Section 302.700

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

Effective - 28 Aug 2003, 7 histories, see footnote   (history) 

  *302.700.  Citation of law — definitions. — 1. Sections 302.700 to 302.780 may be cited as the "Uniform Commercial Driver's License Act".

  2. When used in sections 302.700 to 302.780, the following words and phrases 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 one hundred milliliters of blood or the number of grams of alcohol per two hundred ten liters of breath or the number of grams of alcohol per sixty-seven milliliters of urine;

  (3) "Commercial driver's instruction permit", a permit issued pursuant to section 302.720;

  (4) "Commercial driver's license", a license issued by this state to an individual which authorizes the individual to operate a commercial motor vehicle;

  (5) "Commercial driver's license information system", the information system established pursuant to the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle drivers;

  (6) "Commercial motor vehicle", a motor vehicle designed or used to transport passengers or property:

  (a) If the vehicle has a gross combination weight rating of twenty-six thousand one or more pounds inclusive of a towed unit which has a gross vehicle weight rating of ten thousand one pounds or more;

  (b) If the vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds or such lesser rating as determined by federal regulation;

  (c) If the vehicle is designed to transport more than fifteen passengers, including the driver; or

  (d) If the vehicle is transporting hazardous materials and is required to be placarded under the Hazardous Materials Transportation Act (46 U.S.C. 1801 et seq.);

  (7) "Controlled substance", any substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), and includes all substances listed in schedules I through V of 21 CFR part 1308, as they may be revised from time to time;

  (8) "Conviction", an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative proceeding, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or prorated;

  (9) "Director", the director of revenue or his authorized representative;

  (10) "Disqualification", a withdrawal of the privilege to drive a commercial motor vehicle;

  (11) "Drive", to drive, operate or be in physical control of a commercial motor vehicle;

  (12) "Driver", any person who drives, operates, or is in physical control of a commercial motor vehicle, or who is required to hold a commercial driver's license;

  (13) "Driving under the influence of alcohol", the commission of any one or more of the following acts in a commercial motor vehicle:

  (a) Driving a commercial motor vehicle with the alcohol concentration of four one-hundredths of a percent or more as prescribed by the secretary or such other alcohol concentration as may be later determined by the secretary by regulation;

  (b) Driving while intoxicated in violation of any federal or state law, or in violation of a county or municipal ordinance;

  (c) Driving with excessive 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 section 577.041, RSMo, section 302.750, any federal or state law, or a county or municipal ordinance; or

  (e) Having any state, county or municipal alcohol-related enforcement contact, as defined in subsection 3 of section 302.525;

  (14) "Driving under the influence of a controlled substance", the commission of any one or more of the following acts in a commercial motor vehicle:

  (a) Driving a commercial motor vehicle while under the influence of any substance so classified under Section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), including any substance listed in schedules I through V of 21 CFR part 1308, as they may be revised from time to time;

  (b) Driving a commercial motor vehicle while in a drugged condition in violation of any federal or state law or in violation of a county or municipal ordinance; or

  (c) Refusing to submit to a chemical test in violation of section 577.041, RSMo, section 302.750, any federal or state law, or a county or municipal ordinance;

  (15) "Employer", any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial motor vehicle or assigns a driver to operate such a vehicle;

  (16) "Farm vehicle", a commercial motor vehicle controlled and operated by a farmer used exclusively for the transportation of agricultural products, farm machinery, farm supplies, or a combination of these, within one hundred fifty miles of the farm, other than one which requires placarding for hazardous materials as defined in this section, or used in the operation of a common or contract motor carrier, except that a farm vehicle shall not be a commercial motor vehicle when the total combined gross weight rating does not exceed twenty-six thousand one pounds when transporting fertilizers as defined in subdivision (20) of this subsection;

  (17) "Felony", any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year;

  (18) "Gross combination weight rating" or "GCWR", the value specified by the manufacturer as the loaded weight of a combination (articulated) vehicle. In the absence of a value specified by the manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total weight of the towed unit and any load thereon;

  (19) "Gross vehicle weight rating" or "GVWR", the value specified by the manufacturer as the loaded weight of a single vehicle;

  (20) "Hazardous materials", hazardous materials as specified in Section 103 of the Hazardous Materials Transportation Act (49 U.S.C. 1801 et seq.). Fertilizers, including but not limited to ammonium nitrate, phosphate, nitrogen, anhydrous ammonia, lime, potash, motor fuel or special fuel, shall not be considered hazardous materials when transported by a farm vehicle provided all other provisions of this definition are followed;

  (21) "Motor vehicle", any self-propelled vehicle not operated exclusively upon tracks;

  (22) "Out of service", a temporary prohibition against the operation of a commercial motor vehicle by a particular driver, or the operation of a particular commercial motor vehicle, or the operation of a particular motor carrier;

  (23) "Out-of-service order", a declaration by the Federal Highway Administration, 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;

  (24) "Secretary", the Secretary of Transportation of the United States;

  (25) "Serious traffic violation", driving a commercial motor vehicle in such a manner that the driver receives a conviction for:

  (a) Excessive speeding, as defined by the secretary by regulation;

  (b) Careless, reckless or imprudent driving which includes, but shall not be limited to, any violation of section 304.016, RSMo, any violation of section 304.010, RSMo, or any other violation of state law, or any county or municipal ordinance while driving a commercial motor vehicle in a willful or wanton disregard for the safety of persons or property, or improper or erratic traffic lane changes, or following the vehicle ahead too closely, but shall not include careless and imprudent driving by excessive speed;

  (c) A violation of any state law or county or municipal ordinance regulating the operation of motor vehicles arising out of an accident or collision which resulted in death to any person, other than a parking violation; or

  (d) Any other violation of a state law or county or municipal ordinance regulating the operation of motor vehicles, other than a parking violation, as prescribed by the secretary by regulation;

  (26) "State", a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Mexico, and any province of Canada;

  (27) "United States", the fifty states and the District of Columbia.

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(L. 1989 1st Ex. Sess.H.B. 3, A.L. 1991 H.B. 251, A.L. 1995 H.B.717, A.L. 2003 H.B. 371)

*This section was amended by S.B. 1233, et al., 2004, effective 9-30-05