Missouri Revised Statutes













Chapter 302

Drivers' and Commercial Drivers' Licenses

←302.605

Section 302.700.1

302.700→

August 28, 2015

Beginning January 1, 2017--Citation of law--definitions.

302.700. 1. Sections 302.700 to 302.780 may be cited as the "Uniform

Commercial Driver's License Act".



2. When used in sections 302.700 to 302.780, the following words and

phrases mean:



(1) "Alcohol", any substance containing any form of alcohol,

including, but not limited to, ethanol, methanol, propanol and isopropanol;



(2) "Alcohol concentration", the number of grams of alcohol per one

hundred milliliters of blood or the number of grams of alcohol per two

hundred ten liters of breath or the number of grams of alcohol per

sixty-seven milliliters of urine;



(3) "CDL driver", a person holding or required to hold a commercial

driver's license (CDL);



(4) "CDLIS driver record", the electronic record of the individual

commercial driver's status and history stored by the state of record as

part of the Commercial Driver's License Information System (CDLIS)

established under 49 U.S.C. Section 31309, et seq.;



(5) "CDLIS motor vehicle record (CDLIS MVR)", a report generated from

the CDLIS driver record which meets the requirements for access to CDLIS

information and is provided by states to users authorized in 49 CFR 384,

subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C.

Sections 2721 to 2725, et seq.;



(6) "Commercial driver's instruction permit", a commercial learner's

permit issued to an individual by a state or other jurisdiction of domicile

in accordance with the standards contained in 49 CFR 383, which, when

carried with a valid driver's license issued by the same state or

jurisdiction, authorizes the individual to operate a class of commercial

motor vehicle when accompanied by a holder of a valid commercial driver's

license for purposes of behind-the-wheel training. When issued to a

commercial driver's license holder, a commercial learner's permit serves as

authorization for accompanied behind-the-wheel training in a commercial

motor vehicle for which the holder's current commercial driver's license is

not valid;



(7) "Commercial driver's license (CDL)", a license issued by this

state or other jurisdiction of domicile in accordance with 49 CFR 383 which

authorizes the individual to operate a class of commercial motor vehicle;



(8) "Commercial driver's license downgrade", occurs when:



(a) A driver changes the self-certification to interstate, but

operates exclusively in transportation or operation excepted from 49 CFR

391, as provided in 49 CFR 390.3(f), 391.2, 391.68, or 398.3;



(b) A driver changes the self-certification to intrastate only, if

the driver qualifies under the state's physical qualification requirements

for intrastate only;



(c) A driver changes the self-certification to intrastate, but

operating exclusively in transportation or operations excepted from all or

part of the state driver qualification requirements; or



(d) The state removes the commercial driver's license privilege from

the driver's license;



(9) "Commercial driver's license information system (CDLIS)", the

information system established pursuant to the Commercial Motor Vehicle

Safety Act of 1986 (Title XII of Pub. Law 99-570) to serve as a

clearinghouse for locating information related to the licensing and

identification of commercial motor vehicle drivers;



(10) "Commercial motor vehicle", a motor vehicle or combination of

motor vehicles used in commerce to transport passengers or property:



(a) If the vehicle has a gross combination weight rating or gross

combination weight of twenty-six thousand one or more pounds inclusive of a

towed unit which has a gross vehicle weight rating or gross vehicle weight

of more than ten thousand one pounds or more, whichever is greater;



(b) If the vehicle has a gross vehicle weight rating or gross vehicle

weight of twenty-six thousand one or more pounds, whichever is greater;



(c) If the vehicle is designed to transport sixteen or more

passengers, including the driver; or



(d) If the vehicle is transporting hazardous materials and is

required to be placarded under the Hazardous Materials Transportation Act

(46 U.S.C. Section 1801, et seq.);



(11) "Controlled substance", any substance so classified under

Section 102(6) of the Controlled Substances Act (21 U.S.C. Section 802(6)),

and includes all substances listed in Schedules I through V of 21 CFR 1308,

as they may be revised from time to time;



(12) "Conviction", an unvacated adjudication of guilt, including

pleas of guilt and nolo contendere, or a determination that a person has

violated or failed to comply with the law in a court of original

jurisdiction or an authorized administrative proceeding, an unvacated

forfeiture of bail or collateral deposited to secure the person's

appearance in court, the payment of a fine or court cost, or violation of a

condition of release without bail, regardless of whether the penalty is

rebated, suspended or prorated, including an offense for failure to appear

or pay;



(13) "Director", the director of revenue or his authorized

representative;



(14) "Disqualification", any of the following three actions:



(a) The suspension, revocation, or cancellation of a commercial

driver's license or commercial driver's instruction permit;



(b) Any withdrawal of a person's privileges to drive a commercial

motor vehicle by a state, Canada, or Mexico as the result of a violation of

federal, state, county, municipal, or local law relating to motor vehicle

traffic control or violations committed through the operation of motor

vehicles, other than parking, vehicle weight, or vehicle defect violations;



(c) A determination by the Federal Motor Carrier Safety

Administration that a person is not qualified to operate a commercial motor

vehicle under 49 CFR 383.52 or 391;



(15) "Drive", to drive, operate or be in physical control of a

commercial motor vehicle;



(16) "Driver", any person who drives, operates, or is in physical

control of a motor vehicle, or who is required to hold a commercial

driver's license;



(17) "Driver applicant", an individual who applies to obtain,

transfer, upgrade, or renew a commercial driver's license or commercial

driver's instruction permit in this state;



(18) "Driving under the influence of alcohol", the commission of any

one or more of the following acts:



(a) Driving a commercial motor vehicle with the alcohol concentration

of four one-hundredths of a percent or more as prescribed by the Secretary

or such other alcohol concentration as may be later determined by the

Secretary by regulation;



(b) Driving a commercial or noncommercial motor vehicle while

intoxicated in violation of any federal or state law, or in violation of a

county or municipal ordinance;



(c) Driving a commercial or noncommercial motor vehicle with

excessive blood alcohol content in violation of any federal or state law,

or in violation of a county or municipal ordinance;



(d) Refusing to submit to a chemical test in violation of section

302.574, section 302.750, any federal or state law, or a county or

municipal ordinance; or



(e) Having any state, county or municipal alcohol-related enforcement

contact, as defined in subsection 3 of section 302.525; provided that any

suspension or revocation pursuant to section 302.505, committed in a

noncommercial motor vehicle by an individual twenty-one years of age or

older shall have been committed by the person with an alcohol concentration

of at least eight-hundredths of one percent or more, or in the case of an

individual who is less than twenty-one years of age, shall have been

committed by the person with an alcohol concentration of at least

two-hundredths of one percent or more, and if committed in a commercial

motor vehicle, a concentration of four-hundredths of one percent or more;



(19) "Driving under the influence of a controlled substance", the

commission of any one or more of the following acts in a commercial or

noncommercial motor vehicle:



(a) Driving a commercial or noncommercial motor vehicle while under

the influence of any substance so classified under Section 102(6) of the

Controlled Substances Act (21 U.S.C. Section 802(6)), including any

substance listed in Schedules I through V of 21 CFR 1308, as they may be

revised from time to time;



(b) Driving a commercial or noncommercial motor vehicle while in a

drugged condition in violation of any federal or state law or in violation

of a county or municipal ordinance; or



(c) Refusing to submit to a chemical test in violation of section

302.574, section 302.750, any federal or state law, or a county or

municipal ordinance;



(20) "Electronic device", includes but is not limited to a cellular

telephone, personal digital assistant, pager, computer, or any other device

used to input, write, send, receive, or read text;



(21) "Employer", any person, including the United States, a state, or

a political subdivision of a state, who owns or leases a commercial motor

vehicle or assigns a driver to operate such a vehicle;



(22) "Endorsement", an authorization on an individual's commercial

driver's license or commercial learner's permit required to permit the

individual to operate certain types of commercial motor vehicles;



(23) "Farm vehicle", a commercial motor vehicle controlled and

operated by a farmer used exclusively for the transportation of

agricultural products, farm machinery, farm supplies, or a combination of

these, within one hundred fifty miles of the farm, other than one which

requires placarding for hazardous materials as defined in this section, or

used in the operation of a common or contract motor carrier, except that a

farm vehicle shall not be a commercial motor vehicle when the total

combined gross weight rating does not exceed twenty-six thousand one pounds

when transporting fertilizers as defined in subdivision (29) of this

subsection;



(24) "Fatality", the death of a person as a result of a motor vehicle

accident;



(25) "Felony", any offense under state or federal law that is

punishable by death or imprisonment for a term exceeding one year;



(26) "Foreign", outside the fifty states of the United States and the

District of Columbia;



(27) "Gross combination weight rating" or "GCWR", the value specified

by the manufacturer as the loaded weight of a combination (articulated)

vehicle. In the absence of a value specified by the manufacturer, GCWR

will be determined by adding the GVWR of the power unit and the total

weight of the towed unit and any load thereon;



(28) "Gross vehicle weight rating" or "GVWR", the value specified by

the manufacturer as the loaded weight of a single vehicle;



(29) "Hazardous materials", any material that has been designated as

hazardous under 49 U.S.C. Section 5103 and is required to be placarded

under subpart F of CFR 172 or any quantity of a material listed as a select

agent or toxin in 42 CFR 73. Fertilizers, including but not limited to

ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash,

motor fuel or special fuel, shall not be considered hazardous materials

when transported by a farm vehicle provided all other provisions of this

definition are followed;



(30) "Imminent hazard", the existence of a condition that presents a

substantial likelihood that death, serious illness, severe personal injury,

or a substantial endangerment to health, property, or the environment may

occur before the reasonably foreseeable completion date of a formal

proceeding begins to lessen the risk of that death, illness, injury, or

endangerment;



(31) "Issuance", the initial licensure, license transfers, license

renewals, and license upgrades;



(32) "Manual transmission" (also known as a stick shift, stick,

straight drive or standard transmission), a transmission utilizing a

driver-operated clutch that is activated by a pedal or lever and a

gear-shift mechanism operated either by hand or foot. All other

transmissions, whether semiautomatic or automatic, will be considered

automatic for the purposes of the standardized restriction code;



(33) "Medical examiner", a person who is licensed, certified, or

registered, in accordance with applicable state laws and regulations, to

perform physical examinations. The term includes, but is not limited to,

doctors of medicine, doctors of osteopathy, physician assistants, advanced

practice nurses, and doctors of chiropractic;



(34) "Medical variance", when a driver has received one of the

following that allows the driver to be issued a medical certificate:



(a) An exemption letter permitting operation of a commercial motor

vehicle under 49 CFR 381, Subpart C or 49 CFR 391.64;



(b) A skill performance evaluation certificate permitting operation

of a commercial motor vehicle under 49 CFR 391.49;



(35) "Mobile telephone", a mobile communication device that is

classified as or uses any commercial mobile radio service, as defined in

the regulations of the Federal Communications Commission, 47 CFR 20.3, but

does not include two-way or citizens band radio services;



(36) "Motor vehicle", any self-propelled vehicle not operated

exclusively upon tracks;



(37) "Noncommercial motor vehicle", a motor vehicle or combination of

motor vehicles not defined by the term commercial motor vehicle in this

section;



(38) "Out of service", a temporary prohibition against the operation

of a commercial motor vehicle by a particular driver, or the operation of a

particular commercial motor vehicle, or the operation of a particular motor

carrier;



(39) "Out-of-service order", a declaration by an authorized

enforcement officer of a federal, state, Canadian, Mexican or any local

jurisdiction, that a driver, or a commercial motor vehicle, or a motor

carrier operation, is out of service under 49 CFR 386.72, 392.5, 392.9a,

395.13, or 396.9, or comparable laws, or the North American Standard

Out-of-Service Criteria;



(40) "School bus", a commercial motor vehicle used to transport

preprimary, primary, or secondary school students from home to school, from

school to home, or to and from school-sponsored events. School bus does

not include a bus used as a common carrier as defined by the Secretary;



(41) "Secretary", the Secretary of Transportation of the United

States;



(42) "Serious traffic violation", driving a commercial motor vehicle

in such a manner that the driver receives a conviction for the following

offenses or driving a noncommercial motor vehicle when the driver receives

a conviction for the following offenses and the conviction results in the

suspension or revocation of the driver's license or noncommercial motor

vehicle driving privilege:



(a) Excessive speeding, as defined by the Secretary by regulation;



(b) Careless, reckless or imprudent driving which includes, but shall

not be limited to, any violation of section 304.016, any violation of

section 304.010, or any other violation of federal or state law, or any

county or municipal ordinance while driving a commercial motor vehicle in a

willful or wanton disregard for the safety of persons or property, or

improper or erratic traffic lane changes, or following the vehicle ahead

too closely, but shall not include careless and imprudent driving by

excessive speed;



(c) A violation of any federal or state law or county or municipal

ordinance regulating the operation of motor vehicles arising out of an

accident or collision which resulted in death to any person, other than a

parking violation;



(d) Driving a commercial motor vehicle without obtaining a commercial

driver's license in violation of any federal or state or county or

municipal ordinance;



(e) Driving a commercial motor vehicle without a commercial driver's

license in the driver's possession in violation of any federal or state or

county or municipal ordinance. Any individual who provides proof to the

court which has jurisdiction over the issued citation that the individual

held a valid commercial driver's license on the date that the citation was

issued shall not be guilty of this offense;



(f) Driving a commercial motor vehicle without the proper commercial

driver's license class or endorsement for the specific vehicle group being

operated or for the passengers or type of cargo being transported in

violation of any federal or state law or county or municipal ordinance;



(g) Violating a state or local law or ordinance on motor vehicle

traffic control prohibiting texting while driving a commercial motor

vehicle;



(h) Violating a state or local law or ordinance on motor vehicle

traffic control restricting or prohibiting the use of a hand-held mobile

telephone while driving a commercial motor vehicle; or



(i) Any other violation of a federal or state law or county or

municipal ordinance regulating the operation of motor vehicles, other than

a parking violation, as prescribed by the Secretary by regulation;



(43) "State", a state of the United States, including the District of

Columbia;



(44) "Tank vehicle", any commercial motor vehicle that is designed to

transport any liquid or gaseous materials within a tank or tanks having an

individual rated capacity of more than one hundred nineteen gallons and an

aggregate rated capacity of one thousand gallons or more that is either

permanently or temporarily attached to the vehicle or the chassis. A

commercial motor vehicle transporting an empty storage container tank, not

designed for transportation, with a rated capacity of one thousand gallons

or more, that is temporarily attached to a flatbed trailer is not

considered a tank vehicle;



(45) "Texting", manually entering alphanumeric text into, or reading

text from, an electronic device. This action includes but is not limited

to short message service, emailing, instant messaging, commanding or

requesting access to a website, pressing more than a single button to

initiate or terminate a voice communication using a mobile telephone, or

engaging in any other form of electronic text retrieval or entry, for

present or future communication. Texting does not include:



(a) Inputting, selecting, or reading information on a global

positioning system or navigation system;



(b) Pressing a single button to initiate or terminate a voice

communication using a mobile telephone; or



(c) Using a device capable of performing multiple functions (e.g.,

fleet management systems, dispatching devices, smart phones, citizens band

radios, music players) for a purpose that is not otherwise prohibited in

this part;



(46) "United States", the fifty states and the District of Columbia.



(L. 1989 1st Ex. Sess. H.B. 3, A.L. 1991 H.B. 251, A.L. 1995 H.B. 717,

A.L. 2003 H.B. 371, A.L. 2004 S.B. 1233, et al., A.L. 2009 H.B.

683, A.L. 2012 H.B. 1402 merged with S.B. 470 merged with S.B.

480 merged with S.B. 568, A.L. 2013 H.B. 103, A.L. 2014 S.B. 491)



Effective 1-01-17





2013

2013

2013

2005

2003

1995



2013



302.700. 1. Sections 302.700 to 302.780 may be cited as the "Uniform

Commercial Driver's License Act".



2. When used in sections 302.700 to 302.780, the following words and

phrases mean:



(1) "Alcohol", any substance containing any form of alcohol,

including, but not limited to, ethanol, methanol, propanol and isopropanol;



(2) "Alcohol concentration", the number of grams of alcohol per one

hundred milliliters of blood or the number of grams of alcohol per two

hundred ten liters of breath or the number of grams of alcohol per

sixty-seven milliliters of urine;



(3) "CDL driver", a person holding or required to hold a commercial

driver's license (CDL);



(4) "CDLIS driver record", the electronic record of the individual

commercial driver's status and history stored by the state of record as

part of the Commercial Driver's License Information System (CDLIS)

established under 49 U.S.C. Section 31309, et seq.;



(5) "CDLIS motor vehicle record (CDLIS MVR)", a report generated from

the CDLIS driver record which meets the requirements for access to CDLIS

information and is provided by states to users authorized in 49 CFR 384,

subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C.

Sections 2721 to 2725, et seq.;



(6) "Commercial driver's instruction permit", a commercial learner's

permit issued to an individual by a state or other jurisdiction of domicile

in accordance with the standards contained in 49 CFR 383, which, when

carried with a valid driver's license issued by the same state or

jurisdiction, authorizes the individual to operate a class of commercial

motor vehicle when accompanied by a holder of a valid commercial driver's

license for purposes of behind-the-wheel training. When issued to a

commercial driver's license holder, a commercial learner's permit serves as

authorization for accompanied behind-the-wheel training in a commercial

motor vehicle for which the holder's current commercial driver's license is

not valid;



(7) "Commercial driver's license (CDL)", a license issued by this

state or other jurisdiction of domicile in accordance with 49 CFR 383 which

authorizes the individual to operate a class of commercial motor vehicle;



(8) "Commercial driver's license downgrade", occurs when:



(a) A driver changes the self-certification to interstate, but

operates exclusively in transportation or operation excepted from 49 CFR

391, as provided in 49 CFR 390.3(f), 391.2, 391.68, or 398.3;



(b) A driver changes the self-certification to intrastate only, if

the driver qualifies under the state's physical qualification requirements

for intrastate only;



(c) A driver changes the self-certification to intrastate, but

operating exclusively in transportation or operations excepted from all or

part of the state driver qualification requirements; or



(d) The state removes the commercial driver's license privilege from

the driver's license;



(9) "Commercial driver's license information system (CDLIS)", the

information system established pursuant to the Commercial Motor Vehicle

Safety Act of 1986 (Title XII of Pub. Law 99-570) to serve as a

clearinghouse for locating information related to the licensing and

identification of commercial motor vehicle drivers;



(10) "Commercial motor vehicle", a motor vehicle or combination of

motor vehicles used in commerce to transport passengers or property:



(a) If the vehicle has a gross combination weight rating or gross

combination weight of twenty-six thousand one or more pounds inclusive of a

towed unit which has a gross vehicle weight rating or gross vehicle weight

of more than ten thousand one pounds or more, whichever is greater;



(b) If the vehicle has a gross vehicle weight rating or gross vehicle

weight of twenty-six thousand one or more pounds, whichever is greater;



(c) If the vehicle is designed to transport sixteen or more

passengers, including the driver; or



(d) If the vehicle is transporting hazardous materials and is

required to be placarded under the Hazardous Materials Transportation Act

(46 U.S.C. Section 1801, et seq.);



(11) "Controlled substance", any substance so classified under

Section 102(6) of the Controlled Substances Act (21 U.S.C. Section 802(6)),

and includes all substances listed in schedules I through V of 21 CFR 1308,

as they may be revised from time to time;



(12) "Conviction", an unvacated adjudication of guilt, including

pleas of guilt and nolo contendere, or a determination that a person has

violated or failed to comply with the law in a court of original

jurisdiction or an authorized administrative proceeding, an unvacated

forfeiture of bail or collateral deposited to secure the person's

appearance in court, the payment of a fine or court cost, or violation of a

condition of release without bail, regardless of whether the penalty is

rebated, suspended or prorated, including an offense for failure to appear

or pay;



(13) "Director", the director of revenue or his authorized

representative;



(14) "Disqualification", any of the following three actions:



(a) The suspension, revocation, or cancellation of a commercial

driver's license or commercial driver's instruction permit;



(b) Any withdrawal of a person's privileges to drive a commercial

motor vehicle by a state, Canada, or Mexico as the result of a violation of

federal, state, county, municipal, or local law relating to motor vehicle

traffic control or violations committed through the operation of motor

vehicles, other than parking, vehicle weight, or vehicle defect violations;



(c) A determination by the Federal Motor Carrier Safety

Administration that a person is not qualified to operate a commercial motor

vehicle under 49 CFR 383.52 or 391;



(15) "Drive", to drive, operate or be in physical control of a

commercial motor vehicle;



(16) "Driver", any person who drives, operates, or is in physical

control of a motor vehicle, or who is required to hold a commercial

driver's license;



(17) "Driver applicant", an individual who applies to obtain,

transfer, upgrade, or renew a commercial driver's license or commercial

driver's instruction permit in this state;



(18) "Driving under the influence of alcohol", the commission of any

one or more of the following acts:



(a) Driving a commercial motor vehicle with the alcohol concentration

of four one-hundredths of a percent or more as prescribed by the Secretary

or such other alcohol concentration as may be later determined by the

Secretary by regulation;



(b) Driving a commercial or noncommercial motor vehicle while

intoxicated in violation of any federal or state law, or in violation of a

county or municipal ordinance;



(c) Driving a commercial or noncommercial motor vehicle with

excessive blood alcohol content in violation of any federal or state law,

or in violation of a county or municipal ordinance;



(d) Refusing to submit to a chemical test in violation of section

577.041, section 302.750, any federal or state law, or a county or

municipal ordinance; or



(e) Having any state, county or municipal alcohol-related enforcement

contact, as defined in subsection 3 of section 302.525; provided that any

suspension or revocation pursuant to section 302.505, committed in a

noncommercial motor vehicle by an individual twenty-one years of age or

older shall have been committed by the person with an alcohol concentration

of at least eight-hundredths of one percent or more, or in the case of an

individual who is less than twenty-one years of age, shall have been

committed by the person with an alcohol concentration of at least

two-hundredths of one percent or more, and if committed in a commercial

motor vehicle, a concentration of four-hundredths of one percent or more;



(19) "Driving under the influence of a controlled substance", the

commission of any one or more of the following acts in a commercial or

noncommercial motor vehicle:



(a) Driving a commercial or noncommercial motor vehicle while under

the influence of any substance so classified under Section 102(6) of the

Controlled Substances Act (21 U.S.C. Section 802(6)), including any

substance listed in schedules I through V of 21 CFR 1308, as they may be

revised from time to time;



(b) Driving a commercial or noncommercial motor vehicle while in a

drugged condition in violation of any federal or state law or in violation

of a county or municipal ordinance; or



(c) Refusing to submit to a chemical test in violation of section

577.041, section 302.750, any federal or state law, or a county or

municipal ordinance;



(20) "Electronic device", includes but is not limited to a cellular

telephone, personal digital assistant, pager, computer, or any other device

used to input, write, send, receive, or read text;



(21) "Employer", any person, including the United States, a state, or

a political subdivision of a state, who owns or leases a commercial motor

vehicle or assigns a driver to operate such a vehicle;



(22) "Endorsement", an authorization on an individual's commercial

driver's license or commercial learner's permit required to permit the

individual to operate certain types of commercial motor vehicles;



(23) "Farm vehicle", a commercial motor vehicle controlled and

operated by a farmer used exclusively for the transportation of

agricultural products, farm machinery, farm supplies, or a combination of

these, within one hundred fifty miles of the farm, other than one which

requires placarding for hazardous materials as defined in this section, or

used in the operation of a common or contract motor carrier, except that a

farm vehicle shall not be a commercial motor vehicle when the total

combined gross weight rating does not exceed twenty-six thousand one pounds

when transporting fertilizers as defined in subdivision (29) of this

subsection;



(24) "Fatality", the death of a person as a result of a motor vehicle

accident;



(25) "Felony", any offense under state or federal law that is

punishable by death or imprisonment for a term exceeding one year;



(26) "Foreign", outside the fifty states of the United States and the

District of Columbia;



(27) "Gross combination weight rating" or "GCWR", the value specified

by the manufacturer as the loaded weight of a combination (articulated)

vehicle. In the absence of a value specified by the manufacturer, GCWR

will be determined by adding the GVWR of the power unit and the total

weight of the towed unit and any load thereon;



(28) "Gross vehicle weight rating" or "GVWR", the value specified by

the manufacturer as the loaded weight of a single vehicle;



(29) "Hazardous materials", any material that has been designated as

hazardous under 49 U.S.C. Section 5103 and is required to be placarded

under subpart F of CFR 172 or any quantity of a material listed as a select

agent or toxin in 42 CFR 73. Fertilizers, including but not limited to

ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash,

motor fuel or special fuel, shall not be considered hazardous materials

when transported by a farm vehicle provided all other provisions of this

definition are followed;



(30) "Imminent hazard", the existence of a condition that presents a

substantial likelihood that death, serious illness, severe personal injury,

or a substantial endangerment to health, property, or the environment may

occur before the reasonably foreseeable completion date of a formal

proceeding begins to lessen the risk of that death, illness, injury, or

endangerment;



(31) "Issuance", the initial licensure, license transfers, license

renewals, and license upgrades;



(32) "Manual transmission" (also known as a stick shift, stick,

straight drive or standard transmission), a transmission utilizing a

driver-operated clutch that is activated by a pedal or lever and a

gear-shift mechanism operated either by hand or foot. All other

transmissions, whether semiautomatic or automatic, will be considered

automatic for the purposes of the standardized restriction code;



(33) "Medical examiner", a person who is licensed, certified, or

registered, in accordance with applicable state laws and regulations, to

perform physical examinations. The term includes, but is not limited to,

doctors of medicine, doctors of osteopathy, physician assistants, advanced

practice nurses, and doctors of chiropractic;



(34) "Medical variance", when a driver has received one of the

following that allows the driver to be issued a medical certificate:



(a) An exemption letter permitting operation of a commercial motor

vehicle under 49 CFR 381, Subpart C or 49 CFR 391.64;



(b) A skill performance evaluation certificate permitting operation

of a commercial motor vehicle under 49 CFR 391.49;



(35) "Mobile telephone", a mobile communication device that is

classified as or uses any commercial mobile radio service, as defined in

the regulations of the Federal Communications Commission, 47 CFR 20.3, but

does not include two-way or citizens band radio services;



(36) "Motor vehicle", any self-propelled vehicle not operated

exclusively upon tracks;



(37) "Noncommercial motor vehicle", a motor vehicle or combination of

motor vehicles not defined by the term commercial motor vehicle in this

section;



(38) "Out of service", a temporary prohibition against the operation

of a commercial motor vehicle by a particular driver, or the operation of a

particular commercial motor vehicle, or the operation of a particular motor

carrier;



(39) "Out-of-service order", a declaration by an authorized

enforcement officer of a federal, state, Canadian, Mexican or any local

jurisdiction, that a driver, or a commercial motor vehicle, or a motor

carrier operation, is out of service under 49 CFR 386.72, 392.5, 392.9a,

395.13, or 396.9, or comparable laws, or the North American Standard

Out-of-Service Criteria;



(40) "School bus", a commercial motor vehicle used to transport

preprimary, primary, or secondary school students from home to school, from

school to home, or to and from school-sponsored events. School bus does

not include a bus used as a common carrier as defined by the Secretary;



(41) "Secretary", the Secretary of Transportation of the United

States;



(42) "Serious traffic violation", driving a commercial motor vehicle

in such a manner that the driver receives a conviction for the following

offenses or driving a noncommercial motor vehicle when the driver receives

a conviction for the following offenses and the conviction results in the

suspension or revocation of the driver's license or noncommercial motor

vehicle driving privilege:



(a) Excessive speeding, as defined by the Secretary by regulation;



(b) Careless, reckless or imprudent driving which includes, but shall

not be limited to, any violation of section 304.016, any violation of

section 304.010, or any other violation of federal or state law, or any

county or municipal ordinance while driving a commercial motor vehicle in a

willful or wanton disregard for the safety of persons or property, or

improper or erratic traffic lane changes, or following the vehicle ahead

too closely, but shall not include careless and imprudent driving by

excessive speed;



(c) A violation of any federal or state law or county or municipal

ordinance regulating the operation of motor vehicles arising out of an

accident or collision which resulted in death to any person, other than a

parking violation;



(d) Driving a commercial motor vehicle without obtaining a commercial

driver's license in violation of any federal or state or county or

municipal ordinance;



(e) Driving a commercial motor vehicle without a commercial driver's

license in the driver's possession in violation of any federal or state or

county or municipal ordinance. Any individual who provides proof to the

court which has jurisdiction over the issued citation that the individual

held a valid commercial driver's license on the date that the citation was

issued shall not be guilty of this offense;



(f) Driving a commercial motor vehicle without the proper commercial

driver's license class or endorsement for the specific vehicle group being

operated or for the passengers or type of cargo being transported in

violation of any federal or state law or county or municipal ordinance;



(g) Violating a state or local law or ordinance on motor vehicle

traffic control prohibiting texting while driving a commercial motor

vehicle;



(h) Violating a state or local law or ordinance on motor vehicle

traffic control restricting or prohibiting the use of a hand-held mobile

telephone while driving a commercial motor vehicle; or



(i) Any other violation of a federal or state law or county or

municipal ordinance regulating the operation of motor vehicles, other than

a parking violation, as prescribed by the Secretary by regulation;



(43) "State", a state of the United States, including the District of

Columbia;



(44) "Tank vehicle", any commercial motor vehicle that is designed to

transport any liquid or gaseous materials within a tank or tanks having an

individual rated capacity of more than one hundred nineteen gallons and an

aggregate rated capacity of one thousand gallons or more that is either

permanently or temporarily attached to the vehicle or the chassis. A

commercial motor vehicle transporting an empty storage container tank, not

designed for transportation, with a rated capacity of one thousand gallons

or more, that is temporarily attached to a flatbed trailer is not

considered a tank vehicle;



(45) "Texting", manually entering alphanumeric text into, or reading

text from, an electronic device. This action includes but is not limited

to short message service, emailing, instant messaging, commanding or

requesting access to a website, pressing more than a single button to

initiate or terminate a voice communication using a mobile telephone, or

engaging in any other form of electronic text retrieval or entry, for

present or future communication. Texting does not include:



(a) Inputting, selecting, or reading information on a global

positioning system or navigation system;



(b) Pressing a single button to initiate or terminate a voice

communication using a mobile telephone; or



(c) Using a device capable of performing multiple functions (e.g.,

fleet management systems, dispatching devices, smart phones, citizens band

radios, music players) for a purpose that is not otherwise prohibited in

this part;



(46) "United States", the fifty states and the District of Columbia.



2013



302.700. 1. Sections 302.700 to 302.780 may be cited as the "Uniform

Commercial Driver's License Act".



2. When used in sections 302.700 to 302.780, the following words and

phrases mean:



(1) "Alcohol", any substance containing any form of alcohol,

including, but not limited to, ethanol, methanol, propanol and isopropanol;



(2) "Alcohol concentration", the number of grams of alcohol per one

hundred milliliters of blood or the number of grams of alcohol per two

hundred ten liters of breath or the number of grams of alcohol per

sixty-seven milliliters of urine;



(3) "CDLIS driver record", the electronic record of the individual

commercial driver's status and history stored by the state of record as

part of the Commercial Driver's License Information System (CDLIS)

established under 49 U.S.C. Section 31309, et seq.;



(4) "CDLIS motor vehicle record (CDLIS MVR)", a report generated from

the CDLIS driver record which meets the requirements for access to CDLIS

information and is provided by states to users authorized in 49 CFR Part

384, subject to the provisions of the Driver Privacy Protection Act, 18

U.S.C. Sections 2721 to 2725, et seq.;



(5) "Commercial driver's instruction permit", a permit issued

pursuant to section 302.720;



(6) "Commercial driver's license", a license issued by this state to

an individual which authorizes the individual to operate a commercial motor

vehicle;



(7) "Commercial driver's license downgrade", occurs when:



(a) A driver changes the self-certification to interstate, but

operates exclusively in transportation or operation excepted from 49 CFR

Part 391, as provided in 49 CFR Part 390.3(f), 391.2, 391.68, or 398.3;



(b) A driver changes the self-certification to intrastate only, if

the driver qualifies under the state's physical qualification requirements

for intrastate only;



(c) A driver changes the self-certification to intrastate, but

operating exclusively in transportation or operations excepted from all or

part of the state driver qualification requirements; or



(d) The state removes the commercial driver's license privilege from

the driver's license;



(8) "Commercial driver's license information system (CDLIS)", the

information system established pursuant to the Commercial Motor Vehicle

Safety Act of 1986 (Title XII of Pub. Law 99-570) to serve as a

clearinghouse for locating information related to the licensing and

identification of commercial motor vehicle drivers;



(9) "Commercial motor vehicle", a motor vehicle designed or used to

transport passengers or property:



(a) If the vehicle has a gross combination weight rating of

twenty-six thousand one or more pounds inclusive of a towed unit which has

a gross vehicle weight rating of ten thousand one pounds or more;



(b) If the vehicle has a gross vehicle weight rating of twenty-six

thousand one or more pounds or such lesser rating as determined by federal

regulation;



(c) If the vehicle is designed to transport sixteen or more

passengers, including the driver; or



(d) If the vehicle is transporting hazardous materials and is

required to be placarded under the Hazardous Materials Transportation Act

(46 U.S.C. 1801, et seq.);



(10) "Controlled substance", any substance so classified under

Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and

includes all substances listed in schedules I through V of 21 CFR Part

1308, as they may be revised from time to time;



(11) "Conviction", an unvacated adjudication of guilt, including

pleas of guilt and nolo contendere**, or a determination that a person has

violated or failed to comply with the law in a court of original

jurisdiction or an authorized administrative proceeding, an unvacated

forfeiture of bail or collateral deposited to secure the person's

appearance in court, the payment of a fine or court cost, or violation of a

condition of release without bail, regardless of whether the penalty is

rebated, suspended or prorated, including an offense for failure to appear

or pay;



(12) "Director", the director of revenue or his authorized

representative;



(13) "Disqualification", any of the following three actions:



(a) The suspension, revocation, or cancellation of a commercial

driver's license;



(b) Any withdrawal of a person's privileges to drive a commercial

motor vehicle by a state, Canada, or Mexico as the result of a violation of

federal, state, county, municipal, or local law relating to motor vehicle

traffic control or violations committed through the operation of motor

vehicles, other than parking, vehicle weight, or vehicle defect violations;



(c) A determination by the Federal Motor Carrier Safety

Administration that a person is not qualified to operate a commercial motor

vehicle under 49 CFR Part 383.52 or Part 391;



(14) "Drive", to drive, operate or be in physical control of a

commercial motor vehicle;



(15) "Driver", any person who drives, operates, or is in physical

control of a motor vehicle, or who is required to hold a commercial

driver's license;



(16) "Driver applicant", an individual who applies to obtain,

transfer, upgrade, or renew a commercial driver's license in this state;



(17) "Driving under the influence of alcohol", the commission of any

one or more of the following acts:



(a) Driving a commercial motor vehicle with the alcohol concentration

of four one-hundredths of a percent or more as prescribed by the secretary

or such other alcohol concentration as may be later determined by the

secretary by regulation;



(b) Driving a commercial or noncommercial motor vehicle while

intoxicated in violation of any federal or state law, or in violation of a

county or municipal ordinance;



(c) Driving a commercial or noncommercial motor vehicle with

excessive blood alcohol content in violation of any federal or state law,

or in violation of a county or municipal ordinance;



(d) Refusing to submit to a chemical test in violation of section

577.041, section 302.750, any federal or state law, or a county or

municipal ordinance; or



(e) Having any state, county or municipal alcohol-related enforcement

contact, as defined in subsection 3 of section 302.525; provided that any

suspension or revocation pursuant to section 302.505, committed in a

noncommercial motor vehicle by an individual twenty-one years of age or

older shall have been committed by the person with an alcohol concentration

of at least eight-hundredths of one percent or more, or in the case of an

individual who is less than twenty-one years of age, shall have been

committed by the person with an alcohol concentration of at least

two-hundredths of one percent or more, and if committed in a commercial

motor vehicle, a concentration of four-hundredths of one percent or more;



(18) "Driving under the influence of a controlled substance", the

commission of any one or more of the following acts in a commercial or

noncommercial motor vehicle:



(a) Driving a commercial or noncommercial motor vehicle while under

the influence of any substance so classified under Section 102(6) of the

Controlled Substances Act (21 U.S.C. 802(6)), including any substance

listed in schedules I through V of 21 CFR Part 1308, as they may be revised

from time to time;



(b) Driving a commercial or noncommercial motor vehicle while in a

drugged condition in violation of any federal or state law or in violation

of a county or municipal ordinance; or



(c) Refusing to submit to a chemical test in violation of section

577.041, section 302.750, any federal or state law, or a county or

municipal ordinance;



(19) "Employer", any person, including the United States, a state, or

a political subdivision of a state, who owns or leases a commercial motor

vehicle or assigns a driver to operate such a vehicle;



(20) "Endorsement", an authorization on an individual's commercial

driver's license permitting the individual to operate certain types of

commercial motor vehicles;



(21) "Farm vehicle", a commercial motor vehicle controlled and

operated by a farmer used exclusively for the transportation of

agricultural products, farm machinery, farm supplies, or a combination of

these, within one hundred fifty miles of the farm, other than one which

requires placarding for hazardous materials as defined in this section, or

used in the operation of a common or contract motor carrier, except that a

farm vehicle shall not be a commercial motor vehicle when the total

combined gross weight rating does not exceed twenty-six thousand one pounds

when transporting fertilizers as defined in subdivision (27) of this

subsection;



(22) "Fatality", the death of a person as a result of a motor vehicle

accident;



(23) "Felony", any offense under state or federal law that is

punishable by death or imprisonment for a term exceeding one year;



(24) "Foreign", outside the fifty states of the United States and the

District of Columbia;



(25) "Gross combination weight rating" or "GCWR", the value specified

by the manufacturer as the loaded weight of a combination (articulated)

vehicle. In the absence of a value specified by the manufacturer, GCWR

will be determined by adding the GVWR of the power unit and the total

weight of the towed unit and any load thereon;



(26) "Gross vehicle weight rating" or "GVWR", the value specified by

the manufacturer as the loaded weight of a single vehicle;



(27) "Hazardous materials", any material that has been designated as

hazardous under 49 U.S.C. 5103 and is required to be placarded under

subpart F of CFR Part 172 or any quantity of a material listed as a select

agent or toxin in 42 CFR Part 73. Fertilizers, including but not limited

to ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash,

motor fuel or special fuel, shall not be considered hazardous materials

when transported by a farm vehicle provided all other provisions of this

definition are followed;



(28) "Imminent hazard", the existence of a condition that presents a

substantial likelihood that death, serious illness, severe personal injury,

or a substantial endangerment to health, property, or the environment may

occur before the reasonably foreseeable completion date of a formal

proceeding begins to lessen the risk of that death, illness, injury, or

endangerment;



(29) "Issuance", the initial licensure, license transfers, license

renewals, and license upgrades;



(30) "Medical examiner", a person who is licensed, certified, or

registered, in accordance with applicable state laws and regulations, to

perform physical examinations. The term includes, but is not limited to,

doctors of medicine, doctors of osteopathy, physician assistants, advanced

practice nurses, and doctors of chiropractic;



(31) "Medical variance", when a driver has received one of the

following that allows the driver to be issued a medical certificate:



(a) An exemption letter permitting operation of a commercial motor

vehicle under 49 CFR Part 381, Subpart C or 49 CFR Part 391.64;



(b) A skill performance evaluation certificate permitting operation

of a commercial motor vehicle under 49 CFR Part 391.49;



(32) "Motor vehicle", any self-propelled vehicle not operated

exclusively upon tracks;



(33) "Noncommercial motor vehicle", a motor vehicle or combination of

motor vehicles not defined by the term "commercial motor vehicle" in this

section;



(34) "Out of service", a temporary prohibition against the operation

of a commercial motor vehicle by a particular driver, or the operation of a

particular commercial motor vehicle, or the operation of a particular motor

carrier;



(35) "Out-of-service order", a declaration by an authorized

enforcement officer of a federal, state, Canadian, Mexican or any local

jurisdiction, that a driver, or a commercial motor vehicle, or a motor

carrier operation, is out of service under 49 CFR Part 386.72, 392.5,

392.9a, 395.13, or 396.9, or comparable laws, or the North American

Standard Out-of-Service Criteria;



(36) "School bus", a commercial motor vehicle used to transport

preprimary, primary, or secondary school students from home to school, from

school to home, or to and from school-sponsored events. School bus does

not include a bus used as a common carrier as defined by the Secretary;



(37) "Secretary", the Secretary of Transportation of the United

States;



(38) "Serious traffic violation", driving a commercial motor vehicle

in such a manner that the driver receives a conviction for the following

offenses or driving a noncommercial motor vehicle when the driver receives

a conviction for the following offenses and the conviction results in the

suspension or revocation of the driver's license or noncommercial motor

vehicle driving privilege:



(a) Excessive speeding, as defined by the Secretary by regulation;



(b) Careless, reckless or imprudent driving which includes, but shall

not be limited to, any violation of section 304.016, any violation of

section 304.010, or any other violation of federal or state law, or any

county or municipal ordinance while driving a commercial motor vehicle in a

willful or wanton disregard for the safety of persons or property, or

improper or erratic traffic lane changes, or following the vehicle ahead

too closely, but shall not include careless and imprudent driving by

excessive speed;



(c) A violation of any federal or state law or county or municipal

ordinance regulating the operation of motor vehicles arising out of an

accident or collision which resulted in death to any person, other than a

parking violation;



(d) Driving a commercial motor vehicle without obtaining a commercial

driver's license in violation of any federal or state or county or

municipal ordinance;



(e) Driving a commercial motor vehicle without a commercial driver's

license in the driver's possession in violation of any federal or state or

county or municipal ordinance. Any individual who provides proof to the

court which has jurisdiction over the issued citation that the individual

held a valid commercial driver's license on the date that the citation was

issued shall not be guilty of this offense;



(f) Driving a commercial motor vehicle without the proper commercial

driver's license class or endorsement for the specific vehicle group being

operated or for the passengers or type of cargo being transported in

violation of any federal or state law or county or municipal ordinance; or



(g) Any other violation of a federal or state law or county or

municipal ordinance regulating the operation of motor vehicles, other than

a parking violation, as prescribed by the secretary by regulation;



(39) "State", a state of the United States;



(40) "United States", the fifty states and the District of Columbia.



2013



302.700. 1. Sections 302.700 to 302.780 may be cited as the "Uniform

Commercial Driver's License Act".



2. When used in sections 302.700 to 302.780, the following words and

phrases mean:



(1) "Alcohol", any substance containing any form of alcohol,

including, but not limited to, ethanol, methanol, propanol and isopropanol;



(2) "Alcohol concentration", the number of grams of alcohol per one

hundred milliliters of blood or the number of grams of alcohol per two

hundred ten liters of breath or the number of grams of alcohol per

sixty-seven milliliters of urine;



(3) "CDLIS driver record", the electronic record of the individual

commercial driver's status and history stored by the state of record as

part of the Commercial Driver's License Information System (CDLIS)

established under 49 U.S.C. Section 31309, et seq.;



(4) "CDLIS motor vehicle record (CDLIS MVR)", a report generated from

the CDLIS driver record which meets the requirements for access to CDLIS

information and is provided by states to users authorized in 49 CFR Part

384, subject to the provisions of the Driver Privacy Protection Act, 18

U.S.C. Sections 2721 to 2725, et seq.;



(5) "Commercial driver's instruction permit", a permit issued

pursuant to section 302.720;



(6) "Commercial driver's license", a license issued by this state to

an individual which authorizes the individual to operate a commercial motor

vehicle;



(7) "Commercial driver's license downgrade", occurs when:



(a) A driver changes the self-certification to interstate, but

operates exclusively in transportation or operation excepted from 49 CFR

Part 391, as provided in 49 CFR Part 390.3(f), 391.2, 391.68, or 398.3;



(b) A driver changes the self-certification to intrastate only, if

the driver qualifies under the state's physical qualification requirements

for intrastate only;



(c) A driver changes the self-certification to intrastate, but

operating exclusively in transportation or operations excepted from all or

part of the state driver qualification requirements; or



(d) The state removes the commercial driver's license privilege from

the driver's license;



(8) "Commercial driver's license information system (CDLIS)", the

information system established pursuant to the Commercial Motor Vehicle

Safety Act of 1986 (Title XII of Pub. Law 99-570) to serve as a

clearinghouse for locating information related to the licensing and

identification of commercial motor vehicle drivers;



(9) "Commercial motor vehicle", a motor vehicle designed or used to

transport passengers or property:



(a) If the vehicle has a gross combination weight rating of

twenty-six thousand one or more pounds inclusive of a towed unit which has

a gross vehicle weight rating of ten thousand one pounds or more;



(b) If the vehicle has a gross vehicle weight rating of twenty-six

thousand one or more pounds or such lesser rating as determined by federal

regulation;



(c) If the vehicle is designed to transport sixteen or more

passengers, including the driver; or



(d) If the vehicle is transporting hazardous materials and is

required to be placarded under the Hazardous Materials Transportation Act

(46 U.S.C. 1801, et seq.);



(10) "Controlled substance", any substance so classified under

Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and

includes all substances listed in schedules I through V of 21 CFR Part

1308, as they may be revised from time to time;



(11) "Conviction", an unvacated adjudication of guilt, including

pleas of guilt and nolo contendere**, or a determination that a person has

violated or failed to comply with the law in a court of original

jurisdiction or an authorized administrative proceeding, an unvacated

forfeiture of bail or collateral deposited to secure the person's

appearance in court, the payment of a fine or court cost, or violation of a

condition of release without bail, regardless of whether the penalty is

rebated, suspended or prorated, including an offense for failure to appear

or pay;



(12) "Director", the director of revenue or his authorized

representative;



(13) "Disqualification", any of the following three actions:



(a) The suspension, revocation, or cancellation of a commercial

driver's license;



(b) Any withdrawal of a person's privileges to drive a commercial

motor vehicle by a state, Canada, or Mexico as the result of a violation of

federal, state, county, municipal, or local law relating to motor vehicle

traffic control or violations committed through the operation of motor

vehicles, other than parking, vehicle weight, or vehicle defect violations;



(c) A determination by the Federal Motor Carrier Safety

Administration that a person is not qualified to operate a commercial motor

vehicle under 49 CFR Part 383.52 or Part 391;



(14) "Drive", to drive, operate or be in physical control of a

commercial motor vehicle;



(15) "Driver", any person who drives, operates, or is in physical

control of a motor vehicle, or who is required to hold a commercial

driver's license;



(16) "Driver applicant", an individual who applies to obtain,

transfer, upgrade, or renew a commercial driver's license in this state;



(17) "Driving under the influence of alcohol", the commission of any

one or more of the following acts:



(a) Driving a commercial motor vehicle with the alcohol concentration

of four one-hundredths of a percent or more as prescribed by the secretary

or such other alcohol concentration as may be later determined by the

secretary by regulation;



(b) Driving a commercial or noncommercial motor vehicle while

intoxicated in violation of any federal or state law, or in violation of a

county or municipal ordinance;



(c) Driving a commercial or noncommercial motor vehicle with

excessive blood alcohol content in violation of any federal or state law,

or in violation of a county or municipal ordinance;



(d) Refusing to submit to a chemical test in violation of section

577.041, section 302.750, any federal or state law, or a county or

municipal ordinance; or



(e) Having any state, county or municipal alcohol-related enforcement

contact, as defined in subsection 3 of section 302.525; provided that any

suspension or revocation pursuant to section 302.505, committed in a

noncommercial motor vehicle by an individual twenty-one years of age or

older shall have been committed by the person with an alcohol concentration

of at least eight-hundredths of one percent or more, or in the case of an

individual who is less than twenty-one years of age, shall have been

committed by the person with an alcohol concentration of at least

two-hundredths of one percent or more, and if committed in a commercial

motor vehicle, a concentration of four-hundredths of one percent or more;



(18) "Driving under the influence of a controlled substance", the

commission of any one or more of the following acts in a commercial or

noncommercial motor vehicle:



(a) Driving a commercial or noncommercial motor vehicle while under

the influence of any substance so classified under Section 102(6) of the

Controlled Substances Act (21 U.S.C. 802(6)), including any substance

listed in schedules I through V of 21 CFR Part 1308, as they may be revised

from time to time;



(b) Driving a commercial or noncommercial motor vehicle while in a

drugged condition in violation of any federal or state law or in violation

of a county or municipal ordinance; or



(c) Refusing to submit to a chemical test in violation of section

577.041, section 302.750, any federal or state law, or a county or

municipal ordinance;



(19) "Employer", any person, including the United States, a state, or

a political subdivision of a state, who owns or leases a commercial motor

vehicle or assigns a driver to operate such a vehicle;



(20) "Endorsement", an authorization on an individual's commercial

driver's license permitting the individual to operate certain types of

commercial motor vehicles;



(21) "Farm vehicle", a commercial motor vehicle controlled and

operated by a farmer used exclusively for the transportation of

agricultural products, farm machinery, farm supplies, or a combination of

these, within one hundred fifty miles of the farm, other than one which

requires placarding for hazardous materials as defined in this section, or

used in the operation of a common or contract motor carrier, except that a

farm vehicle shall not be a commercial motor vehicle when the total

combined gross weight rating does not exceed twenty-six thousand one pounds

when transporting fertilizers as defined in subdivision (27) of this

subsection;



(22) "Fatality", the death of a person as a result of a motor vehicle

accident;



(23) "Felony", any offense under state or federal law that is

punishable by death or imprisonment for a term exceeding one year;



(24) "Foreign", outside the fifty states of the United States and the

District of Columbia;



(25) "Gross combination weight rating" or "GCWR", the value specified

by the manufacturer as the loaded weight of a combination (articulated)

vehicle. In the absence of a value specified by the manufacturer, GCWR

will be determined by adding the GVWR of the power unit and the total

weight of the towed unit and any load thereon;



(26) "Gross vehicle weight rating" or "GVWR", the value specified by

the manufacturer as the loaded weight of a single vehicle;



(27) "Hazardous materials", any material that has been designated as

hazardous under 49 U.S.C. 5103 and is required to be placarded under

subpart F of CFR Part 172 or any quantity of a material listed as a select

agent or toxin in 42 CFR Part 73. Fertilizers, including but not limited

to ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash,

motor fuel or special fuel, shall not be considered hazardous materials

when transported by a farm vehicle provided all other provisions of this

definition are followed;



(28) "Imminent hazard", the existence of a condition that presents a

substantial likelihood that death, serious illness, severe personal injury,

or a substantial endangerment to health, property, or the environment may

occur before the reasonably foreseeable completion date of a formal

proceeding begins to lessen the risk of that death, illness, injury, or

endangerment;



(29) "Issuance", the initial licensure, license transfers, license

renewals, and license upgrades;



(30) "Medical examiner", a person who is licensed, certified, or

registered, in accordance with applicable state laws and regulations, to

perform physical examinations. The term includes, but is not limited to,

doctors of medicine, doctors of osteopathy, physician assistants, advanced

practice nurses, and doctors of chiropractic;



(31) "Medical variance", when a driver has received one of the

following that allows the driver to be issued a medical certificate:



(a) An exemption letter permitting operation of a commercial motor

vehicle under 49 CFR Part 381, Subpart C or 49 CFR Part 391.64;



(b) A skill performance evaluation certificate permitting operation

of a commercial motor vehicle under 49 CFR Part 391.49;



(32) "Motor vehicle", any self-propelled vehicle not operated

exclusively upon tracks;



(33) "Noncommercial motor vehicle", a motor vehicle or combination of

motor vehicles not defined by the term "commercial motor vehicle" in this

section;



(34) "Out of service", a temporary prohibition against the operation

of a commercial motor vehicle by a particular driver, or the operation of a

particular commercial motor vehicle, or the operation of a particular motor

carrier;



(35) "Out-of-service order", a declaration by an authorized

enforcement officer of a federal, state, Canadian, Mexican or any local

jurisdiction, that a driver, or a commercial motor vehicle, or a motor

carrier operation, is out of service under 49 CFR Part 386.72, 392.5,

392.9a, 395.13, or 396.9, or comparable laws, or the North American

Standard Out-of-Service Criteria;



(36) "School bus", a commercial motor vehicle used to transport

preprimary, primary, or secondary school students from home to school, from

school to home, or to and from school-sponsored events. School bus does

not include a bus used as a common carrier as defined by the Secretary;



(37) "Secretary", the Secretary of Transportation of the United

States;



(38) "Serious traffic violation", driving a commercial motor vehicle

in such a manner that the driver receives a conviction for the following

offenses or driving a noncommercial motor vehicle when the driver receives

a conviction for the following offenses and the conviction results in the

suspension or revocation of the driver's license or noncommercial motor

vehicle driving privilege:



(a) Excessive speeding, as defined by the Secretary by regulation;



(b) Careless, reckless or imprudent driving which includes, but shall

not be limited to, any violation of section 304.016, any violation of

section 304.010, or any other violation of federal or state law, or any

county or municipal ordinance while driving a commercial motor vehicle in a

willful or wanton disregard for the safety of persons or property, or

improper or erratic traffic lane changes, or following the vehicle ahead

too closely, but shall not include careless and imprudent driving by

excessive speed;



(c) A violation of any federal or state law or county or municipal

ordinance regulating the operation of motor vehicles arising out of an

accident or collision which resulted in death to any person, other than a

parking violation;



(d) Driving a commercial motor vehicle without obtaining a commercial

driver's license in violation of any federal or state or county or

municipal ordinance;



(e) Driving a commercial motor vehicle without a commercial driver's

license in the driver's possession in violation of any federal or state or

county or municipal ordinance. Any individual who provides proof to the

court which has jurisdiction over the issued citation that the individual

held a valid commercial driver's license on the date that the citation was

issued shall not be guilty of this offense;



(f) Driving a commercial motor vehicle without the proper commercial

driver's license class or endorsement for the specific vehicle group being

operated or for the passengers or type of cargo being transported in

violation of any federal or state law or county or municipal ordinance; or



(g) Any other violation of a federal or state law or county or

municipal ordinance regulating the operation of motor vehicles, other than

a parking violation, as prescribed by the secretary by regulation;



(39) "State", a state of the United States;



(40) "United States", the fifty states and the District of Columbia.



2005



302.700. 1. Sections 302.700 to 302.780 may be cited as the "Uniform

Commercial Driver's License Act".



2. When used in sections 302.700 to 302.780, the following words and

phrases mean:



(1) "Alcohol", any substance containing any form of alcohol, including,

but not limited to, ethanol, methanol, propanol and isopropanol;



(2) "Alcohol concentration", the number of grams of alcohol per one

hundred milliliters of blood or the number of grams of alcohol per two hundred

ten liters of breath or the number of grams of alcohol per sixty-seven

milliliters of urine;



(3) "Commercial driver's instruction permit", a permit issued pursuant

to section 302.720;



(4) "Commercial driver's license", a license issued by this state to an

individual which authorizes the individual to operate a commercial motor

vehicle;



(5) "Commercial driver's license information system", the information

system established pursuant to the Commercial Motor Vehicle Safety Act of 1986

(Title XII of Pub. Law 99-570) to serve as a clearinghouse for locating

information related to the licensing and identification of commercial motor

vehicle drivers;



(6) "Commercial motor vehicle", a motor vehicle designed or used to

transport passengers or property:



(a) If the vehicle has a gross combination weight rating of twenty-six

thousand one or more pounds inclusive of a towed unit which has a gross

vehicle weight rating of ten thousand one pounds or more;



(b) If the vehicle has a gross vehicle weight rating of twenty-six

thousand one or more pounds or such lesser rating as determined by federal

regulation;



(c) If the vehicle is designed to transport sixteen or more passengers,

including the driver; or



(d) If the vehicle is transporting hazardous materials and is required

to be placarded under the Hazardous Materials Transportation Act (46 U.S.C.

1801 et seq.);



(7) "Controlled substance", any substance so classified under Section

102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and includes all

substances listed in schedules I through V of 21 CFR part 1308, as they may be

revised from time to time;



(8) "Conviction", an unvacated adjudication of guilt, including pleas of

guilt and nolo contendre, or a determination that a person has violated or

failed to comply with the law in a court of original jurisdiction or an

authorized administrative proceeding, an unvacated forfeiture of bail or

collateral deposited to secure the person's appearance in court, the payment

of a fine or court cost, or violation of a condition of release without bail,

regardless of whether the penalty is rebated, suspended or prorated;



(9) "Director", the director of revenue or his authorized

representative;



(10) "Disqualification", * any of the following three actions:



(a) The suspension, revocation, or cancellation of a commercial driver's

license;



(b) Any withdrawal of a person's privileges to drive a commercial motor

vehicle by a state as the result of a violation of federal, state, county,

municipal, or local law relating to motor vehicle traffic control or

violations committed through the operation of motor vehicles, other than

parking, vehicle weight, or vehicle defect violations;



(c) A determination by the Federal Motor Carrier Safety Administration

that a person is not qualified to operate a commercial motor vehicle under 49

CFR Part 383.52 or Part 391;



(11) "Drive", to drive, operate or be in physical control of a

commercial motor vehicle;



(12) "Driver", any person who drives, operates, or is in physical

control of a motor vehicle, or who is required to hold a commercial driver's

license;



(13) "Driving under the influence of alcohol", the commission of any one

or more of the following acts:



(a) Driving a commercial motor vehicle with the alcohol concentration of

four one-hundredths of a percent or more as prescribed by the secretary or

such other alcohol concentration as may be later determined by the secretary

by regulation;



(b) Driving a commercial or noncommercial motor vehicle while

intoxicated in violation of any federal or state law, or in violation of a

county or municipal ordinance;



(c) Driving a commercial or noncommercial motor vehicle with excessive

blood alcohol content in violation of any federal or state law, or in

violation of a county or municipal ordinance;



(d) Refusing to submit to a chemical test in violation of section

577.041, RSMo, section 302.750, any federal or state law, or a county or

municipal ordinance; or



(e) Having any state, county or municipal alcohol-related enforcement

contact, as defined in subsection 3 of section 302.525; provided that any

suspension or revocation pursuant to section 302.505, committed in a

noncommercial motor vehicle by an individual twenty-one years of age or older

shall have been committed by the person with an alcohol concentration of at

least eight-hundredths of one percent or more, or in the case of an individual

who is less than twenty-one years of age, shall have been committed by the

person with an alcohol concentration of at least two-hundredths of one percent

or more, and if committed in a commercial motor vehicle, a concentration of

four-hundredths of one percent or more;



(14) "Driving under the influence of a controlled substance", the

commission of any one or more of the following acts in a commercial or

noncommercial motor vehicle:



(a) Driving a commercial or noncommercial motor vehicle while under the

influence of any substance so classified under Section 102(6) of the

Controlled Substances Act (21 U.S.C. 802(6)), including any substance listed

in schedules I through V of 21 CFR Part 1308, as they may be revised from time

to time;



(b) Driving a commercial or noncommercial motor vehicle while in a

drugged condition in violation of any federal or state law or in violation of

a county or municipal ordinance; or



(c) Refusing to submit to a chemical test in violation of section

577.041, RSMo, section 302.750, any federal or state law, or a county or

municipal ordinance;



(15) "Employer", any person, including the United States, a state, or a

political subdivision of a state, who owns or leases a commercial motor

vehicle or assigns a driver to operate such a vehicle;



(16) "Farm vehicle", a commercial motor vehicle controlled and operated

by a farmer used exclusively for the transportation of agricultural products,

farm machinery, farm supplies, or a combination of these, within one hundred

fifty miles of the farm, other than one which requires placarding for

hazardous materials as defined in this section, or used in the operation of a

common or contract motor carrier, except that a farm vehicle shall not be a

commercial motor vehicle when the total combined gross weight rating does not

exceed twenty-six thousand one pounds when transporting fertilizers as defined

in subdivision (21) of this subsection;



(17) "Fatality", the death of a person as a result of a motor vehicle

accident;



(18) "Felony", any offense under state or federal law that is punishable

by death or imprisonment for a term exceeding one year;



(19) "Gross combination weight rating" or "GCWR", the value specified by

the manufacturer as the loaded weight of a combination (articulated) vehicle.

In the absence of a value specified by the manufacturer, GCWR will be

determined by adding the GVWR of the power unit and the total weight of the

towed unit and any load thereon;



(20) "Gross vehicle weight rating" or "GVWR", the value specified by the

manufacturer as the loaded weight of a single vehicle;



(21) "Hazardous materials", hazardous materials as specified in Section

103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.).

Fertilizers, including but not limited to ammonium nitrate, phosphate,

nitrogen, anhydrous ammonia, lime, potash, motor fuel or special fuel, shall

not be considered hazardous materials when transported by a farm vehicle

provided all other provisions of this definition are followed;



(22) "Imminent hazard", the existence of a condition that presents a

substantial likelihood that death, serious illness, severe personal injury, or

a substantial endangerment to health, property, or the environment may occur

before the reasonably foreseeable completion date of a formal proceeding

begins to lessen the risk of that death, illness, injury, or endangerment;



(23) "Issuance", the initial licensure, license transfers, license

renewals, and license upgrades;



(24) "Motor vehicle", any self-propelled vehicle not operated

exclusively upon tracks;



(25) "Noncommercial motor vehicle", a motor vehicle or combination of

motor vehicles not defined by the term "commercial motor vehicle" in this

section;



(26) "Out of service", a temporary prohibition against the operation of

a commercial motor vehicle by a particular driver, or the operation of a

particular commercial motor vehicle, or the operation of a particular motor

carrier;



(27) "Out-of-service order", a declaration by the Federal Highway

Administration, or any authorized enforcement officer of a federal, state,

Commonwealth of Puerto Rico, Canadian, Mexican or any local jurisdiction, that

a driver, or a commercial motor vehicle, or a motor carrier operation, is out

of service;



(28) "School bus", a commercial motor vehicle used to transport

preprimary, primary, or secondary school students from home to school, from

school to home, or to and from school-sponsored events. School bus does not

include a bus used as a common carrier as defined by the Secretary;



(29) "Secretary", the Secretary of Transportation of the United States;



(30) "Serious traffic violation", driving a commercial motor vehicle in

such a manner that the driver receives a conviction for the following offenses

or driving a noncommercial motor vehicle when the driver receives a conviction

for the following offenses and the conviction results in the suspension or

revocation of the driver's license or noncommercial motor vehicle driving

privilege:



(a) Excessive speeding, as defined by the Secretary by regulation;



(b) Careless, reckless or imprudent driving which includes, but shall

not be limited to, any violation of section 304.016, RSMo, any violation of

section 304.010, RSMo, or any other violation of federal or state law, or any

county or municipal ordinance while driving a commercial motor vehicle in a

willful or wanton disregard for the safety of persons or property, or improper

or erratic traffic lane changes, or following the vehicle ahead too closely,

but shall not include careless and imprudent driving by excessive speed;



(c) A violation of any federal or state law or county or municipal

ordinance regulating the operation of motor vehicles arising out of an

accident or collision which resulted in death to any person, other than a

parking violation;



(d) Driving a commercial motor vehicle without obtaining a commercial

driver's license in violation of any federal or state or county or municipal

ordinance;



(e) Driving a commercial motor vehicle without a commercial driver's

license in the driver's possession in violation of any federal or state or

county or municipal ordinance. Any individual who provides proof to the court

which has jurisdiction over the issued citation that the individual held a

valid commercial driver's license on the date that the citation was issued

shall not be guilty of this offense;



(f) Driving a commercial motor vehicle without the proper commercial

driver's license class or endorsement for the specific vehicle group being

operated or for the passengers or type of cargo being transported in violation

of any federal or state law or county or municipal ordinance; or



(g) Any other violation of a federal or state law or county or municipal

ordinance regulating the operation of motor vehicles, other than a parking

violation, as prescribed by the secretary by regulation;



(31) "State", a state, territory or possession of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, Mexico, and any

province of Canada;



(32) "United States", the fifty states and the District of Columbia.



2003



302.700. 1. Sections 302.700 to 302.780 may be cited as the

"Uniform Commercial Driver's License Act".



2. When used in sections 302.700 to 302.780, the following

words and phrases mean:



(1) "Alcohol", any substance containing any form of alcohol,

including, but not limited to, ethanol, methanol, propanol and

isopropanol;



(2) "Alcohol concentration", the number of grams of alcohol

per one hundred milliliters of blood or the number of grams of

alcohol per two hundred ten liters of breath or the number of

grams of alcohol per sixty-seven milliliters of urine;



(3) "Commercial driver's instruction permit", a permit

issued pursuant to section 302.720;



(4) "Commercial driver's license", a license issued by this

state to an individual which authorizes the individual to operate

a commercial motor vehicle;



(5) "Commercial driver's license information system", the

information system established pursuant to the Commercial Motor

Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570) to

serve as a clearinghouse for locating information related to the

licensing and identification of commercial motor vehicle drivers;



(6) "Commercial motor vehicle", a motor vehicle designed or

used to transport passengers or property:



(a) If the vehicle has a gross combination weight rating of

twenty-six thousand one or more pounds inclusive of a towed unit

which has a gross vehicle weight rating of ten thousand one

pounds or more;



(b) If the vehicle has a gross vehicle weight rating of

twenty-six thousand one or more pounds or such lesser rating as

determined by federal regulation;



(c) If the vehicle is designed to transport more than

fifteen passengers, including the driver; or



(d) If the vehicle is transporting hazardous materials and

is required to be placarded under the Hazardous Materials

Transportation Act (46 U.S.C. 1801 et seq.);



(7) "Controlled substance", any substance so classified

under section 102(6) of the Controlled Substances Act (21 USC

802(6)), and includes all substances listed in schedules I

through V of 21 CFR part 1308, as they may be revised from time

to time;



(8) "Conviction", an unvacated adjudication of guilt, or a

determination that a person has violated or failed to comply with

the law in a court of original jurisdiction or an authorized

administrative proceeding, an unvacated forfeiture of bail or

collateral deposited to secure the person's appearance in court,

the payment of a fine or court cost, or violation of a condition

of release without bail, regardless of whether the penalty is

rebated, suspended or prorated;



(9) "Director", the director of revenue or his authorized

representative;



(10) "Disqualification", a withdrawal of the privilege to

drive a commercial motor vehicle;



(11) "Drive", to drive, operate or be in physical control of

a commercial motor vehicle;



(12) "Driver", any person who drives, operates, or is in

physical control of a commercial motor vehicle, or who is

required to hold a commercial driver's license;



(13) "Driving under the influence of alcohol", the

commission of any one or more of the following acts in a

commercial motor vehicle:



(a) Driving a commercial motor vehicle with the alcohol

concentration of four one-hundredths of a percent or more as

prescribed by the secretary or such other alcohol concentration

as may be later determined by the secretary by regulation;



(b) Driving while intoxicated in violation of section

577.010, RSMo, or in violation of a county or municipal

ordinance;



(c) Driving with excessive blood alcohol content in

violation of section 577.012, RSMo, or in violation of a county

or municipal ordinance;



(d) Refusing to submit to a chemical test in violation of

section 577.041, RSMo, a county or municipal ordinance or section

302.750; or



(e) Having any state, county or municipal alcohol related

enforcement contact, as defined in subsection 3 of section

302.525;



(14) "Driving under the influence of a controlled

substance", the commission of any one or more of the following

acts in a commercial motor vehicle:



(a) Driving a commercial motor vehicle while under the

influence of any substance so classified under section 102(6) of

the Controlled Substances Act (21 USC 802(6)), including any

substance listed in schedules I through V of 21 CFR part 1308, as

they may be revised from time to time;



(b) Driving a commercial motor vehicle while in a drugged

condition in violation of section 577.010, RSMo, or in violation

of a county or municipal ordinance; or



(c) Refusing to submit to a chemical test in violation of

section 577.041, RSMo, a county or municipal ordinance or section

302.750;



(15) "Employer", any person, including the United States, a

state, or a political subdivision of a state, who owns or leases

a commercial motor vehicle or assigns a driver to operate such a

vehicle;



(16) "Farm vehicle", a commercial motor vehicle controlled

and operated by a farmer used exclusively for the transportation

of agricultural products, farm machinery, farm supplies, or a

combination of these, within one hundred fifty miles of the farm,

other than one which requires placarding for hazardous materials

as defined in this section, or used in the operation of a common

or contract motor carrier;



(17) "Felony", any offense under state or federal law that

is punishable by death or imprisonment for a term exceeding one

year;



(18) "Gross vehicle weight rating" or "GVWR", the value

specified by the manufacturer or manufacturers as the maximum

loaded weight of a single or a combination vehicle, or registered

gross weight, whichever is greater. The GVWR of a combination

vehicle, commonly referred to as the "gross combination weight

rating" or GCWR, is the GVWR of the power unit plus the GVWR of

the towed unit or units;



(19) "Hazardous materials", hazardous materials as specified

in section 103 of the Hazardous Materials Transportation Act (49

U.S.C. 1801 et seq.);



(20) "Motor vehicle", any self-propelled vehicle not

operated exclusively upon tracks;



(21) "Out of service order", a temporary prohibition against

driving a commercial motor vehicle;



(22) "Secretary", the secretary of transportation of the

United States;



(23) "Serious traffic violation", driving a commercial motor

vehicle in such a manner that the driver receives a conviction

for:



(a) Excessive speeding, as defined by the secretary by

regulation;



(b) Careless, reckless or imprudent driving which includes,

but shall not be limited to, any violation of section 304.016,

RSMo, any violation of section 304.010, RSMo, or any other

violation of state law, or any county or municipal ordinance

while driving a commercial motor vehicle in a willful or wanton

disregard for the safety of persons or property, or improper or

erratic traffic lane changes, or following the vehicle ahead too

closely, but shall not include careless and imprudent driving by

excessive speed;



(c) A violation of any state law or county or municipal

ordinance regulating the operation of motor vehicles arising out

of an accident or collision which resulted in death to any

person, other than a parking violation; or



(d) Any other violation of a state law or county or

municipal ordinance regulating the operation of motor vehicles,

other than a parking violation, as prescribed by the secretary by

regulation;



(24) "State", a state of the United States and the District

of Columbia;



(25) "United States", the fifty states and the District of

Columbia.



1995



302.700. 1. Sections 302.700 to 302.780 may be cited as the "Uniform

Commercial Driver's License Act".



2. When used in sections 302.700 to 302.780, the following words and

phrases mean:



(1) "Alcohol", any substance containing any form of alcohol,

including, but not limited to, ethanol, methanol, propanol and isopropanol;



(2) "Alcohol concentration", the number of grams of alcohol per one

hundred milliliters of blood or the number of grams of alcohol per two

hundred ten liters of breath or the number of grams of alcohol per sixty-

seven milliliters of urine;



(3) "Commercial driver's instruction permit", a permit issued

pursuant to section 302.720;



(4) "Commercial driver's license", a license issued by this state to

an individual which authorizes the individual to operate a commercial motor

vehicle;



(5) "Commercial driver's license information system", the information

system established pursuant to the Commercial Motor Vehicle Safety Act of

1986 (Title XII of Pub. Law 99-570) to serve as a clearinghouse for

locating information related to the licensing and identification of

commercial motor vehicle drivers;



(6) "Commercial motor vehicle", a motor vehicle designed or used to

transport passengers or property:



(a) If the vehicle has a gross combination weight rating of twenty-

six thousand one or more pounds inclusive of a towed unit which has a gross

vehicle weight rating of ten thousand one pounds or more;



(b) If the vehicle has a gross vehicle weight rating of twenty-six

thousand one or more pounds or such lesser rating as determined by federal

regulation;



(c) If the vehicle is designed to transport more than fifteen

passengers, including the driver; or



(d) If the vehicle is transporting hazardous materials and is

required to be placarded under the Hazardous Materials Transportation Act

(46 U.S.C. 1801 et seq.);



(7) "Controlled substance", any substance so classified under section

102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and includes

all substances listed in schedules I through V of 21 CFR part 1308, as they

may be revised from time to time;



(8) "Conviction", an unvacated adjudication of guilt, or a

determination that a person has violated or failed to comply with the law

in a court of original jurisdiction or an authorized administrative

proceeding, an unvacated forfeiture of bail or collateral deposited to

secure the person's appearance in court, the payment of a fine or court

cost, or violation of a condition of release without bail, regardless of

whether the penalty is rebated, suspended or prorated;



(9) "Director", the director of revenue or his authorized

representative;



(10) "Disqualification", a withdrawal of the privilege to drive a

commercial motor vehicle;



(11) "Drive", to drive, operate or be in physical control of a

commercial motor vehicle;



(12) "Driver", any person who drives, operates, or is in physical

control of a commercial motor vehicle, or who is required to hold a

commercial driver's license;



(13) "Driving under the influence of alcohol", the commission of any

one or more of the following acts in a commercial motor vehicle:



(a) Driving a commercial motor vehicle with the alcohol concentration

of four one-hundredths of a percent or more as prescribed by the secretary

or such other alcohol concentration as may be later determined by the

secretary by regulation;



(b) Driving while intoxicated in violation of any federal or state

law, or in violation of a county or municipal ordinance;



(c) Driving with excessive blood alcohol content in violation of any

federal or state law, or in violation of a county or municipal ordinance;



(d) Refusing to submit to a chemical test in violation of section

577.041, RSMo, section 302.750, any federal or state law, or a county or

municipal ordinance; or



(e) Having any state, county or municipal alcohol-related enforcement

contact, as defined in subsection 3 of section 302.525;



(14) "Driving under the influence of a controlled substance", the

commission of any one or more of the following acts in a commercial motor

vehicle:



(a) Driving a commercial motor vehicle while under the influence of

any substance so classified under section 102(6) of the Controlled

Substances Act (21 U.S.C. 802(6)), including any substance listed in

schedules I through V of 21 CFR part 1308, as they may be revised from time

to time;



(b) Driving a commercial motor vehicle while in a drugged condition

in violation of any federal or state law or in violation of a county or

municipal ordinance; or



(c) Refusing to submit to a chemical test in violation of section

577.041, RSMo, section 302.750, any federal or state law, or a county or

municipal ordinance;



(15) "Employer", any person, including the United States, a state, or

a political subdivision of a state, who owns or leases a commercial motor

vehicle or assigns a driver to operate such a vehicle;



(16) "Farm vehicle", a commercial motor vehicle controlled and

operated by a farmer used exclusively for the transportation of

agricultural products, farm machinery, farm supplies, or a combination of

these, within one hundred fifty miles of the farm, other than one which

requires placarding for hazardous materials as defined in this section, or

used in the operation of a common or contract motor carrier, except that a

farm vehicle shall not be a commercial motor vehicle when the total

combined gross weight rating does not exceed twenty-six thousand one pounds

when transporting fertilizers as defined in subdivision (19) of this

subsection;



(17) "Felony", any offense under state or federal law that is

punishable by death or imprisonment for a term exceeding one year;



(18) "Gross vehicle weight rating" or "GVWR", the value specified by

the manufacturer or manufacturers as the maximum loaded weight of a single

or a combination vehicle, or registered gross weight, whichever is greater.

The GVWR of a combination vehicle, commonly referred to as the "gross

combination weight rating" or "GCWR", is the GVWR of the power unit plus

the GVWR of the towed unit or units;



(19) "Hazardous materials", hazardous materials as specified in

section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801

et seq.). Fertilizers, including but not limited to ammonium nitrate,

phosphate, nitrogen, anhydrous ammonia, lime, potash, motor fuel or special

fuel shall not be considered hazardous materials when transported by a farm

vehicle provided all other provisions of this definition are followed;



(20) "Motor vehicle", any self-propelled vehicle not operated

exclusively upon tracks;



(21) "Out of service", a temporary prohibition against the operation

of a commercial motor vehicle by a particular driver, or the operation of a

particular commercial motor vehicle, or the operation of a particular motor

carrier;



(22) "Out-of-service order", a declaration by the Federal Highway

Administration, or any authorized enforcement officer of a federal, state,

Commonwealth of Puerto Rico, Canadian, Mexican or any local jurisdiction,

that a driver, or a commercial motor vehicle, or a motor carrier operation,

is out of service;



(23) "Secretary", the Secretary of Transportation of the United

States;



(24) "Serious traffic violation", driving a commercial motor vehicle

in such a manner that the driver receives a conviction for:



(a) Excessive speeding, as defined by the secretary by regulation;



(b) Careless, reckless or imprudent driving which includes, but shall

not be limited to, any violation of section 304.016, RSMo, any violation of

section 304.010, RSMo, or any other violation of state law, or any county

or municipal ordinance while driving a commercial motor vehicle in a

willful or wanton disregard for the safety of persons or property, or

improper or erratic traffic lane changes, or following the vehicle ahead

too closely, but shall not include careless and imprudent driving by

excessive speed;



(c) A violation of any state law or county or municipal ordinance

regulating the operation of motor vehicles arising out of an accident or

collision which resulted in death to any person, other than a parking

violation; or



(d) Any other violation of a state law or county or municipal

ordinance regulating the operation of motor vehicles, other than a parking

violation, as prescribed by the secretary by regulation;



(25) "State", a state, territory or possession of the United States,

the District of Columbia, the Commonwealth of Puerto Rico, Mexico, and any

province of Canada;



(26) "United States", the fifty states and the District of Columbia.



Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.