person
25 shall have in such person's possession any certificate of inspection and approval and/or
26 inspection sticker with knowledge that the certificate and/or inspection sticker has been
27 illegally purchased, stolen or counterfeited.
28 3. The superintendent of the Missouri state highway patrol may require official ly
29 designated stations to furnish reports upon forms furnished by the superintendent for that
30 purpose as the superintendent considers reasonably necessary for the proper and ef ficient
31 administration of sections 307.350 to 307.390.
32 4. If, upon inspection, defects or unsafe conditions are found, the owner may correct
33 them or shall have them corrected at any place the owner chooses within twenty days after the
34 defect or unsafe condition is found, and shall have the right to remove the vehicle to such
35 place for correction, but before the vehicle is operated thereafter upon the public highways of
36 this state, a certificate of inspection and approval must be obtained. The inspecting personnel
37 of the of ficial inspection station must inform the owner that the corrections need not be made
38 at the inspection station.
39 5. A fee, not to exceed twelve dollars, as determined by each of ficial inspection
40 station, may be char ged by an of ficial inspection station for each of ficial inspection including
41 the issuance of the certificate of inspection and approval, sticker , seal or other device and a
42 total fee, not to exceed ten dollars, as determined by each of ficial inspection station, may be
43 char ged for an of ficial inspection of a [ trailer or ] motorcycle, which shall include the issuance
44 of the certificate of inspection and approval, sticker , seal or other device. Such fee shall be
45 conspicuously posted on the premises of each such of ficial inspection station. No owner shall
46 be char ged an additional inspection fee upon having corrected defects or unsafe conditions
47 found in an inspection completed within the previous twenty consecutive days, excluding
48 Saturdays, Sundays and holidays, if such follow-up inspection is made by the station making
49 the initial inspection. Every inspection for which a fee is char ged shall be a complete
50 inspection, and upon completion of the inspection, if any defects are found the owner of the
51 vehicle shall be furnished a list of the defects and a receipt for the fee paid for the inspection.
52 If the owner of a vehicle decides to have any necessary repairs or corrections made at the
53 of ficial inspection station, the owner shall be furnished a written estimate of the cost of such
54 repairs before such repairs or corrections are made by the of ficial inspection station. The
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55 written estimate shall have plainly written upon it that the owner understands that the
56 corrections need not be made by the of ficial inspection station and shall have a signature line
57 for the owner or means to otherwise verify their understanding . [ The owner must sign
58 below the statement on the signature line before any repairs are made. ]
59 6. Certificates of inspection and approval, sticker , seal or other device shall be
60 purchased by the of ficial inspection stations from the superintendent of the Missouri state
61 highway patrol. The superintendent of the Missouri state highway patrol shall collect a fee of
62 one dollar and fifty cents for each certificate of inspection, sticker , seal or other device issued
63 to the of ficial inspection stations, except that no char ge shall be made for certificates of
64 inspection, sticker , seal or other device issued to of ficial inspection stations operated by
65 governmental entities. All fees collected shall be deposited in the state treasury with one
66 dollar of each fee collected credited to the state highway fund and, for the purpose of
67 administering and enforcing the state motor vehicle laws and traff ic regulations, fifty cents
68 credited to the "Highway Patrol Inspection Fund" which is hereby created. The moneys
69 collected and deposited in the highway patrol inspection fund shall be expended subject to
70 appropriations by the general assembly for the administration and enforcement of sections
71 307.350 to 307.390 by the Missouri state highway patrol. The unexpended balance in the
72 fund at the end of each biennium exceeding the amount of the appropriations from the fund
73 for the first two fiscal years shall be transferred to the state road fund, and the provisions of
74 section 33.080, relating to the transfer of funds to the general revenue fund at the end of the
75 biennium, shall not apply to the fund.
76 7. The owner or operator of any inspection station who discontinues operation during
77 the period that a station permit is valid or whose station permit is suspended or revoked shall
78 return all of ficial signs and posters and any current unused inspection stickers, seals or other
79 devices to the superintendent of the Missouri state highway patrol and shall receive a full
80 refund on request except for of ficial signs and posters, provided the request is made during
81 the calendar year or within sixty days thereafter in the manner prescribed by the
82 superintendent of the Missouri state highway patrol. Stations which have a valid permit
83 shall exchange unused previous year issue inspection stickers and/or decals for an identical
84 number of current year issue, provided the unused stickers and/or decals are submitted for
85 exchange not later than April thirtieth of the current calendar year , in the manner prescribed
86 by the superintendent of the Missouri state highway patrol.
87 8. Notwithstanding the provisions of section 307.390 to the contrary , a violation of
88 this section shall be a class C misdemeanor .
89 9. The owner or operator of any inspection station shall maintain liability insurance at
90 all times to cover possible damage to vehicles during the inspection process.
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307.375. 1. The owner of every bus used to transport children to or from school in
2 addition to any other inspection required by law shall submit the vehicle to an of ficial
3 inspection station, and obtain a certificate of inspection, sticker , seal or other device annually ,
4 but the inspection of the vehicle shall not be made more than sixty days prior to operating the
5 vehicle during the school year . The inspection shall, in addition to the inspection of the
6 mechanism and equipment required for [ all ] motor vehicles under the provisions of sections
7 307.350 to 307.390, include an inspection to ascertain that the following items are correctly
8 fitted, adjusted, and in good working condition:
9 (1) All mirrors, including crossview , inside, and outside;
10 (2) The front and rear warning flashers;
11 (3) The stop signal arm;
12 (4) The crossing control arm on public school buses required to have them pursuant to
13 section 304.050;
14 (5) The rear bumper to determine that it is flush with the bus so that hitching of rides
15 cannot occur;
16 (6) The exhaust tailpipe shall be flush with or may extend not more than two inches
17 beyond the perimeter of the body or bumper;
18 (7) The emer gency doors and exits to determine them to be unlocked and easily
19 opened as required;
20 (8) The lettering and signing on the front, side and rear of the bus;
21 (9) The service door;
22 (10) The step treads;
23 (1 1) The aisle mats or aisle runners;
24 (12) The emer gency equipment which shall include as a minimum a first aid kit,
25 flares or fuses, and a fire extinguisher;
26 (13) The seats, including a determination that they are securely fastened to the floor;
27 (14) The emer gency door buzzer;
28 (15) All hand hold grips;
29 (16) The interior glazing of the bus.
30 2. In addition to the inspection required by subsection 1 of this section, the Missouri
31 state highway patrol shall conduct an inspection after February first of each school year of all
32 vehicles required to be marked as school buses under section 304.050. This inspection shall
33 be conducted by the Missouri highway patrol in cooperation with the department of
34 elementary and secondary education and shall include, as a minimum, items in subsection 1
35 of this section and the following:
36 (1) The driver seat belts;
37 (2) The heating and defrosting systems;
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38 (3) The reflectors;
39 (4) The bus steps;
40 (5) The aisles;
41 (6) The frame.
42 3. If, upon inspection, conditions which violate the standards in subsection 2 of this
43 section are found, the owner or operator shall have them corrected in ten days and notify the
44 superintendent of the Missouri state highway patrol or those persons authorized by the
45 superintendent. If the defects or unsafe conditions found constitute an immediate danger , the
46 bus shall not be used until corrections are made and the superintendent of the Missouri state
47 highway patrol or those persons authorized by the superintendent are notified.
48 4. The Missouri highway patrol may inspect any school bus at any time and if such
49 inspection reveals a deficiency affectin g the safe operation of the bus, the provisions of
50 subsection 3 of this section shall be applicable.
51 5. Notwithstanding the provisions of section 307.390 to the contrary , A violation of
52 this section shall be a class C misdemeanor .
307.380. 1. Every vehicle of the type required to be inspected upon having been
2 involved in an accident and when so directed by a police of ficer must be inspected and an
3 of ficial certificate of inspection and approval, sticker , seal or other device be obtained for
4 such vehicle before it is again operated on the highways of this state.
5 2. At the seller's expense every used motor vehicle of the type required to be
6 [ inspected by section 307.350 ] r egister ed for highway use under the pr ovisions of section
7 301.020, except for vehicles having less than thirty-six thousand miles for the thr ee-year
8 period following the model year of manufactur e, shall immediately prior to sale be fully
9 inspected regardless of any current certificate of inspection and approval, and an appropriate
10 new certificate of inspection and approval, sticker , seal or other device shall be [ obtained ]
11 pr ovided to the buyer at the point of sale. The buyer of any used motor vehicle r equir ed
12 to be inspected under this subsection shall submit a certificate of inspection and
13 appr oval at the time the purch ased vehicle is regist ered, unless such vehicle is being
14 r egister ed as a historic vehicle as provi ded under section 301.131.
15 [ 2. ] 3. Nothing contained in the provisions of this section shall be construed to
16 prohibit a dealer or any other person from selling a vehicle without a certificate of inspection
17 and approval if the vehicle is sold for mechanical r epair , junk, salvage, or for rebuilding, or
18 for vehicles sold at public auction, [ or ]from dealer to dealer , or to a person who lives
19 outside of this state who intends to r egister the vehicle in another state. The purchaser of
20 any vehicle which is purchased for mechanical rep air , junk, salvage, or for rebuilding shall
21 give to the seller an af fidavit, on a form prescribed by the superintendent of the Missouri state
22 highway patrol, stating that the vehicle is being purchased for one of the reasons stated herein.
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23 No such vehicle [ of the type required to be inspected by section 307.350 ] which is purchased
24 as junk, salvage, or for mechanical repai r or rebuilding shall again be registered in this state
25 until the owner has submitted the vehicle for inspection and obtained an of ficial certificate of
26 inspection and approval, sticker , seal or other device for such vehicle.
27 4. Beginning January 1, 2028, any vehicle r equir ed to be register ed in Missouri
28 as prov ided in section 301.020 when being operated on any highway of this state with
29 two or mor e defective safety components under the pr ovisions of 307.350 to 307.390
30 shall be subject to a mandatory safety inspection. The owner of the defective vehicle,
31 when so dire cted by a police officer of this state, must have the defective vehicle safety
32 inspected and an official certificate of inspection and appr oval, sticker , seal or other
33 device must be obtained for such vehicle within sixty days. If the defects or unsafe
34 conditions identified by the police officer constitute an immediate danger , the vehicle
35 must be inspected and appr oved befor e it is again operated on the highways of this state.
36 The police officer shall repo rt the defective vehicle to the Missouri state highway patr ol.
37 Following sixty days without an inspection and appr oval of the vehicle, the defective
38 vehicle shall be reported to the dir ector of revenu e and the director shall suspend the
39 r egistration of the vehicle. The vehicle shall not be register ed or renew ed again until the
40 dir ector has confirmed the defective vehicle has obtained a certificate of inspection and
41 appr oval.
42 [ 3. ] 5. Notwithstanding the provisions of section 307.390, violation of this section
43 shall be deemed an infraction.
407.1338. 1. Each warrantor shall specify in writing to each of its R V dealers,
2 obligations, if any , for preparation, delivery and warranty service on its products; shall
3 compensate the dealer for warranty service required of the dealer by the warrantor; and shall
4 provide the dealer the schedule of compensation to be paid; and the time allowances for the
5 performance of such work and service. In no event shall such schedule of compensation fail
6 to include reasonable compensation for diagnostic work as well as warranty labor .
7 2. T ime allowances for the diagnosis and performance of warranty labor shall be
8 reasonable for the work to be performed. In the determination of what constitutes reasonable
9 compensation under this section, the principal factors to be given consideration shall be the
10 actual wage rates being paid by the dealer , and the actual retail labor rate being char ged by the
11 dealers in the community in which the dealer is doing business. In no event shall such
12 compensation of a dealer for warranty labor be less than the lowest retail labor rates actually
13 char ged by the dealer for like nonwarranty labor as long as such rates are reasonable.
14 3. (1) The warrantor shall reimburse the dealer for warranty parts at actual wholesale
15 cost, plus a minimum thirty-percent handling char ge and the cost, if any , of freight to return
16 warranty parts to the warrantor .
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17 (2) The warrantor shall supply parts and components for warranty service in
18 such quantities and within such rea sonable time as will enable the dealer to perform
19 such service without undue delay .
20 (3) If a warrantor fails to ship parts or components necessary for warranty
21 service within ten days of a dealer's order , the dealer may obtain substantially
22 equivalent parts or components fr om other source s and shall, within thirty days, be
23 r eimbursed by the warrantor at one hundred percen t of the cost paid by the dealer for
24 any parts obtained fr om another source .
25 4. W arranty audits of dealer records may be conducted by the warrantor on a
26 reasonable basis, and dealer claims for warranty compensation shall not be denied except for
27 cause, such as performance of nonwarranty repairs, material noncompliance with warrantors'
28 published policies and procedures, lack of material documentation, fraud, or
2 9 misrepresentation.
30 5. The dealer must submit warranty claims within thirty days of completing work.
31 6. The dealer must notify the warrantor verbally or in writing if the R V dealer is
32 unable to perform material or repetitive warranty repairs as soon as reasonably possible.
33 7. The warrantor must disapprove warranty claims in writing within thirty days of the
34 date of submission by the dealer in the manner and form prescribed by the warrantor . Claims
35 not specifically disapproved in writing within thirty days shall be construed to be approved
36 and shall be paid within forty-five days.
37 8. It is a violation of this chapter for any warrantor to:
38 (1) Fail to perform any of its warranty obligations with respect to its warranted
39 product;
40 (2) Fail to include in written notices of factory campaigns to vehicle owners and
41 dealers the expected date by which necessary parts and equipment, including tires and chassis
42 or chassis parts, will be available to dealers to perform the campaign work. The manufacturer
43 may ship parts in quantity to the dealer to effect such campaign work, and if such parts are in
44 excess of the dealer's requirements, the dealer may return unused parts to the manufacturer for
45 credit after completion of the campaign;
46 (3) Fail to compensate any of its R V dealers for authorized repairs ef fected by such
47 dealer of merchandise damaged in manufacture or transit to the dealer , if the carrier is
48 designated by the manufacturer , factory branch, distributor or distributor branch;
49 (4) Fail to compensate its R V dealers for authorized warranty service in accordance
50 with the schedule of compensation provided the dealer pursuant to this section, if performed
51 in a timely and competent manner;
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52 (5) Intentionally misrepresent in any way to purchasers of R Vs that warranties with
53 respect to the manufacture, performance or design of the vehicle are made by the dealer either
54 as warrantor or cowarrantor; [ or ]
55 (6) Require the dealer to make warranties to customers in any manner related to the
56 manufacture of the R V ; or
57 (7) Fail to compensate its dealers for less than seventy-five percen t of a
58 dealership's employee time spent in traveling to and from mobile or other warranty
59 r epair work performed away fr om the dealership location, provi ded the dealership
60 documents such travel time and submits a claim to the warrantor within thirty days of
61 completing the work .
62 9. It is a violation of this chapter for any R V dealer to:
63 (1) Fail to perform "predelivery inspection" (PDI) functions, if required, in a
64 competent and timely manner;
65 (2) Fail to perform warranty service work, authorized by the warrantor , in a
66 reasonably timely and competent manner on any transient customer's vehicle whether sold by
67 that dealer or not;
68 (3) Misrepresent the terms of any warranty .
643.315. 1. Except as provided in sections 643.300 to 643.355, all motor vehicles
2 which are domiciled, registered or primarily operated in an area for which the commission
3 has established a motor vehicle emissions inspection program pursuant to sections 643.300 to
4 643.355 shall be inspected and approved prior to sale or transfer; provided that, if such
5 vehicle is inspected and approved prior to sale or transfer , such vehicle shall not be subject to
6 another emissions inspection for ninety days after the date of sale or transfer of such vehicle.
7 [ In addition, any such vehicle manufactured as an even-numbered model year vehicle shall be
8 inspected and approved under the emissions inspection program established pursuant to
9 sections 643.300 to 643.355 in each even-numbered calendar year and any such vehicle
10 manufactured as an odd-numbered model year vehicle shall be inspected and approved under
11 the emissions inspection program established pursuant to sections 643.300 to 643.355 in each
12 odd-numbered calendar year . ] All motor vehicles subject to the inspection requirements of
13 sections 643.300 to 643.355 shall display a valid emissions inspection sticker , and when
14 applicable, a valid emissions inspection certificate shall be presented at the time of
15 registration or registration renewal of such motor vehicle. The department of revenue shall
16 require evidence of the safety and emission inspection and approval required by this section
17 in issuing the motor vehicle [ annual ] registration in conformity with the procedure required
18 by sections 307.350 to 307.390 and sections 643.300 to 643.355. The director of revenue
19 may verify that a successful safety and emissions inspection was completed via electronic
20 means.
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21 2. The inspection requirement of subsection 1 of this section shall apply to all motor
22 vehicles except:
23 (1) Motor vehicles with a manufacturer's gross vehicle weight rating in excess of
24 eight thousand five hundred pounds;
25 (2) Motorcycles and motortricycles if such vehicles are exempted from the motor
26 vehicle emissions inspection under federal regulation and approved by the commission by
27 rule;
28 (3) Model year vehicles manufactured prior to 1996;
29 (4) V ehicles which are powered exclusively by electric or hydrogen power or by fuels
30 other than gasoline which are exempted from the motor vehicle emissions inspection under
31 federal regulation and approved by the commission by rule;
32 (5) Motor vehicles registered in an area subject to the inspection requirements of
33 sections 643.300 to 643.355 which are domiciled and operated exclusively in an area of the
34 state not subject to the inspection requirements of sections 643.300 to 643.355, but only if the
35 owner of such vehicle presents to the department an af fidavit that the vehicle will be operated
36 exclusively in an area of the state not subject to the inspection requirements of sections
37 643.300 to 643.355 for the next twenty-four months, and the owner applies for and receives a
38 waiver which shall be presented at the time of registration or registration renewal;
39 (6) New and unused motor vehicles, of model years of the current calendar year and
40 of any calendar year within two years of such calendar year , which have an odometer reading
41 of less than six thousand miles at the time of original sale by a motor vehicle manufacturer or
42 licensed motor vehicle dealer to the first user;
43 (7) Historic motor vehicles registered pursuant to section 301.131;
44 (8) School buses;
45 (9) Heavy-duty diesel-powered vehicles with a gross vehicle weight rating in excess
46 of eight thousand five hundred pounds;
47 (10) New motor vehicles that have not been previously titled and registered, for the
48 four -year period following their model year of manufacture[ , provided the odometer reading
49 for such motor vehicles are under forty thousand miles at their first required biennial safety
50 inspection conducted under sections 307.350 to 307.390; otherwise such motor vehicles shall
51 be subject to the emissions inspection requirements of subsection 1 of this section during the
52 same period that the biennial safety inspection is conducted ];
53 (1 1) Motor vehicles that are driven fewer than twelve thousand miles between
54 biennial[ safety inspections ] r egistration periods ; and
55 (12) Qualified plug-in electric drive vehicles. For the purposes of this section,
56 "qualified plug-in electric drive vehicle" shall mean a plug-in electric drive vehicle that is
57 made by a manufacturer , has not been modified from original manufacturer specifications,
HCS SB 1020 77
58 and can operate solely on electric power and is capable of rechar ging its battery from an on-
59 board generation source and an of f-board electricity source.
60 3. The commission may , by rule, allow inspection reciprocity with other states having
61 equivalent or more stringent testing and waiver requirements than those established pursuant
62 to sections 643.300 to 643.355.
63 4. (1) At the time of sale, a licensed motor vehicle dealer , as defined in section
64 301.550, may choose to sell a motor vehicle subject to the inspection requirements of sections
65 643.300 to 643.355 either:
66 (a) W ith prior inspection and approval as provided in subdivision (2) of this
67 subsection; or
68 (b) W ithout prior inspection and approval as provided in subdivision (3) of this
69 subsection.
70 (2) If the dealer chooses to sell the vehicle with prior inspection and approval, the
71 dealer shall disclose, in writing, prior to sale, whether the vehicle obtained approval by
72 meeting the emissions standards established pursuant to sections 643.300 to 643.355 or by
73 obtaining a waiver pursuant to section 643.335. A vehicle sold pursuant to this subdivision by
74 a licensed motor vehicle dealer shall be inspected and approved within the one hundred
75 twenty days immediately preceding the date of sale, and, for the purpose of registration of
76 such vehicle, such inspection shall be considered timely .
77 (3) If the dealer chooses to sell the vehicle without prior inspection and approval, the
78 purchaser may return the vehicle within ten days of the date of purchase, provided that the
79 vehicle has no more than one thousand additional miles since the time of sale, if the vehicle
80 fails, upon inspection, to meet the emissions standards specified by the commission and the
81 dealer shall have the vehicle inspected and approved without the option for a waiver of the
82 emissions standard and return the vehicle to the purchaser with a valid emissions certificate
83 and sticker within five working days or the purchaser and dealer may enter into any other
84 mutually acceptable agreement. If the dealer chooses to sell the vehicle without prior
85 inspection and approval, the dealer shall disclose conspicuously on the sales contract and bill
86 of sale that the purchaser has the option to return the vehicle within ten days, provided that the
87 vehicle has no more than one thousand additional miles since the time of sale, to have the
88 dealer repair the vehicle and provide an emissions certificate and sticker within five working
89 days if the vehicle fails, upon inspection, to meet the emissions standards established by the
90 commission, or enter into any mutually acceptable agreement with the dealer . A violation of
91 this subdivision shall be an unlawful practice as defined in section 407.020. No emissions
92 inspection shall be required pursuant to sections 643.300 to 643.360 for the sale of any motor
93 vehicle which may be sold without a certificate of inspection and approval, as provided
94 pursuant to subsection 2 of section 307.380.
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95 5. Notwithstanding any pr ovision of law to the contrary , a valid emissions
96 inspection shall be req uired for all regi stration issuances and renew als of a motor
97 vehicle subject to emissions inspection under this section.
Section B. The repeal and reenactment of sections 144.070, 301.010, 301.020,
2 301.030, 301.050, 301.055, 301.070, 301.1 10, 301.140, 301.142, 301.147, 301.190, 301.550,
3 301.560, 301.570, 301.600, 302.170, 307.350, 407.1338, and 643.315 of this act shall take
4 ef fect as soon as technologically possible following the development and maintenance of a
5 modernized, integrated system for the titling of vehicles, issuance and renewal of vehicle
6 registrations, issuance and renewal of driver licenses and identification cards, and perfection
7 and release of liens and encumbrances on vehicles, to be funded by the motor vehicle
8 administration technology fund as created in section 301.558. Following the development of
9 the system, the director of the department of revenue shall notify the governor , the secretary
10 of state, and the revisor of statutes, and shall implement the provisions of sections 144.070,
11 301.010, 301.020, 301.030, 301.050, 301.055, 301.070, 301.1 10, 301.140, 301.142, 301.147,
12 301.190, 301.550, 301.560, 301.570, 301.600, 302.170, 307.350, 407.1338, and 643.315 of
13 this act.
✔
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