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Section: 544.0046 Compact--Entered Into. Rsmo 544.046


Published: 2015

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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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