302.600. Driver license compact.
Driver license compact.
302.600. The "Driver License Compact" is hereby enactedinto law and entered into by this state with all other stateslegally joining therein, in the form substantially as follows:
DRIVER LICENSE COMPACT
ARTICLE I
Findings and Declaration of Policy
(a) The party states find that:
(1) The safety of their streets and highways is materiallyaffected by the degree of compliance with state and localordinances relating to the operation of motor vehicles.
(2) Violation of such a law or ordinance is evidence thatthe violator engages in conduct which is likely to endanger thesafety of persons and property.
(3) The continuance in force of a license to drive ispredicated upon compliance with laws and ordinances relating tothe operation of motor vehicles, in whichever jurisdiction thevehicle is operated.
(b) It is the policy of each of the party states to:
(1) Promote compliance with the laws, ordinances, andadministrative rules and regulations relating to the operationof motor vehicles by their operators in each of thejurisdictions where such operators drive motor vehicles.
(2) Make the reciprocal recognition of licenses to driveand eligibility therefor more just and equitable by consideringthe overall compliance with motor vehicle laws, ordinances andadministrative rules and regulations as a condition precedent tothe continuance or issuance of any license by reason of whichthe licensee is authorized or permitted to operate a motorvehicle in any of the party states.
ARTICLE II
Definitions
As used in this compact:
(a) "State" means a state, territory or possession of theUnited States, the District of Columbia, or the Commonwealth ofPuerto Rico.
(b) "Home state" means the state which has issued and hasthe power to suspend or revoke the use of the license or permitto operate a motor vehicle.
(c) "Conviction" means a conviction of any offense relatedto the use or operation of a motor vehicle which is prohibitedby state law, municipal ordinance or administrative rule orregulation, or a forfeiture of bail, bond or other securitydeposited to secure appearance by a person charged with havingcommitted any such offense, and which conviction or forfeitureis required to be reported to the licensing authority.
ARTICLE III
Reports of Conviction
The licensing authority of a party state shall report eachconviction of a person from another party state occurring withinits jurisdiction to the licensing authority of the home state ofthe licensee. Such report shall clearly identify the personconvicted; describe the violation specifying the section of thestatute, code or ordinance violated; identify the court in whichaction was taken; indicate whether a plea of guilty or notguilty was entered, or whether the conviction was a result ofthe forfeiture of bail, bond or other security; and shallinclude any special findings made in connection therewith.
ARTICLE IV
Effect of Conviction
(a) The licensing authority in the home state, for thepurposes of suspension, revocation or limitation of the licenseto operate a motor vehicle, shall give the same effect to theconduct reported, pursuant to Article III of this compact, as itwould if such conduct had occurred in the home state, in thecase of conviction for:
(1) Manslaughter or negligent homicide resulting from theoperation of a motor vehicle;
(2) Driving a motor vehicle while under the influence ofintoxicating liquor or narcotic drug, or under the influence ofany other drug to a degree which renders the driver incapable ofsafely driving a motor vehicle;
(3) Any felony in the commission of which a motor vehicleis used;
(4) Failure to stop and render aid in the event of a motorvehicle accident resulting in the death or personal injury ofanother.
(b) As to other convictions, reported pursuant to ArticleIII, the licensing authority in the home state shall give sucheffect to the conduct as is provided by the laws of the homestate.
(c) If the laws of a party state do not provide foroffenses or violations denominated or described in precisely thewords employed in subdivision (a) of this Article, such partystate shall construe the denomination and description appearingin subdivision (a) hereof as being applicable to and identifyingthose offenses or violations of a substantially similar natureand the laws of such party state shall contain such provisionsas may be necessary to ensure that full force and effect isgiven to this Article.
ARTICLE V
Application for New Licenses
Upon application for a license to drive, the licensingauthority in a party state shall ascertain whether the applicanthas ever held, or is the holder of a license to drive issued byany other party state. The licensing authority in the statewhere application is made shall not issue a license to drive tothe applicant if:
(1) The applicant has held such a license, but the same hasbeen suspended by reason, in whole or in part, of a violationand if such suspension period has not terminated.
(2) The applicant has held such a license, but the same hasbeen revoked by reason, in whole or in part, of a violation andif such revocation has not terminated, except that after theexpiration of one year from the date the license was revoked,such person may make application for a new license if permittedby law. The licensing authority may refuse to issue a licenseto any such applicant if, after investigation, the licensingauthority determines that it will not be safe to grant to suchperson the privilege of driving a motor vehicle on the publichighways.
(3) The applicant is the holder of a license to driveissued by another party state and currently in force unless theapplicant surrenders such license.
ARTICLE VI
Applicability of Other Laws
Except as expressly required by provisions of this compact,nothing contained herein shall be construed to affect the rightof any party state to apply any of its other laws relating tolicenses to drive to any person or circumstance, nor toinvalidate or prevent any driver license agreement or othercooperative arrangement between a party state and a nonpartystate.
ARTICLE VII
Compact Administrator and Interchange of Information
(a) The head of the licensing authority of each party stateshall be the administrator of this compact for his state. Theadministrators, acting jointly, shall have the power toformulate all necessary and proper procedures for the exchangeof information under this compact.
(b) The administrator of each party state shall furnish tothe administrator of each other party state any information ordocuments reasonably necessary to facilitate the administrationof this compact.
ARTICLE VIII
Entry Into Force and Withdrawal
(a) This compact shall enter into force and becomeeffective as to any state when it has enacted the same into law.
(b) Any party state may withdraw from this compact byenacting a statute repealing the same, but no such withdrawalshall take effect until six months after the executive head ofthe withdrawing state has given notice of the withdrawal to theexecutive heads of all other party states. No withdrawal shallaffect the validity or applicability by the licensingauthorities of states remaining party to the compact of anyreport of conviction occurring prior to the withdrawal.
ARTICLE IX
Construction and Severability
This compact shall be liberally construed so as toeffectuate the purposes thereof. The provisions of this compactshall be severable and if any phrase, clause, sentence orprovision of this compact is declared to be contrary to theconstitution of any party state or of the United States or theapplicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder ofthis compact and the applicability thereof to any government,agency, person or circumstance shall not be affected thereby.If this compact shall be held contrary to the constitution ofany state party thereto, the compact shall remain in full forceand effect as to the remaining states and in full force andeffect as to the state affected as to all severable matters.
(L. 1985 H.B. 285 § 1)(2001) Use of word "shall" in Article III list of conviction reports without prescribing results that would follow from failure to provide all information makes section discretionary, not mandatory. Rundquist v. Director of Revenue, 62 S.W.3d 643 (Mo.App.E.D.).