Safety Requirements

PURPOSE: This rule establishes regulations for the operation, driver and equipment requirements of commercial motor vehicles and trailers as authorized by section 307.400, RSMo (1986). Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the rule has been filed with the secretary of state. The entire text of the rule may be found at the headquarters of the agency and is available to any interested person at a cost established by state law. This rule incorporates by reference 49 CFR 390–397 and 49 CFR 100–199. (1) Commercial motor vehicles and trailers, in addition to all requirements of state law and consistent with section 307.400, RSMo (1986), shall be operated and equipped in compliance with the requirements for drivers and vehicles established in 49 CFR 390–397 and 49 CFR 100–199. (2) Commercial motor vehicles and trailers may be declared out-of-service when their mechanical condition, loading or operation would likely cause an accident, breakdown or hazard to the public because of noncompliance with 49 CFR 390–397; or when public safety is threatened by failure to comply with the requirements for transporting hazardous materials as set forth in 49 CFR 100–199. Vehicles placed out-of-service shall not be operated on public highways until such defects which caused the out-of-service action have been corrected. (3) Drivers may be declared out-of-service when they have been on duty in excess of the maximum periods permitted by 49 CFR 395 or for failure to maintain a record of current duty status as required by 49 CFR 395. No driver who has been declared out-of-service shall operate a commercial motor vehicle until that driver can lawfully do so under the conditions of 49 CFR 395. (4) Accidents involving commerical motor vehicles will be reported by law enforcement agencies authorized to report acccidents and submit accident reports to the Missouri State Highway Patrol in accordance with sections 43.250 and 43.251, RSMo. (5) The planting season begins on January 1 and ends on December 31 of each calendar year. The harvesting season begins on January 1 and ends on December 31 of each calendar year. AUTHORITY: section 307.400, RSMo (Supp. 1995).* Emergency rule filed Aug. 3, 1984, effective Aug. 13, 1984, expired Dec. 10, 1984. Original rule filed Sept. 6, 1984, effective Dec. 13, 1984. Amended: Filed June 5, 1996, effective Jan. 30, 1997. *Original authority 1984, amended 1986, 1988, 1991, 1993, 1995.