LETSAC CONFERENCE

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LETSAC CONFERENCE

• July 11, 2007
• Presenter
• Gena Ahlers

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Department of Revenue

• Governor Blunt and Trish Vincent, Director of
  Revenue are committed to the best customer
  service for Missouri. We appreciate the
  opportunity to share driver licensing changes
  with you!

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Department of Revenue Agenda

• Motor Carrier Safety Improvement Act
• (MCSIA) Changes
• Masking Traffic Violations
• Driver Improvement Programs
• Limited Driving Privilege
• Checks Before Issuance of a Driver License
• Commercial Driver History
• Periods of Disqualification
• Administrative Alcohol/Alcohol Point Suspension
  Processing
• Criminal Law
• Administrative Law
• AIR form modifications
• Legislative Updates
• These bills are waiting final approval

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MCSIA CHANGES EFFECTIVE SEPTEMBER 30, 2005
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MASKING TRAFFIC VIOLATIONS FOR CDL DRIVERS OR
PERSONS OPERATING A CMV

• Courts can no longer do the following to
  prevent a conviction from appearing on a driving
  record
• Suspend imposition of sentence
• Allow a CDL holder, or any person operating a CMV
  to enter into a diversion program

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DRIVER IMPROVEMENT PROGRAMS

• Programs will not be allowed for
• Any person regarding any offense(s) committed in
  a CMV
• A CDL holder regarding any offense(s) committed
  in any type of vehicle

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LIMITED DRIVING PRIVILEGES (LDP)

• Can no longer be issued to operate a CMV during
  any period of suspension, revocation,
  cancellation, or disqualification
• Only allows continued driving in a noncommercial
  vehicle
• Is not available for certain suspensions and
  revocations

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CHECKS BEFORE ISSUANCE OF A DRIVER LICENSE OR
PERMIT
An initial ten-year driving record national check
conducted on all new or renewal CDLs
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COMMERCIAL DRIVERS DRIVING RECORD HISTORY

• Travels with him or her from state to state
• Reflected on the Missouri record under
  Informational Driving History
• Offenses from both the informational driving
  history and those committed while licensed as a
  Missouri driver are used to determine
  disqualification

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DISQUALIFICATION PERIODS

• Only effects commercial privilege
• May drive private vehicle if base privilege is
  not suspended or revoked
• Periods of disqualification are
• 60 Days - 180 Days - Lifetime (10-year
  minimum)
• 90 Days - 1 Year - Permanent
• 120 Days - 3 Years - Imminent Hazard

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60-Day Disqualification

• One railroad-highway grade crossing violation
  while operating a CMV
• Two serious convictions within a three-year
  period while operating a CMV
• Any combination of two serious convictions within
  a three-year period while operating a CMV or
  non-CMV if the convictions help support a
  suspension, revocation, or cancellation of the
  driving privilege

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• Serious convictions include
• Careless and imprudent or Reckless driving
• Excessive speed - 15 mph or more above speed
  limit
• Improper or erratic lane changes
• Following too close
• Any moving violation relating to a fatal crash
• Driving a CMV without obtaining a CDL
• Driving a CMV without CDL in possession
• Driving a CMV without proper class of CDL or
  endorsement/restriction
• Endangerment of a Highway Worker
• Aggravated Endangerment of a Highway Worker
• Note The three-year period will be based on
  violation date rather than conviction date.

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90-Day Disqualification

• First traffic conviction for violating an
  out-of-service order while operating a CMV

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120-Day Disqualification

• Two railroad-highway grade crossing violations
  while operating a CMV
• Three or more serious convictions within a
  three-year period while operating a CMV
• Any combination of three serious convictions
  within a three-year period while operating a CMV
  or non-CMV if the convictions help support a
  suspension, revocation, or cancellation of the
  driving privilege

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180-Day Disqualification

• First traffic conviction for violating an
  out-of-service order while operating a CMV and
  transporting hazardous materials or transporting
  15 or more passengers

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1-Year Disqualification

• Driving while under the influence of alcohol or
  drugs
• Refusing blood and/or breath test
• Leaving the scene of the accident or OS hit and
  run if accident causes injury or death
• Making a false statement on any application for a
  CDL
• Driving a CMV with a BAC of .04 or more
• Driving a CMV with a revoked, suspended,
  canceled, or disqualified privilege

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• Causing a fatality through the negligent or
  criminal operation of a CMV
• Using a CMV to commit a felony
• Two traffic convictions within a ten-year period
  for driving a CMV while out-of-service
• Three or more railroad-highway grade crossing
  violations within a three-year period while
  operating a CMV
• NOTE The three-year and ten-year periods will
  be based on violation date rather than
  conviction date.

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• First conviction for any one of the following
  while transporting hazardous materials
• Driving while under the influence of alcohol or
  drugs
• Refusing blood and/or breath test
• Leaving the scene of the accident or OS hit and
  run if accident causes injury or death
• Driving a CMV with a BAC of .04 or more
• Driving a CMV with a revoked, suspended,
  canceled, or disqualified privilege
• Causing a fatality through the negligent or
  criminal operation of a CMV
• Using a CMV to commit a felony

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• Three or more convictions within a ten-year
  period for violating out-of-service orders while
  operating a CMV
• Two or more convictions within a ten-year period
  for violating an out-of-service order while
  operating a CMV and transporting hazardous
  materials or transporting 15 or more passengers
• NOTE The ten-year period will be based
  on violation date rather than conviction
  date.

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Lifetime Disqualification(10-year minimum)

• Second conviction for any one of the following
• Driving while under the influence of alcohol or
  drugs
• Refusing blood and/or breath test
• Leaving the scene of the accident or OS hit and
  run if accident causes injury or death
• Driving a CMV with a BAC of .04 or more
• Driving a CMV with a revoked, suspended,
  canceled, or disqualified privilege
• Causing a fatality through the negligent or
  criminal operation of a CMV
• Using a CMV to commit a felony

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Permanent Lifetime Disqualification

• First conviction for using a motor vehicle in the
  manufacture or illegal distribution of drugs
• A first conviction of a major offense after a CDL
  holders license has been restored from a
  ten-year minimum denial
• NOTE Major offenses include any of the
  offenses listed under the one-year
  disqualification period.

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Imminent Hazard Disqualification

• Determination by the Federal Motor Carrier Safety
  Administration that a persons driving
  constitutes an imminent hazard
• Not to exceed one year

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Administrative Alcohol/Alcohol Point Suspension
Processing
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ALCOHOL OFFENSES ARE GOVERNED BY TWO SEPARATE
PARTS OF THE LAW

• Criminal Law
• Administrative Law

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CRIMINAL LAW

• Ticket issued from the arresting officer
• Right to appeal the ticket in court
• If convicted, points are added to persons record
• 8 points within 18 months 30, 60, or 90-day
  suspension
• 12 points within 12 months 1-year revocation
• 18 points within 24 months 1-year
• 24 points within 36 months 1-year

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ADMINISTRATIVE LAW

• Alcohol Influence Report submitted by arresting
  officer if BAC is .08 (or .02 if minor)
• Automatic suspension/revocation of license after
  15 days of arrest, unless administrative hearing
  requested to DOR, regardless if the ticket was
  disposed of in court or reduced to a lesser
  offense
• If hearing is granted, a permit may be issued for
  the person to drive on until the outcome of the
  hearing
• Purpose of hearing is to show proof that the
  arresting officer did not have probable cause for
  the arrest, not to allow time for the person to
  appear in court on the alcohol-related ticket

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REVISIONS TO ALCOHOL INFLUENCE REPORT (AIR)

• Page 1 now refers to date of arrest or custody
  (not stop), contains highlighted boxes for CDL
  holder information, and modifications have been
  made to the information boxes for the
  standardized Field Sobriety test.
• Page 2 now contains information previously found
  on page 3 of the AIR. The Implied Consent
  provisions are located at the top of page 2. The
  Refused check box is deleted.
• Page 3 now contains information previously found
  on page 2. This includes the Miranda Rights
  section and revised the Interview section.
• Page 4 now contains a check box for the arresting
  officer to certify he has received eight hours of
  training.

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CREDIT OF TIME CRIMINAL/ADMINISTRATIVE ACTION

• If conviction received which resulted from the
  same offense as the administrative action, both
  penalties will be imposed
• The period of suspension/revocation for the
  administrative action will be credited to the
  other penalty period
• The total suspension/revocation time will not
  exceed the longer of the two penalty periods

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LEGISLATIVE UPDATE

• These bills are awaiting the Governors signature.

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HOUSE BILL 574

• Blood Draws
• Removes the requirement of use of a nonalcoholic
  antiseptic.

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HOUSE BILL 574

• Requirements for reporting traffic convictions
• Clean up language for 577.051 RSMo

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SENATE BILL 384

• Stolen License Plate Tabs
• License Plate Covers

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SENATE BILL 82

• Salvage Vehicles
• Local log trucks and tractors
• Salvage title designations
• Motor vehicle dealer required sales
• Temporary permits
• In Transit tags
• Waiver of CDL skills test
• Driver license applications/deployed military
• Motor vehicle dealer provisions/dealer plates
• Department of conservation vehicles
• Truck widths
• Disabled plates/placards
• Commercial motor vehicle license plates

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Questions?