302.720. Operation without license prohibited, exceptions--instruction permit, use, duration, fee--license, test required, contents, fee--director to promulgate rules and regulations for certification
Operation without license prohibited, exceptions--instruction permit,use, duration, fee--license, test required, contents,fee--director to promulgate rules and regulations forcertification of third-party testers--certain persons prohibitedfrom obtaining license, exceptions--third-party testers, when.
302.720. 1. Except when operating under an instruction permit asdescribed in this section, no person may drive a commercial motor vehicleunless the person has been issued a commercial driver's license withapplicable endorsements valid for the type of vehicle being operated asspecified in sections 302.700 to 302.780. A commercial driver'sinstruction permit shall allow the holder of a valid license to operate acommercial motor vehicle when accompanied by the holder of a commercialdriver's license valid for the vehicle being operated and who occupies aseat beside the individual, or reasonably near the individual in the caseof buses, for the purpose of giving instruction in driving the commercialmotor vehicle. A commercial driver's instruction permit shall be valid forthe vehicle being operated for a period of not more than six months, andshall not be issued until the permit holder has met all other requirementsof sections 302.700 to 302.780, except for the driving test. A permitholder, unless otherwise disqualified, may be granted one six-month renewalwithin a one-year period. The fee for such permit or renewal shall be fivedollars. In the alternative, a commercial driver's instruction permitshall be issued for a thirty-day period to allow the holder of a validdriver's license to operate a commercial motor vehicle if the applicant hascompleted all other requirements except the driving test. The permit maybe renewed for one additional thirty-day period and the fee for the permitand for renewal shall be five dollars.
2. No person may be issued a commercial driver's license until he haspassed written and driving tests for the operation of a commercial motorvehicle which complies with the minimum federal standards established bythe Secretary and has satisfied all other requirements of the CommercialMotor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570), as well asany other requirements imposed by state law. Applicants for a hazardousmaterials endorsement must also meet the requirements of the U.S. PatriotAct of 2001 (Title X of Public Law 107-56) as specified and required byregulations promulgated by the Secretary. Nothing contained in thissubsection shall be construed as prohibiting the director from establishingalternate testing formats for those who are functionally illiterate;provided, however, that any such alternate test must comply with theminimum requirements of the Commercial Motor Vehicle Safety Act of 1986(Title XII of Pub. Law 99-570) as established by the Secretary.
(1) The written and driving tests shall be held at such times and insuch places as the superintendent may designate. A twenty-five dollarexamination fee shall be paid by the applicant upon completion of anywritten or driving test, except the examination fee shall be waived forapplicants seventy years of age or older renewing a license with a schoolbus endorsement. The director shall delegate the power to conduct theexaminations required under sections 302.700 to 302.780 to any member ofthe highway patrol or any person employed by the highway patrol qualifiedto give driving examinations. The written test shall only be administeredin the English language. No translators shall be allowed for applicantstaking the test.
(2) The director shall adopt and promulgate rules and regulationsgoverning the certification of third-party testers by the department ofrevenue. Such rules and regulations shall substantially comply with therequirements of 49 CFR Part 383, Section 383.75. A certification toconduct third-party testing shall be valid for one year, and the departmentshall charge a fee of one hundred dollars to issue or renew thecertification of any third-party tester.
(3) Beginning August 28, 2006, the director shall only issue or renewthird-party tester certification to community colleges established underchapter 178, RSMo, or to private companies who own, lease, or maintaintheir own fleet and administer in-house testing to their employees, or toschool districts and their agents that administer in-house testing to theschool district's or agent's employees. Any third-party tester whoviolates any of the rules and regulations adopted and promulgated pursuantto this section shall be subject to having his certification revoked by thedepartment. The department shall provide written notice and an opportunityfor the third-party tester to be heard in substantially the same manner asprovided in chapter 536, RSMo. If any applicant submits evidence that hehas successfully completed a test administered by a third-party tester, theactual driving test for a commercial driver's license may then be waived.
(4) Every applicant for renewal of a commercial driver's licenseshall provide such certifications and information as required by thesecretary and if such person transports a hazardous material must also meetthe requirements of the U.S. Patriot Act of 2001 (Title X of Public Law107-56) as specified and required by regulations promulgated by theSecretary. Such person shall be required to take the written test for suchendorsement. A twenty-five dollar examination fee shall be paid uponcompletion of such tests.
(5) The director shall have the authority to waive the driving skillstest for any qualified military applicant for a commercial driver's licensewho is currently licensed at the time of application for a commercialdriver's license. The director shall impose conditions and limitations torestrict the applicants from whom the department may accept alternativerequirements for the skills test described in federal regulation 49 C.F.R.383.77. An applicant must certify that, during the two-year periodimmediately preceding application for a commercial driver's license, all ofthe following apply:
(a) The applicant has not had more than one license;
(b) The applicant has not had any license suspended, revoked, orcancelled;
(c) The applicant has not had any convictions for any type of motorvehicle for the disqualifying offenses contained in this chapter or federalrule 49 C.F.R. 383.51(b);
(d) The applicant has not had more than one conviction for any typeof motor vehicle for serious traffic violations;
(e) The applicant has not had any conviction for a violation of stateor local law relating to motor vehicle traffic control, but not includingany parking violation, arising in connection with any traffic accident, andhas no record of an accident in which he or she was at fault;
(f) The applicant is regularly employed in a job requiring operationof a commercial motor vehicle and has operated the vehicle for at leastsixty days during the two years immediately preceding application for acommercial driver's license. The vehicle must be representative of thecommercial motor vehicle the driver applicant operates or expects tooperate;
(g) The applicant, if on active duty, must provide a notarizedaffidavit signed by a commanding officer as proof of driving experience asindicated in paragraph (f) of this subdivision;
(h) The applicant, if honorably discharged from military service,must provide a form-DD214 or other proof of military occupationalspecialty;
(i) The applicant must meet all federal and state qualifications tooperate a commercial vehicle; and
(j) The applicant will be required to complete all applicableknowledge tests.
3. A commercial driver's license may not be issued to a person whilethe person is disqualified from driving a commercial motor vehicle, when adisqualification is pending in any state or while the person's driver'slicense is suspended, revoked, or canceled in any state; nor may acommercial driver's license be issued unless the person first surrenders ina manner prescribed by the director any commercial driver's license issuedby another state, which license shall be returned to the issuing state forcancellation.
4. Beginning July 1, 2005, the director shall not issue aninstruction permit under this section unless the director verifies that theapplicant is lawfully present in the United States before accepting theapplication. The director may, by rule or regulation, establish proceduresto verify the lawful presence of the applicant under this section. No ruleor portion of a rule promulgated pursuant to the authority of this sectionshall become effective unless it has been promulgated pursuant to chapter536, RSMo.
5. Notwithstanding the provisions of this section or any other law tothe contrary, beginning August 28, 2008, the director of the department ofrevenue shall certify as a third-party tester any municipality that owns,leases, or maintains its own fleet* that requires certain employees as acondition of employment to hold a valid commercial driver's license; andthat administered in-house testing to such employees prior to August 28,2006.
(L. 1989 1st Ex. Sess. H.B. 3, A.L. 1995 H.B. 717, A.L. 2002 H.B. 1270 and H.B. 2032, A.L. 2004 S.B. 1233, et al., A.L. 2006 S.B. 1001, et al., A.L. 2007 S.B. 82, A.L. 2008 H.B. 1549, et al. merged with S.B. 930 & 947)*Word "fleets" appears in original rolls of S.B. 930 & 947, 2008.