Missouri Statute | Act | Code |Motor Vehicles, Watercraft And Aviation| US Code - US Statute

As used in this chapter and chapter 307, RSMo, the following
terms shall mean:

(1) "Abandoned property", any unattended motor vehicle, trailer,
all-terrain vehicle, outboard motor or vessel removed or subject to
removal from public or private property as provided in sections 304.155
and 304.157, whether or not operational. For any vehicle towed from the
scene of an accident at the request of law enforcement and not retrieved
by the vehicle's owner within five days of the accident, the agency
requesting the tow shall be required to write an abandoned property
report or a crime inquiry and inspection report;

(2) "Commercial vehicle enforcement officers", employees of the Missouri
state highway patrol who are not members of the patrol but who are
appointed by the superintendent of the highway patrol to enforce the
laws, rules, and regulations pertaining to commercial vehicles, trailers,
special mobile equipment and drivers of such vehicles;

(3) "Commercial vehicle inspectors", employees of the Missouri state
highway patrol who are not members of the patrol but who are appointed by
the superintendent of the highway patrol to supervise or operate
permanent or portable weigh stations in the enforcement of commercial
vehicle laws;

(4) "Commission", the state highways and transportation commission;

(5) "Department", the state transportation department;

(6) "Freeway", a divided state highway with four or more lanes, with no
access to the throughways except the established interchanges and with no
at-grade crossings;

(7) "Interstate highway", a state highway included in the national system
of interstate highways located within the boundaries of Missouri, as
officially designated or as may be hereafter designated by the state
highways and transportation commission with the approval of the Secretary
of Transportation, pursuant to Title 23, U.S.C., as amended;

(8) "Members of the patrol", the superintendent, lieutenant colonel,
majors, captains, director of radio, lieutenants, sergeants, corporals
and patrolmen of the Missouri state highway patrol;

(9) "Off-road vehicle", 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:

(a) Including, without limitation, the following:

a. Jeeps;

b. All-terrain vehicles;

c. Dune buggies;

d. Multiwheel drive or low-pressure tire vehicles;

e. Vehicle using an endless belt, or tread or treads, or a combination of
tread and low-pressure tires;

f. Motorcycles, trail bikes, minibikes and related vehicles;

g. Any other means of transportation deriving power from any source other
than muscle or wind; and

(b) Excluding the following:

a. Registered motorboats;

b. Aircraft;

c. Any military, fire or law enforcement vehicle;

d. Farm-type tractors and other self-propelled equipment for harvesting
and transporting farm or forest products;

e. Any vehicle being used for farm purposes, earth moving, or
construction while being used for such purposes on the work site;

f. Self-propelled lawnmowers, or lawn or garden tractors, or golf carts,
while being used exclusively for their designed purpose; and

g. Any vehicle being used for the purpose of transporting a handicapped
person;

(10) "Person", any natural person, corporation, or other legal entity;

(11) "Right-of-way", the entire width of land between the boundary lines
of a state highway, including any roadway;

(12) "Roadway", that portion of a state highway ordinarily used for
vehicular travel, exclusive of the berm or shoulder;

(13) "State highway", a highway constructed or maintained by the state
highways and transportation commission with the aid of state funds or
United States government funds, or any highway included by authority of
law in the state highway system, including all right-of-way;

(14) "Towing company", any person or entity which tows, removes or stores
abandoned property;

(15) "Urbanized area", an area with a population of fifty thousand or
more designated by the Bureau of the Census, within boundaries to be
fixed by the state highways and transportation commission and local
officials in cooperation with each other and approved by the Secretary of
Transportation. The boundary of an urbanized area shall, at a minimum,
encompass the entire urbanized area as designed by the Bureau of the
Census. (L. 1983 H.B. 539, A.L. 1988 H.B. 990, A.L. 1994 S.B. 475, A.L.
1996 S.B. 560, A.L. 2002 H.B. 1270 and H.B. 2032)

1. Notwithstanding the provisions of section 304.010, a speeding
violation of section 304.010 which is over the posted speed limit by five
miles per hour or less is an infraction. The court costs assessed for a
violation of this section shall be the same as the costs assessed
pursuant to section 304.010.

2. No points shall be assessed pursuant to section 302.302, RSMo, for any
speeding violation which is over the posted speed limit by five miles per
hour or less.

3. Notwithstanding any provisions of law to the contrary, a court may
issue a warrant for failure to appear for any violation which is
classified as an infraction. (L. 1973 1st Ex. Sess. H.B. 1 § 1, A.L. 1975
H.B. 616 § 1, A.L. 1977 H.B. 375, A.L. 1979 H.B. 325, A.L. 1981 H.B. 474,
A.L. 1987 S.B. 83, A.L. 1995 H.B. 717, A.L. 1996 H.B. 1047)

Effective 3-13-96

(1984) Director of Revenue may not assess points for speeding violations
on state limited access highways within city limits, if the city
ordinance violates, duplicates, or concurs with, the state set limits.
Knierim v. James (Mo. banc), 677 S.W.2d 322.

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 mile.

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;

(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 seventy miles
per hour.

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 maximum speed limit set by the county
commission of any county of the second, third, or fourth classification
for any road under the commission's jurisdiction shall not exceed
fifty-five miles per hour if such road is properly marked by signs
indicating such speed limit. If the county commission does not mark the
roads with signs indicating the speed limit, the speed limit shall be
fifty miles per hour. 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 1 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. The county commission of any county of the second, third, or fourth
classification may by ordinance set a countywide speed limit on roads
within unincorporated areas of any county, township, or road district in
the county and may establish reasonable speed regulations for motor
vehicles within the limit of such county. No person who is not a resident
of such county and who has not been within the limits thereof for a
continuous period of more than forty-eight hours shall be convicted of a
violation of such ordinances, unless it is shown by competent evidence
that there was posted at the place where the boundary of such county road
enters the county a sign displaying in black letters not less than four
inches high and one inch wide on a white background the speed fixed by
such county so that such signs may be clearly seen by operators and
drivers from their vehicles upon entering such county. The commission
shall send copies of any order establishing a countywide speed limit on a
county, township, or road district road in the county to the chief
engineer of the Missouri department of transportation, the superintendent
of the state highway patrol, and to any township or road district
maintaining roads in the county. After the boundaries of the county roads
entering the county have been properly marked by signs indicating the
speed limits set by the county commission, the speed limits shall be of
the same effect as the speed limits provided for in subsection 1 of this
section and shall be enforced by the state highway patrol and the county
sheriff as if such speed limits were established by state law.

7. 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.

8. 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.

9. The speed limits established pursuant to this section shall not apply
to the operation of any emergency vehicle as defined in section 304.022.

10. 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.

11. 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.
(RSMo 1939 § 8383, A.L. 1957 p. 631, A.L. 1965 pp. 95, 594, A.L. 1969
H.B. 46 & 483, A.L. 1972 H.B. 1297, A.L. 1979 S.B. 44, A.L. 1985 H.B.
288, et al. merged with S.B. 408, A.L. 1987 S.B. 83, A.L. 1991 H.B. 25,
A.L. 1995 H.B. 717, A.L. 1996 H.B. 1047, A.L. 2004 H.B. 795, et al.)

(1960) A railroad track itself is a warning of danger and a highway
traveler must exercise the highest degree of care in crossing the track.
A motorist approaching a railroad crossing with which he is familiar who
fails to look or to see that which is plainly visible if he performs his
duty to look, is contributorily negligent. Pipes v. Mo. Pacific Railroad
Co. (Mo.), 338 S.W.2d 30.

(1960) Where information used some of the language of the statute in
charging careless and reckless driving and went on to particularized
saying that the vehicle was operated at a high rate of speed, weaving
back and forth across the road and running through city stop signs, while
not recommended for future use, held sufficient as an information. State
v. Tevis (A.), 340 S.W.2d 415.

(1961) Operator of motor vehicle about to drive across railroad tracks on
which a train is approaching is required to exercise the highest degree
of care for his own safety. Reedy v. Missouri -Kansas-Texas Ry. Co.
(Mo.), 347 S.W.2d 111.

(1961) Every operator of a motor vehicle has a duty to exercise the
highest degree of care and such care includes the warning of other
motorists on the highway while the vehicle is stopped on the paved
portion of the road after the vehicle had stalled and ceased to run.
Phillips v. Stockman (A.), 351 S.W.2d 464.

(1961) On trial for violating speed regulations under this section
evidence as to prior conviction of offense committed subsequent to the
offense for which the accused was on trial held admissible in evidence.
State v. Hunt (A.), 352 S.W.2d 57.

(1962) Wife, seated in right front seat of car her husband left parked
with the motor running, who in moving over to make room for another
occupant accidentally stepped on accelerator causing car to lunge forward
and crash through store, injuring plaintiff, became operator of the car
within meaning of statute. Hay v. Ham (A.), 364 S.W.2d 118.

(1965) This section is designed to prevent danger and it is unnecessary
for the state to show that any specific person was actually put in danger
in order to sustain a conviction. State v. McNail (A.), 389 S.W.2d 214.

(1965) Information failing to state that offense occurred on a highway
did not charge a crime. State v. Bartlett (A.), 394 S.W.2d 434.

(1966) Duty of a motorist to use the highest degree of care is not
limited to the paved portion of a highway, but extends to the shoulder of
the highway. Ely v. Parsons (A.), 399 S.W.2d 613.

(1966) To fulfill his statutory duty to exercise the highest degree of
care at all times and to keep a careful and vigilant lookout for other
persons and vehicles on the highway, a motorist is required to look in
such an observant manner as to enable him to see that which a person in
the exercise of the highest degree of care would be expected to see under
similar circumstances, and he must be held to have seen what looking
would have revealed. Weathers v. Falstaff Brewing Corp. (A.), 403 S.W.2d
663.

(1968) Failure to yield the right-of-way is specifically denounced as an
offense, but an information charging careless and imprudent driving by
failure to yield the right-of-way at a place where required by statute to
do so, includes the offense as descriptive of what happened and in what
manner defendant drove imprudently. State v. Richards (A.), 429 S.W.2d
351.

(1971) Information failing to state that offense occurred on a highway
did not charge a crime. State v. Rollins (A.), 469 S.W.2d 46.

(1972) To constitute careless and imprudent driving there must be conduct
which shows under all the existing circumstances and conditions that the
property of another or the life or limb of any person is endangered;
therefore, evidence that defendant spun his car around two or three times
in intersection, making tires squeal and throwing rocks, was insufficient
to support conviction of the offense. State v. Todd (A.), 477 S.W.2d 725.

(1977) This section does not impose a duty to exercise the highest degree
of care to save all persons from harm proximately resulting from
operation of motor vehicles. Ford v. Monroe (A.), 559 S.W.2d 759.

(1984) Offense of careless and imprudent driving is not the "same
offense" for double jeopardy purposes as a manslaughter charge. State v.
Noerper (Mo. App. E.D.), 674 S.W.2d 100.

(1984) Director of revenue may not assess points for speeding violations
on state limited access highways within city limits, if the city
ordinance violates, duplicates or concurs with the state set limits.
Knierim v. James (Mo. banc), 677 S.W.2d 322.

(1990) Motorist stopped on roadway to repair an automobile is considered
to be "operating" an automobile within the provision requiring the
highest degree of care. Phillips v. United States, 743 F.Supp. 681
(E.D.Mo.).

(1993) Where high speed chase by law enforcement officers resulted in one
civilian death and substantial property damage and personal injury to
others, statute that provides some regulations for operation of emergency
vehicles does not create duty to particular individuals as distinguished
from general public; therefore duty created is to public and not to
individuals. Boyle v. City of Liberty, Mo., 833 F.Supp. 1436 (W.D. Mo.).

1. 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. Peace 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 a
misdemeanor.

2. No vehicle shall be operated at a speed of less than forty 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 forty 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 section
304.200 and the regulations established pursuant to such section.

3. Any person who violates subsection 2 of this section is guilty of a
class C misdemeanor. (L. 1957 p. 631, A.L. 1996 H.B. 1047)

Effective 3-13-96

1. Every person operating a motor vehicle on the roads and
highways of this state 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.

2. Any person who violates the provisions of this section is guilty of a
class B misdemeanor, unless an accident is involved then it shall be a
class A misdemeanor. (L. 1996 H.B. 1047)

Effective 3-13-96

*No continuity with § 304.012 as repealed by L. 1987 S.B. 83.

(2002) Riding lawn mower is considered a motor vehicle under section.
Stonger ex rel. Stonger v. Riggs, 85 S.W.3d 703 (Mo.App. W.D.).

1. No person shall operate an all-terrain vehicle, as defined in
section 301.010, RSMo, upon the highways of this state, except as follows:

(1) All-terrain vehicles owned and operated by a governmental entity for
official use;

(2) All-terrain vehicles operated for agricultural purposes or industrial
on-premises purposes between the official sunrise and sunset on the day
of operation;

(3) All-terrain vehicles operated by handicapped persons for short
distances occasionally only on the state's secondary roads when operated
between the hours of sunrise and sunset;

(4) Governing bodies of cities may issue special permits to licensed
drivers for special uses of all-terrain vehicles on highways within the
city limits. Fees of fifteen dollars may be collected and retained by
cities for such permits;

(5) Governing bodies of counties may issue special permits to licensed
drivers for special uses of all-terrain vehicles on county roads within
the county. Fees of fifteen dollars may be collected and retained by the
counties for such permits.

2. 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. All
law enforcement officials or peace officers of this state and its
political subdivisions or department of conservation agents or department
of natural resources park rangers shall enforce the provisions of this
subsection within the geographic area of their jurisdiction.

3. A person operating an all-terrain 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 subdivision (3) of subsection 1 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
thirty miles per hour. When operated on a highway, 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 thirty
square inches and shall be day-glow in color.

4. No persons shall operate an all-terrain vehicle:

(1) In any careless way so as to endanger the person or property of
another;

(2) While under the influence of alcohol or any controlled substance;

(3) 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 eighteen years of age.

5. No operator of an all-terrain vehicle shall carry a passenger, except
for agricultural purposes. The provisions of this subsection shall not
apply to any all-terrain vehicle in which the seat of such vehicle is
designed to carry more than one person.

6. A violation of this section shall be a class C misdemeanor. In
addition to other legal remedies, the attorney general or county
prosecuting attorney may institute a civil action in a court of competent
jurisdiction for injunctive relief to prevent such violation or future
violations and for the assessment of a civil penalty not to exceed one
thousand dollars per day of violation. (L. 1988 H.B. 990, A.L. 1990 H.B.
1279, A.L. 1997 H.B. 389, A.L. 2004 H.B. 996 and H.B. 1142 and H.B. 1201
and H.B. 1489 merged with S.B. 1233, et al.)

Every person operating or driving a vehicle upon the highways of
this state shall observe and comply with the following rules of the road.
(L. 1953 p. 587 § 304.020)

(1951) Instruction authorizing recovery on finding defendant negligently
failed to stop his vehicle at intersection held erroneous because it does
not require finding that defendant had reason to apprehend danger of
collision. Lillard v. Bradford, 241 (A.), 243 S.W.2d 359.

(1952) Where vehicle was operated on icy pavement in the lane adjacent to
center line of six lane street and collided with vehicle making left turn
in front of it from extreme right-hand lane, negligence of operator was
for jury. Wines v. Goodyear Tire & Rubber Co. (A.), 246 S.W.2d 525.

(1952) Requirement to operate vehicles as close to the right-hand side of
the highway as practicable does not receive literal construction, but has
reference to the attending circumstances and to the usable or passable
way. Moss v. Stevens (Mo.), 247 S.W.2d 782.

(1953) Where, on conflicting evidence, court found that plaintiff began
passing operation and reasonably expected to complete it before reaching
intersection, it was not error to refuse instruction requiring finding
for defendant on theory plaintiff was attempting to pass at intersection
in violation of this section. Cockrill v. Buchanan (A.), 259 S.W.2d 696.

(1953) Where there was pile of loose chat on black top highway at
intersection, question of negligence where driver, in making left turn,
failed to "run beyond the center of the intersection ... before turning
...." as required by subsection 6 of § 304.020 (prior to its repeal in
1953) held for jury. Lix v. Gastian (A.), 261 S.W.2d 497.

(1954) Fact that plaintiff drove his car in the one lane usable part of
county road does not convict him of negligence as a matter of law,
because he was not on right side of highway at time of collision at
intersection. Hadley v. Smith (A.), 268 S.W.2d 444.

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 movement;

(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 at an intersection or interchange or at any
signed location designated by the state highways and transportation
commission or the department of transportation. The provisions of this
subsection shall not apply to emergency vehicles, law enforcement
vehicles or to vehicles owned by the commission or the department.

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. 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. (L. 1953 p. 587 § 304.020, A.L. 1971 H.B. 110,
A.L. 1996 H.B. 1047, A.L. 2001 S.B. 244)

(1960) Under the 1953 statute a motorist is not required to operate his
automobile "as close to the right hand side of the highway as is
practicable". Lewis v. Nelson, 277 F.2d 207.

(1961) Where motor vehicle skidded on icy pavement and stopped blocking
part of highway on grade below crest of hill, operator properly engaged
in moving the vehicle rather than going to top of hill to warn other
motorists since her car could be seen for a distance of 325 feet. Eastman
v. Brackman (Mo.), 347 S.W.2d 126.

(1965) Unexplained skidding of a vehicle into left half of roadway is not
ipso facto negligence. It leaves open the question of negligence. Wray v.
King (A.), 385 S.W.2d 831.

(1965) This section does not require vehicle to make use of part of road
which is in fact impassable and unavailable for travel, and motorist may
be excused from statutory violation where he deviates from prescribed
course of travel in order to avoid a dangerous obstruction. Tiner v. Hill
(A.), 394 S.W.2d 425.

(1967) Purpose of this section is to change common law rule that one had
the right to use either side of highway if way was unobstructed. This
section does not create a motorist's duty to a pedestrian to avoid
driving to the right of the right half of the roadway. Skiles v. Schlake
(Mo.), 421 S.W.2d 244.

(1973) Backing road grader in southerly direction on northbound lane of
highway held not to constitute driving on wrong side of road. Bounds v.
Scott Construction Co. (Mo.), 498 S.W.2d 765.

1. 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.

2. 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.

3. Except when a roadway has been divided into three traffic lanes, no
vehicle shall be driven to the left side of the center line of a highway
or public road 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.

4. No vehicle shall at any time be driven to the left side of the roadway
under the following conditions:

(1) When approaching the crest of a grade or upon a curve of the highway
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 one hundred feet
of any bridge, viaduct, tunnel or when approaching within one hundred
feet of or at any intersection or railroad grade crossing.

5. Violation of this section shall be deemed a class C misdemeanor. (L.
1953 p. 587 § 304.020, A.L. 1992 H.B. 958, A.L. 1996 H.B. 1047)

(1962) The statute does not relieve the operator of a vehicle in an
intersection area of the duty to keep a lookout for another vehicle
violating this section. Myers v. Searcy (Mo.), 356 S.W.2d 59.

(1962) Defendant who attempted to pass on right an automobile stopped on
pavement with turn signals flashing for left turn, turned off pavement
onto shoulder where his automobile skidded and hit culvert which threw it
back on road and into collision with stopped automobile, was negligent as
a matter of law. Sisk v. Driggers (A.), 364 S.W.2d 76.

(1963) Defendant motorist on snow covered road approaching a curve in the
tracks on his left or wrong side of road was required to anticipate that
another vehicle might approach on its rightful side of the road and was
required to use care commensurate with circumstances, and jury could find
he was required to sound horn to warn of hazard he was creating. Bunch v.
Crader (A.), 369 S.W.2d 768.

(1963) Motorist was not contributorily negligent as a matter of law
because he was attempting to pass another automobile within 100 feet of
an intersecting gravel road. Robb v. Wallace (Mo.), 371 S.W.2d 232.

(1963) Evidence sufficient to sustain conviction of careless and reckless
driving by driving automobile at night on left side of roadway while
approaching crest of hill at point where view was obstructed for such
distance as to create hazard to oncoming traffic. State v. Gish (A.), 371
S.W.2d 654.

(1966) Driver being passed was under no duty to change his speed by
either speeding up or slowing down while vehicles traveled abreast of
each other, and was not negligent. Lawson v. Commercial Carriers, Inc.
(A.), 399 S.W.2d 236.

(1966) This section is for the benefit of a person entering a highway
from an intersecting or side street as well as for the benefit of
vehicles proceeding on the thoroughfare in the same or opposite
directions. Roach v. Lacho (Mo.), 402 S.W.2d 344.

(1966) Subsection 4 of this section, providing the condition under which
a vehicle shall not be driven on the left side of the roadway, is not
limited by its terms to vehicles overtaking and passing other vehicles.
Roach v. Lacho (Mo.), 402 S.W.2d 344.

(1966) The preposition "to" as used in subsection 4 of this section is
synonymous with "on" or "upon". Roach v. Lacho (Mo.), 402 S.W.2d 344.

(1976) Held, proper time for warning to be given is question for jury.
Warning must be given to vehicle in front in reasonable time for him to
recognize danger and avoid injury. Hubbard v. Lathrop (A.), 545 S.W.2d
361.

1. 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. Vehicles being driven upon any roadway outside of a business or
residence district in a caravan or motorcade, whether or not towing other
vehicles, shall be so operated, except in a funeral procession or in a
duly authorized parade, so as to allow sufficient space between each such
vehicle or combination of vehicles as to enable any other vehicle to
overtake or pass such vehicles in safety. This section shall in no manner
affect section 304.044 relating to distance between trucks traveling on
the highway.

2. Violation of this section shall be deemed a class C misdemeanor. (L.
1953 p. 587 § 304.020, A.L. 1980 H.B. 1368, A.L. 1996 H.B. 1047)

(1959) This section does not apply to trucks or buses governed by §
303.044 so that if safe and prudent following distance rule is applicable
to the operation of trucks it is by virtue of a common law duty and not
by this section. Thebeau v. Thebeau (Mo.), 324 S.W.2d 674.

(1960) Plaintiff struck by car while replacing damaged tire in truck
parked on right edge of four-lane highway while tire was being replaced
held entitled to allege and submit question as to whether vehicle which
struck him was following another vehicle more closely than was reasonably
safe and prudent. Binion v. Armentrout (Mo.), 333 S.W.2d 87.

(1965) Where plaintiff had testified that he had been stopped behind
school bus for about five seconds before being struck from behind, his
testimony does not preclude submission of case on defendant's violation
of this section. Sundermeyer v. Lentz (Mo.), 386 S.W.2d 16.

1. 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 highway as near as
practicable to the right side of the 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 highway so that the left side of the vehicle
shall be as near as practicable to the center line of the 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 twenty-four 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 fourteen feet, which limit of fourteen 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.

2. Violation of this section shall be deemed a class C misdemeanor. (L.
1953 p. 587 § 304.020, A.L. 1996 H.B. 1047)

(1954) Where plaintiff admittedly did not give hand signal of his
intention to stop, and other evidence was to the effect that no electric
stop signal was seen, question of contributory negligence in failing to
give warning of stop held for jury even though car was equipped with
adequate electrical signaling devices. White v. Rohrer (Mo.), 267 S.W.2d
31.

(1958) Under the circumstances of the case, whether defendant was guilty
of negligence in failing to give signal of intention to turn right at
driveway was question for jury. Ilgenfritz v. Quinn (Mo.), 318 S.W.2d 186.

(1959) Where driver gave timely and adequate signal of intention to stop
by means of a stop light on left rear of vehicle operated off of the
brake, he was not required to give hand signal. Pilkenton v. Fegley
(Mo.), 321 S.W.2d 435.

(1961) Section 304.019 is not limited to cases where there is a sudden
checking of speed but the degree of abruptness would have a decided
bearing upon whether it would reasonably affect the movement of a
following vehicle. Lafferty v. Wattle (A.), 349 S.W.2d 519.

(1964) A motorist who intends to turn left may not assume that other
vehicles will not be on the highway in violation of rules of the road and
must make proper observation to rear to see that another vehicle is not
coming into such close proximity that a left turn cannot be made with
reasonable safety and must give appropriate signal of intent to turn
left. Reed v. Shelly (A.), 378 S.W.2d 291.

(2004) Signal requirement does not apply to vehicles moving from stopped
position and entering traffic; probable cause did not therefore exist for
police officer to stop vehicle after defendant pulled vehicle onto street
from parked position without signaling. State v. Johnson, 148 S.W.3d 338
(Mo.App. W.D.).

1. 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 five hundred feet to the front of such vehicle or a flashing
blue light authorized by section 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 highway and thereupon stop and remain in such
position until such emergency vehicle has passed, except when otherwise
directed by a police or traffic officer.

2. Upon approaching a stationary emergency vehicle displaying lighted red
or red and blue 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.

3. The motorman of every streetcar shall immediately stop such car clear
of any intersection and keep it in such position until the emergency
vehicle has passed, except as otherwise directed by a police or traffic
officer.

4. 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, 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 section
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, RSMo;

(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 sections 260.500 to
260.550, RSMo.

5. (1) The driver of any vehicle referred to in subsection 4 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.

(2) The driver of an emergency vehicle may:

(a) Park or stand irrespective of the provisions of sections 304.014 to
304.026*;

(b) Proceed past a red or stop signal or stop sign, but only after
slowing down as may be necessary for safe operation;

(c) Exceed the prima facie speed limit so long as the driver does not
endanger life or property;

(d) Disregard regulations governing direction of movement or turning in
specified directions.

(3) The exemptions granted to an emergency vehicle pursuant to
subdivision (2) of this subsection shall apply only when the driver of
any such vehicle while in motion sounds audible signal by bell, siren, or
exhaust whistle as may be reasonably necessary, and when the vehicle is
equipped with at least one lighted lamp displaying a red light or blue
light visible under normal atmospheric conditions from a distance of five
hundred feet to the front of such vehicle.

6. No person shall purchase an emergency light as described in this
section without furnishing the seller of such light an affidavit stating
that the light will be used exclusively for emergency vehicle purposes.

7. Violation of this section shall be deemed a class B misdemeanor. (L.
1953 p. 587 § 304.020, A.L. 1969 p. 418, A.L. 1971 H.B. 113, A.L. 1981
H.B. 183, A.L. 1986 S.B. 523 merged with H.B. 1428, A.L. 1991 S.B. 265,
A.L. 1995 H.B. 424, A.L. 1996 H.B. 1047 merged with H.B. 1369, A.L. 1997
H.B. 244, A.L. 2002 H.B. 1270 and H.B. 2032, A.L. 2004 S.B. 757 merged
with S.B. 788, A.L. 2005 H.B. 353 merged with H.B. 487 merged with H.B.
618)

*Section 304.026 was repealed in 1996 by H.B. 1047.

(1957) Vehicle operator must yield right-of-way to an emergency vehicle
immediately approaching if it is either giving audible signal by siren or
displaying the prescribed red light. Politte v. Miller (A.), 301 S.W.2d
839.

(1959) Evidence reviewed and held not to establish that operator of
emergency vehicle was contributorily negligent as a matter of law. Allman
v. Yoder (Mo.), 325 S.W.2d 472.

1. An operator or driver of a motor vehicle shall stop same not
less than eight feet from the rear of any streetcar going in the same
direction which has stopped for the purpose of taking on or discharging
passengers, and shall remain standing until such car has taken on or
discharged such passengers; provided, however, said driver or operator
may pass such car where a safety zone is established by the proper
authorities, providing, however, that in passing such streetcar the
operator shall proceed at a speed not faster than is reasonable and with
due caution for the safety of pedestrians under the circumstances then
and there existing.

2. Violation of this section is a class C misdemeanor. (L. 1953 p. 587 §
304.020, A.L. 1996 H.B. 1047)

1. The state highways and transportation commission with respect
to highways under its jurisdiction may erect or place signs establishing
crossovers or crosswalks or prohibiting or restricting the stopping,
standing or parking of vehicles on any highway where in its opinion such
stopping, standing, or parking is dangerous to those using the highway or
where the stopping, standing or parking of vehicles would unduly
interfere with the free movement of traffic thereon. Such signs shall be
official signs and no person shall stop, stand, or park any vehicle in
violation of the restrictions stated on such signs.

2. Violation of this section shall be deemed an infraction. (L. 1953 p.
587 § 304.020, A.L. 1996 H.B. 1047)

1. The word "highway" whenever used in sections 304.014 to
304.026 shall mean any public road or thoroughfare for vehicles,
including state roads, county roads and public streets, avenues,
boulevards, parkways or alleys in any municipality.

2. The word "vehicle" whenever used in sections 304.014 to 304.026 shall
mean any device operated on highways, except those used exclusively on
rails or tracks. (L. 1953 p. 587 § 304.020)

(1960) An alley in a city is a highway or public thoroughfare within the
meaning of state's traffic regulations. Timmons v. Kilpatrick (Mo.), 332
S.W.2d 918.

1. There is hereby created in the state treasury for use by the
board of curators of the University of Missouri a fund to be known as the
"Spinal Cord Injury Fund". All judgments collected pursuant to this
section, appropriations of the general assembly, federal grants, private
donations and any other moneys designated for the spinal cord injury fund
established pursuant to this section, shall be deposited in the fund.
Moneys deposited in the fund shall, upon appropriation by the general
assembly to the board of curators, be received and expended by the board
for the purpose of funding research projects that promote an advancement
of knowledge in the area of spinal cord injury. Notwithstanding the
provisions of section 33.080, RSMo, to the contrary, any unexpended
balance in the spinal cord injury fund at the end of any biennium shall
not be transferred to the general revenue fund.

2. In all criminal cases including violations of any county ordinance or
any violation of criminal or traffic laws of this state, including an
infraction, there shall be assessed as costs a surcharge in the amount of
two dollars. No such surcharge shall be collected in any proceeding
involving a violation of an ordinance or state law when the proceeding or
defendant has been dismissed by the court or when costs are to be paid by
the state, county or municipality. Such surcharge shall be collected and
disbursed by the clerk of the court as provided by sections 488.010 to
488.020. The surcharge collected pursuant to this section shall be paid
into the state treasury to the credit of the spinal cord injury fund
created in this section. (L. 2001 H.B. 302 & 38, A.L. 2002 H.B. 1270 and
H.B. 2032 merged with S.B. 1048)

1. There is hereby created in the state treasury for use by the
Missouri Head Injury Advisory Council a fund to be known as the "Head
Injury Fund". All judgments collected pursuant to this section, federal
grants, private donations and any other moneys designated for the head
injury fund shall be deposited in the fund. Moneys deposited in the fund
shall, upon appropriation by the general assembly to the office of
administration, be received and expended by the council for the purpose
of transition and integration of medical, social and educational services
or activities for purposes of outreach and short-term supports to enable
individuals with traumatic head injury and their families to live in the
community, including counseling and mentoring the families.
Notwithstanding the provisions of section 33.080, RSMo, to the contrary,
any unexpended balance in the head injury fund at the end of any biennium
shall not be transferred to the general revenue fund.

2. In all criminal cases including violations of any county ordinance or
any violation of criminal or traffic laws of this state, including an
infraction, there shall be assessed as costs a surcharge in the amount of
two dollars. No such surcharge shall be collected in any proceeding
involving a violation of an ordinance or state law when the proceeding or
defendant has been dismissed by the court or when costs are to be paid by
the state, county or municipality.

3. Such surcharge shall be collected and distributed by the clerk of the
court as provided in sections 488.010 to 488.020, RSMo. The surcharge
collected pursuant to this section shall be paid to the state treasury to
the credit of the head injury fund established in this section. (L. 2002
H.B. 1270 and H.B. 2032)

1. Notwithstanding any other law to the contrary, a low- speed
vehicle may be operated upon a highway in the state if it meets the
requirements of this section. Every person operating a low-speed vehicle
shall be granted all the rights and shall be subject to all the duties
applicable to the driver of any other motor vehicle except as to the
special regulations in this section and except as to those provisions
which by their nature can have no application.

2. The operator of a low-speed vehicle shall observe all traffic laws and
local ordinances regarding the rules of the road. A low-speed vehicle
shall not be operated on a street or a highway with a posted speed limit
greater than thirty-five miles per hour. The provisions of this
subsection shall not prohibit a low-speed vehicle from crossing a street
or highway with a posted speed limit greater than thirty-five miles per
hour.

3. A low-speed vehicle shall be exempt from the requirements of sections
307.350 to 307.402, RSMo, for purposes of titling and registration.
Low-speed vehicles shall comply with the standards in 49 CFR 571.500, as
amended.

4. Every operator of a low-speed vehicle shall maintain financial
responsibility on such low-speed vehicle as required by chapter 303,
RSMo, if the low-speed vehicle is to be operated upon the highways of
this state.

5. Each person operating a low-speed vehicle on a highway in this state
shall possess a valid driver's license issued pursuant to chapter 302,
RSMo.

6. For purposes of this section a "low-speed vehicle" shall have the
meaning ascribed to it in 49 CFR, section 571.3, as amended.

7. All low-speed vehicles shall be manufactured in compliance with the
National Highway Traffic Safety Administration standards for low-speed
vehicles in 49 CFR 571.500, as amended.

8. Nothing in this section shall prevent county or municipal governments
from adopting more stringent local ordinances governing low- speed
vehicle operation if the governing body of the county or municipality
determines that such ordinances are necessary in the interest of public
safety. The department of transportation may prohibit the operation of
low-speed vehicles on any highway under its jurisdiction if it determines
that the prohibition is necessary in the interest of public safety. (L.
2004 H.B. 996 and H.B. 1142 and H.B. 1201 and H.B. 1489 merged with S.B.
1233, et al.)

Every motor vehicle transporting passengers, for hire, every
school bus, and every motor vehicle transporting high explosives, or
poisonous or compressed inflammable gases, and every motor vehicle used
for the transportation of inflammable or corrosive liquids in bulk,
whether loaded or empty, shall, upon approaching any railroad grade
crossing, other than a crossing that is specifically exempted from the
stopping requirement by order of the division of motor carrier and
railroad safety of the department of economic development, be brought to
a full stop within fifty feet, but not less than fifteen feet, from the
nearest rail of such railroad grade crossing, and shall not proceed until
due caution has been taken to ascertain that the course is clear, except
that such full stop shall not be required at a streetcar crossing within
a business or residence district, nor at a railroad grade crossing
protected by a watchman or traffic officer on duty or by a traffic
control signal (not railroad flashing signal) giving positive indication
to approaching vehicles to proceed, nor when the division of motor
carrier and railroad safety has ordered the placement of an exempt sign
at the crossing. (RSMo 1939 § 8399, A.L. 1988 S.B. 676)

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

1. As used in this section, "Traffic Signal Preemption System
(TSPS)" shall mean a traffic-control system designated for use by
emergency vehicles, as defined in this section, to improve traffic
movement by temporarily controlling signalized intersections.

2. The owner of a traffic control signal may authorize use of a TSPS by
the following persons for the following purposes:

(1) An authorized operator in an authorized emergency vehicle, or an
authorized person who is an employee or member of an agency or entity
which operates emergency vehicles, who may activate a TSPS from a station
where the entity's emergency vehicles are based to control a traffic
signal near that station, in order to improve the safety and efficiency
of emergency response operations;

(2) An authorized operator in a bus, in order to interrupt the cycle of
the traffic control signal in such a way as to keep the green light
showing for longer than it otherwise would;

(3) An authorized operator in a traffic signal maintenance vehicle, in
order to facilitate traffic signal maintenance activities.

3. A TSPS used by an authorized person in an emergency vehicle or at a
station where emergency vehicles are stationed shall preempt and override
a device operated by any other person.

4. A traffic control signal operating device used as authorized under
this section must operate in such a way that the device does not continue
to control the signal once the vehicle containing the device has arrived
at the intersection, regardless of whether the vehicle remains at the
intersection. No motor vehicle driver shall be convicted of any traffic
violation if there is evidence that TSPS has been used by a government
official to improperly change the sequence of the traffic signals.

5. It shall be unlawful for any person not approved herein to use a TSPS
to control traffic.

6. Violation of this section shall be deemed a class B misdemeanor. (L.
2004 S.B. 1233, et al.)

1. When any person driving a vehicle approaches a railroad grade
crossing, the driver of the vehicle shall operate the vehicle in a manner
so he will be able to stop, and he shall stop the vehicle not less than
fifteen feet and not more than fifty feet from the nearest rail of the
railroad track and shall not proceed until he can safely do so if:

(1) A clearly visible electric or mechanical signal device warns of the
approach of a railroad train; or

(2) A crossing gate is lowered or when a human flagman gives or continues
to give a signal or warning of the approach or passage of a railroad
train; or

(3) An approaching railroad train is visible and is in hazardous
proximity to such crossing; or

(4) Any other traffic sign, device or any other act, rule, regulation or
statute requires a vehicle to stop at a railroad grade crossing.

2. No person shall drive any vehicle through, around or under any
crossing gate or barrier at a railroad crossing when a train is
approaching while such gate or barrier is closed or is being opened or
closed.

3. No person shall drive a vehicle through a railroad crossing when there
is not sufficient space to drive completely through the crossing.

4. No person shall drive a vehicle through a railroad crossing unless
such vehicle has sufficient undercarriage clearance necessary to prevent
the undercarriage of the vehicle from contacting the railroad crossing.

5. Every commercial motor vehicle as defined in section 302.700, RSMo,
shall, upon approaching a railroad grade crossing, be driven at a rate of
speed which will permit said commercial motor vehicle to be stopped
before reaching the nearest rail of such crossing and shall not be driven
upon or over such crossing until due caution has been taken to ascertain
that the course is clear. This section does not apply to vehicles which
are required to stop at railroad crossings pursuant to section 304.030.

6. Any person violating the provisions of this section is guilty of a
class C misdemeanor. (L. 1977 H.B. 220 § 1, A.L. 1988 S.B. 676, A.L. 1992
S.B. 765, A.L. 2001 S.B. 244, A.L. 2004 S.B. 1233, et al.)

Any person violating the provisions of section 304.030 shall be
deemed guilty of a misdemeanor. (RSMo 1939 § 8400)

1. The following terms as used in this section shall mean:

(1) "Bus", any vehicle or motor car designed and used for the purpose of
carrying more than seven persons;

(2) "Truck", any vehicle, machine, tractor, trailer or semitrailer, or
any combination thereof, propelled or drawn by mechanical power and
designed or used in the transportation of property upon the highways.

2. The driver of any truck or bus, when traveling upon a public highway
of this state outside of a business or residential district, shall not
follow within three hundred feet of another such vehicle; provided, the
provisions of this section shall not be construed to prevent the
overtaking and passing, by any such truck or bus, of another similar
vehicle.

3. Any person who shall violate the provisions of this section shall be
deemed guilty of a class C misdemeanor, and upon conviction thereof shall
be punished accordingly. (L. 1951 p. 694 §§ 1 to 3, A.L. 1996 H.B. 1047)

(1959) The purpose of § 304.044 is not only to provide sufficient space
between vehicles to permit lighter vehicles to pass but it is also
intended for the protection of forward trucks and those following as well
as the drivers and passengers therein. Thus violations of the statute
under the circumstances was the negligent proximate cause of an accident.
Thebeau v. Thebeau (Mo.), 324 S.W.2d 674.

1. The driver of a vehicle upon a highway upon meeting or
overtaking from either direction any school bus which has stopped on the
highway 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.

2. Every bus used for the transportation of school children shall bear
upon the front and rear thereon a plainly visible sign containing the
words "school bus" in letters not less than eight inches in height. Each
bus shall have lettered on the rear in plain and distinct type the
following: "State Law: Stop while bus is loading and unloading". Each
school bus subject to the provisions of sections 304.050 to 304.070 shall
be equipped with a mechanical and electrical signaling device approved by
the state board of education, which will display a signal plainly visible
from the front and rear and indicating intention to stop.

3. Every school bus operated to transport students in the public school
system which has a gross vehicle weight rating of more than ten thousand
pounds, which has the engine mounted entirely in front of the windshield
and the entrance door behind the front wheels, and which is used for the
transportation of school children shall be equipped no later than August
1, 1998, with a crossing control arm. The crossing control arm, when
activated, shall extend a minimum of five feet six inches from the face
of the front bumper. The crossing control arm shall be attached on the
right side of the front bumper and shall be activated by the same
controls which activate the mechanical and electrical signaling devices
described in subsection 2 of this section. This subsection may be cited
as "Jessica's Law" in commemoration of Jessica Leicht and all other
Missouri schoolchildren who have been injured or killed during the
operation of a school bus.

4. Except as otherwise provided in this section, the driver of a school
bus in the process of loading or unloading students upon a street or
highway shall activate the mechanical and electrical signaling devices,
in the manner prescribed by the state board of education, to communicate
to drivers of other vehicles that students are loading or unloading. A
public school district shall have the authority pursuant to this section
to adopt a policy which provides that the driver of a school bus in the
process of loading or unloading students upon a divided highway of four
or more lanes may pull off of the main roadway and load or unload
students without activating the mechanical and electrical signaling
devices in a manner which gives the signal for other drivers to stop and
may use the amber signaling devices to alert motorists that the school
bus is slowing to a stop; provided that the passengers are not required
to cross any traffic lanes and also provided that the emergency flashing
signal lights are activated in a manner which indicates that drivers
should proceed with caution, and in such case, the driver of a vehicle
may proceed past the school bus with due caution. No driver of a school
bus shall take on or discharge passengers at any location upon a highway
consisting of four or more lanes of traffic, whether or not divided by a
median or barrier, in such manner as to require the passengers to cross
more than two lanes of traffic; nor shall any passengers be taken on or
discharged while the vehicle is upon the road or highway proper unless
the vehicle so stopped is plainly visible for at least five hundred feet
in each direction to drivers of other vehicles in the case of a highway
with no shoulder and a speed limit greater than sixty miles per hour and
at least three hundred feet in each direction to drivers of other
vehicles upon other highways, and on all highways, only for such time as
is actually necessary to take on and discharge passengers.

5. The driver of a vehicle upon a highway with separate 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.

6. 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.

7. If any vehicle is witnessed by a peace 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 peace 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 fifteen days
of receipt of such notice.

8. Notwithstanding the provisions in section 301.130, RSMo, every school
bus shall be required to have two license plates. (L. 1949 p. 329 § 1,
A.L. 1958 2d Ex. Sess. p. 175, A.L. 1965 p. 486, A.L. 1985 H.B. 288, et
al., A.L. 1986 H.B. 1405, A.L. 1997 S.B. 315)

Effective 7-1-98

CROSS REFERENCE: Penalty provisions for certain violations of this
section, RSMo 304.070

(2004) Section is not unconstitutionally vague under due process clause
as to whether it only applies to four-lane highways, and term "plainly
visible" is not vague where evidence confirmed the absence of any
visibility. State v. Dunn, 147 S.W.3d 75 (Mo.banc).

1. The state board of education shall adopt and enforce
regulations not inconsistent with law to cover the design and operation
of all school buses used for the transportation of school children when
owned and operated by any school district or privately owned and operated
under contract with any school district in this state, and such
regulations shall by reference be made a part of any such contract with a
school district. The state board of education may adopt rules and
regulations governing the use of other vehicles owned by a district or
operated under contract with any school district in this state and used
for the purpose of transporting school children. The operator of such
vehicle shall be licensed in accordance with section 302.272, RSMo, and
such vehicle shall transport no more children than the manufacturer
suggests as appropriate for such vehicle. The state board of education
may also adopt rules and regulations governing the use of authorized
common carriers for the transportation of students on field trips or
other special trips for educational purposes. Every school district, its
officers and employees, and every person employed under contract by a
school district shall be subject to such regulations. The state board of
education shall cooperate with the state transportation department and
the state highway patrol in placing suitable warning signs at intervals
on the highways of the state.

2. Any officer or employee of any school district who violates any of the
regulations or fails to include obligation to comply with such
regulations in any contract executed by him on behalf of a school
district shall be guilty of misconduct and subject to removal from office
or employment. Any person operating a school bus under contract with a
school district who fails to comply with any such regulations shall be
guilty of breach of contract and such contract shall be canceled after
notice and hearing by the responsible officers of such school district.

3. Any other provision of the law to the contrary notwithstanding, in any
county of the first class with a charter form of government adjoining a
city not within a county, school buses may bear the word "special". (L.
1949 p. 329 § 2, A.L. 1977 H.B. 130, A.L. 1987 S.B. 114, A.L. 1992 H.B.
1794)

1. Any person who violates any of the provisions of subsections
1, 3, and 6 of section 304.050 is guilty of a class A misdemeanor. In
addition, beginning July 1, 2005, the court may suspend the driver's
license of any person who violates the provision of subsection 1 of
section 304.050. If ordered by the court, the director shall suspend the
driver's license for ninety days for a first offense of subsection 1 of
section 304.050, and one hundred twenty days for a second or subsequent
offense of subsection 1 of section 304.050.

2. Any appeal of a suspension imposed under subsection 1 of this section
shall be a direct appeal of the court order and subject to review by the
presiding judge of the circuit court or another judge within the circuit
other than the judge who issued the original order to suspend the
driver's license. The director of revenue's entry of the court-ordered
suspension on the driving record is not a decision subject to review
pursuant to section 302.311, RSMo. Any suspension of the driver's license
ordered by the court under this section shall be in addition to any other
suspension that may occur as a result of the conviction pursuant to other
provisions of law. (L. 1949 p. 329 § 3, A.L. 1965 p. 486, A.L. 1985 H.B.
288, et al., A.L. 2004 S.B. 1233, et al.)

1. Any motor vehicle which is not regularly being operated by a
school district or under contract with a school district or by private
schools for the transportation of school children shall not bear signs
indicating that it is a school bus. When any person operating a school
bus under contract with a school district uses it for purposes other than
for the transportation of school children, the person shall cover the
signs thereon in such manner that it will not appear on the highways as a
school bus.

2. Any person violating this section is guilty of a class C misdemeanor.
(L. 1955 p. 625 § 1, A.L. 1996 H.B. 1047)

Notwithstanding anything in subsection 1 of section 304.075 to
the contrary, effective August 28, 1996, any new bus to be used to
transport children to or from a federal Head Start program shall bear
signs indicating that it is a Head Start school bus. Any bus that was
used to transport children to or from a Head Start program prior to
August 28, 1996, that continues to transport children to or from a Head
Start program after such date may bear signs indicating that it is a Head
Start school bus. (L. 1996 H.B. 1301 & 1298)

1. Designated disabled parking spaces may only be used when a
disabled person, who has been issued disabled license plates or
windshield hanging placards pursuant to the provisions of section
301.142, RSMo, or by those states with which the director has entered
into reciprocity agreements as provided in section 301.142, RSMo, is
then, or immediately preceding being parked, was an occupant of the motor
vehicle bearing the disabled license plate or windshield hanging placard
or in cases where the motor vehicle bearing the disabled license plate or
windshield hanging placard is then being used to deliver or collect one
or more of the disabled persons for whom the disabled license plate or
windshield hanging placard was issued.

2. The driver, or any occupant, of a motor vehicle bearing disabled
license plates or a windshield hanging placard which is parked or has
been observed to have been parking in a duly designated disabled parking
space shall, upon request from any law enforcement officer or other duly
constituted peace officer upon identification as such, produce the
disabled registration certificate issued to the disabled person or entity
as provided for in section 301.142, RSMo, or such other authorization to
show that the driver or any occupant of the vehicle is lawfully entitled
to use a designated disabled parking space. The driver or any occupant of
the motor vehicle shall, in addition to the certificate, produce other
identification with a photograph of the disabled person for whom the
disabled plates or windshield hanging placard was issued.

3. If the driver, or an occupant, of a motor vehicle which is parked or
has been observed to have parked in a designated disabled parking space
is unable to, or cannot, produce the certificate as provided for in
section 301.142, RSMo, or other proper authorization showing that the
vehicle is being used, or has been lawfully parking in a disabled parking
space, the operator is guilty of a class A misdemeanor. However, no
person shall be found guilty of violating this section if the operator
produces such a certificate to the court that was valid at the time of
the citation for a person who was using the vehicle.

4. The windshield hanging placard shall only be used when the vehicle is
parked in a disabled parking space. It shall be unlawful for any person
to operate or drive a motor vehicle with a windshield hanging placard
hanging from the inside rearview mirror. (L. 2004 S.B. 1233, et al. §
304.601)

Effective 1-1-05

The driver of a vehicle approaching a person with a visual,
aural or physical disability who is carrying a cane predominantly white
or metallic in color, with or without a red tip, or using a guide dog,
hearing dog or service dog shall yield to such pedestrian, and any driver
who fails to take such precautions shall be liable in damages for any
injury caused such pedestrian and any injury caused to the pedestrian's
guide dog, hearing dog or service dog; provided that such a pedestrian
not carrying such cane or using a guide dog, hearing dog or service dog
in any of the places, accommodations or conveyances listed in section
209.150, RSMo, shall have all of the rights and privileges conferred by
law upon other persons. (L. 1949 p. 250 § 1, A.L. 1977 S.B. 12, A.L. 1988
H.B. 1163, A.L. 1996 S.B. 582)

Any person who violates any provision of sections 304.080 to
304.110, shall be guilty of a misdemeanor and upon conviction thereof be
fined not exceeding twenty-five dollars and costs of prosecution, and in
default of payment thereof, shall undergo imprisonment not exceeding ten
days. (L. 1949 p. 250 § 4)

1. Municipalities, by ordinance, may establish reasonable speed
regulations for motor vehicles within the limits of such municipalities.
No person who is not a resident of such municipality and who has not been
within the limits thereof for a continuous period of more than
forty-eight hours, shall be convicted of a violation of such ordinances,
unless it is shown by competent evidence that there was posted at the
place where the boundary of such municipality joins or crosses any
highway a sign displaying in black letters not less than four inches high
and one inch wide on a white background the speed fixed by such
municipality so that such sign may be clearly seen by operators and
drivers from their vehicles upon entering such municipality.

2. Municipalities, by ordinance, may:

(1) Make additional rules of the road or traffic regulations to meet
their needs and traffic conditions;

(2) Establish one-way streets and provide for the regulation of vehicles
thereon;

(3) Require vehicles to stop before crossing certain designated streets
and boulevards;

(4) Limit the use of certain designated streets and boulevards to
passenger vehicles;

(5) Prohibit the use of certain designated streets to vehicles with metal
tires, or solid rubber tires;

(6) Regulate the parking of vehicles on streets by the installation of
parking meters for limiting the time of parking and exacting a fee
therefor or by the adoption of any other regulatory method that is
reasonable and practical, and prohibit or control left-hand turns of
vehicles;

(7) Require the use of signaling devices on all motor vehicles; and

(8) Prohibit sound producing warning devices, except horns directed
forward.

3. No ordinance shall be valid which contains provisions contrary to or
in conflict with this chapter, except as herein provided.

4. No ordinance shall impose liability on the owner-lessor of a motor
vehicle when the vehicle is being permissively used by a lessee and is
illegally parked or operated if the registered owner-lessor of such
vehicle furnishes the name, address and operator's license number of the
person renting or leasing the vehicle at the time the violation occurred
to the proper municipal authority within three working days from the time
of receipt of written request for such information. Any registered
owner-lessor who fails or refuses to provide such information within the
period required by this subsection shall be liable for the imposition of
any fine established by municipal ordinance for the violation. Provided,
however, if a leased motor vehicle is illegally parked due to a defect in
such vehicle, which renders it inoperable, not caused by the fault or
neglect of the lessee, then the lessor shall be liable on any violation
for illegal parking of such vehicle. (RSMo 1939 § 8395, A.L. 1943 p. 659,
A. 1949 S.B. 1113, A.L. 1975 H.B. 83)

Prior revisions: 1929 § 7780; 1919 § 7596

(1960) Funds of city derived from on-street parking meters held properly
used as a means of financing off-street parking facilities. Automobile
Club of Missouri v. City of St. Louis (Mo.), 334 S.W.2d 355.

1. For the purpose of promoting the public safety, health and
general welfare and to protect life and property, the county commission
in all counties of the first class, is empowered to adopt, by order or
ordinance, regulations to control vehicular traffic upon the public roads
and highways in the unincorporated territory of such counties and to
establish reasonable speed regulations in congested areas upon such
public roads and highways in the unincorporated territory of such
counties. Such regulations shall not be inconsistent with the provisions
of the general motor vehicle laws of this state.

2. Before the adoption of such regulations, the county commission shall
hold at least three public hearings thereon, fifteen days' notice of the
time and place of which shall be published in at least two newspapers
having a general circulation within the county, and notice of such
hearing shall also be posted at least fifteen days in advance thereof in
four conspicuous places in the county; provided, however, that any
regulations respecting stop signs, signal lights and speed limits on
state or federal highways shall be approved by the state highways and
transportation commission before the same shall become effective.

3. The regulations adopted shall be codified, printed and distributed for
public use; provided, however, that adequate signs displaying the speed
limit must be posted along the highways at the points along such highways
where such speed limits begin and end. (L. 1947 V. I p. 451 § 1)

Any person violating any order or regulation adopted under
section 304.130 shall upon conviction be adjudged guilty of an
infraction. (L. 1947 V. I p. 451 § 2, A.L. 1996 H.B. 1047)

1. Except in the case of an accident resulting in the injury or
death of any person, the driver of a vehicle which for any reason
obstructs the regular flow of traffic on the roadway of any state highway
shall make every reasonable effort to move the vehicle or have it moved
so as not to block the regular flow of traffic.

2. Prior to January 1, 1999, any person who fails to comply with the
requirements of this section shall be issued a written warning of the
violation in order to inform such persons of the requirements of this
section. Beginning January 1, 1999,* any person who fails to comply with
the requirements of this section is guilty of an infraction and, upon
conviction thereof, shall be punished by a fine of not less than ten
dollars nor more than fifty dollars. (L. 1996 S.B. 560)

*Blocking flow of traffic to become an infraction punishable by fine
1-1-99.

1. Beginning January 1, 2005, a towing company operating a tow
truck pursuant to the authority granted in section 304.155 or 304.157
shall:

(1) Have and occupy a verifiable business address;

(2) Have a fenced, secure, and lighted storage lot or an enclosed, secure
building for the storage of motor vehicles;

(3) Be available twenty-four hours a day, seven days a week. Availability
shall mean that an employee of the towing company or an answering service
answered by a person is able to respond to a tow request;

(4) Maintain a valid insurance policy issued by an insurer authorized to
do business in this state, or a bond or other acceptable surety providing
coverage for the death of, or injury to, persons and damage to property
for each accident or occurrence in the amount of at least five hundred
thousand dollars per incident;

(5) Provide workers' compensation insurance for all employees of the
towing company if required by chapter 287, RSMo; and

(6) Maintain current motor vehicle registrations on all tow trucks
currently operated within the towing company fleet.

2. Counties may adopt ordinances with respect to towing company standards
in addition to the minimum standards contained in this section. A towing
company located in a county of the second, third, and fourth
classification is exempt from the provisions of this section. (L. 2004
S.B. 1233, et al.)

1. Any law enforcement officer within the officer's
jurisdiction, or an officer of a government agency where that agency's
real property is concerned, may authorize a towing company to remove to a
place of safety:

(1) Any abandoned property on the right-of-way of:

(a) Any interstate highway or freeway in an urbanized area, left
unattended for ten hours, or immediately if a law enforcement officer
determines that the abandoned property is a serious hazard to other
motorists, provided that commercial motor vehicles not hauling materials
designated as hazardous under 49 U.S.C. 5103(a) may only be removed under
this subdivision to a place of safety until the owner or owner's
representative has had a reasonable opportunity to contact a towing
company of choice;

(b) Any interstate highway or freeway outside of an urbanized area, left
unattended for forty-eight hours, or after four hours if a law
enforcement officer determines that the abandoned property is a serious
hazard to other motorists, provided that commercial motor vehicles not
hauling materials designated as hazardous under 49 U.S.C. 5103(a) may
only be removed under this subdivision to a place of safety until the
owner or owner's representative has had a reasonable opportunity to
contact a towing company of choice;

(c) Any state highway other than an interstate highway or freeway in an
urbanized area, left unattended for more than ten hours; or

(d) Any state highway other than an interstate highway or freeway outside
of an urbanized area, left unattended for more than forty-eight hours;
provided that commercial motor vehicles not hauling waste designated as
hazardous under 49 U.S.C. 5103(a) may only be removed under this
subdivision to a place of safety until the owner or owner's
representative has had a reasonable opportunity to contact a towing
company of choice;

(2) Any unattended abandoned property illegally left standing upon any
highway or bridge if the abandoned property is left in a position or
under such circumstances as to obstruct the normal movement of traffic
where there is no reasonable indication that the person in control of the
property is arranging for its immediate control or removal;

(3) Any abandoned property which has been abandoned under section
577.080, RSMo;

(4) Any abandoned property which has been reported as stolen or taken
without consent of the owner;

(5) Any abandoned property for which the person operating such property
is arrested for an alleged offense for which the officer is required to
take the person into custody and where such person is unable to arrange
for the property's timely removal;

(6) Any abandoned property which due to any other state law or local
ordinance is subject to towing because of the owner's outstanding traffic
or parking violations;

(7) Any abandoned property left unattended in violation of a state law or
local ordinance where signs have been posted giving notice of the law or
where the violation causes a safety hazard; or

(8) Any abandoned property illegally left standing on the waters of this
state as defined in section 306.010, RSMo, where the abandoned property
is obstructing the normal movement of traffic, or where the abandoned
property has been unattended for more than ten hours or is floating loose
on the water.

2. The state transportation department may immediately remove any
abandoned, unattended, wrecked, burned or partially dismantled property,
spilled cargo or other personal property from the roadway of any state
highway if the abandoned property, cargo or personal property is creating
a traffic hazard because of its position in relation to the state
highway. In the event the property creating a traffic hazard is a
commercial motor vehicle, as defined in section 302.700, RSMo, the
department's authority under this subsection shall be limited to
authorizing a towing company to remove the commercial motor vehicle to a
place of safety, except that the owner of the commercial motor vehicle or
the owner's designated representative shall have a reasonable opportunity
to contact a towing company of choice. The provisions of this subsection
shall not apply to vehicles transporting any material which has been
designated as hazardous under Section 5103(a) of Title 49, U.S.C.

3. Any law enforcement agency authorizing a tow pursuant to this section
in which the abandoned property is moved from the immediate vicinity
shall complete a crime inquiry and inspection report. Any state or
federal government agency other than a law enforcement agency authorizing
a tow pursuant to this section in which the abandoned property is moved
away from the immediate vicinity in which it was abandoned shall report
the towing to the state highway patrol or water patrol within two hours
of the tow along with a crime inquiry and inspection report as required
in this section. Any local government agency, other than a law
enforcement agency, authorizing a tow pursuant to this section where
property is towed away from the immediate vicinity shall report the tow
to the local law enforcement agency within two hours along with a crime
inquiry and inspection report.

4. Neither the law enforcement officer, government agency official nor
anyone having custody of abandoned property under his direction shall be
liable for any damage to such abandoned property occasioned by a removal
authorized by this section or by ordinance of a county or municipality
licensing and regulating the sale of abandoned property by the
municipality, other than damages occasioned by negligence or by willful
or wanton acts or omissions.

5. The owner of abandoned property removed as provided in this section or
in section 304.157 shall be responsible for payment of all reasonable
charges for towing and storage of such abandoned property as provided in
section 304.158.

6. Upon the towing of any abandoned property pursuant to this section or
under authority of a law enforcement officer or local government agency
pursuant to section 304.157, the law enforcement agency that authorized
such towing or was properly notified by another government agency of such
towing shall promptly make an inquiry with the national crime information
center and any statewide Missouri law enforcement computer system to
determine if the abandoned property has been reported as stolen and shall
enter the information pertaining to the towed property into the statewide
law enforcement computer system. If the abandoned property is not claimed
within ten working days of the towing, the tower who has online access to
the department of revenue's records shall make an inquiry to determine
the abandoned property owner and lienholder, if any, of record. In the
event that the records of the department of revenue fail to disclose the
name of the owner or any lienholder of record, the tower shall comply
with the requirements of subsection 3 of section 304.156. If the tower
does not have online access, the law enforcement agency shall submit a
crime inquiry and inspection report to the director of revenue. A towing
company that does not have online access to the department's records and
that is in possession of abandoned property after ten working days shall
report such fact to the law enforcement agency with which the crime
inquiry and inspection report was filed. The crime inquiry and inspection
report shall be designed by the director of revenue and shall include the
following:

(1) The year, model, make and property identification number of the
property and the owner and any lienholders, if known;

(2) A description of any damage to the property noted by the officer
authorizing the tow;

(3) The license plate or registration number and the state of issuance,
if available;

(4) The storage location of the towed property;

(5) The name, telephone number and address of the towing company;

(6) The date, place and reason for the towing of the abandoned property;

(7) The date of the inquiry of the national crime information center, any
statewide Missouri law enforcement computer system and any other similar
system which has titling and registration information to determine if the
abandoned property had been stolen. This information shall be entered
only by the law enforcement agency making the inquiry;

(8) The signature and printed name of the officer authorizing the tow; and

(9) The name of the towing company, the signature and printed name of the
towing operator, and an indicator disclosing whether the tower has online
access to the department's records;

(10) Any additional information the director of revenue deems appropriate.

7. One copy of the crime inquiry and inspection report shall remain with
the agency which authorized the tow. One copy shall be provided to and
retained by the storage facility and one copy shall be retained by the
towing facility in an accessible format in the business records for a
period of three years from the date of the tow or removal.

8. The owner of such abandoned property, or the holder of a valid
security interest of record, may reclaim it from the towing company upon
proof of ownership or valid security interest of record and payment of
all reasonable charges for the towing and storage of the abandoned
property.

9. Any person who removes abandoned property at the direction of a law
enforcement officer or an officer of a government agency where that
agency's real property is concerned as provided in this section shall
have a lien for all reasonable charges for the towing and storage of the
abandoned property until possession of the abandoned property is
voluntarily relinquished to the owner of the abandoned property or to the
holder of a valid security interest of record. Any personal property
within the abandoned property need not be released to the owner thereof
until the reasonable or agreed charges for such recovery, transportation
or safekeeping have been paid or satisfactory arrangements for payment
have been made, except that any medication prescribed by a physician
shall be released to the owner thereof upon request. The company holding
or storing the abandoned property shall either release the personal
property to the owner of the abandoned property or allow the owner to
inspect the property and provide an itemized receipt for the contents.
The company holding or storing the property shall be strictly liable for
the condition and safe return of the personal property. Such lien shall
be enforced in the manner provided under section 304.156.

10. Towing companies shall keep a record for three years on any abandoned
property towed and not reclaimed by the owner of the abandoned property.
Such record shall contain information regarding the authorization to tow,
copies of all correspondence with the department of revenue concerning
the abandoned property, including copies of any online records of the
towing company accessed and information concerning the final disposition
of the possession of the abandoned property.

11. If a lienholder repossesses any motor vehicle, trailer, all-terrain
vehicle, outboard motor or vessel without the knowledge or cooperation of
the owner, then the repossessor shall notify the local law enforcement
agency where the repossession occurred within two hours of the
repossession and shall further provide the local law enforcement agency
with any additional information the agency deems appropriate. The local
law enforcement agency shall make an inquiry with the national crime
information center and the Missouri statewide law enforcement computer
system and shall enter the repossessed vehicle into the statewide law
enforcement computer system.

12. Notwithstanding the provisions of section 301.227, RSMo, any towing
company who has complied with the notification provisions in section
304.156 including notice that any property remaining unredeemed after
thirty days may be sold as scrap property may then dispose of such
property as provided in this subsection. Such sale shall only occur if at
least thirty days has passed since the date of such notification, the
abandoned property remains unredeemed with no satisfactory arrangements
made with the towing company for continued storage, and the owner or
holder of a security agreement has not requested a hearing as provided in
section 304.156. The towing company may dispose of such abandoned
property by selling the property on a bill of sale as prescribed by the
director of revenue to a scrap metal operator or licensed salvage dealer
for destruction purposes only. The towing company shall forward a copy of
the bill of sale provided by the scrap metal operator or licensed salvage
dealer to the director of revenue within two weeks of the date of such
sale. The towing company shall keep a record of each such vehicle sold
for destruction for three years that shall be available for inspection by
law enforcement and authorized department of revenue officials. The
record shall contain the year, make, identification number of the
property, date of sale, and name of the purchasing scrap metal operator
or licensed salvage dealer and copies of all notifications issued by the
towing company as required in this chapter. Scrap metal operators or
licensed salvage dealers shall keep a record of the purchase of such
property as provided in section 301.227, RSMo. Scrap metal operators and
licensed salvage dealers may obtain a junk certificate as provided in
section 301.227, RSMo, on vehicles purchased on a bill of sale pursuant
to this section. (L. 1965 p. 487 §§ 1 to 3, A.L. 1982 S.B. 665, A.L. 1985
H.B. 288, et al., A.L. 1987 S.B. 290, A.L. 1988 H.B. 1581, A.L. 1992 H.B.
1794, A.L. 1996 S.B. 560, A.L. 1997 H.B. 257, A.L. 1999 S.B. 19, A.L.
2004 S.B. 1233, et al., A.L. 2005 H.B. 487)

CROSS REFERENCE: Removal of abandoned motor vehicles from roadways
pursuant to section 304.155 moved to shoulder or berm, limitations on
department employees, RSMo 226.1115

1. Within five working days of receipt of the crime inquiry and
inspection report under section 304.155 or the abandoned property report
under section 304.157, the director of revenue shall search the records
of the department of revenue, or initiate an inquiry with another state,
if the evidence presented indicated the abandoned property was registered
or titled in another state, to determine the name and address of the
owner and lienholder, if any. After ascertaining the name and address of
the owner and lienholder, if any, the department shall, within fifteen
working days, notify the towing company. Any towing company which comes
into possession of abandoned property pursuant to section 304.155 or
304.157 and who claims a lien for recovering, towing or storing abandoned
property shall give notice to the title owner and to all persons claiming
a lien thereon, as disclosed by the records of the department of revenue
or of a corresponding agency in any other state. The towing company shall
notify the owner and any lienholder within ten business days of the date
of mailing indicated on the notice sent by the department of revenue, by
certified mail, return receipt requested. The notice shall contain the
following:

(1) The name, address and telephone number of the storage facility;

(2) The date, reason and place from which the abandoned property was
removed;

(3) A statement that the amount of the accrued towing, storage and
administrative costs are the responsibility of the owner, and that
storage and/or administrative costs will continue to accrue as a legal
liability of the owner until the abandoned property is redeemed;

(4) A statement that the storage firm claims a possessory lien for all
such charges;

(5) A statement that the owner or holder of a valid security interest of
record may retake possession of the abandoned property at any time during
business hours by proving ownership or rights to a secured interest and
paying all towing and storage charges;

(6) A statement that, should the owner consider that the towing or
removal was improper or not legally justified, the owner has a right to
request a hearing as provided in this section to contest the propriety of
such towing or removal;

(7) A statement that if the abandoned property remains unclaimed for
thirty days from the date of mailing the notice, title to the abandoned
property will be transferred to the person or firm in possession of the
abandoned property free of all prior liens; and

(8) A statement that any charges in excess of the value of the abandoned
property at the time of such transfer shall remain a liability of the
owner.

2. A towing company may only assess reasonable storage charges for
abandoned property towed without the consent of the owner. Reasonable
storage charges shall not exceed the charges for vehicles which have been
towed with the consent of the owner on a negotiated basis. Storage
charges may be assessed only for the time in which the towing company
complies with the procedural requirements of sections 304.155 to 304.158.

3. In the event that the records of the department of revenue fail to
disclose the name of the owner or any lienholder of record, the
department shall notify the towing company which shall attempt to locate
documents or other evidence of ownership on or within the abandoned
property itself. The towing company must certify that a physical search
of the abandoned property disclosed that no ownership documents were
found and a good faith effort has been made. For purposes of this
section, "good faith effort" means that the following checks have been
performed by the company to establish the prior state of registration and
title:

(1) Check of the abandoned property for any type of license plates,
license plate record, temporary permit, inspection sticker, decal or
other evidence which may indicate a state of possible registration and
title;

(2) Check the law enforcement report for a license plate number or
registration number if the abandoned property was towed at the request of
a law enforcement agency;

(3) Check the tow ticket/report of the tow truck operator to see if a
license plate was on the abandoned property at the beginning of the tow,
if a private tow; and

(4) If there is no address of the owner on the impound report, check the
law enforcement report to see if an out-of-state address is indicated on
the driver license information.

4. If no ownership information is discovered, the director of revenue
shall be notified in writing and title obtained in accordance with
subsection 7 of this section.

5. (1) The owner of the abandoned property removed pursuant to the
provisions of section 304.155 or 304.157 or any person claiming a lien,
other than the towing company, within ten days after the receipt of
notification from the towing company pursuant to subsection 1 of this
section may file a petition in the associate circuit court in the county
where the abandoned property is stored to determine if the abandoned
property was wrongfully taken or withheld from the owner. The petition
shall name the towing company among the defendants. The petition may also
name the agency ordering the tow or the owner, lessee or agent of the
real property from which the abandoned property was removed. The director
of revenue shall not be a party to such petition but a copy of the
petition shall be served on the director of revenue who shall not issue
title to such abandoned property pursuant to this section until the
petition is finally decided.

(2) Upon filing of a petition in the associate circuit court, the owner
or lienholder may have the abandoned property released upon posting with
the court a cash or surety bond or other adequate security equal to the
amount of the charges for towing and storage to ensure the payment of
such charges in the event he does not prevail. Upon the posting of the
bond and the payment of the applicable fees, the court shall issue an
order notifying the towing company of the posting of the bond and
directing the towing company to release the abandoned property. At the
time of such release, after reasonable inspection, the owner or
lienholder shall give a receipt to the towing company reciting any claims
for loss or damage to the abandoned property or the contents thereof.

(3) Upon determining the respective rights of the parties, the final
order of the court shall provide for immediate payment in full of
recovery, towing, and storage fees by the abandoned property owner or
lienholder or the owner, lessee, or agent thereof of the real property
from which the abandoned property was removed.

6. A towing and storage lien shall be enforced as provided in subsection
7 of this section.

7. Thirty days after the notification form has been mailed to the
abandoned property owner and holder of a security agreement and the
property is unredeemed and no satisfactory arrangement has been made with
the lienholder in possession for continued storage, and the owner or
holder of a security agreement has not requested a hearing as provided in
subsection 5 of this section, the lienholder in possession may apply to
the director of revenue for a certificate. The application for title
shall be accompanied by:

(1) An affidavit from the lienholder in possession that he has been in
possession of the abandoned property for at least thirty days and the
owner of the abandoned property or holder of a security agreement has not
made arrangements for payment of towing and storage charges;

(2) An affidavit that the lienholder in possession has not been notified
of any application for hearing as provided in this section;

(3) A copy of the abandoned property report or crime inquiry and
inspection report;

(4) A copy of the thirty-day notice given by certified mail to any owner
and person holding a valid security interest and a copy of the certified
mail receipt indicating that the owner and lienholder of record was sent
a notice as required in this section; and

(5) A copy of the envelope or mailing container showing the address and
postal markings indicating that the notice was "not forwardable" or
"address unknown".

8. If notice to the owner and holder of a security agreement has been
returned marked "not forwardable" or "addressee unknown", the lienholder
in possession shall comply with subsection 3 of this section.

9. Any municipality or county may adopt an ordinance regulating the
removal and sale of abandoned property provided such ordinance is
consistent with sections 304.155 to 304.158, and, for a home rule city
with more than four hundred thousand inhabitants and located in more than
one county, includes the following provisions:

(1) That the department of revenue records must be searched to determine
the registered owner or lienholder of the abandoned property;

(2) That if a registered owner or lienholder is disclosed in the records,
that the owner and lienholder or owner or lienholder are mailed a notice
by the governmental agency, by U.S. mail, advising of the towing and
impoundment;

(3) That if the vehicle is older than six years and more than fifty
percent damaged by collision, fire, or decay, and has a fair market value
of less than two hundred dollars as determined by using any nationally
recognized appraisal book or method, it must be held no less than ten
days after the notice is sent pursuant to this subsection before being
sold to a licensed salvage or scrap business; provided however where a
title is required under this chapter an affidavit from a certified
appraiser attesting that the value of the vehicle is less than two
hundred dollars;

(4) That all other vehicles must be held no less than thirty days after
the notice is sent pursuant to this subsection before they may be sold.

10. Any municipality or county which has physical possession of the
abandoned property and which sells abandoned property in accordance with
a local ordinance may transfer ownership by means of a bill of sale
signed by the municipal or county clerk or deputy and sealed with the
official municipal or county seal. Such bill of sale shall contain the
make and model of the abandoned property, the complete abandoned property
identification number and the odometer reading of the abandoned property
if available and shall be lawful proof of ownership for any dealer
registered under the provisions of section 301.218, RSMo, or section
301.560, RSMo, or for any other person. Any dealer or other person
purchasing such property from a municipality or county shall apply within
thirty days of purchase for a certificate. Anyone convicted of a
violation of this section shall be guilty of an infraction.

11. Any persons who have towed abandoned property prior to August 28,
1996, may, until January 1, 2000, apply to the department of revenue for
a certificate. The application shall be accompanied by:

(1) A notarized affidavit explaining the circumstances by which the
abandoned property came into their possession, including the name of the
owner or possessor of real property from which the abandoned property was
removed;

(2) The date of the removal;

(3) The current location of the abandoned property;

(4) An inspection of the abandoned property as prescribed by the
director; and

(5) A copy of the thirty-day notice given by certified mail to any owner
and person holding a valid security interest of record and a copy of the
certified mail receipt.

12. If the director is satisfied with the genuineness of the application
and supporting documents submitted pursuant to this section, the director
shall issue one of the following:

(1) An original certificate of title if the vehicle owner has obtained a
vehicle examination certificate as provided in section 301.190, RSMo,
which indicates that the vehicle was not previously in a salvaged
condition or rebuilt;

(2) An original certificate of title designated as prior salvage if the
vehicle examination certificate as provided in section 301.190, RSMo,
indicates the vehicle was previously in a salvage condition or rebuilt;

(3) A salvage certificate of title designated with the words
"salvage/abandoned property" or junking certificate based on the
condition of the abandoned property as stated in the abandoned property
report or crime inquiry and inspection report;

(4) Notwithstanding the provisions of section 301.573, RSMo, to the
contrary, if satisfied with the genuineness of the application and
supporting documents, the director shall issue an original title to
abandoned property previously issued a salvage title as provided in this
section, if the vehicle examination certificate as provided in section
301.190, RSMo, does not indicate the abandoned property was previously in
a salvage condition or rebuilt.

13. If abandoned property is insured and the insurer of property regards
the property as a total loss and the insurer satisfies a claim by the
owner for the property, then the insurer or lienholder shall claim and
remove the property from the storage facility or make arrangements to
transfer the title, and such transfer of title subject to agreement shall
be in complete satisfaction of all claims for towing and storage, to the
towing company or storage facility. The owner of the abandoned vehicle,
lienholder or insurer, to the extent the vehicle owner's insurance policy
covers towing and storage charges, shall pay reasonable fees assessed by
the towing company and storage facility. The property shall be claimed
and removed or title transferred to the towing company or storage
facility within thirty days of the date that the insurer paid a claim for
the total loss of the property or is notified as to the location of the
abandoned property, whichever is the later event. Upon request, the
insurer of the property shall supply the towing company and storage
facility with the name, address and phone number of the insurance company
and of the insured and with a statement regarding which party is
responsible for the payment of towing and storage charges under the
insurance policy. (L. 1996 S.B. 560, A.L. 1999 S.B. 19, A.L. 2004 H.B.
996 and H.B. 1142 and H.B. 1201 and H.B. 1489)

*This section was amended by both H.B. 996, et al., and S.B. 1233, et al.
during the Second Regular Session of the 92nd General Assembly, 2004. Due
to possible conflict, both versions are printed here.

1. Within five working days of receipt of the crime inquiry and
inspection report under section 304.155 or the abandoned property report
under section 304.157, the director of revenue shall search the records
of the department of revenue, or initiate an inquiry with another state,
if the evidence presented indicated the abandoned property was registered
or titled in another state, to determine the name and address of the
owner and lienholder, if any. After ascertaining the name and address of
the owner and lienholder, if any, the department shall, within fifteen
working days, notify the towing company. Any towing company which comes
into possession of abandoned property pursuant to section 304.155 or
304.157 and who claims a lien for recovering, towing or storing abandoned
property shall give notice to the title owner and to all persons claiming
a lien thereon, as disclosed by the records of the department of revenue
or of a corresponding agency in any other state. The towing company shall
notify the owner and any lienholder within ten business days of the date
of mailing indicated on the notice sent by the department of revenue, by
certified mail, return receipt requested. The notice shall contain the
following:

(1) The name, address and telephone number of the storage facility;

(2) The date, reason and place from which the abandoned property was
removed;

(3) A statement that the amount of the accrued towing, storage and
administrative costs are the responsibility of the owner, and that
storage and/or administrative costs will continue to accrue as a legal
liability of the owner until the abandoned property is redeemed;

(4) A statement that the storage firm claims a possessory lien for all
such charges;

(5) A statement that the owner or holder of a valid security interest of
record may retake possession of the abandoned property at any time during
business hours by proving ownership or rights to a secured interest and
paying all towing and storage charges;

(6) A statement that, should the owner consider that the towing or
removal was improper or not legally justified, the owner has a right to
request a hearing as provided in this section to contest the propriety of
such towing or removal;

(7) A statement that if the abandoned property remains unclaimed for
thirty days from the date of mailing the notice, title to the abandoned
property will be transferred to the person or firm in possession of the
abandoned property free of all prior liens; and

(8) A statement that any charges in excess of the value of the abandoned
property at the time of such transfer shall remain a liability of the
owner.

2. A towing company may only assess reasonable storage charges for
abandoned property towed without the consent of the owner. Reasonable
storage charges shall not exceed the charges for vehicles which have been
towed with the consent of the owner on a negotiated basis. Storage
charges may be assessed only for the time in which the towing company
complies with the procedural requirements of sections 304.155 to 304.158.

3. In the event that the records of the department of revenue fail to
disclose the name of the owner or any lienholder of record, the
department shall notify the towing company which shall attempt to locate
documents or other evidence of ownership on or within the abandoned
property itself. The towing company must certify that a physical search
of the abandoned property disclosed that no ownership documents were
found and a good faith effort has been made. For purposes of this
section, "good faith effort" means that the following checks have been
performed by the company to establish the prior state of registration and
title:

(1) Check of the abandoned property for any type of license plates,
license plate record, temporary permit, inspection sticker, decal or
other evidence which may indicate a state of possible registration and
title;

(2) Check the law enforcement report for a license plate number or
registration number if the abandoned property was towed at the request of
a law enforcement agency;

(3) Check the tow ticket/report of the tow truck operator to see if a
license plate was on the abandoned property at the beginning of the tow,
if a private tow; and

(4) If there is no address of the owner on the impound report, check the
law enforcement report to see if an out-of-state address is indicated on
the driver license information.

4. If no ownership information is discovered, the director of revenue
shall be notified in writing and title obtained in accordance with
subsection 7 of this section.

5. (1) The owner of the abandoned property removed pursuant to the
provisions of section 304.155 or 304.157 or any person claiming a lien,
other than the towing company, within ten days after the receipt of
notification from the towing company pursuant to subsection 1 of this
section may file a petition in the associate circuit court in the county
where the abandoned property is stored to determine if the abandoned
property was wrongfully taken or withheld from the owner. The petition
shall name the towing company among the defendants. The petition may also
name the agency ordering the tow or the owner, lessee or agent of the
real property from which the abandoned property was removed. The director
of revenue shall not be a party to such petition but a copy of the
petition shall be served on the director of revenue who shall not issue
title to such abandoned property pursuant to this section until the
petition is finally decided.

(2) Upon filing of a petition in the associate circuit court, the owner
or lienholder may have the abandoned property released upon posting with
the court a cash or surety bond or other adequate security equal to the
amount of the charges for towing and storage to ensure the payment of
such charges in the event he does not prevail. Upon the posting of the
bond and the payment of the applicable fees, the court shall issue an
order notifying the towing company of the posting of the bond and
directing the towing company to release the abandoned property. At the
time of such release, after reasonable inspection, the owner or
lienholder shall give a receipt to the towing company reciting any claims
for loss or damage to the abandoned property or the contents thereof.

(3) Upon determining the respective rights of the parties, the final
order of the court shall provide for immediate payment in full of
recovery, towing, and storage fees by the abandoned property owner or
lienholder or the owner, lessee, or agent thereof of the real property
from which the abandoned property was removed.

6. A towing and storage lien shall be enforced as provided in subsection
7 of this section.

7. Thirty days after the notification form has been mailed to the
abandoned property owner and holder of a security agreement and the
property is unredeemed and no satisfactory arrangement has been made with
the lienholder in possession for continued storage, and the owner or
holder of a security agreement has not requested a hearing as provided in
subsection 5 of this section, the lienholder in possession may apply to
the director of revenue for a certificate. The application for title
shall be accompanied by:

(1) An affidavit from the lienholder in possession that he has been in
possession of the abandoned property for at least thirty days and the
owner of the abandoned property or holder of a security agreement has not
made arrangements for payment of towing and storage charges;

(2) An affidavit that the lienholder in possession has not been notified
of any application for hearing as provided in this section;

(3) A copy of the abandoned property report or crime inquiry and
inspection report;

(4) A copy of the thirty-day notice given by certified mail to any owner
and person holding a valid security interest and a copy of the certified
mail receipt indicating that the owner and lienholder of record was sent
a notice as required in this section; and

(5) A copy of the envelope or mailing container showing the address and
postal markings indicating that the notice was "not forwardable" or
"address unknown".

8. If notice to the owner and holder of a security agreement has been
returned marked "not forwardable" or "addressee unknown", the lienholder
in possession shall comply with subsection 3 of this section.

9. Any municipality or county may adopt an ordinance regulating the
removal and sale of abandoned property provided such ordinance is
consistent with sections 304.155 to 304.158, and, for a home rule city
with more than four hundred thousand inhabitants and located in more than
one county, includes the following provisions:

(1) That the department of revenue records must be searched to determine
the registered owner or lienholder of the abandoned property;

(2) That if a registered owner or lienholder is disclosed in the records,
that the owner and lienholder or owner or lienholder are mailed a notice
by the local governmental agency, by U.S. mail, advising of the towing
and impoundment;

(3) That if the vehicle is older than six years and more than fifty
percent damaged by collision, fire, or decay, and has a fair market value
of less than two hundred dollars as determined by using any nationally
recognized appraisal book or method, it must be held no less than ten
days after the notice is sent pursuant to this section before being sold
to a licensed salvage or scrap business; provided however where a title
is required under this chapter an affidavit from a certified appraiser
attesting that the value of the vehicle is less than two hundred dollars;

(4) That all other vehicles must be held no less than thirty days after
the notice is sent pursuant to this subsection before they may be sold.

10. Any municipality or county which has physical possession of the
abandoned property and which sells abandoned property in accordance with
a local ordinance may transfer ownership by means of a bill of sale
signed by the municipal or county clerk or deputy and sealed with the
official municipal or county seal. Such bill of sale shall contain the
make and model of the abandoned property, the complete abandoned property
identification number and the odometer reading of the abandoned property
if available and shall be lawful proof of ownership for any dealer
registered under the provisions of section 301.218, RSMo, or section
301.560, RSMo, or for any other person. Any dealer or other person
purchasing such property from a municipality or county shall apply within
thirty days of purchase for a certificate. Anyone convicted of a
violation of this section shall be guilty of an infraction.

11. Any persons who have towed abandoned property prior to August 28,
1996, may, until January 1, 2000, apply to the department of revenue for
a certificate. The application shall be accompanied by:

(1) A notarized affidavit explaining the circumstances by which the
abandoned property came into their possession, including the name of the
owner or possessor of real property from which the abandoned property was
removed;

(2) The date of the removal;

(3) The current location of the abandoned property;

(4) An inspection of the abandoned property as prescribed by the
director; and

(5) A copy of the thirty-day notice given by certified mail to any owner
and person holding a valid security interest of record and a copy of the
certified mail receipt.

12. If the director is satisfied with the genuineness of the application
and supporting documents submitted pursuant to this section, the director
shall issue one of the following:

(1) An original certificate of title if the vehicle owner has obtained a
vehicle examination certificate as provided in section 301.190, RSMo,
which indicates that the vehicle was not previously in a salvaged
condition or rebuilt;

(2) An original certificate of title designated as prior salvage if the
vehicle examination certificate as provided in section 301.190, RSMo,
indicates the vehicle was previously in a salvage condition or rebuilt;

(3) A salvage certificate of title designated with the words
"salvage/abandoned property" or junking certificate based on the
condition of the abandoned property as stated in the abandoned property
report or crime inquiry and inspection report;

(4) Notwithstanding the provisions of section 301.573, RSMo, to the
contrary, if satisfied with the genuineness of the application and
supporting documents, the director shall issue an original title to
abandoned property previously issued a salvage title as provided in this
section, if the vehicle examination certificate as provided in section
301.190, RSMo, does not indicate the abandoned property was previously in
a salvage condition or rebuilt.

13. If abandoned property is insured and the insurer of property regards
the property as a total loss and the insurer satisfies a claim by the
owner for the property, then the insurer or lienholder shall claim and
remove the property from the storage facility or make arrangements to
transfer the title, and such transfer of title subject to agreement shall
be in complete satisfaction of all claims for towing and storage, to the
towing company or storage facility. The owner of the abandoned vehicle,
lienholder or insurer, to the extent the vehicle owner's insurance policy
covers towing and storage charges, shall pay reasonable fees assessed by
the towing company and storage facility. The property shall be claimed
and removed or title transferred to the towing company or storage
facility within thirty days of the date that the insurer paid a claim for
the total loss of the property or is notified as to the location of the
abandoned property, whichever is the later event. Upon request, the
insurer of the property shall supply the towing company and storage
facility with the name, address and phone number of the insurance company
and of the insured and with a statement regarding which party is
responsible for the payment of towing and storage charges under the
insurance policy. (L. 1996 S.B. 560, A.L. 1999 S.B. 19, A.L. 2004 S.B.
1233, et al.)

Effective 1-1-05

*This section was amended by both H.B. 996 and S.B. 1233, et al. during
the second regular session of the 92nd General Assembly, 2004. Due to
possible conflict, both versions appear here.

1. If a person abandons property, as defined in section 304.001,
on any real property owned by another without the consent of the owner or
person in possession of the property, at the request of the person in
possession of the real property, any member of the state highway patrol,
state water patrol, sheriff, or other law enforcement officer within his
jurisdiction may authorize a towing company to remove such abandoned
property from the property in the following circumstances:

(1) The abandoned property is left unattended for more than forty-eight
hours; or

(2) In the judgment of a law enforcement officer, the abandoned property
constitutes a safety hazard or unreasonably interferes with the use of
the real property by the person in possession.

2. A local government agency may also provide for the towing of motor
vehicles from real property under the authority of any local ordinance
providing for the towing of vehicles which are derelict, junk, scrapped,
disassembled or otherwise harmful to the public health under the terms of
the ordinance. Any local government agency authorizing a tow under this
subsection shall report the tow to the local law enforcement agency
within two hours with a crime inquiry and inspection report pursuant to
section 304.155.

3. Neither the law enforcement officer, local government agency nor
anyone having custody of abandoned property under his or her direction
shall be liable for any damage to such abandoned property occasioned by a
removal authorized by this section other than damages occasioned by
negligence or by willful or wanton acts or omissions.

4. The owner of real property or lessee in lawful possession of the real
property or the property or security manager of the real property may
authorize a towing company to remove abandoned property or property
parked in a restricted or assigned area without authorization by a law
enforcement officer only when the owner, lessee or property or security
manager of the real property is present. A property or security manager
must be a full-time employee of a business entity. An authorization to
tow pursuant to this subsection may be made only under any of the
following circumstances:

(1) There is displayed, in plain view at all entrances to the property, a
sign not less than seventeen by twenty-two inches in size, with lettering
not less than one inch in height, prohibiting public parking and
indicating that unauthorized abandoned property or property parked in a
restricted or assigned area will be removed at the owner's expense,
disclosing the maximum fee for all charges related to towing and storage,
and containing the telephone number of the local traffic law enforcement
agency where information can be obtained or a twenty-four-hour staffed
emergency information telephone number by which the owner of the
abandoned property or property parked in a restricted or assigned area
may call to receive information regarding the location of such owner's
property;

(2) The abandoned property is left unattended on owner-occupied
residential property with four residential units or less, and the owner,
lessee or agent of the real property in lawful possession has notified
the appropriate law enforcement agency, and ten hours have elapsed since
that notification; or

(3) The abandoned property is left unattended on private property, and
the owner, lessee or agent of the real property in lawful possession of
real property has notified the appropriate law enforcement agency, and
ninety-six hours have elapsed since that notification.

5. Pursuant to this section, any owner or lessee in lawful possession of
real property that requests a towing company to tow abandoned property
without authorization from a law enforcement officer shall at that time
complete an abandoned property report which shall be considered a legal
declaration subject to criminal penalty pursuant to section 575.060,
RSMo. The report shall be in the form designed, printed and distributed
by the director of revenue and shall contain the following:

(1) The year, model, make and abandoned property identification number of
the property and the owner and any lienholders, if known;

(2) A description of any damage to the abandoned property noted by owner,
lessee or property or security manager in possession of the real property;

(3) The license plate or registration number and the state of issuance,
if available;

(4) The physical location of the property and the reason for requesting
the property to be towed;

(5) The date the report is completed;

(6) The printed name, address and phone number of the owner, lessee or
property or security manager in possession of the real property;

(7) The towing company's name and address;

(8) The signature of the towing operator;

(9) The signature of the owner, lessee or property or security manager
attesting to the facts that the property has been abandoned for the time
required by this section and that all statements on the report are true
and correct to the best of the person's knowledge and belief and that the
person is subject to the penalties for making false statements;

(10) Space for the name of the law enforcement agency notified of the
towing of the abandoned property and for the signature of the law
enforcement official receiving the report; and

(11) Any additional information the director of revenue deems appropriate.

6. Any towing company which tows abandoned property without authorization
from a law enforcement officer pursuant to subsection 4 of this section
shall deliver a copy of the abandoned property report to the local law
enforcement agency having jurisdiction over the location from which the
abandoned property was towed. The copy may be produced and sent by
facsimile machine or other device which produces a near exact likeness of
the print and signatures required, but only if the law enforcement agency
receiving the report has the technological capability of receiving such
copy and has registered the towing company for such purpose. The
registration requirements shall not apply to law enforcement agencies
located in counties of the third or fourth classification. The report
shall be delivered within two hours if the tow was made from a signed
location pursuant to subdivision (1) of subsection 4 of this section,
otherwise the report shall be delivered within twenty-four hours.

7. The law enforcement agency receiving such abandoned property report
must record the date on which the abandoned property report is filed with
such agency and shall promptly make an inquiry into the national crime
information center and any statewide Missouri law enforcement computer
system to determine if the abandoned property has been reported as
stolen. The law enforcement agency shall enter the information pertaining
to the towed property into the statewide law enforcement computer system,
and an officer shall sign the abandoned property report and provide the
towing company with a signed copy. The department of revenue may design
and sell to towing companies informational brochures outlining owner or
lessee of real property obligations pursuant to this section.

8. The law enforcement agency receiving notification that abandoned
property has been towed by a towing company shall search the records of
the department of revenue and provide the towing company with the latest
owner and lienholder information on the abandoned property, and if the
tower has online access to the department of revenue's records, the tower
shall comply with the requirements of section 301.155, RSMo. If the
abandoned property is not claimed within ten working days, the towing
company shall send a copy of the abandoned property report signed by a
law enforcement officer to the department of revenue.

9. If any owner or lessee of real property knowingly authorizes the
removal of abandoned property in violation of this section, then the
owner or lessee shall be deemed guilty of a class C misdemeanor. (L. 1982
S.B. 665, A.L. 1985 H.B. 288, et al., A.L. 1992 H.B. 1794, A.L. 1996 S.B.
560, A.L. 1999 S.B. 17 and S.B. 19, A.L. 2003 S.B. 314, A.L. 2004 S.B.
1233, et al.)

Effective 1-1-05

1. Notice as to the removal of any abandoned property pursuant
to section 304.155 or 304.157 shall be made in writing within five
working days to the registered owner and any lienholder of the fact of
the removal, the grounds for the removal, and the place to which the
property has been removed by either:

(1) The public agency authorizing the removal; or

(2) The towing company, where authorization was made by an owner or
lessee of real property.

If the abandoned property is stored in any storage facility, a copy of
the notice shall be given to the operator of the facility. The notice
provided for in this section shall include the amount of mileage, if
available, shown on the abandoned property at the time of removal.

2. Any owner of any private real property causing the removal of
abandoned property from that real property shall state the grounds for
the removal of the abandoned property if requested by the registered
owner of that abandoned property. Any towing company that lawfully
removes abandoned property from private property with the written
authorization of the property owner or the property owner's agent who is
present at the time of removal shall not be held responsible in any
situation relating to the validity of the removal. Any towing company
that removes abandoned property at the direction of the landowner shall
be responsible for:

(1) Any damage caused by the towing company to the property in the
transit and subsequent storage of the property; and

(2) The removal of property other than the property specified by the
owner of the private property from which the abandoned property was
removed.

3. The owner of abandoned property removed from private property may
recover for any damage to the property resulting from any act of any
person causing the removal of, or removing, the abandoned property.

4. Any owner of any private property causing the removal of abandoned
property parked on that property is liable to the owner of the abandoned
property for double the storage or towing charges whenever there has been
a failure to comply with the requirements of this section or section
304.157.

5. Any towing company which tows abandoned property for hire shall have
the towing company's name, city and state clearly printed in letters at
least three inches in height on the sides of the truck, wrecker or other
vehicle used in the towing.

6. A towing company may impose a charge of not more than one-half of the
regular towing charge for the towing of abandoned property at the request
of the owner of private property or that owner's agent pursuant to this
section if the owner of the abandoned property or the owner's agent
returns to the abandoned property before it is removed from the private
property. The regular towing charge may only be imposed after the
abandoned property has been removed from the property and is in transit.

7. Persons operating or in charge of any storage facility where the
abandoned property is stored pursuant to this section shall accept cash
for payment of towing and storage by a registered owner or the owner's
agent claiming the abandoned property. In addition, persons operating or
in charge of the storage facility shall have sufficient moneys on the
premises to accommodate, and make change in, a reasonable monetary
transaction.

8. Except for the removal of abandoned property authorized by a law
enforcement agency pursuant to section 304.157, a towing company shall
not remove or commence the removal of abandoned property from private
property without first obtaining written authorization from the property
owner. All written authorizations shall be maintained for at least one
year by the towing company. General authorization to remove or commence
removal of abandoned property at the towing company's discretion shall
not be delegated to a towing company or its affiliates except in the case
of abandoned property unlawfully parked within fifteen feet of a fire
hydrant or in a fire lane designated by a fire department or the state
fire marshal.

9. Any towing company, or any affiliate of a towing company, which
removes, or commences removal of, abandoned property from private
property without first obtaining written authorization from the property
owner or lessee, or an employee or agent thereof, who is present at the
time of removal or commencement of the removal, except as permitted in
subsection 8 of this section, is liable to the owner of the property for
four times the amount of the towing and storage charges, in addition to
any applicable criminal penalty, for a violation of this section.

10. Any county, city, town or village may enact ordinances or orders
which are consistent with sections 304.155 to 304.158 and which may
specify maximum reasonable towing, storage and other charges which can be
imposed by towing and storage companies operating within the governmental
entity's jurisdiction.

11. Any person who knowingly violates any provision of sections 304.155
to 304.158 shall be guilty of a class A misdemeanor. Any violation of the
provisions of this section shall constitute a violation of the provisions
of section 407.020, RSMo. In any proceeding brought by the attorney
general for a violation of the provisions of this section, the court may,
in addition to imposing the penalties provided for in this section order
the revocation or suspension of the registration or license of the towing
company. (L. 1996 S.B. 560, A.L. 1999 S.B. 19)

Any city, town or village within this state may prohibit, by
ordinance, the storage of inoperable vehicles or other vehicles deemed by
such city, town or village to constitute a public safety hazard. Nothing
in this section shall apply to a vehicle which is completely enclosed
within a locked building or locked fenced area and not visible from
adjacent public or private property, nor to any vehicle upon the property
of a business licensed as salvage, swap, junk dealer, towing or storage
facility so long as the business is operated in compliance with its
business license and the property is in compliance with applicable zoning
ordinances. (L. 1999 S.B. 19)

1. Any person who has purposely, accidentally, or by reason of
an accident, dropped any tacks, nails, wire, scrap metal, glass,
crockery, sharp stones, or other substances injurious to the feet of
persons or animals, or to the tires or wheels of vehicles, including
motor vehicles, upon any highway shall immediately make all reasonable
efforts to clear the highway of the substances.

2. Violation of this section shall be deemed a class C misdemeanor. (RSMo
1939 § 8401, A. 1949 S.B. 1113, A.L. 1961 p. 496, A.L. 1996 H.B. 1047)

Prior revision: 1929 § 7783

1. No vehicle operated upon the highways of this state shall
have a width, including load, in excess of ninety-six inches, except
clearance lights, rearview mirrors or other accessories required by
federal, state or city law or regulation; except that, vehicles having a
width, including load, not in excess of one hundred two inches, exclusive
of clearance lights, rearview mirrors or other accessories required by
law or regulations, may be operated on the interstate highways and such
other highways as may be designated by the highways and transportation
commission for the operation of such vehicles plus a distance not to
exceed ten miles from such interstate or designated highway. Provided
however, a recreational vehicle as defined in section 700.010, RSMo, may
exceed the foregoing width limits if the appurtenances on such
recreational vehicle extend no further than the rearview mirrors. Such
mirrors may only extend the distance necessary to provide the required
field of view before the appurtenances were attached.

2. No vehicle operated upon the interstate highway system or upon any
route designated by the chief engineer of the state transportation
department shall have a height, including load, in excess of fourteen
feet. On all other highways, no vehicle shall have a height, including
load, in excess of thirteen and one-half feet, except that any vehicle or
combination of vehicles transporting automobiles or other motor vehicles
may have a height, including load, of not more than fourteen feet.

3. No single motor vehicle operated upon the highways of this state shall
have a length, including load, in excess of forty-five feet, except as
otherwise provided in this section.

4. No bus, recreational motor vehicle or trackless trolley coach operated
upon the highways of this state shall have a length in excess of
forty-five feet, except that such vehicles may exceed the forty-five feet
length when such excess length is caused by the projection of a front
safety bumper or a rear safety bumper or both. Such safety bumper shall
not cause the length of the bus or recreational motor vehicle to exceed
the forty-five feet length limit by more than one foot in the front and
one foot in the rear. The term "safety bumper" means any device which may
be fitted on an existing bumper or which replaces the bumper and is so
constructed, treated, or manufactured that it absorbs energy upon impact.

5. No combination of truck-tractor and semitrailer or truck-tractor
equipped with dromedary and semitrailer operated upon the highways of
this state shall have a length, including load, in excess of sixty feet;
except that in order to comply with the provisions of Title 23 of the
United States Code (Public Law 97-424), no combination of truck-tractor
and semitrailer or truck-tractor equipped with dromedary and semitrailer
operated upon the interstate highway system of this state shall have an
overall length, including load, in excess of the length of the
truck-tractor plus the semitrailer or truck-tractor equipped with
dromedary and semitrailer. The length of such semitrailer shall not
exceed fifty-three feet.

6. In order to comply with the provisions of Title 23 of the United
States Code (Public Law 97-424), no combination of truck-tractor,
semitrailer and trailer operated upon the interstate highway system of
this state shall have an overall length, including load, in excess of the
length of the truck-tractor plus the semitrailer and trailer, neither of
which semitrailer or trailer shall exceed twenty-eight feet in length,
except that any existing semitrailer or trailer up to twenty-eight and
one-half feet in length actually and lawfully operated on December 1,
1982, within a sixty-five foot overall length limit in any state, may
continue to be operated upon the interstate highways of this state. On
those primary highways not designated by the state highways and
transportation commission as provided in subsection 10 of this section,
no combination of truck-tractor, semitrailer and trailer shall have an
overall length, including load, in excess of sixty-five feet; provided,
however, the state highways and transportation commission may designate
additional routes for such sixty-five foot combinations.

7. Automobile transporters, boat transporters, truck-trailer boat
transporter combinations, stinger-steered combination automobile
transporters and stinger-steered combination boat transporters having a
length not in excess of seventy-five feet may be operated on the
interstate highways of this state and such other highways as may be
designated by the highways and transportation commission for the
operation of such vehicles plus a distance not to exceed ten miles from
such interstate or designated highway. All length provisions regarding
automobile or boat transporters, truck-trailer boat transporter
combinations and stinger-steered combinations shall include a semitrailer
length not to exceed fifty-three feet and are exclusive of front and rear
overhang, which shall be no greater than a three-foot front overhang and
no greater than a four-foot rear overhang.

8. Driveaway saddlemount combinations having a length not in excess of
seventy-five feet may be operated on the interstate highways of this
state and such other highways as may be designated by the highways and
transportation commission for the operation of such vehicles plus a
distance not to exceed ten miles from such interstate or designated
highway. Saddlemount combinations must comply with the safety
requirements of Section 393.71 of Title 49 of the Code of Federal
Regulations and may contain no more than three saddlemounted vehicles and
one fullmount.

9. No truck-tractor semitrailer-semitrailer combination vehicles operated
upon the interstate and designated primary highway system of this state
shall have a semitrailer length in excess of twenty-eight feet or
twenty-eight and one-half feet if the semitrailer was in actual and
lawful operation in any state on December 1, 1982, operating in a
truck-tractor semitrailer-semitrailer combination. The B-train assembly
is excluded from the measurement of semitrailer length when used between
the first and second semitrailer of a truck-tractor
semitrailer-semitrailer combination, except that when there is no
semitrailer mounted to the B-train assembly, it shall be included in the
length measurement of the semitrailer.

10. The highways and transportation commission is authorized to designate
routes on the state highway system other than the interstate system over
which those combinations of vehicles of the lengths specified in
subsections 5, 6, 7, 8 and 9 of this section may be operated.
Combinations of vehicles operated under the provisions of subsections 5,
6, 7, 8 and 9 of this section may be operated at a distance not to exceed
ten miles from the interstate system and such routes as designated under
the provisions of this subsection.

11. Except as provided in subsections 5, 6, 7, 8, 9 and 10 of this
section, no other combination of vehicles operated upon the primary or
interstate highways of this state plus a distance of ten miles from a
primary or interstate highway shall have an overall length, unladen or
with load, in excess of sixty-five feet or in excess of fifty-five feet
on any other highway, except the state highways and transportation
commission may designate additional routes for use by sixty-five foot
combinations, seventy-five foot stinger-steered combinations or
seventy-five foot saddlemount combinations. Any vehicle or combination of
vehicles transporting automobiles, boats or other motor vehicles may
carry a load which extends no more than three feet beyond the front and
four feet beyond the rear of the transporting vehicle or combination of
vehicles.

12. (1) Except as hereinafter provided, these restrictions shall not
apply to agricultural implements operating occasionally on the highways
for short distances, or to self-propelled hay-hauling equipment or to
implements of husbandry, or to the movement of farm products as defined
in section 400.9-109, RSMo, or to vehicles temporarily transporting
agricultural implements or implements of husbandry or roadmaking
machinery, or road materials or towing for repair purposes vehicles that
have become disabled upon the highways; or to implement dealers
delivering or moving farm machinery for repairs on any state highway
other than the interstate system.

(2) Implements of husbandry and vehicles transporting such machinery or
equipment and the movement of farm products as defined in section
400.9.109, RSMo, may be operated occasionally for short distances on
state highways when operated between the hours of sunrise and sunset by a
driver licensed as an operator or chauffeur.

13. As used in this chapter the term "implements of husbandry" means all
self-propelled machinery operated at speeds of less than thirty miles per
hour, specifically designed for, or especially adapted to be capable of,
incidental over-the-road and primary offroad usage and used exclusively
for the application of commercial plant food materials or agricultural
chemicals, and not specifically designed or intended for transportation
of such chemicals and materials.

14. The purpose of this section is to permit a single trip per day by the
implement of husbandry from the source of supply to a given farm.

15. Sludge disposal units may be operated on all state highways other
than the interstate system. Such units shall not exceed one hundred
thirty-eight inches in width and may be equipped with over-width tires.
Such units shall observe all axle weight limits. The chief engineer of
the state transportation department shall issue special permits for the
movement of such disposal units and may by such permits restrict the
movements to specified routes, days and hours. (RSMo 1939 § 8405, A.L.
1943 p. 663, A. 1949 S.B. 1113, A.L. 1953 p. 568, A.L. 1957 p. 624, A.L.
1965 p. 488, A.L. 1967 p. 412, A.L. 1971 S.B. 317, A.L. 1972 H.B. 1112,
A.L. 1974 S.B. 552, A.L. 1979 S.B. 44, A.L. 1980 S.B. 508, A.L. 1983 H.B.
539, A.L. 1985 S.B. 416, A.L. 1986 S.B. 784, A.L. 1988 S.B. 686, A.L.
1992 H.B. 1794, A.L. 1999 S.B. 17 merged with S.B. 19, A.L. 2000 H.B.
1142 merged with H.B. 1948, A.L. 2004 S.B. 1233, et al.)

Prior revision: 1929 § 7787

(1960) City ordinance, to the extent that it prohibits vehicles with
lengths over 33 feet on specified street is invalid as conflicting with
section 304.170. City of St. Louis v. Stenson (A.), 333 S.W.2d 529.

The provisions of sections 304.170 to 304.240 relating to
height, width, weight, length and load restrictions for motor vehicles
shall not apply to any motor vehicle and its attached apparatus which is
designed for use and used by a fire department, fire protection district
or volunteer fire protection association or when being operated by a fire
apparatus manufacturer or sales organization for the purpose of sale,
demonstration, exhibit, or delivery to a fire department, fire protection
district or volunteer fire protection association. (L. 1989 S.B. 55, A.L.
1995 S.B. 70)

The provisions of sections 304.170 to 304.240 relating to
height, width, weight, length and load restrictions for motor vehicles
shall not apply to any wrecker or tow truck performing a wrecker or
towing service, as defined in section 301.010, RSMo. If a disabled or
wrecked vehicle cannot be moved by a wrecker or tow truck, a rollback or
car carrier, as defined in section 301.010, RSMo, may be used without
regard to such height, width, weight, length and load restrictions, if it
is a bona fide wrecker operator or owner. (L. 1992 H.B. 1794)

1. No vehicle or combination of vehicles shall be moved or
operated on any highway in this state having a greater weight than twenty
thousand pounds on one axle, no combination of vehicles operated by
transporters of general freight over regular routes as defined in section
390.020, RSMo, shall be moved or operated on any highway of this state
having a greater weight than the vehicle manufacturer's rating on a
steering axle with the maximum weight not to exceed twelve thousand
pounds on a steering axle, and no vehicle shall be moved or operated on
any state highway of this state having a greater weight than thirty-four
thousand pounds on any tandem axle; the term "tandem axle" shall mean a
group of two or more axles, arranged one behind another, the distance
between the extremes of which is more than forty inches and not more than
ninety-six inches apart.

2. An "axle load" is defined as the total load transmitted to the road by
all wheels whose centers are included between two parallel transverse
vertical planes forty inches apart, extending across the full width of
the vehicle.

3. Subject to the limit upon the weight imposed upon a highway of this
state through any one axle or on any tandem axle, the total gross weight
with load imposed by any group of two or more consecutive axles of any
vehicle or combination of vehicles shall not exceed the maximum load in
pounds as set forth in the following table:

Distance in feet between the extremes of any group of two or more
consecutive axles, measured to the nearest foot, except where indicated
otherwise

Maximum load in pounds feet 2 axles 3 axles 4 axles 5 axles 6 axles 4
34,000 5 34,000 6 34,000 7 34,000 8 34,000 34,000 More than 8 38,000
42,000 9 39,000 42,500 10 40,000 43,500 11 40,000 44,000 12 40,000 45,000
50,000 13 40,000 45,500 50,500 14 40,000 46,500 51,500 15 40,000 47,000
52,000 16 40,000 48,000 52,500 58,000 17 40,000 48,500 53,500 58,500 18
40,000 49,500 54,000 59,000 19 40,000 50,000 54,500 60,000 20 40,000
51,000 55,500 60,500 66,000 21 40,000 51,500 56,000 61,000 66,500 22
40,000 52,500 56,500 61,500 67,000 23 40,000 53,000 57,500 62,500 68,000
24 40,000 54,000 58,000 63,000 68,500 25 40,000 54,500 58,500 63,500
69,000 26 40,000 55,500 59,500 64,000 69,500 27 40,000 56,000 60,000
65,000 70,000 28 40,000 57,000 60,500 65,500 71,000 29 40,000 57,500
61,500 66,000 71,500 30 40,000 58,500 62,000 66,500 72,000 31 40,000
59,000 62,500 67,500 72,500 32 40,000 60,000 63,500 68,000 73,000 33
40,000 60,000 64,000 68,500 74,000 34 40,000 60,000 64,500 69,000 74,500
35 40,000 60,000 65,500 70,000 75,000 36 60,000 66,000 70,500 75,500 37
60,000 66,500 71,000 76,000 38 60,000 67,500 72,000 77,000 39 60,000
68,000 72,500 77,500 40 60,000 68,500 73,000 78,000 41 60,000 69,500
73,500 78,500 42 60,000 70,000 74,000 79,000 43 60,000 70,500 75,000
80,000 44 60,000 71,500 75,500 80,000 45 60,000 72,000 76,000 80,000 46
60,000 72,500 76,500 80,000 47 60,000 73,500 77,500 80,000 48 60,000
74,000 78,000 80,000 49 60,000 74,500 78,500 80,000 50 60,000 75,500
79,000 80,000 51 60,000 76,000 80,000 80,000 52 60,000 76,500 80,000
80,000 53 60,000 77,500 80,000 80,000 54 60,000 78,000 80,000 80,000 55
60,000 78,500 80,000 80,000 56 60,000 79,500 80,000 80,000 57 60,000
80,000 80,000 80,000

Notwithstanding the above table, two consecutive sets of tandem axles may
carry a gross load of thirty-four thousand pounds each if the overall
distance between the first and last axles of such consecutive sets of
tandem axles is thirty-six feet or more.

4. Whenever the state highways and transportation commission finds that
any state highway bridge in the state is in such a condition that use of
such bridge by vehicles of the weights specified in subsection 3 of this
section will endanger the bridge, or the users of the bridge, the
commission may establish maximum weight limits and speed limits for
vehicles using such bridge. The governing body of any city or county may
grant authority by act or ordinance to the state highways and
transportation commission to enact the limitations established in this
section on those roadways within the purview of such city or county.
Notice of the weight limits and speed limits established by the
commission shall be given by posting signs at a conspicuous place at each
end of any such bridge.

5. Nothing in this section shall be construed as permitting lawful axle
loads, tandem axle loads or gross loads in excess of those permitted
under the provisions of Section 127 of Title 23 of the United States Code.

6. Notwithstanding the weight limitations contained in this section, any
vehicle or combination of vehicles operating on highways other than the
interstate highway system may exceed single axle, tandem axle and gross
weight limitations in an amount not to exceed two thousand pounds.
However, total gross weight shall not exceed eighty thousand pounds.

7. Notwithstanding any provision of this section to the contrary, the
department of transportation shall issue a single-use special permit, or
upon request of the owner of the truck or equipment, shall issue an
annual permit, for the transporting of any concrete pump truck or
well-drillers' equipment. The department of transportation shall set fees
for the issuance of permits pursuant to this subsection. Notwithstanding
the provisions of section 301.133, RSMo, concrete pump trucks or
well-drillers' equipment may be operated on state-maintained roads and
highways at any time on any day. (RSMo 1939 § 8406, A.L. 1943 p. 663, A.
1949 S.B. 1113, A.L. 1951 p. 695, A.L. 1957 p. 624, A.L. 1963 p. 417,
A.L. 1965 p. 489, A.L. 1967 p. 412, A.L. 1983 H.B. 539, A.L. 1985 H.B.
157 merged with H.B. 330, A.L. 2000 H.B. 1948, A.L. 2001 S.B. 244)

Prior revision: 1929 § 7787

(1958) Conviction of defendant who operated a combination of vehicles
exclusively in St. Louis City for violation of gross weight limitations
imposed by this section upheld against contention that section does not
apply to vehicles operated exclusively in cities of 75,000 or more. Court
traced legislative history of the section and § 304.190. State v.
Chadeayne (A.), 313 S.W.2d 757. Reversed: 323 S.W.2d 680, the Supreme
Court holding that an intent to change § 304.190 in the 1951 reenactment
and to make this section applicable to the larger urban areas was not
apparent.

(1971) The single axle, tandem axle and gross weight limits specified in
§ 304.180, RSMo, are cumulative and each must be complied with. The state
is not required to establish either intent to violate the limits or
guilty knowledge of such violation to make a case. State v. Boze (A.),
472 S.W.2d 35.

The limitations on weight on axles established in section
304.180, do not apply to buses. No bus having a greater weight than
twenty thousand pounds on one axle or thirty-four thousand pounds on any
tandem axle shall be moved on or operated on any highway in this state.
The terms "axle" and "tandem axle" as used in this section shall have the
same meaning as is provided in section 304.180, for other vehicles. (L.
1977 S.B. 164 § 1)

Notwithstanding any other provision of law to the contrary, any
truck, tractor-trailer or other combination engaged in transporting solid
waste, as defined by section 260.200, RSMo, between any city and a solid
waste disposal area or solid waste processing facility approved by the
department of natural resources or department of health and senior
services, may operate with a weight not to exceed twenty-two thousand
four hundred pounds on one axle or a weight not to exceed forty-four
thousand eight hundred pounds on any tandem axle; but nothing in this
section shall be construed to permit the operation of any motor vehicle
on the interstate highway system in excess of the weight limits imposed
by federal statute; and no such truck, tractor-trailer or other
combination shall exceed the width and length limitations provided in
section 304.190. (L. 2005 H.B. 487 merged with S.B. 225)

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 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 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, 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 which
adjoins that city; further, provided, however, 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; except that this zone
shall extend from the southern border of such city's limits, beginning
with the western-most freeway, following said freeway south to the first
intersection with a multilane undivided highway, where the zone shall
extend south along said freeway to include a city of the fourth
classification with more than eight thousand nine hundred but less than
nine thousand inhabitants, and shall extend north from the intersection
of said freeway and multilane undivided highway along the multilane
undivided highway to the city limits of a city with a population of at
least four hundred thousand inhabitants but not more than four hundred
fifty thousand inhabitants. In no case shall the commercial zone of a
city be reduced due to a loss of population. 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. Nothing in this section shall prevent a city, county, or municipality,
by ordinance, from designating the routes over which such vehicles may be
operated. (RSMo 1939 § 8384, 8409, A. 1949 S.B. 1113, A.L. 1951 p. 695,
A.L. 1957 p. 624, A.L. 1965 p. 492, A.L. 1967 p. 415, A.L. 1971 S.B. 317,
A.L. 1983 H.B. 539, A.L. 1988 S.B. 663, A.L. 2004 S.B. 1233, et al.)

Prior revision: 1929 §§ 7776, 7791

(1958) This section and § 304.180 are in pari materia and must be
construed together. General gross weight limitations of § 304.180
applicable in cities of 75,000 inhabitants or more. State v. Chadeayne
(A.), 313 S.W.2d 757. Reversed: (Mo.), 323 S.W.2d 680 where it was held
that the 1951 reenactment of §304.190 applicable to the cities and area
covered by this section.

1. The chief engineer of the state department of transportation,
for good cause shown and when the public safety or public interest so
justifies, shall issue special permits for vehicles or equipment
exceeding the limitations on width, length, height and weight herein
specified, or which are unable to maintain minimum speed limits. Such
permits shall be issued only for a single trip or for a definite period,
not beyond the date of expiration of the vehicle registration, and shall
designate the highways and bridges which may be used pursuant to the
authority of such permit.

2. The chief engineer of the state department of transportation shall
upon proper application and at no charge issue a special permit to any
person allowing the movement on state and federal highways of farm
products between sunset and sunrise not in excess of fourteen feet in
width. Special permits allowing movement of oversize loads of farm
products shall allow for movement between sunset and sunrise, subject to
appropriate requirements for safety lighting on the load, appropriate
limits on load dimensions and appropriate consideration of high traffic
density between sunset and sunrise on the route to be traveled. The chief
engineer may also issue upon proper application a special permit to any
person allowing the movement on the state and federal highways of
concrete pump trucks or well-drillers equipment. For the purposes of this
section, "farm products" shall have the same meaning as provided in
section 400.9-109, RSMo.

3. Rules and regulations for the issuance of special permits shall be
prescribed by the state highways and transportation commission and filed
with the secretary of state. No rule or portion of a rule promulgated
pursuant to the authority of section 304.010 and this section shall
become effective unless it has been promulgated pursuant to the
provisions of chapter 536, RSMo.

4. The officer in charge of the maintenance of the streets of any
municipality may issue such permits for the use of the streets by such
vehicles within the limits of such municipalities.

5. In order to transport manufactured homes, as defined in section
700.010, RSMo, on the roads, highways, bridges and other thoroughfares
within this state, only the applicable permits required by this section
shall be obtained. (RSMo 1939 §§ 8384, 8405, 8406, A.L. 1943 p. 663, A.
1949 S.B. 1113, A.L. 1972 S.B. 546, A.L. 1979 S.B. 44, A.L. 1983 H.B.
539, A.L. 1985 S.B. 221 merged with S.B. 152, A.L. 1988 S.B. 686, A.L.
1989 S.B. 278, A.L. 1995 S.B. 3, A.L. 1996 S.B. 677, A.L. 2000 H.B. 1142
merged with H.B. 1948, A.L. 2002 H.B. 1270 and H.B. 2032 merged with S.B.
974)

Prior revision: 1929 §§ 7776, 7787, 7788

CROSS REFERENCE:

Over-dimension and overweight motor vehicles or loads, authority of
highways and transportation commission, RSMo 226.008

Whenever by reason of thawing of frost, or rains, or due to new
construction the roads are in a soft condition, the maximum weights on
all vehicles mentioned in section 304.180, including trucks, tractors,
trailers and semitrailers and other vehicles therein mentioned may be
limited by the state highways and transportation commission to such an
amount and in such manner as will preserve the road under such
conditions; and said commission shall give due notice thereof by posting
notices at convenient and public places along said road or roads or parts
thereof which are subject to said regulations and reduction of weights.
(RSMo 1939 § 8407)

Prior revision: 1929 § 7789

1. Whenever the county highway engineer of any county, or in any
county in which there shall be no highway engineer, such other officer as
the county commission may designate, shall find that any county road or
bridge of such county is in such a condition that use thereof by vehicles
of the weights specified in section 304.180, will endanger the road or
bridge, or the users thereof, the county highway engineer may with the
approval of the division engineer of the state transportation department
whose division includes the area in question establish maximum weight
limits for vehicles using such road or bridge in such amounts as will
preserve the road or bridge and provide a reasonable margin of safety to
the users thereof. Notice of any such weight limit established shall be
given by posting signs at convenient and public places along any such
road, and in conspicuous places at each end of any such bridge.

2. It shall be unlawful for any person to operate a vehicle of a weight
in excess of the maximum limit established pursuant to the provisions of
this section on or over any road or bridge upon which such maximum weight
limits have been established unless the person shall have the express
permission of the officer empowered to establish such limit.

3. Any person who shall violate the provisions of this section shall be
guilty of a class C misdemeanor, and shall be liable in a civil action
for any damages to the road or bridge. (L. 1943 p. 659 § 8407A, A.L. 1953
p. 595, A.L. 1996 H.B. 1047)

1. It shall be the duty of the sheriff of each county or city to
see that the provisions of sections 304.170 to 304.230 are enforced, and
any peace officer or police officer of any county or city or any highway
patrol officer shall have the power to arrest on sight or upon a warrant
any person found violating or having violated the provisions of such
sections.

2. The sheriff or any peace officer or any highway patrol officer is
hereby given the power to stop any such conveyance or vehicle as above
described upon the public highway for the purpose of determining whether
such vehicle is loaded in excess of the provisions of sections 304.170 to
304.230, and if he or she finds such vehicle loaded in violation of the
provisions thereof he or she shall have a right at that time and place to
cause the excess load to be removed from such vehicle; and provided
further, that any regularly employed maintenance man of the department of
transportation shall have the right and authority in any part of this
state to stop any such conveyance or vehicle upon the public highway for
the purpose of determining whether such vehicle is loaded in excess of
the provisions of sections 304.170 to 304.230, and if he or she finds
such vehicle loaded in violation of the provisions thereof, he or she
shall have the right at that time and place to cause the excess load to
be removed from such vehicle. When only an axle or a tandem axle group of
a vehicle is overloaded, the operator shall be permitted to shift the
load, if this will not overload some other axle or axles, without being
charged with a violation; provided, however, the privilege of shifting
the weight without being charged with a violation shall not extend to or
include vehicles while traveling on the federal interstate system of
highways. When only an axle or tandem axle group of the vehicle traveling
on the federal interstate system of highways is overloaded and a court
authorized to enforce the provisions of sections 304.170 to 304.230 finds
that the overloading was due to the inadvertent shifting of the load
changing axle weights in transit through no fault of the operator of the
vehicle and that the load thereafter had been shifted so that no axle had
been overloaded, then the court may find that no violation has been
committed. The operator of any vehicle shall be permitted to back up and
reweigh, or to turn around and weigh from the opposite direction. Any
operator whose vehicle is weighed and found to be within five percent of
any legal limit may request and receive a weight ticket, memorandum or
statement showing the weight or weights on each axle or any combinations
of axles. Once a vehicle is found to be within the limits of section
304.180 after having been weighed on any state scale and there is no
evidence that any cargo or fuel has been added, no violation shall occur,
but a presumption shall exist that cargo or fuel has been added if upon
reweighing on another state scale the total gross weight exceeds the
applicable limits of section 304.180 or 304.190. The highways and
transportation commission of this state may deputize and appoint any
number of their regularly employed maintenance men to enforce the
provisions of such sections, and the maintenance men delegated and
appointed in this section shall report to the proper officers any
violations of sections 304.170 to 304.230 for prosecution by such proper
officers.

3. The superintendent of the Missouri state highway patrol may assign
qualified persons who are not highway patrol officers to supervise or
operate permanent or portable weigh stations used in the enforcement of
commercial vehicle laws. These persons shall be designated as commercial
vehicle inspectors and have limited police powers:

(1) To issue uniform traffic tickets at a permanent or portable weigh
station for violations of rules and regulations of the division of motor
carrier and railroad safety of the department of economic development and
department of public safety, and laws, rules, and regulations pertaining
to commercial motor vehicles and trailers and related to size, weight,
fuel tax, registration, equipment, driver requirements, transportation of
hazardous materials and operators' or chauffeurs' licenses, and the
provisions of sections 303.024 and 303.025, RSMo;

(2) To require the operator of any commercial vehicle to stop and submit
to a vehicle and driver inspection to determine compliance with
commercial vehicle laws, rules, and regulations, the provisions of
sections 303.024 and 303.025, RSMo, and to submit to a cargo inspection
when reasonable grounds exist to cause belief that a vehicle is
transporting hazardous materials as defined by Title 49 of the Code of
Federal Regulations;

(3) To make arrests for violation of subdivisions (1) and (2) of this
subsection. Commercial vehicle inspectors shall not have the authority to
exercise the powers granted in subdivisions (1), (2) and (3) of this
subsection until they have successfully completed training approved by
the superintendent of the Missouri state highway patrol; nor shall they
have the right as peace officers to bear arms.

4. The superintendent of the Missouri state highway patrol may appoint
qualified persons, who are not members of the highway patrol, designated
as commercial vehicle enforcement officers, with the powers:

(1) To issue uniform traffic tickets for violations of laws, rules and
regulations pertaining to commercial vehicles, trailers, special mobile
equipment and drivers of such vehicles, and the provisions of sections
303.024 and 303.025, RSMo;

(2) To require the operator of any commercial vehicle to stop and submit
to a vehicle and driver inspection to determine compliance with
commercial vehicle laws, rules, and regulations, compliance with the
provisions of sections 303.024 and 303.025, RSMo, and to submit to a
cargo inspection when reasonable grounds exist to cause belief that a
vehicle is transporting hazardous materials as defined by Title 49 of the
Code of Federal Regulations;

(3) To make arrests upon warrants and for violations of subdivisions (1)
and (2) of this subsection. Commercial vehicle enforcement officers shall
not have the authority to exercise the powers granted in subdivisions
(1), (2) and (3) of this subsection until they have successfully
completed training approved by the superintendent of the Missouri state
highway patrol. Commercial vehicle enforcement officers shall have the
right as peace officers to bear arms.

5. Any additional employees needed for the implementation of this section
shall be hired in conformity with the provisions of the federal fair
employment and antidiscrimination acts.

6. Any part of this section which shall be construed to be in conflict
with the axle or tandem axle load limits permitted by the Federal-Aid
Highway Act, Section 127 of Title 23 of the United States Code (Public
Law 85-767, 85th Congress) shall be null, void and of no effect. (RSMo
1939 § 8408, A.L. 1963 p. 422, A.L. 1965 p. 492, A.L. 1979 H.B. 454, A.L.
1985 H.B. 157 merged with H.B. 368, A.L. 1994 S.B. 475, A.L. 1998 H.B.
1802)

Prior revision: 1929 § 7790

CROSS REFERENCE:

Division of motor carrier and railroad safety abolished, duties and
functions transferred to highways and transportation commission and
department of transportation, RSMo 226.008

(1994) Search of commercial motor vehicle pursuant to section was
objectively authorized and legally permitted as state had legitimate
governmental interest in stopping, weighing and inspecting vehicles for
safety of persons traveling on state's highways and did not violate
Fourth Amendment of the United States Constitution prohibiting
unreasonable search and seizures. State v. Rodriguez, 877 S.W.2d 106 (Mo.
banc).

(1996) Commercial vehicle inspector's ticketing powers are limited to
weigh stations, which must be stationary. State v. Ruch, 926 S.W.2d 937
(Mo.App. W.D.).

All commercial motor vehicles shall be required to stop at an
official weigh station, or to be identified through automated means
approved by this state and determined to be in compliance without the
necessity of stopping, except those licensed for a gross weight of not
more than eighteen thousand pounds shall not be required to stop or to be
identified unless so directed by a peace officer or a commercial motor
vehicle enforcement officer or inspector. The provisions of sections
32.057 and 32.091, RSMo, which govern confidentiality and prohibit the
release of information shall not apply to commercial motor vehicle
enforcement officers or their licensees in the performance of their
duties at weigh stations. Any person who does not stop at a weigh station
or who otherwise improperly evades stopping at the weight station and who
is later determined not to be in compliance with the provisions of this
chapter governing weigh limits may be punished pursuant to section
304.570. (L. 1973 H.B. 327 § 1, A.L. 1977 H.B. 186, A.L. 1999 H.B. 646
merged with S.B. 19)

Any person, firm, corporation, partnership or association
violating any of the provisions of sections 304.170 to 304.230 shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine of not less than five dollars or by confinement in a
county jail for not more than twelve months, or by both the fine and
confinement; provided, however, that where load limits as defined in
sections 304.180 to 304.220 have been violated, the fine shall be two
cents for each pound of excess weight up to and including five hundred,
and five cents for each pound of excess weight above five hundred and not
exceeding one thousand, and ten cents for each pound in excess weight
above one thousand; provided that, when any vehicle is being operated
under a special permit as provided in section 304.200, the term "excess
weight" means only weight in excess of the amount permitted in the permit
as issued. The court may, in its discretion, cause to be impounded the
motor vehicle operated by any person violating the provisions of this
section until such time as the fine and cost assessed by the court under
this section is paid. (RSMo 1939 § 8410, A.L. 1951 p. 706, A.L. 1967 p.
416)

Prior revision: 1929 § 7792

(1967) Weighing of trailer truck not a search so as to be inadmissible as
fruit of illegal search. State v. Anderson (A.), 418 S.W.2d 207.

1. No metal-tired vehicle shall be operated over any of the
improved highways of this state, except over highways constructed of
gravel or claybound gravel, if such vehicle has on the periphery of any
of the road wheels any lug, flange, cleat, ridge, bolt or any projection
of metal or wood which projects radially beyond the tread or traffic
surface of the tire, unless the highway is protected by putting down
solid planks or other suitable material, or by attachments to the wheels
so as to prevent such vehicles from damaging the highway, except that
this prohibition shall not apply to tractors or traction engines equipped
with what is known as caterpillar treads, when such caterpillar does not
contain any projection of any kind likely to injure the surface of the
road. Tractors, traction engines and similar vehicles may be operated
which have upon their road wheels "V" shaped, diagonal or other cleats
arranged in such manner as to be continuously in contact with the road
surface if the gross weight on the wheels per inch of width of such
cleats or road surface, when measured in the direction of the axle of the
vehicle, does not exceed eight hundred pounds.

2. No tractor, tractor engine, or other metal-tired vehicle weighing more
than four tons, including the weight of the vehicle and its load, shall
drive onto, upon or over the edge of any improved highway without
protecting such edge by putting down solid planks or other suitable
material to prevent such vehicle from breaking off the edges of the
pavement.

3. Violation of this section shall be deemed an infraction and any person
violating this section, whether operating pursuant to a permit or not, or
who shall willfully or negligently damage a highway, shall be liable for
the amount of such damage caused to any highway, bridge, culvert or
sewer, and any vehicle causing such damage shall be subject to a lien for
the full amount of such damage, which lien shall not be superior to any
duly recorded or filed chattel mortgage or other lien previously attached
to such vehicle; the amount of such damage may be recovered in any action
in any court of competent jurisdiction, in the name of the state, by the
municipality, county or other civil subdivision or interested party.
(RSMo 1939 § 8384, A. 1949 S.B. 1113, A.L. 1996 H.B. 1047)

Prior revision: 1929 § 7776

Farm tractors when using the highways in traveling from one
field or farm to another, or to or from places of delivery or repair are
exempt from the provisions of the law relating to registration and
display of number plates, but shall comply with all the other provisions
hereof. The state highways and transportation commission shall have the
power and authority to prescribe the type of road upon which such
tractors may be used and may exclude the use of such tractors or the use
of trucks of any particular weight from the use of certain designated
roads or types of roads, by the posting of signs along or upon such roads
or any part thereof. (RSMo 1939 § 8384, A. 1949 S.B. 1113)

Prior revision: 1929 § 7776

1. 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.

2. 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.

3. 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.

4. 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.

5. Notwithstanding the provisions of section 304.361, violation of this
section is a class C misdemeanor. (L. 1969 S.B. 180 § 1, A.L. 1996 H.B.
1047)

1. 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, as provided
in section 304.291, 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 as provided in section 304.291, 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 paragraph (b);

(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 as provided
in section 304.291, 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.

2. Notwithstanding the provisions of section 304.361, violation of this
section is a class C misdemeanor. (L. 1969 S.B. 180 § 2, A.L. 1973 1st
Ex. Sess. H.B. 26, A.L. 1996 H.B. 1047)

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. (L. 1969 S.B. 180 § 3)

1. 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.

2. Notwithstanding the provisions of section 304.361, any person who
violates subdivision (1) of subsection 1 of this section is guilty of a
class C misdemeanor and any person who violates subdivision (2) of
subsection 1 of this section is guilty of an infraction. (L. 1969 S.B.
180 § 4, A.L. 1996 H.B. 1047)

When lane-direction-control signals are placed over the
individual lanes of a street or highway, vehicular traffic may travel in
any lane over which a green signal is shown, but shall not enter or
travel in any lane over which a red signal is shown. (L. 1969 S.B. 180 §
5)

1. No person shall place, maintain or display upon or in view of
any highway any unauthorized sign, signal, marking or device which
purports to be or is an imitation of or resembles an official
traffic-control device or railroad sign or signal, or which attempts to
direct the movement of traffic, or which hides from view or interferes
with the effectiveness of an official traffic-control device or any
railroad sign or signal.

2. No person shall place or maintain nor shall any public authority
permit upon any highway any traffic sign or signal bearing thereon any
commercial advertising unless authorized by the Missouri highways and
transportation commission.

3. This section shall not be deemed to prohibit the erection upon private
property adjacent to highways of signs giving useful directional
information and of a type that cannot be mistaken for official signs.

4. Every such prohibited sign, signal or marking is hereby declared to be
a public nuisance. (L. 1969 S.B. 180 § 6)

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. (L. 1969 S.B. 180 § 7)

1. 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) The highways and transportation commission or local authorities in
their respective jurisdictions may cause official traffic-control devices
to 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.

2. 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 three hundred feet, or where the same may create a
traffic hazard.

3. No vehicle in a residence district shall be turned left across the
roadway or so as to proceed in the opposite direction when any other
vehicle is approaching from either direction where the same may create a
traffic hazard.

4. Notwithstanding the provisions of section 304.361, violation of this
section is a class C misdemeanor. (L. 1969 S.B. 180 § 8.304.018, A.L.
1996 H.B. 1047)

1. 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 highway, provided, however, there is no form of traffic
control at such intersection.

2. When two vehicles enter an intersection from different 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.

3. 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.

4. The state highways and transportation commission with reference to
state highways and local authorities with reference to other highways
under their jurisdiction may designate through highways and erect stop
signs or yield signs at specified entrances thereto, or may designate any
intersection as a stop intersection or as a yield intersection and erect
stop signs or yield signs at one or more entrances to such intersection.

(1) Preferential right-of-way at an intersection may be indicated by stop
signs or yield signs as authorized in this section:

(a) 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 highway or which is approaching so
closely on the highway as to constitute an immediate hazard during the
time when such driver is moving across or within the intersection.

(b) 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.

5. The driver of a vehicle about to enter or cross a highway from an
alley, building or any private road or driveway shall yield the
right-of-way to all vehicles approaching on the highway to be entered.

6. The driver of a vehicle intending to make a left turn into an alley,
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.

7. The state highways and transportation commission or local authorities
with respect to roads under their respective jurisdictions, on any
section where construction or major maintenance operations are being
effected, may fix a speed limit in such areas by posting of appropriate
signs, and the operation of a motor vehicle in excess of such speed limit
in the area so posted shall be deemed prima facie evidence of careless
and imprudent driving and a violation of section 304.010.

8. Notwithstanding the provisions of section 304.361, violation of this
section shall be deemed a class C misdemeanor. (L. 1969 S.B. 180 §
9.304.021, A.L. 1996 H.B. 1047)

(1968) Failure to yield the right-of-way is specifically denounced as an
offense, but an information charging careless and imprudent driving by
failure to yield the right-of-way at a place where required by statute to
do so, includes the offense as descriptive of what happened and in what
manner defendant drove imprudently. State v. Richards (A.), 429 S.W.2d
351.

(1972) Information charging that defendant "failed to yield the
right-of-way to vehicle approaching intersection so closely as to
constitute an immediate hazard" held insufficient as failing to inform
defendant of offense of which he was charged. State v. Miles, 488 S.W.2d
219.

(1976) Notwithstanding the literal language of subsection 5 of this
section, a driver about to enter or cross a highway from a private road
or driveway must yield the right-of-way to all vehicles on the highway
approaching so close as to constitute an immediate hazard rather than to
all vehicles approaching on the highway to be entered. Cope v. Thompson
(A.), 534 S.W.2d 641.

Any person who violates any of the provisions of sections
304.271 to 304.351 is guilty of a misdemeanor and shall be punished by a
fine of not less than five dollars nor more than five hundred dollars or
by imprisonment in the county jail not exceeding one year or by both such
fine and imprisonment. (L. 1969 S.B. 180 § 10)

1. For the purpose of this section, "hazardous materials" shall
be as defined pursuant to Part 397, Title 49, Code of Federal
Regulations, as adopted and amended.

2. No person shall transport hazardous materials in or through any
highway tunnel in this state. For purposes of this section, a tunnel
shall be defined as a horizontal subterranean passageway through or under
an obstruction of a length of one hundred yards or more.

3. No person shall park a vehicle containing hazardous materials within
three hundred feet of any highway tunnel in this state except as provided
pursuant to Part 397, Title 49, Code of Federal Regulations, as adopted
and as such regulations have been and may periodically be amended.

4. Any person who is found or pleads guilty to a violation of this
section shall be guilty of a class B misdemeanor. Any person who is found
or pleads guilty to a second or subsequent violation of this section
shall be guilty of a class A misdemeanor. Violations of this section
shall be enforced pursuant to section 390.201, RSMo. (L. 2002 H.B. 1270
and H.B. 2032 § 304.370 merged with S.B. 712 § 304.370)

Any person who violates any of the provisions of this chapter or
of sections 307.020 to 307.295, RSMo, for which no specific punishment is
provided, upon conviction thereof, shall be punished by a fine of not
less than five dollars nor more than five hundred dollars or by
imprisonment in the county jail for a term not exceeding one year, or by
both such fine and imprisonment. (RSMo 1939 § 8404, A. 1949 S.B. 1113,
A.L. 1961 p. 496)

Prior revisions: 1929 § 7786; 1919 § 7601

(1955) Information charging that defendant operated automobile in
careless, reckless and imprudent manner so as to endanger life, etc.,
held insufficient as failing to inform defendant of offense of which he
was charged. State v. Reynolds (A.), 274 S.W.2d 514.

1. As used in this section, the term "construction zone" or
"work zone" means any area upon or around any highway as defined in
section 302.010, RSMo, which is visibly marked by the department of
transportation or a contractor performing work for the department of
transportation as an area where construction, maintenance, 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 directing motor vehicles to merge from
one lane into another lane are posted.

2. Upon a conviction or a plea of guilty by any person for a moving
violation as defined in section 302.010, RSMo, or any offense listed in
section 302.302, RSMo, the court shall assess a fine of thirty-five
dollars in addition to any other fine authorized to be imposed by law, if
the offense occurred within a construction zone or a work zone.

3. Upon a conviction or plea of guilty by any person for a speeding
violation pursuant to either section 304.009 or 304.010, or a passing
violation pursuant to subsection 6 of this section, the court shall
assess a fine of two hundred fifty dollars 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 person in such zone who was there to perform duties related
to the reason for which the area was designated a construction zone or
work zone. However, no person assessed an additional fine pursuant to
this subsection shall also be assessed an additional fine pursuant to
subsection 2 of this section, and no person shall be assessed an
additional fine pursuant to this subsection if no signs have been posted
pursuant to subsection 4 of this section.

4. The penalty authorized by subsection 3 of this section shall only be
assessed by the court if the department of transportation or contractor
performing work for the department of transportation has erected signs
upon or around a construction or work zone which are clearly visible from
the highway and which state substantially the following message:
"Warning: $250 fine for speeding or passing in this work zone".

5. During any day in which no person is present in a construction zone or
work zone established pursuant to subsection 3 of this section to perform
duties related to the purpose of the zone, the sign warning of additional
penalties shall not be visible to motorists. During any period of two
hours or more in which no person is present in such zone on a day in
which persons have been or will be present to perform duties related to
the reason for which the area was designated as a construction zone or
work zone, the sign warning of additional penalties shall not be visible
to motorists. The department of transportation or contractor performing
work for the department of transportation shall be responsible for
compliance with provisions of this subsection. Nothing in this subsection
shall prohibit warning or traffic control signs necessary for public
safety in the construction or work zone being visible to motorists at all
times.

6. The driver of a motor vehicle may not overtake or pass another motor
vehicle within a work zone or construction zone. 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 by an appropriate sign erected by the department of transportation
or a contractor performing work for the department of transportation.
Violation of this subsection is a class C misdemeanor.

7. This section shall not be construed to enhance the assessment of court
costs or the assessment of points pursuant to section 302.302, RSMo. (L.
1994 H.B. 1430 § 1, A.L. 2001 S.B. 244)

1. No person shall operate any truck, as defined in section
301.010, RSMo, with a licensed gross weight of less than twelve thousand
pounds on any highway which is part of the state or federal highway
system or when such truck is operated within the corporate limits of any
city when any person under eighteen years of age is riding in the
unenclosed bed of such truck. No person under eighteen years of age shall
ride in the unenclosed bed of such truck when the truck is in operation.
Any person who operates a truck with a licensed gross weight of less than
twelve thousand pounds in violation of this section is guilty of a class
C misdemeanor.

2. The provisions of this section shall only apply when a truck described
in subsection 1 of this section is operated on a highway which is part of
the state or federal highway system or when such truck is operated within
the corporate limits of any city. The provisions of this section shall
not apply to:

(1) 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;

(2) Any person while engaged in agricultural activities where it is
necessary to ride in the unenclosed bed of the truck;

(3) 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;

(4) 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;

(5) 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;

(6) 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

(7) 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 the purposes of this subdivision the term "family" shall mean
any persons related within the first degree of consanguinity. (L. 1997
S.B. 121 § 1)

1. The highway patrol and any local law enforcement agency may
collect, correlate and maintain the following information regarding
traffic law enforcement:

(1) The number of drivers stopped for routine traffic enforcement and
whether or not a citation or warning was issued;

(2) Identifying characteristics of the drivers stopped, including race,
ethnicity, age and gender;

(3) The alleged violation that led to the stop;

(4) Whether a search was instituted as a result of the stop;

(5) Whether the vehicle, personal effects, driver or passengers were
searched, and the race, ethnicity, age and gender of any person searched;

(6) Whether the search was conducted pursuant to consent, probable cause
or reasonable suspicion to suspect a crime, including the basis for the
request for consent, or the circumstances establishing probable cause or
reasonable suspicion;

(7) Whether any contraband was found and the type and amount of any
contraband;

(8) Whether an arrest was made;

(9) Whether any property was seized and a description of such property;

(10) Whether the officers making the stop encountered any physical
resistance from the driver or passengers;

(11) Whether the officers making the stop engaged in the use of force
against the driver or any passengers;

(12) Whether the circumstances surrounding the stop were the subject of
any investigation, and the results of such investigation.

2. The information to be collected pursuant to subsection 1 of this
section need not be collected in connection with roadblocks, vehicle
checks or checkpoints, except when such stops result in a* warning,
search, seizure or arrest.

3. The highway patrol shall conduct analyses of the information collected
pursuant to this section to determine whether law enforcement officers
are using profiles in law enforcement activities. (L. 1999 S.B. 19 § 12)

*Word "an" appears in original rolls.

1. The operator of a motor vehicle overtaking a bicycle
proceeding in the same direction on the roadway, as defined in section
300.010, RSMo, shall leave a safe distance, when passing the bicycle, and
shall maintain clearance until safely past the overtaken bicycle.

2. Any person who violates the provisions of this section is guilty of an
infraction unless an accident is involved in which case it shall be a
class C misdemeanor. (L. 2005 H.B. 487)

*This section was enacted by both H.B. 487 and S.B. 372 during the First
Regular Session of the 93rd General Assembly, 2005. Due to possible
conflict, both versions are printed here.

The operator of a motor vehicle overtaking a bicycle proceeding
in the same direction on the roadway, as defined in section 300.010,
RSMo, shall leave a safe distance when passing the bicycle, and shall
maintain clearance until safely past the overtaken bicycle. (L. 2005 S.B.
372)

*This section was enacted by both H.B. 487 and S.B. 372 during the First
Regular Session of the 93rd General Assembly, 2005. Due to possible
conflict, both versions are printed here.

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