Missouri Revised Statutes
Chapter 544
Arrest, Examination, Commitment and Bail
←544.045
Section 544.046.1
544.050→
August 28, 2015
Compact--entered into.
544.046. The Nonresident Violator Compact, hereinafter called "the
compact," is hereby enacted into law and entered into with all other
jurisdictions legally joining therein in the form substantially as follows:
Article I
(a) The party jurisdictions find that:
(1) In most instances, a motorist who is cited for a traffic
violation in a jurisdiction other than his home jurisdiction:
(i) Must post collateral or bond to secure appearance for trial at a
later date; or
(ii) If unable to post collateral or bond, is taken into custody
until the collateral or bond is posted; or
(iii) Is taken directly to court for his trial to be held.
(2) In some instances, the motorist's driver's license may be
deposited as collateral to be returned after he has complied with the terms
of the citation.
(3) The purpose of the practices described in paragraphs (1) and (2)
above is to ensure compliance with the terms of a traffic citation by the
motorist who, if permitted to continue on his way after receiving the
traffic citation, could return to his home jurisdiction and disregard his
duty under the terms of the traffic citation.
(4) A motorist receiving a traffic citation in his home jurisdiction
is permitted, except for certain violations, to accept the citation from
the officer at the scene of the violation and to immediately continue on
his way after promising or being instructed to comply with the terms of the
citation.
(5) The practice described in paragraph (1) above causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at
the time to post collateral, furnish a bond, stand trial, or pay the fine,
and thus is compelled to remain in custody until some arrangement can be
made.
(6) The deposit of a driver's license as a bail bond, as described in
paragraph (2) above, is viewed with disfavor.
(7) The practices described herein consume an undue amount of law
enforcement time.
(b) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and administrative
rules and regulations relating to the operation of motor vehicles in each
of the jurisdictions.
(2) Allow motorists to accept a traffic citation for certain
violations and proceed on their way without delay whether or not the
motorist is a resident of the jurisdiction in which the citation was
issued.
(3) Extend cooperation to its fullest extent among the jurisdictions
for obtaining compliance with the terms of a traffic citation issued in one
jurisdiction to a resident of another jurisdiction.
(4) Maximize effective utilization of law enforcement personnel and
assist court systems in the efficient disposition of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions may
participate in a reciprocal program to effectuate the policies enumerated
in paragraph (b) above in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of traffic violators
operating within party jurisdictions in recognition of the motorist's right
of due process and the sovereign status of a party jurisdiction.
Article II
(a) In the Nonresident Violator Compact, the following words have the
meaning indicated, unless the context requires otherwise.
(b) (1) "Citation" means any summons, ticket, or other official
document issued by a police officer for a traffic violation containing an
order which requires the motorist to respond.
(2) "Collateral" means any cash or other security deposited to secure
an appearance for trial, following the issuance by a police officer of a
citation for a traffic violation.
(3) "Court" means a court of law or traffic tribunal.
(4) "Driver's license" means any license or privilege to operate a
motor vehicle issued under the laws of the home jurisdiction.
(5) "Home jurisdiction" means the jurisdiction that issued the
driver's license of the traffic violator.
(6) "Issuing jurisdiction" means the jurisdiction in which the
traffic citation was issued to the motorist.
(7) "Jurisdiction" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto
Rico.
(8) "Motorist" means a driver of a motor vehicle operating in a party
jurisdiction other than the home jurisdiction.
(9) "Personal recognizance" means an agreement by a motorist made at
the time of issuance of the traffic citation that he will comply with the
terms of that traffic citation.
(10) "Police officer" means any individual authorized by the party
jurisdiction to issue a citation for a traffic violation.
(11) "Terms of the citation" means those options expressly stated
upon the citation.
Article III
(a) When issuing a citation for a traffic violation, a police officer
shall issue the citation to a motorist who possesses a driver's license
issued by a party jurisdiction and shall not, subject to the exceptions
noted in paragraph (b) of this article, require the motorist to post
collateral to secure appearance, if the officer receives the motorist's
signed, personal recognizance that he or she will comply with the terms of
the citation.
(b) Personal recognizance is acceptable only if not prohibited by
law. If mandatory appearance is required, it must take place immediately
following issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic
citation, the appropriate official shall report the failure to comply to
the licensing authority of the jurisdiction in which the traffic citation
was issued. The report shall be made in accordance with procedures
specified by the issuing jurisdiction and shall contain information as
specified in the Compact Manual as minimum requirements for effective
processing by the home jurisdiction.
(d) Upon receipt of the report, the licensing authority of the
issuing jurisdiction shall transmit to the licensing authority in the home
jurisdiction of the motorist the information in a form and content as
contained in the Compact Manual.
(e) The licensing authority of the issuing jurisdiction may not
suspend the privilege of a motorist for whom a report has been transmitted.
(f) The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation if the date of transmission is more than
six months after the date on which the traffic citation was issued unless
the motorist was operating a Commercial Motor Vehicle (CMV) or was a
Commercial Driver License (CDL) holder at the time of the offense.
(g) The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation where the date of issuance of the
citation predates the most recent of the effective dates of entry for the
two jurisdictions affected.
Article IV
(a) Upon receipt of a report of a failure to comply from the
licensing authority of the issuing jurisdiction, the licensing authority of
the home jurisdiction shall notify the motorist and initiate a suspension
action, in accordance with the home jurisdiction's procedures, to suspend
the motorist's driver's license until satisfactory evidence of compliance
with the terms of the traffic citation has been furnished to the home
jurisdiction licensing authority. Due process safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall maintain a
record of actions taken and make reports to issuing jurisdictions as
provided in the Compact Manual.
Article V
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party
jurisdiction to apply any of its other laws relating to licenses to drive
to any person or circumstance, or to invalidate or prevent any driver
license agreement or other cooperative arrangement between a party
jurisdiction and a nonparty jurisdiction.
Article VI
(a) For the purpose of administering the provisions of this compact
and to serve as a governing body for the resolution of all matters relating
to the operation of this compact, a Board of Compact Administrators is
established. The board shall be composed of one representative from each
party jurisdiction to be known as the compact administrator. The compact
administrator shall be appointed by the jurisdiction executive and will
serve and be subject to removal in accordance with the laws of the
jurisdiction he represents. A compact administrator may provide for the
discharge of his duties and the performance of his functions as a board
member by an alternate. An alternate may not be entitled to serve unless
written notification of his identity has been given to the board.
(b) Each member of the Board of Compact Administrators shall be
entitled to one vote. No action of the board shall be binding unless taken
at a meeting at which a majority of the total number of votes on the board
are cast in favor. Action by the board shall be only at a meeting at which
a majority of the party jurisdictions are represented.
(c) The board shall elect annually, from its membership, a chairman
and a vice chairman.
(d) The board shall adopt bylaws, not inconsistent with the
provisions of this compact or the laws of a party jurisdiction, for the
conduct of its business and shall have the power to amend and rescind its
bylaws.
(e) The board may accept for any of its purposes and functions under
this compact any and all donations, and grants of money, equipment,
supplies, materials, and services, conditional or otherwise, from any
jurisdiction, the United States, or any other governmental agency, and may
receive, utilize, and dispose of the same.
(f) The board may contract with, or accept services or personnel
from, any governmental or intergovernmental agency, person, firm, or
corporation, or any private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures and develop
uniform forms and documents for administering the provisions of this
compact.
All procedures and forms adopted pursuant to board action shall be
contained in the Compact Manual.
Article VII
(a) This compact shall become effective when it has been adopted by
at least two jurisdictions.
(b) (1) Entry into the compact shall be made by a Resolution of
Ratification executed by the authorized officials of the applying
jurisdiction and submitted to the chairman of the board.
(2) The resolution shall be in a form and content as provided in the
Compact Manual and shall include statements that in substance are as
follows:
(i) A citation of the authority by which the jurisdiction is
empowered to become a party to this compact.
(ii) Agreement to comply with the terms and provisions of the
compact.
(iii) That compact entry is with all jurisdictions then party to the
compact and with any jurisdiction that legally becomes a party to the
compact.
(3) The effective date of entry shall be specified by the applying
jurisdiction, but it shall not be less than 60 days after notice has been
given by the chairman of the Board of Compact Administrators or by the
secretariat of the board to each party jurisdiction that the resolution
from the applying jurisdiction has been received.
(c) A party jurisdiction may withdraw from this compact by official
written notice to the other party jurisdictions, but a withdrawal shall not
take effect until 90 days after notice of withdrawal is given. The notice
shall be directed to the compact administrator of each member jurisdiction.
No withdrawal shall affect the validity of this compact as to the remaining
party jurisdictions.
Article VIII
The provisions of this compact shall not apply to parking or standing
violations, highway weight limit violations, and violations of law
governing the transportation of hazardous materials.
Article IX
(a) This compact may be amended from time to time. Amendments shall
be presented in resolution form to the chairman of the Board of Compact
Administrators and may be initiated by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party
jurisdictions and shall become effective 30 days after the date of the last
endorsement.
(c) Failure of a party jurisdiction to respond to the compact
chairman within 120 days after receipt of the proposed amendment shall
constitute endorsement.
Article X
This compact shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this compact shall be severable
and if any phrase, clause, sentence, or provision of this compact is
declared to be contrary to the constitution of any party jurisdiction or of
the United States or the applicability thereof to any government, agency,
person, or circumstance, the compact shall not be affected thereby. If
this compact shall be held contrary to the constitution of any jurisdiction
party thereto, the compact shall remain in full force and effect as to the
remaining jurisdictions and in full force and effect as to the jurisdiction
affected as to all severable matters.
Article XI
This compact shall be known as the Nonresident Violator Compact.
(L. 1980 H.B. 980 § 1, A.L. 2012 H.B. 1402)
1991
1991
544.046. The Nonresident Violator Compact, hereinafter called "the
compact," is hereby enacted into law and entered into with all other
jurisdictions legally joining therein in the form substantially as follows:
Article I
(a) The party jurisdictions find that:
(1) In most instances, a motorist who is cited for a traffic violation in
a jurisdiction other than his home jurisdiction:
(i) Must post collateral or bond to secure appearance for trial at a
later date; or
(ii) If unable to post collateral or bond, is taken into custody until
the collateral or bond is posted; or
(iii) Is taken directly to court for his trial to be held.
(2) In some instances, the motorist's driver's license may be deposited
as collateral to be returned after he has complied with the terms of the
citation.
(3) The purpose of the practices described in paragraphs (1) and (2)
above is to ensure compliance with the terms of a traffic citation by the
motorist who, if permitted to continue on his way after receiving the traffic
citation, could return to his home jurisdiction and disregard his duty under
the terms of the traffic citation.
(4) A motorist receiving a traffic citation in his home jurisdiction is
permitted, except for certain violations, to accept the citation from the
officer at the scene of the violation and to immediately continue on his way
after promising or being instructed to comply with the terms of the citation.
(5) The practice described in paragraph (1) above causes unnecessary
inconvenience and, at times, a hardship for the motorist who is unable at the
time to post collateral, furnish a bond, stand trial, or pay the fine, and
thus is compelled to remain in custody until some arrangement can be made.
(6) The deposit of a driver's license as a bail bond, as described in
paragraph (2) above, is viewed with disfavor.
(7) The practices described herein consume an undue amount of law
enforcement time.
(b) It is the policy of the party jurisdictions to:
(1) Seek compliance with the laws, ordinances, and administrative rules
and regulations relating to the operation of motor vehicles in each of the
jurisdictions.
(2) Allow motorists to accept a traffic citation for certain violations
and proceed on their way without delay whether or not the motorist is a
resident of the jurisdiction in which the citation was issued.
(3) Extend cooperation to its fullest extent among the jurisdictions for
obtaining compliance with the terms of a traffic citation issued in one
jurisdiction to a resident of another jurisdiction.
(4) Maximize effective utilization of law enforcement personnel and
assist court systems in the efficient disposition of traffic violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party jurisdictions may participate
in a reciprocal program to effectuate the policies enumerated in paragraph
(b) above in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of traffic violators
operating within party jurisdictions in recognition of the motorist's right
of due process and the sovereign status of a party jurisdiction. Article II
(a) In the Nonresident Violator Compact, the following words have the
meaning indicated, unless the context requires otherwise.
(b)(1) "Citation" means any summons, ticket, or other official document
issued by a police officer for a traffic violation containing an order which
requires the motorist to respond.
(2) "Collateral" means any cash or other security deposited to secure an
appearance for trial, following the issuance by a police officer of a
citation for a traffic violation.
(3) "Court" means a court of law or traffic tribunal.
(4) "Driver's license" means any license or privilege to operate a motor
vehicle issued under the laws of the home jurisdiction.
(5) "Home jurisdiction" means the jurisdiction that issued the driver's
license of the traffic violator.
(6) "Issuing jurisdiction" means the jurisdiction in which the traffic
citation was issued to the motorist.
(7) "Jurisdiction" means a state, territory, or possession of the United
States, the District of Columbia, or the Commonwealth of Puerto Rico.
(8) "Motorist" means a driver of a motor vehicle operating in a party
jurisdiction other than the home jurisdiction.
(9) "Personal recognizance" means an agreement by a motorist made at the
time of issuance of the traffic citation that he will comply with the terms
of that traffic citation.
(10) "Police officer" means any individual authorized by the party
jurisdiction to issue a citation for a traffic violation.
(11) "Terms of the citation" means those options expressly stated upon
the citation. Article III
(a) When issuing a citation for a traffic violation, a police officer
shall issue the citation to a motorist who possesses a driver's license
issued by a party jurisdiction and shall not, subject to the exceptions noted
in paragraph (b) of this article, require the motorist to post collateral to
secure appearance, if the officer receives the motorist's signed, personal
recognizance that he or she will comply with the terms of the citation.
(b) Personal recognizance is acceptable only if not prohibited by law.
If mandatory appearance is required, it must take place immediately following
issuance of the citation.
(c) Upon failure of a motorist to comply with the terms of a traffic
citation, the appropriate official shall report the failure to comply to the
licensing authority of the jurisdiction in which the traffic citation was
issued. The report shall be made in accordance with procedures specified by
the issuing jurisdiction and shall contain information as specified in the
Compact Manual as minimum requirements for effective processing by the home
jurisdiction.
(d) Upon receipt of the report, the licensing authority of the issuing
jurisdiction shall transmit to the licensing authority in the home
jurisdiction of the motorist the information in a form and content as
contained in the Compact Manual.
(e) The licensing authority of the issuing jurisdiction may not suspend
the privilege of a motorist for whom a report has been transmitted.
(f) The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation if the date of transmission is more than
six months after the date on which the traffic citation was issued.
(g) The licensing authority of the issuing jurisdiction shall not
transmit a report on any violation where the date of issuance of the citation
predates the most recent of the effective dates of entry for the two
jurisdictions affected. Article IV
(a) Upon receipt of a report of a failure to comply from the licensing
authority of the issuing jurisdiction, the licensing authority of the home
jurisdiction shall notify the motorist and initiate a suspension action, in
accordance with the home jurisdiction's procedures, to suspend the motorist's
driver's license until satisfactory evidence of compliance with the terms of
the traffic citation has been furnished to the home jurisdiction licensing
authority. Due process safeguards will be accorded.
(b) The licensing authority of the home jurisdiction shall maintain a
record of actions taken and make reports to issuing jurisdictions as provided
in the Compact Manual. Article V
Except as expressly required by provisions of this compact, nothing
contained herein shall be construed to affect the right of any party
jurisdiction to apply any of its other laws relating to licenses to drive to
any person or circumstance, or to invalidate or prevent any driver license
agreement or other cooperative arrangement between a party jurisdiction and a
nonparty jurisdiction. Article VI
(a) For the purpose of administering the provisions of this compact and
to serve as a governing body for the resolution of all matters relating to
the operation of this compact, a Board of Compact Administrators is
established. The board shall be composed of one representative from each
party jurisdiction to be known as the compact administrator. The compact
administrator shall be appointed by the jurisdiction executive and will serve
and be subject to removal in accordance with the laws of the jurisdiction he
represents. A compact administrator may provide for the discharge of his
duties and the performance of his functions as a board member by an
alternate. An alternate may not be entitled to serve unless written
notification of his identity has been given to the board.
(b) Each member of the Board of Compact Administrators shall be entitled
to one vote. No action of the board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the board are
cast in favor. Action by the board shall be only at a meeting at which a
majority of the party jurisdictions are represented.
(c) The board shall elect annually, from its membership, a chairman and a
vice chairman.
(d) The board shall adopt bylaws, not inconsistent with the provisions of
this compact or the laws of a party jurisdiction, for the conduct of its
business and shall have the power to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and functions under this
compact any and all donations, and grants of money, equipment, supplies,
materials, and services, conditional or otherwise, from any jurisdiction, the
United States, or any other governmental agency, and may receive, utilize,
and dispose of the same.
(f) The board may contract with, or accept services or personnel from,
any governmental or intergovernmental agency, person, firm, or corporation,
or any private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures and develop
uniform forms and documents for administering the provisions of this compact.
All procedures and forms adopted pursuant to board action shall be contained
in the Compact Manual. Article VII
(a) This compact shall become effective when it has been adopted by at
least two jurisdictions.
(b)(1) Entry into the compact shall be made by a Resolution of
Ratification executed by the authorized officials of the applying
jurisdiction and submitted to the chairman of the board.
(2) The resolution shall be in a form and content as provided in the
Compact Manual and shall include statements that in substance are as follows:
(i) A citation of the authority by which the jurisdiction is empowered to
become a party to this compact.
(ii) Agreement to comply with the terms and provisions of the compact.
(iii) That compact entry is with all jurisdictions then party to the
compact and with any jurisdiction that legally becomes a party to the compact.
(3) The effective date of entry shall be specified by the applying
jurisdiction, but it shall not be less than 60 days after notice has been
given by the chairman of the Board of Compact Administrators or by the
secretariat of the board to each party jurisdiction that the resolution from
the applying jurisdiction has been received.
(c) A party jurisdiction may withdraw from this compact by official
written notice to the other party jurisdictions, but a withdrawal shall not
take effect until 90 days after notice of withdrawal is given. The notice
shall be directed to the compact administrator of each member jurisdiction.
No withdrawal shall affect the validity of this compact as to the remaining
party jurisdictions. Article VIII
The provisions of this compact shall not apply to parking or standing
violations, highway weight limit violations, and violations of law governing
the transportation of hazardous materials. Article IX
(a) This compact may be amended from time to time. Amendments shall be
presented in resolution form to the chairman of the Board of Compact
Administrators and may be initiated by one or more party jurisdictions.
(b) Adoption of an amendment shall require endorsement of all party
jurisdictions and shall become effective 30 days after the date of the last
endorsement.
(c) Failure of a party jurisdiction to respond to the compact chairman
within 120 days after receipt of the proposed amendment shall constitute
endorsement. Article X
This compact shall be liberally construed so as to effectuate the
purposes stated herein. The provisions of this compact shall be severable
and if any phrase, clause, sentence, or provision of this compact is declared
to be contrary to the constitution of any party jurisdiction or of the United
States or the applicability thereof to any government, agency, person, or
circumstance, the compact shall not be affected thereby. If this compact
shall be held contrary to the constitution of any jurisdiction party thereto,
the compact shall remain in full force and effect as to the remaining
jurisdictions and in full force and effect as to the jurisdiction affected as
to all severable matters. Article XI
This compact shall be known as the Nonresident Violator Compact.
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