12 CSR 10-24.412 - Commercial Driver License Waiver For 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
(D) Livestock
feeders.
(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; or
17. 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.
Notes
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