Effective - 28 Aug 2014
302.134. Motorcycle safety education program, commission to establish and set standards, program to include certain subjects — authority to adopt rules, procedure to adopt, suspend and revoke. — 1. The commission shall establish standards for and shall administer the motorcycle safety education program. The program shall include, but is not limited to, motorcycle rider training and instructor training courses. The commission may expand the program to include components relating to the effect of alcohol and drugs on motorcycle operation, public awareness of motorcycles on the highways, driver improvement for motorcyclists, motorcycle operator licensing improvement, program promotion, and other motorcycle safety efforts.
2. Standards adopted by the commission for the motorcycle safety education program, including standards for instructor qualification and standards for the motorcycle rider training and instructor training courses, shall, at a minimum, comply with the applicable standards of the Motorcycle Safety Foundation.
3. The commission shall promulgate rules and regulations necessary to administer the provisions of sections 302.133 to 302.138.
4. No rule or portion of a rule promulgated under the authority of this chapter shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided in this section, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided in this section.
5. Upon filing any proposed rule with the secretary of state, the commission shall concurrently submit such proposed rule to the committee, which may hold hearings upon any proposed rule or portion thereof at any time.
6. A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee. The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period. If the committee does not disapprove such order of rulemaking within the thirty-day period, the commission may file such order of rulemaking with the secretary of state and the order of rulemaking shall be deemed approved.
7. The committee may, by majority vote of the members, suspend the order of rulemaking or portion thereof by action taken prior to the filing of the final order of rulemaking only for one or more of the following grounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based.
8. If the committee disapproves any rule or portion thereof, the commission shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the Missouri Register any final order of rulemaking containing the disapproved portion.
9. If the committee disapproves any rule or portion thereof, the committee shall report its findings to the senate and the house of representatives. No rule or portion thereof disapproved by the committee shall take effect so long as the senate and the house of representatives ratify the act of the joint committee by resolution adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.
10. Upon adoption of a rule as provided in this section, any such rule or portion thereof may be suspended or revoked by the general assembly either by bill or, pursuant to Section 8, Article IV of the Constitution of Missouri, by concurrent resolution upon recommendation of the joint committee on administrative rules. The committee shall be authorized to hold hearings and make recommendations pursuant to the provisions of section 536.037. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation.
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(L. 1995 H.B. 717, A.L. 2014 H.B. 1299 Revision)
Structure Missouri Revised Statutes
Title XIX - Motor Vehicles, Watercraft and Aviation
Chapter 302 - Drivers' and Commercial Drivers' Licenses
Section 302.010 - Definitions.
Section 302.011 - Lawfully present defined.
Section 302.015 - License classification system, director to establish — categories.
Section 302.025 - Driver training programs, instruction on traffic stops.
Section 302.041 - License by municipality not required.
Section 302.051 - Government-owned vehicles, who may operate.
Section 302.060 - License not to be issued to whom, exceptions — reinstatement requirements.
Section 302.067 - Lawful presence or citizenship, proof of to be presented once — exceptions.
Section 302.080 - Exemptions from license law.
Section 302.110 - List of licensed drivers.
Section 302.120 - Applications for license, accident reports and court convictions to be filed, how.
Section 302.133 - Definitions.
Section 302.140 - Instruction permit, fee.
Section 302.172 - Exchange of drivers' licenses, foreign countries, reciprocal agreements, content.
Section 302.176 - First-time licenses, information to receive — rulemaking authority.
Section 302.177 - Licenses, issuance and renewal, duration, fees.
Section 302.179 - Notice of expiration of license.
Section 302.185 - Duplicate license, REAL ID compliant license — how obtained — fee.
Section 302.187 - Municipalities and counties to pay replacement costs of driver's license, when.
Section 302.190 - Duration of suspension of license — new license, when.
Section 302.200 - Effect of revocation — penalty.
Section 302.220 - Prohibited uses of license.
Section 302.228 - Fees, how deposited.
Section 302.230 - Penalty for false statement or affidavit.
Section 302.233 - Fraud in obtaining a license or permit, penalty.
Section 302.250 - Children forbidden to operate motor vehicle.
Section 302.260 - Unlicensed person operating motor vehicle prohibited.
Section 302.273 - Federal rule compliance for bus drivers.
Section 302.281 - Suspension for unsatisfied judgment.
Section 302.301 - Restricted licenses.
Section 302.306 - Reduction of point value charged after period of safe driving.
Section 302.308 - Effect of conviction prior to enactment.
Section 302.311 - Suspension or revocation — appeals from — procedure.
Section 302.340 - Penalty for violations.
Section 302.345 - Diversion program participation prohibited, when.
Section 302.347 - Federal record-keeping rule to be adopted.
Section 302.415 - Failure to surrender licenses, certain law enforcement officer may seize.
Section 302.426 - Department of revenue — rules and regulations.
Section 302.440 - Devices, use of, when.
Section 302.441 - Employment exemption variance, permitted when — restrictions.
Section 302.454 - Use of device shall be required, when.
Section 302.456 - Court shall send order to department of revenue — record keeping required.
Section 302.460 - Manufacturer warning required.
Section 302.500 - Definitions.
Section 302.536 - Department to pay court costs and attorney fees, when.
Section 302.545 - Expungement of records, when.
Section 302.584 - Rules, effective, when — rules invalid and void, when.
Section 302.600 - Driver license compact.
Section 302.700 - Citation of law — definitions.
Section 302.710 - Suspension, revocation or cancellation of license, notice to employer, when.
Section 302.725 - Driving without commercial driver's license, penalty.
Section 302.727 - Driving a commercial motor vehicle while revoked, crime of, penalty.
Section 302.730 - Nonresident may operate commercial motor vehicles, when.
Section 302.750 - Refusal to consent to test, effect — procedures — hearing allowed, when.
Section 302.760 - Nonresidents, action against license, notice to licensing state, when.
Section 302.769 - Contingent effective date.
Section 302.770 - Cooperation with other jurisdictions.