The driver of any vehicle other than one on
official business shall not follow any emergency vehicle traveling
in response to an emergency call closer than five hundred (500) feet
or drive into or park such vehicle within the block where fire apparatus
has stopped in answer to a fire alarm.
No vehicle shall be driven over any unprotected
hose of a Fire Department when laid down on any street or private
driveway to be used at any fire or alarm of fire without the consent
of the Fire Department official in command.
A.
Definitions. As used in this Section, the following
terms shall mean:
- FUNERAL DIRECTOR
- A person licensed as a funeral director pursuant to the provisions of Chapter 333, RSMo.
- FUNERAL LEAD VEHICLE or LEAD VEHICLE
- Any motor vehicle equipped with at least one (1) lighted circulating lamp exhibiting an amber or purple light or lens or alternating flashing headlamps visible under normal atmospheric conditions for a distance of five hundred (500) feet from the front of the vehicle. A hearse or coach properly equipped may be a lead vehicle.
- ORGANIZED FUNERAL PROCESSION
- Two (2) or more vehicles accompanying the remains of a deceased person from a funeral establishment, church, synagogue or other place where a funeral service has taken place to a cemetery, crematory or other place of final disposition or a funeral establishment, church, synagogue or other place where additional funeral services will be performed if directed by a licensed funeral director from a licensed establishment.
B.
Driving Rules.
1.
Except as otherwise provided for in this Section,
pedestrians and operators of all other vehicles shall yield the right-of-way
to any vehicle which is a part of an organized funeral procession.
2.
Notwithstanding any traffic control device or
right-of-way provision prescribed by State or local law, when the
funeral lead vehicle in an organized funeral procession lawfully enters
an intersection, all vehicles in the procession shall follow the lead
vehicle through the intersection. The operator of each vehicle in
the procession shall exercise the highest degree of care toward any
other vehicle or pedestrian on the roadway.
3.
An organized funeral procession shall have the
right-of-way at all intersections regardless of any traffic control
device at such intersections, except that operators of vehicles in
an organized funeral procession shall yield the right-of-way to any
approaching emergency vehicle pursuant to the provisions of law or
when directed to do so by a Law Enforcement Officer.
4.
All vehicles in an organized funeral procession
shall follow the preceding vehicle in the procession as closely as
is practical and safe under the conditions.
5.
No person shall operate any vehicle as part
of an organized funeral procession without the flashing emergency
lights of such vehicle being lighted.
6.
Any person who is not an operator of a vehicle
in an organized funeral procession shall not:
a.
Drive between the vehicles comprising an organized funeral procession while such vehicles are in motion and have the flashing emergency lights lighted pursuant to Subsection (B)(5) above, except when required to do so by a Law Enforcement Officer or when such person is operating an emergency vehicle giving an audible or visual signal;
b.
Join a funeral procession for the purpose of
securing the right-of-way; or
c.
Attempt to pass any vehicle in an organized
funeral procession, except where a passing lane has been specifically
provided.
7.
When an organized funeral procession is proceeding
through a red signal light as permitted herein, a vehicle not in the
organized funeral procession shall not enter the intersection unless
such vehicle may do so without crossing the path of the funeral procession.
8.
No ordinance, regulation or any other provision
of law shall prohibit the use of a motorcycle utilizing flashing amber
lights to escort an organized funeral procession on the highway.
C.
Any person convicted of violating any provision of
this Section shall be punished by a fine not to exceed one hundred
dollars ($100.00).
Each driver in a funeral or other procession
shall drive as near to the right-hand edge of the roadway as practicable
and shall follow the vehicle ahead as close as is practicable and
safe.
No funeral, procession or parade containing
two hundred (200) or more persons or fifty (50) or more vehicles except
the forces of the United States Army or Navy, the military forces
of this State, and the forces of the Police and Fire Departments shall
occupy, march or proceed along any street except in accordance with
a permit issued by the Chief of Police and such other regulations
as are set forth herein which may apply.
The driver of a motor vehicle shall not drive
within any sidewalk area except on a permanent or temporary driveway.
A designated bicycle lane shall not be obstructed by a parked or standing
motor vehicle or other stationary object. A motor vehicle may be driven
in a designated bicycle lane only for the purpose of a lawful maneuver
to cross the lane or to provide for safe travel. In making an otherwise
lawful maneuver that requires traveling in or crossing a designated
bicycle lane, the driver of a motor vehicle shall yield to any bicycle
in the lane. As used in this Section, the term "designated bicycle
lane" shall mean a portion of the roadway or highway that has been
designated by the Governing Body having jurisdiction over such roadway
or highway by striping with signing or striping with pavement markings
for the preferential or exclusive use of bicycles.
The driver of a vehicle shall not back the same
unless such movement can be made with reasonable safety and without
interfering with other traffic.
No person shall open the door of a motor vehicle
on the side available to moving traffic unless and until it is reasonably
safe to do so, nor shall any person leave a door open on the side
of a motor vehicle available to moving traffic for a period of time
longer than necessary to load or unload passengers.
A.
A person operating a motorcycle shall ride only upon
the permanent and regular seat attached thereto, and such operator
shall not carry any other person nor shall any other person ride on
a motorcycle unless such motorcycle is designed to carry more than
one (1) person, in which event a passenger may ride upon the permanent
and regular seat if designed for two (2) persons or upon another seat
firmly attached to the rear or side of the operator.
B.
The operator of a motorized bicycle shall ride only
astride the permanent and regular seat attached thereto and shall
not permit more than one (1) person to ride thereon at the same time,
unless the motorized bicycle is designed to carry more than one (1)
person. 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.
A.
No person shall ride a bicycle upon a sidewalk within
a business district.
B.
Whenever any person is riding a bicycle upon a sidewalk,
such person shall yield the right-of-way to any pedestrian and shall
give audible signal before overtaking and passing such pedestrian.
C.
No person shall ride a motorized bicycle upon a sidewalk.
[Ord. No. 214 § 1, 10-9-2013]
A.
Upon issuance of a special permit to a licensed driver
for special uses of an all-terrain vehicle within the City of Center,
Missouri, said permit to be issued by the City Clerk for an annual
fee of fifteen dollars ($15.00) paid by the recipient, it shall be
lawful for a person possessing such special permit to operate an all-terrain
vehicle on a public street within the City limits of the City of Center,
Missouri. A person operating an all-terrain vehicle on a street pursuant
to this Section shall have a valid driver's license issued by a state
authorizing such person to operate a motor vehicle, but shall not
be required to have passed an examination for the operation of a motorcycle,
and the vehicle shall be operated at speeds of less than twenty-five
(25) miles per hour. When operated on a street or public roadway,
an all-terrain vehicle shall have a bicycle safety flag, which extends
not less than seven (7) feet above the ground, attached to the rear
of the vehicle. The bicycle safety flag shall be triangular in shape
with an area not less than thirty (30) square inches and shall be
dayglow in color. In addition, no person shall operate an all-terrain
vehicle in a careless way so as to endanger the person or property
of another; while under the influence of alcohol or any controlled
substance; or without a securely fastened safety helmet on the head
of an individual who operates an all-terrain vehicle or who is being
towed or otherwise propelled by an all-terrain vehicle, unless the
individual is at least eighteen (18) years of age.
B.
No person shall operate an all-terrain vehicle pursuant
to this Section unless said person maintains minimum financial responsibility
for the operation of said vehicle pursuant to the laws of the State
of Missouri.
C.
No person shall operate an all-terrain vehicle pursuant
to this Section unless said person is a resident of the City of Center
and unless said person is current on all personal and real estate
property taxes.
[1]
Editor's Note: The ATV / UTV / Alternative Vehicle Registration
form is on file in the City offices.
A.
No person shall operate an all-terrain vehicle, as defined in Section 300.010, upon the streets and highways of this City, except as follows:
1.
All-terrain vehicles owned and operated by a
governmental entity for official use;
2.
All-terrain vehicles operated for agricultural
purposes or industrial on-premises purposes between the official sunrise
and sunset on the day of operation;
3.
The City may issue special permits to licensed
drivers for special uses of all-terrain vehicles on highways within
the City limits. Fees of $15.00 may be collected and retained by the
City.
4.
The City may by resolution or ordinance allow
all-terrain vehicle operation on streets or highways under the City's
jurisdiction. Any person operating an all-terrain vehicle pursuant
to a City resolution or ordinance shall maintain proof of financial
responsibility in accordance with Section 303.160, RSMo., or maintain
any other insurance policy providing equivalent liability coverage
for an all-terrain vehicle.
B.
No person shall operate an off-road vehicle, as defined
in Section 304.001, RSMo., within any stream or river in this City,
except that off-road vehicles may be operated within waterways which
flow within the boundaries of land which an off-road vehicle operator
owns, or for agricultural purposes within the boundaries of land which
an off-road vehicle operator owns or has permission to be upon, or
for the purpose of fording such stream or river of this State at such
road crossings as are customary or part of the highway system. All
Law Enforcement Officials or Peace Officers of this State and its
political subdivisions shall enforce the provisions of this Subsection
within the geographic area of their jurisdiction.
C.
A person operating an all-terrain vehicle on a street
or highway pursuant to an exception covered in this Section shall
have a valid license issued by a State authorizing such person to
operate a motor vehicle but shall not be required to have passed an
examination for the operation of a motorcycle, and the vehicle shall
be operated at speeds of less than thirty (30) miles per hour. When
operated on a street or highway, an all-terrain vehicle shall have
a bicycle safety flag, which extends not less than seven (7) feet
above the ground, attached to the rear of the vehicle. The bicycle
safety flag shall be triangular in shape with an area of not less
than thirty (30) square inches and shall be dayglow in color.
D.
No person shall operate an all-terrain vehicle:
1.
In any careless way so as to endanger the person
or property of another;
2.
While under the influence of alcohol or any
controlled substance; or
3.
Without a securely fastened safety helmet on
the head of an individual who operates an all-terrain vehicle or who
is being towed or otherwise propelled by an all-terrain vehicle, unless
the individual is at least eighteen (18) years of age.
E.
No operator of an all-terrain vehicle shall carry
a passenger, except for agricultural purposes.
A.
No person shall operate a utility vehicle, as defined in Section 300.010 of this Title, upon the highways of this City or State, except as follows:
1.
Utility vehicles owned and operated by a governmental
entity for official use;
2.
Utility vehicles operated for agricultural purposes
or industrial on-premises purposes between the official sunrise and
sunset on the day of operation, unless equipped with proper lighting;
3.
Utility vehicles operated by handicapped persons
for short distances occasionally only on the State's secondary roads
when operated between the hours of sunrise and sunset;
4.
The City may issue special permits for utility
vehicles to be used on highways within the City limits by licensed
drivers.
5.
The City may by resolution or ordinance allow
utility vehicle operation on streets or highways under the City's
jurisdiction. Any person operating a utility vehicle pursuant to a
municipal resolution or ordinance shall maintain proof of financial
responsibility in accordance with Section 303.160, RSMo., or maintain
any other insurance policy providing equivalent liability coverage
for a utility vehicle.
B.
No person shall operate a utility vehicle within any
stream or river in this City or State, except that utility vehicles
may be operated within waterways which flow within the boundaries
of land which a utility vehicle operator owns, or for agricultural
purposes within the boundaries of land which a utility vehicle operator
owns or has permission to be upon, or for the purpose of fording such
stream or river of this City or State at such road crossings as are
customary or part of the highway system. All Law Enforcement Officials
shall enforce the provisions of this Subsection within the geographic
area of their jurisdiction.
C.
A person operating a utility vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under Subsection (A)(3) of this Section shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than forty-five (45) miles per hour.
E.
No operator of a utility vehicle shall carry a passenger,
except for agricultural purposes. The provisions of this Subsection
shall not apply to any utility vehicle in which the seat of such vehicle
is designed to carry more than one (1) person.
F.
A violation of this Section shall be an ordinance
violation.
A.
Classification. A golf cart which may be operated
on the streets, roads and alleyways of the City shall be classified
as a low-speed vehicle (LSV).
B.
Requirements For Operating Golf Carts On Streets,
Roads Or Alleyways Within The City.
1.
The golf cart shall be currently registered
and licensed pursuant to City ordinances.
2.
Any individual operating a golf cart shall have
a valid operator's or chauffeur's license, but is not required to
pass an examination for the operation of a motorcycle.
3.
The golf cart shall be properly insured and
such proof of insurance shall specifically list the vehicle as referenced
by the serial number and year of model.
4.
Any individual operating a golf cart shall be
at least eighteen (18) years old.
5.
Any individual operating a golf cart shall wear
a securely fastened safety helmet on his or her head.
6.
Any individual operating a golf cart shall wear
a properly fastened seat belt.
7.
The golf cart shall be operated at a speed of
less than twenty (20) miles per hour pursuant to Section 304.034,
RSMo.
8.
The golf cart shall have a bicycle safety flag,
which extends not less than seven (7) feet above the ground, attached
to the rear of the vehicle; the flag shall be day-glow colored and
shall be triangular shaped, with an area not less than thirty (30)
square inches.
C.
No individual operating a golf cart shall:
1.
Operate the golf cart in any careless or imprudent
manner so as to endanger any person or property of any person.
2.
Operate the golf cart while under the influence
of alcohol or controlled substance.
3.
Operate the golf cart between the hours of official
sunset and sunrise, unless the golf cart is properly equipped with
headlights, tail lights, brake lights and turn signals.
4.
Operate the golf cart on any Federal, State
or County highways, except to cross.
5.
Cross any Federal or State highway at an intersection
where the highway being crossed has a posted speed limit of more than
forty-five (45) miles per hour.
D.
A violation of this Section shall be an ordinance
violation.
A.
No person shall operate a recreational off-highway vehicle, as defined in Section 300.010 of this Code, upon the highways of this City, except as follows:
1.
Recreational off-highway vehicles owned and
operated by a governmental entity for official use;
2.
Recreational off-highway vehicles operated for
agricultural purposes or industrial on-premises purposes;
3.
Recreational off-highway vehicles operated within three (3) miles of the operator's primary residence. The provisions of this Subsection shall not authorize the operation of a recreational off-highway vehicle in a City unless such operation is authorized by such City as provided for in Subsection (A)(5) below;
4.
Recreational off-highway vehicles operated by
handicapped persons for short distances occasionally only on the State's
secondary roads;
5.
The City may issue special permits to licensed
drivers for special uses of recreational off-highway vehicles on highways
within the City limits. A fee of fifteen dollars ($15.00) may be collected
and retained by the City for such permit.
B.
No person shall operate a recreational off-highway
vehicle within any stream or river in this State, except that recreational
off-highway vehicles may be operated within waterways which flow within
the boundaries of land which a recreational off-highway vehicle operator
owns, or for agricultural purposes within the boundaries of land which
a recreational off-highway vehicle operator owns or has permission
to be upon, or for the purpose of fording such stream or river of
this State at such road crossings as are customary or part of the
highway system. All Law Enforcement Officials shall enforce the provisions
of this Subsection within the geographic area of their jurisdiction.
C.
A person operating a recreational off-highway vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle pursuant to Subsection (A)(4) of this Section, but shall not be required to have passed an examination for the operation of a motorcycle. An individual shall not operate a recreational off-highway vehicle upon a highway in this City without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this City unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover.
No person riding upon any bicycle, motorized
bicycle, coaster, roller skates, sled or toy vehicle shall attach
the same or himself/herself to any vehicle upon a roadway. Neither
shall the driver of a vehicle knowingly pull a rider behind a vehicle.
No person shall drive a vehicle onto or from
any controlled access roadway except at such entrances and exits as
are established by public authority.
No vehicle shall at any time be driven through
or within a safety zone.
Every person operating a motor vehicle on the
highways and road ways of this City shall drive the vehicle in a careful
and prudent manner and at a rate of speed so as not to endanger the
property of another or the life or limb of any person and shall exercise
the highest degree of care.
A.
All vehicles not in motion shall be placed with their
right side as near the right-hand side of the highway as practicable,
except on streets of the City where vehicles are obliged to move in
one direction only or parking of motor vehicles is regulated by ordinance.
B.
Upon all public roads or highways of sufficient width,
a vehicle shall be driven upon the right-half of the roadway, except
as follows:
1.
When overtaking and passing another vehicle
proceeding in the same direction pursuant to the rules governing such
movement;
2.
When placing a vehicle in position for and when
such vehicle is lawfully making a left turn in compliance with the
provisions of this Title;
3.
When the right-half of a roadway is closed to
traffic while under construction or repair;
4.
Upon a roadway designated by local ordinance
as a one-way street and marked or signed for one-way traffic.
C.
It is unlawful to drive any vehicle upon any highway
or road which has been divided into two (2) or more roadways by means
of a physical barrier or by means of a dividing section or delineated
by curbs, lines or other markings on the roadway except to the right
of such barrier or dividing section or to make any left turn or semicircular
or U-turn on any such divided highway, except at an intersection or
interchange or at any signed location designated by the State Highways
and Transportation Commission or the Department of Transportation.
The provisions of this Subsection shall not apply to emergency vehicles,
law enforcement vehicles or to vehicles owned by the Commission or
the Department.
D.
The Chief of Police may erect signs temporarily designating
lanes to be used by traffic moving in a particular direction, regardless
of the center line of the highway, and Police Officers may direct
traffic in conformance with such signs. When authorized signs have
been erected designating off-center traffic lanes, no person shall
disobey the instructions given by such signs.
E.
Whenever any roadway has been divided into three (3)
or more clearly marked lanes for traffic, the following rules in addition
to all other consistent herewith shall apply:
1.
A vehicle shall be driven as nearly as practicable
entirely within a single lane and shall not be moved from such lane
until the driver has first ascertained that such movement can be made
with safety.
2.
Upon a roadway which is divided into three (3)
lanes, a vehicle shall not be driven in the center lane except when
overtaking and passing another vehicle where the roadway ahead is
clearly visible and such center lane is clear of traffic within a
safe distance, or in preparation for a left turn, or where such center
lane is at the time allocated exclusively to traffic moving in the
direction the vehicle is proceeding and is signposted to give notice
of such allocation.
3.
Upon all highways any vehicle proceeding at
less than the normal speed of traffic thereon shall be driven in the
right-hand lane for traffic or as close as practicable to the right-hand
edge or curb, except as otherwise provided in Sections 304.014 to
304.026, RSMo.
4.
Official signs may be erected by the State Highways
and Transportation Commission, or the Highway Patrol may place temporary
signs directing slow-moving traffic to use a designated lane or allocating
specified lanes to traffic moving in the same direction, and drivers
of vehicles shall obey the directions of every such sign.
5.
Drivers of vehicles proceeding in opposite directions
shall pass each other to the right and, except when a roadway has
been divided into traffic lanes, each driver shall give to the other
at least one-half (1/2) of the main traveled portion of the roadway
whenever possible.
F.
All vehicles in motion upon a highway having two (2)
or more lanes of traffic proceeding in the same direction shall be
driven in the right-hand lane except when overtaking and passing another
vehicle or when preparing to make a proper left turn or when otherwise
directed by traffic markings, signs or signals.
G.
All trucks registered for a gross weight of more than
forty-eight thousand (48,000) pounds shall not be driven in the far
left-hand lane upon all interstate highways, freeways, or expressways
within urbanized areas of the State having three (3) or more lanes
of traffic proceeding in the same direction. This restriction shall
not apply when:
H.
As used in Subsection (G) of this Section, "truck" means any vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways. The term "truck" also includes a commercial motor vehicle as defined in Section 300.010 of this Title.
A.
The following rules shall govern the overtaking and
passing of vehicles proceeding in the same direction, subject to the
limitations and exceptions hereinafter stated:
1.
The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left thereof at
a safe distance and shall not again drive to the right side of the
roadway until safely clear of the overtaken vehicle; and
2.
Except when overtaking and passing on the right
is permitted, the driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle and shall not increase
the speed of such driver's vehicle until completely passed by the
overtaking vehicle.
B.
Passing To The Right Of Another Vehicle.
1.
The driver of a motor vehicle may overtake and
pass to the right of another vehicle only under the following conditions:
2.
The driver of a motor vehicle may overtake and
pass another vehicle upon the right only under the foregoing conditions
when such movement may be made in safety. In no event shall such movement
be made by driving off the paved or main traveled portion of the roadway.
The provisions of this Subsection shall not relieve the driver of
a slow-moving vehicle from the duty to drive as closely as practicable
to the right-hand edge of the roadway.
C.
Except when a roadway has been divided into three
(3) traffic lanes, no vehicle shall be driven to the left side of
the center line of a highway or public road in overtaking and passing
another vehicle proceeding in the same direction unless such left
side is clearly visible and is free of oncoming traffic for a sufficient
distance ahead to permit such overtaking and passing to be completely
made without interfering with the safe operation of any vehicle approaching
from the opposite direction or any vehicle overtaken.
D.
No vehicle shall at any time be driven to the left
side of the roadway under the following conditions:
1.
When approaching the crest of a grade or upon
a curve of the highway where the driver's view is obstructed within
such distance as to create a hazard in the event another vehicle might
approach from the opposite direction.
2.
When the view is obstructed upon approaching
within one hundred (100) feet of any bridge, viaduct, tunnel or when
approaching within one hundred (100) feet of or at any intersection.
A.
No person shall stop or suddenly decrease the speed
of or turn a vehicle from a direct course or move right or left upon
a roadway unless and until such movement can be made with reasonable
safety and then only after the giving of an appropriate signal in
the manner provided herein.
1.
An operator or driver when stopping, or when
checking the speed of the operator's vehicle if the movement of other
vehicles may reasonably be affected by such checking of speed, shall
extend such operator's arm at an angle below horizontal so that the
same may be seen in the rear of the vehicle.
2.
An operator or driver intending to turn the
vehicle to the right shall extend such operator's arm at an angle
above horizontal so that the same may be seen in front of and in the
rear of the vehicle and shall slow down and approach the intersecting
highway as near as practicable to the right side of the highway along
which such operator is proceeding before turning.
3.
An operator or driver intending to turn the
vehicle to the left shall extend such operator's arm in a horizontal
position so that the same may be seen in the rear of the vehicle and
shall slow down and approach the intersecting highway so that the
left side of the vehicle shall be as near as practicable to the center
line of the highway along which the operator is proceeding before
turning.
4.
The signals herein required shall be given either
by means of the hand and arm or by a signal light or signal device
in good mechanical condition of a type approved by the State Highway
Patrol; however, when a vehicle is so constructed or loaded that a
hand and arm signal would not be visible both to the front and rear
of such vehicle, then such signals shall be given by such light or
device. A vehicle shall be considered as so constructed or loaded
that a hand and arm signal would not be visible both to the front
and rear when the distance from the center of the top of the steering
post to the left outside limit of the body, cab or load exceeds twenty-four
(24) inches, or when the distance from the center of the top of the
steering post to the rear limit of the body or load thereon exceeds
fourteen (14) feet, which limit of fourteen (14) feet shall apply
to single vehicles or combinations of vehicles. The provisions of
this Subsection shall not apply to any trailer which does not interfere
with a clear view of the hand signals of the operator or of the signaling
device upon the vehicle pulling such trailer; provided, further, that
the provisions of this Section as far as mechanical devices on vehicles
so constructed that a hand and arm signal would not be visible both
to the front and rear of such vehicle as above provided shall only
be applicable to new vehicles registered within this State after the
first day of January 1954.
A.
The driver of a vehicle upon a highway upon meeting
or overtaking from either direction any school bus which has stopped
on the highway for the purpose of receiving or discharging any school
children and whose driver has in the manner prescribed by law given
the signal to stop shall stop the vehicle before reaching such school
bus and shall not proceed until such school bus resumes motion or
until signaled by its driver to proceed.
B.
Every bus used for the transportation of school children
shall bear upon the front and rear thereon a plainly visible sign
containing the words "School Bus" in letters not less than eight (8)
inches in height. Each bus shall have lettered on the rear in plain
and distinct type the following: "State Law: Stop While Bus is Loading
and Unloading." Each school bus subject to the provisions of Sections
304.050 to 304.070, RSMo., shall be equipped with a mechanical and
electrical signaling device approved by the State Board of Education
which will display a signal plainly visible from the front and rear
and indicating intention to stop.
C.
Every school bus operated to transport students in the public school system which has a gross vehicle weight rating of more than ten thousand (10,000) pounds, which has the engine mounted entirely in front of the windshield and the entrance door behind the front wheels, and which is used for the transportation of school children shall be equipped with a crossing control arm. The crossing control arm, when activated, shall extend a minimum of five (5) feet six (6) inches from the face of the front bumper. The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls which activate the mechanical and electrical signaling devices described in Subsection (B) of this Section. This Subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri school children who have been injured or killed during the operation of a school bus.
D.
Except as otherwise provided in this Section, the
driver of a school bus in the process of loading or unloading students
upon a street or highway shall activate the mechanical and electrical
signaling devices, in the manner prescribed by the State Board of
Education, to communicate to drivers of other vehicles that students
are loading or unloading. A public school district has the authority
pursuant to Section 304.050, RSMo., to adopt a policy which provides
that the driver of a school bus in the process of loading or unloading
students upon a divided highway of four (4) or more lanes may pull
off of the main roadway and load or unload students without activating
the mechanical and electrical signaling devices in a manner which
gives the signal for other drivers to stop and may use the amber signaling
devices to alert motorists that the school bus is slowing to a stop;
provided that the passengers are not required to cross any traffic
lanes, and also provided that the emergency flashing signal lights
are activated in a manner which indicates that drivers should proceed
with caution and, in such case, the driver of a vehicle may proceed
past the school bus with due caution. No driver of a school bus shall
take on or discharge passengers at any location upon a highway consisting
of four (4) or more lanes of traffic, whether or not divided by a
median or barrier, in such manner as to require the passengers to
cross more than two (2) lanes of traffic; nor shall any passengers
be taken on or discharged while the vehicle is upon the road or highway
proper unless the vehicle so stopped is plainly visible for at least
five hundred (500) feet in each direction to drivers of other vehicles
in the case of a highway with no shoulder and a speed limit greater
than sixty (60) miles per hour and at least three hundred (300) feet
in each direction to drivers of other vehicles upon other highways,
and on all highways, only for such time as is actually necessary to
take on and discharge passengers.
E.
The driver of a vehicle upon a highway with separate
roadways need not stop upon meeting or overtaking a school bus which
is on a different roadway, which is proceeding in the opposite direction
on a highway containing four (4) or more lanes of traffic, or which
is stopped in a loading zone constituting a part of, or adjacent to,
a limited or controlled access highway at a point where pedestrians
are not permitted to cross the roadway.
A.
The driver of a vehicle approaching an intersection
shall yield the right-of-way to a vehicle which has entered the intersection
from a different highway, provided however, there is no form of traffic
control at such intersection.
B.
When two (2) vehicles enter an intersection from different
highways at approximately the same time, the driver of the vehicle
on the left shall yield the right-of-way to the driver of the vehicle
on the right. This Subsection shall not apply to vehicles approaching
each other from opposite directions when the driver of one (1) of
such vehicles is attempting to or is making a left turn.
C.
The driver of a vehicle within an intersection intending
to turn to the left shall yield the right-of-way to any vehicle approaching
from the opposite direction which is within the intersection or so
close thereto as to constitute an immediate hazard.
D.
The driver of a vehicle intending to make a left turn
into an alley, private road or driveway shall yield the right-of-way
to any vehicle approaching from the opposite direction when the making
of such left turn would create a traffic hazard.
E.
Preferential right-of-way at an intersection may be
indicated by stop signs or yield signs as authorized in Section 304.351,
RSMo.:
1.
Except when directed to proceed by a Police
Officer or traffic-control signal, every driver of a vehicle approaching
a stop intersection indicated by a stop sign shall stop at a clearly
marked stop line, but if none, before entering the crosswalk on the
near side of the intersection, or if none, then at the point nearest
the intersecting roadway where the driver has a view of approaching
traffic in the intersecting roadway before entering the intersection.
After having stopped, the driver shall yield the right-of-way to any
vehicle which has entered the intersection from another highway or
which is approaching so closely on the highway as to constitute an
immediate hazard during the time when such driver is moving across
or within the intersection.
2.
The driver of a vehicle approaching a yield
sign shall in obedience to the sign slow down to a speed reasonable
to the existing conditions and, if required for safety to stop, shall
stop at a clearly marked stop line, but if none, then at the point
nearest the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway. After slowing or stopping the
driver shall yield the right-of-way to any vehicle in the intersection
or approaching on another highway so closely as to constitute an immediate
hazard during the time such traffic is moving across or within the
intersection.
F.
The driver of a vehicle about to enter or cross a
highway from an alley, building or any private road or driveway shall
yield the right-of-way to all vehicles approaching on the highway
to be entered.
G.
The City may, on any section of road where construction or major maintenance operations are being effected, fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of Section 340.160.
[1]
State Law Reference: This Section has additional
penalties based on certain circumstances, § 304.351, RSMo.
The driver of a vehicle shall not follow another
vehicle more closely than is reasonably safe and prudent, having due
regard for the speed of such vehicle and the traffic upon and the
condition of the roadway. Vehicles being driven upon any roadway outside
of a business or residence district in a caravan or motorcade, whether
or not towing other vehicles, shall be so operated, except in a funeral
procession or in a duly authorized parade, so as to allow sufficient
space between each such vehicle or combination of vehicles as to enable
any other vehicle to overtake or pass such vehicles in safety. This
Section shall in no manner affect Section 304.044, RSMo., relating
to distance between trucks traveling on the highway.
A.
Definitions. As
used in this Section, the following terms shall have the meanings
set out herein:
- ACTIVE EMERGENCY
- Any incident occurring on a highway, as the term "highway" is defined in Section 302.010, RSMo., that requires emergency services from any emergency responder.
- ACTIVE EMERGENCY ZONE
- Any area upon or around any highway, which is visibly marked by emergency responders performing work for the purpose of emergency response, and where an active emergency, or incident removal, is temporarily occurring. This area includes the lanes of highway leading up to an active emergency or incident removal, beginning within three hundred (300) feet of visual sighting of:
- EMERGENCY RESPONDER
- Any law enforcement officer, paid or volunteer firefighter, first responder, emergency medical worker, tow truck operator, or other emergency personnel responding to an emergency on a highway.
B.
Offense Of Endangerment Of An Emergency Responder,
Elements.
1.
A person commits the offense of endangerment
of an emergency responder for any of the following offenses when the
offense occurs within an active emergency zone:
a.
Exceeding the posted speed limit by fifteen
(15) miles per hour or more;
c.
Failure to stop for an active emergency zone
flagman or emergency responder, or failure to obey traffic control
devices erected, or personnel posted, in the active emergency zone
for purposes of controlling the flow of motor vehicles through the
zone;
d.
Driving through or around an active emergency
zone via any lane not clearly designated for motorists to control
the flow of traffic through or around the active emergency zone;
e.
Physically assaulting, attempting to assault,
or threatening to assault an emergency responder with a motor vehicle
or other instrument; or
f.
Intentionally striking, moving or altering barrels,
barriers, signs or other devices erected to control the flow of traffic
to protect emergency responders and motorists unless the action was
necessary to avoid an obstacle, an emergency, or to protect the health
and safety of an occupant of the motor vehicle or of another person.
2.
Except for the offense established under Subsection (B)(1)(f) of this Section, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one or more emergency responders were responding to an active emergency.
3.
No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under Subsection (B)(1) of this Section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle, or from the negligence of another person or emergency responder.
C.
Violations, Penalties.
1.
Upon the first conviction, finding of guilt or plea of guilty by any person for a moving violation, as the term "moving violation" is defined in Section 302.010, RSMo., or any offense listed in Section 302.302, RSMo., other than a violation described in Subsection (C)(2) of this Section, when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars ($35.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of seventy-five dollars ($75.00) in addition to any other fine authorized by law.
2.
Upon the first conviction, finding of guilt or plea of guilty by any person for a speeding violation under either Section 304.009 or 304.010, RSMo., or Chapter 320 of this Code, or a passing violation under Subsection (C)(3) of this Section, when the violation or offense occurs within an active emergency zone and emergency responders were present in such zone at the time of the offense or violation, the court shall assess a fine of two hundred fifty dollars ($250.00) in addition to any other fine authorized by law. Upon a second or subsequent conviction, finding of guilt or plea of guilty, the court shall assess a fine of three hundred dollars ($300.00) in addition to any other fine authorized by law. However, no person assessed an additional fine under this Subsection shall also be assessed an additional fine under Subsection (C)(1) of this Section.
3.
The driver of a motor vehicle shall not overtake
or pass another motor vehicle within an active emergency zone.
4.
The additional fines imposed by this Section
shall not be construed to enhance the assessment of court costs.