Intermediate driver's license, issued to whom, requirements,limitations, fee, duration, point assessment--penalty,application for full driving privileges,requirements--exceptions--penalty--rulemaking authority,procedure.
302.178. 1. Any person between the ages of sixteen and eighteenyears who is qualified to obtain a license pursuant to sections 302.010 to302.340 may apply for, and the director shall issue, an intermediatedriver's license entitling the applicant, while having such license in hisor her possession, to operate a motor vehicle of the appropriate class uponthe highways of this state in conjunction with the requirements of thissection. An intermediate driver's license shall be readily distinguishablefrom a license issued to those over the age of eighteen. All applicantsfor an intermediate driver's license shall:
(1) Successfully complete the examination required by section302.173;
(2) Pay the fee required by subsection 4 of this section;
(3) Have had a temporary instruction permit issued pursuant tosubsection 1 of section 302.130 for at least a six-month period or a validlicense from another state; and
(4) Have a parent, grandparent, legal guardian, or, if the applicantis a participant in a federal residential job training program, a drivinginstructor employed by a federal residential job training program, sign theapplication stating that the applicant has completed at least forty hoursof supervised driving experience under a temporary instruction permitissued pursuant to subsection 1 of section 302.130, or, if the applicant isan emancipated minor, the person over twenty-one years of age whosupervised such driving. For purposes of this section, the term"emancipated minor" means a person who is at least sixteen years of age,but less than eighteen years of age, who:
(a) Marries with the consent of the legal custodial parent or legalguardian pursuant to section 451.080, RSMo;
(b) Has been declared emancipated by a court of competentjurisdiction;
(c) Enters active duty in the armed forces;
(d) Has written consent to the emancipation from the custodial parentor legal guardian; or
(e) Through employment or other means provides for such person's ownfood, shelter and other cost-of-living expenses;
(5) Have had no alcohol-related enforcement contacts as defined insection 302.525 during the preceding twelve months; and
(6) Have no nonalcoholic traffic convictions for which points areassessed pursuant to section 302.302, within the preceding six months.
2. An intermediate driver's license grants the licensee the sameprivileges to operate that classification of motor vehicle as a licenseissued pursuant to section 302.177, except that no person shall operate amotor vehicle on the highways of this state under such an intermediatedriver's license between the hours of 1:00 a.m. and 5:00 a.m. unlessaccompanied by a person described in subsection 1 of section 302.130;except the licensee may operate a motor vehicle without being accompaniedif the travel is to or from a school or educational program or activity, aregular place of employment or in emergency situations as defined by thedirector by regulation.
3. Each intermediate driver's license shall be restricted byrequiring that the driver and all passengers in the licensee's vehicle wearsafety belts at all times. This safety belt restriction shall not apply toa person operating a motorcycle. For the first six months after issuanceof the intermediate driver's license, the holder of the license shall notoperate a motor vehicle with more than one passenger who is under the ageof nineteen who is not a member of the holder's immediate family. As usedin this subsection, an intermediate driver's license holder's immediatefamily shall include brothers, sisters, stepbrothers or stepsisters of thedriver, including adopted or foster children residing in the same householdof the intermediate driver's license holder. After the expiration of thefirst six months, the holder of an intermediate driver's license shall notoperate a motor vehicle with more than three passengers who are undernineteen years of age and who are not members of the holder's immediatefamily. The passenger restrictions of this subsection shall not beapplicable to any intermediate driver's license holder who is operating amotor vehicle being used in agricultural work-related activities.
4. Notwithstanding the provisions of section 302.177 to the contrary,the fee for an intermediate driver's license shall be five dollars and suchlicense shall be valid for a period of two years.
5. Any intermediate driver's licensee accumulating six or more pointsin a twelve-month period may be required to participate in and successfullycomplete a driver-improvement program approved by the director of thedepartment of public safety. The driver-improvement program ordered by thedirector of revenue shall not be used in lieu of point assessment.
6. (1) An intermediate driver's licensee who has, for the precedingtwelve-month period, had no alcohol-related enforcement contacts, asdefined in section 302.525 and no traffic convictions for which points areassessed, upon reaching the age of eighteen years or within the thirty daysimmediately preceding their eighteenth birthday may apply for and receivewithout further examination, other than a vision test as prescribed bysection 302.173, a license issued pursuant to this chapter granting fulldriving privileges. Such person shall pay the required fee for suchlicense as prescribed in section 302.177.
(2) If an intermediate driver's license expires on a Saturday,Sunday, or legal holiday, such license shall remain valid for the fivebusiness days immediately following the expiration date. In no case shalla licensee whose intermediate driver's license expires on a Saturday,Sunday, or legal holiday be guilty of an offense of driving with an expiredor invalid driver's license if such offense occurred within five businessdays immediately following an expiration date that occurs on a Saturday,Sunday, or legal holiday.
(3) The director of revenue shall deny an application for a fulldriver's license until the person has had no traffic convictions for whichpoints are assessed for a period of twelve months prior to the date ofapplication for license or until the person is eligible to apply for asix-year driver's license as provided for in section 302.177, provided theapplicant is otherwise eligible for full driving privileges. Anintermediate driver's license shall expire when the licensee is eligibleand receives a full driver's license as prescribed in subdivision (1) ofthis section.
7. No person upon reaching the age of eighteen years whoseintermediate driver's license and driving privilege is denied, suspended,canceled or revoked in this state or any other state for any reason mayapply for a full driver's license until such license or driving privilegeis fully reinstated. Any such person whose intermediate driver's licensehas been revoked pursuant to the provisions of sections 302.010 to 302.540shall, upon receipt of reinstatement of the revocation from the director,pass the complete driver examination, apply for a new license, and pay theproper fee before again operating a motor vehicle upon the highways of thisstate.
8. A person shall be exempt from the intermediate licensingrequirements if the person has reached the age of eighteen years and meetsall other licensing requirements.
9. Any person who violates any of the provisions of this sectionrelating to intermediate drivers' licenses or the provisions of section302.130 relating to temporary instruction permits is guilty of aninfraction, and no points shall be assessed to his or her driving recordfor any such violation.
10. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2000, shall beinvalid and void.
(L. 1999 S.B. 19, A.L. 2000 H.B. 1797, A.L. 2001 H.B. 648, et al., A.L. 2004 H.B. 928 and H.B. 1123 and H.B. 1280, A.L. 2006 S.B. 1001, et al.)
Intermediate driver's license, issued to whom, requirements,limitations, fee, duration, point assessment--penalty,application for full driving privileges,requirements--exceptions--penalty--rulemaking authority,procedure.
302.178. 1. Any person between the ages of sixteen and eighteenyears who is qualified to obtain a license pursuant to sections 302.010 to302.340 may apply for, and the director shall issue, an intermediatedriver's license entitling the applicant, while having such license in hisor her possession, to operate a motor vehicle of the appropriate class uponthe highways of this state in conjunction with the requirements of thissection. An intermediate driver's license shall be readily distinguishablefrom a license issued to those over the age of eighteen. All applicantsfor an intermediate driver's license shall:
(1) Successfully complete the examination required by section302.173;
(2) Pay the fee required by subsection 4 of this section;
(3) Have had a temporary instruction permit issued pursuant tosubsection 1 of section 302.130 for at least a six-month period or a validlicense from another state; and
(4) Have a parent, grandparent, legal guardian, or, if the applicantis a participant in a federal residential job training program, a drivinginstructor employed by a federal residential job training program, sign theapplication stating that the applicant has completed at least forty hoursof supervised driving experience under a temporary instruction permitissued pursuant to subsection 1 of section 302.130, or, if the applicant isan emancipated minor, the person over twenty-one years of age whosupervised such driving. For purposes of this section, the term"emancipated minor" means a person who is at least sixteen years of age,but less than eighteen years of age, who:
(a) Marries with the consent of the legal custodial parent or legalguardian pursuant to section 451.080, RSMo;
(b) Has been declared emancipated by a court of competentjurisdiction;
(c) Enters active duty in the armed forces;
(d) Has written consent to the emancipation from the custodial parentor legal guardian; or
(e) Through employment or other means provides for such person's ownfood, shelter and other cost-of-living expenses;
(5) Have had no alcohol-related enforcement contacts as defined insection 302.525 during the preceding twelve months; and
(6) Have no nonalcoholic traffic convictions for which points areassessed pursuant to section 302.302, within the preceding six months.
2. An intermediate driver's license grants the licensee the sameprivileges to operate that classification of motor vehicle as a licenseissued pursuant to section 302.177, except that no person shall operate amotor vehicle on the highways of this state under such an intermediatedriver's license between the hours of 1:00 a.m. and 5:00 a.m. unlessaccompanied by a person described in subsection 1 of section 302.130;except the licensee may operate a motor vehicle without being accompaniedif the travel is to or from a school or educational program or activity, aregular place of employment or in emergency situations as defined by thedirector by regulation.
3. Each intermediate driver's license shall be restricted byrequiring that the driver and all passengers in the licensee's vehicle wearsafety belts at all times. This safety belt restriction shall not apply toa person operating a motorcycle. For the first six months after issuanceof the intermediate driver's license, the holder of the license shall notoperate a motor vehicle with more than one passenger who is under the ageof nineteen who is not a member of the holder's immediate family. As usedin this subsection, an intermediate driver's license holder's immediatefamily shall include brothers, sisters, stepbrothers or stepsisters of thedriver, including adopted or foster children residing in the same householdof the intermediate driver's license holder. After the expiration of thefirst six months, the holder of an intermediate driver's license shall notoperate a motor vehicle with more than three passengers who are undernineteen years of age and who are not members of the holder's immediatefamily. The passenger restrictions of this subsection shall not beapplicable to any intermediate driver's license holder who is operating amotor vehicle being used in agricultural work-related activities.
4. Notwithstanding the provisions of section 302.177 to the contrary,the fee for an intermediate driver's license shall be five dollars and suchlicense shall be valid for a period of two years.
5. Any intermediate driver's licensee accumulating six or more pointsin a twelve-month period may be required to participate in and successfullycomplete a driver-improvement program approved by the director of thedepartment of public safety. The driver-improvement program ordered by thedirector of revenue shall not be used in lieu of point assessment.
6. (1) An intermediate driver's licensee who has, for the precedingtwelve-month period, had no alcohol-related enforcement contacts, asdefined in section 302.525 and no traffic convictions for which points areassessed, upon reaching the age of eighteen years or within the thirty daysimmediately preceding their eighteenth birthday may apply for and receivewithout further examination, other than a vision test as prescribed bysection 302.173, a license issued pursuant to this chapter granting fulldriving privileges. Such person shall pay the required fee for suchlicense as prescribed in section 302.177.
(2) If an intermediate driver's license expires on a Saturday,Sunday, or legal holiday, such license shall remain valid for the fivebusiness days immediately following the expiration date. In no case shalla licensee whose intermediate driver's license expires on a Saturday,Sunday, or legal holiday be guilty of an offense of driving with an expiredor invalid driver's license if such offense occurred within five businessdays immediately following an expiration date that occurs on a Saturday,Sunday, or legal holiday.
(3) The director of revenue shall deny an application for a fulldriver's license until the person has had no traffic convictions for whichpoints are assessed for a period of twelve months prior to the date ofapplication for license or until the person is eligible to apply for asix-year driver's license as provided for in section 302.177, provided theapplicant is otherwise eligible for full driving privileges. Anintermediate driver's license shall expire when the licensee is eligibleand receives a full driver's license as prescribed in subdivision (1) ofthis section.
7. No person upon reaching the age of eighteen years whoseintermediate driver's license and driving privilege is denied, suspended,canceled or revoked in this state or any other state for any reason mayapply for a full driver's license until such license or driving privilegeis fully reinstated. Any such person whose intermediate driver's licensehas been revoked pursuant to the provisions of sections 302.010 to 302.540shall, upon receipt of reinstatement of the revocation from the director,pass the complete driver examination, apply for a new license, and pay theproper fee before again operating a motor vehicle upon the highways of thisstate.
8. A person shall be exempt from the intermediate licensingrequirements if the person has reached the age of eighteen years and meetsall other licensing requirements.
9. Any person who violates any of the provisions of this sectionrelating to intermediate drivers' licenses or the provisions of section302.130 relating to temporary instruction permits is guilty of aninfraction, and no points shall be assessed to his or her driving recordfor any such violation.
10. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2000, shall beinvalid and void.
(L. 1999 S.B. 19, A.L. 2000 H.B. 1797, A.L. 2001 H.B. 648, et al., A.L. 2004 H.B. 928 and H.B. 1123 and H.B. 1280, A.L. 2006 S.B. 1001, et al.)
Intermediate driver's license, issued to whom, requirements,limitations, fee, duration, point assessment--penalty,application for full driving privileges,requirements--exceptions--penalty--rulemaking authority,procedure.
302.178. 1. Any person between the ages of sixteen and eighteenyears who is qualified to obtain a license pursuant to sections 302.010 to302.340 may apply for, and the director shall issue, an intermediatedriver's license entitling the applicant, while having such license in hisor her possession, to operate a motor vehicle of the appropriate class uponthe highways of this state in conjunction with the requirements of thissection. An intermediate driver's license shall be readily distinguishablefrom a license issued to those over the age of eighteen. All applicantsfor an intermediate driver's license shall:
(1) Successfully complete the examination required by section302.173;
(2) Pay the fee required by subsection 4 of this section;
(3) Have had a temporary instruction permit issued pursuant tosubsection 1 of section 302.130 for at least a six-month period or a validlicense from another state; and
(4) Have a parent, grandparent, legal guardian, or, if the applicantis a participant in a federal residential job training program, a drivinginstructor employed by a federal residential job training program, sign theapplication stating that the applicant has completed at least forty hoursof supervised driving experience under a temporary instruction permitissued pursuant to subsection 1 of section 302.130, or, if the applicant isan emancipated minor, the person over twenty-one years of age whosupervised such driving. For purposes of this section, the term"emancipated minor" means a person who is at least sixteen years of age,but less than eighteen years of age, who:
(a) Marries with the consent of the legal custodial parent or legalguardian pursuant to section 451.080, RSMo;
(b) Has been declared emancipated by a court of competentjurisdiction;
(c) Enters active duty in the armed forces;
(d) Has written consent to the emancipation from the custodial parentor legal guardian; or
(e) Through employment or other means provides for such person's ownfood, shelter and other cost-of-living expenses;
(5) Have had no alcohol-related enforcement contacts as defined insection 302.525 during the preceding twelve months; and
(6) Have no nonalcoholic traffic convictions for which points areassessed pursuant to section 302.302, within the preceding six months.
2. An intermediate driver's license grants the licensee the sameprivileges to operate that classification of motor vehicle as a licenseissued pursuant to section 302.177, except that no person shall operate amotor vehicle on the highways of this state under such an intermediatedriver's license between the hours of 1:00 a.m. and 5:00 a.m. unlessaccompanied by a person described in subsection 1 of section 302.130;except the licensee may operate a motor vehicle without being accompaniedif the travel is to or from a school or educational program or activity, aregular place of employment or in emergency situations as defined by thedirector by regulation.
3. Each intermediate driver's license shall be restricted byrequiring that the driver and all passengers in the licensee's vehicle wearsafety belts at all times. This safety belt restriction shall not apply toa person operating a motorcycle. For the first six months after issuanceof the intermediate driver's license, the holder of the license shall notoperate a motor vehicle with more than one passenger who is under the ageof nineteen who is not a member of the holder's immediate family. As usedin this subsection, an intermediate driver's license holder's immediatefamily shall include brothers, sisters, stepbrothers or stepsisters of thedriver, including adopted or foster children residing in the same householdof the intermediate driver's license holder. After the expiration of thefirst six months, the holder of an intermediate driver's license shall notoperate a motor vehicle with more than three passengers who are undernineteen years of age and who are not members of the holder's immediatefamily. The passenger restrictions of this subsection shall not beapplicable to any intermediate driver's license holder who is operating amotor vehicle being used in agricultural work-related activities.
4. Notwithstanding the provisions of section 302.177 to the contrary,the fee for an intermediate driver's license shall be five dollars and suchlicense shall be valid for a period of two years.
5. Any intermediate driver's licensee accumulating six or more pointsin a twelve-month period may be required to participate in and successfullycomplete a driver-improvement program approved by the director of thedepartment of public safety. The driver-improvement program ordered by thedirector of revenue shall not be used in lieu of point assessment.
6. (1) An intermediate driver's licensee who has, for the precedingtwelve-month period, had no alcohol-related enforcement contacts, asdefined in section 302.525 and no traffic convictions for which points areassessed, upon reaching the age of eighteen years or within the thirty daysimmediately preceding their eighteenth birthday may apply for and receivewithout further examination, other than a vision test as prescribed bysection 302.173, a license issued pursuant to this chapter granting fulldriving privileges. Such person shall pay the required fee for suchlicense as prescribed in section 302.177.
(2) If an intermediate driver's license expires on a Saturday,Sunday, or legal holiday, such license shall remain valid for the fivebusiness days immediately following the expiration date. In no case shalla licensee whose intermediate driver's license expires on a Saturday,Sunday, or legal holiday be guilty of an offense of driving with an expiredor invalid driver's license if such offense occurred within five businessdays immediately following an expiration date that occurs on a Saturday,Sunday, or legal holiday.
(3) The director of revenue shall deny an application for a fulldriver's license until the person has had no traffic convictions for whichpoints are assessed for a period of twelve months prior to the date ofapplication for license or until the person is eligible to apply for asix-year driver's license as provided for in section 302.177, provided theapplicant is otherwise eligible for full driving privileges. Anintermediate driver's license shall expire when the licensee is eligibleand receives a full driver's license as prescribed in subdivision (1) ofthis section.
7. No person upon reaching the age of eighteen years whoseintermediate driver's license and driving privilege is denied, suspended,canceled or revoked in this state or any other state for any reason mayapply for a full driver's license until such license or driving privilegeis fully reinstated. Any such person whose intermediate driver's licensehas been revoked pursuant to the provisions of sections 302.010 to 302.540shall, upon receipt of reinstatement of the revocation from the director,pass the complete driver examination, apply for a new license, and pay theproper fee before again operating a motor vehicle upon the highways of thisstate.
8. A person shall be exempt from the intermediate licensingrequirements if the person has reached the age of eighteen years and meetsall other licensing requirements.
9. Any person who violates any of the provisions of this sectionrelating to intermediate drivers' licenses or the provisions of section302.130 relating to temporary instruction permits is guilty of aninfraction, and no points shall be assessed to his or her driving recordfor any such violation.
10. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2000, shall beinvalid and void.
(L. 1999 S.B. 19, A.L. 2000 H.B. 1797, A.L. 2001 H.B. 648, et al., A.L. 2004 H.B. 928 and H.B. 1123 and H.B. 1280, A.L. 2006 S.B. 1001, et al.)
