[Ch. 19 §19.909]
No person shall operate or knowingly ride in any vehicle loaded
with or carrying any pole or other object which projects more than
five (5) feet from the rear of such vehicle which shall not have,
during the period when lights are required, a lighted red light at
or near the end of such projecting object, or at all other times,
have attached at or near the end thereof a red flag or cloth of not
less than sixteen (16) square inches.
[Ch. 19 §19.910]
Whenever one vehicle shall tow another vehicle or trailer they
shall be securely coupled and shall not be separated by more than
fifteen (15) feet. During the time when lights are required, both
vehicles or such trailer shall be equipped by such lights and reflectors
as may be required for such vehicle and trailers in Section 307.075,
RSMo., and any amendments thereto.
[Ord. No. 19.924 §§1 —
3, 11-4-1991; Ord. No.
19.1707 §1, 7-6-2010]
A. Definition. 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, motortricycles, and trucks with a licensed gross weight
of twelve thousand (12,000) pounds or more.
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, and persons less than eighteen (18) years of age operating or riding in a truck, as defined in Section 301.010, RSMo., on a street or highway of this State shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements. No person shall be stopped, inspected, or detained solely to determine compliance with this Subsection. The provisions of this Section and Section
370.060 shall not be applicable to persons which have a medical reason for failing to have a seat belt fastened about their body, nor shall the provisions of this Section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities. Non-compliance with this Subsection shall not constitute probable cause for violation of any other provision of law. The provisions of this Subsection shall not apply to the transporting of children under sixteen (16) years of age as provided in Section
370.060.
C. Each driver of a motor vehicle transporting a child less than sixteen (16) years of age shall secure the child in a properly adjusted and fastened restraint under Section
370.060.
D. 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 injury
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.
E. Except as otherwise provided in Section
370.060, each person who violates the provisions of Subsection
(B) of this Section is 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.
F. If
there are more persons than there are seat belts in the enclosed area
of a motor vehicle, then the passengers who are unable to wear seat
belts shall sit in the area behind the front seat of the motor vehicle
unless the motor vehicle is designed only for a front-seated area.
The passenger or passengers occupying a seat location referred to
in this Subsection is not in violation of this Section. This Subsection
shall not apply to passengers who are accompanying a driver of a motor
vehicle who is licensed under Section 302.178, RSMo.
[Ord. No. 19.925 §§1 —
3, 12-12-1991; Ord. No.
19.1708 §1, 7-6-2010]
A. Definitions. As used in this Section, the following terms
shall mean:
CHILD BOOSTER SEAT
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 C.F.R. 571.213, as amended, that is designed
to elevate a child to properly sit in a federally approved safety
belt system.
CHILD PASSENGER RESTRAINT SYSTEM
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 C.F.R.571.213, as amended, and which is
either permanently affixed to a motor vehicle or is affixed to such
vehicle by a safety belt or a universal attachment system.
DRIVER
A person who is in actual physical control of a motor vehicle.
B. Every
driver transporting a child under the age of sixteen (16) years shall
be responsible, when transporting such child in a motor vehicle operated
by that driver on the streets or highways of this State, for providing
for the protection of such child as follows:
1. Children less than four (4) years of age, regardless of weight, shall
be secured in a child passenger restraint system appropriate for that
child;
2. Children weighing less than forty (40) pounds, regardless of age,
shall be secured in a child passenger restraint system appropriate
for that child;
3. 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;
5. 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;
6. 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 is not in violation
of this Section.
This Subsection shall only apply to the use of a child passenger
restraint system or vehicle safety belt for children less than sixteen
(16) years of age being transported in a motor vehicle,
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C. Any driver who violates Subdivisions (1), (2) or (3) of Subsection
(B) of this Section is guilty of an infraction and, upon conviction, may be punished by a fine of not more than fifty dollars ($50.00) and court costs. Any driver who violates Subdivision (4) of Subsection
(B) of this Section shall be subject to the penalty in Subsection (5) of Section 307.178, RSMo. If a driver receives a citation for violating Subdivisions (1),(2) or (3) of Subsection
(B) of this Section, the charges shall be dismissed or withdrawn, if the driver prior to or at his or her hearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the driver's citation.
D. The
provisions of this Section shall not apply to any public carrier for
hire. The provisions of this Section shall not apply to students four
(4) years of age or older who are passengers on a school bus designed
for carrying eleven (11) passengers or more and which is manufactured
or equipped pursuant to Missouri Minimum Standard for School Buses
as school buses are defined in Section 301.010, RSMo.