304.232. Municipal law enforcement officers, state highway patrol to approve certification procedures--fees--requirements--random roadside inspections prohibited, when--rulemaking authority.

MISSOURI STATUTES AND CODES

304.232. Municipal law enforcement officers, state highway patrol to approve certification procedures--fees--requirements--random roadside inspections prohibited, when--rulemaking authority.

Municipal law enforcement officers, state highway patrol to approvecertification procedures--fees--requirements--random roadsideinspections prohibited, when--rulemaking authority.

304.232. 1. The Missouri state highway patrol shall approveprocedures for the certification of municipal police officers, sheriffs,deputy sheriffs, and other law enforcement officials that enforce sections304.170 to 304.230.

2. The certification procedures shall meet the requirements of thememorandum of understanding between the state of Missouri and thecommercial vehicle safety alliance or any successor organization, asperiodically adopted or amended.

3. Commercial motor vehicle safety data collection, management, anddistribution by law enforcement officials shall be compatible with theinformation systems of the Missouri state highway patrol.

4. The Missouri state highway patrol shall establish reasonable feessufficient to recover the cost of training, recurring training, datacollection and management, certifying, and additional administrativefunctions for law enforcement officials approved under this section.

5. The agencies for which law enforcement officials approved underthis section shall adhere to the Motor Carrier Safety Assistance Programrequirements under 49 Code of Federal Regulations Part 350 of the FederalMotor Carrier Safety Regulations.

6. The agencies for which law enforcement officials approved underthis section shall be subject to periodic program reviews and be requiredto submit a commercial vehicle safety plan that is consistent with andincorporated into the statewide enforcement plan.

7. Beginning January 1, 2009, no local law enforcement officer mayconduct a random commercial motor vehicle roadside inspection to determinecompliance with the provisions of sections 304.170 to 304.230 unless thelaw enforcement officer has satisfactorily completed, as a part of his orher training, the basic course of instruction developed by the commercialvehicle safety alliance and has been approved by the Missouri state highwaypatrol under this section. Law enforcement officers authorized to enforcethe provisions of sections 304.170 to 304.230 shall annually receivein-service training related to commercial motor vehicle operations,including but not limited to training in current federal motor carriersafety regulations, safety inspection procedures, and out-of-servicecriteria. The annual training requirements shall be approved by thesuperintendent of the state highway patrol.

8. Law enforcement officers who have received commercial vehiclesafety alliance certification prior to January 1, 2009, shall be exemptfrom the provisions of this section and such officers shall be qualified toconduct random roadside inspections described under this section andsection 304.230.

9. The superintendent of the state highway patrol shall promulgaterules and regulations necessary to administer the certification proceduresand any other provisions of this section. Any rule or portion of a rule,as that term is defined in section 536.010, RSMo, that is created under theauthority delegated in this section shall become effective only if itcomplies with and is subject to all of the provisions of chapter 536, RSMo,and, if applicable, section 536.028, RSMo. This section and chapter 536,RSMo, are nonseverable and if any of the powers vested with the generalassembly pursuant to chapter 536, RSMo, to review, to delay the effectivedate, or to disapprove and annul a rule are subsequently heldunconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2008, shall be invalid and void.