302.130. Issuance of temporary instruction permit, when--requirements--duration--permit driver sticker or sign issued, when--rulemaking authority.
Issuance of temporary instruction permit,when--requirements--duration--permit driver sticker or signissued, when--rulemaking authority.
302.130. 1. Any person at least fifteen years of age who, except forage or lack of instruction in operating a motor vehicle, would otherwise bequalified to obtain a license pursuant to sections 302.010 to 302.340 mayapply for and the director shall issue a temporary instruction permitentitling the applicant, while having such permit in the applicant'simmediate possession, to drive a motor vehicle of the appropriate classupon the highways for a period of twelve months, but any such person,except when operating a motorcycle or motortricycle, must be accompanied bya licensed operator for the type of motor vehicle being operated who isactually occupying a seat beside the driver for the purpose of givinginstruction in driving the motor vehicle, who is at least twenty-one yearsof age, and in the case of any driver under sixteen years of age, thelicensed operator occupying the seat beside the driver shall be agrandparent, parent, guardian, a driver training instructor holding a validdriver education endorsement on a teaching certificate issued by thedepartment of elementary and secondary education or a qualified instructorof a private drivers' education program who has a valid driver's license.An applicant for a temporary instruction permit shall successfully completea vision test and a test of the applicant's ability to understand highwaysigns which regulate, warn or direct traffic and practical knowledge of thetraffic laws of this state, pursuant to section 302.173. In addition,beginning January 1, 2007, no permit shall be granted pursuant to thissubsection unless a parent or legal guardian gives written permission bysigning the application and in so signing, state they, or their designee asset forth in subsection 2 of this section, will provide a minimum of fortyhours of behind-the-wheel driving instruction, including a minimum of tenhours of behind-the-wheel driving instruction that occurs during thenighttime hours falling between sunset and sunrise. The forty hours ofbehind-the-wheel driving instruction that is completed pursuant to thissubsection may include any time that the holder of an instruction permithas spent operating a motor vehicle in a driver training program taught bya driver training instructor holding a valid driver education endorsementon a teaching certificate issued by the department of elementary andsecondary education or by a qualified instructor of a private drivers'education program. If the applicant for a permit is enrolled in a federalresidential job training program, the instructor, as defined in subsection5 of this section, is authorized to sign the application stating that theapplicant will receive the behind-the-wheel driving instruction required bythis section.
2. In the event the parent, grandparent or guardian of the personunder sixteen years of age has a physical disability which prohibits ordisqualifies said parent, grandparent or guardian from being a qualifiedlicensed operator pursuant to this section, said parent, grandparent orguardian may designate a maximum of two individuals authorized to accompanythe applicant for the purpose of giving instruction in driving the motorvehicle. An authorized designee must be a licensed operator for the typeof motor vehicle being operated and have attained twenty-one years of age.At least one of the designees must occupy the seat beside the applicantwhile giving instruction in driving the motor vehicle. The name of theauthorized designees must be provided to the department of revenue by theparent, grandparent or guardian at the time of application for thetemporary instruction permit. The name of each authorized designee shallbe printed on the temporary instruction permit, however, the director maydelay the time at which permits are printed bearing such names until theinventories of blank permits and related forms existing on August 28, 1998,are exhausted.
3. The director, upon proper application on a form prescribed by thedirector, in his or her discretion, may issue a restricted instructionpermit effective for a school year or more restricted period to anapplicant who is enrolled in a high school driver training program taughtby a driver training instructor holding a valid driver educationendorsement on a teaching certificate issued by the state department ofelementary and secondary education even though the applicant has notreached the age of sixteen years but has passed the age of fifteen years.Such instruction permit shall entitle the applicant, when the applicant hassuch permit in his or her immediate possession, to operate a motor vehicleon the highways, but only when a driver training instructor holding a validdriver education endorsement on a teaching certificate issued by the statedepartment of elementary and secondary education is occupying a seat besidethe driver.
4. The director, in his or her discretion, may issue a temporarydriver's permit to an applicant who is otherwise qualified for a licensepermitting the applicant to operate a motor vehicle while the director iscompleting the director's investigation and determination of all factsrelative to such applicant's rights to receive a license. Such permit mustbe in the applicant's immediate possession while operating a motor vehicle,and it shall be invalid when the applicant's license has been issued or forgood cause has been refused.
5. In the event that the applicant for a temporary instruction permitdescribed in subsection 1 of this section is a participant in a federalresidential job training program, the permittee may operate a motor vehicleaccompanied by a driver training instructor who holds a valid drivereducation endorsement issued by the department of elementary and secondaryeducation and a valid driver's license.
6. A person at least fifteen years of age may operate a motor vehicleas part of a driver training program taught by a driver training instructorholding a valid driver education endorsement on a teaching certificateissued by the department of elementary and secondary education or aqualified instructor of a private drivers' education program.
7. Beginning January 1, 2003, the director shall issue with everytemporary instruction permit issued pursuant to subsection 1 of thissection a sticker or sign bearing the words "PERMIT DRIVER". The designand size of such sticker or sign shall be determined by the director byregulation. Every applicant issued a temporary instruction permit andsticker on or after January 1, 2003, may display or affix the sticker orsign on the rear window of the motor vehicle. Such sticker or sign may bedisplayed on the rear window of the motor vehicle whenever the holder ofthe instruction permit operates a motor vehicle during his or her temporarypermit licensure period.
8. Beginning July 1, 2005, the director shall verify that anapplicant for an instruction permit issued under this section is lawfullypresent in the United States before accepting the application. Thedirector shall not issue an instruction permit for a period that exceeds anapplicant's lawful presence in the United States. The director mayestablish procedures to verify the lawful presence of the applicant andestablish the duration of any permit issued under this section.
9. The director may adopt rules and regulations necessary to carryout the provisions of this section.
(RSMo 1939 § 8448, A.L. 1951 p. 678, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1991 H.B. 202 & 364, A.L. 1995 H.B. 155, A.L. 1997 H.B. 123, A.L. 1998 H.B. 1730, A.L. 1999 S.B. 19, A.L. 2001 H.B. 648, et al., 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.)