302.735. Application for commercial license, contents, expiration, duration, fees--new resident, application dates--falsification of information, ineligibility for license, when--nonresident commercia
Application for commercial license, contents, expiration, duration,fees--new resident, application dates--falsification ofinformation, ineligibility for license, when--nonresidentcommercial license issued, when.
302.735. 1. An application shall not be taken from a nonresidentafter September 30, 2005. The application for a commercial driver'slicense shall include, but not be limited to, the applicant's legal name,mailing and residence address, if different, a physical description of theperson, including sex, height, weight and eye color, the person's SocialSecurity number, date of birth and any other information deemed appropriateby the director. The application shall also require, beginning September30, 2005, the applicant to provide the names of all states where theapplicant has been previously licensed to drive any type of motor vehicleduring the preceding ten years.
2. A commercial driver's license shall expire on the applicant'sbirthday in the sixth year after issuance, unless the license must beissued for a shorter period due to other requirements of law or fortransition or staggering of work as determined by the director, and must berenewed on or before the date of expiration. When a person changes suchperson's name an application for a duplicate license shall be made to thedirector of revenue. When a person changes such person's mailing addressor residence the applicant shall notify the director of revenue of saidchange, however, no application for a duplicate license is required. Acommercial license issued pursuant to this section to an applicant lessthan twenty-one years of age and seventy years of age and older shallexpire on the applicant's birthday in the third year after issuance, unlessthe license must be issued for a shorter period as determined by thedirector.
3. A commercial driver's license containing a hazardous materialsendorsement issued to an applicant who is between the age of twenty-one andsixty-nine shall not be issued for a period exceeding five years from theapproval date of the security threat assessment as determined by theTransportation Security Administration.
4. The director shall issue an annual commercial driver's licensecontaining a school bus endorsement to an applicant who is seventy years ofage or older. The fee for such license shall be seven dollars and fiftycents.
5. A commercial driver's license containing a hazardous materialsendorsement issued to an applicant who is seventy years of age or oldershall not be issued for a period exceeding three years. The director shallnot require such drivers to obtain a security threat assessment morefrequently than such assessment is required by the Transportation SecurityAdministration under the Uniting and Strengthening America by ProvidingAppropriate Tools Required to Intercept and Obstruct Terrorism Act (USAPATRIOT ACT) of 2001.
(1) The state shall immediately revoke a hazardous materialsendorsement upon receipt of an initial determination of threat assessmentand immediate revocation from the Transportation Security Administration asdefined by 49 CFR 1572.13(a).
(2) The state shall revoke or deny a hazardous materials endorsementwithin fifteen days of receipt of a final determination of threatassessment from the Transportation Security Administration as required byCFR 1572.13(a).
6. The fee for a commercial driver's license or renewal commercialdriver's license issued for a period greater than three years shall beforty dollars.
7. The fee for a commercial driver's license or renewal commercialdriver's license issued for a period of three years or less shall be twentydollars.
8. The fee for a duplicate commercial driver's license shall betwenty dollars.
9. In order for the director to properly transition driver's licenserequirements under the Motor Carrier Safety Improvement Act of 1999 and theUniting and Strengthening America by Providing Appropriate Tools Requiredto Intercept and Obstruct Terrorism Act (USA PATRIOT ACT) of 2001, thedirector is authorized to stagger expiration dates and make adjustments forany fees, including driver examination fees that are incurred by the driveras a result of the initial issuance of a transitional license required tocomply with such acts.
10. Within thirty days after moving to this state, the holder of acommercial driver's license shall apply for a commercial driver's licensein this state. The applicant shall meet all other requirements of sections302.700 to 302.780, except that the director may waive the driving test fora commercial driver's license as required in section 302.720 if theapplicant for a commercial driver's license has a valid commercial driver'slicense from a state which has requirements for issuance of such licensecomparable to those in this state.
11. Any person who falsifies any information in an application ortest for a commercial driver's license shall not be licensed to operate acommercial motor vehicle, or the person's commercial driver's license shallbe canceled, for a period of one year after the director discovers suchfalsification.
12. Beginning July 1, 2005, the director shall not issue a commercialdriver's license under this section unless the director verifies that theapplicant is lawfully present in the United States before accepting theapplication. If lawful presence is granted for a temporary period, nocommercial driver's license shall be issued. The director may, by rule orregulation, establish procedures to verify the lawful presence of theapplicant and establish the duration of any commercial driver's licenseissued under this section. No rule or portion of a rule promulgatedpursuant to the authority of this section shall become effective unless ithas been promulgated pursuant to chapter 536, RSMo.
13. (1) Effective December 19, 2005, notwithstanding any provisionsof subsections 1 and 5 of this section to the contrary, the director mayissue a nonresident commercial driver's license to a resident of a foreignjurisdiction if the United States Secretary of Transportation hasdetermined that the commercial motor vehicle testing and licensingstandards in the foreign jurisdiction do not meet the testing standardsestablished in 49 C.F.R. Part 383.
(2) Any applicant for a nonresident commercial driver's license mustpresent evidence satisfactory to the director that the applicant currentlyhas employment with an employer in this state. The nonresident applicantmust meet the same testing, driver record requirements, conditions, and issubject to the same disqualification and conviction reporting requirementsapplicable to resident commercial drivers.
(3) The nonresident commercial driver's license will expire on thesame date that the documents establishing lawful presence for employmentexpire. The word "nonresident" shall appear on the face of the nonresidentcommercial driver's license. Any applicant for a Missouri nonresidentcommercial driver's license must first surrender any nonresident commercialdriver's license issued by another state.
(4) The nonresident commercial driver's license applicant must paythe same fees as required for the issuance of a resident commercialdriver's license.
14. Foreign jurisdiction for purposes of issuing a nonresidentcommercial driver's license under this section shall not include any of thefifty states of the United States or Canada or Mexico.
(L. 1989 1st Ex. Sess. H.B. 3, A.L. 1999 S.B. 19, A.L. 2001 S.B. 436, A.L. 2004 S.B. 1233, et al., A.L. 2005 H.B. 487, A.L. 2008 S.B. 930 & 947, A.L. 2009 H.B. 683)