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Municipal Clerk Manual – Courts without JIS



Section/Rule:
3.6

Subject:
Chapter 3 - Citation Case Processing Procedures
Publication / Adopted Date:
September 1995

Topic:
Non Resident Violator Compact
Revised / Effective Date:
January 2018
Municipal Clerk Handbook
Courts without JIS
Chapter Three - Citation Case Processing Procedures


3.6 - Nonresident Violator Compact

References
Statutes: 544.046, RSMo
Publication: September 1995
Revised: January 2018

Quick Index

Clerk’s Duties/Procedures
Missouri Driver License Bureau Procedures
Nonresident Violator Compact Forms
Notification to Violator

Introduction

The Nonresident Violator Compact guarantees nonresident motorists receiving citations for traffic violations in another state will receive the same treatment given resident motorists. It is at the discretion of the resident state to take whatever action it deems necessary.

The Federal Motor Carrier Safety Improvement Act (MCSIA) 49 CFR 383 requires all states submit and receive nonresident violator notifications for traffic control violations, other than parking, committed by any person holding a commercial driver’s license (CDL) or driving a commercial motor vehicle (CMV) who is licensed by their state or the offense was committed in their state by an out of state driver.

Procedures are established whereby a nonresident receiving a traffic citation in another state must fulfill the terms of the citation or face the possibility of license suspension in the motorist’s licensing state until the terms of the citation are met. The nonresident violator notices shall be sent to all states, including the six non-member states, for all moving and non-moving traffic violations, including alcohol and drug-related offenses. All state laws differ in regard to moving and non-moving violations; therefore, all violations should be forwarded to the Missouri Department of Revenue (DOR). Violations that are considered non-moving, non-point assessable in Missouri may be a moving, point assessable violation in another state.

Note: Reporting all moving and non-moving traffic violations to ALL states, including the six non-member states, allows Missouri to meet MCSIA CDL reporting requirements.

The licensing authority of the issuing jurisdiction, which in this state is DOR, will not transmit a report on any violation if the date of transmission is more than six months after the date the citation was issued.

Notification to Violator

Local courts are not required to notify a defendant who fails to comply with the terms of the citation(s). However, a mailed notice from the local court may result in greater compliance at the local level. Notice to the defendant may be made by regular mail and should give the defendant a specific amount of time to take care of the traffic ticket before notification is made to the Missouri Driver License Bureau. If the defendant complies, no further action is necessary.

Nonresident Violator Compact Forms

The Driver License Bureau provides a four-part Nonresident Violator Compact form to be used by courts to make a violations report. A supply of the forms may be obtained by contacting the Department of Revenue, Driver License Bureau, P.O. Box 200, Jefferson City, Missouri 65102-0200; by calling (573) 751-4475; by faxing a request to (573) 526-2511; or by e-mail to dlbmail@dor.mo.gov. A Nonresident Violator Compact (DOR 2283) form and information for completion are available at the end of this section.

Missouri Driver License Bureau Procedures

The Driver License Bureau will notify the out-of-state resident’s Motor Vehicle Administrator by mail of that person’s failure to comply with a traffic citation issued in Missouri. Upon receipt of the report, the home state licensing authority may notify the motorist and initiate action to suspend the motorist’s driver license. If suspension action is taken it will remain in effect until evidence of satisfactory compliance with the terms of the traffic citation and any additional reinstatement requirements have been furnished. States may not always suspend the driving privilege of their driver based on their state laws.

Clerk’s Duties/Procedures

Optional Notice

1. Prepare and provide notice DOR2283 to the out-of-state defendant that proceedings may be initiated in their state of licensure on a specific date if the case is not disposed prior to that date. 2. Make a docket entry indicating when and how notice was provided to the out-of-state defendant. 3. File a copy of the notice provided in the case file.

Initiation of Compact Proceedings

1. Prepare DOR Form 2283, the Nonresident Violator Compact form.
2. Provide Ply 1 – Defendant’s Notice to the out-of-state defendant.

3. File the remaining parts of the form (ply 2 – Transmission by DOR to the Home Jurisdiction, ply 3 – Compliance Notification and ply 4 – Court Copy) in the case file for later use.

4. Make a docket entry indicating any relevant details regarding when, to whom and how Ply 1 – Defendant’s Notice of the Nonresident Violator Compact form was distributed.

5. Schedule the case on the calendar or tickler system for 15 days from the date the Defendant’s Notice was mailed.

6. If the defendant responds within the allowable time frame, see the Compliance section to continue appropriate case processing.

7. If the defendant fails to respond within the allowable time frame, see the Noncompliance section to continue appropriate case processing.

Compliance

1. If payment of fine and costs are received, proceed with appropriate case disposition. See section 3.1, Case Disposition Procedures.

2. Prepare and provide Ply 3 – Compliance Notification of the Nonresident Violator Compact form to:

3. Provide the defendant proof of compliance. The defendant’s cost and fine receipt is to serve as proof of compliance. Indicate the traffic violation number on the receipt.

4. Make a docket entry indicating any relevant details regarding when, to whom and how Ply 3 – Compliance Notification was distributed.

5. File Ply 4 – Court Copy of the Nonresident Violator Compact form in the case file.

6. File the case with other disposed cases.

Noncompliance

1. If the defendant fails to comply within 15 days, prepare and provide Ply 2 – For Transmission by DOR to the Home Jurisdiction of the Nonresident Violator Compact form to:


2. Make a docket entry indicating any relevant details regarding when, to whom and how Ply 2 – For Transmission by DOR to the Home Jurisdiction was distributed.

3. File Ply 4 – Court Copy of the Nonresident Violator Compact form in the case file.

4. File the case with other pending cases.

5. When the defendant complies, see the Compliance section to continue appropriate case processing.


Forms
DOR Form 2283 - Nonresident Violator Compact