[R.O. 2012 §390.010]
The following words, terms and phrases, when in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Each Circuit Court in the State.
A motor vehicle designed or regularly used for carrying freight
and merchandise, or more than fifteen (15) passengers.
Any final conviction; also a forfeiture of bail or collateral
deposited to secure a defendant's appearance in court, which forfeiture
has not been vacated, shall be equivalent to a conviction, except
that when any conviction as a result of which points are assessed
pursuant to Section 302.302, RSMo., is appealed, the term "conviction" means the original judgment of conviction for
the purpose of determining the assessment of points, and the date
of final judgment affirming the conviction shall be the date determining
the beginning of any license suspension or revocation pursuant to
Section 302.304, RSMo.
The Director of Revenue acting directly or through the Director's
authorized officers and agents.
Every motor vehicle designed and used primarily as a farm
implement for drawing plows, mowing machines and other implements
of husbandry.
Any public thoroughfare for vehicles, including State roads,
County roads and public streets, avenues, boulevards, parkways, or
alleys in any municipality.
A person who has become physically incapable of meeting the
prescribed requirements of an examination for an operator's license,
or who has been adjudged by a probate division of the Circuit Court
in a capacity hearing of being incapacitated.
A license issued by a State to a person which authorizes
a person to operate a motor vehicle.
Any self-propelled vehicle not operated exclusively upon
tracks except motorized bicycles, as defined in Section 307.180, RSMo.
A motor vehicle operated on two (2) wheels; however, this
definition shall not include motorized bicycles as defined in Section
301.010, RSMo.
A motor vehicle operated on three (3) wheels, including a
motorcycle operated with any conveyance, temporary or otherwise, requiring
the use of a third (3rd) wheel.
That character of traffic violation where at the time of
violation the motor vehicle involved is in motion, except that the
term does not include the driving of a motor vehicle without a valid
motor vehicle registration license, or violations of Sections 304.170
to 304.240, RSMo., inclusive, relating to sizes and weights of vehicles.
Every division of the Circuit Court having original jurisdiction
to try persons for violations of City ordinances.
Every person who is not a resident of this State.
Every person who is in actual physical control of a motor
vehicle upon a highway.
A person who holds the legal title of a vehicle or in the
event a vehicle is the subject of an agreement for the conditional
sale or lease thereof with the right of purchase upon performance
of the conditions stated in the agreement and with an immediate right
of possession vested in the conditional vendee or lessee, or in the
event a mortgagor of a vehicle is entitled to possession, then such
conditional vendee or lessee or mortgagor shall be deemed the owner
for the purpose of Sections 302.010 to 302.540, RSMo.
Includes, but is not limited to, papers, documents, facsimile
information, microphotographic process, electronically generated or
electronically recorded information, digitized images, deposited or
filed with the Department of Revenue.
When used in Sections 302.010 to 302.540, RSMo., means any
motor vehicle, either publicly or privately owned, used to transport
students to and from school, or to transport pupils properly chaperoned
to and from any place within the State for educational purposes. The
term "school bus" shall not include a bus operated
by a public utility, municipal corporation or common carrier authorized
to conduct local or interstate transportation of passengers when such
bus is not traveling a specific school bus route but is:
An operator who operates a school bus as defined in this
Section in the transportation of any school children and who receives
compensation for such service. The term "school bus operator" shall not include any person who transports school children as an
incident to employment with a school or school district, such as a
teacher, coach, administrator, secretary, school nurse, or janitor
unless such person is under contract with or employed by a school
or school district as a school bus operator.
Any method determined by the Director of Revenue for the
signing, subscribing or verifying of a record, report, application,
driver's license, or other related document that shall have the same
validity and consequences as the actual signing by the person providing
the record, report, application, driver's license or related document.
A program certified by the Division of Alcohol and Drug Abuse
of the Department of Mental Health to provide education or rehabilitation
services pursuant to a professional assessment screening to identify
the individual needs of the person who has been referred to the program
as the result of an alcohol or drug related traffic offense. Successful
completion of such a program includes participation in any education
or rehabilitation program required to meet the needs identified in
the assessment screening. The assignment recommendations based upon
such assessment shall be subject to judicial review as provided in
Section 302.304(13), RSMo., and Section 302.540(1-5), RSMo.
Any mechanical device on wheels, designed primarily for use,
or used on highways, except motorized bicycles, vehicles propelled
or drawn by horses or human power, or vehicles used exclusively on
fixed rails or tracks, or cotton trailers or motorized wheelchairs
operated by handicapped persons.
[R.O. 2012 §390.020]
A.
Unless
otherwise provided for by law, it shall be unlawful for any person,
except those expressly exempted by Section 302.080, RSMo., to:
1.
Operate any vehicle upon any highway in this City unless the person
has a valid license;
2.
Operate a motorcycle or motortricycle upon any highway of this City
unless such person has a valid license that shows the person has successfully
passed an examination for the operation of a motorcycle or motortricycle
as prescribed by the Director. The Director may indicate such upon
a valid license issued to such person, or shall issue a license restricting
the applicant to the operation of a motorcycle or motortricycle if
the actual demonstration, required by Section 302.173, RSMo., is conducted
on such vehicle;
3.
Authorize or knowingly permit a motorcycle or motortricycle owned
by such person or under such person's control to be driven upon any
highway by any person whose license does not indicate that the person
has passed the examination for the operation of a motorcycle or motortricycle
or has been issued an instruction permit therefor; or
4.
Operate a motor vehicle with an instruction permit or license issued
to another person.
B.
Every person operating or riding as a passenger on any motorcycle or motortricycle, as defined in Section 390.010 of this Code, upon any highway of this City shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the Director.
C.
Notwithstanding the provisions of Section 302.340, RSMo., violation of Subsection (A) of this Section shall be deemed an ordinance violation and the penalty for failure to wear protective headgear as required by Subsection (B) of this Section shall be deemed an infraction for which a fine not to exceed twenty-five dollars ($25.00) may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation. No points shall be assessed pursuant to Section 302.302, RSMo., for a failure to wear such protective headgear.
[R.O. 2012 §390.030]
No person shall cause or knowingly permit his/her child or ward
under the age of sixteen (16) years to drive a motor vehicle upon
any street when such minor is not authorized under this Chapter, or
in violation of any of the provisions of this Chapter or Sections
302.010 to 302.260, RSMo.
[R.O. 2012 §390.040]
No person shall authorize or knowingly permit a motor vehicle
owned by him/her or under his/her control to be driven upon any highway
by any person who is not authorized under this Chapter or in violation
of any of the provisions of this Chapter or Sections 302.010 to 302.260,
RSMo.
[R.O. 2012 §390.050; CC 1992 §22-30; Ord. No. 1634, 4-11-1983]
No person shall operate a motor vehicle in any manner in violation
of the restrictions imposed in a restricted license issued to him/her.
[R.O. 2012 §390.060]
A.
A person
commits the offense of driving while revoked if he/she operates a
motor vehicle on a highway when his/her license or driving privilege
has been canceled, suspended or revoked under the laws of this state
and acts with criminal negligence with respect to knowledge of the
fact that his/her driving privilege has been canceled, suspended or
revoked.
B.
Driving
while revoked is an ordinance violation. No court shall suspend the
imposition of sentence as to such a person nor sentence such person
to pay a fine in lieu of a term of imprisonment, nor shall such person
be eligible for parole or probation until he/she has served a minimum
of forty-eight (48) consecutive hours of imprisonment, unless as a
condition of such parole or probation, such person performs at least
ten (10) days involving at least forty (40) hours of community service
under the supervision of the court in those jurisdictions which have
a recognized program for community service.
