[Amended 2-8-2021 by Ord.
No. 935]
The state traffic laws regulating the speed of vehicles shall
be applicable upon all streets within the City, except that the City
may by ordinance declare and determine upon the basis of engineering
and traffic investigation that certain speed regulations shall be
applicable upon specified streets in certain areas, in which event
it shall be unlawful for any person to drive a vehicle at a speed
in excess of any speed so declared when signs are in place giving
notice thereof.
[Added 2-8-2021 by Ord.
No. 935]
No person shall operate a motor vehicle on any streets in the
City at any time in excess of 20 miles per hour except as a greater
or lesser speed is otherwise posted.
[Added 2-8-2021 by Ord.
No. 935]
No person shall operate a motor vehicle upon those streets which are set forth in § 76.103 at a rate of speed in excess of that speed limit set forth therein.
[Added 2-8-2021 by Ord.
No. 935]
A.
There shall be a speed limit of 30 miles per hour established on
Route C within the City, and on Main Street between Route MM and US
Route 61.
B.
There shall be a speed limit on Route MM of 30 miles per hour, increasing
to 45 miles per hour, and increasing to 55 miles per hour, as marked
by state-erected speed limit signs.
C.
There shall be a 15 miles per hour speed limit on Humphrey Drive
and all streets in Moscow Meadows Mobile Home Park, Tropicana Village
Mobile Home Park, and Elm Tree Commons.
[Amended 3-13-2023 by Ord. No. 1026]
D.
There shall be a 60 miles per hour speed limit on US Route 61 as
posted by the Missouri Department of Transportation for portions of
US Route 61 within the City.
E.
There shall be a speed limit of 35 miles per hour as posted by the
Missouri Department of Transportation on the state-owned portions
of John Deere Drive within the City.
F.
There shall be a speed limit of 30 miles per hour on a portion of
Tropicana Village Drive from US Route 61 to Blackburn Court.
G.
There shall be a speed limit of 30 miles per hour on Hampel Road.
When signs are erected giving notice thereof, no person shall
operate a vehicle of a gross vehicle license weight rating in excess
of 24,000 pounds upon any of the streets or parts of the streets so
designated, except local trucks making deliveries to residents thereon
of goods, including household moving trucks, and also excepting any
persons who reside on the street driving a motor vehicle to and from
their home in order to commute to and from work.
A.
ALL-TERRAIN VEHICLE, RECREATIONAL OFF-HIGHWAY VEHICLE, and UTILITY
VEHICLE
OFF-ROAD VEHICLE
1.
a.
b.
2.
As used in this section, the following terms mean:
As defined in § 301.010, RSMo.
Is defined as any vehicle designed for or capable of cross-country
travel on or immediately over land, water, ice, snow, marsh, swampland,
or other natural terrain without benefit of a road or trail:
Including, without limitation, the following:
All-terrain vehicles, recreational off-highway vehicles, and
utility vehicles (which include vehicles commonly referred to as "four-wheelers,"
"side-by-sides," and "gators");
Off-road jeeps; dune buggies; go-carts; multi-wheel drive or
low-pressure tire vehicles; vehicles using an endless belt, or tread
or treads, or a combination of tread and low-pressure tires; dirt
bikes, trail bikes, mini-bikes and related vehicles; and any other
means of transportation deriving power from any source other than
muscle or wind; and
Excluding the following: registered motorboats; aircraft; any
military, fire or law enforcement vehicle; farm-type tractors and
other self-propelled equipment for harvesting and transporting farm
or forest products; any vehicle being used for farm purposes, earth
moving, or construction while being used for such purposes on the
work site; self-propelled lawnmowers, or lawn or garden tractors,
or golf carts, while being used exclusively for their designed purpose;
and any vehicle being used for the purpose of transporting a handicapped
person short distances on City streets.
B.
No person shall operate an off-road vehicle, as defined in this section,
upon the streets, alleys, or sidewalks of the City, except as follows:
1.
Off-road vehicles owned and operated by a governmental entity for
official use;
2.
Off-road vehicles operated for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the
day of operation; and
3.
Off-road vehicles operated by handicapped persons for short distances
occasionally only on the City's streets when operated between the
hours of sunrise and sunset.
C.
Any person operating an off-road vehicle shall maintain proof of
financial responsibility in accordance with § 303.160, RSMo.,
or maintain any other insurance policy providing equivalent liability
coverage for an off-road vehicle.
D.
No person shall operate an off-road vehicle within any stream or
river in this state, 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.
E.
A person operating an off-road 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 B3 of this section, 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 30 miles
per hour.
G.
The following restrictions apply to all-terrain vehicles:
1.
No persons shall operate an all-terrain vehicle 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 18 years
of age.
2.
When operated on a roadway, an all-terrain vehicle shall have a bicycle
safety flag, which extends not less than seven 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 30 square inches
and shall be day-glow in color.
H.
The following restrictions apply to recreational off-highway vehicles:
1.
An individual shall not operate a recreational off-highway vehicle
upon the streets, alleys, or sidewalks of the City without displaying
a lighted headlamp and a lighted tail lamp.
2.
A person may not operate a recreational off-highway vehicle upon
streets, alleys, or sidewalks of the City unless such person wears
a seat belt.
3.
When operated on the streets, alleys, or sidewalks of the City, 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.
I.
No operator of an off-road vehicle shall carry a passenger unless
the seats of such vehicle are designed to carry more than one person.
A.
No person shall drive a motor vehicle at such a slow speed as to
impede or block the normal and reasonable movement of traffic, except
when reduced speed is necessary for safe operation or in compliance
with law. Police officers may enforce the provisions of this section
by directions to drivers, and in the event of apparent willful disobedience
to this provision and refusal to comply with direction of an officer
in accordance herewith, the continued slow operation by a driver is
unlawful.
B.
No vehicle shall be operated at a speed of less than 40 miles per
hour on any highway which is part of the interstate system of highways,
unless:
1.
A slower speed is required for the safe operation of the vehicle
because of weather or other special conditions; or
2.
Agricultural implements, self-propelled hay-hauling equipment, implements
of husbandry and vehicles transporting such vehicles or equipment
may be operated occasionally on interstate highways for short distances
at a speed of less than 40 miles per hour if such vehicle or equipment
is operated pursuant to a special permit issued by the chief engineer
of the state department of transportation pursuant to § 304.200,
RSMo., and the regulations established pursuant to such section.
Every person operating a motor vehicle within the 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 municipalities where vehicles are obliged to move in
one direction only or parking of motor vehicles is regulated by ordinance.
B.
Upon all streets and 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 other traffic regulations of
the City;
3.
When the right half of a street is closed to traffic while under
construction or repair;
4.
Upon a street 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 street or highway which
has been divided into two 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 street, except at an intersection or
interchange or at any signed location. The provisions of this subsection
shall not apply to emergency vehicles, law enforcement vehicles or
to vehicles operated by a governmental entity for official use.
D.
The City may erect signs temporarily designating lanes to be used
by traffic moving in a particular direction, regardless of the center
line of the street, 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 street or highway has been divided into three or more
clearly marked lanes for traffic, the following rules in addition
to all others 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 street or highway which is divided into three lanes a vehicle
shall not be driven in the center lane, except when overtaking and
passing another vehicle where the street 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 sign-posted to give notice of such allocation;
3.
Upon all streets and 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;
4.
Official signs may be erected 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 street has been divided
into traffic lanes, each driver shall give to the other at least one-half
of the main traveled portion of the roadway whenever possible.
F.
All vehicles in motion upon a street or highway having two 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.
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.
The driver of a motor vehicle may overtake and pass to the right
of another vehicle only under the following conditions:
1.
When the vehicle overtaken is making or about to make a left turn;
2.
Upon a City street with unobstructed pavement of sufficient width
for two or more lines of vehicles in each direction;
3.
Upon a one-way street;
4.
Upon any highway outside of a City with unobstructed pavement of
sufficient width and clearly marked for four or more lines of traffic.
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 street or highway has been divided into three traffic
lanes, no vehicle shall be driven to the left side of the center line
of a roadway 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 a street
or highway under the following conditions:
1.
When approaching the crest of a grade or upon a curve of the roadway
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 100 feet of any
bridge, viaduct, tunnel or when approaching within 100 feet of or
at any intersection or railroad grade crossing.
A.
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.
B.
The driver of any non-emergency vehicle shall not follow any emergency
vehicle traveling in response to an emergency call closer than 500
feet.
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 500 feet, or is within 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 25 feet ahead, and in no case higher than a level of
42 inches above the level upon which the vehicle stands at a distance
of 75 feet ahead.
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 operator's 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 street or highway
as near as practicable to the right side of the street or highway
along which such operator is proceeding before turning.
3.
An operator or driver intending to turn the operator's 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 street or highway so that
the left side of the vehicle shall be as near as practicable to the
center line of the street or 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 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 14 feet, which limit of 14 feet
shall apply to single vehicles or combinations of vehicles. The provisions
of this subdivision 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.
Upon the immediate approach of an emergency vehicle giving audible
signal by siren or while having at least one lighted lamp exhibiting
red light visible under normal atmospheric conditions from a distance
of 500 feet to the front of such vehicle or a flashing blue light
authorized by § 307.175, RSMo., the driver of every other
vehicle shall yield the right-of-way and shall immediately drive to
a position parallel to, and as far as possible to the right of, the
traveled portion of the street or highway and thereupon stop and remain
in such position until such emergency vehicle has passed, except when
otherwise directed by a police officer.
B.
Upon approaching a stationary vehicle displaying lighted red or red
and blue lights, or a stationary vehicle displaying lighted amber
or amber and white lights, the driver of every motor vehicle shall:
1.
Proceed with caution and yield the right-of-way, if possible with
due regard to safety and traffic conditions, by making a lane change
into a lane not adjacent to that of the stationary vehicle, if on
a roadway having at least four lanes with not less than two lanes
proceeding in the same direction as the approaching vehicle; or
2.
Proceed with due caution and reduce the speed of the vehicle, maintaining
a safe speed for road conditions, if changing lanes would be unsafe
or impossible.
C.
An "emergency vehicle" is a vehicle of any of the following types:
1.
A vehicle operated by the State Highway Patrol, the State Water Patrol,
the Missouri Capitol Police, a conservation agent, or a state park
ranger, those vehicles operated by enforcement personnel of the State
Highways and Transportation Commission, Police or Fire Department,
Sheriff, Constable or Deputy Sheriff, federal law enforcement officer
authorized to carry firearms and to make arrests for violations of
the laws of the United States, traffic officer or coroner or by a
privately owned emergency vehicle company;
2.
A vehicle operated as an ambulance or operated commercially for the
purpose of transporting emergency medical supplies or organs;
3.
Any vehicle qualifying as an emergency vehicle pursuant to § 307.175,
RSMo.;
4.
Any wrecker, or tow truck or a vehicle owned and operated by a public
utility or public service corporation while performing emergency service;
5.
Any vehicle transporting equipment designed to extricate human beings
from the wreckage of a motor vehicle;
6.
Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of Chapter 44 of the Missouri Revised Statutes;
7.
Any vehicle operated by an authorized employee of the Department
of Corrections who, as part of the employee's official duties, is
responding to a riot, disturbance, hostage incident, escape or other
critical situation where there is the threat of serious physical injury
or death, responding to mutual aid call from another criminal justice
agency, or in accompanying an ambulance which is transporting an offender
to a medical facility;
8.
Any vehicle designated to perform hazardous substance emergency functions
established pursuant to the provisions of §§ 260.500
to 260.550, RSMo.;
9.
Any vehicle owned by the State Highways and Transportation Commission
and operated by an authorized employee of the Department of Transportation
that is marked as a Department of Transportation emergency response
or motorist assistance vehicle; or
10.
Any vehicle owned and operated by the civil support team of the Missouri
National Guard while in response to or during operations involving
chemical, biological, or radioactive materials or in support of official
requests from the state of Missouri involving unknown substances,
hazardous materials, or as may be requested by the appropriate state
agency acting on behalf of the Governor.
D.
The driver of any vehicle referred to in Subsection C of this section shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.
A.
The driver of a vehicle intending to turn at an intersection shall
do so as follows:
1.
Right turns. Both the approach for a right turn and a right turn
shall be made as close as practicable to the right-hand curb or edge
of the roadway.
2.
Left turns. The driver of a vehicle intending to turn left at any
intersection shall approach the intersection in the extreme left-hand
lane lawfully available to the traffic moving in the direction of
travel of such vehicle and, after entering the intersection, the left
turn shall be made so as to leave the intersection in a lane lawfully
available to traffic moving in such direction upon the roadway being
entered.
3.
Official traffic-control devices may be placed within or adjacent
to intersections and thereby require and direct that a different course
from that specified in this section be traveled by vehicles turning
at an intersection, and when such devices are so placed no driver
of a vehicle shall turn a vehicle at any intersection other than as
directed and required by such devices.
B.
It shall be unlawful for the driver of any vehicle to turn such vehicle
so as to proceed in the opposite direction at any intersection controlled
by a traffic signal or police officer; nor shall such turn be made
at any place unless the movement can be made in safety and without
interfering with other traffic. The driver of a vehicle shall not
turn such vehicle around so as to proceed in the opposite direction
upon any curve or upon the approach to or near the crest of a grade,
or at any place upon a roadway where such vehicle cannot be seen by
the driver of any other vehicle approaching from either direction
along the roadway within a distance of 300 feet, or where the same
may create a traffic hazard.
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 street or highway, provided, however, there is no form
of traffic control at such intersection.
B.
When two vehicles enter an intersection from different streets or
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 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.
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 roadway or which is approaching
so closely on the roadway as to constitute an immediate hazard during
the time when such driver is moving across or within the intersection.
E.
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 street or highway
from an alley, parking lot, or any private road or driveway shall
yield the right of way to all vehicles approaching on the highway
to be entered.
G.
The driver of a vehicle intending to make a left turn into an alley,
parking lot, 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.
A.
No person shall operate any truck within the limits of the City when
any person is riding in the unenclosed bed of such truck. No person
under 18 years of age shall ride in the unenclosed bed of such truck
when the truck is in operation within the City limits.
B.
The provisions of this section shall not apply to:
1.
The operation of a truck solely on privately-owned property;
2.
An employee engaged in the necessary discharge of the employee's
duties where it is necessary to ride in the unenclosed bed of the
truck;
3.
Any person while engaged in agricultural activities where it is necessary
to ride in the unenclosed bed of the truck;
4.
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;
5.
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;
6.
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 and it is necessary that the person ride in such unenclosed
bed due to a lack of available seating. "Special event", for the purposes
of this section, is a specific social activity of a definable duration
which is participated in by the person riding in the unenclosed bed;
7.
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
8.
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 purposes of this subsection, the
term "family" shall mean any persons related within first degree of
consanguinity.
No person shall ride on any part of a motor vehicle while the
same is in motion, except on the seats that are provided for that
purpose. Riding on a fender, running board, or any other part of a
motor vehicle while the same is in motion, or riding with any part
of the body protruding beyond the limits of the vehicle is prohibited.
[Amended 10-10-2023 by Ord. No. 1049]
A.
COMMERCIAL MOTOR VEHICLE
ELECTRONIC COMMUNICATION DEVICE
1.
2.
HIGHWAY
NONCOMMERCIAL MOTOR VEHICLE
OPERATING
OPERATOR
SCHOOL Bus
VOICE-OPERATED OR HANDS-FREE FEATURE OR FUNCTION
As used
in this section, the following terms shall mean:
The same meaning as is ascribed to such term in § 302.700,
RSMo.
A portable device that is used to initiate, receive, store,
or view communication, information, images, or data electronically.
Such term, shall include, but not be limited to: cellular telephones;
portable telephones; text-messaging devices; personal digital assistants;
pagers; broadband personal communication devices; electronic devices
with mobile data access; computers, including but not limited to tablets,
laptops, notebook computers, and electronic or video game systems;
devices capable of transmitting, retrieving, or displaying a video,
movie, broadcast television image, or visual image; and any substantially
similar device that is used to initiate or receive communication or
store and review information, videos, images, or data.
Such term shall not include: radios; citizens band radios; commercial
two-way radio communication devices or their functional equivalent;
subscription-based emergency communication devices; prescribed medical
devices; amateur or ham radio devices; or global positioning system
receivers, security, navigation, communication, or remote diagnostics
systems permanently affixed to the vehicle.
The same meaning as is ascribed to such term in § 302.010,
RSMo.
The same meaning as is ascribed to such term in § 302.700,
RSMo.
The actual physical control of a vehicle.
A person who is in actual physical control.
The same meaning as is ascribed to such term in § 302.700,
RSMo.
A feature or function, whether internally installed or externally
attached or connected to an electronic communication device, that
allows a person to use an electronic communication device without
the use of either hand, except to activate, deactivate, or initiate
the feature or function with a single touch or single swipe.
B.
Except
as otherwise provided in this section, while operating a noncommercial
motor vehicle or commercial motor vehicle on any highway or property
open to the public for vehicular traffic in this State, no operator
shall:
1.
Physically
hold or support, with any part of his or her body, an electronic communication
device;
2.
Write,
send, or read any text-based communication, including but not limited
to a text message, instant message, email, or social media interaction
on an electronic communication device. This subsection shall not apply
to operators of a noncommercial motor vehicle using a voice-operated
or hands-free feature or function that converts the message to be
sent as a message in a written form, provided that the operator does
not divert his or her attention from lawful operation of the vehicle;
3.
Make
any communication on an electronic communication device, including
a phone call, voice message, or one-way voice communication; provided,
however, that this prohibition shall not apply to use of a voice-operated
or hands-free feature or function;
4.
Engage
in any form of electronic data retrieval or electronic data communication
on an electronic communication device;
5.
Manually
enter letters, numbers, or symbols into any website, search engine,
or application on an electronic communication device;
6.
Watch
a video or movie on an electronic communication device, other than
watching data related to the navigation of the vehicle; or
7.
Record,
post, send, or broadcast video, including a video conference, on an
electronic communication device, provided that this prohibition shall
not apply to electronic devices used for the sole purpose of continually
monitoring operator behavior by recording or broadcasting video within
or outside the vehicle.
C.
The operator
of a school bus shall not use or operate an electronic communication
device while the school bus is in motion unless the device is being
used in a similar manner as a two-way radio to allow live communication
between the operator and school officials or public safety officials.
The operator of a school bus shall not use or operate an electronic
communication device or a two-way radio while loading or unloading
passengers.
D.
This section
shall not apply to:
1.
Law enforcement
officers or operators of emergency vehicles, as such term is defined
in § 304.022, RSMo., who are both using the electronic communication
device and operating the emergency vehicle in the performance of their
official duties;
2.
Operators
using an electronic communication device for the sole purpose of reporting
an emergency situation and continuing communication with emergency
personnel during the emergency situation;
3.
Operators
of noncommercial motor vehicles using an electronic communication
device solely through a voice-operated or hands-free feature or function;
4.
Operators
of commercial motor vehicles using a voice-operated or hands-free
feature or function, as long as the operator remains seated and is
restrained by a seat belt as required by law;
5.
Operators
of commercial motor vehicles reading a message displayed on a permanently
installed communication device designed for a commercial motor vehicle
with a screen that does not exceed 10 inches tall by 10 inches wide
in size;
6.
Operators
using electronic communication devices while the vehicle is lawfully
stopped or parked;
7.
Commercial
motor vehicles that are responding to a request for roadside assistance,
when such response is conducted by a motor club as defined in §
385.450, RSMo., or a towing company as defined in § 304.001,
RSMo.;
8.
The use
of an electronic communication device to relay information between
a transit or for-hire vehicle operator and that operator's dispatcher,
provided the device is mounted or affixed to the vehicle;
9.
The use
of an electronic communication device to access or view a map for
navigational purposes;
10.
The
use of an electronic communication device to access or listen to an
audio broadcast or digital audio recording; or
11.
The
use of an electronic communication device to relay information through
a transportation network company's digital network to a transportation
network company driver, provided the device is mounted or affixed
to the vehicle.
E.
Violation
and penalty.
1.
Except
as otherwise provided in this subsection, violation of this section
shall be an infraction. Penalties for violations of this section shall
be as provided in this subsection. Prior convictions shall be pleaded
and proven in the same manner as required under § 558.021, RSMo.
2.
For a
conviction under this section where there is no prior conviction under
this section within the preceding 24 months, the court shall impose
a fine of up to $150.
3.
For a
conviction under this section where there is one prior conviction
under this section within the preceding 24 months, the court shall
impose a fine of up to $250.
4.
For a
conviction under this section where there are two or more prior convictions
under this section in the preceding 24 months, the court shall impose
a fine of up to $500.
5.
For a
conviction under this section where the violation occurred in a work
zone when workers are present, as such terms are defined in §
304.580, RSMo., or for a conviction under this section where the violation
occurred in an area designated as a school zone and marked in any
way that would alert a reasonably prudent operator to the presence
of the school zone, the court shall impose a fine of up to $500.
F.
A law
enforcement officer who stops a noncommercial motor vehicle for a
violation of this section shall inform the operator of the operator's
right to decline a search of their electronic communication device.
No warrant shall be issued to confiscate or access an electronic communication
device based on a violation of this section unless the violation results
in serious bodily injury or death.
G.
A violation
of this section shall not be used to establish probable cause for
any other violation.
H.
The provisions
of this section shall be subject to the reporting requirements set
forth in § 590.650, RSMo.
I.
Prior
to January 1, 2025, a law enforcement officer who stops a noncommercial
motor vehicle for a violation of this section shall not issue a citation
for a violation of this section and shall only issue a warning.
J.
No person
shall be stopped, inspected, or detained solely for a violation of
this section.
A.
The driver of a vehicle upon a street or highway upon meeting or
overtaking from either direction any school bus which has stopped
on the roadway 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.
The driver of a vehicle upon a street or highway with separated roadways
need not stop upon meeting or overtaking a school bus which is on
a different roadway, or which is proceeding in the opposite direction
on a highway containing four 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.
C.
The driver of any school bus driving upon the highways of this state
after loading or unloading school children, shall remain stopped if
the bus is followed by three or more vehicles, until such vehicles
have been permitted to pass the school bus, if the conditions prevailing
make it safe to do so.
D.
If any vehicle is witnessed by a police officer or the driver of
a school bus to have violated the provisions of this section and the
identity of the operator is not otherwise apparent, it shall be a
rebuttable presumption that the person in whose name such vehicle
is registered committed the violation. In the event that charges are
filed against multiple owners of a motor vehicle, only one of the
owners may be convicted and court costs may be assessed against only
one of the owners. If the vehicle which is involved in the violation
is registered in the name of a rental or leasing company and the vehicle
is rented or leased to another person at the time of the violation,
the rental or leasing company may rebut the presumption by providing
the police officer or prosecuting authority with a copy of the rental
or lease agreement in effect at the time of the violation. No prosecuting
authority may bring any legal proceedings against a rental or leasing
company under this section unless prior written notice of the violation
has been given to that rental or leasing company by registered mail
at the address appearing on the registration and the rental or leasing
company has failed to provide the rental or lease agreement copy within
15 days of receipt of such notice.
A.
FUNERAL DIRECTOR
FUNERAL LEAD VEHICLE or LEAD VEHICLE
ORGANIZED FUNERAL PROCESSION
Definitions:
A person licensed as a funeral director pursuant to the provisions
of Chapter 333, RSMo.
Any motor vehicle equipped with at least one lighted circulating
lamp exhibiting an amber or purple light or lens or alternating flashing
headlamps visible under normal atmospheric conditions for a distance
of 500 feet from the front of the vehicle. A hearse or coach properly
equipped may be a lead vehicle.
Two 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.
Right-of-way:
1.
Except as otherwise provided for in this subsection, 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 § 304.022, RSMo., or when
directed to do so by a law enforcement officer.
C.
Participants:
1.
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.
2.
No person shall operate any vehicle as part of an organized funeral
procession without the flashing emergency lights of such vehicle being
lighted.
D.
Non-participants:
1.
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, 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
granted in this section; or
c.
Attempt to pass any vehicle in an organized funeral procession, except
where a passing lane has been specifically provided.
2.
When an organized funeral procession is proceeding through a red
signal light as permitted in this, 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.
A.
The driver of any vehicle shall obey the instructions of any official
traffic-control device applicable thereto placed in accordance with
the provisions of the law, unless otherwise directed by a traffic
or police officer, subject to the exceptions granted the driver of
an authorized emergency vehicle in the law.
B.
No provision of the law for which official traffic-control devices
are required shall be enforced against an alleged violator if at the
time and place of the alleged violation an official device is not
in proper position and sufficiently legible to be seen by an ordinarily
observant person. Whenever a particular section does not state that
official traffic-control devices are required, such section shall
be effective even though no devices are erected or in place.
C.
Whenever official traffic-control devices are placed in position
approximately conforming to the requirements of the law, such devices
shall be presumed to have been so placed by the official act or direction
of lawful authority, unless the contrary shall be established by competent
evidence.
D.
Any official traffic-control device placed pursuant to the provisions
of the law and purporting to conform to the lawful requirements pertaining
to such devices shall be presumed to comply with the requirements
of this chapter, unless the contrary shall be established by competent
evidence.
A.
Whenever traffic is controlled by traffic control signals exhibiting
different colored lights, or colored lighted arrows, successively
one at a time or in combination, only the colors green, red and yellow
shall be used, except for special pedestrian signals carrying a word
legend, and said lights shall indicate and apply to drivers of vehicles
and pedestrians as follows:
1.
Green indication.
a.
Vehicular traffic facing a circular green signal may proceed straight
through or turn right or left unless a sign at such place prohibits
either such turn. But vehicular traffic, including vehicles turning
right or left, shall yield the right-of-way to other vehicles and
to pedestrians lawfully within the intersection or an adjacent crosswalk
at the time such signal is exhibited.
b.
Vehicular traffic facing a green arrow signal, shown alone or in
combination with another indication, may cautiously enter the intersection
only to make the movement indicated by such arrow, or such other movement
as is permitted by other indications shown at the same time. Such
vehicular traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other traffic lawfully using the
intersection.
c.
Unless otherwise directed by a pedestrian control signal, pedestrians
facing any green signal, except when the sole green signal is a turn
arrow, may proceed across the roadway within any marked or unmarked
crosswalk.
2.
Steady yellow indication.
a.
Vehicular traffic facing a steady yellow signal is thereby warned
that the related green movement is being terminated or that a red
indication will be exhibited immediately thereafter when vehicular
traffic shall not enter the intersection.
b.
Pedestrians facing a steady yellow signal, unless otherwise directed
by a pedestrian control signal, are thereby advised that there is
insufficient time to cross the roadway before a red indication is
shown and no pedestrian shall then start to cross the roadway.
3.
Steady red indication.
a.
Vehicular traffic facing a steady red signal alone shall stop before
entering the crosswalk on the near side of the intersection at a clearly
marked stop line but, if none, then before entering the intersection
and shall remain standing until an indication to proceed is shown
except as provided in Subsection A3b.
b.
The driver of a vehicle which is stopped as close as practicable
at the entrance to the crosswalk on the near side of the intersection
or, if none, then at the entrance to the intersection in obedience
to a red signal, may cautiously enter the intersection to make a right
turn but shall yield the right-of-way to pedestrians and other traffic
proceeding as directed by the signal at the intersection, except that
the state highways and transportation commission with reference to
an intersection involving a state highway, and local authorities with
reference to an intersection involving other highways under their
jurisdiction, may prohibit any such right turn against a red signal
at any intersection where safety conditions so require, said prohibition
shall be effective when a sign is erected at such intersection giving
notice thereof.
c.
Unless otherwise directed by a pedestrian control signal, pedestrians
facing a steady red signal alone shall not enter the roadway.
4.
In the event an official traffic control signal is erected and maintained
at a place other than an intersection, the provision of this section
shall be applicable except as to those provisions which by their nature
can have no application. Any stop required shall be made at a sign
or marking on the pavement indicating where the stop shall be made,
but in the absence of any such sign or marking the stop shall be made
at the signal.
A.
Whenever special pedestrian-control signals exhibiting the words
"Walk" or "Don't Walk" are in place such signals shall indicate as
follows:
1.
Walk. Pedestrians facing such signal may proceed across the roadway
in the direction of the signal and shall be given the right-of-way
by the drivers of all vehicles.
2.
Don't walk. No pedestrian shall start to cross the roadway in the
direction of such signal, but any pedestrian who has partially completed
his crossing on the "walk" signal shall proceed to a sidewalk or safety
island while the "don't walk" signal is showing.
A.
Whenever an illuminated flashing red or yellow signal is used in
a traffic sign or signal it shall require obedience by vehicular traffic
as follows:
1.
Flashing red (stop signal). When a red lens is illuminated with rapid
intermittent flashes, drivers of vehicles 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 on the intersecting roadway before entering the intersection,
and the right to proceed shall be subject to the rules applicable
after making a stop at a stop sign.
2.
Flashing yellow (caution signal). When a yellow lens is illuminated
with rapid intermittent flashes, drivers of vehicles may proceed through
the intersection or pass such signal only with caution.
No person shall, without lawful authority, attempt to or in
fact alter, deface, injure, knock down or remove any official traffic-control
device or any railroad sign or signal or any inscription, shield or
insignia thereon, or any other part thereof.
A.
Upon conviction or plea of guilty by any person for a moving violation
as defined in § 302.010, RSMo., or any offense listed in
§ 302.302, RSMo., the court shall assess a fine of $35 in
addition to any other fine authorized to be imposed by law, if the
offense occurred within a construction zone or a work zone.
B.
Upon conviction or plea of guilty by any person for a speeding violation under § 76.100, or a passing violation under Subsection D of this section, the court shall assess a fine of $250 in addition to any other fine authorized by law if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any highway worker in such zone. However, no person assessed an additional fine under this subsection shall also be assessed an additional fine under Subsection A of this section, and no person shall be assessed an additional fine under this subsection if no signs have been posted under Subsection C of this section.
C.
The penalty authorized by Subsection B of this section shall only be assessed by the court if there have been erected signs upon or around a construction zone or work zone which are clearly visible from the highway and which state substantially the following message: "Warning: Minimum $250 fine for speeding or passing in this work zone when workers are present."
D.
The driver of a motor vehicle may not overtake or pass another motor
vehicle within a work zone or construction zone as provided in this
subsection.
1.
This subsection applies to a construction zone or work zone located
upon a highway divided into two or more marked lanes for traffic moving
in the same direction and for which motor vehicles are instructed
to merge from one lane into another lane and not pass by appropriate
signs or traffic control devices erected.
2.
This subsection also prohibits the operator of a motor vehicle from
passing or attempting to pass another motor vehicle in a work zone
or construction zone located upon a two-lane highway when highway
workers or equipment are working and when appropriate signs or traffic
control devices have been erected.
E.
As used in this section, the term "construction zone" or "work zone"
means any area upon or around any highway, which is visibly marked
as an area where construction, maintenance, incident removal, or other
work is temporarily occurring. The term "work zone" or "construction
zone" also includes the lanes of highway leading up to the area upon
which an activity described in this subsection is being performed,
beginning at the point where appropriate signs or traffic control
devices are posted or placed. The terms "worker" or "highway worker"
as used this section shall mean any person who is working in a construction
zone or work zone on a highway or the right-of-way of a highway, any
employee of the state department of transportation who is performing
duties under the department's motorist assist program on a highway
or the right-of-way of a highway, or any utility worker performing
utility work on a highway or the right-of-way of a highway.
The operator of a motor vehicle overtaking a bicycle proceeding
in the same direction on the roadway shall leave a safe distance when
passing the bicycle, and shall maintain clearance until safely past
the overtaken bicycle.
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 drive a vehicle onto or from any controlled
access roadway except at such entrances and exits as are established
by public authority.
No procession or parade, 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.
No driver shall operate a motor vehicle on any private road
or driveway, parking lot or any area which is not a highway, road
or street as defined herein, for the purpose of avoiding travel upon
the right-of-way between one highway, road or street and the same
or another highway, road or street. This violation may be referred
to as "cutting a corner."
