City of Winchester, MO Equipment and Equipment-Related Use Violations

Every bicycle and motorized bicycle when in use on a street or highway during the period from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise shall be equipped with the following:

(a)

A front-facing lamp on the front or carried by the rider which shall emit a white light visible at night under normal atmospheric conditions on a straight, level, unlighted roadway at five hundred (500) feet;

(b)

A rear-facing red reflector, at least two (2) square inches in reflective surface area, or a rear-facing red lamp on the rear which shall be visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lower beams of vehicle headlights at six hundred (600) feet;

(c)

Reflective material and/or lights on any part of the bicyclist's pedals, crank arms, shoes or lower leg visible from the front and the rear at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at two hundred (200) feet; and

(d)

Reflective material and/or lights visible on each side of the bicycle or bicyclist and visible at night under normal atmospheric conditions on a straight, level, unlighted roadway when viewed by a vehicle driver under the lawful lower beams of vehicle headlights at three hundred (300) feet.

The provisions of this Subsection (A)(2)(d) shall not apply to motorized bicycles which comply with National Highway Traffic and Safety Administration regulations relating to reflectors on motorized bicycles.

Any motorized bicycle designed to carry more than one (1) person must be equipped with a passenger seat and footrests for the use of a passenger.

Section 380.020 Penalty.

Persons convicted of violating any charge of equipment violation under Section 380.010 hereof shall be subject to a fine as set forth below:

By order of the Municipal Court; or

By order of the Presiding Judge of the Twenty-First Judicial Circuit; or

By operating law by Missouri Supreme Court Rule or other governing law.

Section 380.030 through Section 380.040. (Reserved)

Article II Equipment-Related Use Violations

Section 380.050 Violations.

It shall be unlawful for any person to violate any of the provisions of this Section 380.050, and such person may be charged accordingly and upon conviction may be sentenced as provided herein.

Seat Belts And Child-Restraint Regulations.

Except as otherwise provided in this Subsection (A)(1)(a), each driver and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this City shall wear a properly adjusted and fastened safety belt that meets Federal National Highway Transportation Act requirements, except that a child less than sixteen (16) years of age shall be protected as required in Subsection B of this Section.

The provisions of Subsection (A)(1)(a) shall not apply to persons who have a medical reason for failing to have a seat belt fastened about his or her body or to any person 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.

As used in Subsection (A)(1)(a), 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 with a gross weight of twelve thousand (12,000) pounds or more.

Each driver who violates the provisions of Subsection (A)(1)(a) shall, upon conviction, be subject to a fine as set forth below:

(a)

By order of the Municipal Court; or

(b)

By order of the Presiding Judge of the Twenty-First Judicial Circuit; or

(c)

By operating law by Missouri Supreme Court Rule or other governing law.

(4)

No court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.

Every person transporting a child under the age of sixteen (16) years on the streets or highways of this City shall be responsible for transporting such child as follows:

Children less than four (4) years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child;

Children weighing less than forty (40) pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child;

Children at least four (4) years of age but less than eight (8) years of age, who also weigh at least forty (40) pounds but less than eighty (80) pounds and who are also less than four (4) feet, nine (9) inches tall, shall be secured in a child passenger restraint system or booster seat appropriate for that child;

(4)

Children at least eighty (80) pounds or children more than four (4) feet nine (9) inches in height shall be secured by a vehicle safety belt or booster seat appropriate for that child; and

(5)

Children eight (8) years of age but less than sixteen (16) years of age, regardless of weight or height, shall be secured by a vehicle safety belt or restraint system appropriate for that child.

(6)

A child who otherwise would be required to be secured in a booster seat may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.

(7)

When transporting children in the immediate family when there are more children than there are seating positions in the enclosed area of a motor vehicle, the children who are not able to be restrained by a child safety restraint device appropriate for the child shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. The driver transporting children referred to in this Subsection (A)(1)(b)(7) shall not be in violation of this Subsection (A)(1)(b).

Any person who violates Subsection (A)(1)(b) shall, upon conviction, be punished by a fine as set forth below:

By order of the Municipal Court; or

By order of the Presiding Judge of the Twenty-First Judicial Circuit; or

By operating law by Missouri Supreme Court Rule or other governing law.

Truck Use.

No person shall operate any truck, as defined in Section 301.010, RSMo., with a licensed gross weight of less than twelve thousand (12,000) pounds within the corporate limits of this City when any person under the age of eighteen (18) years is riding in the unenclosed bed of such truck. No person under eighteen (18) years of age shall ride in the unenclosed bed of such truck when the truck is in operation. Any person in violation of this Section shall, upon conviction, be punished by a fine as set forth below:

Order of the Municipal Court; or

By order of the Presiding Judge of the Twenty-First Judicial Circuit; or

Operating law by Missouri Supreme Court Rule or other governing law.

The provisions of this Subsection (A)(2) shall not apply to:

Any employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck;

Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of the truck;

Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by law;

(4)

Any person riding in the unenclosed bed of a truck if such truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck;

(5)

Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of participating in a special event, i.e., a specific social activity of a definable duration, and it is necessary that the person ride in such unenclosed bed due to the lack of available seating;

(6)

Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to or ensuring the safety of, other persons engaged in a recreational activity; or

(7)

Any person riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed, and insured vehicle owned by the family of the person riding in the unenclosed bed and there is insufficient room in the passenger cab of the truck to accommodate all passengers in such truck. For the purposes of this Subsection, the term "family" shall mean any persons related within the first degree of consanguinity.

Headgear Required, Motorcycles Or Motor Tricycles.

Every person operating or riding as a passenger on any motorcycle or motor tricycle upon any street 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 Missouri Director of Revenue.

The penalty for failure to wear protective headgear as required by Subsection (A)(3)(a) of this Section shall be deemed an infraction for which a fine shall be subject to a fine as set forth below:

By order of the Municipal Court; or

By order of the Presiding Judge of the Twenty-First Judicial Circuit; or