Section 390.045

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 390

Effective - 13 May 1988, see footnote   

  390.045.  Enforcement personnel of division of motor carrier and railroad safety — powers, training — vehicles to be emergency vehicles — firearms prohibited. — 1.  Duly authorized enforcement personnel of the division may stop commercial motor vehicles when there is a probable cause that the operator has violated, or is violating, any part of this chapter, or the rules promulgated by the division of motor carrier and railroad safety.  Enforcement personnel may detain the vehicle and operator for a reasonable period of time to determine if in fact the commercial motor vehicle is in violation of this chapter or the rules promulgated by the division.  Information obtained during a stop may be used to file a complaint with the director of the division through the general counsel of the division of motor carrier and railroad safety with an administrative law judge to ascertain the legality of the commercial motor vehicle operation.

  2.  Vehicles operated by division of motor carrier and railroad safety enforcement personnel shall be considered emergency vehicles as defined in section 304.022.  Enforcement personnel of the division of motor carrier and railroad safety shall not have the right to bear firearms.  Enforcement personnel shall be required to complete one hundred twenty hours of basic law enforcement training as required of peace officers as specified in chapter 590.

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(L. 1986 H.B. 1428, A.L. 1988 S.B. 423)

Effective 5-13-88

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and functions transferred to highways and transportation commission and department of transportation, 226.008