Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This proposed amendment modifies language to include
a requirement for new and upgrading commercial license applicants to complete
the required written testing and obtain a commercial learner's permit and hold
such permit for a minimum of fourteen (14) days prior to completing driving
skills testing as defined by changes to section
302.720,
RSMo, and sections 49 CFR 383, 384, and 385 in the Commercial Driver's License
Testing and Commercial Learner's Permit Standards rule (Docket No.
FMCSA-2007-27659).
(1) To obtain a
commercial driver license, an applicant must take and successfully pass written
and driving tests for the operation of a commercial motor vehicle. The issuance
of a commercial learner's permit is a precondition to the initial issuance of a
commercial driver license or an upgrade of a commercial driver license if the
upgrade requires a skills test. The commercial learner's permit holder is not
eligible to take the commercial driver license skills test in the first
fourteen (14) days after initial issuance of the permit.
(2) The only drivers operating a commercial
motor vehicle as defined in section
302.700,
RSMo, who are not required to possess a Class A, Class B, or Class C license
are-
(A) Any person driving a farm vehicle,
exclusively for the transportation of agricultural products, farm machinery,
farm supplies, or fertilizers, which may include, but are not limited to,
ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash, motor
fuel, or special fuel, provided the Gross Vehicle Weight Rating (GVWR) of the
farm vehicle does not exceed twenty-six thousand one pounds (26,001 lbs.) when
transporting these hazardous materials, or a combination of them, within one
hundred fifty (150) air miles of the farm, if the person is a farmer, a family
member of a farmer, or an employee of a farmer and who is not a common or
contract carrier;
(B) Any person
driving vehicles for military purposes, which includes active duty military
personnel, a member of the reserves or national guard on full-time training
duty or inactive duty for training, and national guard military
technicians;
(C) Any person in the
employ of a fire organization or a member of a volunteer fire organization
driving emergency or fire equipment;
(D) Any person in the employ of a federal,
state, or local government forest service, police department, rescue and
emergency squads, or departments of safety who drive emergency or firefighting
equipment which shall include, but not be limited to, riot buses or volunteers
who perform wilderness search and rescue functions and disaster relief
activities in government-owned vehicles only when such vehicles are used in the
execution of emergency governmental functions performed under emergency
conditions;
(E) Any person driving
or pulling, strictly for family or personal use, a recreational vehicle as
defined in sections
301.010 and
700.010,
RSMo;
(F) Any person driving, for
personal use, a vehicle which is a commercial motor vehicle under section
302.700,
RSMo, while transporting personal property of his/her own or of another, but
not for hire nor as a common or contract carrier;
(G) Any person driving, in connection with
construction activities, for a limited distance on the highways of this state,
construction equipment which by design, appearance, and function is not
intended for use on the highways. This equipment would include motorscrapers,
backhoes, motor graders, compactors, excavators, tractors, trenchers, and
bulldozers, but not dump trucks, tank trucks, or any equipment designed to
transport materials or construction equipment overland; and
(H) Any person driving a vehicle, such as
amusement park trams, used exclusively on private property and not operated on
any highway, state, county, or public road.
(3) A
driver exempted under this rule from possessing a Class A, Class B, or Class C
license must possess a valid Class E or F license, as appropriate, with the
necessary restrictions and endorsements for the vehicle being driven.
*Original authority: 302.765, RSMo 1989, amended 1993, 1995
and 302.775, RSMo 1989, amended 2004,
2009.
