A person commits the offense of driving while revoked if such
person operates a motor vehicle on a highway when such person's license
or driving privilege has been canceled, suspended or revoked under
the laws of this State or any other State and acts with criminal negligence
with respect to knowledge of the fact that such person's driving privilege
has been canceled, suspended or revoked.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[Ord. No. 6562, 11-13-2018]
A.
Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by Section 370.040, to:
1.
Operate any vehicle upon any highway in this City unless the person
has a valid license as required by Chapter 302, RSMo., or a temporary
instruction permit issued in compliance with Section 302.130, RSMo.,
or an intermediate driver's license issued in compliance with Section
302.178, RSMo., in his/her possession;
2.
Operate a motorcycle or motortricycle upon any highway of this City
unless such person has a valid license that shows the person has successfully
passed an examination for the operation of a motorcycle or motortricycle
as prescribed by the Director of Revenue. The Director of Revenue
may indicate such upon a valid license issued to such person or shall
issue a license restricting the applicant to the operation of a motorcycle
or motortricycle if the actual demonstration, required by Section
302.173, RSMo., is conducted on such vehicle;
3.
Authorize or knowingly permit a motorcycle or motortricycle owned
by such person or under such person's control to be driven upon any
highway by any person whose license does not indicate that the person
has passed the examination for the operation of a motorcycle or motortricycle
or has been issued an instruction permit therefor;
4.
Operate an autocycle upon any highway of this City unless the person
has a valid driver’s license. The operator of an autocycle,
however, shall not be required to obtain a motorcycle or motortricycle
license or endorsement pursuant to Sections 302.010 to 302.340, RSMo.;
5.
Operate a motor vehicle with an instruction permit, intermediate
driver's license or license issued to another person;
6.
Drive a commercial motor vehicle, unless fully licensed in compliance
with Chapter 302, RSMo., except when operating under an instruction
permit as provided for in Section 302.720, RSMo.
[1]
Note—Under certain circumstances this offense can be
a felony under state law.
[CC 1970 §21-61.1; Ord. No. 5687 §1, 4-9-2002]
A.
No
person between the ages of sixteen (16) and eighteen (18) years, who
is qualified to obtain a license pursuant to Chapter 302, RSMo., (2000),
shall operate any motor vehicle as defined in the Traffic Code of
the City in or upon the streets of the City unless such person has
in his/her possession a valid current intermediate driver's license
of the appropriate class in accordance with the laws of this State.
B.
No
person having an intermediate driver's license shall operate a motor
vehicle in or upon the streets of the City between the hours of 1:00
A.M. and 5:00 A.M. unless accompanied by a licensed operator for the
type of motor vehicle being operated who is actually occupying a seat
beside the driver for the purpose of giving driving instruction and
who is at least twenty-one (21) years of age; except such a licensee
may operate a motor vehicle without being so accompanied if the travel
is to or from a school or educational program or activity, a regular
place of employment or in emergency situations as defined by the State
Director of Revenue by regulation.
C.
No
person having an intermediate driver's license shall operate a motor
vehicle in or upon the streets of the City unless such driver and
all passengers in the licensee's vehicle are wearing safety belts
at all times. This safety belt restriction shall not apply to a person
operating a motorcycle.
Any resident or non-resident whose license, right or privilege
to operate a motor vehicle in this State has been suspended or revoked
as provided in Sections 302.010—302.540, RSMo., shall not operate
a motor vehicle in this State under a license, permit or registration
certificate issued by any other jurisdiction or otherwise during such
suspension or after such revocation until a new license is obtained
when and as permitted under Sections 302.010—302.540, RSMo.
Violation of any provision of this Section is a misdemeanor and on
conviction therefor a person shall be punished as prescribed by Section
302.321, RSMo.
A.
It
shall be unlawful for any person to:
1.
Display or to permit to be displayed, or to have in his/her possession,
any license knowing the same to be fictitious or to have been canceled,
suspended, revoked, disqualified or altered;
2.
Lend to or knowingly permit the use of by another any license issued
to the person so lending or permitting the use thereof;
3.
Display or to represent as one's own any license not issued to the
person so displaying the same;
4.
Fail or refuse to surrender to the Clerk of any Division of the Circuit
Court or the Director any license which has been suspended, canceled,
disqualified or revoked as provided by law;
5.
Use a false or fictitious name or give a false or fictitious address
on any application for a license, or any renewal or duplicate thereof,
or knowingly to make a false statement;
6.
Knowingly conceal a material fact or otherwise commit a fraud in
any such application;
7.
Authorize or consent to any motor vehicle owned by him/her or under
his/her control to be driven by any person, when he/she has knowledge
that such person has no legal right to do so, or for any person to
drive any motor vehicle in violation of any of the provisions of Sections
302.010 to 302.780, RSMo.;
8.
Employ a person to operate a motor vehicle in the transportation
of persons or property with knowledge that such person has not complied
with the provisions of Sections 302.010 to 302.780, RSMo., or whose
license has been revoked, suspended, canceled or disqualified or who
fails to produce his/her license upon demand of any person or persons
authorized to make such demand;
9.
Operate a motor vehicle in any manner in violation of the restrictions
imposed in a restricted license; or
10.
Fail to carry his/her instruction permit, valid operator's license
while operating a vehicle and to display instruction permit or said
license upon demand of any Police Officer, court official or any other
duly authorized person for inspection when demand is made therefor.
Failure to exhibit his/her instruction permit or license as aforesaid
shall be presumptive evidence that said person is not a duly licensed
operator.
A.
No
person shall operate any school bus owned by or under contract with
a public school or the State Board of Education unless such driver
has qualified for a school bus endorsement under this Section and
complied with the pertinent rules and regulations of the Department
of Revenue and any final rule issued by the secretary of the United
States Department of Transportation or has a valid school bus endorsement
on a valid commercial driver's license issued by another State. A
school bus endorsement shall be issued to any applicant who meets
the following qualifications:
1.
The applicant has a valid State license issued under this Chapter;
2.
The applicant is at least twenty-one (21) years of age; and
3.
The applicant has successfully passed an examination for the operation
of a school bus as prescribed by the Director of Revenue. The examination
shall include any examinations prescribed by the secretary of the
United States Department of Transportation, and a driving test in
the type of vehicle to be operated. The test shall be completed in
the appropriate class of vehicle to be driven. For purposes of this
Section classes of school buses shall comply with the Commercial Motor
Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570). For drivers
who are at least seventy (70) years of age, such examination shall
be completed annually.
B.
The
Director of Revenue, to the best of the Director's knowledge, shall
not issue or renew a school bus endorsement to any applicant whose
driving record shows that such applicant's privilege to operate a
motor vehicle has been suspended, revoked or disqualified or whose
driving record shows a history of moving vehicle violations.
C.
The
Director may adopt any rules and regulations necessary to carry out
the provisions of this Section. Any rule or portion of a rule, as
that term is defined in Section 536.010, RSMo., 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, RSMo., and, if applicable, Section 536.028, RSMo. This Section
and Chapter 536, RSMo., are non-severable and if any of the powers
vested with the general assembly pursuant to Chapter 536, RSMo., 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, 2004,
shall be invalid and void.
D.
Notwithstanding
the requirements of this Section, an applicant who resides in another
State and possesses a valid driver's license from his or her State
of residence with a valid school bus endorsement for the type of vehicle
being operated shall not be required to obtain a Missouri driver's
license with a school bus endorsement.
A.
The
following persons are exempt from license hereunder:
1.
Any person while operating any farm tractor or implement of husbandry
temporarily operated or moved on a highway;
2.
A non-resident who is at least sixteen (16) years of age and who
has in his/her immediate possession a valid license issued to him/her
in his/her home State or country;
3.
A non-resident who is at least eighteen (18) years of age and who
has in his/her immediate possession a valid license issued to him/her
in his/her home State or country which allows such person to operate
a motor vehicle in the transportation of persons or property as classified
in Section 302.015, RSMo.; or
4.
Convicted offenders of the Department of Corrections who have not
been convicted of a motor vehicle felony as follows—driving
while intoxicated, failing to stop after an accident and disclosing
his/her identity, or driving a motor vehicle without the owner's consent—may
operate State-owned trucks for the benefit of the correctional facilities,
provided that such offender shall be accompanied by a Correctional
Officer or other staff person in such truck.
