A.
As used in this section, the term "passenger car" means every motor
vehicle designed for carrying 10 persons or less and used for the
transportation of persons; except that, the term "passenger car" shall
not include motorcycles, motorized bicycles, motor tricycles, and
trucks with a licensed gross weight of 12,000 pounds or more.
B.
Each driver, except persons employed by the United States Postal
Service while performing duties for that federal agency which require
the operator to service postal boxes from their vehicles, or which
require frequent entry into and exit from their vehicles, and front
seat passenger of a passenger car manufactured after January 1, 1968,
operated on a street or highway in this City, and persons less than
18 years of age operating or riding in a truck, as defined in § 301.010,
RSMo., on a street or highway of this City shall wear a properly adjusted
and fastened safety belt that meets federal National Highway Transportation
and Safety Act requirements. No person shall be stopped, inspected,
or detained solely to determine compliance with this subsection. The
provisions of this section and § 307.179, RSMo., shall not
be applicable to persons who have a medical reason for failing to
have a seat belt fastened about their body, nor shall the provisions
of this section be applicable to persons while operating or riding
a motor vehicle being used in agricultural work-related activities.
Noncompliance with this subsection shall not constitute probable cause
for violation of any other provision of law. The provisions of this
subsection shall not apply to the transporting of children under 16
years of age, as provided in § 307.179, RSMo.
C.
Each driver of a motor vehicle transporting a child less than 16
years of age shall secure the child in a properly adjusted and fastened
restraint under § 307.179, RSMo.
D.
Except as otherwise provided for in § 307.179, RSMo., each person who violates the provisions of Subsection B of this section is guilty of an ordinance violation for which a fine not to exceed $10 may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this section.
E.
If there are more persons than there are seat belts in the enclosed
area of a motor vehicle, then the passengers who are unable to wear
seat belts shall sit in the area behind the front seat of the motor
vehicle unless the motor vehicle is designed only for a front-seated
area. The passenger or passengers occupying a seat location referred
to in this subsection is not in violation of this section. This subsection
shall not apply to passengers who are accompanying a driver of a motor
vehicle who is licensed under section 302.178, RSMo.
A.
CHILD BOOSTER SEAT
CHILD PASSENGER RESTRAINT SYSTEM
DRIVER
As used in this section, the following terms shall mean:
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, that is designed
to elevate a child to properly sit in a federally approved safety
belt system.
A seating system which meets the Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213, as amended, and which is either
permanently affixed to a motor vehicle or is affixed to such vehicle
by a safety belt or a universal attachment system.
A person who is in actual physical control of a motor vehicle.
B.
Every driver transporting a child under the age of 16 years shall
be responsible, when transporting such child in a motor vehicle operated
by that driver on the streets or highways of this City, for providing
for the protection of such child as follows:
1.
Children less than four years of age, regardless of weight, shall
be secured in a child passenger restraint system appropriate for that
child.
2.
Children weighing less than 40 pounds, regardless of age, shall be
secured in a child passenger restraint system appropriate for that
child.
3.
Children at least four years of age but less than eight years of
age, who also weigh at least 40 pounds but less than 80 pounds, and
who are also less than four feet, nine inches tall, shall be secured
in a child passenger restraint system or booster seat appropriate
for that child.
4.
Children at least 80 pounds or children more than four feet, nine
inches in height shall be secured by a vehicle safety belt or booster
seat appropriate for that child.
5.
A child who otherwise would be required to be secured in a booster
seat may be transported in the back seat of a motor vehicle while
wearing only a lap belt if the back seat of the motor vehicle is not
equipped with a combination lap and shoulder belt for booster seat
installation.
6.
When transporting children in the immediate family when there are
more children than there are seating positions in the enclosed area
of a motor vehicle, the children who are not able to be restrained
by a child safety restraint device appropriate for the child shall
sit in the area behind the front seat of the motor vehicle unless
the motor vehicle is designed only for a front seat area. The driver
transporting children referred to in this subsection is not in violation
of this section.
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This subsection shall only apply to the use of a child passenger
restraint system or vehicle safety belt for children less than 16
years of age being transported in a motor vehicle.
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C.
Any driver who violates Subsection B1, 2 or 3 of this section is guilty of an ordinance violation and, upon conviction, may be punished by a fine of not more than $50 and court costs. Any driver who violates Subsection B4 of this section shall be subject to the penalty in Subsection D of § 76.305. If a driver receives a citation for violating Subsection B1, 2 or 3 of this section, the charges shall be dismissed or withdrawn if the driver prior to or at his or her hearing provides evidence of acquisition of a child passenger restraint system or child booster seat which is satisfactory to the court or the party responsible for prosecuting the driver's citation.
D.
The provisions of this section shall not apply to any public carrier
for hire. The provisions of this section shall not apply to students
four years of age or older who are passengers on a school bus designed
for carrying 11 passengers or more and which is manufactured or equipped
pursuant to Missouri Minimum Standards for School Buses as school
buses are defined in § 301.010, RSMo.
Every person operating or riding as a passenger on a motorcycle
or motor tricycle upon the streets or highways of the City shall wear
protective headgear at all times the vehicle is in motion. The protective
headgear shall meet reasonable standards and specifications established
by the Director of Revenue.
Lighted lamps, as defined and required in Chapter 307, RSMo.,
are required to be illuminated when operating a motor vehicle within
the City limits during the time period from a half hour after sunset
to a half hour before sunrise and at any other time when there is
not sufficient light to render clearly discernible persons and vehicles
on the roadways at a distance of 500 feet ahead. Lighted lamps shall
also be required any time the weather conditions require usage of
the motor vehicle's windshield wipers to operate the vehicle in a
careful and prudent manner as defined in § 304.012, RSMo.
The provisions of this section shall be interpreted to require lighted
lamps during periods of fog even if usage of the windshield wipers
in not necessary to operate the vehicle in a careful and prudent manner.
Each person who violates the provisions of this section is guilty
of an ordinance violation for which a fine not to exceed $10 may be
imposed. All other provisions of law and court rules to the contrary
notwithstanding, no court costs shall be imposed on any person due
to a violation of this section.
All motor vehicles, and every trailer, operating upon the streets
and highways of this City and carrying goods or materials or farm
products which may reasonably be expected to become dislodged and
fall from the motor vehicle or trailer as a result of wind pressure
or air pressure and/or by the movement shall have a protective cover
or be sufficiently secured so that no portion of such goods or materials
or farm products can become dislodged and fall from the vehicle or
trailer while being transported or carried.
Trucks, semitrailers, and trailers, except utility trailers,
without rear fenders, attached to a commercial motor vehicle registered
for over 24,000 pounds shall be equipped with mud flaps for the rear
wheels when operated on the public highways of this City. If mud flaps
are used, they shall be wide enough to cover the full tread width
of the tire or tires being protected; shall be so installed that they
extend from the underside of the vehicle body in a vertical plane
behind the rear wheels to within eight inches of the ground; and shall
be constructed of a rigid material or a flexible material which is
of a sufficiently rigid character to provide adequate protection when
the vehicle is in motion. No provisions of this section shall apply
to a motor vehicle in transit and in process of delivery equipped
with temporary mud flaps, to farm implements, or to any vehicle which
is not required to be registered.
Every operator of a motor vehicle operated upon the streets
or highways of the City shall be required to equip the vehicle with
headlamps as defined and required under Chapter 307, RSMo.
Every operator of a motor vehicle operated upon the streets
or highways of the City shall be required to equip the vehicle with
taillamps, registration marker lamps, and reflectors as defined and
required under § 307.075, RSMo.
Every operator of a motor vehicle operated upon the streets
or highways of the City shall be required to equip the vehicle in
accordance with §§ 307.170 and 307.173, RSMo.
