7 CSR 10-25.010 - Skill Performance Evaluation Certificates For Commercial Drivers
PUBLISHER'S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Definitions and Substitutions. Except
when the context clearly suggests otherwise, the words and terms used in this
rule, or in any federal regulation incorporated by reference in this rule,
shall have the meaning stated in this section.
(A) Whenever the terms "application," "letter
of application," "written request," or any similar terms used in the federal
regulation refer to a document to be filed with a federal agency or official,
the word "application" shall be substituted for those terms, which means a
writing filed with the director, which shall contain all information required
to complete the applicable form provided for that purpose by the
department.
(B) Whenever the term
"commercial motor vehicle" is used in the federal regulation, the term shall
include any motor vehicle, or the operator or driver of any motor vehicle,
within the jurisdiction of the commission pursuant to the provisions of section
226.008, RSMo.
(C) The word "commission" means the Missouri
Highways and Transportation Commission.
(D) The word "department" means the Missouri
Department of Transportation.
(E)
The word "director" means the director of Motor Carrier Services of the
Missouri Department of Transportation.
(F) Except for subsection (4)(A) and section
(6) of this rule, whenever the term "exemption" is used in this rule, the term
"SPE certificate" shall be substituted for the term "exemption."
(G) Whenever the term "FMCSA," "field service
center, FMCSA," or any comparable term is used in the federal regulation, then
the words "Missouri Department of Transportation, Motor Carrier Services" shall
be substituted for those terms. If the federal regulation prescribes an address
applicable to any of these terms, then the current business address of the
director of Motor Carrier Services shall be substituted for that
address.
(H) Whenever the terms
"Federal Motor Carrier Safety Administrator," "Federal Highway Administrator,"
"State Director, FMCSA," or any comparable terms are used in the federal
regulation, then the words "Missouri Department of Transportation, director of
Motor Carrier Services" shall be substituted for those terms. If the federal
regulation prescribes an address applicable to any of these terms, then the
current business address of the director of Motor Carrier Services shall be
substituted for that address.
(I)
Whenever the word "interstate" is used in the federal regulation, the word
"intrastate" shall be substituted for "interstate."
(J) The word "SPE certificate" means a skill
performance evaluation certificate as defined in subsection 4 of section
622.555, RSMo. Publication of a
Missouri Register notice of application for SPE Certificates
is not required.
(2)
Delegation of Authority. The commission authorizes the director to administer
the skill performance evaluation program for intrastate drivers of commercial
motor vehicles, as provided in sections
622.027 and
622.555, RSMo, and this rule.
The director, at his/her discretion, may delegate any part of this authority to
other department personnel.
(3)
Filing and Determination of Applications; Demonstration and Verification of
Ability to Operate Commercial Motor Vehicles. Applications for an intrastate
SPE certificate, and related documents, and information reasonably required by
the director, shall be filed at PO Box 270, Jefferson City, MO 65102. Every
application shall include all information and supporting documents required by
section 622.555, RSMo, this rule, and
the "Application for Skill Performance Evaluation Certificate." The application
and accompanying instructions are incorporated herein by reference and made a
part of this rule as published on April 15, 2022, by the Missouri Department of
Transportation Motor Carrier Services Division, PO Box 270, Jefferson City, MO
65102. This rule does not incorporate any subsequent amendments or additions to
the application and instructions.
(A) The
director may dismiss, grant, or deny applications for SPE certificates, in
accordance with the provisions of section
622.555, RSMo, and this
rule.
(B) The director may issue
SPE certificates that include reasonable limitations, conditions, and
requirements to protect public safety, or to promote the department's effective
administration of SPE certificates, or both.
(C) At any time while an application is
pending, or after the person is issued a SPE certificate, the director may
require the person to demonstrate or verify the person's present ability to
operate a commercial motor vehicle safely with his/her physical deficiency or
impairment. These requirements may include:
1. Successfully completing a road test, using
a commercial motor vehicle and associated equipment of the type which the
applicant drives or seeks to drive pursuant to the SPE certificate;
2. Obtaining additional or periodic physical
examinations by a physiatrist, orthopedic surgeon, audiologist, or
otolaryngologist; and
3. Filing
additional or periodic reports with the director concerning the person's
medical or hearing examinations, treatment, prognosis, employment, driving
record, accidents, traffic violations, and other pertinent
information.
(4) Physical Deficiencies. Persons who are
physically unqualified to drive commercial motor vehicles pursuant to any
provision of Title 49, Code of Federal Regulations (CFR),
section 391.41(b), may apply for intrastate SPE certificates, and the director
may issue intrastate SPE certificates to those applicants, only if-
(A) The Federal Motor Carrier Safety
Administration (FMCSA) is currently administering a program for issuing SPE
certificates, or exemptions from the physical qualification requirements, to
interstate drivers who are physically unqualified because of the same physical
deficiency or impairment affecting the applicant; except that a FMCSA exemption
from 49 CFR section
391.41(b)(8) will not
authorize the issuance of a SPE certificate for Missouri intrastate
operation;
(B) The applicant files
an application for SPE certificate with the director, which conforms to all
applicable requirements of section
622.555, RSMo, and this rule,
and conforms to the same standards and procedures that are applicable under
FMCSA's comparable interstate SPE certificate or exception program, as modified
and supplemented by any applicable provisions of section
622.555, RSMo, or this rule;
and
(C) With the exception of
Subpart C, section 381.315, the commission incorporates by reference and makes
a part of this rule the provisions of 49 CFR 381 as published by the United
States Government Publishing Office, 732 North Capitol Street NW, Washington DC
20401, on February 22, 2022. The commission also incorporates by reference and
makes a part of this rule the provisions of
49 CFR
391.41 as published by the United States
Government Publishing Office, 732 North Capitol Street NW, Washington, DC
20401, on March 22, 2022. The commission also incorporates by reference and
makes a part of this rule the provisions of
49 CFR
391.49 as published by the United States
Government Publishing Office, 732 North Capitol Street NW, Washington, DC
20401, on February 22, 2022. This rule does not incorporate any subsequent
amendments or additions to 49 CFR 381,
391.41, and
391.49.
(5) Multiple Physical Conditions. The
director may deny applications for SPE certificates, and may suspend or revoke
SPE certificates, regarding any person who is not physically qualified pursuant
to the requirements of two (2) or more separate paragraphs within subsection
(b) of 49 CFR section
391.41, except a person who is physically
unqualified only pursuant to paragraphs (1) and (2) of that
subsection.
(6) Federal Exemption
or SPE Certification. Upon the filing of an application containing such
information as the director may require, the director may waive any procedural
requirements pursuant to this rule and shall issue an intrastate SPE
certificate to any driver who is authorized to operate commercial motor
vehicles in interstate commerce by a currently valid SPE certificate or hearing
exemption issued by the FMCSA. Each SPE certificate issued pursuant to this
section shall be conditioned upon the driver's continued possession of the
federal SPE certificate in good standing and the driver's compliance with all
applicable requirements, including all conditions specified in the driver's
federal SPE certificate, and any other conditions imposed by the
director.
(7) Operation in
Conformity with Terms of SPE Certificate. No person shall operate a commercial
motor vehicle by authority of any SPE certificate issued pursuant to this rule,
unless the vehicle is operated in conformity with all limitations,
requirements, and other terms specified in that SPE certificate.
(8) Suspension and Revocation. For good
cause, the director may revoke a person's SPE certificate after notice and an
opportunity for hearing before the Administrative Hearing Commission, or may
suspend the certificate until it is determined whether the certificate should
be revoked.
Notes
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