Effective - 28 Aug 2019, 2 histories
302.768. Compliance with federal law, certification required — application requirements, procedure. — 1. Any applicant for a commercial driver's license or commercial driver's instruction permit shall comply with the Federal Motor Carrier Safety Administration application requirements of 49 CFR Part 383.71 by certifying to one of the following applicable statements relating to federal and state driver qualification rules:
(1) Nonexcepted interstate: certifies the applicant is a driver operating or expecting to operate in interstate or foreign commerce, or is otherwise subject to and meets requirements of 49 CFR Part 391 and is required to obtain a medical examiner's certificate as defined in 49 CFR Part 391.45;
(2) Excepted interstate: certifies the applicant is a driver operating or expecting to operate entirely in interstate commerce that is not subject to Part 391 and is subject to Missouri driver qualifications and not required to obtain a medical examiner's certificate;
(3) Nonexcepted intrastate: certifies the applicant is a driver operating only in intrastate commerce and is subject to Missouri driver qualifications;
(4) Excepted intrastate: certifies the applicant operates or expects to operate only in intrastate commerce, and engaging only in operations excepted from all parts of the Missouri driver qualification requirements.
2. Any applicant who cannot meet certification requirements under one of the categories described in subsection 1 of this section shall be denied issuance of a commercial driver's license or commercial driver's instruction permit.
3. An applicant certifying to operation in nonexcepted interstate or nonexcepted intrastate commerce shall provide the state with an original or copy of a current medical examiner's certificate or a medical examiner's certificate accompanied by a medical variance or waiver, until such time as the medical examiner's certificate information is received electronically through a verification system approved by the Federal Motor Carrier Safety Administration. The state shall retain the documentation of physical qualification for a minimum of three years beyond the date the certificate was issued.
4. Applicants certifying to operation in nonexcepted interstate commerce or nonexcepted intrastate commerce shall provide updated medical certificate or variance information to maintain a certified status during the term of the commercial driver's license or commercial driver's instruction permit in order to retain commercial privileges.
5. The director shall post the medical examiner's certificate of information, medical variance if applicable, the applicant's self-certification and certification status to the Missouri driver record within ten calendar days and such information will become part of the CDLIS driver record.
6. Applicants certifying to operation in nonexcepted interstate commerce or nonexcepted intrastate commerce who fail to provide or maintain a current medical examiner's certificate, or if the state has received notice of a medical variance or waiver expiring or being rescinded, the state shall, within ten calendar days, update the driver's medical certification status to "not certified". The state shall notify the driver of the change in certification status and require the driver to annually comply with requirements for a commercial driver's license downgrade within sixty days of the expiration of the applicant certification.
7. The department of revenue may, by rule, establish the cost and criteria for submission of updated medical certification status information as required under this section.
8. Any person who falsifies any information in an application for or update of medical certification status information for a commercial driver's license shall not be licensed to operate a commercial motor vehicle, or the person's commercial driver's license shall be cancelled for a period of one year after the director discovers such falsification.
9. The director may promulgate rules and regulations necessary to administer and enforce this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.
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(L. 2012 H.B. 1402 merged with S.B. 470 merged with S.B. 480 merged with S.B. 568, A.L. 2019 S.B. 89 merged with S.B. 368)
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.