Wife and minor children of a person in military service stationed in Missouri who have a valid operator’s license of the state of his residence are not required to obtain an operator’s license from this state.

OP:ERATOR Is LICE!TSE : l~OTOR VEHICLES : DRIVER ' S LICIDJSE : Wife and minor children of a person in mil]ary service stationed in ~dssouri wno have a valid operator ' s license of the state of his residence are not required to obtain an operator ' s license from this state . January 24, 1963 Honorable Arthur B. Cohn Prorsecut1ng Attorne1 Pulaski County Wayne:sv1.lle, M1saoun Dear Mr. Oohn: Opinion No . 34~ - 62 30 - 63 F \ L E. 0 In your letter of recent date, you requested an opinion f rom this office 1n the following language: "Would ¥OU pleaee f urnish me with an opinion 1n regard to the following a1 tu- at.ion; "Ho. 1 Section 302.020 makes it unlawf ul f or &nT person to dr1 ve aa an operator or chauffeur any vehicle upon the h1$h• \'taJa of the State of Miaaourl without a valid operator ' s license or chauffeur' s license, iasued by the state ot Miaaouri. "No. 2 section 302.080 exempt a f rom th1a law non- reaidenta of the State of Missouri. "Facta: A 1d.fe1 ~n, daughter, or other dependent or a m111t8r7 man stationed at a military oaee in the state of Miaaouri hao a valid operator' s license f rom a sister atate . fhe m111t&rJ man is a non- resident of the State of M1saour1, with his home in a eister state, but the military man an4 the dependents physically reside in the State o£ M1aaour:1. Honorable Arthur B. Cohn -2- nQuest1on: Does the Law or the state or Mlaeour1 require the dependents of the military man to have a M1aaour1 operator•e or chauffeur's license while 1n the state or Missouri not withstanding that the dependent has a valid license f rom a sister state which is the home of the mill tary man. n In your letter you state that the person you have in mind is a nonresident or Missouri with a home 1n a sister state and is serving i n military serv:1ce in thie state. You f urther state that his wife, daughter and other dependent are phye1cally present in this state. You do not state the relationship of the dependent so this opinion will be restricted to the wife and minor children and the law as 1 t applies to them. Section 302.020, RSJI:) 1959, makes it unlawful for any person to drive a motor vehicle upon any highway or this state unless he has a valid l1cenee as an operator or a motor vehicle as required by Chapter 302, RSl'lo 1959. Section 302.o80, RS)t) 1959, exeJII)ts certain persons f rom the provisions or this chapter as follows: " (2) A nonresident who is at least six- teen years of age and who has ~ his immediate posseaaton a valid operator's license issued to him in hie home state .or country may operate a motor vehicle in this state only as an operator. 11 Section 302.010. RSMo 1959. defines a nonresident as f'ollows: "' Nonresident 1 • every pel'son who is not a resident of this state;" It must be noticed that under section 302. o80 that a nonresident of the state who has in hie i.mmediate poasess1.on a valid operator's license issued to him by the state of his residence is not required to have an operator • s license issued by this state. Therefore, the answer to your questions will depend upon the determination of residence of the persons in question. Honorable Arthur B. Cohn -3- Ordinar1ly1 the res1d~ce or a person in military service remains unchanged when he enters service. This is so because he acts under military orders and not of his own volition. Oliver v. Oliver~ 325 S.W. 2d 33. At conmon law and in this state. a wife ' a domicile is that or her husband during cohabitation. Hairs v. Hairs1 300 S. W. 540~ 222 MO. App. 941; Phelps v. Phelps, 246 S.W. 2d 838. Under these decisions the residence of ~he ~re would be the same •s that of her husband. Since her husband. is a resident of another state. 8he l1Jtew1se :1e a resident or the same state and as long ae 8he has a valid operator' e license issued t ·o her by that state it 1a not neoessarv f or her to have one f rom this state. Ord1nar1ly1 the domicile or legal residence of a minOr child 1a the same as that or the father unless the parents of the children are separated and then the child takes the domicile of the parent with whom it lives. Beckman v. Beckman, 218 s .W.2d 566, 356 MO. 1029. under the r aote that you have aubm1tted the minor children of the man in military service would have the same residence as that of their rather and they are likewise nonresidents of M1saour1. It the minor children are at least 16 years o£ age and have in their pos11eaat6n a valid operator's license issued by the state of reeidence of their t ather1 it is not necessary f or them to have an operator' s license issued by this state although they are phyncally preaent and living in this state. CONCLUSZON The wife and minor children 16 years or age or older of a nonresident man serving in the m1li.tary servi¢e and who are living 1n Missouri while be is a~ationeo 1n Mlssouri and who have valid motor vehicle operator• s liceneee issued to them by the state o£ his resi.clence do not have to obtain an operator' a license from this state. The foregoing opinion, which I hereby approve, was pNpared by my Assistant, MOody Mansur. lOblt ver.v truly yours# tHOMAs F. IAGLITON Attorney General