Increases the maximum speed limit from 70 to 75 miles per hour on rural interstates and freeways

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
SENA TE BILL NO. 1408
103RD GENERAL ASSEMBL Y
5907H.03C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 136.055, 144.070, 226.540, 226.550, 229.130, 229.160, 229.210, 229.220,
229.222, 229.270, 229.420, 229.430, 229.440, 229.450, 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, 301.472, 301.550, 301.560, 301.570, 301.600, 302.170,
302.309, 302.341, 302.735, 304.010, 307.350, 307.375, 307.380, and 643.315, RSMo,
and to enact in lieu thereof forty new sections relating to transportation, with penalty
provisions, a delayed ef fective date for certain sections, and a contingent ef fective
date for certain sections.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 136.055, 144.070, 226.540, 226.550, 229.130, 229.160, 229.210,
2 229.220, 229.222, 229.270, 229.420, 229.430, 229.440, 229.450, 301.010, 301.020, 301.030,
3 301.050, 301.055, 301.070, 301.074, 301.1 10, 301.130, 301.132, 301.140, 301.142, 301.147,
4 301.190, 301.443, 301.472, 301.550, 301.560, 301.570, 301.600, 302.170, 302.309, 302.341,
5 302.735, 304.010, 307.350, 307.375, 307.380, and 643.315, RSMo, are repealed and forty
6 new sections enacted in lieu thereof, to be known as sections 136.055, 144.070, 144.465,
7 226.540, 226.550, 227.101, 229.222, 301.010, 301.020, 301.030, 301.050, 301.055, 301.070,
8 301.074, 301.092, 301.093, 301.094, 301.1 10, 301.130, 301.132, 301.140, 301.142, 301.147,
9 301.190, 301.443, 301.472, 301.550, 301.560, 301.570, 301.600, 302.170, 302.309, 302.341,
10 302.733, 302.735, 304.010, 307.350, 307.375, 307.380, 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
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.
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:
9 (a) Nine dollars for annual registration; [ or ]
10 (b) Eighteen dollars for biennial registration; or
11 (c) Forty-five dollars for five-year registr ation;
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. Notwithstanding any provision of law to the contrary , the director of
31 revenue shall not award any fee of fice contract under this section to any entity af filiated in
32 any manner with a current employee of the department of revenue or with a former employee
33 of the department of revenue for the one-year period following the former employee's
34 termination of employment with the department. For purposes of this subsection, "aff iliated
35 in any manner" includes owning the entity or serving as an of ficer or board member of such
36 entity . Additionally , no person af filiated in any manner with an entity awarded a fee of fice
37 contract under this section shall be af filiated in any manner with an entity acting as a motor
38 vehicle title service agent as prescribed in sections 301.1 12 to 301.1 19. The director of the
39 department of revenue may promulgate rules and regulations necessary to carry out the
40 provisions of this subsection. Any rule or portion of a rule, as that term is defined in section
41 536.010, that is created under the authority delegated in this subsection shall become ef fective
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42 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable,
43 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
44 vested with the general assembly pursuant to chapter 536 to review , to delay the ef fective
45 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant
46 of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be
47 invalid and void.
48 3. Notwithstanding any other provision of law to the contrary , the director of revenue
49 shall have the authority to enter into a contract amendment or renewal, for any contract for a
50 fee of fice awarded through the competitive bidding process after September 1, 2009, to
51 extend such contract for up to a five-year period to begin after the expiration date of such
52 contract. The director of revenue shall evaluate performance under the contract when
53 deciding whether to enter into contract amendments or renewals authorized in this subsection.
54 Nothing shall obligate the director to of fer such extension or renewal. A competitively
55 awarded contract may only be extended once pursuant to this subsection.
56 4. All fees authorized under this section collected by a contract fee of fice may be
57 retained and used by the entity operating the contract fee office, and all fees authorized under
58 this section collected by a fee office operated by the department of revenue shall be
59 considered state revenue.
60 5. All fees char ged shall not exceed those in this section. The fees authorized under
61 this section shall be collected by all contract fee of fices and shall be collected by all full-time
62 or temporary of fices operated by the department of revenue.
63 6. Any person acting as agent of the department of revenue for the sale and issuance
64 of registrations, licenses, and other documents related to motor vehicles shall have an
65 insurable interest in all license plates, licenses, tabs, forms and other documents held on
66 behalf of the department.
67 7. The fees authorized by this section shall not be collected by motor vehicle dealers
68 acting as agents of the department of revenue under section 32.095 or those motor vehicle
69 dealers authorized to collect and remit sales tax under subsection 10 of section 144.070.
70 8. Notwithstanding any other provision of law to the contrary , the state auditor may
71 audit all records maintained and established by the fee of fice in the same manner as the
72 auditor may audit any agency of the state, and the department shall ensure that this audit
73 requirement is a necessary condition for the award of all fee of fice contracts. No confidential
74 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
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5 law , the owner shall present to the director of revenue evidence satisfactory to the director of
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
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42 corporate surety bond or irrevocable letter of credit, as defined in section 400.5-102, issued
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
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79 vehicle renting or leasing, trailer renting or leasing, or boat or outboard motor renting or
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 re mit Missouri state and
108 local sales tax according to law at the rate applicable at the dealer's place of business.
109 The pr ovisions of this subdivision shall apply regard less of whether the pur chaser
110 intends to title or register the vehicle in another state. The dealer shall not be r equir ed
111 to determine the tax rate of the purch aser's state of r esidence.
112 1 1. (1) Every motor vehicle dealer licensed under section 301.560, as soon as
113 technologically possible following the development and maintenance of a modernized,
114 integrated system for the titling of vehicles, issuance and renewal of vehicle registrations,
115 issuance and renewal of driver's licenses and identification cards, and perfection and release
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116 of liens and encumbrances on vehicles, to be funded by the motor vehicle administration
117 technology fund as created in section 301.558, shall collect and remit the sales tax required
118 under this section on all motor vehicles , boats, and outboard motors that such dealer sells as
119 dir ected by the dir ector of revenu e . In collecting and remitting this sales tax, motor vehicle
120 dealers shall be subject to all applicable provisions under sections 144.010 to 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.
144.465. 1. The dates fr om August 28, 2026, to December 1, 2026, shall be
2 designated as an "amnesty period" for taxpayers in this state who regi stered a motor
3 vehicle in another state with the intent to circumven t the motor vehicle titling and
4 r egistration re quir ements of this chapter as described under sections 301.092 to 301.094.
5 Notwithstanding any pr ovisions of law to the contrary , with res pect to all associated late
6 fees and penalties administer ed by the department of revenu e, a taxpayer shall be
7 granted full amnesty fr om the assessment or payment of all such late fees and penalties,
8 pr ovided that the liabilities have arisen fro m a motor vehicle pur chase completed before
9 August 28, 2026, and the taxpayer completes and submits a written application for such
10 amnesty to the department of reven ue during the amnesty period. The department of
11 r evenue shall be responsible for designing and publishing a written application for this
12 amnesty pr ogram not less than thirty days before the beginning of this amnesty period.
13 2. The department of reve nue shall issue a certificate of title and regi stration
14 eligibility to each eligible taxpayer who submits a completed application during the
15 amnesty period. The certificate shall verify that the taxpayer has been granted amnesty
16 for all late fees and penalties described in subsection 1 of this section.
17 3. Upon the granting of amnesty to an eligible taxpayer under the pro visions of
18 this section, the department of reven ue shall facilitate the issuance of all relat ed
19 documentation and materials including, but not limited to, motor vehicle title and
20 r egistration, valid license plates, and license plate tabs to such taxpayer . The
21 department of revenu e shall develop a standardized pr ocedur e to ensur e that all eligible
22 taxpayers who receive a certificate of eligibility under subsection 2 of this section are
23 able to receiv e rel ated documentation and materials in a timely manner .
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226.540. Notwithstanding any other provisions of sections 226.500 to 226.600,
2 outdoor advertising shall be permitted within six hundred and sixty feet of the nearest edge of
3 the right-of-way of highways located on the interstate, federal-aid primary system as it existed
4 on June 1, 1991, or the national highway system as amended in areas zoned industrial,
5 commercial or the like and in unzoned commercial and industrial areas as defined in this
6 section, subject to the following regulations which are consistent with customary use in this
7 state:
8 (1) Lighting:
9 (a) No revolving or rotating beam or beacon of light that simulates any emer gency
10 light or device shall be permitted as part of any sign. No flashing, intermittent, or moving
11 light or lights will be permitted except scoreboards and other illuminated signs designating
12 public service information, such as time, date, or temperature, or similar information, will be
13 allowed; tri-vision, projection, and other changeable message signs shall be allowed subject
14 to Missouri highways and transportation commission regulations;
15 (b) External lighting, such as floodlights, thin line and gooseneck reflectors are
16 permitted, provided the light source is directed upon the face of the sign and is effectiv ely
17 shielded so as to prevent beams or rays of light from being directed into any portion of the
18 main traveled way of the federal-aid primary highways as of June 1, 1991, and all highways
19 designated as part of the National Highway System by the National Highway System
20 Designation Act of 1995 and those highways subsequently designated as part of the National
21 Highway System and the lights are not of such intensity so as to cause glare, impair the vision
22 of the driver of a motor vehicle, or otherwise interfere with a driver's operation of a motor
23 vehicle;
24 (c) No sign shall be so illuminated that it interferes with the ef fectiveness of, or
25 obscures, an of ficial traff ic sign, device, or signal;
26 (2) Size of signs:
27 (a) The maximum area for any one sign shall be eight hundred square feet with a
28 maximum height of thirty feet and a maximum length of seventy-two feet, inclusive of border
29 and trim but excluding the base or apron, supports, and other structural members. The area
30 shall be measured as established herein and in rules promulgated by the commission. In
31 determining the size of a conforming or nonconforming sign structure, temporary cutouts and
32 extensions installed for the length of a specific display contract shall not be considered a
33 substantial increase to the size of the permanent display; provided the actual square footage of
34 such temporary cutouts or extensions may not exceed thirty-three percent of the permanent
35 display area. Signs erected in accordance with the provisions of sections 226.500 to 226.600
36 prior to August 28, 2002, which fail to meet the requirements of this provision shall be
37 deemed legally nonconforming as defined herein;
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38 (b) The maximum size limitations shall apply to each side of a sign structure, and
39 signs may be placed back to back, double faced, or in V -type construction with not more than
40 two displays to each facing, but such sign structure shall be considered as one sign;
41 (c) After August 28, 1999, no new sign structure shall be erected in which two or
42 more displays are stacked one above the other . Stacked structures existing on or before
43 August 28, 1999, in accordance with sections 226.500 to 226.600 shall be deemed legally
44 nonconforming and may be maintained in accordance with the provisions of sections 226.500
45 to 226.600. Structures displaying more than one display on a horizontal basis shall be
46 allowed, provided that total display areas do not exceed the maximum allowed square footage
47 for a sign structure pursuant to the provisions of paragraph (a) of this subdivision;
48 (3) Spacing of signs:
49 (a) On all interstate highways, freeways, and nonfreeway federal-aid primary
50 highways as of June 1, 1991, and all highways designated as part of the National Highway
51 System by the National Highway System Designation Act of 1995 and those highways
52 subsequently designated as part of the National Highway System:
53 a. No sign structure shall be erected within one thousand four hundred feet of an
54 existing sign on the same side of the highway;
55 b. Outside of incorporated municipalities, no structure may be located adjacent to or
56 within five hundred feet of an interchange, intersection at grade, or safety rest area. Such five
57 hundred feet shall be measured from the beginning or ending of the pavement widening at the
58 exit from or entrance to the main traveled way . For purpose of this subparagraph, the term
59 "incorporated municipalities" shall include "urban areas", except that such "urban areas" shall
60 not be considered "incorporated municipalities" if it is finally determined that such would
61 have the ef fect of making Missouri be in noncompliance with the requirements of T itle 23,
62 United States Code, Section 131;
63 (b) The spacing between structure provisions of this subdivision do not apply to signs
64 which are separated by buildings, natural surroundings, or other obstructions in such manner
65 that only one sign facing located within such distance is visible at any one time. Directional
66 or other of ficial signs or those advertising the sale or lease of the property on which they are
67 located, or those which advertise activities on the property on which they are located,
68 including products sold, shall not be counted, nor shall measurements be made from them for
69 the purpose of compliance with spacing provisions;
70 (c) No sign shall be located in such manner as to obstruct or otherwise physically
71 interfere with the effectiv eness of an of ficial traf fic sign, signal, or device or obstruct or
72 physically interfere with a motor vehicle operator's view of approaching, mer ging, or
73 intersecting traff ic;
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74 (d) The measurements in this section shall be the minimum distances between
75 outdoor advertising sign structures measured along the nearest edge of the pavement between
76 points directly opposite the signs along each side of the highway and shall apply only to
77 outdoor advertising sign structures located on the same side of the highway involved;
78 (4) As used in this section, the words "unzoned commercial and industrial land" shall
79 be defined as follows: that area not zoned by state or local law or ordinance and on which
80 there is located one or more permanent structures used for a commercial business or industrial
81 activity or on which a commercial or industrial activity is actually conducted together with
82 the area along the highway extending outwardly seven hundred fifty feet from and beyond the
83 edge of such activity . All measurements shall be from the outer edges of the regularly used
84 improvements, buildings, parking lots, landscaped, storage or processing areas of the
85 commercial or industrial activity and along and parallel to the edge of the pavement of the
86 highway . On nonfr eeway primary highways wher e ther e is an unzoned commer cial or
87 industrial ar ea on one side of the roa d in accordance with this section, the unzoned
88 commer cial or industrial ar ea shall also include those lands located on the opposite side
89 of the highway to the extent of the same dimensions. Unzoned land shall not include:
90 (a) Land on the opposite side of the highway from an unzoned commercial or
91 industrial area as defined in this section and located adjacent to highways located on the
92 interstate[ , federal-aid primary system as it existed on June 1, 1991, or the national highway
93 system as amended, unless the opposite side of the highway qualifies as a separate unzoned
94 commercial or industrial area ] or fr eeway primary highways ; or
95 (b) Land zoned by a state or local law , regulation, or ordinance;
96 (5) "Commercial or industrial activities" as used in this section means those which are
97 generally recognized as commercial or industrial by zoning authorities in this state, except
98 that none of the following shall be considered commercial or industrial:
99 (a) Outdoor advertising structures;
100 (b) Agricultural, forestry , ranching, grazing, farming, and related activities, including
101 seasonal roadside fresh produce stands;
102 (c) T ransient or temporary activities;
103 (d) Activities more than six hundred sixty feet from the nearest edge of the right-of-
104 way or not visible from the main traveled way;
105 (e) Activities conducted in a building principally used as a residence;
106 (f) Railroad tracks and minor sidings;
107 (6) The words "unzoned commercial or industrial land" shall also include all areas not
108 specified in this section which constitute an "unzoned commercial or industrial area" within
109 the meaning of the present Section 131 of T itle 23 of the United States Code, or as such
110 statute may be amended. As used in this section, the words "zoned commercial or industrial
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111 area" shall refer to those areas zoned commercial or industrial by the duly constituted zoning
112 authority of a municipality , county , or other lawfully established political subdivision of the
113 state, or by the state and which is within seven hundred fifty feet of one or more permanent
114 commercial or industrial activities. Commercial or industrial activities as used in this section
115 are limited to those activities:
116 (a) In which the primary use of the property is commercial or industrial in nature;
117 (b) Which are clearly visible from the highway and recognizable as a commercial
118 business;
119 (c) Which are permanent as opposed to temporary or transitory and of a nature that
120 would customarily be restricted to commercial or industrial zoning in areas comprehensively
121 zoned; and
122 (d) In determining whether the primary use of the property is commercial or industrial
123 pursuant to paragraph (a) of this subdivision, the state highways and transportation
124 commission shall consider the following factors:
125 a. The presence of a permanent and substantial building;
126 b. The existence of utilities and local business licenses, if any , for the commercial
127 activity;
128 c. On-premise signs or other identification;
129 d. The presence of an owner or employee on the premises for at least twenty hours per
130 week;
131 (7) In zoned commercial and industrial areas, whenever a state, county or municipal
132 zoning authority has adopted laws or ordinances which include regulations with respect to the
133 size, lighting and spacing of signs, which regulations are consistent with the intent of sections
134 226.500 to 226.600 and with customary use, then from and after the ef fective date of such
135 regulations, and so long as they shall continue in ef fect, the provisions of this section shall not
136 apply to the erection of signs in such areas. Notwithstanding any other provisions of this
137 section, after August 28, 1992, with respect to any outdoor advertising which is regulated by
138 the provisions of subdivision (1), (3) or (4) of section 226.520 or subsection 1 of section
139 226.527:
140 (a) No county or municipality shall issue a permit to allow a regulated sign to be
141 newly erected without a permit issued by the state highways and transportation commission;
142 (b) A county or municipality may char ge a reasonable one-time permit or inspection
143 fee to assure compliance with local wind load and electrical requirements when the sign is
144 first erected, but a county or municipality may not char ge a permit or inspection fee for such
145 sign after such initial fee. Changing the display face or performing routine maintenance shall
146 not be considered as erecting a new sign;
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147 (8) The state highways and transportation commission on behalf of the state of
148 Missouri, may seek agreement with the Secretary of T ransportation of the United States under
149 Section 131 of T itle 23, United States Code, as amended, that sections 226.500 to 226.600 are
150 in conformance with that Section 131 and provides ef fective control of outdoor advertising
151 signs as set forth therein. If such agreement cannot be reached and the penalties under
152 subsection (b) of Section 131 are invoked, the attorney general of this state shall institute
153 proceedings described in subsection (1) of that Section 131.
226.550. 1. No outdoor advertising which is regulated by subdivision (1), (3) or (4)
2 of section 226.520 or subsection 1 of section 226.527 shall be erected or maintained on or
3 after August 28, 1992, without a one-time permanent permit issued by the state highways and
4 transportation commission. Application for permits shall be made to the state highways and
5 transportation commission on forms furnished by the commission and shall be accompanied
6 by a permit fee of two hundred dollars for all signs; except that, tax-exempt religious
7 or ganizations as defined in subdivision (1 1) of section 313.005, service or ganizations as
8 defined in subdivision (12) of section 313.005, veterans' or ganizations as defined in
9 subdivision (14) of section 313.005, and fraternal or ganizations as defined in subdivision (8)
10 of section 313.005 shall be granted a permit for signs less than seventy-six square feet without
11 payment of the fee. The permit fee of two hundred dollars shall be waived for
12 landowners, provi ded that the landowner is the permit holder and owns both the land
13 upon which the outdoor advertising is placed and the business being advertised on the
14 sign, so long as the business being advertised is located within seven hundred fifty feet of
15 the sign location. In the event a permit holder fails to erect a sign structure within twenty-
16 four months of issuance, said permit shall expire and a new permit must be obtained prior to
17 any construction.
18 2. No outdoor advertising which is regulated by subdivision (1), (3) or (4) of section
19 226.520 or subsection 1 of section 226.527 which was erected prior to August 28, 1992, shall
20 be maintained without a one-time permanent permit for outdoor advertising issued by the
21 state highways and transportation commission. If a one-time permanent permit was issued by
22 the state highways and transportation commission after March 30, 1972, and before August
23 28, 1992, it is not necessary for a new permit to be issued. If a one-time permanent permit
24 was not issued for a lawfully erected and lawfully existing sign by the state highways and
25 transportation commission after March 30, 1972, and before August 28, 1992, a one-time
26 permanent permit shall be issued by the commission for each sign which is lawfully in
27 existence on the day prior to August 28, 1992, upon application and payment of a permit fee
28 of two hundred dollars. All applications and fees due pursuant to this subsection shall be
29 submitted before December 31, 1992. The permit fee of two hundred dollars shall be
30 waived for landowners, pr ovided that the landowner is the permit holder and owns both
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31 the land upon which the outdoor advertising is placed and the business being advertised
32 on the sign, so long as the business being advertised is located within seven hundred fifty
33 feet of the sign location.
34 3. For purposes of sections 226.500 to 226.600, the terminology "structure lawfully in
35 existence" or "lawfully existing" sign or outdoor advertising shall, nevertheless, include the
36 following signs unless the signs violate the provisions of subdivisions (3) to (7) of subsection
37 1 of section 226.580:
38 (1) All signs erected prior to January 1, 1968;
39 (2) All signs erected before March 30, 1972, but on or after January 1, 1968, which
40 would otherwise be lawful but for the failure to have a permit for such signs prior to March
41 30, 1972, except that any sign or structure which was not in compliance with sizing, spacing,
42 lighting, or location requirements of sections 226.500 to 226.600 as the sections appeared in
43 the revised statutes of Missouri 1969, wheresoever located, shall not be considered a lawfully
44 existing sign or structure;
45 (3) All signs erected after March 30, 1972, which are in conformity with sections
46 226.500 to 226.600;
47 (4) All signs erected in compliance with sections 226.500 to 226.600 prior to August
48 28, 2002.
49 4. On or after August 28, 1992, the state highways and transportation commission
50 may , in addition to the fees authorized by subsections 1 and 2 of this section, collect a
51 biennial inspection fee every two years after a state permit has been issued. Biennial
52 inspection fees due after August 28, 2002, and prior to August 28, 2003, shall be fifty dollars.
53 Biennial inspection fees due on or after August 28, 2003, shall be seventy-five dollars.
54 Biennial inspection fees due on or after August 28, 2004, shall be one hundred dollars; except
55 that, tax-exempt religious or ganizations as defined in subdivision (1 1) of section 313.005,
56 service org anizations as defined in subdivision (12) of section 313.005, veterans'
5 7 or ganizations as defined in subdivision (14) of section 313.005, and fraternal or ganizations
58 as defined in subdivision (8) of section 313.005 shall not be required to pay such fee. The
59 biennial inspection fee shall be waived for landowners, pr ovided that the landowner is
60 the permit holder and owns both the land upon which the outdoor advertising is placed
61 and the business being advertised on the sign, so long as the business being advertised is
62 located within seven hundre d fifty feet of the sign location.
63 5. In order to effect the more ef ficient collection of biennial inspection fees, the state
64 highways and transportation commission is encouraged to adopt a renewal system in which
65 all permits in a particular county are renewed in the same month. In conjunction with the
66 conversion to this renewal system, the state highways and transportation commission is
67 specifically authorized to prorate renewal fees based on changes in renewal dates.
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68 6. Sign owners or owners of the land on which signs are located must apply to the
69 state highways and transportation commission for biennial inspection and submit any fees as
70 required by this section on or before December 31, 1992. For a permitted sign which does not
71 have a permit, a permit shall be issued at the time of the next biennial inspection.
72 7. The state highways and transportation commission shall deposit all fees received
73 for outdoor advertising permits and inspection fees in the state road fund, keeping a separate
74 record of such fees, and the same may be expended by the commission in the administration
75 of sections 226.500 to 226.600.
227.101 . 1. The commission shall publish on the department of transportation's
2 official public website its cost estimate and project completion date for any construction,
3 maintenance, or rep air work on the state highway system at the time a contract for the
4 work is awarded.
5 2. Upon action by the state highways and transportation commission on bids for
6 transportation impr ovements in a letting, the department of transportation shall
7 publish on the department's website within one business day the engineer's cost estimate
8 and pro jected completion date for every pro ject in that letting, whether awarded or
9 r ejected.
229.222. The governing assembly of any county , city , or village of this state may
2 designate any street, road, or highway within such county , city , or village as a memorial road
3 for any law enforcement of ficer , emergency personnel, or member of the Armed For ces
4 who is killed in the line of duty . Any county , city , or village designating a memorial road
5 pursuant to this section shall provide for and shall be responsible for the costs, erection, and
6 maintenance of any signs marking the designated road.
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;
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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;
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
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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:
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
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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
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
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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
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
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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;
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
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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) "Residence addr ess", "reside nce", or "resident addr ess", the location at
205 which a person has been physically pre sent for an aggr egated period of six months or
206 mor e during any calendar year and that the person re gards as home. A res idence
207 addr ess is a person's true, fixed, principal, and permanent home, to which a person
208 intends to r eturn and r emain, even though curren tly res iding elsewhere;
209 (53) "Resident", a person who declar es himself or herself to be a res ident of
210 Missouri for the purpose of obtaining a Missouri driver's license by showing pr oof of
211 r esidency as defined in section 302.171 and as a res ident of the state to obtain privileges
212 not ordinarily extended to nonr esidents including, but not limited to, going to school or
213 placing childr en in school without paying nonr esident tuition or fees;
214 (54) "Rollback or car carrier", any vehicle specifically designed to transport wrecked,
215 disabled or otherwise inoperable vehicles, when the transportation is directly connected to a
216 wrecker or towing service;
217 [ (53) ] (55) "Saddlemount combination", a combination of vehicles in which a truck or
218 truck tractor tows one or more trucks or truck tractors, each connected by a saddle to the
219 frame or fifth wheel of the vehicle in front of it. The "saddle" is a mechanism that connects
220 the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and
221 functions like a fifth wheel kingpin connection. When two vehicles are towed in this manner
222 the combination is called a "double saddlemount combination". When three vehicles are
223 towed in this manner , the combination is called a "triple saddlemount combination";
224 [ (54) ] (56) "Salvage dealer and dismantler", a business that dismantles used motor
225 vehicles for the sale of the parts thereof, and buys and sells used motor vehicle parts and
226 accessories;
227 [ (55) ] (57) "Salvage vehicle", a motor vehicle, semitrailer , or house trailer which:
228 (a) W as damaged during a year that is no more than six years after the manufacturer's
229 model year designation for such vehicle to the extent that the total cost of repairs to rebuild or
230 reconstruct the vehicle to its condition immediately before it was damaged for legal operation
231 on the roads or highways exceeds eighty percent of the fair market value of the vehicle
232 immediately preceding the time it was damaged;
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233 (b) By reason of condition or circumstance, has been declared salvage, either by its
234 owner , or by a person, firm, corporation, or other legal entity exercising the right of security
235 interest in it;
236 (c) Has been declared salvage by an insurance company as a result of settlement of a
237 claim;
238 (d) Ownership of which is evidenced by a salvage title; or
239 (e) Is abandoned property which is titled pursuant to section 304.155 or section
240 304.157 and designated with the words "salvage/abandoned property". The total cost of
241 repairs to rebuild or reconstruct the vehicle shall not include the cost of repairing, replacing,
242 or reinstalling inflatable safety restraints, tires, sound systems, or damage as a result of hail,
243 or any sales tax on parts or materials to rebuild or reconstruct the vehicle. For purposes of
244 this definition, "fair market value" means the retail value of a motor vehicle as:
245 a. Set forth in a current edition of any nationally recognized compilation of retail
246 values, including automated databases, or from publications commonly used by the
247 automotive and insurance industries to establish the values of motor vehicles;
248 b. Determined pursuant to a market survey of comparable vehicles with regard to
249 condition and equipment; and
250 c. Determined by an insurance company using any other procedure recognized by the
251 insurance industry , including market surveys, that is applied by the company in a uniform
252 manner;
253 [ (56) ] (58) "School bus", any motor vehicle used solely to transport students to or
254 from school or to transport students to or from any place for educational purposes;
255 [ (57) ] (59) "Scrap processor", a business that, through the use of fixed or mobile
256 equipment, flattens, crushes, or otherwise accepts motor vehicles and vehicle parts for
257 processing or transportation to a shredder or scrap metal operator for recycling;
258 [ (58) ] (60) "Shuttle bus", a motor vehicle used or maintained by any person, firm, or
259 corporation as an incidental service to transport patrons or customers of the regular business
260 of such person, firm, or corporation to and from the place of business of the person, firm, or
261 corporation providing the service at no fee or char ge. Shuttle buses shall not be registered as
262 buses or as commercial motor vehicles;
263 [ (59) ] (61) "Special mobile equipment", every self-propelled vehicle not designed or
264 used primarily for the transportation of persons or property and incidentally operated or
265 moved over the highways, including farm equipment, implements of husbandry , road
266 construction or maintenance machinery , ditch-digging apparatus, stone crushers, air
26 7 compressors, power shovels, cranes, graders, rollers, well-drillers and wood-sawing
26 8 equipment used for hire, asphalt spreaders, bituminous mixers, bucket loaders, ditchers,
269 leveling graders, finished machines, motor graders, road rollers, scarifiers, earth-moving
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270 carryalls, scrapers, drag lines, concrete pump trucks, rock-drilling and earth-moving
271 equipment. This enumeration shall be deemed partial and shall not operate to exclude
272 other such vehicles which are within the general terms of this section;
273 [ (60) ] (62) "Specially constructed motor vehicle", a motor vehicle which shall not
274 have been originally constructed under a distinctive name, make, model or type by a
275 manufacturer of motor vehicles. The term specially constructed motor vehicle includes kit
276 vehicles;
277 [ (61) ] (63) "Stinger- steered combination", a truck tractor-s emitrailer wherein the fifth
278 wheel is located on a drop frame located behind and below the rearmost axle of the power
279 unit;
280 [ (62) ] (64) "T andem axle", a group of two or more axles, arranged one behind
281 another , the distance between the extremes of which is more than forty inches and not more
282 than ninety-six inches apart;
283 [ (63) ] (65) "T owaway trailer transporter combination", a combination of vehicles
284 consisting of a trailer transporter towing unit and two trailers or semitrailers, with a total
285 weight that does not exceed twenty-six thousand pounds; and in which the trailers or
286 semitrailers carry no property and constitute inventory property of a manufacturer , distributer ,
287 or dealer of such trailers or semitrailers;
288 [ (64) ] (66) "T ractor", "truck tractor" or "truck-tractor", a self-propelled motor vehicle
289 designed for drawing other vehicles, but not for the carriage of any load when operating
290 independently . When attached to a semitrailer , it supports a part of the weight thereof;
291 [ (65) ] (67) "T railer", any vehicle without motive power designed for carrying
292 property or passengers on its own structure and for being drawn by a self-propelled vehicle,
293 except those running exclusively on tracks, including a semitrailer or vehicle of the trailer
294 type so designed and used in conjunction with a self-propelled vehicle that a considerable part
295 of its own weight rests upon and is carried by the towing vehicle. The term trailer shall not
296 include cotton trailers as defined in this section and shall not include manufactured homes as
297 defined in section 700.010;
298 [ (66) ] (68) "T railer transporter towing unit", a power unit that is not used to carry
299 property when operating in a towaway trailer transporter combination;
300 [ (67) ] (69) "T ruck", a motor vehicle designed, used, or maintained for the
301 transportation of property;
302 [ (68) ] (70) "T ruck-tractor semitrailer -semitrailer", a combination vehicle in which the
303 two trailing units are connected with a B-train assembly which is a rigid frame extension
304 attached to the rear frame of a first semitrailer which allows for a fifth-wheel connection point
305 for the second semitrailer and has one less articulation point than the conventional A-dolly
306 connected truck-tractor semitrailer -trailer combination;
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307 [ (69) ] (71) "T ruck-trailer boat transporter combination", a boat transporter
3 0 8 combination consisting of a straight truck towing a trailer using typically a ball and socket
309 connection with the trailer axle located substantially at the trailer center of gravity rather than
310 the rear of the trailer but so as to maintain a downward force on the trailer tongue;
311 [ (70) ] (72) "Used parts dealer", a business that buys and sells used motor vehicle
312 parts or accessories, but not including a business that sells only new , remanufactured or
313 rebuilt parts. Business does not include isolated sales at a swap meet of less than three days;
314 [ (71) ] (73) "Utility vehicle", any motorized vehicle manufactured and used
315 exclusively for of f-highway use which is more than fifty inches but no more than eighty
316 inches in width, measured from outside of tire rim to outside of tire rim, with an unladen dry
317 weight of three thousand five hundred pounds or less, traveling on four or six wheels, to be
318 used primarily for landscaping, lawn care, or maintenance purposes;
319 [ (72) ] (74) "V anpool", any van or other motor vehicle used or maintained by any
320 person, group, firm, corporation, association, city , county or state agency , or any member
321 thereof, for the transportation of not less than eight nor more than forty-eight employees, per
322 motor vehicle, to and from their place of employment; however , a vanpool shall not be
323 included in the definition of the term bus or commercial motor vehicle as defined in this
324 section, nor shall a vanpool driver be deemed a chauf feur as that term is defined by section
325 303.020; nor shall use of a vanpool vehicle for ride-sharing arrangements, recreational,
326 personal, or maintenance uses constitute an unlicensed use of the motor vehicle, unless used
327 for monetary profit other than for use in a ride-sharing arrangement;
328 [ (73) ] (75) "V ehicle", any mechanical device on wheels, designed primarily for use,
329 or used, on highways, except motorized bicycles, electric bicycles, vehicles propelled or
330 drawn by horses or human power , or vehicles used exclusively on fixed rails or tracks, or
331 cotton trailers or motorized wheelchairs operated by handicapped persons;
332 [ (74) ] (76) "W ater -damaged vehicle", any vehicle that has been submerged in
333 water to the point that rising water has reach ed over the door sill and has enter ed the
334 passenger or trunk compartment. The department of re venue shall issue the owner of a
335 water -damaged vehicle a certificate of ownership designated with the words "water -
336 damaged" in addition to "salvage" or "prior salvage";
337 (77) "W recker" or "tow truck", any emer gency commercial vehicle equipped,
338 designed and used to assist or render aid and transport or tow disabled or wrecked vehicles
339 from a highway , road, street or highway rights-of-way to a point of storage or repair ,
340 including towing a replacement vehicle to replace a disabled or wrecked vehicle;
341 [ (75) ] (78) "W recker or towing service", the act of transporting, towing or recovering
342 with a wrecker , tow truck, rollback or car carrier any vehicle not owned by the operator of the
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343 wrecker , tow truck, rollback or car carrier for which the operator directly or indirectly
344 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's license, nondriver's license, or permit. If the applicant does not have a Missouri
11 driver's license, nondriver's license, or permit, the full legal name shall be as it appears
12 on a 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 applicant's identification number and address of the
17 owner 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
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
HCS SB 1408 24
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
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
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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
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.
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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,
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
HCS SB 1408 27
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. 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 .
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.
HCS SB 1408 28
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 .
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.
301.092. 1. It shall be unlawful for a res ident of this state with a Missouri
2 r esidence addr ess, as defined in section 301.010, to title and regist er a motor vehicle in
HCS SB 1408 29
3 another state with the intent to circu mvent the motor vehicle titling and regi stration
4 r equir ements of this chapter .
5 2. Ther e shall be a r ebuttable presum ption that any motor vehicle owned and
6 operated by a res ident of this state with a Missouri res idence addr ess shall be subject to
7 the titling and regist ration r equir ements of this chapter and that the owner shall be
8 r esponsible for paying all applicable Missouri fees and taxes for such motor vehicle.
9 3. The following factors shall be consider ed when determining whether a
10 Missouri resi dent intended to cir cumvent the titling and r egistration req uiremen ts of
11 this chapter by titling and reg istering the motor vehicle in another state:
12 (1) The person has a Missouri driver's license with a Missouri r esidence addr ess;
13 (2) The resi dent files Missouri state income taxes as a res ident of Missouri or has
14 a Missouri tax liability;
15 (3) The Missouri res ident resi des in Missouri for at least six months and one day
16 in a calendar year;
17 (4) The Missouri res ident was the initial purc haser of the motor vehicle;
18 (5) The Missouri res ident operates or stor es the motor vehicle in Missouri; and
19 (6) The Missouri res ident has insur ed the motor vehicle.
20 4. V ehicles, excluding recr eational vehicles, mor e than fifty-four thousand
21 pounds and vehicles bearing apportioned plates are exempt fr om this section.
22 5. (1) If the department determines that a Missouri r esident has violated the
23 pr ovisions of this section and failed to title and reg ister a motor vehicle r equir ed to be
24 titled and r egister ed under this chapter , the department shall notify the Missouri
25 r esident in writing that:
26 (a) He or she is req uired to obtain a Missouri certificate of title and regist ration
27 for the motor vehicle and pay all taxes and fees for titling and registra tion owed for the
28 motor vehicle no later than ninety days fro m the date of the notice; and
29 (b) Failur e to pay such taxes shall res ult in a five-hundr ed-dollar penalty .
30 (2) If the Missouri re sident fails to comply with paragraphs (a) and (b) of
31 subdivision (1) of this subsection within the specified time, the department shall suspend
32 the Missouri res ident's driver's license until all taxes and fees for titling and regist ration
33 ar e paid in full including any penalties to comply with Missouri law .
301.093. 1. It shall be unlawful for a res ident of this state with a Missouri
2 r esidence addr ess, as defined in section 301.010, to title and regi ster a motor vehicle
3 under a partnership, limited liability company , or corporation that is operating as a
4 shell entity in another state, with the intent to circu mvent the motor vehicle titling and
5 r egistration req uire ments of this chapter .
HCS SB 1408 30
6 2. Ther e shall be a r ebuttable presum ption that any motor vehicle owned and
7 operated by a res ident of this state with a Missouri res idence addr ess shall be subject to
8 the titling and regist ration r equir ements of this chapter and that the owner shall be
9 r esponsible for paying all applicable Missouri fees and taxes for such motor vehicle.
10 3. The following factors shall be consider ed when determining whether a
11 partnership, limited liability company , or corporation is a shell entity for purposes of
12 this section:
13 (1) The partnership, limited liability company , or corporation lacks a specific
14 business activity or purpose;
15 (2) The partnership, limited liability company , or corporation fails to maintain a
16 physical location in the state where the motor vehicle is titled and r egister ed;
17 (3) The partnership, limited liability company , or corporation has a Missouri
18 income tax filing or has a Missouri tax liability;
19 (4) The partnership, limited liability company , or corporation fails to employ an
20 individual person or persons or fails to pr ovide employees with Internal Revenue
21 Service Form W -2 wage and tax statements; or
22 (5) The partnership, limited liability company , or corporation fails to file a
23 federal tax r eturn or fails to file a requ ired state tax ret urn in the state wher e the motor
24 vehicle is titled and register ed.
25 4. The following factors shall be consider ed when determining whether a
26 Missouri resi dent intended to cir cumvent the titling and r egistration req uiremen ts of
27 this chapter by titling and reg istering the motor vehicle under a shell entity:
28 (1) The person has a Missouri driver's license with a Missouri r esidence addr ess;
29 (2) The individual with the shell company files Missouri state income taxes as a
30 r esident of Missouri or has a Missouri tax liability;
31 (3) The Missouri r esident under the shell company was the initial pur chaser of
32 the motor vehicle;
33 (4) The Missouri res ident operates or stores the motor vehicle in Missouri;
34 (5) The Missouri res ident or shell company owner has insur ed the motor vehicle;
35 and
36 (6) The Missouri res ident resi des in Missouri for at least six months and one day
37 in a calendar year .
38 5. V ehicles excluding r ecreat ional vehicles mor e than fifty-four thousand pounds
39 as well as apportioned plates ar e exempt fr om this section.
40 6. (1) If the department determines that a Missouri res ident under the shell
41 company has violated the pro visions of this section and failed to title and r egister a
HCS SB 1408 31
42 motor vehicle requi red to be titled and r egister ed under this chapter , the department
43 shall notify the Missouri res ident in writing that:
44 (a) He or she is req uired to obtain a Missouri certificate of title and regist ration
45 for the motor vehicle and pay all taxes and fees for titling and registra tion owed for the
46 motor vehicle no later than ninety days fro m the date of the notice; and
47 (b) Failur e to pay such taxes shall res ult in a five-hundr ed-dollar penalty .
48 (2) If the Missouri re sident fails to comply with paragraphs (a) and (b) of
49 subdivision (1) of this subsection within the specified time, the department shall suspend
50 the Missouri res ident's driver's license until all taxes and fees for titling and regist ration
51 ar e paid in full including any penalties to comply with Missouri law .
301.094. 1. A Missouri res ident who willfully makes a false statement in rega rd
2 to the purc hase of a motor vehicle that is subject to fees and taxes for titling and
3 r egistration under this chapter , or who willfully attempts in any manner to evade
4 payment of the fees and taxes r equir ed under this chapter , is guilty of a fraudulent
5 practice and shall be assessed a fine equal to seventy-five per cent of the amount of the
6 unpaid fees and taxes and shall be r equir ed to pay all applicable fees and taxes at the
7 time the motor vehicle is titled and regi stered.
8 2. The department may use the motorist insurance identification database to
9 identify and determine the ownership of any motor vehicle not pr operly titled and
10 r egister ed in the state as requ ired by law . If thr ough the department's investigation it is
11 determined the owner of the motor vehicle is not in compliance with this chapter , the
12 department may impose a penalty on the owner of the motor vehicle in the amount of
13 five hundred dollars.
14 3. (1) If the department determines that a Missouri r esident has violated the
15 pr ovisions of this section and failed to title and reg ister a motor vehicle r equir ed to be
16 titled and r egister ed under this chapter , the department shall notify the Missouri
17 r esident in writing that:
18 (a) He or she is req uired to obtain a Missouri certificate of title and regist ration
19 for the motor vehicle and pay all taxes and fees for titling and registra tion owed for the
20 motor vehicle no later than sixty days fr om the date of the notice; and
21 (b) Failur e to pay such taxes shall res ult in a five-hundr ed-dollar penalty .
22 (2) If the Missouri re sident fails to comply with paragraphs (a) and (b) of
23 subdivision (1) of this subsection within the specified time, the department shall suspend
24 the Missouri res ident's driver's license until all taxes and fees for titling and regist ration
25 ar e paid in full including any penalties to comply with Missouri law .
HCS SB 1408 32
26 4. If during an investigation under this section the department finds no
27 appr opriate fees and taxes were paid when a motor vehicle was pur chased, the owner
28 shall pay all appr opriate fees, taxes, and penalties to comply with Missouri law .
29 5. Notwithstanding the pr ovisions of this section, upon making a reco rd of the
30 department's actions and upon reas onable cause shown, the dir ector may waive or
31 r educe any penalty imposed under this section.
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
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
HCS SB 1408 33
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
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 ,
41 nontinted cover so long as the plate is plainly visible and [ its ] the plate's reflective qualities
42 are not impaired. Additionally , license plate frames shall not cover or obscure any
43 information that is necessary for law enforc ement purposes. License plates shall be
44 fastened to all motor vehicles except trucks, tractors, truck tractors or truck-tractors licensed
45 in excess of twelve thousand pounds on the front and rear of such vehicles not less than eight
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46 nor more than forty-eight inches above the ground, with the letters and numbers thereon right
47 side up. The license plates on trailers, motorcycles, motortricycles, autocycles, and
48 motorscooters shall be displayed on the rear of such vehicles either horizontally or vertically ,
49 with the letters and numbers plainly visible. The license plate on buses, other than school
50 buses, and on trucks, tractors, truck tractors or truck-tractors licensed in excess of twelve
51 thousand pounds shall be displayed on the front of such vehicles not less than eight nor more
52 than forty-eight inches above the ground, with the letters and numbers thereon right side up or
53 if two plates are issued for the vehicle pursuant to subsection 3 of this section, displayed in
54 the same manner on the front and rear of such vehicles. The license plate or plates authorized
55 by section 301.140, when properly attached, shall be prima facie evidence that the required
56 fees have been paid.
57 6. (1) The director of revenue shall issue annually or biennially a tab or set of tabs as
58 provided by law as evidence of the annual payment of registration fees and the current
59 registration of a vehicle in lieu of the set of plates. Beginning January 1, 2010, the director
60 may prescribe any additional information recorded on the tab or tabs to ensure that the tab or
61 tabs positively correlate with the license plate or plates issued by the department of revenue
62 for such vehicle. Such tabs shall be produced in each license bureau of fice.
63 (2) The vehicle owner to whom a tab or set of tabs is issued shall affix and display
64 such tab or tabs in the designated area of the license plate, no more than one per plate.
65 (3) A tab or set of tabs issued by the director of revenue when attached to a vehicle in
66 the prescribed manner shall be prima facie evidence that the registration fee for such vehicle
67 has been paid.
68 (4) Except as otherwise provided in this section, the director of revenue shall issue
69 plates for a period of at least six years.
70 (5) For those commercial motor vehicles and trailers registered pursuant to section
71 301.041, the plate issued by the highways and transportation commission shall be a
72 permanent nonexpiring license plate for which no tabs shall be issued. Nothing in this section
73 shall relieve the owner of any vehicle permanently registered pursuant to this section from the
74 obligation to pay the annual registration fee due for the vehicle. The permanent nonexpiring
75 license plate shall be returned to the highways and transportation commission upon the sale or
76 disposal of the vehicle by the owner to whom the permanent nonexpiring license plate is
77 issued, or the plate may be transferred to a replacement commercial motor vehicle when the
78 owner files a supplemental application with the Missouri highways and transportation
79 commission for the registration of such replacement commercial motor vehicle. Upon
80 payment of the annual registration fee, the highways and transportation commission shall
81 issue a certificate of registration or other suitable evidence of payment of the annual fee, and
82 such evidence of payment shall be carried at all times in the vehicle for which it is issued.
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83 (6) Upon the sale or disposal of any vehicle permanently registered under this section,
84 or upon the termination of a lease of any such vehicle, the permanent nonexpiring plate issued
85 for such vehicle shall be returned to the highways and transportation commission and shall
86 not be valid for operation of such vehicle, or the plate may be transferred to a replacement
87 vehicle when the owner files a supplemental application with the Missouri highways and
88 transportation commission for the registration of such replacement vehicle. If a vehicle which
89 is permanently registered under this section is sold, wrecked or otherwise disposed of, or the
90 lease terminated, the registrant shall be given credit for any unused portion of the annual
91 registration fee when the vehicle is replaced by the purchase or lease of another vehicle
92 during the registration year .
93 7. Beginning January 1, 2027, the dir ector of rev enue may issue five-year tabs as
94 pr ovided by law as evidence of the payment of r egistration fees and the curren t
95 r egistration of a vehicle in lieu of the set of plates to motor vehicle owners electing a five-
96 year r egistration under subsection 2 of section 301.147.
97 8. The director of revenue and the highways and transportation commission may
98 prescribe rules and regulations for the effectiv e administration of this section. No rule or
99 portion of a rule promulgated under the authority of this section shall become ef fective unless
100 it has been promulgated pursuant to the provisions of section 536.024.
101 [ 8. ] 9. Notwithstanding the provisions of any other law to the contrary , owners of
102 motor vehicles other than apportioned motor vehicles or commercial motor vehicles licensed
103 in excess of twenty-four thousand pounds gross weight may apply for special personalized
104 license plates. V ehicles licensed for twenty-four thousand pounds that display special
105 personalized license plates shall be subject to the provisions of subsections 1 and 2 of section
106 301.030. On and after August 28, 2016, owners of motor vehicles, other than apportioned
107 motor vehicles or commercial motor vehicles licensed in excess of twenty-four thousand
108 pounds gross weight, may apply for any preexisting or hereafter statutorily created special
109 personalized license plates.
110 [ 9. ] 10. No later than January 1, 2019, the director of revenue shall commence the
111 reissuance of new license plates of such design as approved by the advisory committee under
112 section 301.125 consistent with the terms, conditions, and provisions of section 301.125 and
113 this chapter . Except as otherwise provided in this section, in addition to all other fees
114 required by law , applicants for registration of vehicles with license plates that expire during
115 the period of reissuance, applicants for registration of trailers or semitrailers with license
116 plates that expire during the period of reissuance and applicants for registration of vehicles
117 that are to be issued new license plates during the period of reissuance shall pay the cost of
118 the plates required by this subsection. The additional cost prescribed in this subsection shall
119 not be char ged to persons receiving special license plates issued under section 301.073 or
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120 301.443. Historic motor vehicle license plates registered pursuant to section 301.131 and
121 specialized license plates are exempt from the provisions of this subsection. Except for new ,
122 replacement, and transfer applications, permanent nonexpiring license plates issued to
123 commercial motor vehicles and trailers registered under section 301.041 are exempt from the
124 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
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.
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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
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
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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
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
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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
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
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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 shall constitute state revenue; however , amounts received by
77 an authorized producer other than the director of the department of revenue shall not
78 constitute state revenue and any amounts received by motor vehicle dealers or authorized
79 agents for temporary permits purchased from a producer other than the director of the
80 department of revenue shall not constitute state revenue. In no event shall revenues from the
81 general revenue fund or any other state fund be utilized to compensate motor vehicle dealers
82 or other producers for their role in producing temporary permits as authorized under this
83 section. Amounts that do not constitute state revenue under this section shall also not
84 constitute fees for registration or certificates of title to be collected by the director of the
85 department of revenue under section 301.190. No motor vehicle dealer , authorized agent or
86 the department of revenue shall char ge more than five dollars for each permit issued. ] The
87 [ permit ] interim plate shall be valid for a period of thirty days, [ or no more than ninety days
88 if issued by a dealer selling the motor vehicle under the provisions of section 301.213, or no
89 more than sixty days if issued by a dealer selling the motor vehicle under the provisions of
90 subsection 5 of section 301.210, ] or no mor e than sixty days if issued by a dealer selling
91 the motor vehicle under the pro visions of subsection 5 of section 301.210, from the date of
92 purchase of a motor vehicle or trailer , or from the date of sale of the motor vehicle or trailer
93 by a motor vehicle dealer for which the purchaser obtains [ a permit ] an interim plate as set
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94 out above. No permit shall be issued for a vehicle under this section unless the buyer shows
95 proof of financial responsibility . Each [ temporary permit ] interim plate issued shall be
96 securely fastened to the back or rear of the motor vehicle in a manner and place on the motor
97 vehicle consistent with registration plates so that all parts and qualities of the [ temporary
98 permit ] interim plate thereof shall be plainly and clearly visible, reasonably clean and are not
99 impaired in any way . The department shall issue a nontransferable in-transit plate for
100 motor vehicles, trailers, and boats purch ased by nonr esidents of this state for a fee of ten
101 dollars. Such in-transit plate shall be displayed in the r ear window of the newly
102 pur chased motor vehicle, and shall be pr ominently displayed for boats and trailers or on
103 the rear of the newly pur chased boat or trailer , be available to law enfor cement to query
104 in the department's system, and be void fifteen days after issuance. As soon as
105 technologically possible following the implementation and maintenance of a
1 0 6 modernized, integrated system for the titling of vehicles, issuance and rene wal of
107 vehicle regi strations, and perfection and release of liens and encumbrances on vehicles,
108 dealers selling the motor vehicle shall title and register vehicles, collect sales tax, verify
109 personal pr operty tax and insurance is curren t, and issue an interim plate with the same
110 configuration as the permanent plate, which shall subsequently be mailed to the owner
111 by the department. If a motor vehicle is pur chased independently , the time frame for
112 obtaining an interim plate shall be thirty days fro m the pur chase and the interim plate
113 shall be obtained thr ough the department of re venue or an authorized agent of the
114 department of rev enue, prov ided that the interim plate shall have the same
1 1 5 configuration as the permanent regist ration plate, which shall be mailed to the owner
116 by the department. No other type of temporary permit or plate shall be issued by the
117 department or an authorized agent of the department.
118 (2) The provisions of subdivision (1) of this subsection requiring satisfaction of all
119 applicable taxes under chapter 144 shall become ef fective only upon notification by the
120 director of the department of revenue that implementation of such requirements are
121 technologically feasible following the development and maintenance of a modernized,
122 integrated system for the titling of vehicles, the issuance and renewal of vehicle registrations,
123 the issuance and renewal of drivers' licenses and identification cards, and the perfection and
124 release of liens and encumbrances on vehicles.
125 5. The [ permit ] interim plate shall be issued on a form prescribed by the director of
126 the department of revenue and issued only for the applicant's temporary operation of the
127 motor vehicle or trailer purchased to enable the applicant to temporarily operate the motor
128 vehicle while proper title and registration plates are being obtained, or while awaiting receipt
129 of registration plates, and shall be displayed on no other motor vehicle. [ T emporary permits ]
130 Interim plates issued pursuant to this section shall not be transferable or renewable[ , ] and
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131 shall not be valid upon issuance of proper registration plates for the motor vehicle or trailer[,
132 and shall be returned to the department or to the department's agent upon the issuance of such
133 proper registration plates. Any temporary permit returned to the department or to the
134 department's agent shall be immediately destroyed]. The provisions of this subsection shall
135 not apply to [ temporary permits ] interim plates issued for commercial motor vehicles
136 licensed in excess of twenty-four thousand pounds gross weight. The director of the
137 department of revenue shall determine the size, material, design, numbering configuration,
138 construction, and color of the [ permit ] interim plate . The director of the department of
139 revenue, at his or her discretion, shall have the authority to reissue, and thereby extend the use
140 of, [ a temporary permit ] an interim plate previously and legally issued for a motor vehicle or
141 trailer while proper title and registration are being obtained.
142 6. Every motor vehicle dealer that issues [ temporary permits ] interim plates shall
143 keep, for inspection by proper of ficers, an accurate record of each [ permit ] interim plate
144 issued by recording the [ permit ] interim plate number that shall coincide with the
145 r egistration plate issued , the motor vehicle dealer's number , buyer's name and address, the
146 motor vehicle's year , make, and manufacturer's vehicle identification number , and the
147 [ permit's ] interim plate's date of issuance and expiration date. Upon the issuance of [ a
148 temporary permit ] an interim plate by either the central of fice of the department of revenue,
149 a motor vehicle dealer or an authorized agent of the department of revenue, the director of the
150 department of revenue shall make the information associated with the issued [ temporary
151 permit ] interim registra tion plate immediately available to the law enforcement community
152 of the state of Missouri. As soon as technologically possible following the implementation
153 and maintenance of a modernized, integrated system for the titling of vehicles, issuance
154 and r enewal of vehicle r egistrations, and perfection and rel ease of liens and
1 5 5 encumbrances on vehicles, dealers shall no longer issue temporary permits and no
156 r ecords shall need to be kept.
157 7. Upon the transfer of ownership of any currently registered motor vehicle wherein
158 the owner cannot transfer the license plates due to a change of motor vehicle category , the
159 owner may surrender the license plates issued to the motor vehicle and receive credit for any
160 unused portion of the original registration fee against the registration fee of another motor
161 vehicle. Such credit shall be granted based upon the date the license plates are surrendered.
162 No refunds shall be made on the unused portion of any license plates surrendered for such
163 credit.
164 8. [ An additional temporary license plate produced in a manner and of materials
165 determined by the director to be the most cost-eff ective means of production with a
166 configuration that matches an existing or newly issued plate ] A third plate may be purchased
167 by a motor vehicle owner to be placed in the interior of the vehicle's rear window such that
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168 the driver's view out of the rear window is not obstructed and the plate configuration is clearly
169 visible from the outside of the vehicle to serve as the visible plate when a bicycle rack or
170 other item obstructs the view of the actual plate. Such temporary plate is only authorized for
171 use when the matching actual plate is af fixed to the vehicle in the manner prescribed in
172 subsection 5 of section 301.130. The fee char ged for the [ temporary ] third plate shall be
173 equal to the fee char ged for a [ temporary permit issued under subsection 4 of this section ]
174 r eplacement plate as pr escribed in section 301.300 . [ Replacement temporary plates
175 authorized in this subsection may be issued as needed upon the payment of a fee equal to the
176 fee char ged for a temporary permit under subsection 4 of this section. ] The newly produced
177 third plate may only be used on the vehicle with the matching plate, and the additional plate
178 shall be clearly recognizable as a third plate and only used for the purpose specified in this
179 subsection.
180 9. Notwithstanding the provisions of section 301.217, the director may issue a
181 temporary permit to an individual who possesses a salvage motor vehicle which requires an
182 inspection under subsection 9 of section 301.190. The operation of a salvage motor vehicle
183 for which the permit has been issued shall be limited to the most direct route from the
184 residence, maintenance, or storage facility of the individual in possession of such motor
185 vehicle to the nearest authorized inspection facility and return to the originating location.
186 Notwithstanding any other requirements for the issuance of a temporary permit under this
187 section, an individual obtaining a temporary permit for the purpose of operating a motor
188 vehicle to and from an examination facility as prescribed in this subsection shall also
189 purchase the required motor vehicle examination form which is required to be completed for
190 an examination under subsection 9 of section 301.190 and provide satisfactory evidence that
191 such vehicle has passed a motor vehicle safety inspection for such vehicle as required in
192 section 307.350. As soon as technologically possible following the implementation and
193 maintenance of a modernized, integrated system for the titling of vehicles, issuance and
194 r enewal of vehicle reg istrations, and perfection and relea se of liens and encumbrances
195 on vehicles, if an inspection is req uired at an authorized inspection facility for a salvage
196 vehicle, the owner shall carry and possess an ownership document or pr oof of pur chase
197 and shall get an inspection within fifteen days of the sale.
198 10. The director of the department of revenue may promulgate all necessary rules and
199 regulations for the administration of this section. Any rule or portion of a rule, as that term is
200 defined in section 536.010, that is created under the authority delegated in this section shall
201 become ef fective only if it complies with and is subject to all of the provisions of chapter 536
202 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any
203 of the powers vested with the general assembly pursuant to chapter 536 to review , to delay the
204 ef fective date, or to disapprove and annul a rule are subsequently held unconstitutional, then
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205 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012,
206 shall be invalid and void.
207 [ 1 1. The repeal and reenactment of this section shall become ef fective on the date the
208 department of revenue or a producer authorized by the director of the department of revenue
209 begins producing temporary permits described in subsection 4 of such section, or on July 1,
210 2013, whichever occurs first. If the director of revenue or a producer authorized by the
211 director of the department of revenue begins producing temporary permits prior to July 1,
212 2013, the director of the department of revenue shall notify the revisor of statutes of such
213 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
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;
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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
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.
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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
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
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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.
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
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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 .
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
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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.
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
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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
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 five-year regi stration period, subject to the following requ irem ents:
22 (1) The fee collected at the time of five-year registra tion shall include the annual
23 r egistration fee plus a pr o rata amount for the additional four years of the five-year
24 r egistration;
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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 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
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's license, nondriver's license, or permit. If the
12 applicant does not have a Missouri driver's license, nondriver's license, or permit, the
13 full legal name shall be as it appears on a government-issued identification document,
14 birth certificate or as legally changed thr ough marriage or court order . Name changes
15 by 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
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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.
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
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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
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.
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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
116 described in this subsection in order to obtain a certificate of ownership with the designation
117 prior salvage motor vehicle shall not be required to repair or restore the vehicle to its original
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
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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 by an employee of a licensed new or used motor vehicle
130 dealer . The completed form shall certify that the manufacturer's identification number for
131 the vehicle has been inspected, that it is correctly displayed on the vehicle and shall certify the
132 reading shown on the odometer at the time of inspection. The inspection station or the
133 licensed new or used motor vehicle dealer shall collect the same fee as authorized in section
134 307.365 for making the inspection, and the fee shall be deposited in the same manner as
135 provided in section 307.365. If the vehicle is also to be registered in Missouri, [ the safety
136 inspection required in chapter 307 and ] the emissions inspection required under chapter 643
137 shall be completed and [ only ] the fees required by [ section 307.365 and ] section 643.315 shall
138 be char ged to the owner . This section shall not apply to vehicles being transferred on a
139 manufacturer's statement of origin.
140 1 1. Motor vehicles brought into this state in a wrecked or damaged condition or after
141 being towed as an abandoned vehicle pursuant to another state's abandoned motor vehicle
142 procedures shall, in lieu of the inspection required by subsection 10 of this section, be
143 inspected by the Missouri state highway patrol in accordance with subsection 9 of this
144 section. If the inspection reveals the vehicle to be in a salvage or junk condition, the director
145 shall so indicate on any Missouri certificate of ownership issued for such vehicle. Any
146 salvage designation shall be carried forward on all subsequently issued certificates of title for
147 the motor vehicle.
148 12. When an application is made for an original Missouri certificate of ownership for
149 a motor vehicle previously registered or titled in a state other than Missouri, and the
150 certificate of ownership has been appropriately designated by the issuing state as a
151 reconstructed motor vehicle, motor change vehicle, specially constructed motor vehicle, or
152 prior salvage vehicle, the director of revenue shall appropriately designate on the current
153 Missouri and all subsequent issues of the certificate of ownership the name of the issuing state
154 and such prior designation. The absence of any prior designation shall not relieve a transferor
155 of the duty to exercise due diligence with regard to such certificate of ownership prior to the
156 transfer of a certificate. If a transferor exercises any due diligence with regard to a certificate
157 of ownership, the legal transfer of a certificate of ownership without any designation that is
158 subsequently discovered to have or should have had a designation shall be a transfer free and
159 clear of any liabilities of the transferor associated with the missing designation.
160 13. When an application is made for an original Missouri certificate of ownership for
161 a motor vehicle previously registered or titled in a state other than Missouri, and the
162 certificate of ownership has been appropriately designated by the issuing state as non-USA-
163 std motor vehicle, the director of revenue shall appropriately designate on the current
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164 Missouri and all subsequent issues of the certificate of ownership the words "Non-USA-Std
165 Motor V ehicle".
166 14. The director of revenue and the superintendent of the Missouri state highway
167 patrol shall make and enforce rules for the administration of the inspections required by this
168 section.
169 15. Each application for an original Missouri certificate of ownership for a vehicle
170 which is classified as a reconstructed motor vehicle, manufactured forty or more years prior
171 to the current model year , and which has a value of three thousand dollars or less shall be
172 accompanied by:
173 (1) A proper af fidavit submitted by the owner explaining how the motor vehicle or
174 trailer was acquired and, if applicable, the reasons a valid certificate of ownership cannot be
175 furnished;
176 (2) Photocopies of receipts, bills of sale establishing ownership, or titles, and the
177 source of all major component parts used to rebuild the vehicle;
178 (3) A fee of one hundred fifty dollars in addition to the fees described in subsection 5
179 of this section. Such fee shall be deposited in the state treasury to the credit of the state
180 highways and transportation department fund; and
181 (4) An inspection certificate, other than a motor vehicle examination certificate
182 required under subsection 9 of this section, completed and issued by the Missouri state
183 highway patrol, or other law enforcement agency as authorized by the director of revenue.
184 The inspection performed by the highway patrol or other authorized local law enforcement
185 agency shall include a check for stolen vehicles.
186
187 The department of revenue shall issue the owner a certificate of ownership designated with
188 the words "Reconstructed Motor V ehicle" and deliver such certificate of ownership in
189 accordance with the provisions of this chapter . Notwithstanding subsection 9 of this section,
190 no owner of a reconstructed motor vehicle described in this subsection shall be required to
191 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
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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
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
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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.
301.472. 1. Any motor vehicle owner may receive special license plates for any
2 motor vehicle the person owns, either solely or jointly , other than an apportioned motor
3 vehicle or a commercial motor vehicle licensed in excess of twenty-four thousand pounds
4 gross weight as prescribed in this section after an annual payment of an emblem-use
5 authorization fee to a professional sports team which has made an agreement pursuant to
6 subsection 5 of this section. For the purposes of this section a "professional sports team" shall
7 mean an or ganization located in this state franchised by the National Professional Soccer
8 League, the National Football League, the National Basketball Association, the National
9 Hockey League, the International Hockey League, or the American League or the National
10 League of Major League Baseball or a team playing in Major League Soccer .
11 2. The professional sports team which has made an agreement pursuant to subsection
12 5 of this section and which receives the emblem-use authorization fee hereby authorizes the
13 use of its of ficial emblem to be af fixed on multiyear personalized license plates as provided in
14 this section. Any vehicle owner may annually apply for the use of the emblem. The director
15 of revenue shall not authorize the manufacturer of the material to produce such license plates
16 with the individual seal, logo, or emblem until the department of revenue receives a minimum
17 of one hundred applications for each specific professional sports team.
18 3. Upon annual application and payment of a thirty-five dollar emblem-use
19 contribution to the professional sports team such team shall issue to the vehicle owner ,
20 without further char ge, an emblem-use authorization statement, which shall be presented by
21 the owner to the director of the department of revenue at the time of registration of a motor
22 vehicle. Upon presentation of the annual statement and payment of a fifteen dollar fee in
23 addition to the regular registration fees, and presentation of other documents which may be
24 required by law , the director shall issue a personalized license plate, which shall bear the
25 of ficial emblem of the professional sports team in a manner determined by the director . Such
26 license plates shall be made with fully reflective material with a common color scheme and
27 design, shall be clearly visible at night, and shall be aesthetically attractive, as prescribed by
28 section 301.130. A fee for the issuance of personalized license plates issued pursuant to
29 section 301.144 shall not be required for plates issued pursuant to this section.
30 4. A vehicle owner , who was previously issued a plate with a professional sports team
31 emblem authorized by this section but who does not provide an emblem-use authorization
32 statement at a subsequent time of registration, shall be issued a new plate which does not bear
33 the professional sports team emblem, as otherwise provided by law .
34 5. The director of the department of revenue is authorized to make agreements with
35 professional sports teams on behalf of the state which allow the use of any such team's of ficial
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36 emblem pursuant to the provisions of this section as consideration for receiving a thirty-five
37 dollar emblem-use contribution. Beginning August 28, 2026, any emblem agr eement with
38 the Kansas City Chiefs shall terminate and no new license plates shall be issued in the
39 state with the team's official emblem. License plates issued prior to August 28, 2026,
40 shall r emain valid until such plates expir e or are surren dered by the vehicle owner ,
41 except that no emblem-use fees shall be charged or collected by the Kansas City Chiefs
42 after such date.
43 6. [ Except as provided in subsection 7 of this section, ] A professional sports team
44 receiving a thirty-five dollar contribution shall forward such contribution, less an amount not
45 in excess of five percent of the contribution for the costs of administration, to the Jackson
46 County Sports Authority or the St. Louis Regional Convention and V isitors Commission.
47 The moneys shall be administered as follows:
48 (1) The sports authority may retain not in excess of five percent of all funds
49 forwarded to it pursuant to this section for the costs of administration and shall expend the
50 remaining balance of such funds, after consultation with a professional sports team within the
51 authority's area, on marketing and promoting such team. The amount of money expended
52 from the funds obtained pursuant to this section by the authority per professional sports team
53 shall be in the same proportion to the total funds available to be expended on such team as the
54 proportion of contributions forwarded by the team to the authority is to the total contributions
55 received by the authority;
56 (2) The regional convention and visitors commission shall hold the revenues received
57 from the professional sports teams in the St. Louis area in separate accounts for each team.
58 Each team may submit an annual marketing plan to the commission. Expenses of a team
59 which are in accordance with the marketing plan shall be reimbursed by the commission as
60 long as moneys are available in the account. The commission may retain not in excess of five
61 percent for the costs of administration. If no marketing plan is submitted by a team, the
62 commission shall market and promote the team.
63 7. [The Kansas City Chiefs shall forward all emblem-use fees received, less an
64 amount not in excess of five percent of the costs of administration, to the Chiefs' Children's
65 Fund, a not-for -profit fund established to benefit children in need in the Kansas City area.
66 8. ] The director of the department of revenue shall promulgate rules and regulations
67 for the administration of this section. No rule or portion of a rule promulgated pursuant to the
68 authority of this section shall become ef fective unless it has been promulgated pursuant to the
69 provisions of chapter 536.
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:
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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 or more vessels or vessel trailers or both in any
9 calendar year shall be required as evidence that such person is eligible for licensure as a boat
10 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 or more
17 vessels or vessel trailers or both in the prior calendar year while licensed as a boat dealer
18 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,
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
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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
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,
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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 or more trailers in any calendar year shall be
85 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 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
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;
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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
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
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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;
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
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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
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
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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,
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
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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
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
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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
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
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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
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
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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:
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.
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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
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
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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:
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
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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;
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 license or nondriver's license. Source documents shall also include any
20 documents required for the issuance of driver's licenses or nondriver's licenses by the
21 department of revenue under the provisions of this chapter or accompanying regulations.
22 2. Except as provided in subsection 3 of this section and as required to carry out the
23 provisions of subsection 4 of this section, the department of revenue shall not retain copies, in
24 any format, of source documents presented by individuals applying for or holding driver's
25 licenses or nondriver's licenses or use technology to capture digital images of source
26 documents so that the images are capable of being retained in electronic storage in a
27 transferable format.
28 3. The provisions of this section shall not apply to:
29 (1) Original application forms, which may be retained but not scanned except as
30 provided in this section;
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31 (2) T est score documents issued by state highway patrol driver examiners and
32 Missouri commercial third-party tester examiners;
33 (3) Documents demonstrating lawful presence of any applicant who is not a citizen of
34 the United States, including documents demonstrating duration of the person's lawful
35 presence in the United States;
36 (4) Any document required to be retained under federal motor carrier regulations in
37 T itle 49, Code of Federal Regulations, including but not limited to documents required by
38 federal law for the issuance of a commercial driver's license and a commercial driver
39 instruction permit;
40 (5) Documents submitted by a commercial driver's license or commercial driver's
41 instruction permit applicant who is a Missouri resident and is a qualified current or former
42 military service member which allow for waiver of the commercial driver's license
43 knowledge test, skills test, or both; and
44 (6) Any other document at the request of and for the convenience of the applicant.
45 4. (1) T o the extent not prohibited under subsection 13 of this section, the department
46 of revenue shall amend procedures for applying for a driver's license or identification card in
47 order to comply with the goals or standards of the federal REAL ID Act of 2005, any rules or
48 regulations promulgated under the authority granted in such Act, or any requirements adopted
49 by the American Association of Motor V ehicle Administrators for furtherance of the Act,
50 unless such action conflicts with Missouri law .
51 (2) The department of revenue shall issue driver's licenses or identification cards that
52 are compliant with the federal REAL ID Act of 2005, as amended, to all applicants for
53 driver's licenses or identification cards unless an applicant requests a driver's license or
54 identification card that is not REAL ID compliant. Except as provided in subsection 3 of this
55 section and as required to carry out the provisions of this subsection, the department of
56 revenue shall not retain the source documents of individuals applying for driver's licenses or
57 identification cards not compliant with REAL ID. Upon initial application for a driver's
58 license or identification card, the department shall inform applicants of the option of being
59 issued a REAL ID compliant driver's license or identification card or a driver's license or
60 identification card that is not compliant with REAL ID. The department shall inform all
61 applicants:
62 (a) W ith regard to the REAL ID compliant driver's license or identification card:
63 a. Such card is valid for official state purposes and for of ficial federal purposes as
64 outlined in the federal REAL ID Act of 2005, as amended, such as domestic air travel and
65 seeking access to military bases and most federal facilities;
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66 b. Electronic copies of source documents will be retained by the department [ and
67 destroyed after the minimum time required for digital retention by the federal REAL ID Act
68 of 2005, as amended ]; and
69 c. The facial image capture will only be retained by the department if the application
70 is finished and submitted to the department; [and
71 d. Any other information the department deems necessary to inform the applicant
72 about the REAL ID compliant driver's license or identification card under the federal REAL
73 ID Act;]
74 (b) W ith regard to a driver's license or identification card that is not compliant with
75 the federal REAL ID Act:
76 a. Such card is valid for of ficial state purposes, but it is not valid for of ficial federal
77 purposes as outlined in the federal REAL ID Act of 2005, as amended, such as domestic air
78 travel and seeking access to military bases and most federal facilities;
79 b. Source documents will be verified [ but no copies of ] and such documents will be
80 retained by the department [ unless permitted under subsection 3 of this section, except as
81 necessary to process a request by a license or card holder or applicant ];
82 c. Any other information the department deems necessary to inform the applicant
83 about the driver's license or identification card.
84 5. The department of revenue shall not use, collect, obtain, share, or retain biometric
85 data nor shall the department use biometric technology to produce a driver's license or
86 nondriver's license or to uniquely identify licensees or license applicants. This subsection
87 shall not apply to digital images nor licensee signatures required for the issuance of driver's
88 licenses and nondriver's licenses or for the use of software for purposes of combating fraud,
89 or to biometric data collected from employees of the department of revenue, employees of the
90 of fice of administration who provide information technology support to the department of
91 revenue, contracted license of fices, and contracted manufacturers engaged in the production,
92 processing, or manufacture of driver's licenses or identification cards in positions which
93 require a background check in order to be compliant with the federal REAL ID Act or any
94 rules or regulations promulgated under the authority of such Act. Except as otherwise
95 provided by law , applicants' source documents and Social Security numbers shall not be
96 stored in any database accessible by any other state or the federal government. Such database
97 shall contain only the data fields included on driver's licenses and nondriver identification
98 cards compliant with the federal REAL ID Act, and the driving records of the individuals
99 holding such driver's licenses and nondriver identification cards.
100 6. Notwithstanding any provision of this chapter that requires an applicant to provide
101 reasonable proof of lawful presence for issuance or renewal of a noncommercial driver's
102 license, noncommercial instruction permit, or a nondriver's license, an applicant shall not
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103 have his or her privacy rights violated in order to obtain or renew a Missouri noncommercial
104 driver's license, noncommercial instruction permit, or a nondriver's license.
105 7. No citizen of this state shall have his or her privacy compromised by the state or
106 agents of the state. The state shall within reason protect the sovereignty of the citizens the
107 state is entrusted to protect. Any data derived from a person's application shall not be sold for
108 commercial purposes to any other or ganization or any other state without the express
109 permission of the applicant without a court order; except such information may be shared
110 with a law enforcement agency , judge, prosecuting attorney , or of ficer of the court, or with
111 another state for the limited purposes set out in section 302.600, or for the purposes set forth
112 in section 32.091, or for conducting driver history checks in compliance with the Motor
113 Carrier Safety Improvement Act, 49 U.S.C. Section 31309. The state of Missouri shall
114 protect the privacy of its citizens when handling any written, digital, or electronic data, and
115 shall not participate in any standardized identification system using driver's and nondriver's
116 license records except as provided in this section.
117 8. Other than to process a request by a license or card holder or applicant, no person
118 shall knowingly access, distribute, or allow access to or distribution of any written, digital, or
119 electronic data collected or retained under this section without the express permission of the
120 applicant or a court order , except that such information may be shared with a law enforcement
121 agency , judge, prosecuting attorney , or of ficer of the court, or with another state for the
122 limited purposes set out in section 302.600 or for conducting driver history checks in
123 compliance with the Motor Carrier Safety Improvement Act, 49 U.S.C. Section 31309. A
124 first violation of this subsection shall be a class A misdemeanor . A second violation of this
125 subsection shall be a class E felony . A third or subsequent violation of this subsection shall
126 be a class D felony .
127 9. Any person harmed or damaged by any violation of this section may bring a civil
128 action for damages, including noneconomic and punitive damages, as well as injunctive
129 relief, in the circuit court where that person resided at the time of the violation or in the circuit
130 court of Cole County to recover such damages from the department of revenue and any
131 persons participating in such violation. Sovereign immunity shall not be available as a
132 defense for the department of revenue in such an action. In the event the plaintif f prevails on
133 any count of his or her claim, the plaintif f shall be entitled to recover reasonable attorney fees
134 from the defendants.
135 10. The department of revenue may promulgate rules necessary to implement the
136 provisions of this section. Any rule or portion of a rule, as that term is defined in section
137 536.010, that is created under the authority delegated in this section shall become ef fective
138 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable,
139 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
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140 vested with the general assembly pursuant to chapter 536 to review , to delay the ef fective
141 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant
142 of rulemaking authority and any rule proposed or adopted after August 28, 2017, shall be
143 invalid and void.
144 1 1. Biometric data, digital images, source documents, and licensee signatures, or any
145 copies of the same, required to be collected or retained to comply with the requirements of the
146 federal REAL ID Act of 2005 shall be digitally retained for no longer than the minimum
147 duration required to maintain compliance, and immediately thereafter shall be securely
148 destroyed so as to make them irretrievable.
149 12. No agency , department, or of ficial of this state or of any political subdivision
150 thereof shall use, collect, obtain, share, or retain radio frequency identification data from a
151 REAL ID compliant driver's license or identification card issued by a state, nor use the same
152 to uniquely identify any individual.
153 13. Notwithstanding any provision of law to the contrary , the department of revenue
154 shall not amend procedures for applying for a driver's license or identification card, nor
155 promulgate any rule or regulation, for purposes of complying with modifications made to the
156 federal REAL ID Act of 2005 after August 28, 2017, imposing additional requirements on
157 applications, document retention, or issuance of compliant licenses or cards, including any
158 rules or regulations promulgated under the authority granted under the federal REAL ID Act
159 of 2005, as amended, or any requirements adopted by the American Association of Motor
160 V ehicle Administrators for furtherance thereof.
161 14. If the federal REAL ID Act of 2005 is modified or repealed such that driver's
162 licenses and identification cards issued by this state that are not compliant with the federal
163 REAL ID Act of 2005 are once again suf ficient for federal identification purposes, the
164 department shall not issue a driver's license or identification card that complies with the
165 federal REAL ID Act of 2005 and shall securely destroy , within thirty days, any source
166 documents retained by the department for the purpose of compliance with such Act.
302.309. 1. Whenever any license is suspended pursuant to sections 302.302 to
2 302.309, the director of revenue shall return the license to the operator immediately upon the
3 termination of the period of suspension and upon compliance with the requirements of
4 chapter 303.
5 2. Any operator whose license is revoked pursuant to [ these ] sections 302.302 to
6 302.309 , upon the termination of the period of revocation, shall apply for a new license in the
7 manner prescribed by law .
8 3. (1) All circuit courts, the director of revenue, or a commissioner operating under
9 section 478.007 shall have jurisdiction to hear applications and make eligibility
1 0 determinations granting limited driving privileges, except as provided under subdivision
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11 (8) of this subsection. Any application may be made in writing to the director of revenue and
12 the person's specific and necessary reasons for requesting the limited driving privilege shall
13 be made therein , including the times, r outes, and purposes of the pr oposed travel
14 necessary for obtaining the limited driving privilege. The burden shall be on the
15 operator to demonstrate to the court or the department that the limited driving
16 privilege is essential for the r easons listed in subdivision (2) of this subsection .
17 (2) When any court of record having jurisdiction or the director of revenue finds that
18 an operator is required to operate a motor vehicle in connection with any of the following:
19 (a) A business, occupation, or employment;
20 (b) Seeking medical treatment for such operator;
21 (c) Attending school or other institution of higher education;
22 (d) Attending alcohol- or drug-treatment programs;
23 (e) Seeking the required services of a certified ignition interlock device provider; [ or ]
24 (f) Attending a place of worship;
25 (g) T raveling to and fr om essential businesses including, but not limited to,
26 gr ocery stor es, supermarkets, hardware stor es, convenience and discount store s,
27 pharmacies, post offices and other shipping outlets, and gas stations; or
28 (h) Any other circumstance the court or director finds would create an undue hardship
29 on the operator ,
30
31 the court or director may grant such limited driving privilege as the circumstances of the case
32 justify if the court or director finds undue hardship would result to the individual, and while
33 so operating a motor vehicle within the restrictions and limitations of the limited driving
34 privilege the driver shall not be guilty of operating a motor vehicle without a valid license.
35 The court or dir ector has the authority to grant the r equest for limited driving
36 privileges under such r estrictions as the court or dir ector deems necessary , including
37 r estrictions as to routes , schedules, geographic limitations, or other conditions deemed
38 necessary to ensur e the operator's safe and limited operation of a motor vehicle. The
39 court or dir ector shall re tain authority to re voke or modify any grant of a limited
40 driving privilege upon a showing that the continued operation of a motor vehicle by the
41 operator would endanger other motorists or violate any term or condition imposed by
42 the court or dir ector .
43 (3) An operator may make application to the proper court in the county in which such
44 operator resides or in the county in which is located the operator's principal place of business
45 or employment. Any application for a limited driving privilege made to a circuit court shall
46 name the director as a party defendant and shall be served upon the director prior to the grant
47 of any limited privilege, and shall be accompanied by a copy of the applicant's driving record
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48 as certified by the director . Any applicant for a limited driving privilege shall have on file
49 with the department of revenue proof of financial responsibility as required by chapter 303.
50 Any application by a person who transports persons or property as classified in section
51 302.015 may be accompanied by proof of financial responsibility as required by chapter 303,
52 but if proof of financial responsibility does not accompany the application, or if the applicant
53 does not have on file with the department of revenue proof of financial responsibility , the
54 court or the director has discretion to grant the limited driving privilege to the person solely
55 for the purpose of operating a vehicle whose owner has complied with chapter 303 for that
56 vehicle, and the limited driving privilege must state such restriction. When operating such
57 vehicle under such restriction the person shall carry proof that the owner has complied with
58 chapter 303 for that vehicle.
59 (4) No limited driving privilege shall be issued to any person otherwise eligible under
60 the provisions of subdivision (6) of this subsection if such person has a license denial under
61 paragraph (a) or (b) of subdivision (8) of this subsection or on a license revocation resulting
62 from a conviction under subdivision (9) of subsection 1 of section 302.302, or a license
63 revocation under subdivision (2) of subsection 2 of section 302.525, or section 302.574 or
64 577.041, until the applicant has filed proof with the department of revenue that any motor
65 vehicle operated by the person is equipped with a functioning, certified ignition interlock
66 device as a required condition of limited driving privilege. The ignition interlock device
67 required for obtaining a limited driving privilege under paragraph (a) or (b) of subdivision (8)
68 of this subsection shall have a photo identification technology feature, and a court may
69 require a global positioning system feature for such device.
70 (5) The court order or the director's grant of the limited or restricted driving privilege
71 shall indicate the termination date of the privilege, which shall be not later than the end of the
72 period of suspension or revocation. The court order or the director's grant of the limited or
73 restricted driving privilege shall also indicate whether a functioning, certified ignition
74 interlock device is required as a condition of operating a motor vehicle with the limited
75 driving privilege. A copy of any court order shall be sent by the clerk of the court to the
76 director , and a copy shall be given to the driver which shall be carried by the driver whenever
77 such driver operates a motor vehicle. The director of revenue upon granting a limited driving
78 privilege shall give a copy of the limited driving privilege to the applicant. The applicant
79 shall carry a copy of the limited driving privilege while operating a motor vehicle. A
80 conviction which results in the assessment of points pursuant to section 302.302, other than a
81 violation of a municipal stop sign ordinance where no accident is involved, against a driver
82 who is operating a vehicle pursuant to a limited driving privilege terminates the privilege, as
83 of the date the points are assessed to the person's driving record. If the date of arrest is prior
84 to the issuance of the limited driving privilege, the privilege shall not be terminated. Failure
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85 of the driver to maintain proof of financial responsibility , as required by chapter 303, or to
86 maintain proof of installation of a functioning, certified ignition interlock device, as
87 applicable, shall terminate the privilege. The director shall notify by ordinary mail the driver
88 whose privilege is so terminated.
89 (6) Except as provided in subdivision (8) of this subsection, no person is eligible to
90 receive a limited driving privilege whose license at the time of application has been
91 suspended or revoked for the following reasons:
92 (a) A conviction of any felony in the commission of which a motor vehicle was used
93 and such conviction occurred within the five-year period prior to the date of application.
94 However , any felony conviction for leaving the scene of an accident under section 577.060
95 shall not render the applicant ineligible for a limited driving privilege under this section;
96 (b) Ineligibility for a license because of the provisions of subdivision (1), (2), (4), (5),
97 (6), (7), (8), (9), or (10) of subsection 1 of section 302.060; or
98 (c) Due to a suspension pursuant to subdivision (8) or (10) of subsection 1 of section
99 302.302 or subsection 2 of section 302.525.
100 (7) No person who possesses a commercial driver's license shall receive a limited
101 driving privilege issued for the purpose of operating a commercial motor vehicle if such
102 person's driving privilege is suspended, revoked, cancelled, denied, or disqualified. Nothing
103 in this section shall prohibit the issuance of a limited driving privilege for the purpose of
104 operating a noncommercial motor vehicle provided that pursuant to the provisions of this
105 section, the applicant is not otherwise ineligible for a limited driving privilege.
106 (8) (a) Provided that pursuant to the provisions of this section, the applicant is not
107 otherwise ineligible for a limited driving privilege, a circuit court or the director may , in the
108 manner prescribed in this subsection, allow a person who has had such person's license to
109 operate a motor vehicle revoked where that person cannot obtain a new license for a period of
110 ten years, as prescribed in subdivision (9) of subsection 1 of section 302.060, to apply for a
111 limited driving privilege pursuant to this subsection. Such person shall present evidence
112 satisfactory to the court or the director that such person's habits and conduct show that the
113 person no longer poses a threat to the public safety of this state. A circuit court shall grant a
114 limited driving privilege to any individual who otherwise is eligible to receive a limited
115 driving privilege, has filed proof of installation of a certified ignition interlock device, and has
116 had no alcohol-related enforcement contacts since the alcohol-related enforcement contact
117 that resulted in the person's license denial.
118 (b) Provided that pursuant to the provisions of this section, the applicant is not
119 otherwise ineligible for a limited driving privilege or convicted of acting with criminal
120 negligence while driving while intoxicated to cause the death of another person, a circuit
121 court or the director may , in the manner prescribed in this subsection, allow a person who has
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122 had such person's license to operate a motor vehicle revoked where that person cannot obtain
123 a new license for a period of five years because of two convictions of driving while
124 intoxicated, as prescribed in subdivision (10) of subsection 1 of section 302.060, to apply for
125 a limited driving privilege pursuant to this subsection. Such person shall present evidence
126 satisfactory to the court or the director that such person's habits and conduct show that the
127 person no longer poses a threat to the public safety of this state. Any person who is denied a
128 license permanently in this state because of an alcohol-related conviction subsequent to a
129 restoration of such person's driving privileges pursuant to subdivision (9) of subsection 1 of
130 section 302.060 shall not be eligible for limited driving privilege pursuant to the provisions of
131 this subdivision. A circuit court shall grant a limited driving privilege to any individual who
132 otherwise is eligible to receive a limited driving privilege, has filed proof of installation of a
133 certified ignition interlock device, and has had no alcohol-related enforcement contacts since
134 the alcohol-related enforcement contact that resulted in the person's license denial.
135 (9) A DWI docket or court established under section 478.007 may grant a limited
136 driving privilege to a participant in or graduate of the program who would otherwise be
137 ineligible for such privilege under another provision of law .
138 4. Any person who has received notice of denial of a request of limited driving
139 privilege by the director of revenue may make a request for a review of the director's
140 determination in the circuit court of the county in which the person resides or the county in
141 which is located the person's principal place of business or employment within thirty days of
142 the date of mailing of the notice of denial. Such review shall be based upon the records of the
143 department of revenue and other competent evidence and shall be limited to a review of
144 whether the applicant was statutorily entitled to the limited driving privilege.
145 5. The director of revenue shall promulgate rules and regulations necessary to carry
146 out the provisions of this section. Any rule or portion of a rule, as that term is defined in
147 section 536.010, that is created under the authority delegated in this section shall become
148 ef fective only if it complies with and is subject to all of the provisions of chapter 536 and, if
149 applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the
150 powers vested with the general assembly pursuant to chapter 536 to review , to delay the
151 ef fective date or to disapprove and annul a rule are subsequently held unconstitutional, then
152 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001,
153 shall be invalid and void.
302.341. 1. If a Missouri resident char ged with a moving traf fic violation of this state
2 or any county or municipality of this state fails to dispose of the char ges of which the resident
3 is accused through authorized prepayment of fine and court costs and fails to appear on the
4 return date or at any subsequent date to which the case has been continued, or without good
5 cause fails to pay any fine or court costs assessed against the resident for any such violation
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6 within the period of time specified or in such installments as approved by the court or as
7 otherwise provided by law , any court having jurisdiction over the char ges shall within ten
8 days of the failure to comply inform the defendant by ordinary mail at the last address shown
9 on the court records that the court [ will ] shall order the director of revenue to suspend the
10 defendant's driving privileges if the char ges are not disposed of and fully paid within thirty
11 days from the date of mailing. Thereafter , if the defendant fails to timely act to dispose of the
12 char ges and fully pay any applicable fines and court costs, the court shall notify the director
13 of revenue of such failure and of the pending char ges against the defendant. Upon receipt of
14 this notification, the director shall suspend the license of the driver , effectiv e immediately ,
15 and provide notice of the suspension to the driver at the last address for the driver shown on
16 the records of the department of revenue. Such suspension shall remain in ef fect until the
17 court with the subject pending char ge requests setting aside the noncompliance suspension
18 pending final disposition, or satisfactory evidence of disposition of pending char ges and
19 payment of fine and court costs, if applicable, is furnished to the director by the individual.
20 The filing of financial responsibility with the [ bureau of safety responsibility , ] department of
21 revenue[ , ] shall not be required as a condition of reinstatement of a driver's license suspended
22 solely under the provisions of this [ section ] subsection .
23 2. The provisions of subsection 1 of this section shall not apply to minor traff ic
24 violations as defined in section 479.350 ; however , minor traffic violations shall be subject
25 to subsection 3 of this section. Minor traffic violations shall not include nonmoving
26 violations such as, but not limited to, parking, standing, or stopping violations, including
27 expir ed meter violations.
28 3. If a Missouri res ident charged with a minor traffic violation of this state or
29 any county or municipality of this state fails to dispose of the charges of which the
30 r esident is accused thr ough authorized prep ayment of fine and court costs and fails to
31 appear on two ret urn dates, or without good cause fails to pay any fine or court costs
32 assessed against the res ident for any such violation within the period of time specified or
33 in such installments as appr oved by the court or as otherwise prov ided by law , any court
34 having jurisdiction over the charges shall, within ten days of the failur e to comply ,
35 inform the defendant by ordinary mail at the last addr ess shown on the court records
36 that the court may order the dir ector of reven ue to suspend the defendant's driving
37 privileges if the charges ar e not disposed of and fully paid within thirty days fr om the
38 date of mailing. Thereaf ter , if the defendant fails to timely act to dispose of the charges
39 and fully pay any applicable fines and court costs, the court may notify the dir ector of
40 r evenue of such failure and of the pending charges against the defendant. Upon receipt
41 of this notification, the dir ector shall pr ovide notice of the suspension at the last addr ess
42 for the driver shown on the records of the department of revenu e. The dir ector shall,
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43 thirty-thr ee days after mailing the suspension notice, suspend the driving privileges of
44 the defendant. Such suspension shall rem ain in effect until the court with the subject
45 pending charge re quests setting aside the noncompliance suspension pending final
46 disposition, or satisfactory evidence of disposition of pending charges and payment of
47 fine and court costs, if applicable, is furnished to the dir ector by the individual. The
48 filing of financial res ponsibility with the department of reven ue shall not be req uire d as
49 a condition of r einstatement of a driver's license suspended solely under the pr ovisions
50 of this subsection.
51 4. Subsection 3 of this section shall not be ret roa ctive .
302.733. 1. An operator of a commer cial motor vehicle shall be able to r ead and
2 speak the English language sufficiently to:
3 (1) Converse with the general public;
4 (2) Understand highway traffic signs and signals in the English language;
5 (3) Respond to official inquiries; and
6 (4) Make entries on rep orts and records.
7 2. A person commits the offense of operating a commer cial motor vehicle
8 without sufficient English language proficien cy if he or she:
9 (1) Operates a commer cial vehicle; and
10 (2) Fails to demonstrate pro ficiency in the English language as r equir ed under
11 subsection 1 of this section.
12 3. The offense of operating a commer cial motor vehicle without sufficient
13 English language proficien cy is a class D misdemeanor for a first offense and a class B
14 misdemeanor for a second or subsequent offense.
15 4. A driver found to be in violation of the language proficien cy requ irem ents of
16 this section shall be pr ohibited fr om operating a commer cial motor vehicle within this
17 state until such a time that the driver is able to meet the r equir ements of subsection 1 of
18 this section.
19 5. Any operator of a commer cial motor vehicle found to be in violation of this
20 section shall, in addition to the penalties pr ovided under subsections 3 and 4 of this
21 section, be subject to a fine of one thousand dollars.
22 6. A commer cial motor carrier whose driver is found to be in violation of this
23 section shall be subject to a fine of thr ee thousand dollars for each violation.
24 7. A commer cial motor carrier shall be notified of the location of any
25 commer cial motor vehicle involved in a violation of this section and, upon payment of a
26 fine in full and pr esentation of a driver who meets all of the req uirements to operate a
27 commer cial motor vehicle in this state, shall take possession of the vehicle. If the
28 commer cial motor carrier is unable to either pay such fine or pr esent such driver within
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29 twelve hours after notification, the owner of any cargo being transported by the
30 commer cial motor vehicle shall be notified and allowed to arrange for the transfer of the
31 cargo to another vehicle. Neither the state or the owner of such cargo shall be liable for
32 any reas onable action to transfer such cargo.
302.735. 1. An application shall not be taken from a nonresident after September 30,
2 2005. The application for a commercial driver's license shall include, but not be limited to,
3 the applicant's legal name, mailing and residence address, if dif ferent, a physical description
4 of the person, including sex, height, weight and eye color , the person's Social Security
5 number , date of birth and any other information deemed appropriate by the director . The
6 application shall also require, beginning September 30, 2005, the applicant to provide the
7 names of all states where the applicant has been previously licensed to drive any type of
8 motor vehicle during the preceding ten years.
9 2. A commercial driver's license shall expire on the applicant's birthday in the sixth
10 year after issuance, unless the license must be issued for a shorter period due to other
11 requirements of law or for transition or staggering of work as determined by the director , and
12 must be renewed on or before the date of expiration. When a person changes such person's
13 name an application for a duplicate license shall be made to the director of revenue. When a
14 person changes such person's mailing address or residence the applicant shall notify the
15 director of revenue of said change, however , no application for a duplicate license is required.
16 A commercial license issued pursuant to this section to an applicant less than twenty-one
17 years of age and seventy years of age and older shall expire on the applicant's birthday in the
18 third year after issuance, unless the license must be issued for a shorter period as determined
19 by the director .
20 3. A commercial driver's license containing a hazardous materials endorsement issued
21 to an applicant who is between the age of twenty-one and sixty-nine shall not be issued for a
22 period exceeding five years from the approval date of the security threat assessment as
23 determined by the T ransportation Security Administration.
24 4. The director shall issue a biennial commercial driver's license containing a school
25 bus endorsement to an applicant who is seventy-five years of age or older . The fee for such
26 license shall be seven dollars and fifty cents.
27 5. A commercial driver's license containing a hazardous materials endorsement issued
28 to an applicant who is seventy years of age or older shall not be issued for a period exceeding
29 three years. The director shall not require such drivers to obtain a security threat assessment
30 more frequently than such assessment is required by the T ransportation Security
3 1 Administration under the Uniting and Strengthening America by Providing Appropriate
32 T ools Required to Intercept and Obstruct T errorism Act (USA P A TRIOT ACT) of 2001.
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33 (1) The state shall immediately revoke a hazardous materials endorsement upon
34 receipt of an initial determination of threat assessment and immediate revocation from the
35 T ransportation Security Administration as defined by 49 CFR 1572.13(a).
36 (2) The state shall revoke or deny a hazardous materials endorsement within fifteen
37 days of receipt of a final determination of threat assessment from the T ransportation Security
38 Administration as required by CFR 1572.13(a).
39 6. The fee for a commercial driver's license or renewal commercial driver's license
40 issued for a period greater than three years shall be forty dollars.
41 7. The fee for a commercial driver's license or renewal commercial driver's license
42 issued for a period of three years or less shall be twenty dollars.
43 8. The fee for a duplicate commercial driver's license shall be twenty dollars.
44 9. In order for the director to properly transition driver's license requirements under
45 the Motor Carrier Safety Improvement Act of 1999 and the Uniting and Strengthening
46 America by Providing Appropriate T ools Required to Intercept and Obstruct T errorism Act
47 (USA P A TRIOT ACT) of 2001, the director is authorized to stagger expiration dates and
48 make adjustments for any fees, including driver examination fees that are incurred by the
49 driver as a result of the initial issuance of a transitional license required to comply with such
50 acts.
51 10. W ithin thirty days after moving to this state, the holder of a commercial driver's
52 license shall apply for a commercial driver's license in this state. The applicant shall meet all
53 other requirements of sections 302.700 to 302.780, except that the director may waive the
54 driving test for a commercial driver's license as required in section 302.720 if the applicant
55 for a commercial driver's license has a valid commercial driver's license from a state which
56 has requirements for issuance of such license comparable to those in this state.
57 1 1. Any person who falsifies any information in an application or test for a
58 commercial driver's license shall not be licensed to operate a commercial motor vehicle, or
59 the person's commercial driver's license shall be cancelled, for a period of one year after the
60 director discovers such falsification.
61 12. Beginning July 1, 2005, the director shall not issue a commercial driver's license
62 under this section unless the director verifies that the applicant is lawfully present in the
63 United States before accepting the application. If lawful presence is granted for a temporary
64 period, no commercial driver's license shall be issued. The director may , by rule or
65 regulation, establish procedures to verify the lawful presence of the applicant and establish
66 the duration of any commercial driver's license issued under this section. No rule or portion
67 of a rule promulgated pursuant to the authority of this section shall become ef fective unless it
68 has been promulgated pursuant to chapter 536.
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69 13. (1) Eff ective December 19, 2005, notwithstanding any provisions of subsections
70 1 and 5 of this section to the contrary , the director may issue a nondomiciled commercial
71 driver's license or commercial driver's instruction permit to a resident of a foreign jurisdiction
72 if the United States Secretary of T ransportation has determined that the commercial motor
73 vehicle testing and licensing standards in the foreign jurisdiction do not meet the testing
74 standards established in 49 CFR 383.
75 (2) Any applicant for a nondomiciled commercial driver's license or commercial
76 driver's instruction permit must present evidence satisfactory to the director that the applicant
77 currently has employment with an employer in this state. The nondomiciled applicant must
78 meet the same testing, driver record requirements, conditions, and is subject to the same
79 disqualification and conviction reporting requirements applicable to resident commercial
80 drivers.
81 (3) The nondomiciled commercial driver's license will expire on the same date that
82 the documents establishing lawful presence for employment expire. The word
8 3 "nondomiciled" shall appear on the face of the nondomiciled commercial driver's license.
84 Any applicant for a Missouri nondomiciled commercial driver's license or commercial
85 driver's instruction permit must first surrender any nondomiciled commercial driver's license
86 issued by another state.
87 (4) The nondomiciled commercial driver's license applicant must pay the same fees as
88 required for the issuance of a resident commercial driver's license or commercial driver's
89 instruction permit.
90 (5) A person holding a nondomiciled commer cial driver's license or commer cial
91 driver's instruction permit within this state shall also possess a valid work visa or
92 pr ovide pr oof of citizenship to validate his or her identity while operating a commer cial
93 motor vehicle. Pr oof of citizenship shall be demonstrated thr ough pr esentation of a
94 birth certificate, naturalization certificate, or valid passport.
95 (6) A commer cial motor carrier whose driver is found to be in violation of
96 subdivision (5) of this subsection shall be subject to a fine in the amount of thr ee
97 thousand dollars for each violation.
98 (7) A driver found to be in violation of subdivision (5) of this subsection shall be
99 pr ohibited fr om operating a commer cial motor vehicle within this state until such a time
100 that the driver is able to meet the requ irem ents of such subdivision. Any driver found to
101 be operating a motor vehicle within this state while under such pr ohibition shall be
102 guilty of a class B misdemeanor and upon conviction shall be subject to a fine not to
103 exceed one thousand dollars or by imprisonment for not mor e than ninety days, or by
104 both such fine and imprisonment.
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105 (8) The commer cial motor carrier shall be notified of the location of any
106 commer cial motor vehicle involved in a violation of subdivision (5) of this subsection
107 and, upon payment of the fine in full and pr esentation of a driver who meets all
108 r equir ements to operate a commer cial motor vehicle within this state, shall take
109 possession of the vehicle. If the commer cial motor carrier is unable to either pay such
110 fine or pr esent such driver within twelve hours after notification, the owner of any cargo
111 being transported by the commer cial motor vehicle shall be notified and allowed to
112 arrange for the transfer of the cargo to another vehicle. Neither the state or the owner
113 of such cargo shall be liable for any reas onable action to transfer such cargo.
114 14. Foreign jurisdiction for purposes of issuing a nondomiciled commercial driver's
115 license or commercial driver's instruction permit under this section shall not include any of
116 the fifty states of the United States or Canada or Mexico.
304.010. 1. As used in this section, the following terms mean:
2 (1) "Expressway", a divided highway of at least ten miles in length with four or more
3 lanes which is not part of the federal interstate system of highways which has crossovers or
4 accesses from streets, roads or other highways at the same grade level as such divided
5 highway;
6 (2) "Freeway", a limited access divided highway of at least ten miles in length with
7 four or more lanes which is not part of the federal interstate system of highways which does
8 not have any crossovers or accesses from streets, roads or other highways at the same grade
9 level as such divided highway within such ten miles of divided highway;
10 (3) "Rural interstate", that part of the federal interstate highway system that is not
11 located in an urban area;
12 (4) "Urbanized area", an area of fifty thousand population at a density at or greater
13 than one thousand persons per square mile.
14 2. Except as otherwise provided in this section, the uniform maximum speed limits
15 are and no vehicle shall be operated in excess of the speed limits established pursuant to this
16 section:
17 (1) Upon the rural interstates and freeways of this state, [ seventy ] seventy-five miles
18 per hour;
19 (2) Upon the rural expressways of this state, sixty-five miles per hour;
20 (3) Upon the interstate highways, freeways or expressways within the urbanized areas
21 of this state, sixty miles per hour;
22 (4) All other roads and highways in this state not located in an urbanized area and not
23 provided for in subdivisions (1) to (3) of this subsection, sixty miles per hour;
24 (5) All other roads provided for in subdivision (4) of this subsection shall not include
25 any state two-lane road which is identified by letter . Such lettered roads shall not exceed
HCS SB 1408 88
26 fifty-five miles per hour unless set at a higher speed as established by the department of
27 transportation, except that no speed limit shall be set higher than sixty miles per hour;
28 (6) For the purposes of enforcing the speed limit laws of this state, it is a rebuttable
29 presumption that the posted speed limit is the legal speed limit.
30 3. On any state road or highway where the speed limit is not set pursuant to a local
31 ordinance, the highways and transportation commission may set a speed limit higher or lower
32 than the uniform maximum speed limit provided in subsection 2 of this section, if a higher or
33 lower speed limit is recommended by the department of transportation. The department of
34 public safety , where it believes for safety reasons, or to expedite the flow of traff ic a higher or
35 lower speed limit is warranted, may request the department of transportation to raise or lower
36 such speed limit, except that no speed limit shall be set higher than [ seventy ] seventy-five
37 miles per hour .
38 4. Notwithstanding the provisions of section 304.120 or any other provision of law to
39 the contrary , cities, towns and villages may regulate the speed of vehicles on state roads and
40 highways within such cities', towns' or villages' corporate limits by ordinance with the
41 approval of the state highways and transportation commission. Any reduction of speed in
42 cities, towns or villages shall be designed to expedite the flow of traff ic on such state roads
43 and highways to the extent consistent with public safety . The commission may declare any
44 ordinance void if it finds that such ordinance is:
45 (1) Not primarily designed to expedite traff ic flow; and
46 (2) Primarily designed to produce revenue for the city , town or village which enacted
47 such ordinance.
48
49 If an ordinance is declared void, the city , town or village shall have any future proposed
50 ordinance approved by the highways and transportation commission before such ordinance
51 may take ef fect.
52 5. The county commission of any county of the second, third or fourth classification
53 may set the speed limit or the weight limit or both the speed limit and the weight limit on
54 roads or bridges on any county , township or road district road in the county and, with the
55 approval of the state highways and transportation commission, on any state road or highway
56 not within the limits of any incorporated city , town or village, lower than the uniform
57 maximum speed limit as provided in subsection 2 of this section where the condition of the
58 road or the nature of the area requires a lower speed. The maximum speed limit set by the
59 county commission of any county of the second, third, or fourth classification for any road
60 under the commission's jurisdiction shall not exceed fifty-five miles per hour if such road is
61 properly marked by signs indicating such speed limit. If the county commission does not
62 mark the roads with signs indicating the speed limit, the speed limit shall be fifty miles per
HCS SB 1408 89
63 hour . The commission shall send copies of any order establishing a speed limit or weight
64 limit on roads and bridges on a county , township or road district road in the county to the
65 chief engineer of the state department of transportation, the superintendent of the state
66 highway patrol and to any township or road district maintaining roads in the county . After the
67 roads have been properly marked by signs indicating the speed limits and weight limits set by
68 the county commission, the speed limits and weight limits shall be of the same ef fect as the
69 speed limits provided for in subsection 1 of this section and shall be enforced by the state
70 highway patrol and the county sheriff as if such speed limits and weight limits were
71 established by state law .
72 6. The county commission of any county of the second, third, or fourth classification
73 may by ordinance set a countywide speed limit on roads within unincorporated areas of any
74 county , township, or road district in the county and may establish reasonable speed
75 regulations for motor vehicles within the limit of such county . No person who is not a
76 resident of such county and who has not been within the limits thereof for a continuous period
77 of more than forty-eight hours shall be convicted of a violation of such ordinances, unless it is
78 shown by competent evidence that there was posted at the place where the boundary of such
79 county road enters the county a sign displaying in black letters not less than four inches high
80 and one inch wide on a white background the speed fixed by such county so that such signs
81 may be clearly seen by operators and drivers from their vehicles upon entering such county .
82 The commission shall send copies of any order establishing a countywide speed limit on a
83 county , township, or road district road in the county to the chief engineer of the Missouri
84 department of transportation, the superintendent of the state highway patrol, and to any
85 township or road district maintaining roads in the county . After the boundaries of the county
86 roads entering the county have been properly marked by signs indicating the speed limits set
87 by the county commission, the speed limits shall be of the same effect as the speed limits
88 provided for in subsection 1 of this section and shall be enforced by the state highway patrol
89 and the county sheriff as if such speed limits were established by state law .
90 7. All road signs indicating speed limits or weight limits shall be uniform in size,
91 shape, lettering and coloring and shall conform to standards established by the department of
92 transportation.
93 8. The provisions of this section shall not be construed to alter any speed limit set
94 below fifty-five miles per hour by any ordinance of any county , city , town or village of the
95 state adopted before March 13, 1996.
96 9. The speed limits established pursuant to this section shall not apply to the operation
97 of any emer gency vehicle as defined in section 304.022.
98 10. A violation of the provisions of this section shall not be construed to relieve the
99 parties in any civil action on any claim or counterclaim from the burden of proving
HCS SB 1408 90
100 negligence or contributory negligence as the proximate cause of any accident or as the
101 defense to a negligence action.
102 1 1. Any person violating the provisions of this section is guilty of a class C
103 misdemeanor , unless such person was exceeding the posted speed limit by twenty miles per
104 hour or more then it is a class B misdemeanor .
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 rebuilding process and [ vehicles ]
6 every motor vehicle subject to the provisions of section 307.380[;
7 (2) Those motor vehicles which are engaged in interstate commerce and are
8 proportionately registered in this state with the Missouri highway reciprocity commission,
9 although the owner may request that such vehicle be inspected by an of ficial inspection
10 station, and a peace of ficer may stop and inspect such vehicles to determine whether the
11 mechanical condition is in compliance with the safety regulations established by the United
12 States Department of T ransportation; and
13 (3) Historic motor vehicles registered pursuant to section 301.131;
14 (4) V ehicles registered in excess of twenty-four thousand pounds for a period of less
15 than twelve months;] shall submit such [ vehicles ] vehicle to [ a biennial ] an inspection of
16 [ their ] its mechanism and equipment in accordance with the provisions of sections 307.350 to
17 307.390 and obtain a certificate of inspection and approval and a sticker , seal, or other device
18 from a duly authorized of ficial inspection station. The inspection, except the inspection of
19 school buses which shall be made at the time provided in section 307.375, shall be made at
20 the time prescribed in the rules and regulations issued by the superintendent of the Missouri
21 state highway patrol; but the inspection of a vehicle shall not be made more than sixty days
22 prior to the date of application for registration or within sixty days of when a vehicle's
23 registration is transferred; however , if a vehicle was purchased from a motor vehicle dealer
24 and a valid inspection had been made within sixty days of the purchase date, the new owner
25 shall be able to utilize an inspection performed within ninety days prior to the application for
26 registration or transfer . Any vehicle manufactured as an even-numbered model year vehicle
27 shall be inspected and approved pursuant to the safety inspection program established
28 pursuant to sections 307.350 to 307.390 in each even-numbered calendar year and any such
29 vehicle manufactured as an odd-numbered model year vehicle shall be inspected and
30 approved pursuant to sections 307.350 to 307.390 in each odd-numbered year . The certificate
31 of inspection and approval shall be a sticker , seal, or other device or combination thereof, as
32 the superintendent of the Missouri state highway patrol prescribes by regulation and shall be
HCS SB 1408 91
33 displayed upon the motor vehicle or trailer as prescribed by the regulations established by
34 him. The replacement of certificates of inspection and approval which are lost or destroyed
35 shall be made by the superintendent of the Missouri state highway patrol under regulations
36 prescribed by him.
37 2. For the purpose of obtaining an inspection only , it shall be lawful to operate a
38 vehicle over the most direct route between the owner's usual place of residence and an
39 inspection station of such owner's choice, notwithstanding the fact that the vehicle does not
40 have a current state registration license. It shall also be lawful to operate such a vehicle from
41 an inspection station to another place where repairs may be made and to return the vehicle to
42 the inspection station notwithstanding the absence of a current state registration license.
43 3. No person whose motor vehicle was duly inspected and approved as provided in
44 this section shall be required to have the same motor vehicle again inspected and approved for
45 the sole reason that such person wishes to obtain a set of any special personalized license
46 plates available pursuant to section 301.144 or a set of any license plates available pursuant to
47 section 301.142, prior to the expiration date of such motor vehicle's current registration.
48 4. Notwithstanding the provisions of section 307.390, violation of this section shall
49 be deemed an infraction.
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;
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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;
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 ] shall be inspected and
3 an 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. [At the seller's expense
5 every used motor vehicle of the type required to be inspected by section 307.350 shall
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6 immediately prior to sale be fully inspected regardless of any current certificate of inspection
7 and approval, and an appropriate new certificate of inspection and approval, sticker , seal or
8 other device shall be obtained.]
9 2. Nothing contained in the provisions of this section shall be construed to prohibit a
10 dealer or any other person from selling a vehicle without a certificate of inspection and
11 approval if the vehicle is sold for junk, salvage, or for rebuilding, or for vehicles sold at public
12 auction or from dealer to dealer . The purchaser of any vehicle which is purchased for junk,
13 salvage, or for rebuilding shall give to the seller an affidavi t, on a form prescribed by the
14 superintendent of the Missouri state highway patrol, stating that the vehicle is being
15 purchased for one of the reasons stated herein. No vehicle of the type required to be inspected
16 by section 307.350 which is purchased as junk, salvage, or for rebuilding shall again be
17 registered in this state until the owner has submitted the vehicle for inspection and obtained
18 an of ficial certificate of inspection and approval, sticker , seal or other device for such vehicle.
19 3. Notwithstanding the provisions of section 307.390, violation of this section shall
20 be deemed an infraction.
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 by
18 sections 307.350 to 307.390 and sections 643.300 to 643.355. The director of revenue may
19 verify that a successful safety and emissions inspection was completed via electronic means.
20 2. The inspection requirement of subsection 1 of this section shall apply to all motor
21 vehicles except:
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22 (1) Motor vehicles with a manufacturer's gross vehicle weight rating in excess of
23 eight thousand five hundred pounds;
24 (2) Motorcycles and motortricycles if such vehicles are exempted from the motor
25 vehicle emissions inspection under federal regulation and approved by the commission by
26 rule;
27 (3) Model year vehicles manufactured prior to 1996;
28 (4) V ehicles which are powered exclusively by electric or hydrogen power or by fuels
29 other than gasoline which are exempted from the motor vehicle emissions inspection under
30 federal regulation and approved by the commission by rule;
31 (5) Motor vehicles registered in an area subject to the inspection requirements of
32 sections 643.300 to 643.355 which are domiciled and operated exclusively in an area of the
33 state not subject to the inspection requirements of sections 643.300 to 643.355, but only if the
34 owner of such vehicle presents to the department an af fidavit that the vehicle will be operated
35 exclusively in an area of the state not subject to the inspection requirements of sections
36 643.300 to 643.355 for the next twenty-four months, and the owner applies for and receives a
37 waiver which shall be presented at the time of registration or registration renewal;
38 (6) New and unused motor vehicles, of model years of the current calendar year and
39 of any calendar year within two years of such calendar year , which have an odometer reading
40 of less than six thousand miles at the time of original sale by a motor vehicle manufacturer or
41 licensed motor vehicle dealer to the first user;
42 (7) Historic motor vehicles registered pursuant to section 301.131;
43 (8) School buses;
44 (9) Heavy-duty diesel-powered vehicles with a gross vehicle weight rating in excess
45 of eight thousand five hundred pounds;
46 (10) New motor vehicles that have not been previously titled and registered, for the
47 four -year period following their model year of manufacture[, provided the odometer reading
48 for such motor vehicles are under forty thousand miles at their first required biennial safety
49 inspection conducted under sections 307.350 to 307.390; otherwise such motor vehicles shall
50 be subject to the emissions inspection requirements of subsection 1 of this section during the
51 same period that the biennial safety inspection is conducted];
52 (1 1) Motor vehicles that are driven fewer than twelve thousand miles between
53 biennial [ safety inspections ] r egistration periods ; and
54 (12) Qualified plug-in electric drive vehicles. For the purposes of this section,
55 "qualified plug-in electric drive vehicle" shall mean a plug-in electric drive vehicle that is
56 made by a manufacturer , has not been modified from original manufacturer specifications,
57 and can operate solely on electric power and is capable of rechar ging its battery from an on-
58 board generation source and an of f-board electricity source.
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59 3. The commission may , by rule, allow inspection reciprocity with other states having
60 equivalent or more stringent testing and waiver requirements than those established pursuant
61 to sections 643.300 to 643.355.
62 4. (1) At the time of sale, a licensed motor vehicle dealer , as defined in section
63 301.550, may choose to sell a motor vehicle subject to the inspection requirements of sections
64 643.300 to 643.355 either:
65 (a) W ith prior inspection and approval as provided in subdivision (2) of this
66 subsection; or
67 (b) W ithout prior inspection and approval as provided in subdivision (3) of this
68 subsection.
69 (2) If the dealer chooses to sell the vehicle with prior inspection and approval, the
70 dealer shall disclose, in writing, prior to sale, whether the vehicle obtained approval by
71 meeting the emissions standards established pursuant to sections 643.300 to 643.355 or by
72 obtaining a waiver pursuant to section 643.335. A vehicle sold pursuant to this subdivision by
73 a licensed motor vehicle dealer shall be inspected and approved within the one hundred
74 twenty days immediately preceding the date of sale, and, for the purpose of registration of
75 such vehicle, such inspection shall be considered timely .
76 (3) If the dealer chooses to sell the vehicle without prior inspection and approval, the
77 purchaser may return the vehicle within ten days of the date of purchase, provided that the
78 vehicle has no more than one thousand additional miles since the time of sale, if the vehicle
79 fails, upon inspection, to meet the emissions standards specified by the commission and the
80 dealer shall have the vehicle inspected and approved without the option for a waiver of the
81 emissions standard and return the vehicle to the purchaser with a valid emissions certificate
82 and sticker within five working days or the purchaser and dealer may enter into any other
83 mutually acceptable agreement. If the dealer chooses to sell the vehicle without prior
84 inspection and approval, the dealer shall disclose conspicuously on the sales contract and bill
85 of sale that the purchaser has the option to return the vehicle within ten days, provided that the
86 vehicle has no more than one thousand additional miles since the time of sale, to have the
87 dealer repair the vehicle and provide an emissions certificate and sticker within five working
88 days if the vehicle fails, upon inspection, to meet the emissions standards established by the
89 commission, or enter into any mutually acceptable agreement with the dealer . A violation of
90 this subdivision shall be an unlawful practice as defined in section 407.020. No emissions
91 inspection shall be required pursuant to sections 643.300 to 643.360 for the sale of any motor
92 vehicle which may be sold without a certificate of inspection and approval, as provided
93 pursuant to subsection 2 of section 307.380.
[ 229.130 . Every overseer shall erect and maintain at every road fork,
2 or road crossing, in his district that would likely mislead, a fingerboard,
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3 containing a legible inscription, directing the way and noting the distance to
4 the next important place on the road, for which he may be allowed not to
5 exceed two dollars, to be paid out of the road fund of the district. ]
[ 229.160 . All persons owning, controlling or managing threshing
2 machines, sawmills and steam engines or gasoline tractors are required, in
3 moving the same over public highways to lay down planks not less than one
4 foot wide and three inches in thickness on the floors of all bridges situate on
5 the public highways, while crossing the same with such threshing machines,
6 sawmills, steam engines or gasoline tractors, and in the event any person
7 owning any such machinery shall cross or attempt to cross any bridge upon
8 any public highway with such machinery who shall neglect or fail to lay down
9 said planks as a protection to said bridge and who shall, by reason of such
10 neglect cause injury to any such bridge, he shall be liable for double the
11 amount of such injury to be recovered in the name of the county or any
12 subdivision thereof, to the use and benefit of the road and bridge fund. ]
[ 229.210 . It shall be unlawful for any person to drive a vehicle, an
2 animal or animals or a load of any kind upon a highway bridge or culvert
3 recently constructed or repaired wholly or partly of concrete or upon the
4 surface of any improved highway of macadam, concrete, brick or bituminous
5 material; and which has not been opened to traff ic after the construction or
6 repair , by order of the county highway engineer of the county in which such
7 bridge or culvert or improved highway is situated, or by order of any other
8 person having char ge of the construction or repair of said bridge or culvert or
9 improved highway; provided, due notice to the public has been given that the
10 bridge or culvert or improved highway is closed to traf fic, by placing barriers
11 across the entrances to the bridge or culvert or improved highway and by
12 written or printed handbills placed at either entrance to the bridge or culvert or
13 improved highway stating that the bridge or culvert or improved highway is
14 closed to traf fic and mentioning the date on which same will be opened to
15 traf fic signed by the county highway engineer or by the person in char ge of the
16 construction or repair of the bridge or culvert or improved highway . ]
[ 229.220 . Any person violating the provisions of section 229.210 and
2 any person who shall unlawfully remove either of the barriers or either of the
3 written or printed notices above mentioned, shall be adjudged guilty of a
4 misdemeanor and upon conviction shall be punished by a fine of not less than
5 five dollars nor more than one hundred dollars. ]
[ 229.270 . Before a permit to move any house, building or other
2 structure is granted under the provisions of sections 229.230 to 229.290, the
3 applicant for such permit shall pay to the county clerk the sum of one dollar
4 therefor , and the county clerk shall account for such fees as is provided for in
5 other cases. ]
[ 229.420 . Where coal or other valuable mineral underlies any public
2 road in this state that has not been designated as a state highway or is not under
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3 the control of the state transportation department, if said coal or other mineral
4 is being mined on or from adjoining lands by the "strip pit" or surface process
5 of mining, the commissioners of any special road district or the township
6 board of directors if said road be not located in a special road district may
7 provide for the temporary abandonment of said road and the removal or
8 mining of said coal or other valuable mineral underlying said road and the
9 rebuilding of said road, in the manner and under the conditions provided in
10 sections 229.420 to 229.450, when in the opinion of said commissioners or
11 township board the public good would best be served thereby . ]
[ 229.430 . The commissioners of any special road district where said
2 road is located, or the township board if said road be not in a special road
3 district, whenever in their opinion the removal of said coal or other valuable
4 mineral from under the surface of said road and the rebuilding of said road will
5 be a public benefit, may with the approval and consent of the county
6 commission enter into a contract with any responsible person, firm or
7 corporation for the removal of said coal or other mineral and for the rebuilding
8 of said road under such terms and conditions as in their opinion are fair and
9 just. ]
[ 229.440 . 1. Before the commissioners of any special road district or
2 the township board of any township shall enter into any contract for the
3 removal of coal or other mineral from or under any public road they shall
4 submit their proposition to the county commission of the county for its
5 approval or rejection. If the commission approves the proposition they shall
6 direct the prosecuting attorney of the county to prepare the contract between
7 the commissioners or township board as the case may be and the parties with
8 whom they seek to contract.
9 2. Said contract shall particularly describe the road to be temporarily
10 abandoned, the kind and character of road to be rebuilt, and the time limit for
11 rebuilding same and before said contract is executed, the person, firm or
12 corporation with whom it is made shall file with the clerk of the county
13 commission a bond with good and suf ficient sureties in at least four times the
14 estimated cost of rebuilding said road after the removal of the coal or other
15 mineral from same. Said bond shall be payable to the state of Missouri for the
16 use and benefit of the special road district or township as the case may be and
17 approved by the county commission and shall provide that the person, firm or
18 corporation shall at their own expense remove said coal, within such time and
19 under such terms as may be provided and if in the opinion of the county
20 commission a temporary road be necessary or feasible, will at their own
21 expense construct and at all times maintain a good road along, near and
22 parallel to the road temporarily abandoned and connected with the usual road
23 at both ends, all within the time and on such terms as may be provided; that
24 they will be responsible and liable for any damages or injuries caused by their
25 negligence in not properly constructing or maintaining said temporary road;
26 that they will as soon as the coal or other mineral is removed from said road, at
27 their own expense and without delay rebuild the same in a good substantial
28 and workmanlike manner , according to the plans and specifications and within
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29 the time limit and according to the terms set forth in the contract. Said bond
30 may provide for penalties or liquidated damages for the violation of its
31 provisions.
32 3. When said road is complete as provided in the plans and
33 specifications and according to all the terms and conditions of the contract and
34 accepted by the county commission, the bond shall be released provided all
35 conditions of the bond have been met and all claims, liabilities and causes of
36 action, arising out of the performance of the conditions of said contract or
37 bond or out of the violation of the same have been wholly met, settled and
38 dischar ged. ]
[ 229.450 . Sections 229.420 to 229.450 shall apply only to counties
2 operating under township or ganization. All laws or parts of laws in conflict
3 with the provisions of sections 229.420 to 229.450 are hereby repealed. ]
Section B. The repeal and reenactment of sections 301.010, 301.020, 301.074,
2 301.132, 301.147, 301.190, 301.443, 302.309, 302.341, 307.350, 307.375, 307.380, and
3 643.315 of this act shall become effectiv e on January 1, 2027.
Section C. The repeal and reenactment of sections 144.070, 301.030, 301.050,
2 301.055, 301.070, 301.1 10, 301.140, 301.142, 301.550, 301.560, 301.570, 301.600, and
3 302.170 of this act shall take ef fect as soon as technologically possible following the
4 development and maintenance of a modernized, integrated system for the titling of vehicles,
5 issuance and renewal of vehicle registrations, issuance and renewal of driver's licenses and
6 identification cards, and perfection and release of liens and encumbrances on vehicles, to be
7 funded by the motor vehicle administration technology fund as created in section 301.558.
8 Following the development of the system, the director of the department of revenue shall
9 notify the governor , the secretary of state, and the revisor of statutes, and shall implement the
10 provisions of sections 144.070, 301.030, 301.050, 301.055, 301.070, 301.1 10, 301.140,
11 301.142, 301.550, 301.560, 301.570, 301.600, and 302.170 of this act.
✔
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