hb1645i-Introduced Bill Text
SECOND REGULAR SESSION
HOUSE BILL NO. 1645
90TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES LUETKENHAUS AND O'CONNOR (Co-sponsors).
Read 1st time January 20, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
To repeal section 304.190, RSMo 1994, and sections 304.010 and 304.015, RSMo Supp. 1999, relating to traffic
regulations for trucks, and to enact in lieu thereof four new sections relating to the same subject, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 304.190, RSMo 1994, and sections 304.010 and 304.015, RSMo Supp. 1999, are repealed and four
new sections enacted in lieu thereof, to be known as sections 43.062, 304.010, 304.015 and 304.190, to read as follows:
43.062. The superintendent of the highway patrol shall conduct a study on the number of employees needed to
adequately enforce existing traffic laws and regulations statewide and provide a report to the governor, the
president pro tem of the senate and the speaker of the house of representatives no later than January 1, 2001.
304.010. 1. As used in this section, the following terms mean:
(1) "Expressway", a divided highway of at least ten miles in length with four or more lanes which is not part of the
federal interstate system of highways which has crossovers or accesses from streets, roads or other highways at the same
grade level as such divided highway;
(2) "Freeway", a limited access divided highway of at least ten miles in length with four or more lanes which is not part
of the federal interstate system of highways which does not have any crossovers or accesses from streets, roads or other
highways at the same grade level as such divided highway within such ten miles of divided highway;
(3) "Rural interstate", that part of the federal interstate highway system that is not located in an urban area;
(4) "Urbanized area", an area of fifty thousand population at a density at or greater than one thousand persons per square
2. Except as otherwise provided in this section, the uniform maximum speed limits are and no vehicle shall be operated
in excess of the speed limits established pursuant to this section:
(1) Upon the rural interstates and freeways of this state, seventy miles per hour; except that, for trucks weighing over
twenty-seven tons, including cargo, upon the rural interstates and freeways of this state, sixty-five miles per hour;
(2) Upon the rural expressways of this state, sixty-five miles per hour;
(3) Upon the interstate highways, freeways or expressways within the urbanized areas of this state, sixty miles per hour;
(4) All other roads and highways in this state not located in an urbanized area and not provided for in subdivisions (1) to
(3) of this subsection, sixty miles per hour;
(5) All other roads provided for in subdivision (4) of this subsection shall not include any state two-lane road which is
identified by letter. Such lettered roads shall not exceed fifty-five miles per hour unless set at a higher speed as
established by the department of transportation, except that no speed limit shall be set higher than sixty miles per hour;
(6) For the purposes of enforcing the speed limit laws of this state, it is a rebuttable presumption that the posted speed
limit is the legal speed limit.
3. On any state road or highway where the speed limit is not set pursuant to a local ordinance, the highways and
transportation commission may set a speed limit higher or lower than the uniform maximum speed limit provided in
subsection 2 of this section, if a higher or lower speed limit is recommended by the department of transportation. The
department of public safety, where it believes for safety reasons, or to expedite the flow of traffic a higher or lower speed
limit is warranted, may request the department of transportation to raise or lower such speed limit, except that no speed
limit shall be set higher than:
(1) Sixty-five miles per hour for trucks weighing over twenty-seven tons, including cargo; or
(2) Seventy miles per hour for all other vehicles.
4. Notwithstanding the provisions of section 304.120 or any other provision of law to the contrary, cities, towns and
villages may regulate the speed of vehicles on state roads and highways within such cities', towns' or villages' corporate
limits by ordinance with the approval of the state highways and transportation commission. Any reduction of speed in
cities, towns or villages shall be designed to expedite the flow of traffic on such state roads and highways to the extent
consistent with public safety. The commission may declare any ordinance void if it finds that such ordinance is:
(1) Not primarily designed to expedite traffic flow; and
(2) Primarily designed to produce revenue for the city, town or village which enacted such ordinance.
If an ordinance is declared void, the city, town or village shall have any future proposed ordinance approved by the
highways and transportation commission before such ordinance may take effect.
5. The county commission of any county of the second, third or fourth classification may set the speed limit or the weight
limit or both the speed limit and the weight limit on roads or bridges on any county, township or road district road in the
county and, with the approval of the state highways and transportation commission, on any state road or highway not
within the limits of any incorporated city, town or village, lower than the uniform maximum speed limit as provided in
subsection 2 of this section where the condition of the road or the nature of the area requires a lower speed. The
commission shall send copies of any order establishing a speed limit or weight limit on roads and bridges on a county,
township or road district road in the county to the chief engineer of the state department of transportation, the
superintendent of the state highway patrol and to any township or road district maintaining roads in the county. After the
roads have been properly marked by signs indicating the speed limits and weight limits set by the county commission, the
speed limits and weight limits shall be of the same effect as the speed limits provided for in subsection  2 of this
section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits and weight limits
were established by state law.
6. All road signs indicating speed limits or weight limits shall be uniform in size, shape, lettering and coloring and shall
conform to standards established by the department of transportation.
7. The provisions of this section shall not be construed to alter any speed limit set below fifty-five miles per hour by any
ordinance of any county, city, town or village of the state adopted before March 13, 1996.
8. The speed limits established pursuant to this section shall not apply to the operation of any emergency vehicle as
defined in section 304.022.
9. A violation of the provisions of this section shall not be construed to relieve the parties in any civil action on any claim
or counterclaim from the burden of proving negligence or contributory negligence as the proximate cause of any accident
or as the defense to a negligence action.
10. Any person violating the provisions of this section is guilty of a class C misdemeanor, unless such person was
exceeding the posted speed limit by twenty miles per hour or more then it is a class B misdemeanor.
304.015. 1. 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.
2. 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
(2) When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the
provisions of sections 304.014 to 304.026 or traffic regulations thereunder or of municipalities;
(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.
3. It is unlawful to drive any vehicle upon any highway or road 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 highway, except in a crossover or intersection.
4. The authorities in charge of any highway or the state highway patrol 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 all members of the
Missouri highway patrol and other peace 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.
5. Whenever any roadway 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 roadway 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 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 sign-posted 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;
(4) Official signs may be erected by the 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 of the main traveled portion of the
roadway whenever possible.
6. All vehicles in motion upon a 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.
7. The department of transportation shall have the authority to designate the lanes in which all trucks weighing
more than twenty-seven tons, including cargo, in motion upon a highway having three or more lanes of traffic
proceeding in the same direction shall be driven, except that such regulations shall not apply when such trucks are
overtaking and passing another vehicle or when preparing to make a proper left turn or when otherwise directed
by traffic markings, signs or signals.
8. Violation of this section shall be deemed an infraction unless such violation causes an immediate threat of an accident,
in which case such violation shall be deemed a class C misdemeanor, or unless an accident results from such violation, in
which case such violation shall be deemed a class A misdemeanor.
304.190. 1. No motor vehicle, unladen or with load, operating exclusively within the corporate limits of cities containing
seventy-five thousand inhabitants or more or within two miles of the corporate limits of the city or within the commercial
zone of the city shall exceed fifteen feet in height.
2. No motor vehicle operating exclusively within any [said] area described in subsection 1 of this section shall have a
greater weight than twenty-two thousand four hundred pounds on one axle.
3. The "commercial zone" of the city [is defined to mean] means that area within the city together with the territory
extending one mile beyond the corporate limits of the city and one mile additional for each fifty thousand population or
portion thereof [provided, however,]; except that:
(1) The commercial zone surrounding a city not within a county shall extend eighteen miles beyond the corporate limits
of any such city not located within a county and shall also extend throughout any [first class charter] county of the first
classification with a charter form of government which adjoins that city, any county of the first classification with a
charter form of government and a population of at least two hundred thousand and not more than four hundred
thousand inhabitants, any county of the first classification without a charter form of government with a
population of at least one hundred sixty thousand and not more than two hundred thousand inhabitants, and any
county of the first classification without a charter form of government with a population of at least seventy
thousand and not more than eighty-three thousand inhabitants; [further, provided, however,] and
(2) The commercial zone of a city with a population of at least four hundred thousand inhabitants but not more than four
hundred fifty thousand inhabitants shall extend twelve miles beyond the corporate limits of any such city. In no case shall
the commercial zone of a city be reduced due to a loss of population.
4. The provisions of this section shall not apply to motor vehicles operating on the interstate highways in the area beyond
two miles of a corporate limit of the city unless the United States Department of Transportation increases the allowable
weight limits on the interstate highway system within commercial zones. In such case, the mileage limits established in
this section shall be automatically increased only in the commercial zones to conform with those authorized by the United
States Department of Transportation.
[4.] 5. Nothing in this section shall prevent a city, county, or municipality, by ordinance, from designating the routes over
which such vehicles may be operated.
Missouri House of Representatives