HCS SS SCS SB 872, 754 & 669 -- SAFE OPERATION OF MOTOR VEHICLES

SPONSOR:  Gibbons (St. Onge)

COMMITTEE ACTION:  Voted "do pass" by the Committee on
Transportation by a vote of 12 to 0.

This substitute changes the laws regarding the safety of highway
workers, emergency workers, and other motorists and child safety
restraints.

The substitute increases various penalties for offenses occurring
within highway work zones or construction zones.  Any person
convicted of a second or subsequent moving violation within a
work zone will be assessed a fine of $75.  A person convicted of
speeding or passing a vehicle within a work zone when a highway
worker is present a second or subsequent time will be assessed a
fine of $300 in addition to any other fine authorized by law.
The crime of endangerment of a highway worker is created.  If a
person commits the crime of endangerment of a highway worker in
which no injury or death results, the person will be subject to a
fine of not more than $1,000 and will have eight points assessed
against his or her driver's license.  A person will be guilty of
aggravated endangerment of a highway worker if a death or injury
results.  If a highway worker is injured or killed in a work
zone, the person will be subject to a fine of not more than
$5,000 for an injury and not more than $10,000 if death resulted
and will have 12 points assessed against his or her driver's
license.

A person commits the crime of endangerment of a highway worker if
the motorist:

(1)  Exceeds the posted speed limit by 15 miles per hour or more;

(2)  Passes another vehicle in a work zone causing the death or
injury of a highway worker;

(3)  Fails to stop for a work zone flagman or fails to obey
traffic control signals erected in the work zone;

(4)  Physically assaults or attempts to assault a highway worker
with a motor vehicle or other instrument;

(5)  Intentionally strikes or moves barrels, barriers, signs, or
other devices erected to control the flow of traffic for a reason
other than avoidance of an obstacle, an emergency, or to protect
the health and safety of another person; or

(6)  Commits various offenses in which points may be assessed.

The substitute imposes an additional penalty and driver's license
suspension 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 penalty for motorists who fail to move over when approached
by an oncoming emergency vehicle or when approaching a stationary
emergency vehicle is increased from a class B misdemeanor to a
class A misdemeanor.

The penalties for motorists who fail to stop for school buses
that are loading or unloading children are increased.  Any person
who fails to properly yield for a school bus and the failure
results in the injury of any child will be guilty of a class D
felony.  Any person who fails to properly yield for a school bus
causing the death of a child will be guilty of a class C felony.

The substitute repeals the duty of a streetcar motorman to stop
or yield the streetcar to passing emergency vehicles.

The substitute requires children of certain ages, weights, and
heights to be restrained by either a child passenger restraint
system, booster seat, or safety belt.

Children younger than four years of age, regardless of weight,
are required to use an appropriate child passenger restraint
system.  Children weighing less than 40 pounds, regardless of
age, are required to be secured in a child passenger restraint
system appropriate for the child.  Children who are four to seven
years of age and who weigh at least 40 pounds but less than 80
pounds and are less than four feet nine inches tall must be
secured in a child passenger restraint system or booster seat
appropriate for the child.  Children who weigh at least 80 pounds
or children taller than four feet nine inches must be secured by
a vehicle safety belt or booster seat appropriate for the child.

The substitute allows a child to be transported in the back seat
without a booster seat if the child is secured with a lap belt
when the vehicle is not equipped with a combination lap and
shoulder belt for booster seat installation.

A violation of the child passenger restraint/booster provisions
will be an infraction, and the fine will be $50 plus court costs.
The fine for violating the safety belt provision will be $10.
Charges for violating the child passenger restraint and booster
seat provisions will be dismissed or withdrawn if the driver
provides evidence that he or she acquired a child passenger
restraint system or booster seat prior to or at his or her
hearing.  The substitute does not apply to public carriers for
hire or students four years of age or older who are passengers on
a school bus.

The substitute specifies that if there are more persons than
there are seat belts in the enclosed area of a motor vehicle, the
passengers who are unable to wear seat belts must sit in the area
behind the front seat unless the vehicle is designed only for a
front-seated area.  This provision does not apply to passengers
who are accompanying an intermediate driver's license holder.
Currently, all passengers accompanying an intermediate driver's
license holder must be properly restrained.  The seat belt and
child restraint provisions of the substitute will not be
applicable to persons who have a medical reason for failing to
have a seat belt fastened about their body or applicable to
persons operating or riding a motor vehicle being used in
agricultural work-related activities.

The substitute contains an emergency clause for the failure to
yield provisions.

FISCAL NOTE:  Estimated Effect on General Revenue Fund of a cost
of $192,721 to $292,721 in FY 2007, a cost of $269,091 to an
income of Unknown in FY 2008, and a cost of $272,918 to an income
of Unknown in FY 2009.  Estimated Income on Other State Funds of
$141,703 in FY 2007, $188,940 in FY 2008, and $188,940 in
FY 2009.

PROPONENTS:  Supporters say that will provide greater safety for
highway workers as well as motorists in work zone areas.  Motor
vehicle crashes remain the leading cause of death and disability
for children between the ages of four and eight years old and the
number one killer of teens in Missouri.

Testifying for the bill were Senator Gibbons; Missouri State
Troopers Association; State Highway Patrol; Associated General
Contractors of St. Louis; Heavy Constructors Association of
Greater Kansas City; Associated General Contractors of Missouri,
Incorporated; SITE Improvement Association; Missouri Laborers'
Legislative Committee; Highway and Transportation Employees'
Association; Department of Transportation; Missouri AFL-CIO; and
Freedom of Road Riders.

OPPONENTS:  There was no opposition voiced to the committee.

Robert Triplett, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:46 am