302.700. 1. Sections 302.700 to 302.780 may be cited as the "UniformCommercial Driver's License Act".
2. When used in sections 302.700 to 302.780, the following words andphrases 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 onehundred milliliters of blood or the number of grams of alcohol per twohundred ten liters of breath or the number of grams of alcohol persixty-seven milliliters of urine;
(3) "Commercial driver's instruction permit", a permit issuedpursuant to section 302.720;
(4) "Commercial driver's license", a license issued by this state toan individual which authorizes the individual to operate a commercial motorvehicle;
(5) "Commercial driver's license information system", the informationsystem established pursuant to the Commercial Motor Vehicle Safety Act of1986 (Title XII of Pub. Law 99-570) to serve as a clearinghouse forlocating information related to the licensing and identification ofcommercial motor vehicle drivers;
(6) "Commercial motor vehicle", a motor vehicle designed or used totransport passengers or property:
(a) If the vehicle has a gross combination weight rating oftwenty-six thousand one or more pounds inclusive of a towed unit which hasa gross vehicle weight rating of ten thousand one pounds or more;
(b) If the vehicle has a gross vehicle weight rating of twenty-sixthousand one or more pounds or such lesser rating as determined by federalregulation;
(c) If the vehicle is designed to transport sixteen or morepassengers, including the driver; or
(d) If the vehicle is transporting hazardous materials and isrequired to be placarded under the Hazardous Materials Transportation Act(46 U.S.C. 1801, et seq.);
(7) "Controlled substance", any substance so classified under Section102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and includesall substances listed in schedules I through V of 21 CFR part 1308, as theymay be revised from time to time;
(8) "Conviction", an unvacated adjudication of guilt, including pleasof guilt and nolo contendre, or a determination that a person has violatedor failed to comply with the law in a court of original jurisdiction or anauthorized administrative proceeding, an unvacated forfeiture of bail orcollateral deposited to secure the person's appearance in court, thepayment of a fine or court cost, or violation of a condition of releasewithout bail, regardless of whether the penalty is rebated, suspended orprorated, including an offense for failure to appear or pay;
(9) "Director", the director of revenue or his authorizedrepresentative;
(10) "Disqualification", any of the following three actions:
(a) The suspension, revocation, or cancellation of a commercialdriver's license;
(b) Any withdrawal of a person's privileges to drive a commercialmotor vehicle by a state as the result of a violation of federal, state,county, municipal, or local law relating to motor vehicle traffic controlor violations committed through the operation of motor vehicles, other thanparking, vehicle weight, or vehicle defect violations;
(c) A determination by the Federal Motor Carrier SafetyAdministration that a person is not qualified to operate a commercial motorvehicle under 49 CFR Part 383.52 or Part 391;
(11) "Drive", to drive, operate or be in physical control of acommercial motor vehicle;
(12) "Driver", any person who drives, operates, or is in physicalcontrol of a motor vehicle, or who is required to hold a commercialdriver's license;
(13) "Driving under the influence of alcohol", the commission of anyone or more of the following acts:
(a) Driving a commercial motor vehicle with the alcohol concentrationof four one-hundredths of a percent or more as prescribed by the secretaryor such other alcohol concentration as may be later determined by thesecretary by regulation;
(b) Driving a commercial or noncommercial motor vehicle whileintoxicated in violation of any federal or state law, or in violation of acounty or municipal ordinance;
(c) Driving a commercial or noncommercial motor vehicle withexcessive 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 section577.041, RSMo, section 302.750, any federal or state law, or a county ormunicipal ordinance; or
(e) Having any state, county or municipal alcohol-related enforcementcontact, as defined in subsection 3 of section 302.525; provided that anysuspension or revocation pursuant to section 302.505, committed in anoncommercial motor vehicle by an individual twenty-one years of age orolder shall have been committed by the person with an alcohol concentrationof at least eight-hundredths of one percent or more, or in the case of anindividual who is less than twenty-one years of age, shall have beencommitted by the person with an alcohol concentration of at leasttwo-hundredths of one percent or more, and if committed in a commercialmotor vehicle, a concentration of four-hundredths of one percent or more;
(14) "Driving under the influence of a controlled substance", thecommission of any one or more of the following acts in a commercial ornoncommercial motor vehicle:
(a) Driving a commercial or noncommercial motor vehicle while underthe influence of any substance so classified under Section 102(6) of theControlled Substances Act (21 U.S.C. 802(6)), including any substancelisted in schedules I through V of 21 CFR Part 1308, as they may be revisedfrom time to time;
(b) Driving a commercial or noncommercial motor vehicle while in adrugged condition in violation of any federal or state law or in violationof a county or municipal ordinance; or
(c) Refusing to submit to a chemical test in violation of section577.041, RSMo, section 302.750, any federal or state law, or a county ormunicipal ordinance;
(15) "Employer", any person, including the United States, a state, ora political subdivision of a state, who owns or leases a commercial motorvehicle or assigns a driver to operate such a vehicle;
(16) "Farm vehicle", a commercial motor vehicle controlled andoperated by a farmer used exclusively for the transportation ofagricultural products, farm machinery, farm supplies, or a combination ofthese, within one hundred fifty miles of the farm, other than one whichrequires placarding for hazardous materials as defined in this section, orused in the operation of a common or contract motor carrier, except that afarm vehicle shall not be a commercial motor vehicle when the totalcombined gross weight rating does not exceed twenty-six thousand one poundswhen transporting fertilizers as defined in subdivision (21) of thissubsection;
(17) "Fatality", the death of a person as a result of a motor vehicleaccident;
(18) "Felony", any offense under state or federal law that ispunishable by death or imprisonment for a term exceeding one year;
(19) "Gross combination weight rating" or "GCWR", the value specifiedby the manufacturer as the loaded weight of a combination (articulated)vehicle. In the absence of a value specified by the manufacturer, GCWRwill be determined by adding the GVWR of the power unit and the totalweight of the towed unit and any load thereon;
(20) "Gross vehicle weight rating" or "GVWR", the value specified bythe manufacturer as the loaded weight of a single vehicle;
(21) "Hazardous materials", any material that has been designated ashazardous under 49 U.S.C. 5103 and is required to be placarded undersubpart F of CFR Part 172 or any quantity of a material listed as a selectagent or toxin in 42 CFR Part 73. Fertilizers, including but not limitedto ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash,motor fuel or special fuel, shall not be considered hazardous materialswhen transported by a farm vehicle provided all other provisions of thisdefinition are followed;
(22) "Imminent hazard", the existence of a condition that presents asubstantial likelihood that death, serious illness, severe personal injury,or a substantial endangerment to health, property, or the environment mayoccur before the reasonably foreseeable completion date of a formalproceeding begins to lessen the risk of that death, illness, injury, orendangerment;
(23) "Issuance", the initial licensure, license transfers, licenserenewals, and license upgrades;
(24) "Motor vehicle", any self-propelled vehicle not operatedexclusively upon tracks;
(25) "Noncommercial motor vehicle", a motor vehicle or combination ofmotor vehicles not defined by the term "commercial motor vehicle" in thissection;
(26) "Out of service", a temporary prohibition against the operationof a commercial motor vehicle by a particular driver, or the operation of aparticular commercial motor vehicle, or the operation of a particular motorcarrier;
(27) "Out-of-service order", a declaration by the Federal HighwayAdministration, 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 transportpreprimary, primary, or secondary school students from home to school, fromschool to home, or to and from school-sponsored events. School bus doesnot include a bus used as a common carrier as defined by the Secretary;
(29) "Secretary", the Secretary of Transportation of the UnitedStates;
(30) "Serious traffic violation", driving a commercial motor vehiclein such a manner that the driver receives a conviction for the followingoffenses or driving a noncommercial motor vehicle when the driver receivesa conviction for the following offenses and the conviction results in thesuspension or revocation of the driver's license or noncommercial motorvehicle driving privilege:
(a) Excessive speeding, as defined by the Secretary by regulation;
(b) Careless, reckless or imprudent driving which includes, but shallnot be limited to, any violation of section 304.016, RSMo, any violation ofsection 304.010, RSMo, or any other violation of federal or state law, orany county or municipal ordinance while driving a commercial motor vehiclein a willful or wanton disregard for the safety of persons or property, orimproper or erratic traffic lane changes, or following the vehicle aheadtoo closely, but shall not include careless and imprudent driving byexcessive speed;
(c) A violation of any federal or state law or county or municipalordinance regulating the operation of motor vehicles arising out of anaccident or collision which resulted in death to any person, other than aparking violation;
(d) Driving a commercial motor vehicle without obtaining a commercialdriver's license in violation of any federal or state or county ormunicipal ordinance;
(e) Driving a commercial motor vehicle without a commercial driver'slicense in the driver's possession in violation of any federal or state orcounty or municipal ordinance. Any individual who provides proof to thecourt which has jurisdiction over the issued citation that the individualheld a valid commercial driver's license on the date that the citation wasissued shall not be guilty of this offense;
(f) Driving a commercial motor vehicle without the proper commercialdriver's license class or endorsement for the specific vehicle group beingoperated or for the passengers or type of cargo being transported inviolation of any federal or state law or county or municipal ordinance; or
(g) Any other violation of a federal or state law or county ormunicipal ordinance regulating the operation of motor vehicles, other thana 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 anyprovince of Canada;
(32) "United States", the fifty states and the District of Columbia.
302.700. 1. Sections 302.700 to 302.780 may be cited as the "UniformCommercial Driver's License Act".
2. When used in sections 302.700 to 302.780, the following words andphrases 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 onehundred milliliters of blood or the number of grams of alcohol per twohundred ten liters of breath or the number of grams of alcohol persixty-seven milliliters of urine;
(3) "Commercial driver's instruction permit", a permit issuedpursuant to section 302.720;
(4) "Commercial driver's license", a license issued by this state toan individual which authorizes the individual to operate a commercial motorvehicle;
(5) "Commercial driver's license information system", the informationsystem established pursuant to the Commercial Motor Vehicle Safety Act of1986 (Title XII of Pub. Law 99-570) to serve as a clearinghouse forlocating information related to the licensing and identification ofcommercial motor vehicle drivers;
(6) "Commercial motor vehicle", a motor vehicle designed or used totransport passengers or property:
(a) If the vehicle has a gross combination weight rating oftwenty-six thousand one or more pounds inclusive of a towed unit which hasa gross vehicle weight rating of ten thousand one pounds or more;
(b) If the vehicle has a gross vehicle weight rating of twenty-sixthousand one or more pounds or such lesser rating as determined by federalregulation;
(c) If the vehicle is designed to transport sixteen or morepassengers, including the driver; or
(d) If the vehicle is transporting hazardous materials and isrequired to be placarded under the Hazardous Materials Transportation Act(46 U.S.C. 1801, et seq.);
(7) "Controlled substance", any substance so classified under Section102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and includesall substances listed in schedules I through V of 21 CFR part 1308, as theymay be revised from time to time;
(8) "Conviction", an unvacated adjudication of guilt, including pleasof guilt and nolo contendre, or a determination that a person has violatedor failed to comply with the law in a court of original jurisdiction or anauthorized administrative proceeding, an unvacated forfeiture of bail orcollateral deposited to secure the person's appearance in court, thepayment of a fine or court cost, or violation of a condition of releasewithout bail, regardless of whether the penalty is rebated, suspended orprorated, including an offense for failure to appear or pay;
(9) "Director", the director of revenue or his authorizedrepresentative;
(10) "Disqualification", any of the following three actions:
(a) The suspension, revocation, or cancellation of a commercialdriver's license;
(b) Any withdrawal of a person's privileges to drive a commercialmotor vehicle by a state as the result of a violation of federal, state,county, municipal, or local law relating to motor vehicle traffic controlor violations committed through the operation of motor vehicles, other thanparking, vehicle weight, or vehicle defect violations;
(c) A determination by the Federal Motor Carrier SafetyAdministration that a person is not qualified to operate a commercial motorvehicle under 49 CFR Part 383.52 or Part 391;
(11) "Drive", to drive, operate or be in physical control of acommercial motor vehicle;
(12) "Driver", any person who drives, operates, or is in physicalcontrol of a motor vehicle, or who is required to hold a commercialdriver's license;
(13) "Driving under the influence of alcohol", the commission of anyone or more of the following acts:
(a) Driving a commercial motor vehicle with the alcohol concentrationof four one-hundredths of a percent or more as prescribed by the secretaryor such other alcohol concentration as may be later determined by thesecretary by regulation;
(b) Driving a commercial or noncommercial motor vehicle whileintoxicated in violation of any federal or state law, or in violation of acounty or municipal ordinance;
(c) Driving a commercial or noncommercial motor vehicle withexcessive 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 section577.041, RSMo, section 302.750, any federal or state law, or a county ormunicipal ordinance; or
(e) Having any state, county or municipal alcohol-related enforcementcontact, as defined in subsection 3 of section 302.525; provided that anysuspension or revocation pursuant to section 302.505, committed in anoncommercial motor vehicle by an individual twenty-one years of age orolder shall have been committed by the person with an alcohol concentrationof at least eight-hundredths of one percent or more, or in the case of anindividual who is less than twenty-one years of age, shall have beencommitted by the person with an alcohol concentration of at leasttwo-hundredths of one percent or more, and if committed in a commercialmotor vehicle, a concentration of four-hundredths of one percent or more;
(14) "Driving under the influence of a controlled substance", thecommission of any one or more of the following acts in a commercial ornoncommercial motor vehicle:
(a) Driving a commercial or noncommercial motor vehicle while underthe influence of any substance so classified under Section 102(6) of theControlled Substances Act (21 U.S.C. 802(6)), including any substancelisted in schedules I through V of 21 CFR Part 1308, as they may be revisedfrom time to time;
(b) Driving a commercial or noncommercial motor vehicle while in adrugged condition in violation of any federal or state law or in violationof a county or municipal ordinance; or
(c) Refusing to submit to a chemical test in violation of section577.041, RSMo, section 302.750, any federal or state law, or a county ormunicipal ordinance;
(15) "Employer", any person, including the United States, a state, ora political subdivision of a state, who owns or leases a commercial motorvehicle or assigns a driver to operate such a vehicle;
(16) "Farm vehicle", a commercial motor vehicle controlled andoperated by a farmer used exclusively for the transportation ofagricultural products, farm machinery, farm supplies, or a combination ofthese, within one hundred fifty miles of the farm, other than one whichrequires placarding for hazardous materials as defined in this section, orused in the operation of a common or contract motor carrier, except that afarm vehicle shall not be a commercial motor vehicle when the totalcombined gross weight rating does not exceed twenty-six thousand one poundswhen transporting fertilizers as defined in subdivision (21) of thissubsection;
(17) "Fatality", the death of a person as a result of a motor vehicleaccident;
(18) "Felony", any offense under state or federal law that ispunishable by death or imprisonment for a term exceeding one year;
(19) "Gross combination weight rating" or "GCWR", the value specifiedby the manufacturer as the loaded weight of a combination (articulated)vehicle. In the absence of a value specified by the manufacturer, GCWRwill be determined by adding the GVWR of the power unit and the totalweight of the towed unit and any load thereon;
(20) "Gross vehicle weight rating" or "GVWR", the value specified bythe manufacturer as the loaded weight of a single vehicle;
(21) "Hazardous materials", any material that has been designated ashazardous under 49 U.S.C. 5103 and is required to be placarded undersubpart F of CFR Part 172 or any quantity of a material listed as a selectagent or toxin in 42 CFR Part 73. Fertilizers, including but not limitedto ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash,motor fuel or special fuel, shall not be considered hazardous materialswhen transported by a farm vehicle provided all other provisions of thisdefinition are followed;
(22) "Imminent hazard", the existence of a condition that presents asubstantial likelihood that death, serious illness, severe personal injury,or a substantial endangerment to health, property, or the environment mayoccur before the reasonably foreseeable completion date of a formalproceeding begins to lessen the risk of that death, illness, injury, orendangerment;
(23) "Issuance", the initial licensure, license transfers, licenserenewals, and license upgrades;
(24) "Motor vehicle", any self-propelled vehicle not operatedexclusively upon tracks;
(25) "Noncommercial motor vehicle", a motor vehicle or combination ofmotor vehicles not defined by the term "commercial motor vehicle" in thissection;
(26) "Out of service", a temporary prohibition against the operationof a commercial motor vehicle by a particular driver, or the operation of aparticular commercial motor vehicle, or the operation of a particular motorcarrier;
(27) "Out-of-service order", a declaration by the Federal HighwayAdministration, 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 transportpreprimary, primary, or secondary school students from home to school, fromschool to home, or to and from school-sponsored events. School bus doesnot include a bus used as a common carrier as defined by the Secretary;
(29) "Secretary", the Secretary of Transportation of the UnitedStates;
(30) "Serious traffic violation", driving a commercial motor vehiclein such a manner that the driver receives a conviction for the followingoffenses or driving a noncommercial motor vehicle when the driver receivesa conviction for the following offenses and the conviction results in thesuspension or revocation of the driver's license or noncommercial motorvehicle driving privilege:
(a) Excessive speeding, as defined by the Secretary by regulation;
(b) Careless, reckless or imprudent driving which includes, but shallnot be limited to, any violation of section 304.016, RSMo, any violation ofsection 304.010, RSMo, or any other violation of federal or state law, orany county or municipal ordinance while driving a commercial motor vehiclein a willful or wanton disregard for the safety of persons or property, orimproper or erratic traffic lane changes, or following the vehicle aheadtoo closely, but shall not include careless and imprudent driving byexcessive speed;
(c) A violation of any federal or state law or county or municipalordinance regulating the operation of motor vehicles arising out of anaccident or collision which resulted in death to any person, other than aparking violation;
(d) Driving a commercial motor vehicle without obtaining a commercialdriver's license in violation of any federal or state or county ormunicipal ordinance;
(e) Driving a commercial motor vehicle without a commercial driver'slicense in the driver's possession in violation of any federal or state orcounty or municipal ordinance. Any individual who provides proof to thecourt which has jurisdiction over the issued citation that the individualheld a valid commercial driver's license on the date that the citation wasissued shall not be guilty of this offense;
(f) Driving a commercial motor vehicle without the proper commercialdriver's license class or endorsement for the specific vehicle group beingoperated or for the passengers or type of cargo being transported inviolation of any federal or state law or county or municipal ordinance; or
(g) Any other violation of a federal or state law or county ormunicipal ordinance regulating the operation of motor vehicles, other thana 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 anyprovince of Canada;
(32) "United States", the fifty states and the District of Columbia.
302.700. 1. Sections 302.700 to 302.780 may be cited as the "UniformCommercial Driver's License Act".
2. When used in sections 302.700 to 302.780, the following words andphrases 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 onehundred milliliters of blood or the number of grams of alcohol per twohundred ten liters of breath or the number of grams of alcohol persixty-seven milliliters of urine;
(3) "Commercial driver's instruction permit", a permit issuedpursuant to section 302.720;
(4) "Commercial driver's license", a license issued by this state toan individual which authorizes the individual to operate a commercial motorvehicle;
(5) "Commercial driver's license information system", the informationsystem established pursuant to the Commercial Motor Vehicle Safety Act of1986 (Title XII of Pub. Law 99-570) to serve as a clearinghouse forlocating information related to the licensing and identification ofcommercial motor vehicle drivers;
(6) "Commercial motor vehicle", a motor vehicle designed or used totransport passengers or property:
(a) If the vehicle has a gross combination weight rating oftwenty-six thousand one or more pounds inclusive of a towed unit which hasa gross vehicle weight rating of ten thousand one pounds or more;
(b) If the vehicle has a gross vehicle weight rating of twenty-sixthousand one or more pounds or such lesser rating as determined by federalregulation;
(c) If the vehicle is designed to transport sixteen or morepassengers, including the driver; or
(d) If the vehicle is transporting hazardous materials and isrequired to be placarded under the Hazardous Materials Transportation Act(46 U.S.C. 1801, et seq.);
(7) "Controlled substance", any substance so classified under Section102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and includesall substances listed in schedules I through V of 21 CFR part 1308, as theymay be revised from time to time;
(8) "Conviction", an unvacated adjudication of guilt, including pleasof guilt and nolo contendre, or a determination that a person has violatedor failed to comply with the law in a court of original jurisdiction or anauthorized administrative proceeding, an unvacated forfeiture of bail orcollateral deposited to secure the person's appearance in court, thepayment of a fine or court cost, or violation of a condition of releasewithout bail, regardless of whether the penalty is rebated, suspended orprorated, including an offense for failure to appear or pay;
(9) "Director", the director of revenue or his authorizedrepresentative;
(10) "Disqualification", any of the following three actions:
(a) The suspension, revocation, or cancellation of a commercialdriver's license;
(b) Any withdrawal of a person's privileges to drive a commercialmotor vehicle by a state as the result of a violation of federal, state,county, municipal, or local law relating to motor vehicle traffic controlor violations committed through the operation of motor vehicles, other thanparking, vehicle weight, or vehicle defect violations;
(c) A determination by the Federal Motor Carrier SafetyAdministration that a person is not qualified to operate a commercial motorvehicle under 49 CFR Part 383.52 or Part 391;
(11) "Drive", to drive, operate or be in physical control of acommercial motor vehicle;
(12) "Driver", any person who drives, operates, or is in physicalcontrol of a motor vehicle, or who is required to hold a commercialdriver's license;
(13) "Driving under the influence of alcohol", the commission of anyone or more of the following acts:
(a) Driving a commercial motor vehicle with the alcohol concentrationof four one-hundredths of a percent or more as prescribed by the secretaryor such other alcohol concentration as may be later determined by thesecretary by regulation;
(b) Driving a commercial or noncommercial motor vehicle whileintoxicated in violation of any federal or state law, or in violation of acounty or municipal ordinance;
(c) Driving a commercial or noncommercial motor vehicle withexcessive 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 section577.041, RSMo, section 302.750, any federal or state law, or a county ormunicipal ordinance; or
(e) Having any state, county or municipal alcohol-related enforcementcontact, as defined in subsection 3 of section 302.525; provided that anysuspension or revocation pursuant to section 302.505, committed in anoncommercial motor vehicle by an individual twenty-one years of age orolder shall have been committed by the person with an alcohol concentrationof at least eight-hundredths of one percent or more, or in the case of anindividual who is less than twenty-one years of age, shall have beencommitted by the person with an alcohol concentration of at leasttwo-hundredths of one percent or more, and if committed in a commercialmotor vehicle, a concentration of four-hundredths of one percent or more;
(14) "Driving under the influence of a controlled substance", thecommission of any one or more of the following acts in a commercial ornoncommercial motor vehicle:
(a) Driving a commercial or noncommercial motor vehicle while underthe influence of any substance so classified under Section 102(6) of theControlled Substances Act (21 U.S.C. 802(6)), including any substancelisted in schedules I through V of 21 CFR Part 1308, as they may be revisedfrom time to time;
(b) Driving a commercial or noncommercial motor vehicle while in adrugged condition in violation of any federal or state law or in violationof a county or municipal ordinance; or
(c) Refusing to submit to a chemical test in violation of section577.041, RSMo, section 302.750, any federal or state law, or a county ormunicipal ordinance;
(15) "Employer", any person, including the United States, a state, ora political subdivision of a state, who owns or leases a commercial motorvehicle or assigns a driver to operate such a vehicle;
(16) "Farm vehicle", a commercial motor vehicle controlled andoperated by a farmer used exclusively for the transportation ofagricultural products, farm machinery, farm supplies, or a combination ofthese, within one hundred fifty miles of the farm, other than one whichrequires placarding for hazardous materials as defined in this section, orused in the operation of a common or contract motor carrier, except that afarm vehicle shall not be a commercial motor vehicle when the totalcombined gross weight rating does not exceed twenty-six thousand one poundswhen transporting fertilizers as defined in subdivision (21) of thissubsection;
(17) "Fatality", the death of a person as a result of a motor vehicleaccident;
(18) "Felony", any offense under state or federal law that ispunishable by death or imprisonment for a term exceeding one year;
(19) "Gross combination weight rating" or "GCWR", the value specifiedby the manufacturer as the loaded weight of a combination (articulated)vehicle. In the absence of a value specified by the manufacturer, GCWRwill be determined by adding the GVWR of the power unit and the totalweight of the towed unit and any load thereon;
(20) "Gross vehicle weight rating" or "GVWR", the value specified bythe manufacturer as the loaded weight of a single vehicle;
(21) "Hazardous materials", any material that has been designated ashazardous under 49 U.S.C. 5103 and is required to be placarded undersubpart F of CFR Part 172 or any quantity of a material listed as a selectagent or toxin in 42 CFR Part 73. Fertilizers, including but not limitedto ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash,motor fuel or special fuel, shall not be considered hazardous materialswhen transported by a farm vehicle provided all other provisions of thisdefinition are followed;
(22) "Imminent hazard", the existence of a condition that presents asubstantial likelihood that death, serious illness, severe personal injury,or a substantial endangerment to health, property, or the environment mayoccur before the reasonably foreseeable completion date of a formalproceeding begins to lessen the risk of that death, illness, injury, orendangerment;
(23) "Issuance", the initial licensure, license transfers, licenserenewals, and license upgrades;
(24) "Motor vehicle", any self-propelled vehicle not operatedexclusively upon tracks;
(25) "Noncommercial motor vehicle", a motor vehicle or combination ofmotor vehicles not defined by the term "commercial motor vehicle" in thissection;
(26) "Out of service", a temporary prohibition against the operationof a commercial motor vehicle by a particular driver, or the operation of aparticular commercial motor vehicle, or the operation of a particular motorcarrier;
(27) "Out-of-service order", a declaration by the Federal HighwayAdministration, 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 transportpreprimary, primary, or secondary school students from home to school, fromschool to home, or to and from school-sponsored events. School bus doesnot include a bus used as a common carrier as defined by the Secretary;
(29) "Secretary", the Secretary of Transportation of the UnitedStates;
(30) "Serious traffic violation", driving a commercial motor vehiclein such a manner that the driver receives a conviction for the followingoffenses or driving a noncommercial motor vehicle when the driver receivesa conviction for the following offenses and the conviction results in thesuspension or revocation of the driver's license or noncommercial motorvehicle driving privilege:
(a) Excessive speeding, as defined by the Secretary by regulation;
(b) Careless, reckless or imprudent driving which includes, but shallnot be limited to, any violation of section 304.016, RSMo, any violation ofsection 304.010, RSMo, or any other violation of federal or state law, orany county or municipal ordinance while driving a commercial motor vehiclein a willful or wanton disregard for the safety of persons or property, orimproper or erratic traffic lane changes, or following the vehicle aheadtoo closely, but shall not include careless and imprudent driving byexcessive speed;
(c) A violation of any federal or state law or county or municipalordinance regulating the operation of motor vehicles arising out of anaccident or collision which resulted in death to any person, other than aparking violation;
(d) Driving a commercial motor vehicle without obtaining a commercialdriver's license in violation of any federal or state or county ormunicipal ordinance;
(e) Driving a commercial motor vehicle without a commercial driver'slicense in the driver's possession in violation of any federal or state orcounty or municipal ordinance. Any individual who provides proof to thecourt which has jurisdiction over the issued citation that the individualheld a valid commercial driver's license on the date that the citation wasissued shall not be guilty of this offense;
(f) Driving a commercial motor vehicle without the proper commercialdriver's license class or endorsement for the specific vehicle group beingoperated or for the passengers or type of cargo being transported inviolation of any federal or state law or county or municipal ordinance; or
(g) Any other violation of a federal or state law or county ormunicipal ordinance regulating the operation of motor vehicles, other thana 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 anyprovince of Canada;
(32) "United States", the fifty states and the District of Columbia.
