HOUSE BILL NO. 1798 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SASSMANN.
4917H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 302.173, RSMo, and to enact in lieu thereof one new section relating to driver's examination requirements.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 302.173, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 302.173, to read as follows: 302.173. 1. Any applicant for a license, who does not possess a valid license issued 2 pursuant to the laws of this state, another state, or a country which has a reciprocal agreement 3 with the state of Missouri regarding the exchange of licenses pursuant to section 302.172 4 shall be examined as herein provided. Any person who has failed to renew such person's 5 license on or before the date of its expiration or within six months thereafter must take the 6 complete examination. Any active member of the Armed Forces, their adult dependents or 7 any active member of the Peace Corps may apply for a renewal license without examination 8 of any kind, unless otherwise required by sections 302.700 to 302.780, provided the renewal 9 application shows that the previous license had not been suspended or revoked. Any person 10 honorably discharged from the Armed Forces of the United States who held a valid license 11 prior to being inducted may apply for a renewal license within sixty days after such person's 12 honorable discharge without submitting to any examination of such person's ability to safely 13 operate a motor vehicle over the highways of this state unless otherwise required by sections 14 302.700 to 302.780, other than the vision test provided in section 302.175, unless the facts set 15 out in the renewal application or record of convictions on the expiring license, or the records 16 of the director show that there is good cause to authorize the director to require the applicant 17 to submit to the complete examination. No applicant for a renewal license shall be required to
EXPLANATION — 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. HB 1798 2
18 submit to any examination of his or her ability to safely operate a motor vehicle over the 19 highways of this state unless otherwise required by sections 302.700 to 302.780 or regulations 20 promulgated thereunder, other than a test of the applicant's ability to understand highway 21 signs regulating, warning or directing traffic and the vision test provided in section 302.175, 22 unless the facts set out in the renewal application or record of convictions on the expiring 23 license, or the records of the director show that there is good cause to authorize the director to 24 require the applicant to submit to the complete examination. The examination shall be made 25 available in each county. Reasonable notice of the time and place of the examination shall be 26 given the applicant by the person or officer designated to conduct it. The complete 27 examination shall include a test of the applicant's natural or corrected vision as prescribed in 28 section 302.175, the applicant's ability to understand highway signs regulating, warning or 29 directing traffic, the applicant's practical knowledge of the traffic laws of this state, and an 30 actual demonstration of ability to exercise due care in the operation of a motor vehicle of the 31 classification for which the license is sought. The written portion of the examination shall 32 only be administered in the English language and no translators shall be allowed for 33 applicants taking the written portion of the examination. When an applicant for a license 34 has a license from a state which has requirements for issuance of a license comparable to the 35 Missouri requirements or a license from a country which has a reciprocal agreement with the 36 state of Missouri regarding the exchange of licenses pursuant to section 302.172 and such 37 license has not expired more than six months prior to the date of application for the Missouri 38 license, the director may waive the test of the applicant's practical knowledge of the traffic 39 laws of this state, and the requirement of actual demonstration of ability to exercise due care 40 in the operation of a motor vehicle. If the director has reasonable grounds to believe that an 41 applicant is suffering from some known physical or mental ailment which ordinarily would 42 interfere with the applicant's fitness to operate a motor vehicle safely upon the highways, the 43 director may require that the examination include a physical or mental examination by a 44 licensed physician of the applicant's choice, at the applicant's expense, to determine the fact. 45 The director shall prescribe regulations to ensure uniformity in the examinations and in the 46 grading thereof and shall prescribe and furnish all forms to the members of the highway patrol 47 and to other persons authorized to conduct examinations as may be necessary to enable the 48 officer or person to properly conduct the examination. The records of the examination shall 49 be forwarded to the director who shall not issue any license hereunder if in the director's 50 opinion the applicant is not qualified to operate a motor vehicle safely upon the highways of 51 this state. 52 2. Beginning July 1, 2005, when the examiner has reasonable grounds to believe that 53 an individual has committed fraud or deception during the examination process, the license 54 examiner shall immediately forward to the director all information relevant to any fraud or HB 1798 3
55 deception, including, but not limited to, a statement of the examiner's grounds for belief that 56 the person committed or attempted to commit fraud or deception in the written, skills, or 57 vision examination. 58 3. The director of revenue shall delegate the power to conduct the examinations 59 required for a license or permit to any member of the highway patrol or any person employed 60 by the highway patrol. The powers delegated to any examiner may be revoked at any time by 61 the director of revenue upon notice. 62 4. Notwithstanding the requirements of subsections 1 and 3 of this section, the 63 successful completion of a motorcycle rider training course approved pursuant to sections 64 302.133 to 302.137 shall constitute an actual demonstration of the person's ability to exercise 65 due care in the operation of a motorcycle or motortricycle, and no further practical knowledge 66 or driving test shall be required to obtain a motorcycle or motortricycle license or 67 endorsement. The motorcycle rider training course completion shall be accepted for purposes 68 of motorcycle license or endorsement issuance for one year from the date of course 69 completion. 70 5. Notwithstanding the requirements of subsections 1 and 3 of this section, the 71 successful completion of a military motorcycle rider training course that meets or exceeds the 72 Motorcycle Safety Foundation curriculum standards by an applicant who is an active member 73 of the United States Armed Forces, shall constitute an actual demonstration of the person's 74 ability to exercise due care in the operation of a motorcycle or motortricycle, and no further 75 practical knowledge or driving test shall be required to obtain a motorcycle or motortricycle 76 license or endorsement. The military motorcycle rider training course completion shall be 77 accepted for purposes of motorcycle license or endorsement issuance for one year from the 78 date of course completion. The director of revenue is authorized to promulgate rules and 79 regulations for the administration and implementation of this subsection including rules 80 governing the presentment of motorcycle training course completion cards from a military 81 motorcycle rider training course or other documentation showing that the applicant has 82 successfully completed a course in basic motorcycle safety instruction that meets or exceeds 83 curriculum standards established by the Motorcycle Safety Foundation or other national 84 organization whose purpose is to improve the safety of motorcyclists on the nation's streets 85 and highways. Any rule or portion of a rule, as that term is defined in section 536.010, that is 86 created under the authority delegated in this section shall become effective only if it complies 87 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. 88 This section and chapter 536 are nonseverable and if any of the powers vested with the 89 general assembly pursuant to chapter 536 to review, to delay the effective date, or to 90 disapprove and annul a rule are subsequently held unconstitutional, then the grant of HB 1798 4
91 rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid 92 and void. ✔
Statutes affected: