544.046. Compact--entered into. - Missouri Statutes

Compact--entered into.

544.046. The Nonresident Violator Compact, hereinaftercalled "the compact," is hereby enacted into law and enteredinto with all other jurisdictions legally joining therein in theform substantially as follows:

Article I

(a) The party jurisdictions find that:

(1) In most instances, a motorist who is cited for atraffic violation in a jurisdiction other than his homejurisdiction:

(i) Must post collateral or bond to secure appearance fortrial at a later date; or

(ii) If unable to post collateral or bond, is taken intocustody until the collateral or bond is posted; or

(iii) Is taken directly to court for his trial to be held.

(2) In some instances, the motorist's driver's license maybe deposited as collateral to be returned after he has compliedwith the terms of the citation.

(3) The purpose of the practices described in paragraphs(1) and (2) above is to ensure compliance with the terms of atraffic citation by the motorist who, if permitted to continueon his way after receiving the traffic citation, could return tohis home jurisdiction and disregard his duty under the terms ofthe traffic citation.

(4) A motorist receiving a traffic citation in his homejurisdiction is permitted, except for certain violations, toaccept the citation from the officer at the scene of theviolation and to immediately continue on his way after promisingor being instructed to comply with the terms of the citation.

(5) The practice described in paragraph (1) above causesunnecessary inconvenience and, at times, a hardship for themotorist who is unable at the time to post collateral, furnish abond, stand trial, or pay the fine, and thus is compelled toremain in custody until some arrangement can be made.

(6) The deposit of a driver's license as a bail bond, asdescribed in paragraph (2) above, is viewed with disfavor.

(7) The practices described herein consume an undue amountof law enforcement time.

(b) It is the policy of the party jurisdictions to:

(1) Seek compliance with the laws, ordinances, andadministrative rules and regulations relating to the operationof motor vehicles in each of the jurisdictions.

(2) Allow motorists to accept a traffic citation forcertain violations and proceed on their way without delaywhether or not the motorist is a resident of the jurisdiction inwhich the citation was issued.

(3) Extend cooperation to its fullest extent among thejurisdictions for obtaining compliance with the terms of atraffic citation issued in one jurisdiction to a resident ofanother jurisdiction.

(4) Maximize effective utilization of law enforcementpersonnel and assist court systems in the efficient dispositionof traffic violations.

(c) The purpose of this compact is to:

(1) Provide a means through which the party jurisdictionsmay participate in a reciprocal program to effectuate thepolicies enumerated in paragraph (b) above in a uniform andorderly manner.

(2) Provide for the fair and impartial treatment of trafficviolators operating within party jurisdictions in recognition ofthe motorist's right of due process and the sovereign status ofa party jurisdiction.

Article II

(a) In the Nonresident Violator Compact, the followingwords have the meaning indicated, unless the context requiresotherwise.

(b)(1) "Citation" means any summons, ticket, or otherofficial document issued by a police officer for a trafficviolation containing an order which requires the motorist torespond.

(2) "Collateral" means any cash or other security depositedto secure an appearance for trial, following the issuance by apolice officer of a citation for a traffic violation.

(3) "Court" means a court of law or traffic tribunal.

(4) "Driver's license" means any license or privilege tooperate a motor vehicle issued under the laws of the homejurisdiction.

(5) "Home jurisdiction" means the jurisdiction that issuedthe driver's license of the traffic violator.

(6) "Issuing jurisdiction" means the jurisdiction in whichthe traffic citation was issued to the motorist.

(7) "Jurisdiction" means a state, territory, or possessionof the United States, the District of Columbia, or theCommonwealth of Puerto Rico.

(8) "Motorist" means a driver of a motor vehicle operatingin a party jurisdiction other than the home jurisdiction.

(9) "Personal recognizance" means an agreement by amotorist made at the time of issuance of the traffic citationthat he will comply with the terms of that traffic citation.

(10) "Police officer" means any individual authorized bythe party jurisdiction to issue a citation for a trafficviolation.

(11) "Terms of the citation" means those options expresslystated upon the citation.

Article III

(a) When issuing a citation for a traffic violation, apolice officer shall issue the citation to a motorist whopossesses a driver's license issued by a party jurisdiction andshall not, subject to the exceptions noted in paragraph (b) ofthis article, require the motorist to post collateral to secureappearance, if the officer receives the motorist's signed,personal recognizance that he or she will comply with the termsof the citation.

(b) Personal recognizance is acceptable only if notprohibited by law. If mandatory appearance is required, it musttake place immediately following issuance of the citation.

(c) Upon failure of a motorist to comply with the terms ofa traffic citation, the appropriate official shall report thefailure to comply to the licensing authority of the jurisdictionin which the traffic citation was issued. The report shall bemade in accordance with procedures specified by the issuingjurisdiction and shall contain information as specified in theCompact Manual as minimum requirements for effective processingby the home jurisdiction.

(d) Upon receipt of the report, the licensing authority ofthe issuing jurisdiction shall transmit to the licensingauthority in the home jurisdiction of the motorist theinformation in a form and content as contained in the CompactManual.

(e) The licensing authority of the issuing jurisdiction maynot suspend the privilege of a motorist for whom a report hasbeen transmitted.

(f) The licensing authority of the issuing jurisdictionshall not transmit a report on any violation if the date oftransmission is more than six months after the date on which thetraffic citation was issued.

(g) The licensing authority of the issuing jurisdictionshall not transmit a report on any violation where the date ofissuance of the citation predates the most recent of theeffective dates of entry for the two jurisdictions affected.

Article IV

(a) Upon receipt of a report of a failure to comply fromthe licensing authority of the issuing jurisdiction, thelicensing authority of the home jurisdiction shall notify themotorist and initiate a suspension action, in accordance withthe home jurisdiction's procedures, to suspend the motorist'sdriver's license until satisfactory evidence of compliance withthe terms of the traffic citation has been furnished to the homejurisdiction licensing authority. Due process safeguards willbe accorded.

(b) The licensing authority of the home jurisdiction shallmaintain a record of actions taken and make reports to issuingjurisdictions as provided in the Compact Manual.

Article V

Except as expressly required by provisions of this compact,nothing contained herein shall be construed to affect the rightof any party jurisdiction to apply any of its other lawsrelating to licenses to drive to any person or circumstance, orto invalidate or prevent any driver license agreement or othercooperative arrangement between a party jurisdiction and anonparty jurisdiction.

Article VI

(a) For the purpose of administering the provisions of thiscompact and to serve as a governing body for the resolution ofall matters relating to the operation of this compact, a Boardof Compact Administrators is established. The board shall becomposed of one representative from each party jurisdiction tobe known as the compact administrator. The compactadministrator shall be appointed by the jurisdiction executiveand will serve and be subject to removal in accordance with thelaws of the jurisdiction he represents. A compact administratormay provide for the discharge of his duties and the performanceof his functions as a board member by an alternate. Analternate may not be entitled to serve unless writtennotification of his identity has been given to the board.

(b) Each member of the Board of Compact Administratorsshall be entitled to one vote. No action of the board shall bebinding unless taken at a meeting at which a majority of thetotal number of votes on the board are cast in favor. Action bythe board shall be only at a meeting at which a majority of theparty jurisdictions are represented.

(c) The board shall elect annually, from its membership, achairman and a vice chairman.

(d) The board shall adopt bylaws, not inconsistent with theprovisions of this compact or the laws of a party jurisdiction,for the conduct of its business and shall have the power toamend and rescind its bylaws.

(e) The board may accept for any of its purposes andfunctions under this compact any and all donations, and grantsof money, equipment, supplies, materials, and services,conditional or otherwise, from any jurisdiction, the UnitedStates, or any other governmental agency, and may receive,utilize, and dispose of the same.

(f) The board may contract with, or accept services orpersonnel from, any governmental or intergovernmental agency,person, firm, or corporation, or any private nonprofitorganization or institution.

(g) The board shall formulate all necessary procedures anddevelop uniform forms and documents for administering theprovisions of this compact. All procedures and forms adoptedpursuant to board action shall be contained in the CompactManual.

Article VII

(a) This compact shall become effective when it has beenadopted by at least two jurisdictions.

(b)(1) Entry into the compact shall be made by a Resolutionof Ratification executed by the authorized officials of theapplying jurisdiction and submitted to the chairman of theboard.

(2) The resolution shall be in a form and content asprovided in the Compact Manual and shall include statements thatin substance are as follows:

(i) A citation of the authority by which the jurisdictionis empowered to become a party to this compact.

(ii) Agreement to comply with the terms and provisions ofthe compact.

(iii) That compact entry is with all jurisdictions thenparty to the compact and with any jurisdiction that legallybecomes a party to the compact.

(3) The effective date of entry shall be specified by theapplying jurisdiction, but it shall not be less than 60 daysafter notice has been given by the chairman of the Board ofCompact Administrators or by the secretariat of the board toeach party jurisdiction that the resolution from the applyingjurisdiction has been received.

(c) A party jurisdiction may withdraw from this compact byofficial written notice to the other party jurisdictions, but awithdrawal shall not take effect until 90 days after notice ofwithdrawal is given. The notice shall be directed to thecompact administrator of each member jurisdiction. Nowithdrawal shall affect the validity of this compact as to theremaining party jurisdictions.

Article VIII

The provisions of this compact shall not apply to parking orstanding violations, highway weight limit violations, andviolations of law governing the transportation of hazardousmaterials.

Article IX

(a) This compact may be amended from time to time.Amendments shall be presented in resolution form to the chairmanof the Board of Compact Administrators and may be initiated byone or more party jurisdictions.

(b) Adoption of an amendment shall require endorsement ofall party jurisdictions and shall become effective 30 days afterthe date of the last endorsement.

(c) Failure of a party jurisdiction to respond to thecompact chairman within 120 days after receipt of the proposedamendment shall constitute endorsement.

Article X

This compact shall be liberally construed so as toeffectuate the purposes stated herein. The provisions of thiscompact shall be severable and if any phrase, clause, sentence,or provision of this compact is declared to be contrary to theconstitution of any party jurisdiction or of the United Statesor the applicability thereof to any government, agency, person,or circumstance, the compact shall not be affected thereby. Ifthis compact shall be held contrary to the constitution of anyjurisdiction party thereto, the compact shall remain in fullforce and effect as to the remaining jurisdictions and in fullforce and effect as to the jurisdiction affected as to allseverable matters.

Article XI

This compact shall be known as the Nonresident ViolatorCompact.

(L. 1980 H.B. 980 § 1)

(1991) Missouri nonresident violator compact does not infringe upon the rights of the national government in violation of art. 1, sec. 10, U.S.C.A. State v. Kurt, 802 S.W.2d 954 (Mo.banc).