Perfected

LAWFUL PRESENCE - Under this act, an applicant for a noncommercial driver's license 65 years of age or older may use a previously issued Missouri driver's license, instruction permit or nondriver's license as proof of lawful presence. This portion of the act contains an emergency clause.

REVOCATION OF MOTOR CARRIER REGISTRATIONS - This act allows the state Highway Commission to suspend, revoke or cancel the registration, license, permit or other credential issued to a motor carrier if a federal agency or the commission has issued an out-of-service order against the motor carrier. The law is applicable to out-of-service orders placing a motor carrier's entire operation out of service but does not apply to out-of-service orders placing an individual driver or vehicle out of service. If the commission issues an order under this act, the motor carrier shall not operate any commercial motor vehicles and shall not allow any employees to operate any commercial motor vehicles in intrastate or interstate commerce. After the commission has issued an order, the motor carrier shall surrender all license plates, motor carrier licenses, registrations, permits, and other credentials. After the commission has issued an order, the out-of-state motor carrier shall not be eligible to apply for the issuance or reinstatement of any license, registration, permit, certificate or other credential until the out-of-service order has been rescinded or the orders have been set aside by a court of proper jurisdiction. The act establishes provides that any federal or state order shall be admissible in administrative and court proceedings and that such orders shall constitute prima facie evidence that the motor carrier violated federal regulations or that the motor carrier's operation of commercial motor vehicles poses an imminent hazard (Section 226.009). This section is contained in SB 761 (2006).

GRADUATED DRIVER'S LICENSE LAW - This act modifies Missouri's graduated driver's license law with respect to the number of hours of instruction and passenger restrictions.

HOURS OF BEHIND-THE-WHEEL INSTRUCTION - This act increases the number of hours of behind-the-wheel driving instruction that one must complete in order to obtain a temporary instruction permit. The current law requires 20 hours of instruction while the act proposes 40 hours of instruction, including a minimum of 10 hours of nighttime instruction. This requirement is effective January 1, 2007.

PASSENGER RESTRICTIONS - The act places passenger restrictions on individuals who possess an intermediate driver's license. For the first six months after issuance of the intermediate driver's license, the holder of the license shall not operate a motor vehicle with more than one passenger who is under the age of 19 who is not a member of the holder's immediate family. After the expiration of the first six months, the holder of an intermediate driver's license shall not operate a motor vehicle with more than three passengers who are under 19 years of age and who are not members of the holder's immediate family. The passenger restrictions do not apply to an intermediate driver’s license holder who is operating a vehicle being used in agricultural work-related activities.

The act provides that any person who violates the provisions of the intermediate driver's license law or the temporary permit law shall be guilty of an infraction and no points shall be assessed to their driving record for any such violation (Sections 302.130 and 302.178).

STEPHEN WITTE