SCS/HCS/HB 1118 - This act makes several revisions to the commercial driver's license law. These provisions are substantially similar to those contained in SS/SCS/SB 1233 et al (2004). These provision are enacted to ensure compliance with federal law.

SCHOOL BUS ENDORSEMENT - Any individual who operates a school bus must have a school bus endorsement on their driver's license. In order to obtain a school bus endorsement, an applicant must submit two sets of fingerprints. One set of prints will be used by the State Highway Patrol to search the criminal history repository, and the second set will be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files. The applicant will pay the fee for the state criminal history information and the federal criminal history record. The act also allows applicants who have a school bus endorsement from another state to receive one in Missouri (Sections 302.177, 302.272, and 302.273).

FRAUD IN DRIVER'S LICENSE PROCESS - Under this act, a person who makes a false statement or affidavit to the Department of Revenue when obtaining a driver's license shall be guilty of a Class A misdemeanor. A person who commits or assists another individual in committing fraud during a driver's license examination or otherwise commits fraud in an application for a driver's license, instruction permit or commercial driver's license shall be guilty of a Class A misdemeanor (sections 302.230 and 302.233). Persons who commit or assist others in committing fraud during driver's license examinations shall have los their driving privileges for a period of one year.

DRIVING WHILE REVOKED-CDL - This act creates the crime of driving a commercial motor vehicle while revoked if a person operates a commercial motor vehicle with a revoked, suspended, canceled license or is otherwise disqualified from operating a commercial motor vehicle. This offense is a Class A misdemeanor. Driving a commercial motor vehicle on a fourth or subsequent offense with commercial driving privileges revoked or suspended, with no prior alcohol-related enforcement contacts, and the defendant waived the right to an attorney and the prior three offenses occurred within 10 years and the person served a 10-day sentence on the previous offenses is a Class D felony. Any person with a prior alcohol-related contact convicted of driving a commercial motor while revoked a third or subsequent time is guilty of a Class D felony. Driving a commercial motor vehicle while revoked is a Class D felony on the second or subsequent DWI conviction. Driving a commercial motor vehicle while revoked on a fourth or subsequent conviction for other offenses is a Class D felony (Section 302.727).

DRIVER IMPROVEMENT PROGRAM/LIMITED DRIVING PRIVILEGES - Under this act, holders of a commercial driver's license can avoid the assessment of points upon the completion of a driver- improvement program (Section 302.302.5). CDL holders will not be allowed limited driving privileges for a commercial vehicle if their driving privileges are suspended, revoked, canceled, denied, or disqualified. This limitation, however, shall not prevent the individual from obtaining a limited driving privilege for a noncommercial motor vehicle if otherwise qualified (Section 302.309).

APPLICATION PROCEDURE -STATE RECORD CHECKS - This act requires applicants for a CDL to disclose the names of all states which have issued them a CDL during the previous 10-year period (Section 302.735). The Director of the Department of Revenue is required before the initial issuance of a CDL and for the first renewal to obtain driving record information from any state licensing system in which the person had been issued a license . A CDL driving record must contain a complete history of the driver, including information and convictions from previous states of licensure (Section 302.740).

DISQUALIFICATION AND OTHER OFFENSES - The act modifies the definition of "disqualification" to include suspension and revocation of commercial driver's licenses, withdrawal of driving privileges, or a determination by the Federal Motor Carrier Safety Administrator that the driver is not qualified to operate a commercial motor vehicle (Section 302.700). The act modifies the definition of commercial motor vehicle to include vehicles designed to transport 16 or more passengers instead of 15 as provided by the current law. The act modifies the definition of "driving under the influence of alcohol" to include offenses committed while driving a commercial or noncommercial motor vehicle. The act modifies the definition of "serious traffic violation" to include driving a commercial motor vehicle without a CDL license in the person's possession (may later submit proof to the court of proper licensure) or driving a commercial motor vehicle without the proper endorsement for the type of vehicle being driven or cargo being transported. The director is required to disqualify any driver the U. S. Secretary of Transportation has determined to constitute an imminent hazard. A person who drives a commercial motor vehicle without having his or his CDL license in his or her possession shall be guilty of a Class A misdemeanor (Section 302.725). Driving a commercial motor vehicle which causes a fatality due to negligent operation shall disqualify the driver. A driver that has been determined to be an imminent hazard shall also be disqualified (Section 302.755).

OUT-OF-SERVICE ORDERS - Any driver who violates an out-of- service order is subject to a civil penalty not to exceed an amount determined by the U. S. Secretary of Transportation in addition to the disqualification (Section 302.756).

RAILROAD CROSSINGS - This act requires operators of commercial motor vehicles to operate their vehicles at a safe rate of speed which will permit the vehicle to be stopped before reaching the crossing and not drive over the crossing until due caution is taken to ascertain that the course is clear (Section 304.035).

EXPUNGEMENT OR MASKING OF CDL RECORDS - This act provides that individuals who have been issued CDL licenses shall not have the right to have an alcohol-related offense expunged from their records (Section 577.054). Under this act, no federal, state, county, municipal, or local court can defer imposition of judgment, suspend imposition of sentence, or allow an individual who possesses or is required to possess a CDL to enter into a diversion program that will prevent a conviction for any violation of any traffic law from appearing on the driver's record maintained by the Department of Revenue (Section 302.345). Under federal law, a state must not mask, defer imposition of judgment, or allow an individual to enter into a diversion program that would prevent a CDL driver's conviction for any violation, in any type of motor vehicle, of a state or local traffic control law (except a parking violation) from appearing on the driver's record, whether the driver was convicted for an offense committed in the state where the driver is licensed or another state (49 CFR section 384.226). Failure to comply with this federal directive could lead to the withholding of federal highway funds (Section 577.054).

EFFECTIVE DATE - The commercial driver license provisions of the act will become effective September 30, 2005.
STEPHEN WITTE