A.
Every
owner of a motor vehicle or trailer, which shall be operated or driven
upon the highways of this City, except as herein otherwise expressly
provided, shall annually file, by mail or otherwise, in the office
of the Director of Revenue an application for registration on a blank
to be furnished by the Director of Revenue for that purpose containing:
1.
A brief description of the motor vehicle or trailer to be registered,
including the name of the manufacturer, the vehicle identification
number, the amount of motive power of the motor vehicle stated in
figures of horsepower and whether the motor vehicle is to be registered
as a motor vehicle primarily for business use as defined in Section
301.010, RSMo.;
2.
The name, the applicant's identification number and address of the
owner of such motor vehicle or trailer;
3.
The gross weight of the vehicle and the desired load in pounds if
the vehicle is a commercial motor vehicle or trailer.
B.
If
the vehicle is a motor vehicle primarily for business use as defined
in Section 301.010, RSMo., and if such vehicle is five (5) years of
age or less, the Director of Revenue shall retain the odometer information
provided in the vehicle inspection report and provide for prompt access
to such information, together with the vehicle identification number
for the motor vehicle to which such information pertains, for a period
of five (5) years after the receipt of such information. This Section
shall not apply unless:
C.
If
the vehicle is any motor vehicle other than a motor vehicle primarily
for business use, a recreational motor vehicle, motorcycle, motortricycle,
bus or any commercial motor vehicle licensed for over twelve thousand
(12,000) pounds and if such motor vehicle is five (5) years of age
or less, the Director of Revenue shall retain the odometer information
provided in the vehicle inspection report and provide for prompt access
to such information, together with the vehicle identification number
for the motor vehicle to which such information pertains, for a period
of five (5) years after the receipt of such information. This Subsection
shall not apply unless:
D.
If
the vehicle qualifies as a reconstructed motor vehicle, motor change
vehicle, specially constructed motor vehicle, non-USA-std motor vehicle
as defined in Section 301.010, RSMo., or prior salvage as referenced
in Section 301.573, RSMo., the owner or lienholder shall surrender
the certificate of ownership. The owner shall make an application
for a new certificate of ownership, pay the required title fee, and
obtain the vehicle examination certificate required pursuant to Subsection
(9) of Section 301.190, RSMo. If an insurance company pays a claim
on a salvage vehicle as defined in Section 301.010, RSMo., and the
owner retains the vehicle as prior salvage, the vehicle shall only
be required to meet the examination requirements under and pursuant
to Subsection (10) of Section 301.190, RSMo. Notarized bills of sale
along with a copy of the front and back of the certificate of ownership
for all major component parts installed on the vehicle and invoices
for all essential parts which are not defined as major component parts
shall accompany the application for a new certificate of ownership.
If the vehicle is a specially constructed motor vehicle as defined
in Section 301.010, RSMo., two (2) pictures of the vehicle shall be
submitted with the application. If the vehicle is a kit vehicle, the
applicant shall submit the invoice and the manufacturer's statement
of origin on the kit. If the vehicle requires the issuance of a special
number by the Director of Revenue or a replacement vehicle identification
number, the applicant shall submit the required application and application
fee. All applications required under this Subsection shall be submitted
with any applicable taxes which may be due on the purchase of the
vehicle or parts. The Director of Revenue shall appropriately designate
"Reconstructed Motor Vehicle", "Motor Change Vehicle", "Non-USA-Std
Motor Vehicle" or "Specially Constructed Motor Vehicle" on the current
and all subsequent issues of the certificate of ownership of such
vehicle.
E.
Every
insurance company that pays a claim for repair of a motor vehicle
which as the result of such repairs becomes a reconstructed motor
vehicle as defined in Section 301.010, RSMo., or that pays a claim
on a salvage vehicle as defined in Section 301.010, RSMo., and the
owner is retaining the vehicle shall in writing notify the owner of
the vehicle, and in a first (1st) party claim, the lienholder if a
lien is in effect, that he/she is required to surrender the certificate
of ownership, and the documents and fees required pursuant to Subsection
(4) of this Section to obtain a prior salvage motor vehicle certificate
of ownership or documents and fees as otherwise required by law to
obtain a salvage certificate of ownership, from the Director of Revenue.
The insurance company shall within thirty (30) days of the payment
of such claims report to the Director of Revenue the name and address
of such owner, the year, make, model, vehicle identification number
and license plate number of the vehicle and the date of loss and payment.
F.
Anyone
who fails to comply with the requirements of this Section shall be
guilty of a class B misdemeanor.
G.
An
applicant for registration may make a donation of one dollar ($1.00)
to promote a blindness education, screening and treatment program.
The Director of Revenue shall collect the donations and deposit all
such donations in the State Treasury to the credit of the Blindness
Education, Screening and Treatment Program Fund established in Section
192.935, RSMo. Monies in the Blindness Education, Screening and Treatment
Program Fund shall be used solely for the purposes established in
Section 192.935, RSMo., except that the Department of Revenue shall
retain no more than one percent (1%) for its administrative costs.
The donation prescribed in this Subsection is voluntary and may be
refused by the applicant for registration at the time of issuance
or renewal. The Director shall inquire of each applicant at the time
the applicant presents the completed application to the Director whether
the applicant is interested in making the one dollar ($1.00) donation
prescribed in this Subsection.
H.
An
applicant for registration may make a donation of one dollar ($1.00)
to promote an organ donor program. The Director of Revenue shall collect
the donations and deposit all such donations in the State Treasury
to the credit of the Organ Donor Program Fund as established in Sections
194.297 to 194.304, RSMo. Monies in the Organ Donor Fund shall be
used solely for the purposes established in Sections 194.297 to 194.304,
RSMo., except that the Department of Revenue shall retain no more
than one percent (1%) for its administrative costs. The donation prescribed
in this Subsection is voluntary and may be refused by the applicant
for registration at the time of issuance or renewal. The Director
shall inquire of each applicant at the time the applicant presents
the completed application to the Director whether the applicant is
interested in making the one dollar ($1.00) donation prescribed in
this Subsection.
A.
The
owner of every motor vehicle as defined in Section 301.010, RSMo.,
which is required to be registered in this State, except:
1.
New motor vehicles which have not been previously titled and registered,
prior to the initial motor vehicle registration or the next succeeding
registration which is required by law;
2.
Those motor vehicles which are engaged in interstate commerce and
are proportionately registered in this State with the Missouri Highway
Reciprocity Commission, although the owner may request that such vehicle
be inspected by an official inspection station, and a Peace Officer
may stop and inspect such vehicles to determine whether the mechanical
condition is in compliance with the safety regulations established
by the United States Department of Transportation; and
3.
Historic motor vehicles registered pursuant to Section 301.131, RSMo.,
shall submit such vehicles to an annual inspection of their mechanism
and equipment in accordance with the provisions of Sections 307.350
to 307.390, RSMo., and obtain a certificate of inspection and approval
and a sticker, seal, or other device from a duly authorized official
inspection station. The inspection, except the inspection of school
buses which shall be made at the time provided in Section 307.375,
RSMo., shall be made at the time prescribed in the rules and regulations
issued by the superintendent of the Missouri State Highway Patrol,
but the inspection of a vehicle shall not be made more than sixty
(60) days prior to the date of application for annual registration
or within sixty (60) days of when a vehicle's registration is transferred.
The certificate of inspection and approval shall be a sticker, seal
or other device or combination thereof as the superintendent of the
Missouri State Highway Patrol prescribes by regulation and shall be
displayed upon the motor vehicle or trailer as prescribed by the regulations
established by him/her. The replacement of certificates of inspection
and approval which are lost or destroyed shall be made by the superintendent
of the Missouri State Highway Patrol under regulations prescribed
by him/her.
B.
For
the purpose of obtaining an inspection only, it shall be lawful to
operate a vehicle over the most direct route between the owner's usual
place of residence and an inspection station of such owner's choice,
notwithstanding the fact that the vehicle does not have a current
State registration license. It shall also be lawful to operate such
a vehicle from an inspection station to another place where repairs
may be made and to return the vehicle to the inspection station notwithstanding
the absence of a current State registration license.
C.
No
person whose motor vehicle was duly inspected and approved as provided
in this Section shall be required to have the same motor vehicle again
inspected and approved for the sole reason that such person wishes
to obtain a set of any special personalized license plates available
pursuant to Section 301.144, RSMo., or a set of any license plates
available pursuant to Section 301.142, RSMo., prior to the expiration
date of such motor vehicle's current annual registration.
D.
Notwithstanding
the provisions of Section 307.390, RSMo., violation of this Section
shall be deemed an infraction.
A.
Fraudulent
procurement or use of disabled-person license plates or windshield
placards shall be an ordinance violation.
B.
Any
physician or other health care practitioner authorized to issue a
physician's statement or certificate to enable persons to obtain disabled
license plates or windshield hanging placards pursuant to Section
301.142, RSMo., who issues, signs or furnishes such statement or certificate
to any person who does not meet one (1) or more of the conditions
set forth in Subsection (1) of Section 301.142, RSMo., if there is
no basis for the diagnosis given, or who issues, signs or furnishes
such statement for a condition, the diagnosis of which is outside
the scope of such health care provider's license, is guilty of an
ordinance violation.
A.
DEPARTMENT
DIRECTOR
OTHER AUTHORIZED HEALTH CARE PRACTITIONER
PHYSICALLY DISABLED
1.
2.
3.
4.
5.
6.
PHYSICIAN
PHYSICIAN'S STATEMENT
TEMPORARILY DISABLED PERSON
TEMPORARY WINDSHIELD PLACARD
WINDSHIELD PLACARD
As
used in Sections 301.141 to 301.143, RSMo., the following terms mean:
The Department of Revenue.
The Director of the Department of Revenue.
Includes advanced practice registered nurses licensed pursuant
to Chapter 335, RSMo., chiropractors licensed pursuant to Chapter
331, RSMo., podiatrists licensed pursuant to Chapter 330, RSMo., and
optometrists licensed pursuant to Chapter 336, RSMo.
A natural person who is blind, as defined in Section 8.700,
RSMo., or a natural person with medical disabilities which prohibits,
limits or severely impairs one's ability to ambulate or walk, as determined
by a licensed physician or other authorized health care practitioner
as follows:
The person cannot ambulate or walk fifty (50) or less feet without
stopping to rest due to a severe and disabling arthritic, neurological,
orthopedic condition or other severe and disabling condition; or
The person cannot ambulate or walk without the use of, or assistance
from, a brace, cane, crutch, another person, prosthetic device, wheelchair
or other assistive device; or
Is restricted by a respiratory or other disease to such an extent
that the person's forced respiratory expiratory volume for one (1)
second, when measured by spirometry, is less than one (1) liter, or
the arterial oxygen tension is less than sixty (60) mm/hg on room
air at rest; or
Uses portable oxygen; or
Has a cardiac condition to the extent that the person's functional
limitations are classified in severity as Class III or Class IV according
to standards set by the American Heart Association; or
A person's age, in and of itself, shall not be a factor in determining
whether such person is physically disabled or is otherwise entitled
to disabled license plates and/or disabled windshield hanging placards
within the meaning of Sections 301.141 to 301.143, RSMo.
A person licensed to practice medicine pursuant to Chapter
334, RSMo.
A statement personally signed by a duly authorized person
which certifies that a person is disabled as defined in this Section.
A disabled person as defined in this Section whose disability
or incapacity is expected to last no more than one hundred eighty
(180) days.
A placard to be issued to persons who are temporarily disabled
persons as defined in this Section, certification of which shall be
indicated on the physician's statement.
A placard to be issued to persons who are physically disabled
as defined in this Section, certification of which shall be indicated
on the physician's statement.
B.
Other
authorized health care practitioners may furnish to a disabled or
temporarily disabled person a physician's statement for only those
physical health care conditions for which such health care practitioner
is legally authorized to diagnose and treat.
C.
A physician's
statement shall:
1.
Be on a form prescribed by the Director of Revenue;
2.
Set forth the specific diagnosis and medical condition which renders
the person physically disabled or temporarily disabled as defined
in this Section;
3.
Include the physician's or other authorized health care practitioner's
license number; and
4.
Be personally signed by the issuing physician or other authorized
health care practitioner.
D.
If
it is the professional opinion of the physician or other authorized
health care practitioner issuing the statement that the physical disability
of the applicant, user or member of the applicant's household is permanent,
it shall be noted on the statement. Otherwise, the physician or other
authorized health care practitioner shall note on the statement the
anticipated length of the disability which period may not exceed one
hundred eighty (180) days. If the physician or health care practitioner
fails to record an expiration date on the physician's statement, the
Director shall issue a temporary windshield placard for a period of
thirty (30) days.
E.
A physician
or other authorized health care practitioner who issues or signs a
physician's statement so that disabled plates or a disabled windshield
placard may be obtained shall maintain in such disabled person's medical
chart documentation that such a certificate has been issued, the date
the statement was signed, the diagnosis or condition which existed
that qualified the person as disabled pursuant to this Section and
shall contain sufficient documentation so as to objectively confirm
that such condition exists.
F.
The
medical or other records of the physician or other authorized health
care practitioner who issued a physician's statement shall be open
to inspection and review by such practitioner's licensing board in
order to verify compliance with this Section. Information contained
within such records shall be confidential unless required for prosecution,
disciplinary purposes, or otherwise required to be disclosed by law.
G.
Owners
of motor vehicles who are residents of the State of Missouri and who
are physically disabled, owners of motor vehicles operated at least
fifty percent (50%) of the time by a physically disabled person, or
owners of motor vehicles used to primarily transport physically disabled
members of the owner's household may obtain disabled person license
plates. Such owners, upon application, accompanied by the documents
and fees provided for in this Section, a current physician's statement
which has been issued within ninety (90) days proceeding the date
the application is made and proof of compliance with the State motor
vehicle laws relating to registration and licensing of motor vehicles
shall be issued motor vehicle license plates for vehicles, other than
commercial vehicles with a gross weight in excess of twenty-four thousand
(24,000) pounds, upon which shall be inscribed the international wheelchair
accessibility symbol and the word "DISABLED" in addition to a combination
of letters and numbers. Such license plates shall be made with fully
reflective material with a common color scheme and design, shall be
clearly visible at night, and shall be aesthetically attractive, as
prescribed by Section 301.130, RSMo.
H.
The
Director shall further issue, upon request, to such applicant one
(1), and for good cause shown, as the Director may define by rule
and regulations, not more than two (2), removable disabled windshield
hanging placards for use when the disabled person is occupying a vehicle
or when a vehicle not bearing the permanent handicap plate is being
used to pick up, deliver or collect the physically disabled person
issued the disabled motor vehicle license plate or disabled windshield
hanging placard.
I.
No
additional fee shall be paid to the Director for the issuance of the
special license plates provided in this Section, except for special
personalized license plates and other license plates described in
this Subsection. Priority for any specific set of special license
plates shall be given to the applicant who received the number in
the immediately preceding license period subject to the applicant's
compliance with the provisions of this Section and any applicable
rules or regulations issued by the Director. If determined feasible
by the advisory committee established in Section 301.129, RSMo., any
special license plate issued pursuant to this Section may be adapted
to also include the international wheelchair accessibility symbol
and the word "DISABLED" as prescribed in this Section and such plate
may be issued to any applicant who meets the requirements of this
Section and the other appropriate provision of Chapter 301, RSMo.,
subject to the requirements and fees of the appropriate provision
of Chapter 301, RSMo.
J.
Any
physically disabled person, or the parent or guardian of any such
person, or any not-for-profit group, organization or other entity
which transports more than one (1) physically disabled person may
apply to the Director of Revenue for a removable windshield placard.
The placard may be used in motor vehicles which do not bear the permanent
handicap symbol on the license plate. Such placards must be hung from
the front, middle rearview mirror of a parked motor vehicle and may
not be hung from the mirror during operation. These placards may only
be used during the period of time when the vehicle is being used by
a disabled person, or when the vehicle is being used to pick up, deliver
or collect a disabled person. When there is no rearview mirror, the
placard shall be displayed on the dashboard on the driver's side.
K.
The
removable windshield placard shall conform to the specifications,
in respect to size, color and content, as set forth in Federal regulations
published by the Department of Transportation. The removable windshield
placard shall be renewed every four (4) years. The Director may stagger
the expiration dates to equalize workload. Only one (1) removable
placard may be issued to an applicant who has been issued disabled
person license plates. Upon request, one (1) additional windshield
placard may be issued to an applicant who has not been issued disabled
person license plates.
L.
A temporary
windshield placard shall be issued to any physically disabled person
or the parent or guardian of any such person who otherwise qualifies
except that the physical disability, in the opinion of the physician,
is not expected to exceed a period of one hundred eighty (180) days.
The temporary windshield placard shall conform to the specifications,
in respect to size, color and content, as set forth in Federal regulations
published by the Department of Transportation. The fee for the temporary
windshield placard shall be two dollars ($2.00). Upon request and
for good cause shown, one (1) additional temporary windshield placard
may be issued to an applicant. Temporary windshield placards shall
be issued upon presentation of the physician's statement provided
by this Section and shall be displayed in the same manner as removable
windshield placards. A person or entity shall be qualified to possess
and display a temporary removable windshield placard for six (6) months
and the placard may be renewed once for an additional six (6) months
if a physician's statement pursuant to this Section is supplied to
the Director of Revenue at the time of renewal.
M.
Application
for license plates or windshield placards issued pursuant to this
Section shall be made to the Director of Revenue and shall be accompanied
by a statement signed by a licensed physician or other authorized
health care practitioner which certifies that the applicant, user
or member of the applicant's household is a physically disabled person
as defined by this Section.
N.
The
placard shall be renewable only by the person or entity to which the
placard was originally issued. Any placard issued pursuant to this
Section shall only be used when the physically disabled occupant for
whom the disabled plate or placard was issued is in the motor vehicle
at the time of parking or when a physically disabled person is being
delivered or collected. A disabled license plate and/or a removable
windshield hanging placard are not transferable and may not be used
by any other person whether disabled or not.
O.
At
the time the disabled plates or windshield hanging placards are issued,
the Director shall issue a registration certificate which shall include
the applicant's name, address and other identifying information as
prescribed by the Director, or if issued to an agency, such agency's
name and address. This certificate shall further contain the disabled
license plate number or, for windshield hanging placards, the registration
or identifying number stamped on the placard. The validated registration
receipt given to the applicant shall serve as the registration certificate.
P.
The
Director shall, upon issuing any disabled registration certificate
for license plates and/or windshield hanging placards, provide information
which explains that such plates or windshield hanging placards are
non-transferable, and the restrictions explaining who and when a person
or vehicle which bears or has the disabled plates or windshield hanging
placards may be used or be parked in a disabled reserved parking space,
and the penalties prescribed for violations of the provisions of this
act.
Q.
Every
new applicant for a disabled license plate or placard shall be required
to present a new physician's statement dated no more than ninety (90)
days prior to such application. Renewal applicants will be required
to submit a physician's statement dated no more than ninety (90) days
prior to such application upon their first (1st) renewal occurring
on or after August 1, 2005. Upon completing subsequent renewal applications,
a physician's statement dated no more than ninety (90) days prior
to such application shall be required every fourth (4th) year. Such
physician's statement shall state the expiration date for the temporary
windshield placard. If the physician fails to record an expiration
date on the physician's statement, the Director shall issue the temporary
windshield placard for a period of thirty (30) days. The Director
may stagger the requirement of a physician's statement on all renewals
for the initial implementation of a four (4) year period.
R.
The
Director of Revenue upon receiving a physician's statement pursuant
to this Subsection shall check with the State Board of Registration
for the Healing Arts created in Section 334.120, RSMo., or the Missouri
State Board of Nursing established in Section 335.021, RSMo., with
respect to physician's statements signed by advanced practice registered
nurses, or the Missouri State Board of Chiropractic Examiners established
in Section 331.090, RSMo., with respect to physician's statements
signed by licensed chiropractors, or with the Board of Optometry established
in Section 336.130, RSMo., with respect to physician's statements
signed by licensed optometrists, or the State Board of Podiatric Medicine
created in Section 330.100, RSMo., with respect to physician's statements
signed by physicians of the foot or podiatrists to determine whether
the physician is duly licensed and registered pursuant to law. If
such applicant obtaining a disabled license plate or placard presents
proof of disability in the form of a statement from the United States
Veterans' Administration verifying that the person is permanently
disabled, the applicant shall be exempt from the four (4) year certification
requirement of this Subsection for renewal of the plate or placard.
Initial applications shall be accompanied by the physician's statement
required by this Section. Notwithstanding the provisions of paragraph
(6) of the definition "physically disabled" in Subsection (A) of this Section, any person seventy-five (75) years of age or older who provided the physician's statement with the original application shall not be required to provide a physician's statement for the purpose of renewal of disabled persons license plates or windshield placards.
S.
The
boards shall cooperate with the Director and shall supply information
requested pursuant to this Subsection. The Director shall, in cooperation
with the boards which shall assist the Director, establish a list
of all Missouri physicians and other authorized health care practitioners
and of any other information necessary to administer this Section.
T.
Where
the owner's application is based on the fact that the vehicle is used
at least fifty percent (50%) of the time by a physically disabled
person, the applicant shall submit a statement stating this fact,
in addition to the physician's statement. The statement shall be signed
by both the owner of the vehicle and the physically disabled person.
The applicant shall be required to submit this statement with each
application for license plates. No person shall willingly or knowingly
submit a false statement and any such false statement shall be considered
perjury and may be punishable pursuant to Section 301.420, RSMo.
U.
The
Director of Revenue shall retain all physicians' statements and all
other documents received in connection with a person's application
for disabled license plates and/or disabled windshield placards.
V.
The
Director of Revenue shall enter into reciprocity agreements with other
States or the Federal government for the purpose of recognizing disabled
person license plates or windshield placards issued to physically
disabled persons.
W.
When
a person to whom disabled person license plates or a removable or
temporary windshield placard or both have been issued dies, the personal
representative of the decedent or such other person who may come into
or otherwise take possession of the disabled license plates or disabled
windshield placard shall return the same to the Director of Revenue
under penalty of law. Failure to return such plates or placards shall
constitute an ordinance violation.
X.
The
Director of Revenue may order any person issued disabled person license
plates or windshield placards to submit to an examination by a chiropractor,
osteopath or physician or to such other investigation as will determine
whether such person qualifies for the special plates or placards.
Y.
If
such person refuses to submit or is found to no longer qualify for
special plates or placards provided for in this Section, the Director
of Revenue shall collect the special plates or placards and shall
furnish license plates to replace the ones collected as provided by
this Chapter.
Z.
In
the event a removable or temporary windshield placard is lost, stolen
or mutilated, the lawful holder thereof shall, within five (5) days,
file with the Director of Revenue an application and an affidavit
stating such fact in order to purchase a new placard. The fee for
the replacement windshield placard shall be four dollars ($4.00).
AA.
Fraudulent
application, renewal, issuance, procurement or use of disabled person
license plates or windshield placards shall be a class A misdemeanor.
It is a class B misdemeanor for a physician, chiropractor, podiatrist
or optometrist to certify that an individual or family member is qualified
for a license plate or windshield placard based on a disability, the
diagnosis of which is outside their scope of practice or if there
is no basis for the diagnosis.
A.
Each
commercial motor vehicle except those licensed under the provisions
of Sections 301.057 or 301.058, RSMo., based on a gross weight of
thirty-six thousand (36,000) pounds or less and which are not regularly
used for actual commercial purposes shall have displayed thereon in
a conspicuous place:
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 Chapter 302,
RSMo.;
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.
If the Director of the Department of Revenue receives notification
of a failed drug, alcohol or chemical test pursuant to Section 302.275,
RSMo., and the Director makes a determination that such test was failed,
then the Director shall suspend the school bus permit, issued pursuant
to Section 302.272, RSMo., of such person for a period of one (1)
year from the date the determination is made. Any person who operates
a school bus, as defined in Section 301.010, RSMo., after having the
person's permit suspended pursuant to this Section shall be punished
in accordance with Section 302.321, RSMo.
Any person who drives a commercial motor vehicle without the
proper class of license or applicable endorsements valid for the type
of vehicle being operated, or a commercial driver's instruction permit,
or a receipt which indicates the driver is qualified to drive a commercial
motor vehicle, or who violates license restrictions in any State,
or driving a commercial motor vehicle without a commercial driver's
license in his or her possession shall be guilty of an ordinance violation.
Any individual who provides proof to the court which has jurisdiction
over the issued citation by the date the individual must appear in
court or pay any fine for such a violation that the individual held
a valid commercial driver's license on the date the citation was issued
shall not be guilty of this offense. No court shall suspend the imposition
of sentence as to such person nor sentence such person to a fine in
lieu of a term of imprisonment, nor shall such person be eligible
for parole or probation until he/she has served a minimum of forty-eight
(48) consecutive hours of imprisonment, unless as a condition of such
parole or probation, such person performs at least ten (10) days involving
at least forty (40) hours of community service under the supervision
of the court in those jurisdictions which have a recognized program
for community service. Upon receipt of such conviction the Director
shall disqualify such person's privilege to drive a commercial motor
vehicle pursuant to Section 302.755, RSMo.
A.
The
owner of every motor vehicle as defined in Section 301.010, RSMo.,
which is required to be registered in this State, except:
1.
New motor vehicles which have not been previously titled and registered
for the two (2) year period following their model year of manufacture;
2.
Those motor vehicles which are engaged in interstate commerce and
are proportionately registered in this State with the Missouri Highway
Reciprocity Commission, although the owner may request that such vehicle
be inspected by an official inspection station, and a Peace Officer
may stop and inspect such vehicles to determine whether the mechanical
condition is in compliance with the safety regulations established
by the United States Department of Transportation; and
3.
Historic motor vehicles registered pursuant to Section 301.131, RSMo.,
shall submit such vehicles to a biennial inspection of their mechanism
and equipment in accordance with the provisions of Sections 307.350
to 307.390, RSMo., and obtain a certificate of inspection and approval
and a sticker, seal or other device from a duly authorized official
inspection station. The inspection, except the inspection of school
buses which shall be made at the time provided in Section 307.375,
RSMo., shall be made at the time prescribed in the rules and regulations
issued by the Superintendent of the Missouri State Highway Patrol;
but the inspection of a vehicle shall not be made more than sixty
(60) days prior to the date of application for registration or within
sixty (60) days of when a vehicle's registration is transferred. Any
vehicle manufactured as an even-numbered model year vehicle shall
be inspected and approved pursuant to the safety inspection program
established pursuant to Sections 307.350 to 307.390, RSMo., in each
even-numbered calendar year and any such vehicle manufactured as an
odd-numbered model year vehicle shall be inspected and approved pursuant
to Sections 307.350 to 307.390, RSMo., in each odd-numbered year.
The certificate of inspection and approval shall be a sticker, seal
or other device or combination thereof, as the Superintendent of the
Missouri State Highway Patrol prescribes by regulation and shall be
displayed upon the motor vehicle or trailer as prescribed by the regulations
established by him/her. The replacement of certificates of inspection
and approval which are lost or destroyed shall be made by the Superintendent
of the Missouri State Highway Patrol under regulations prescribed
by him/her.
B.
For
the purpose of obtaining an inspection only, it shall be lawful to
operate a vehicle over the most direct route between the owner's usual
place of residence and an inspection station of such owner's choice,
notwithstanding the fact that the vehicle does not have a current
State registration license. It shall also be lawful to operate such
a vehicle from an inspection station to another place where repairs
may be made and to return the vehicle to the inspection station notwithstanding
the absence of a current State registration license.
C.
No
person whose motor vehicle was duly inspected and approved as provided
in this Section shall be required to have the same motor vehicle again
inspected and approved for the sole reason that such person wishes
to obtain a set of any special personalized license plates available
pursuant to Section 301.144, RSMo., or a set of any license plates
available pursuant to Section 301.142, RSMo., prior to the expiration
date of such motor vehicle's current registration.
D.
Notwithstanding
the provisions of Section 307.390, RSMo., violation of this Section
shall be deemed an infraction.
