454.1010. Petition to stay a suspension, grounds, procedure--reinstatement fee required, when.

MISSOURI STATUTES AND CODES

454.1010. Petition to stay a suspension, grounds, procedure--reinstatement fee required, when.

Petition to stay a suspension, grounds, procedure--reinstatement feerequired, when.

454.1010. 1. An obligor may, at any time, petition a court or thedirector for an order to stay the suspension of a license. Any petitionseeking to stay an order of the director shall be served on the director.

2. The court or director may consider the obligor's petition for astay separately from any determination on the suspension of a license.

3. The court, but not the director, may stay suspension of a licenseupon a showing that a suspension or continued suspension of a license wouldcreate a significant hardship to the obligor, the obligor's employees, anylegal dependents residing in the obligor's household, or persons,businesses or other entities served by the obligor.

4. The court or director may stay suspension of a license upon entryof a payment plan or receipt of adequate assurance that the obligor shallcomply with an existing payment plan.

5. A stay shall terminate if:

(1) A court determines that the significant hardship circumstancepursuant to subsection 3 of this section has ended;

(2) The court or division determines that the obligor has failed toabide by the terms and conditions of a payment plan; or

(3) The order staying suspension of a license has a termination dateand such date has been reached.

6. If the licensing authority is notified of an order suspending alicense, the court or division shall send a copy of any order staying orreimposing suspension of the license to the licensing authority and theobligor by certified mail.

7. Upon receipt of an order staying or reimposing suspension of thelicense, the licensing authority shall:

(1) Enter the information on appropriate records;

(2) Issue notice of the action to the licensee; and

(3) If required by law, demand surrender of the suspended license orreturn the reinstated license.

8. No additional action by the licensing authority shall be requiredto implement a stay or reinstatement of suspension of a license.

9. This section shall be the exclusive remedy for the obligor toobtain an order staying suspension of a license pursuant to sections454.1000 to 454.1025. Any other provisions providing for the issuance ofhardship licenses, including, but not limited to, those provided in section302.309, RSMo, do not apply to suspensions pursuant to sections 454.1000 to454.1025.

10. No person shall be required to file proof of financialresponsibility with the department of revenue as a condition ofreinstatement of a driver's license suspended solely pursuant to theprovisions of sections 454.1000 to 454.1025.

11. Any person whose license to operate a motor vehicle in this statehas been suspended pursuant to this section shall, before having thelicense reinstated, pay to the director of revenue a reinstatement fee oftwenty dollars.