Topics:

MOTOR VEHICLES.
LIMITED DRIVING PRIVILEGES.

Summary conclusion

A court cannot grant a limited hardship privilege where a license has been revoked under the provisions of Section 302.291, RSMo.

December 12, 1968

Honorable Thomas A. David
Director of Revenue
State of Missouri
Jefferson Building
Jefferson City, Missouri 65101

Dear Mr. David

This is in answer to your request for an opinion from this office concerning the question whether or not a limited driving privilege can legally be granted by a court to a person whose driving privilege has been revoked under the provisions of Section 302.291, RSMo (found by examination to be incompetent or unqualified to retain his license or because he refused or neglected to submit to the examination).

It is our opinion that this cannot be done. Section 302.291 provides that:

The director, having good cause to believe that an operator, or chauffeur is incompetent or unqualified to retain his license, after giving ten days' notice to such person in writing by registered mail directed to his present known address, may require him to submit to the examination provided by section 302.173. Upon conclusion of the examination the director may allow the licensee to retain his license, may suspend or revoke the license of the licensee, or may issue to the examinee a license subject to restrictions as provided in section 302.301. The refusal or neglect of the operator or chauffeur to submit to such examination shall be ground for suspension or revocation of his license by the director, a magistrate or circuit court.

Section 302.309, subsection 3, (5), RSMo Supp. 1967, says:

No person is eligible to receive hardship driving privilege whose license has been suspended or revoked for the following reason: Who at the time he applies for such hardship driving privilege would not be eligible for a chauffeur's or operator's license because of the provisions of subdivisions (1), (2), (4), (5), (6), (7) and (8) of section 302.060.

Section 302.060, (6), RSMo Supp. 1967, says that no license shall be issued:

"To any person, either as a chauffeur or as an operator, who, when required by this law to take an examination, has failed to pass said examination."

Therefore, one who has not passed the examination, either through failure on the actual test or refusal or neglect to take it, is not eligible for a hardship driving privilege.

CONCLUSION

Therefore, it is our opinion that a court cannot grant a limited hardship privilege where a license has been revoked under the provisions of Section 302.291, RSMo.

The foregoing opinion, which I hereby approve, was prepared by my Assistant, Richard L. Wieler.

Very truly yours,

Norman H. Anderson
Attorney General