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City of Smithville, MO
Clay County
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Table of Contents
Table of Contents
[R.O. 1991 § 385.010; Ord. No. 2254-04 § 1, 3-16-2004]
A person commits the crime 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 or any other State and acts with criminal negligence with respect to knowledge of the fact that his/her driving privilege has been canceled, suspended or revoked.
[R.O. 1991 § 385.020; Ord. No. 2254-04 § 1, 3-16-2004]
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 hereunder or in violation of any of the provisions of Sections 302.010 to 302.260, RSMo.
[R.O. 1991 § 385.025; Ord. No. 2537-07 § 1, 2-6-2007]
A. 
Any person between the ages of sixteen (16) and eighteen (18) years who is qualified to obtain a license pursuant to Sections 302.010 to 302.340, RSMo., may apply for, and the director shall issue, an intermediate driver's license entitling the applicant, while having such license in his or her possession, to operate a motor vehicle of the appropriate class upon the highways of this State in conjunction with the requirements of this Section. An intermediate driver's license shall be readily distinguishable from a license issued to those over the age of eighteen (18). All applicants for an intermediate driver's license shall:
1. 
Successfully complete the examination required by Section 302.173, RSMo.;
2. 
Pay the fee required by Subsection (D) of this Section;
3. 
Have had a temporary instruction permit issued pursuant to Subsection (1) of Section 302.130, RSMo., for at least a six-month period or a valid license from another State; and
4. 
Have a parent, grandparent, legal guardian or, if the applicant is a participant in a Federal residential job training program, a driving instructor employed by a Federal residential job training program, sign the application stating that the applicant has completed at least forty (40) hours of supervised driving experience under a temporary instruction permit issued pursuant to Subsection (1) of Section 302.130, RSMo., or, if the applicant is an emancipated minor, the person over twenty-one (21) years of age who supervised such driving. For purposes of this Section, the term "emancipated minor" means a person who is at least sixteen (16) years of age but less than eighteen (18) years of age, who:
a. 
Marries with the consent of the legal custodial parent or legal guardian pursuant to Section 451.080, RSMo.;
b. 
Has been declared emancipated by a court of competent jurisdiction;
c. 
Enters active duty in the armed forces;
d. 
Has written consent to the emancipation from the custodial parent or legal guardian; or
e. 
Through employment or other means provides for such person's own food, shelter and other cost-of-living expenses.
5. 
Have had no alcohol-related enforcement contacts as defined in Section 302.525, RSMo., during the preceding twelve (12) months; and
6. 
Have no non-alcoholic traffic convictions for which points are assessed pursuant to Section 302.302, RSMo., within the preceding six (6) months.
B. 
An intermediate driver's license grants the licensee the same privileges to operate that classification of motor vehicle as a license issued pursuant to Section 302.177, RSMo., except that no person shall operate a motor vehicle on the highways of this State under such an intermediate driver's license between the hours of 1:00 A.M. and 5:00 A.M. unless accompanied by a person described in Subsection (1) of Section 302.130, RSMo., except the licensee may operate a motor vehicle without being accompanied if the travel is to or from a school or educational program or activity, a regular place of employment or in emergency situations as defined by the director by regulation.
C. 
Each intermediate driver's license shall be restricted by requiring that the driver and all passengers in the licensee's vehicle wear safety belts at all times. This safety belt restriction shall not apply to a person operating a motorcycle. For the first six (6) months after issuance of the intermediate driver's license, the holder of the license shall not operate a motor vehicle with more than one (1) passenger who is under the age of nineteen (19) who is not a member of the holder's immediate family. As used in this Subsection, an intermediate driver's license holder's immediate family shall include brothers, sisters, stepbrothers or stepsisters of the driver, including adopted or foster children residing in the same household of the intermediate driver's license holder. After the expiration of the first six (6) months, the holder of an intermediate driver's license shall not operate a motor vehicle with more than three (3) passengers who are under nineteen (19) years of age and who are not members of the holder's immediate family. The passenger restrictions of this Subsection shall not be applicable to any intermediate driver's license holder who is operating a motor vehicle being used in agricultural work-related activities.
D. 
Notwithstanding the provisions of Section 302.177, RSMo., to the contrary, the fee for an intermediate driver's license shall be five dollars ($5.00) and such license shall be valid for a period of two (2) years.
E. 
Any intermediate driver's licensee accumulating six (6) or more points in a twelve-month period may be required to participate in and successfully complete a driver improvement program approved by the State Highways and Transportation Commission. The driver improvement program ordered by the Director of Revenue shall not be used in lieu of point assessment.
F. 
Application For Full Driving Privileges — Requirements.
1. 
An intermediate driver's licensee who has, for the preceding twelve-month period, had no alcohol-related enforcement contacts, as defined in Section 302.525, RSMo., and no traffic convictions for which points are assessed, upon reaching the age of eighteen (18) years or within the thirty (30) days immediately preceding their 18th birthday may apply for and receive without further examination, other than a vision test as prescribed by Section 302.173, RSMo., a license issued pursuant to this Chapter granting full driving privileges. Such person shall pay the required fee for such license as prescribed in Section 302.177, RSMo.
2. 
If an intermediate driver's license expires on a Saturday, Sunday or legal holiday, such license shall remain valid for the five (5) business days immediately following the expiration date. In no case shall a licensee whose intermediate driver's license expires on a Saturday, Sunday or legal holiday be guilty of an offense of driving with an expired or invalid driver's license if such offense occurred within five (5) business days immediately following an expiration date that occurs on a Saturday, Sunday or legal holiday.
3. 
The Director of Revenue shall deny an application for a full driver's license until the person has had no traffic convictions for which points are assessed for a period of twelve (12) months prior to the date of application for license or until the person is eligible to apply for a six-year driver's license as provided for in Section 302.177, RSMo., provided the applicant is otherwise eligible for full driving privileges. An intermediate driver's license shall expire when the licensee is eligible and receives a full driver's license as prescribed in Subsection (A) of this Section.
G. 
No person upon reaching the age of eighteen (18) years whose intermediate driver's license and driving privilege is denied, suspended, canceled or revoked in this State or any other State for any reason may apply for a full driver's license until such license or driving privilege is fully reinstated. Any such person whose intermediate driver's license has been revoked pursuant to the provisions of Sections 302.010 to 302.540, RSMo., shall, upon receipt of reinstatement of the revocation from the director, pass the complete driver examination, apply for a new license and pay the proper fee before again operating a motor vehicle on the highways of this State.
H. 
A person shall be exempt from the intermediate licensing requirements if the person has reached the age of eighteen (18) years and meets all other licensing requirements.
I. 
Penalty. Any person who violates any of the provisions of this Section relating to intermediate driver's licenses or the provisions of Section 302.130, RSMo., relating to temporary instruction permits is guilty of an infraction and no points shall be assessed to his or her driving record for any such violation.
[R.O. 1991 § 385.030; Ord. No. 2254-04 § 1, 3-16-2004; Ord. No. 3070-20, 9-1-2020]
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 State unless the person has a valid license;
2. 
Operate a motorcycle or motortricycle upon any highway of this State 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;
4. 
Operate a motor vehicle with an instruction permit or license issued to another person.
5. 
Operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to the person.
B. 
Except as provided in Subsection (C), every person operating or riding as a passenger on any motorcycle or motortricycle, as defined in Section 301.010, RSMo., 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. 
Exceptions To Helmet Requirement.
1. 
Notwithstanding Section 385.030(B) of these ordinances, any qualified motorcycle operator who is twenty-six (26) years of age or older may operate a motorcycle or motortricycle upon any City street or highway without wearing protective headgear if he or she in addition to maintaining proof of financial responsibility in accordance with Chapter 303, RSMo., is covered by a health insurance policy or other form of insurance which will provide the person with medical benefits for injuries incurred as a result of an accident while operating or riding on a motorcycle or motortricycle.
2. 
Proof of coverage required by Subsection (C)(1) of this Section shall be provided, upon request by authorized law enforcement, by showing a copy of the qualified operator's insurance card.
3. 
No person shall be stopped, inspected, or detained solely to determine compliance with this Section.
[R.O. 1991 § 385.040; Ord. No. 2254-04 § 1, 3-16-2004]
A. 
It shall be unlawful for any person to:
1. 
Display or to permit to be displayed or to have in his/her possession, any license knowing the same to be fictitious or to have been canceled, suspended, revoked, disqualified or altered;
2. 
Lend to or knowingly permit the use of by another any license issued to the person so lending or permitting the use thereof;
3. 
Display or to represent as one's own, any license not issued to the person so displaying the same;
4. 
Fail or refuse to surrender to the Clerk of any division of the Circuit Court or the Director, any license which has been suspended, canceled, disqualified or revoked, as provided by law;
5. 
Use a false or fictitious name or give a false or fictitious address on any application for a license or any renewal or duplicate thereof or knowingly to make a false statement;
6. 
Knowingly to conceal a material fact or otherwise commit a fraud in any such application;
7. 
Authorize or consent to any motor vehicle owned by him/her or under his/her control to be driven by any person, when he/she has knowledge that such person has no legal right to do so or for any person to drive any motor vehicle in violation of any of the provisions of Sections 302.010 to 302.780, RSMo.;
8. 
Employ a person to operate a motor vehicle in the transportation of persons or property, with knowledge that such person has not complied with the provisions of Sections 302.010 to 302.780, RSMo., or whose license has been revoked, suspended, canceled or disqualified; or who fails to produce his/her license upon demand of any person or persons authorized to make such demand.
[R.O. 1991 § 385.050; Ord. No. 2254-04 § 1, 3-16-2004]
A. 
The following persons are exempt from license hereunder:
1. 
Any person while operating any farm tractor or implement of husbandry temporarily operated or moved on a highway;
2. 
A non-resident who is at least sixteen (16) years of age and who has in his/her immediate possession a valid license issued to him/her in his/her home State or country;
3. 
A non-resident who is at least eighteen (18) years of age and who has in his/her immediate possession a valid license issued to him/her in his/her home State or country which allows such person to operate a motor vehicle in the transportation of persons or property as classified in Section 302.015, RSMo.;
4. 
Convicted offenders of the department of corrections who have not been convicted of a motor vehicle felony as follows — driving while intoxicated, failing to stop after an accident and disclosing his/her identity or driving a motor vehicle without the owner's consent — may operate State-owned trucks for the benefit of the correctional facilities, provided that such offender shall be accompanied by a correctional officer or other staff person in such truck.