As used in this Chapter unless the context requires another
or different construction, the following words shall have the meanings
set out herein:
Approved by the director of revenue and when applied to lamps
and other illuminating devices means that such lamps and devices must
be in good working order;
An additional lighting device on a motor vehicle used primarily
to supplement the headlamps in providing general illumination ahead
of a vehicle;
A major lighting device capable of providing general illumination
ahead of a vehicle;
The distance from the center of the lamp to the surface on
which the vehicle stands;
Headlamps or similar devices arranged so as to permit the
driver of the vehicle to use one (1) of two (2) or more distributions
of light on the road;
An approved device designed and used to give an indication
by reflected light;
Headlamps or similar devices arranged so as to permit the
driver of the vehicle to use but one (1) distribution of light on
the road;
Every device in, upon or by which a person or property is
or may be transported upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks;
At any time from a one-half (½) hour after sunset
to a one-half (½) hour before sunrise and at any other time
when there is not sufficient light to render clearly discernible persons
and vehicles on the highway at a distance of five hundred (500) feet
ahead.
The subsequent provisions of this Chapter with respect to equipment
and lights on vehicles shall not apply to agricultural machinery and
implements, road machinery, road rollers, traction engines, motorized
bicycles or farm tractors except as in this Chapter made applicable.
No person shall drive, move, park or be in custody of any vehicle
or combination of vehicles on any street or highway during the times
when lighted lamps are required unless such vehicle or combination
of vehicles displays lighted lamps and illuminating devices as hereinafter
in this Chapter required. No person shall use on any vehicle any approved
electric lamp or similar device unless the light source of such lamp
or device complies with the conditions of approval as to focus and
rated candlepower.
Except as in this Chapter provided, every motor vehicle other
than a motor-drawn vehicle and other than a motorcycle shall be equipped
with at least two (2) approved headlamps mounted at the same level
with at least one (1) on each side of the front of the vehicle. Every
motorcycle shall be equipped with at least one (1) and not more than
two (2) approved headlamps. Every motorcycle equipped with a sidecar
or other attachment shall be equipped with a lamp on the outside limit
of such attachment capable of displaying a white light to the front.
Every person driving a motor vehicle equipped with multiple-beam
road lighting equipment, during the times when lighted lamps are required,
shall use a distribution of light, or composite beam, directed high
enough and of sufficient intensity to reveal persons and vehicles
at a safe distance in advance of the vehicle, subject to the following
requirements and limitations: Whenever the driver of a vehicle approaches
an oncoming vehicle within five hundred (500) feet, or is within three
hundred (300) feet to the rear of another vehicle traveling in the
same direction, the driver shall use a distribution of light or composite
beam so aimed that the glaring rays are not projected into the eyes
of the other driver, and in no case shall the high-intensity portion
which is projected to the left of the prolongation of the extreme
left side of the vehicle be aimed higher than the center of the lamp
from which it comes at a distance of twenty-five (25) feet ahead,
and in no case higher than a level of forty-two (42) inches above
the level upon which the vehicle stands at a distance of seventy-five
(75) feet ahead.
A.
Every
motor vehicle and every motor-drawn vehicle shall be equipped with
at least two (2) rear lamps, not less than fifteen inches or more
than seventy-two (72) inches above the ground upon which the vehicle
stands, which when lighted will exhibit a red light plainly visible
from a distance of five hundred (500) feet to the rear. Either such
rear lamp or a separate lamp shall be so constructed and placed as
to illuminate with a white light the rear registration marker and
render it clearly legible from a distance of fifty (50) feet to the
rear. When the rear registration marker is illuminated by an electric
lamp other than the required rear lamps, all such lamps shall be turned
on or off only by the same control switch at all times.
B.
Every
motorcycle registered in this State, when operated on a highway, shall
also carry at the rear, either as part of the rear lamp or separately,
at least one (1) approved red reflector, which shall be of such size
and characteristics and so maintained as to be visible during the
times when lighted lamps are required from all distances within three
hundred (300) feet to fifty (50) feet from such vehicle when directly
in front of a motor vehicle displaying lawful undimmed headlamps.
C.
Every
new passenger car, new commercial motor vehicle, motor-drawn vehicle
and omnibus with a capacity of more than six passengers registered
in this State after January 1, 1966, when operated on a highway, shall
also carry at the rear at least two (2) approved red reflectors, at
least one (1) at each side, so designed, mounted on the vehicle and
maintained as to be visible during the times when lighted lamps are
required from all distances within five hundred (500) to fifty (50)
feet from such vehicle when directly in front of a motor vehicle displaying
lawful undimmed headlamps. Every such reflector shall meet the requirements
of this Chapter and shall be mounted upon the vehicle at a height
not to exceed sixty inches nor less than fifteen inches above the
surface upon which the vehicle stands.
D.
Any
person who knowingly operates a motor vehicle without the lamps required
in this Section in operable condition is guilty of a misdemeanor.
Any motor vehicle may be equipped with not to exceed three (3)
auxiliary lamps mounted on the front at a height not less than twelve
(12) inches nor more than forty-two (42) inches above the level surface
upon which the vehicle stands.
Headlamps, when lighted, shall exhibit lights substantially
white in color; auxiliary lamps, cowllamps and spotlamps, when lighted,
shall exhibit lights substantially white, yellow or amber in color.
No person shall drive or move any vehicle or equipment, except a school
bus when used for school purposes or an emergency vehicle upon any
street or highway with any lamp or device thereon displaying a red
light visible from directly in front thereof.
Any lighted lamp or illuminating device upon a motor vehicle
other than headlamps, spotlamps, front direction signals or auxiliary
lamps which projects a beam of light of an intensity greater than
three (300) hundred candlepower shall be so directed that no part
of the beam will strike the level of the roadway on which the vehicle
stands at a distance of more than seventy-five (75) feet from the
vehicle. Alternately flashing warning signals may be used on school
buses when used for school purposes and on motor vehicles when used
to transport United States mail from post offices to boxes of addressees
thereof and on emergency vehicles as defined in Section 304.022, but
are prohibited on other motor vehicles, motorcycles and motor-drawn
vehicles except as a means for indicating a right or left turn.
At the times when lighted lamps are required, at least two (2)
lighted lamps shall be displayed, one (1) on each side of the front
of every motor vehicle except a motorcycle and except a motor-drawn
vehicle except when such vehicle is parked subject to the provisions
governing lights on parked vehicles. Whenever a motor vehicle equipped
with headlamps as in this Chapter required is also equipped with any
auxiliary lamps or a spotlamp or any other lamp on the front thereof
projecting a beam of an intensity greater than three (300) hundred
candlepower, not more than a total of four of any such lamps on the
front of a vehicle shall be lighted at any one time when upon a highway.
All vehicles, including agricultural machinery or implements,
road machinery, road rollers, traction engines and farm tractors not
in this Chapter specifically required to be equipped with lamps, shall
be equipped during the times when lighted lamps are required with
at least one (1) lighted lamp or lantern exhibiting a white light
visible from a distance of five hundred (500) feet to the front of
such vehicle and with a lamp or lantern exhibiting a red light visible
from a distance of five hundred (500) feet to the rear, and such lamps
and lanterns shall exhibit lights to the sides of such vehicle.
A.
No person shall operate on any public highway of this State any slow-moving vehicle or equipment after sunset to one-half (½) hour before sunrise, any animal-drawn vehicle, or any other machinery, designed for use or normally operated at speeds less than twenty-five (25) miles per hour, including all road construction or maintenance machinery except when engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs, which normally travels or is normally used at a speed of less than twenty-five (25) miles per hour unless there is displayed on the rear thereof an emblem as described in, and displayed as provided in Subsection 2 in this Section. The requirement of such emblem shall be in addition to any lighting devices required by Section 315.120.
B.
The
emblem required by Subsection 1 of this Section shall be of substantial
construction, and shall be a basedown equilateral triangle of fluorescent
yellow-orange film or equivalent quality paint with a base of not
less than fourteen inches and an altitude of not less than twelve
(12) inches. Such triangle shall be bordered with reflective red strips
having a minimum width of one and three-fourths (1¾) inches,
with the vertices of the overall triangle truncated such that the
remaining altitude shall be a minimum of fourteen inches. Such emblem
shall be mounted on the rear of such vehicle near the horizontal geometric
center of the rearmost vehicle at a height of not less than four (4)
feet above the roadway, and shall be maintained in a clean, reflective
condition. The provisions of this Section shall not apply to any vehicle
or equipment being operated on a gravel or dirt surfaced public highway.
C.
Any
person who shall violate the provisions of this Section shall be guilty
of a misdemeanor.
D.
No
emblem shall be required on machinery or equipment pulled or attached
to a farm tractor providing the machinery or equipment does not extend
more than twelve (12) feet to the rear of the tractor and permits
a clear view of the emblem on the tractor by vehicles approaching
from the rear.
A.
Signaling Devices. Every motor vehicle shall be equipped
with a horn, directed forward, or whistle in good working order, capable
of emitting a sound adequate in quantity and volume to give warning
of the approach of such vehicle to other users of the highway and
to pedestrians. Such signaling device shall be used for warning purposes
only and shall not be used for making any unnecessary noise, and no
other sound-producing signaling device shall be used at any time.
B.
Muffler Cutouts. Muffler cutouts shall not be used and no
vehicle shall be driven in such manner or condition that excessive
and unnecessary noises shall be made by its machinery, motor, signaling
device, or other parts, or by any improperly loaded cargo. The motors
of all motor vehicles shall be fitted with properly attached mufflers
of such capacity or construction as to quiet the maximum possible
exhaust noise as completely as is done in modern gas engine passenger
motor vehicles. Any cutout or opening in the exhaust pipe between
the motor and the muffler on any motor vehicle shall be completely
closed and disconnected from its operating lever, and shall be so
arranged that it cannot automatically open, or be opened or operated
while such vehicle is in motion.
C.
Brakes. All motor vehicles, except motorcycles, shall be
provided at all times with two (2) sets of adequate brakes, kept in
good working order, and motorcycles shall be provided with one (1)
set of adequate brakes kept in good working order.
D.
Mirrors. All motor vehicles which are so constructed or
loaded that the operator cannot see the road behind such vehicle by
looking back or around the side of such vehicle shall be equipped
with a mirror so adjusted as to reveal the road behind and be visible
from the operator's seat.
E.
Projections On Vehicles. All vehicles carrying poles or
other objects, which project more than five (5) feet from the rear
of such vehicle, shall, during the period when lights are required
by this Chapter, carry a red light at or near the rear end of the
pole or other object so projecting. At other times a red flag or cloth,
not less than sixteen inches square, shall be displayed at the end
of such projection.
F.
Towlines. When one (1) vehicle is towing another, the connecting
device shall not exceed fifteen (15) feet. During the time that lights
are required by Sections 307.020 to 307.120 RSMo., or in this Chapter,
the required lights shall be displayed by both vehicles. Every towed
vehicle shall be coupled to the towing vehicle by means of a safety
chain, cable, or equivalent device in addition to the primary coupling
device, except that such secondary coupling device shall not be necessary
if the connecting device is connected to the towing vehicle by a center-locking
ball located over or nearly over the rear axle and not supported by
the rear bumper of the towing vehicle. Such secondary safety connecting
devices shall be of sufficient strength to control the towed vehicle
in the event of failure of the primary coupling device. The provisions
of this Subsection shall not apply to wreckers towing vehicles or
to vehicles secured to the towing vehicle by a fifth-wheel type connection.
G.
The provisions of Subsection (G) of this Section shall not apply to farm implements, or to any vehicle which is not required to be registered.
1.
Commercial motor vehicles and trailers. When being
operated on any highway of this State shall be equipped with adequate
and proper brakes, lighting equipment, signaling devices, steering
mechanisms, horns, mirrors, windshield wipers, tires, wheels, exhaust
system, glazing, air pollution control devices, fuel tank, and any
other safety equipment required by the State in such condition so
as to obtain a certificate of inspection and approval as required
by the provisions of Section 307.360, RSMo.
2.
Devices attached to or towed by motor vehicles for the purpose of
transporting hay shall have the protruding parts raised or retracted
when not in use to a position which will not cause injury or damage
to persons or property in the vicinity of such device when on the
highways of this State.
Motor vehicles and equipment which are operated by any member
of an organized fire department, ambulance association, or rescue
squad, whether paid or volunteer, may be operated on streets and highways
in this State as an emergency vehicle under the provisions of Section
304.022, RSMo, while responding to a fire call or ambulance call or
at the scene of a fire call or ambulance call and while using or sounding
a warning siren and while using or displaying thereon fixed, flashing
or rotating blue lights, but sirens and blue lights shall be used
only in bona fide emergencies. Permits for the operation of such vehicles
equipped with sirens or blue lights shall be in writing and shall
be issued and may be revoked by the chief of an organized fire department,
organized ambulance association, or rescue squad and no person shall
use or display a siren or blue lights on a motor vehicle, fire, ambulance,
or rescue equipment without a valid permit authorizing the use. Permit
to use a siren or lights as heretofore set out does not relieve the
operator of the vehicle so equipped with complying with all other
traffic laws and regulations. Violation of this Section constitutes
a class A misdemeanor.
A.
As
used in this Section, the term "passenger car" means every motor vehicle
designed for carrying ten (10) persons or less and used for the transportation
of persons; except that, the term "passenger car" shall not include
motorcycles, motorized bicycles, motor tricycles and trucks.
B.
Each
driver, except persons employed by the United States Postal Service
while performing duties for that federal agency which require the
operator to service postal boxes from their vehicles, or which require
frequent entry into and exit from their vehicles, and front seat passenger
of a passenger car manufactured after January 1, 1968, operated on
a street or highway in this State, shall wear a properly adjusted
and fastened safety belt that meets federal National Highway, Transportation
and Safety Act requirements; except that, a child less than four years
of age shall be protected as required in Section 210.104, RSMo. Each
driver of a motor vehicle transporting a child four years of age or
more, but less than sixteen years of age, in the front seat of the
motor vehicle shall secure the child in a properly adjusted and fastened
safety belt. No person shall be stopped, inspected, or detained solely
to determine compliance with this Subsection. The provisions of this
Section shall not be applicable to persons who have a medical reason
for failing to have a seat belt fastened about his or her body.
C.
In
any action to recover damages arising out of the ownership, common
maintenance or operation of a motor vehicle, failure to wear a safety
belt in violation of this Section shall not be considered evidence
of comparative negligence. Failure to wear a safety belt in violation
of this Section may be admitted to mitigate damages, but only under
the following circumstances:
1.
Parties seeking to introduce evidence of the failure to wear a safety
belt in violation of this Section must first introduce expert evidence
proving that a failure to wear a safety belt contributed to the injuries
claimed by plaintiff;
2.
If the evidence supports such a finding, the trier of fact may find
that the plaintiff's failure to wear a safety belt in violation of
this Section contributed to the plaintiff's claimed injuries, and
may reduce the amount of the plaintiff's recovery by an amount not
to exceed one percent (1%) of the damages awarded after any reductions
for comparative negligence.
D.
Each
person who violates the provisions of Subsection 2 of this Section
after July 1, 1987, shall be guilty of an infraction for which a fine
not to exceed ten dollars ($10.00) may be imposed. All other provisions
of law and court rules to the contrary notwithstanding, no court costs
shall be imposed on any person due to a violation of this Section.
In no case shall points be assessed against any person, pursuant to
Section 302.302, RSMo, for a violation of this Section.
E.
The
Department of Public Safety shall initiate and develop a program of
public information to develop understanding of, and ensure compliance
with the provisions of this Section. The Department of Public Safety
shall evaluate the effectiveness of this Section and shall include
a report of its findings in the annual evaluation report on its highway
safety plan that it submits to NHTSA and FHWA under 23 U.S.C. 402.
A.
After
January 1, 1984, every person transporting a child under the age of
four years residing in this State shall be responsible, when transporting
such child in a motor vehicle operated by that person on the streets
or highways of this State, for providing for the protection of such
child. When traveling in the front seat of a motor vehicle the child
shall be protected by a child passenger restraint system approved
by the Department of Public Safety. When traveling in the rear seat
of a motor vehicle the child shall be protected by either a child
passenger restraint system approved by the Department of Public Safety
or the vehicle's seat belt. When the number of child passengers exceeds
the number of available passenger positions, and all passenger positions
are in use, remaining children shall be transported in the rear seat
of the motor vehicle. The provisions of Sections 210.104 to 210.107,
RSMo., shall not apply to motor vehicles registered in another State,
or to a temporary substitute vehicle.
B.
Any
person who violates this Section is guilty of an infraction and, upon
conviction, may be punished by a fine of not more than twenty-five
dollars ($25.00) and court costs.
C.
The
provisions of Sections 210.104 to 210.107, RSMo., shall not apply
to any public carrier for hire.
A.
No
metal-tired vehicle shall be operated over any of the improved highways
of this State, except over highways constructed of gravel or claybound
gravel, if such vehicle has on the periphery of any of the road wheels
any lug, flange, cleat, ridge, bolt or any projection of metal or
wood which projects radially beyond the tread or traffic surface of
the tire, unless the highway is protected by putting down solid planks
or other suitable material, or by attachments to the wheels so as
to prevent such vehicles from damaging the highway, except that this
prohibition shall not apply to tractors or traction engines equipped
with what is known as caterpillar treads, when such caterpillar does
not contain any projection of any kind likely to injure the surface
of the road. Tractors, traction engines and similar vehicles may be
operated which have upon their road wheels "V" shaped, diagonal or
other cleats arranged in such manner as to be continuously in contact
with the road surface if the gross weight on the wheels per inch of
width of such cleats or road surface, when measured in the direction
of the axle of the vehicle, does not exceed eight hundred pounds.
B.
No
tractor, tractor engine, or other metal-tired vehicle weighing more
than four tons, including the weight of the vehicle and its load,
shall drive onto, upon or over the edge of any improved highway without
protecting such edge by putting down solid planks or other suitable
material to prevent such vehicle from breaking off the edges of the
pavement.
C.
Any
person violating this Section, whether operating under a permit or
not, or who shall willfully or negligently damage a highway, shall
be liable for the amount of such damage caused to any highway, bridge,
culvert or sewer, and any vehicle causing such damage shall be subject
to a lien for the full amount of such damage, which lien shall not
be superior to any duly recorded or filed chattel mortgage or other
lien previously attached to such vehicle; the amount of such damage
may be recovered in any action in any court of competent jurisdiction,
in the name of the State, by the municipality, county or other civil
subdivision or interested party.
