HCS SCS SB 221, 250 & 256 -- OPERATION OF MOTOR VEHICLES

SPONSOR:  Dolan (St. Onge)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 11 to 4.

This substitute changes the laws regarding the operation of motor
vehicles.

PRIMARY SEAT BELT ENFORCEMENT

Law enforcement officers are allowed to enforce the seat belt law
if the violation is clearly visible to the officer without
stopping the vehicle.  Noncompliance with the seat belt law will
not constitute probable cause for a search of the driver,
passenger, or vehicle.

BOOSTER SEATS

The substitute requires children less than four years old to use
an appropriate child passenger restraint system, children four
years of age through five years of age to be secured in a child
booster seat, and children six years of age or older to use a
safety belt.  The fine for violating these provisions is $25.  No
court costs can be charged, and no points will be assessed
against a person's driver's license.  A person may avoid the $25
penalty by demonstrating that a child safety seat has been
obtained prior to or at the hearing which is satisfactory to the
court or the party responsible for prosecuting the violator's
citation.

AIRBAGS

A person who installs airbags that do not meet federal safety
standards or installs airbags that have been installed in another
motor vehicle without disclosing the fact will be guilty of a
class D felony.

AFFIRMATIVE DEFENSE FOR PROCEEDING THROUGH A RED LIGHT WITH A
MOTORCYCLE

A person operating a motorcycle who enters or crosses an
intersection controlled by a traffic-control signal against a red
light will have an affirmative defense to that charge if the
person establishes all of the following conditions:

(1)  The motorcycle has been brought to a complete stop;

(2)  The traffic-control signal continues to show a red light for
an unreasonable time;

(3)  The traffic-control signal is apparently malfunctioning or,
if programmed or engineered to change to a green light only after
detecting the approach of a motor vehicle, the signal has
apparently failed to detect the arrival of the motorcycle; and

(4)  No motor vehicle or person is approaching on the street or
highway to be crossed or entered or is so far away from the
intersection that it does not constitute an imminent hazard.

The affirmative defense applies only to a violation for entering
or crossing an intersection controlled by a traffic-control
signal against a red light and does not provide a defense to any
other civil or criminal action.

FAILURE TO YIELD RIGHT-OF-WAY (CLUTCH'S LAW)

The substitute increases the penalties and imposes driver's
license points on any person failing to yield the right-of-way
when the violation results in physical injury, serious physical
injury, or death to a person.  The penalties and the points
assessed against a person's driver's license are as follows: (1)
For a violation resulting in a physical injury, a fine of not
less than $200 and 8 points assessed; (2)  For a violation
resulting in a serious physical injury, a fine of not less than
$500, a class B misdemeanor, and 8 points assessed; and (3)  For
a violation resulting in death, a fine of not less than $1,000, a
class A misdemeanor, and 12 points assessed.

LANE RESTRICTIONS FOR LARGE TRUCKS

Trucks in excess of 48,000 pounds are prohibited from being
driven in the far left-hand lane on interstate highways,
freeways, or expressways in the urban areas of this state.  This
prohibition will not apply in certain circumstances.

NO PASSING WHEN MARKED WITH SOLID YELLOW STRIPE

The substitute prohibits driving to the left-hand side of the a
roadway when it is clearly marked with a solid yellow center
stripe indicating a no passing zone or an unsafe location to
overtake or drive to the left side of the roadway.

TREATMENT OF PRIOR AND PERSISTENT OFFENDERS INVOLVING MUNICIPAL
INTOXICATED-RELATED TRAFFIC OFFENSES

The substitute clarifies that the penalty enhancement provisions
relating to prior or persistent offenders should be applied
consistently in municipal, county, and state courts.  The
substitute also clarifies that when an individual is charged
under a municipal ordinance the individual is not entitled to a
suspended imposition of sentence if he or she meets the
definition and classification of a prior or persistent offender.

CERTIFICATION OF ALCOHOL-RELATED REPORTS

Alcohol-related reports must be submitted to the Department of
Revenue by law enforcement officers to be certified rather than
verified.  Law enforcement officers are required to certify the
alcohol arrest reports under penalties of perjury prior to filing
the reports with the department.  The reports will be admissible
as prima facie evidence at administrative hearings.  The
substitute repeals the requirement for a license surrender in
order to obtain a hearing on an administrative alcohol arrest.

MOTORCYCLE HELMETS

Only persons under 21 years of age will be required to wear
protective headgear when operating or riding as a passenger on
any motorcycle or motortricycle.  Currently, all motorcyclists
are required to wear protective headgear.

HIGHWAY WORK ZONES

Any person guilty of a moving violation within a construction or
work zone for the first offense will be subject to a $35 fine and
$75 for a second or subsequent violation.  A fine for speeding in
a construction or work zone will be $250 for the first offense
and $350 for a second or subsequent violation.  Passing in a zone
will be a class C misdemeanor.  The substitute creates the crime
of endangerment of a highway worker and specifies the
circumstances.

A surcharge will be accessed on all traffic violations in the
state.  The Work Zone Safety Trust Fund is created for the
deposit of the surcharges and other revenues to be used for
funding enforcement of all traffic laws in construction or work
zones.

ABANDONED VEHICLES

Law enforcement officers may authorize towing companies to
immediately move any vehicle left unattended on any interstate
highway or freeway in an urbanized area that is a serious hazard
to other motorists.

LOCAL LOG TRUCKS

Harvesting equipment that may be transported on a local log truck
must be used specifically for cutting, felling, trimming, de-
limbing, de-barking, chipping, skidding, loading, unloading, and
stacking.

ACCIDENTS REPORTS

The substitute requires law enforcement officers who investigate
vehicle accidents involving property damage equaling or exceeding
$2,000 to report the accident to the State Highway Patrol.
Currently, the amount is $500.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of a Cost
of Unknown to an Income of Unknown in FY 2006, FY 2007, and FY
2008.  Estimated Income on Other State Funds of $956,182 to
$3,079,895 in FY 2006, $1,326,334 to $3,697,734 in FY 2007, and
$1,326,334 to $3,697,734 in FY 2008.

PROPONENTS:  Supporters say that data shows being unrestrained is
the main factor in losing a life in a motor vehicle crash.  Not
wearing a seat belt also costs our state momentarily, and a
primary safety belt law will help more Missourians to buckle up.

Testifying for the bill were Senator Dolan; Department of
Transportation; Truman Medical Center, Children's Mercy Hospital;
Missouri Hospital Association; Missouri Safety Council; Missouri
Advocates for Traffic Safety; Missouri Coalition for Roadway
Safety; Cape Girardeau Police Department; Alliance of Automobile
Manufacturers; General Motors; DaimlerChrysler Corporation;
Mothers Against Drunk Driving; American Insurance Association;
State Farm Mutual Automobile Insurance Company; and Missouri
State Medical Association.

OPPONENTS:  There was no opposition voiced to the committee.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm