Driver Examination Denial

PURPOSE: This rule establishes the authority of the Missouri State Highway Patrol and Department of Revenue to deny further skills test to an applicant for a Missouri drivers license. (1) If an applicant fails the skills test after three (3) attempts, the Missouri State Highway Patrol shall not permit the applicant to take a fourth skills test until the director of revenue approves the applicant for further testing. (2) The director shall review the denial report and supporting documentation received from the Missouri State Highway Patrol. Information reviewed shall include, but not be limited to, test scores, physical abilities, driving problem(s) and driver examiner recommendations. The director may solicit recommendations, when appropriate, from the Medical/Vision Advisory Board. (3) Based upon this review, the director may— (A) Deny further testing; (B) Allow the applicant to test at a different site with a different examiner; (C) Request the applicant to fulfill other conditions as may be deemed necessary to successfully complete the skills test; or (D) Request the applicant to enroll in a driver training course to improve his/her driving skills. While in training, the applicant shall possess a valid temporary instruction permit as specified in 12 CSR 10-24.402 to legally operate a motor vehicle. (4) If the director refers the applicant for training, the driver training instructor shall submit the results of the applicant’s training to the director. (A) If the applicant fails the training program, another skills test shall not be given for one (1) year and the person’s driving privilege shall be revoked. (B) If the applicant fails the training program and has never been licensed in Missouri, the person’s driving privilege shall be denied for one (1) year. (C) If the applicant passes the training program and the driver training instructor’s recommendations are acceptable to the director, another skills test shall be authorized for the applicant to take. (5) Any decision of the director shall be given to the applicant in writing by registered mail. Any person who is aggrieved by the decision of the director may appeal to the circuit court in the county of residence as prescribed in section 302.311, RSMo. AUTHORITY: section 302.173, RSMo Supp. 1989.* Original rule filed Feb. 28, 1992, effective Aug. 6, 1992. *Original authority: 302.173, RSMo 1951, amended 1965, 1971, 1983, 1987, 1989.