Mo. Code Regs. tit. 12 § 10-24.412
Current through Register Vol. 49, No. 18, September 16, 2024
Section 12 CSR 10-24.412 - Commercial Driver License Waiver For Farm-Related Service IndustriesPURPOSE: This rule establishes the criteria for issuance of seasonal restricted commercial drivers licenses for operators of commercial motor vehicles involved in farm-related service industries.
(1) Any person who operates a Class B or Class C commercial motor vehicle who is involved in one (1) or more of the following farm-related service industries may apply for a restricted commercial drivers license:(A) Farm retail outlets and suppliers;(B) Agrichemical businesses;(C) Custom harvesters; or(2) A restricted commercial drivers license shall not be issued to operate a Class A motor vehicle.(3) Any commercial drivers license issued in accordance with this rule shall be valid for the operation of commercial motor vehicles for one (1) period which shall not exceed one hundred eighty (180) consecutive calendar days in any twelve (12)-month period. The period of valid operation shall be indicated on a restriction card which must be carried by the operator with the commercial drivers license.(4) Any holder of a commercial drivers license restricted in accordance with this rule may operate a commercial motor vehicle only within a one hundred fifty (150)-mile radius of the place of business or farm being served.(5) A holder of a restricted commercial drivers license issued in accordance with this rule shall not transport hazardous materials in placardable quantities except that a holder of a restricted commercial drivers license may transport one thousand gallons (1,000 gal.) or less of diesel fuel, three thousand gallons (3,000 gal.) or less of liquid fertilizer or any quantity of solid fertilizer not mixed with any organic substance.(6) To apply for a commercial driver license restricted in accordance with this rule, the applicant must certify to the following:(A) That s/he has held a drivers license for at least one (1) year;(B) That s/he has not had more than one (1) drivers license;(C) That his/her driving privilege has not been suspended, revoked, canceled or disqualified in this or any other state within the last two (2) years;(D) That s/he has not been convicted for any of the following offenses in any type of motor vehicle within the last two (2) years:1. Driving while under the influence of alcohol as defined in section 302.700, RSMo (which includes driving while intoxicated (DWI) and blood alcohol content (BAC));2. Driving while under the influence of a controlled substance as defined in section 302.700, RSMo;3. Refusal to submit to an alcohol test;4. Leaving the scene of an accident;5. Felony involving a motor vehicle other than a felony described in paragraph (6)(D)8.;6. Driving a commercial motor vehicle when, as a result of prior violations committed while operating a commercial motor vehicle, the driver's commercial driver license is revoked, suspended, or canceled, or the driver is disqualified from operating a commercial motor vehicle;7. Causing a fatality through the negligent operation of a commercial motor vehicle, including but not limited to, the crimes of vehicular manslaughter, homicide by motor vehicle and negligent homicide;8. Using any vehicle in the commission of a felony involving the manufacturing, distributing or dispensing of a controlled substance;9. Speeding fifteen (15) or more miles over the posted speed limit;10. Careless, imprudent or reckless driving;11. Erratic or improper traffic lane changes;12. Following too closely;13. Violating state or local law relating to motor vehicle traffic control (other than a parking violation) arising in connection with a fatal accident;14. Driving a commercial motor vehicle without obtaining a commercial driver license;15. Driving a commercial motor vehicle without a commercial driver license in the driver's possession;16. Driving a commercial motor vehicle without the proper class of commercial driver license and/or endorsements for the specific vehicle group being operated or for the passengers or type of cargo being transported; or17. Any conviction for a traffic law violation in connection with an accident; and(E) That s/he has not had an accident in which s/he was found to have been at fault within the last two (2) years.(7) The applicant shall indicate on the application the seasonal time period the person needs to operate commercial motor vehicles in accordance with this rule. The one (1) period shall not exceed one hundred eighty (180) consecutive calendar days in any twelve (12)-month period.(8) If the applicant can certify to the information required in section (6) of this rule, the director will issue a restricted commercial drivers license to the applicant if otherwise eligible for licensure without completion of the commercial drivers license written and skills tests.(9) If the applicant for a restricted commercial drivers license previously held a Class E license or its equivalent, the person is permitted to operate Class E or Class F motor vehicles on the restricted commercial license at any time. If the applicant for a restricted commercial drivers license previously held a Class F license or its equivalent, the person is permitted to operate only Class F motor vehicles, other than when operating commercial motor vehicles in accordance with this rule.(10) The director shall annually review the driving record of the holder of any seasonal commercial drivers license prior to the seasonal period indicated on the restriction card. If the driver record meets the criteria set forth in section (6) of this rule, the restricted commercial drivers license shall be revalidated and the holder shall be permitted to operate commercial motor vehicles in accordance with the license and this rule. If the driver record indicates that the holder of the restricted commercial drivers license no longer meets the criteria set forth in section (6) of this rule, the restricted commercial drivers license shall be canceled for a period of two (2) years.(11) At the time of renewal of the restricted commercial driver license, the holder may apply for the license and restriction card at a Department of Revenue contract office. AUTHORITY: sections 302.775, RSMo Supp. 2005 and 302.765, RSMo 2000* and 49 CFR 383.3. Emergency rule filed May 6, 1992, effective May 16, 1992, expired Sept. 12, 1992. Emergency rule filed Sept. 3, 1992, effective Sept. 13, 1992, expired Jan. 10, 1993. Original rule filed May 6, 1992, effective Dec. 3, 1992. Emergency amendment filed Nov. 9, 1994, effective Nov. 19, 1994, expired March 18, 1995. Emergency amendment filed March 9, 1995, effective March 19, 1995, expired July 16, 1995. Amended: Filed Nov. 9, 1994, effective May 28, 1995. Amended: Filed June 23, 1997, effective Dec. 30, 1997. Amended: Filed Sept. 6, 2005, effective March 30, 2006. *Original authority: 302.765, RSMo 1989, 1993, 1995 and 302.775, RSMo 1989, amended 2004.