HOUSE BILL NO. 2741 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE CATON.
6089H.02I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 302.735, RSMo, and to enact in lieu thereof two new sections relating to commercial driver's licenses, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 302.735, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 302.733 and 302.735, to read as follows: 302.733. 1. An operator of a commercial motor vehicle shall be able to read 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 reports and records. 7 2. A person commits the offense of operating a commercial motor vehicle 8 without sufficient English language proficiency if he or she: 9 (1) Operates a commercial vehicle; and 10 (2) Fails to demonstrate proficiency in the English language as required under 11 subsection 1 of this section. 12 3. The offense of operating a commercial motor vehicle without sufficient 13 English language proficiency 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 proficiency requirements of 16 this section shall be prohibited from operating a commercial motor vehicle within this
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 2741 2
17 state until such a time that the driver is able to meet the requirements of subsection 1 of 18 this section. 19 5. Any operator of a commercial motor vehicle found to be in violation of this 20 section shall, in addition to the penalties provided under subsections 3 and 4 of this 21 section, be subject to a fine of one thousand dollars. 22 6. A commercial motor carrier whose driver is found to be in violation of this 23 section shall be subject to a fine of three thousand dollars for each violation. 24 7. A commercial motor carrier shall be notified of the location of any 25 commercial motor vehicle involved in a violation of this section and, upon payment of a 26 fine in full and presentation of a driver who meets all of the requirements to operate a 27 commercial motor vehicle in this state, shall take possession of the vehicle. If the 28 commercial motor carrier is unable to either pay such fine or present such driver within 29 twelve hours after notification, the owner of any cargo being transported by the 30 commercial 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 reasonable 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 different, 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 HB 2741 3
22 period exceeding five years from the approval date of the security threat assessment as 23 determined by the Transportation 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 Transportation Security 31 Administration under the Uniting and Strengthening America by Providing Appropriate 32 Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001. 33 (1) The state shall immediately revoke a hazardous materials endorsement upon 34 receipt of an initial determination of threat assessment and immediate revocation from the 35 Transportation 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 Transportation 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 Tools Required to Intercept and Obstruct Terrorism Act 47 (USA PATRIOT 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. Within 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 11. 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 HB 2741 4
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 effective unless it 68 has been promulgated pursuant to chapter 536. 69 13. (1) Effective 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 Transportation 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 83 "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 commercial driver's license or commercial 91 driver's instruction permit within this state shall also possess a valid work visa and 92 provide proof of citizenship to validate his or her identity while operating a commercial 93 motor vehicle. Proof of citizenship shall be demonstrated through presentation of a 94 birth certificate, naturalization certificate, or valid passport. HB 2741 5
95 (6) A commercial 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 three 97 thousand dollars for each violation. 98 (7) A driver found to be in violation of subdivision (5) of this subsection shall be 99 prohibited from operating a commercial motor vehicle within this state until such a time 100 that the driver is able to meet the requirements of such subdivision. Any driver found to 101 be operating a motor vehicle within this state while under such prohibition 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 more than ninety days, or by 104 both such fine and imprisonment. 105 (8) The commercial motor carrier shall be notified of the location of any 106 commercial motor vehicle involved in a violation of subdivision (5) of this subsection 107 and, upon payment of the fine in full and presentation of a driver who meets all 108 requirements to operate a commercial motor vehicle within this state, shall take 109 possession of the vehicle. If the commercial motor carrier is unable to either pay such 110 fine or present such driver within twelve hours after notification, the owner of any cargo 111 being transported by the commercial 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 reasonable 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. ✔
Statutes affected: