Missouri Statute | Act | Code |Motor Vehicles, Watercraft And Aviation| US Code - US Statute | Chapter 307 Vehicle Equipment Regulations

1. All motor vehicles, and every trailer and semitrailer
operating upon the public highways of this state and carrying goods or
material or farm products which may reasonably be expected to become
dislodged and fall from the vehicle, trailer or semitrailer as a result
of wind pressure or air pressure and/or by the movement of the vehicle,
trailer or semitrailer shall have a protective cover or be sufficiently
secured so that no portion of such goods or material can become dislodged
and fall from the vehicle, trailer or semitrailer while being transported
or carried.

2. Operation of a motor vehicle, trailer or semitrailer in violation of
this section shall be a class C misdemeanor, and any person convicted
thereof shall be punished as provided by law. (L. 1967 p. 417 §§ 1, 2,
A.L. 1996 H.B. 1047)

*Transferred 1969; formerly 304.263

1. Trucks, semitrailers, and trailers, except utility trailers,
without rear fenders, attached to a commercial motor vehicle registered
for over twenty-four thousand pounds shall be equipped with mud flaps for
the rear wheels when operated on the public highways of this state. If
mud flaps are used, they shall be wide enough to cover the full tread
width of the tire or tires being protected; shall be so installed that
they extend from the underside of the vehicle body in a vertical plane
behind the rear wheels to within eight inches of the ground; and shall be
constructed of a rigid material or a flexible material which is of a
sufficiently rigid character to provide adequate protection when the
vehicle is in motion. No provisions of this section shall apply to a
motor vehicle in transit and in process of delivery equipped with
temporary mud flaps, to farm implements, or to any vehicle which is not
required to be registered.

2. Any person who violates this section is guilty of a class B
misdemeanor and, upon conviction, shall be punished as provided by law.
(L. 1967 p. 417 §§ 1, 2, A.L. 1991 S.B. 292)

*Transferred 1969; formerly 304.265

As used in sections 307.020 to 307.120, unless the context
requires another or different construction:

(1) "Approved" means approved by the director of revenue and when applied
to lamps and other illuminating devices means that such lamps and devices
must be in good working order;

(2) "Auxiliary lamp" means an additional lighting device on a motor
vehicle used primarily to supplement the headlamps in providing general
illumination ahead of a vehicle;

(3) "Headlamp" means a major lighting device capable of providing general
illumination ahead of a vehicle;

(4) "Mounting height" means the distance from the center of the lamp to
the surface on which the vehicle stands;

(5) "Multiple-beam headlamps" means headlamps or similar devices arranged
so as to permit the driver of the vehicle to use one of two or more
distributions of light on the road;

(6) "Reflector" means an approved device designed and used to give an
indication by reflected light;

(7) "Single-beam headlamps" means headlamps or similar devices arranged
so as to permit the driver of the vehicle to use but one distribution of
light on the road;

(8) "Vehicle" means every device in, upon or by which a person or
property is or may be transported upon a highway, excepting devices moved
by human power or used exclusively upon stationary rails or tracks;

(9) "When lighted lamps are required" means at any time from a half-hour
after sunset to a half-hour before sunrise and at any other time when
there is not sufficient light to render clearly discernible persons and
vehicles on the highway at a distance of five hundred feet ahead. Lighted
lamps shall also be required any time the weather conditions require
usage of the motor vehicle's windshield wipers to operate the vehicle in
a careful and prudent manner as defined in section 304.012, RSMo. The
provisions of this section shall be interpreted to require lighted lamps
during periods of fog even if usage of the windshield wipers is not
necessary to operate the vehicle in a careful and prudent manner. (L.
1941 p. 438 § 8386c, A.L. 2004 S.B. 1233, et al.)

*Transferred 1969; formerly 304.270

(1953) Instruction submitting issue as to unlighted vehicle on highway
held proper in case where motor vehicle collided with rear of unlighted
truck. Arky v. Kessels (A.), 262 S.W.2d 357.

(1957) Court took judicial notice of fact that sun sets before 8:00 p.m.
on May 17. State v. Powell (Mo.), 306 S.W.2d 531.

(1958) Permitting car to remain on roadway without lights at time lights
were required by law held negligence per se. Glenn v. Offutt (A.), 309
S.W.2d 366.

(1976) Motorized wheelchair is a "vehicle" and subject to highway
regulations. Vanasse v. Plautz (A.), 538 S.W.2d 928.

The subsequent provisions of this chapter with respect to
equipment and lights on vehicles shall not apply to agricultural
machinery and implements, road machinery, road rollers, traction engines,
motorized bicycles or farm tractors except as in this chapter made
applicable. (L. 1941 p. 438 § 8386b, A.L. 1980 H.B. 995 & 1051)

Effective 6-20-80

*Transferred 1969; formerly 304.280

1. The director of the department of public safety is hereby
given authority to pass upon the lighting equipment of any vehicle, motor
vehicle, or motor-drawn vehicle with a view to its safety for use on a
street or highway.

2. The director of the department of public safety is hereby authorized
to promulgate rules and regulations not inconsistent with this chapter,
and publish same. No rule or portion of a rule promulgated under the
authority of this chapter shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo.

3. The director of the department of public safety may require the
approval of any lighting equipment or lighting device, and charge a fee
therefor of fifty dollars for each device or each single lighting device
submitted for approval, and may set up the procedure which may be
followed when any lighting equipment or lighting device is submitted for
approval.

4. The director of the department of public safety may revoke or suspend
for cause, after hearing, any certificate of approval that may be issued
covering any lighting equipment or lighting device under this chapter.
(L. 1941 p. 438 § 8386, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

*Transferred 1969; formerly 304.290

1. The decisions of the director of the department of public
safety under the provisions of sections 307.020 to 307.120, shall be
final unless appealed as herein provided and shall be sent by registered
mail to the applicant.

2. Within thirty days of the receipt of the decision, the applicant may
appeal to a board of review composed of the lieutenant governor, and the
members of the state highways and transportation commission, by filing
with the lieutenant governor, a written notice of his intention to appeal
and setting forth the grounds thereof.

3. Within thirty days after receiving such notice the board shall hear
the appeal by hearing such evidence as the applicant or the director of
the department of public safety shall present and making such
investigations and tests as the board deems necessary. In the case of a
tie vote of the board on such appeal, the board shall call upon the chief
engineer of the state transportation department to hear the evidence,
make such investigations and tests as he may deem necessary and cast the
deciding vote.

4. The board shall certify to the applicant its findings, which shall be
final, except that the same may be reviewed in the proper court by
certiorari. (L. 1941 p. 438 § 8386t, A. 1949 S.B. 1113)

*Transferred 1969; formerly 304.300

CROSS REFERENCE: Administrative procedure and review, generally, Chap.
536, RSMo

1. No person shall drive, move, park or be in custody of any
vehicle or combination of vehicles on any street or highway during the
times when lighted lamps are required unless such vehicle or combination
of vehicles displays lighted lamps and illuminating devices as
hereinafter in this chapter required. No person shall use on any vehicle
any approved electric lamp or similar device unless the light source of
such lamp or device complies with the conditions of approval as to focus
and rated candlepower.

2. Notwithstanding the provisions of section 307.120, or any other
provision of law, violation of this section shall be deemed an infraction
and any person who violates this section as it relates to violations of
the usage of lighted lamps required due to weather conditions or fog
shall only be fined ten dollars and no court costs shall be assessed. (L.
1941 p. 438 § 8386d, A.L. 1996 H.B. 1047, A.L. 2004 S.B. 1233, et al.)

*Transferred 1969; formerly 304.310

(1967) Subject to the exception stated in the first paragraph of section
304.450, RSMo, the lighting requirements imposed by sections 304.310 and
304.380, RSMo, are applicable to a vehicle parked at the curb on a city
street. Walker v. Massey (A.), 417 S.W.2d 14.

(1973) Bicycles are exempt by statutory definition of "vehicles" to which
light regulations are applicable. Burt v. Becker (Mo.), 497 S.W.2d 411.

1. Except as in this chapter provided, every motor vehicle other
than a motor-drawn vehicle and other than a motorcycle shall be equipped
with at least two approved headlamps mounted at the same level with at
least one on each side of the front of the vehicle. Every motorcycle
shall be equipped with at least one and not more than two approved
headlamps. Every motorcycle equipped with a sidecar or other attachment
shall be equipped with a lamp on the outside limit of such attachment
capable of displaying a white light to the front.

2. Notwithstanding the provisions of section 307.120, violation of this
section shall be deemed an infraction. (L. 1941 p. 438 § 8386e, A.L. 1996
H.B. 1047)

*Transferred 1969; formerly 304.320

Any motor vehicle need not be equipped with approved headlamps
provided that every such vehicle during the times when lighted lamps are
required is equipped with two lighted lamps on the front thereof
displaying white or yellow lights without glare capable of revealing
persons and objects seventy-five feet ahead; provided, however, that no
such motor vehicle shall be operated at a speed in excess of twenty miles
per hour during the times when lighted lamps are required. (L. 1941 p.
438 § 8386k)

*Transferred 1969; formerly 304.330

1. Approved single-beam headlamps shall be so aimed that when
the vehicle is not loaded none of the high-intensity portion of the light
shall at a distance of twenty-five feet ahead project higher than a level
of five inches below the level of the center of the lamp from which it
comes, and in no case higher than forty-two inches above the level on
which the vehicle stands at a distance of seventy-five feet ahead. The
intensity shall be sufficient to reveal persons and vehicles at a
distance of at least two hundred feet.

2. Notwithstanding the provisions of section 307.120, violation of this
section shall be deemed an infraction. (L. 1941 p. 438 § 8386m, A.L. 1996
H.B. 1047)

*Transferred 1969; formerly 304.340

1. Except as hereinafter provided, the headlamps or the
auxiliary driving lamp or the auxiliary passing lamp or combination
thereof on motor vehicles other than motorcycles or motor driven cycles
shall be so arranged that the driver may select at will between
distributions of light projected to different elevations and such lamps
may, in addition, be so arranged that such selection can be made
automatically, subject to the following limitations:

(1) There shall be an uppermost distribution of light, or composite beam,
so aimed and of such intensity as to reveal persons and vehicles at a
distance of at least three hundred and fifty feet ahead for all
conditions of loading.

(2) There shall be a lowermost distribution of light, or composite beam
so aimed and of sufficient intensity to reveal persons and vehicles at a
distance of at least one hundred feet ahead; and on a straight level road
under any condition of loading none of the high-intensity portion of the
beam shall be directed to strike the eyes of an approaching driver.

2. Notwithstanding the provisions of section 307.120, violation of this
section shall be deemed an infraction. (L. 1941 p. 438 § 8386n, A.L. 1955
p. 626, A.L. 1996 H.B. 1047)

*Transferred 1969; formerly 304.350

1. Every new motor vehicle registered in this state after
January 1, 1942, which has multiple-beam road lighting equipment shall be
equipped with a beam indicator, which shall be lighted whenever the
uppermost distribution of lights from the headlamps is in use, and shall
not otherwise be lighted. Said indicator shall be so designed and located
that when lighted it will be readily visible without glare to the driver
of the vehicle so equipped.

2. Notwithstanding the provisions of section 307.120, violation of this
section shall be deemed an infraction. (L. 1941 p. 438 § 8386o, A.L. 1996
H.B. 1047)

*Transferred 1969; formerly 304.360

1. Every person driving a motor vehicle equipped with
multiple-beam road lighting equipment, during the times when lighted
lamps are required, shall use a distribution of light, or composite beam,
directed high enough and of sufficient intensity to reveal persons and
vehicles at a safe distance in advance of the vehicle, subject to the
following requirements and limitations: Whenever the driver of a vehicle
approaches an oncoming vehicle within five hundred feet, or is within
three hundred feet to the rear of another vehicle traveling in the same
direction, the driver shall use a distribution of light or composite beam
so aimed that the glaring rays are not projected into the eyes of the
other driver, and in no case shall the high-intensity portion which is
projected to the left of the prolongation of the extreme left side of the
vehicle be aimed higher than the center of the lamp from which it comes
at a distance of twenty-five feet ahead, and in no case higher than a
level of forty-two inches above the level upon which the vehicle stands
at a distance of seventy-five feet ahead.

2. Notwithstanding the provisions of section 307.120, violation of this
section is an infraction. (L. 1941 p. 438 § 8386p, A.L. 1965 p. 493, A.L.
1996 H.B. 1047)

*Transferred 1969; formerly 304.370

(1955) Instruction submitting issue as to failure to dim lights as
proximate cause of collision approved. Fuller v. Baxter (A.), 284 S.W.2d
66.

1. Every motor vehicle and every motor-drawn vehicle shall be
equipped with at least two rear lamps, not less than fifteen inches or
more than seventy-two inches above the ground upon which the vehicle
stands, which when lighted will exhibit a red light plainly visible from
a distance of five hundred feet to the rear. Either such rear lamp or a
separate lamp shall be so constructed and placed as to illuminate with a
white light the rear registration marker and render it clearly legible
from a distance of fifty feet to the rear. When the rear registration
marker is illuminated by an electric lamp other than the required rear
lamps, all such lamps shall be turned on or off only by the same control
switch at all times.

2. Every motorcycle registered in this state, when operated on a highway,
shall also carry at the rear, either as part of the rear lamp or
separately, at least one approved red reflector, which shall be of such
size and characteristics and so maintained as to be visible during the
times when lighted lamps are required from all distances within three
hundred feet to fifty feet from such vehicle when directly in front of a
motor vehicle displaying lawful undimmed headlamps.

3. Every new passenger car, new commercial motor vehicle, motor-drawn
vehicle and omnibus with a capacity of more than six passengers
registered in this state after January 1, 1966, when operated on a
highway, shall also carry at the rear at least two approved red
reflectors, at least one at each side, so designed, mounted on the
vehicle and maintained as to be visible during the times when lighted
lamps are required from all distances within five hundred to fifty feet
from such vehicle when directly in front of a motor vehicle displaying
lawful undimmed headlamps. Every such reflector shall meet the
requirements of this chapter and shall be mounted upon the vehicle at a
height not to exceed sixty inches nor less than fifteen inches above the
surface upon which the vehicle stands.

4. Any person who knowingly operates a motor vehicle without the lamps
required in this section in operable condition is guilty of an
infraction. (L. 1941 p. 438 § 8386q, A.L. 1965 p. 494, A.L. 1976 H.B.
1514, A.L. 1996 H.B. 1047)

*Transferred 1969; formerly 304.380

(1967) Subject to the exception stated in the first paragraph of section
304.450, RSMo, the lighting requirements imposed by sections 304.310 and
304.380, RSMo, are applicable to a vehicle parked at the curb on a city
street. Walker v. Massey (A.), 417 S.W.2d 14.

1. Any motor vehicle may be equipped with not to exceed three
auxiliary lamps mounted on the front at a height not less than twelve
inches nor more than forty-two inches above the level surface upon which
the vehicle stands.

2. Notwithstanding the provisions of section 307.120, violation of this
section is an infraction. (L. 1941 p. 438 § 8386g, A.L. 1996 H.B. 1047)

*Transferred 1969; formerly 304.390

1. Any motor vehicle may be equipped with not more than two side
cowl or fender lamps which shall emit a white or yellow light without
glare. Any motor vehicle may be equipped with not more than one running
board courtesy lamp on each side thereof which shall emit a white or
yellow light without glare. Any motor vehicle may be equipped with a
backup lamp either separately or in combination with another lamp; except
that no such backup lamp shall be continuously lighted when the motor
vehicle is in forward motion.

2. Notwithstanding the provisions of section 307.120, violation of this
section is an infraction. (L. 1941 p. 438 § 8386h, A.L. 1996 H.B. 1047)

*Transferred 1969; formerly 304.400

1. Any motor vehicle may be equipped with not to exceed one
spotlamp but every lighted spotlamp shall be so aimed and used so as not
to be dazzling or glaring to any person.

2. Notwithstanding the provisions of section 307.120, violation of this
section is a class C misdemeanor. (L. 1941 p. 438 § 8386i, A.L. 1996 H.B.
1047)

*Transferred 1969; formerly 304.410

1. Headlamps, when lighted, shall exhibit lights substantially
white in color; auxiliary lamps, cowllamps and spotlamps, when lighted,
shall exhibit lights substantially white, yellow or amber in color. No
person shall drive or move any vehicle or equipment, except a school bus
when used for school purposes or an emergency vehicle upon any street or
highway with any lamp or device thereon displaying a red light visible
from directly in front thereof.

2. Notwithstanding the provisions of section 307.120, violation of this
section is an infraction. (L. 1941 p. 438 § 8386f, A.L. 1955 p. 625, A.L.
1996 H.B. 1047)

*Transferred 1969; formerly 304.420

1. Any lighted lamp or illuminating device upon a motor vehicle
other than headlamps, spotlamps, front direction signals or auxiliary
lamps which projects a beam of light of an intensity greater than three
hundred candlepower shall be so directed that no part of the beam will
strike the level of the roadway on which the vehicle stands at a distance
of more than seventy-five feet from the vehicle. Alternately flashing
warning signals may be used on school buses when used for school purposes
and on motor vehicles when used to transport United States mail from post
offices to boxes of addressees thereof and on emergency vehicles as
defined in section 304.022, RSMo, on buses owned or operated by churches,
mosques, synagogues, temples or other houses of worship, and on
commercial passenger transport vehicles or railroad passenger cars that
are stopped to load or unload passengers, but are prohibited on other
motor vehicles, motorcycles and motor-drawn vehicles except as a means
for indicating a right or left turn.

2. Notwithstanding the provisions of section 307.120, violation of this
section is an infraction. (L. 1941 p. 438 § 8386j, A.L. 1955 p. 625, A.L.
1957 p. 633, A.L. 1996 H.B. 1047, A.L. 2001 H.B. 458, A.L. 2004 S.B. 732
merged with S.B. 1233, et al.)

1. At the times when lighted lamps are required, at least two
lighted lamps shall be displayed, one on each side of the front of every
motor vehicle except a motorcycle and except a motor-drawn vehicle except
when such vehicle is parked subject to the provisions governing lights on
parked vehicles. Whenever a motor vehicle equipped with headlamps as in
this chapter required is also equipped with any auxiliary lamps or a
spotlamp or any other lamp on the front thereof projecting a beam of an
intensity greater than three hundred candlepower, not more than a total
of four of any such lamps on the front of a vehicle shall be lighted at
any one time when upon a highway.

2. Notwithstanding the provisions of section 307.120, violation of this
section is an infraction. (L. 1941 p. 438 § 8386l, A.L. 1996 H.B. 1047)

*Transferred 1969; formerly 304.440

1. Whenever a vehicle is lawfully parked upon a street or
highway during the hours between a half hour after sunset and a half hour
before sunrise and in the event there is sufficient light to reveal any
person or object within a distance of five hundred feet upon such street
or highway no lights need be displayed upon such parked vehicle.

2. Whenever a vehicle is parked or stopped upon a highway or shoulder
adjacent thereto, whether attended or unattended, during the hours
between a half hour after sunset and a half hour before sunrise and there
is not sufficient light to reveal any person or object within a distance
of five hundred feet upon the highway, a vehicle so parked or stopped
shall be equipped with one or more lamps meeting the following
requirements: At least one lamp shall display a white or amber light
visible from a distance of five hundred feet to the front of the vehicle,
and the same lamp or at least one other lamp shall display a red light
visible from a distance of five hundred feet to the rear of the vehicle,
and the location of the lamps shall always be such that at least one lamp
or combination of lamps meeting the requirements of this section is
installed as near as practicable to the side of the vehicle which is
closest to passing traffic. This section does not apply to a motor-driven
cycle. Any lighted headlamp upon a parked vehicle shall be depressed or
dimmed.

3. Notwithstanding the provisions of section 307.120, violation of this
section is an infraction. (L. 1941 p. 438 § 8386r, A.L. 1961 p. 497, A.L.
1996 H.B. 1047)

*Transferred 1969; formerly 304.450

(1955) Where truck was stopped with rear in ditch and front across
highway about two or three feet from center, verdict directing
instruction which authorized recovery unless truck was displaying red
light visible for 500 feet and directed toward direction from which
plaintiff was coming, held erroneous. Bunch v. Wagner (A.), 275 S.W.2d
753.

(1957) Permitting a damaged vehicle to remain on the highway without
lights as required by § 304.450 is negligence per se. Leek v. Dillard
(A.), 304 S.W.2d 60.

(1958) Evidence did not require finding that plaintiff was guilty of
contributory negligence as matter of law in colliding at night with truck
defendant had parked without lights partially upon paved portion of road.
Beaver v. Wilhelm (A.), 321 S.W.2d 1.

(1962) Wording of instruction on contributory negligence based on failure
to display a "lighted red lamp" held sufficient to properly instruct
under the statute. Wiber v. Mana (Mo.), 356 S.W.2d 88.

(1967) Subject to the exception stated in the first paragraph of section
304.450, RSMo, the lighting requirements imposed by sections 304.310 and
304.380, RSMo, are applicable to a vehicle parked at the curb on a city
street. Walker v. Massey (A.), 417 S.W.2d 14.

1. All vehicles, including agricultural machinery or implements,
road machinery, road rollers, traction engines and farm tractors not in
this chapter specifically required to be equipped with lamps, shall be
equipped during the times when lighted lamps are required with at least
one lighted lamp or lantern exhibiting a white light visible from a
distance of five hundred feet to the front of such vehicle and with a
lamp or lantern exhibiting a red light visible from a distance of five
hundred feet to the rear, and such lamps and lanterns shall exhibit
lights to the sides of such vehicle.

2. Notwithstanding the provisions of section 307.120, violation of this
section shall be deemed an infraction. (L. 1941 p. 438 § 8386s, A.L. 1996
H.B. 1047)

*Transferred 1969; formerly 304.460

(1974) Held that road roller parked on shoulder must be lighted as
provided in this section. Penn. v. Columbia Asphalt Co. (A.), 513 S.W.2d
679.

Any person violating any of the provisions of sections 307.020
to 307.120 shall, upon conviction thereof, be deemed guilty of a
misdemeanor. The term "person" as used in sections 307.020 to 307.120
shall mean and include any individual, association, joint stock company,
copartnership or corporation. (L. 1941 p. 438 § 8386a)

*Transferred 1969; formerly 304.470

No motor vehicle or trailer shall be operated on a public
highway of this state while equipped with any device which emits an
electronic message directed to the front, side or rear of the exterior of
the vehicle or trailer. For the purposes of this section, the term
"message" shall include words, phrases, sentences, numbers and other
symbols or combinations thereof. This section shall not prohibit the
lawful use of a lamp which illuminates the rear registration marker, as
authorized pursuant to section 307.075, or the use of a route indicator
on a bus or other public transportation vehicle, or messages that display
proper names of firms or corporations. Violations of this section shall
be a class C misdemeanor. (L. 1992 S.B. 607 § l, A.L. 1996 H.B. 1047)

1. Any person who shall place or drive or cause to be placed or
driven upon or along any state or supplementary state highway of this
state any animal-driven vehicle whatsoever, whether in motion or at rest,
shall after sunset to one-half hour before sunrise have attached to every
such vehicle at the rear thereof a red taillight or a red reflecting
device of not less than three inches in diameter of effective area or its
equivalent in area. When such device shall consist of reflecting buttons
there shall be no less than seven of such buttons covering an area equal
to a circle with a three-inch diameter. The total subtended effective
angle of reflection of every such device shall be no less than sixty
degrees and the spread and efficiency of the reflected light shall be
sufficient for the reflected light to be visible to the driver of any
motor vehicle approaching such animal-drawn vehicle from the rear of a
distance of not less than five hundred feet.

2. In addition, any person who operates any such animal-driven vehicle
during the hours between sunset and one-half hour before sunrise shall
have at least one light flashing at all times the vehicle is on any
highway of this state. Such light or lights shall be amber in the front
and red in the back and shall be placed on the left side of the vehicle
at a height of no more than six feet from the ground and shall be visible
from the front and the back of the vehicle at a distance of at least five
hundred feet. Any person violating the provisions of this section shall
be guilty of a class C misdemeanor.

3. Any person operating an animal-driven vehicle during the hours between
sunset and one-half hour before sunrise may, in lieu of the requirements
of subsection 2 of this section, use lamps or lanterns complying with the
rules promulgated by the director of the department of public safety.

4. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date, or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2004, shall be invalid and void. (RSMo 1939 § 8388, A.L. 1988 S.B. 686,
A.L. 1996 H.B. 1047, A.L. 2004 S.B. 956)

*Transferred 1969; formerly 304.480

1. No person shall operate on any public highway of this state
any slow-moving vehicle or equipment after sunset to one-half hour before
sunrise, any animal-drawn vehicle, or any other machinery, designed for
use or normally operated at speeds less than twenty-five miles per hour,
including all road construction or maintenance machinery except when
engaged in actual construction or maintenance work either guarded by a
flagman or clearly visible warning signs, which normally travels or is
normally used at a speed of less than twenty-five miles per hour unless
there is displayed on the rear thereof an emblem as described in, and
displayed as provided in subsection 2 in this section. The requirement of
such emblem shall be in addition to any lighting devices required by
section 307.115.

2. The emblem required by subsection 1 of this section shall be of
substantial construction, and shall be a basedown equilateral triangle of
fluorescent yellow-orange film or equivalent quality paint with a base of
not less than fourteen inches and an altitude of not less than twelve
inches. Such triangle shall be bordered with reflective red strips having
a minimum width of one and three-fourths inches, with the vertices of the
overall triangle truncated such that the remaining altitude shall be a
minimum of fourteen inches. Such emblem shall be mounted on the rear of
such vehicle near the horizontal geometric center of the rearmost vehicle
at a height of not less than four feet above the roadway, and shall be
maintained in a clean, reflective condition. The provisions of this
section shall not apply to any vehicle or equipment being operated on a
gravel or dirt-surfaced public highway.

3. Any person who shall violate the provisions of this section shall be
guilty of an infraction.

4. No emblem shall be required on machinery or equipment pulled or
attached to a farm tractor providing the machinery or equipment does not
extend more than twelve feet to the rear of the tractor and permits a
clear view of the emblem on the tractor by vehicles approaching from the
rear.

5. Any person operating an animal-drawn vehicle on any public highway of
this state may, in lieu of displaying the emblem required by subsections
1 and 2 of this section, equip the animal-drawn vehicle with reflective
material complying with rules and regulations promulgated by the director
of the department of public safety. The reflective material shall be
visible from a distance of not less than five hundred feet to the rear
when illuminated by the lower beams of vehicle headlights. Any rule or
portion of a rule, as that term is defined in section 536.010, RSMo, that
is created under the authority delegated in this section shall become
effective only if it complies with and is subject to all of the
provisions of chapter 536, RSMo, and, if applicable, section 536.028,
RSMo. This section and chapter 536, RSMo, are nonseverable and if any of
the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date, or to disapprove and annul
a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2004, shall be invalid and void. (L. 1971 S.B. 99 § 1, A.L. 1996 H.B.
1047, A.L. 2004 S.B. 956)

The term "safety glass", as used in sections 307.130 to 307.160,
shall be construed as meaning glass so treated or combined with other
materials as to reduce, in comparison with ordinary sheet glass or plate
glass, the likelihood of injury to persons by objects from external
sources or by glass when the glass is cracked or broken. (RSMo 1939 §
8391)

*Transferred 1969; formerly 304.490

It shall be the duty of the director of revenue to refuse to
issue a license for any motor vehicle manufactured or assembled after
January 1, 1936, unless such motor vehicle is equipped as provided in
sections 307.130 to 307.160, with such types of safety glass as have been
heretofore approved by the secretary of state or may hereafter be
approved by the state highway patrol. (L. 1945 p. 1194 § 8392b)

*Transferred 1969; formerly 304.500

It shall be unlawful after January 1, 1936, to operate on any
public highway or street, in this state, a motor vehicle registered in
the state of Missouri, manufactured or assembled after said date,
designed or used for the purpose of carrying passengers for hire, or
designed or used for the purpose of carrying school children, unless such
vehicle be equipped in all doors, windows and windshields with safety
glass. (RSMo 1939 § 8389)

*Transferred 1969; formerly 304.510

It shall be unlawful after January 1, 1936, to sell in the state
of Missouri, any motor vehicle, manufactured or assembled after said
date, and designed for the purpose of carrying passengers, unless such
vehicle be equipped in all doors, windows, rear windows and windshields
with safety glass. (RSMo 1939 § 8390)

*Transferred 1969; formerly 304.520

The state highway patrol shall maintain a list of approved types
of glass which conform to the requirement of section 307.130 and shall
furnish a copy of such list to the director of revenue and thereafter
shall keep the director of revenue informed as to any changes in or
additions to such list. (RSMo 1939 § 8392, A.L. 1945 p. 1194)

*Transferred 1969; formerly 304.530

Any person violating any of the provisions of sections 307.130
to 307.160 shall be deemed guilty of a class C misdemeanor and shall be
punished by a fine of not to exceed fifty dollars for each offense. (RSMo
1939 § 8393, A.L. 1996 H.B. 1047)

*Transferred 1969; formerly 304.540

In addition to the penalty provided by section 307.155 in case
of the violation of sections 307.130 to 307.160 by any common carrier or
person operating under a permit or a certificate of public convenience or
necessity issued by the Missouri public service commission, or other
authorized body or person, said permit shall be revoked, or, in the
discretion of the commission, suspended until the provisions of sections
307.130 to 307.160 are satisfactorily complied with. (RSMo 1939 § 8394)

*Transferred 1969; formerly 304.550

1. No four-wheeled passenger motor vehicle other than motorbuses
manufactured or assembled after June 30, 1964, and designated as a 1965
or later year model, shall be sold or registered in this state unless it
is equipped with at least two sets of seat safety belts for the front
seat of the motor vehicle. As used in this section the term "set of seat
safety belts" means a combination of belts, buckle and brackets meeting
SAE J-4 or higher standards. The state highway patrol shall maintain a
list of seat safety belts which meet SAE J-4 or higher standards and
shall furnish a copy of the list to the director of revenue and keep the
director informed as to any changes or additions to the list.

2. Violation of this section shall be a misdemeanor and be punished as
provided by law. (L. 1963 p. 423 § 304.555)

*Transferred 1969; formerly 304.555

1. Signaling devices: Every motor vehicle shall be equipped with
a horn, directed forward, or whistle in good working order, capable of
emitting a sound adequate in quantity and volume to give warning of the
approach of such vehicle to other users of the highway and to
pedestrians. Such signaling device shall be used for warning purposes
only and shall not be used for making any unnecessary noise, and no other
sound-producing signaling device shall be used at any time.

2. Muffler cutouts: Muffler cutouts shall not be used and no vehicle
shall be driven in such manner or condition that excessive and
unnecessary noises shall be made by its machinery, motor, signaling
device, or other parts, or by any improperly loaded cargo. The motors of
all motor vehicles shall be fitted with properly attached mufflers of
such capacity or construction as to quiet the maximum possible exhaust
noise as completely as is done in modern gas engine passenger motor
vehicles. Any cutout or opening in the exhaust pipe between the motor and
the muffler on any motor vehicle shall be completely closed and
disconnected from its operating lever, and shall be so arranged that it
cannot automatically open, or be opened or operated while such vehicle is
in motion.

3. Brakes: All motor vehicles, except motorcycles, shall be provided at
all times with two sets of adequate brakes, kept in good working order,
and motorcycles shall be provided with one set of adequate brakes kept in
good working order.

4. Mirrors: All motor vehicles which are so constructed or loaded that
the operator cannot see the road behind such vehicle by looking back or
around the side of such vehicle shall be equipped with a mirror so
adjusted as to reveal the road behind and be visible from the operator's
seat.

5. Projections on vehicles: All vehicles carrying poles or other objects,
which project more than five feet from the rear of such vehicle, shall,
during the period when lights are required by this chapter, carry a red
light at or near the rear end of the pole or other object so projecting.
At other times a red flag or cloth, not less than sixteen inches square,
shall be displayed at the end of such projection.

6. Towlines: When one vehicle is towing another, the connecting device
shall not exceed fifteen feet. During the time that lights are required
by sections 307.020 to 307.120, the required lights shall be displayed by
both vehicles. Every towed vehicle shall be coupled to the towing vehicle
by means of a safety chain, cable, or equivalent device in addition to
the primary coupling device, except that such secondary coupling device
shall not be necessary if the connecting device is connected to the
towing vehicle by a center-locking ball located over or nearly over the
rear axle and not supported by the rear bumper of the towing vehicle.
Such secondary safety connecting devices shall be of sufficient strength
to control the towed vehicle in the event of failure of the primary
coupling device. The provisions of this subsection shall not apply to
wreckers towing vehicles or to vehicles secured to the towing vehicle by
a fifth-wheel type connection.

7. The provisions of subsection 6 of this section shall not apply to farm
implements, or to any vehicle which is not required to be registered.

8. Commercial motor vehicles and trailers: When being operated on any
highway of this state shall be equipped with adequate and proper brakes,
lighting equipment, signaling devices, steering mechanisms, horns,
mirrors, windshield wipers, tires, wheels, exhaust system, glazing, air
pollution control devices, fuel tank, and any other safety equipment
required by the state in such condition so as to obtain a certificate of
inspection and approval as required by the provisions of section 307.360.

9. Devices attached to or towed by motor vehicles for the purpose of
transporting hay shall have the protruding parts raised or retracted when
not in use to a position which will not cause injury or damage to persons
or property in the vicinity of such device when on the highways of this
state.

10. Violation of this section shall be deemed an infraction. (RSMo 1939 §
8387, A.L. 1983 H.B. 539, A.L. 1991 S.B. 292, A.L. 1996 H.B. 1047)

Prior revisions: 1929 § 7779; 1919 §§ 7583, 7584; 1909 § 8515

*Transferred 1969; formerly 304.560

CROSS REFERENCE: For penalty for violation of this section, RSMo 304.570

(1951) Common carrier who leased truck and engaged independent contractor
to operate same would be liable for negligence in failing to maintain
brakes on such truck as required by this section. Virgil v. Riss & Co.
(A.), 241 S.W.2d 96.

(1956) Where evidence was sufficient to justify finding that defendant's
automobile was not equipped with two sets of brakes as required,
defendant could offer proof of legal excuse such as that occurrence
without his fault made compliance impossible. Wilson v. Shumate (Mo.),
296 S.W.2d 72.

(1958) Where owner employed mechanic to check brakes on truck and told
him of defective foot brakes, and mechanic was injured driving the truck,
the owner's failure to maintain two sets of brakes was "excusable" or
"justifiable". Rice v. Allen (Mo.), 309 S.W.2d 629.

(1958) Instruction to the effect that under the evidence the defendants
were guilty of negligence as matter of law in failing to equip and
maintain two sets of adequate brakes and that if jury found that
plaintiff's injuries and damages were direct and proximate result of
collision then verdict should be for plaintiff was error as whether
brakes were adequate and whether violation of statute was proximate cause
of collision were questions of fact for the jury. Beezley v. Spiva (Mo.),
313 S.W.2d 691.

(1960) Where the record failed to show that the person operating vehicle
did not have sufficient time and sufficient distance between it and the
car with which it collided to have used properly working brakes to any
saving advantage, the proof of the fact that the car had inadequate
brakes was held not sufficient to create negligence per se in damage
suit. O'Neill v. Claypool (Mo.), 341 S.W.2d 129.

(1960) Owner or operator of a motor vehicle, who has satisfied a legal
obligation to a third person injured as the result of defective brakes in
the vehicle, held entitled to recover indemnity from the person
responsible for furnishing the defective vehicle. Allied Mutual Casualty
Corp. v. General Motors Corp., 279 F.2d 455.

(1973) Held that the operator of a vehicle must bear responsibility for
its defective brakes. Baker v. Ford Motor Co. (Mo.), 501 S.W.2d 11.

1. No person shall operate any motor vehicle upon any road or
highway of this state between the first day of April and the first day of
November while the motor vehicle is equipped with tires containing metal
or carbide studs.

2. Any person violating the provisions of this section is guilty of an
infraction. (L. 1976 S.B. 515 § 1, A.L. 1996 H.B. 1047)

1. No person shall operate any passenger motor vehicle upon the
public streets or highways of this state, the body of which has been
altered in such a manner that the front or rear of the vehicle is raised
at such an angle as to obstruct the vision of the operator of the street
or highway in front or to the rear of the vehicle.

2. Every motor vehicle which is licensed in this state and operated upon
the public streets or highways of this state shall be equipped with front
and rear bumpers if such vehicle was equipped with bumpers as standard
equipment. This subsection shall not apply to motor vehicles designed or
modified primarily for off-highway purposes while such vehicles are in
tow or to motorcycles or motor-driven cycles, or to motor vehicles
registered as historic motor vehicles when the original design of such
vehicles did not include bumpers nor shall the provisions of this
subsection prohibit the use of drop bumpers. The superintendent of the
Missouri state highway patrol shall adopt rules and regulations relating
to bumper standards. Maximum bumper heights of both the front and rear
bumpers of motor vehicles shall be determined by weight category of gross
vehicle weight rating (GVWR) measured from a level surface to the highest
point of the bottom of the bumper when the vehicle is unloaded and the
tires are inflated to the manufacturer's recommended pressure. Maximum
bumper heights are as follows:

Maximum front Maximum rear

bumper height bumper height

Motor vehicles except

commercial motor

vehicles 22 inches 22 inches

Commercial motor

vehicles (GVWR)

4,500 lbs and under 24 inches 26 inches

4,501 lbs through

7,500 lbs 27 inches 29 inches

7,501 lbs through

9,000 lbs 28 inches 30 inches

9001 lbs through

11,500 lbs 29 inches 31 inches

3. A motor vehicle in violation of this section shall not be approved
during any motor vehicle safety inspection required pursuant to sections
307.350 to 307.390.

4. Any person knowingly violating the provisions of this section is
guilty of a class C misdemeanor. (L. 1973 H.B. 140 § 1, A.L. 1986 H.B.
867, A.L. 1987 H.B. 78, A.L. 2004 H.B. 996 and H.B. 1142 and H.B. 1201
and H.B. 1489)

1. Any person may operate a motor vehicle with front sidewing
vents or windows located immediately to the left and right of the driver
that have a sun screening device, in conjunction with safety glazing
material, that has a light transmission of thirty-five percent or more
plus or minus three percent and a luminous reflectance of thirty-five
percent or less plus or minus three percent. Except as provided in
subsection 5 of this section, any sun screening device applied to front
sidewing vents or windows located immediately to the left and right of
the driver in excess of the requirements of this section shall be
prohibited without a permit pursuant to a physician's prescription as
described below. A permit to operate a motor vehicle with front sidewing
vents or windows located immediately to the left and right of the driver
that have a sun screening device, in conjunction with safety glazing
material, which permits less light transmission and luminous reflectance
than allowed under the requirements of this subsection, may be issued by
the department of public safety to a person having a serious medical
condition which requires the use of a sun screening device if the
permittee's physician prescribes its use. The director of the department
of public safety shall promulgate rules and regulations for the issuance
of the permit. The permit shall allow operation of the vehicle by any
titleholder or relative within the second degree by consanguinity or
affinity, which shall mean a spouse, each grandparent, parent, brother,
sister, niece, nephew, aunt, uncle, child, and grandchild of a person,
who resides in the household. Except as provided in subsection 2 of this
section, all sun screening devices applied to the windshield of a motor
vehicle are prohibited.

2. This section shall not prohibit labels, stickers, decalcomania, or
informational signs on motor vehicles or the application of tinted or
solar screening material to recreational vehicles as defined in section
700.010, RSMo, provided that such material does not interfere with the
driver's normal view of the road. This section shall not prohibit
factory-installed tinted glass, the equivalent replacement thereof or
tinting material applied to the upper portion of the motor vehicle's
windshield which is normally tinted by the manufacturer of motor vehicle
safety glass.

3. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2001, shall be invalid and void.

4. Any person who violates the provisions of this section is guilty of a
class C misdemeanor.

5. Any vehicle licensed with a historical license plate shall be exempt
from the requirements of this section. (L. 1985 H.B. 501 § 1, A.L. 1987
H.B. 78, A.L. 1993 S.B. 52, A.L. 1994 S.B. 475, A.L. 1995 S.B. 3, A.L.
1997 S.B. 121, A.L. 2001 S.B. 244, A.L. 2002 H.B. 1386 & 1038 merged with
S.B. 727 & 703)

Effective 2-14-02

Motor vehicles and equipment which are operated by any member of
an organized fire department, ambulance association, or rescue squad,
whether paid or volunteer, may be operated on streets and highways in
this state as an emergency vehicle under the provisions of section
304.022, RSMo, while responding to a fire call or ambulance call or at
the scene of a fire call or ambulance call and while using or sounding a
warning siren and using or displaying thereon fixed, flashing or rotating
blue lights, but sirens and blue lights shall be used only in bona fide
emergencies. Permits for the operation of such vehicles equipped with
sirens or blue lights shall be in writing and shall be issued and may be
revoked by the chief of an organized fire department, organized ambulance
association, or rescue squad and no person shall use or display a siren
or blue lights on a motor vehicle, fire, ambulance, or rescue equipment
without a valid permit authorizing the use. A** permit to use a siren or
lights as heretofore set out does not relieve the operator of the vehicle
so equipped with complying with all other traffic laws and regulations.
Violation of this section constitutes a class A misdemeanor. (L. 1957 p.
623 § 1, A.L. 1971 H.B. 113, A.L. 1981 H.B. 183, A.L. 2004 S.B. 757
merged with S.B. 788)

Effective 6-25-04 (S.B. 757) 7-01-04 (S.B. 788)

*Transferred 1969; formerly 304.565

**Word "A" does not appear in original rolls.

A bus transportation company shall allow the driver or operator
of a bus* to temporarily install and operate in the bus a citizens band
radio, technically limited to transmit and receive frequency of 27.065
megahertz and 27.185 megahertz, including earphones, antenna and any
necessary equipment purchased and installed by the licensed driver or
operator of the bus. (L. 1982 S.B. 519 § 8)

*Word "bus" defined in section 578.300, RSMo.

(1984) Requirement that bus companies allow their drivers to use citizen
band radios while operating a bus is preempted by federal statute which
gives Secretary of Transportation authority to regulate use of CB radios
on buses and therefore the statute cannot be enforced. Greyhound Lines,
Inc. v. Bond, 725 F.2d 455.

1. It is unlawful for any person to operate any bus, truck,
truck-tractor and trailer combination, or other commercial motor vehicle
and trailer upon any highway of this state, whether intrastate
transportation or interstate transportation, unless such transportation
is conducted in accordance with the hazardous material regulations
established by the United States Department of Transportation pursuant to
Title 49, Code of Federal Regulations, as such regulations have been and
may periodically be amended.

2. Notwithstanding the provisions of subsection 1 of this section to the
contrary, Part 391, Subpart E, Title 49, Code of Federal Regulations,
relating to the physical requirements of drivers shall not be applicable
to drivers in intrastate commerce, provided such drivers were licensed by
this state as chauffeurs to operate commercial motor vehicles on May 13,
1988.

3. Failure to comply with the requirements of this section may result in
the commercial motor vehicle and trailer and driver of such vehicle and
trailer being placed out of service. Criteria used for placing drivers
and vehicles out of service are the North American Uniform Out-of-Service
Criteria adopted by the Commercial Vehicle Safety Alliance and the United
States Department of Transportation, as such criteria have been and may
periodically be amended.

4. Violation of this section shall be deemed a class A misdemeanor. (L.
1983 H.B. 539 § 307.171, A.L. 1988 S.B. 423, A.L. 1991 H.B. 251, A.L.
2002 S.B. 712, A.L. 2003 H.B. 371)

1. As used in this section, the term "passenger car" means every
motor vehicle designed for carrying ten persons or less and used for the
transportation of persons; except that, the term "passenger car" shall
not include motorcycles, motorized bicycles, motor tricycles and trucks
with a licensed gross weight of twelve thousand pounds or more.

2. Each driver, except persons employed by the United States Postal
Service while performing duties for that federal agency which require the
operator to service postal boxes from their vehicles, or which require
frequent entry into and exit from their vehicles, and front seat
passenger of a passenger car manufactured after January 1, 1968, operated
on a street or highway in this state, and persons less than eighteen
years of age operating or riding in a truck, as defined in section
301.010, RSMo, on a street or highway of this state shall wear a properly
adjusted and fastened safety belt that meets federal National Highway,
Transportation and Safety Act requirements; except that, a child less
than four years of age shall be protected as required in section 210.104,
RSMo. No person shall be stopped, inspected, or detained solely to
determine compliance with this subsection. The provisions of this section
shall not be applicable to persons who have a medical reason for failing
to have a seat belt fastened about their body, nor shall the provisions
of this section be applicable to persons while operating or riding a
motor vehicle being used in agricultural work-related activities.
Noncompliance with this subsection shall not constitute probable cause
for violation of any other provision of law.

3. Each driver of a motor vehicle transporting a child four years of age
or more, but less than sixteen years of age, shall secure the child in a
properly adjusted and fastened safety belt.

4. In any action to recover damages arising out of the ownership, common
maintenance or operation of a motor vehicle, failure to wear a safety
belt in violation of this section shall not be considered evidence of
comparative negligence. Failure to wear a safety belt in violation of
this section may be admitted to mitigate damages, but only under the
following circumstances:

(1) Parties seeking to introduce evidence of the failure to wear a safety
belt in violation of this section must first introduce expert evidence
proving that a failure to wear a safety belt contributed to the injuries
claimed by plaintiff;

(2) If the evidence supports such a finding, the trier of fact may find
that the plaintiff's failure to wear a safety belt in violation of this
section contributed to the plaintiff's claimed injuries, and may reduce
the amount of the plaintiff's recovery by an amount not to exceed one
percent of the damages awarded after any reductions for comparative
negligence.

5. Each driver who violates the provisions of subsection 2 or 3 of this
section is guilty of an infraction for which a fine not to exceed ten
dollars may be imposed. All other provisions of law and court rules to
the contrary notwithstanding, no court costs shall be imposed on any
person due to a violation of this section. In no case shall points be
assessed against any person, pursuant to section 302.302, RSMo, for a
violation of this section.

6. The department of public safety shall initiate and develop a program
of public information to develop understanding of, and ensure compliance
with, the provisions of this section. The department of public safety
shall evaluate the effectiveness of this section and shall include a
report of its findings in the annual evaluation report on its highway
safety plan that it submits to NHTSA and FHWA pursuant to 23 U.S.C. 402.

7. If there are more persons than there are seat belts in the enclosed
area of a motor vehicle, then the driver and passengers are not in
violation of this section. (L. 1985 S.B. 43 § 1, A.L. 1988 H.B. 1512,
A.L. 1997 S.B. 121)

As used in sections 307.180 to 307.193:

(1) The word "bicycle" shall mean every vehicle propelled solely by human
power upon which any person may ride, having two tandem wheels, or two
parallel wheels and one or two forward or rear wheels, all of which are
more than fourteen inches in diameter, except scooters and similar
devices;

(2) The term "motorized bicycle" shall mean any two- or three-wheeled
device having an automatic transmission and a motor with a cylinder
capacity of not more than fifty cubic centimeters, which produces less
than three gross brake horsepower, and is capable of propelling the
device at a maximum speed of not more than thirty miles per hour on level
ground. A motorized bicycle shall be considered a motor vehicle for
purposes of any homeowners' or renters' insurance policy. (L. 1977 H.B.
79 § 1, A.L. 1980 H.B. 995 & 1051, A.L. 1988 H.B. 990, A.L. 2005 H.B. 487
merged with S.B. 372)

Every bicycle and motorized bicycle shall be equipped with a
brake or brakes which will enable its driver to stop the bicycle or
motorized bicycle within twenty-five feet from a speed of ten miles per
hour on dry, level, clean pavement. (L. 1977 H.B. 79 § 2, A.L. 1980 H.B.
995 & 1051)

Effective 6-20-80

Every bicycle and motorized bicycle when in use on a street or
highway during the period from one-half hour after sunset to one-half
hour before sunrise shall be equipped with the following:

(1) A front-facing lamp on the front or carried by the rider which shall
emit a white light visible at night under normal atmospheric conditions
on a straight, level, unlighted roadway at five hundred feet;

(2) A rear-facing red reflector, at least two square inches in reflective
surface area, or a rear-facing red lamp, on the rear which shall be
visible at night under normal atmospheric conditions on a straight,
level, unlighted roadway when viewed by a vehicle driver under the lower
beams of vehicle headlights at six hundred feet;

(3) Reflective material and/or lights on any part of the bicyclist's
pedals, crank arms, shoes or lower leg, visible from the front and the
rear at night under normal atmospheric conditions on a straight, level,
unlighted roadway when viewed by a vehicle driver under the lawful lower
beams of vehicle headlights at two hundred feet; and

(4) Reflective material and/or lights visible on each side of the bicycle
or bicyclist and visible at night under normal atmospheric conditions on
a straight, level, unlighted roadway when viewed by a vehicle driver
under the lawful lower beams of vehicle headlights at three hundred feet.
The provisions of this subdivision shall not apply to motorized bicycles
which comply with National Highway Traffic and Safety Administration
regulations relating to reflectors on motorized bicycles. (L. 1977 H.B.
79 § 3, A.L. 1980 H.B. 995 & 1051, A.L. 1995 S.B. 471)

Every person riding a bicycle or motorized bicycle upon a street
or highway shall be granted all of the rights and shall be subject to all
of the duties applicable to the driver of a vehicle as provided by
chapter 304, RSMo, except as to special regulations in sections 307.180
to 307.193 and except as to those provisions of chapter 304, RSMo, which
by their nature can have no application. (L. 1977 H.B. 79 § 4, A.L. 1980
H.B. 995 & 1051)

Effective 6-20-80

Every person operating a bicycle or motorized bicycle at less
than the posted speed or slower than the flow of traffic upon a street or
highway shall ride as near to the right side of the roadway as safe,
exercising due care when passing a standing vehicle or one proceeding in
the same direction, except when making a left turn, when avoiding
hazardous conditions, when the lane is too narrow to share with another
vehicle, or when on a one-way street. Bicyclists may ride abreast when
not impeding other vehicles. (L. 1977 H.B. 79 § 5, A.L. 1980 H.B. 995 &
1051, A.L. 1995 S.B. 471)

1. A person operating a bicycle at less than the posted speed or
slower than the flow of traffic upon a street or highway may operate as
described in section 307.190 or may operate on the shoulder adjacent to
the roadway.

2. A bicycle operated on a roadway, or on the shoulder adjacent to a
roadway, shall be operated in the same direction as vehicles are required
to be driven upon the roadway.

3. For purposes of this section and section 307.190, "roadway" is defined
as and means that portion of a street or highway ordinarily used for
vehicular travel, exclusive of the berm or shoulder. (L. 2005 H.B. 487
merged with S.B. 372)

The operator of a bicycle shall signal as required in section
304.019, RSMo, except that a signal by the hand and arm need not be given
continuously if the hand is needed in the control or operation of or to
control or operate the bicycle. An operator of a bicycle intending to
turn the bicycle to the right shall signal as indicated in section
304.019, RSMo, or by extending such operator's right arm in a horizontal
position so that the same may be seen in front of and in the rear of the
bicycle. (L. 2005 H.B. 487 merged with S.B. 372)

Any person seventeen years of age or older who violates any
provision of sections 307.180 to 307.193 is guilty of an infraction and,
upon conviction thereof, shall be punished by a fine of not less than
five dollars nor more than twenty-five dollars. Such an infraction does
not constitute a crime and conviction shall not give rise to any
disability or legal disadvantage based on conviction of a criminal
offense. If any person under seventeen years of age violates any
provision of sections 307.180 to 307.193 in the presence of a peace
officer possessing the duty and power of arrest for violation of the
general criminal laws of the state or for violation of ordinances of
counties or municipalities of the state, said officer may impound the
bicycle or motorized bicycle involved for a period not to exceed five
days upon issuance of a receipt to the child riding it or to its owner.
(L. 1977 H.B. 79 § 6, A.L. 1980 H.B. 995 & 1051)

Effective 6-20-80

1. No person shall operate a motorized bicycle on any highway or
street in this state unless the person has a valid license to operate a
motor vehicle.

2. No motorized bicycle may be operated on any public thoroughfare
located within this state which has been designated as part of the
federal interstate highway system.

3. Violation of this section shall be deemed a class C misdemeanor. (L.
1980 H.B. 995 & 1051 §§ 2, 3, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1996
H.B. 1047)

No person shall operate a motorized bicycle on any street or
highway in this state unless it is equipped in accordance with the
minimum requirements for construction and equipment of MOPEDS, Regulation
VESC-17, approved July, 1977, as promulgated by the Vehicle Equipment
Safety Commission, this state being a party thereto as provided in
section 307.250, and the regulation is hereby approved as provided in
section 307.260, and the regulation shall be published in the code of
state regulations. (L. 1980 H.B. 995 & 1051 § 4)

Effective 6-20-80

1. Every all-terrain vehicle, except those used in competitive
events, shall have the following equipment:

(1) A lighted headlamp and tail lamp which shall be in operation at any
time in which an all-terrain vehicle is being used on any street or
highway in this state pursuant to section 304.013, RSMo;

(2) An equilateral triangular emblem, to be mounted on the rear of such
vehicle at least two feet above the roadway when such vehicle is operated
upon any street or highway pursuant to section 300.348, RSMo, or 304.013,
RSMo. The emblem shall be constructed of substantial material with a
fluorescent yellow-orange finish and a reflective, red border at least
one inch in width. Each side of the emblem shall measure at least ten
inches;

(3) A breaking system maintained in good operating condition;

(4) An adequate muffler system in good working condition, and a United
States Forest Service qualified spark arrester.

2. A violation of this section shall be a class C misdemeanor. (L. 1988
H.B. 990)

Effective 4-19-88

1. For the purposes of sections 307.205 to 307.211, "electric
personal assistive mobility device" (EPAMD) shall mean a self- balancing,
two nontandem wheeled device, designed to transport only one person, with
an electric propulsion system with an average power of seven hundred
fifty watts (one horsepower), whose maximum speed on a paved level
surface, when powered solely by such a propulsion system while ridden by
an operator who weighs one hundred seventy pounds, is less than twenty
miles per hour.

2. An electric personal assistive mobility device may be operated upon a
street, highway, sidewalk, and bicycle path. Every person operating such
a device shall be granted all of the rights and be subject to all of the
duties applicable to a pedestrian pursuant to chapter 304, RSMo.

3. Persons under sixteen years of age shall not operate an electric
personal assistive mobility device, except for an operator with a
mobility- related disability.

4. An electric personal assistive mobility device shall be operated only
on roadways with a speed limit of forty-five miles per hour or less. This
shall not prohibit the use of such device when crossing roadways with
speed limits in excess of forty-five miles per hour.

5. A city or town shall have the authority to impose additional
regulations on the operation of an electric personal assistive mobility
device within its city or town limits. (L. 2002 H.B. 1270 and H.B. 2032)

Every electric personal assistive mobility device (EPAMD) when
in use on a roadway during the period from one-half hour after sunset to
one-half hour before sunrise shall be equipped with the following:

(1) A front-facing lamp on the front or carried by the rider which shall
emit a white light visible at night under normal atmospheric conditions
on a straight, level, unlighted roadway at five hundred feet;

(2) A rear-facing red reflector, at least two square inches in reflective
surface area, or a rear-facing red lamp, on the rear which shall be
visible at night under normal atmospheric conditions on a straight,
level, unlighted roadway when viewed by a vehicle driver under the lower
beams of vehicle headlights at six hundred feet. (L. 2002 H.B. 1270 and
H.B. 2032)

Every person operating an electric personal assistive mobility
device (EPAMD) at less than the posted speed or slower than the flow of
traffic upon a street or highway shall ride as near to the right side of
the roadway as safe, exercising due care when passing a standing vehicle
or one proceeding in the same direction, except when making a left turn,
when avoiding hazardous conditions, when the lane is too narrow to share
with another vehicle, or when on a one-way street. (L. 2002 H.B. 1270 and
H.B. 2032)

Any person seventeen years of age or older who violates any
provision of sections 307.205 to 307.211 is guilty of an infraction and,
upon conviction thereof, shall be punished by a fine of not less than
five dollars nor more than twenty-five dollars. Such an infraction does
not constitute a crime and conviction shall not give rise to any
disability or legal disadvantage based on conviction of a criminal
offense. If any person under seventeen years of age violates any
provision of sections 307.205 to 307.211 in the presence of a peace
officer possessing the duty and power of arrest for violation of the
general criminal laws of the state or for violation of ordinances of
counties or municipalities of the state, said officer may impound the
electric personal assistive mobility device (EPAMD) involved for a period
not to exceed five days upon issuance of a receipt to the child riding it
or to its owner. (L. 2002 H.B. 1270 and H.B. 2032)

The "Vehicle Equipment Safety Compact" is hereby enacted into
law and entered into with all other jurisdictions legally joining therein
in the form substantially as follows:

ARTICLE I

(a) The party states find that:

(1) Accidents and deaths on their streets and highways present a very
serious human and economic problem with a major deleterious effect on the
public welfare.

(2) There is a vital need for the development of greater
interjurisdictional cooperation to achieve the necessary uniformity in
the laws, rules, regulations and codes relating to vehicle equipment, and
to accomplish this by such means as will minimize the time between the
development of demonstrably and scientifically sound safety features and
their incorporation into vehicles.

(b) The purposes of this compact are to:

(1) Promote uniformity in regulation of and standards for equipment.

(2) Secure uniformity of law and administrative practice in vehicular
regulation and related safety standards to permit incorporation of
desirable equipment changes in vehicles in the interest of greater
traffic safety.

(3) To provide means for the encouragement and utilization of research
which will facilitate the achievement of the foregoing purposes, with due
regard for the findings set forth in subdivision (a) of this Article.

(c) It is the intent of this compact to emphasize performance
requirements and not to determine the specific detail of engineering in
the manufacture of vehicles or equipment except to the extent necessary
for the meeting of such performance requirements.

ARTICLE II

As used in this compact:

(a) "Vehicle" means every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, excepting
devices moved by human power or used exclusively upon stationary rails or
tracks.

(b) "State" means a state, territory or possession of the United States,
the District of Columbia, or the Commonwealth of Puerto Rico.

(c) "Equipment" means any part of a vehicle or any accessory for use
thereon which affects the safety of operation of such vehicle or the
safety of the occupants.

ARTICLE III

(a) There is hereby created an agency of the party states to be known as
the "Vehicle Equipment Safety Commission" hereinafter called the
Commission. The Commission shall be composed of one commissioner from
each party state who shall be appointed, serve and be subject to removal
in accordance with the laws of the state which he represents. If
authorized by the laws of his party state, a commissioner may provide for
the discharge of his duties and the performance of his functions on the
Commission, either for the duration of his membership or for any lesser
period of time, by an alternate. No such alternate shall be entitled to
serve unless notification of his identity and appointment shall have been
given to the Commission in such form as the Commission may require. Each
commissioner, and each alternate, when serving in the place and stead of
a commissioner, shall be entitled to be reimbursed by the Commission for
expenses actually incurred in attending Commission meetings or while
engaged in the business of the Commission.

(b) The commissioners shall be entitled to one vote each on the
Commission. No action of the Commission shall be binding unless taken at
a meeting at which a majority of the total number of votes on the
Commission are cast in favor thereof. Action of the Commission shall be
only at a meeting at which a majority of the commissioners, or their
alternates, are present.

(c) The Commission shall have a seal.

(d) The Commission shall elect annually, from among its members, a
chairman, a vice chairman and a treasurer. The Commission may appoint an
Executive Director and fix his duties and compensation. Such Executive
Director shall serve at the pleasure of the Commission, and together with
the Treasurer shall be bonded in such amount as the Commission shall
determine. The Executive Director also shall serve as secretary. If there
be no Executive Director, the Commission shall elect a Secretary in
addition to the other officers provided by this subdivision.

(e) Irrespective of the civil service, personnel or other merit system
laws of any of the party states, the Executive Director with the approval
of the Commission, or the Commission if there be no Executive Director,
shall appoint, remove or discharge such personnel as may be necessary for
the performance of the Commission's functions, and shall fix the duties
and compensation of such personnel.

(f) The Commission may establish and maintain independently or in
conjunction with any one or more of the party states, a suitable
retirement system for its full time employees. Employees of the
Commission shall be eligible for Social Security coverage in respect of
old age and survivor's insurance provided that the Commission takes such
steps as may be necessary pursuant to the laws of the United States, to
participate in such program of insurance as the governmental agency or
unit. The Commission may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate.

(g) The Commission may borrow, accept or contract for the services of
personnel from any party state, the United States, or any subdivision or
agency of the aforementioned governments, or from any agency of two or
more of the party states or their subdivisions.

(h) The Commission may accept for any of its purposes and functions under
this compact any and all donations, and grants of money, equipment,
supplies, materials, and services, conditional or otherwise, from any
state, the United States, or any other governmental agency and may
receive, utilize and dispose of the same.

(i) The Commission may establish and maintain such facilities as may be
necessary for the transacting of its business. The Commission may
acquire, hold, and convey real and personal property and any interest
therein.

(j) The Commission shall adopt bylaws for the conduct of its business and
shall have the power to amend and rescind these bylaws. The Commission
shall publish its bylaws in convenient form and shall file a copy thereof
and a copy of any amendment thereto, with the appropriate agency or
officer in each of the party states. The bylaws shall provide for
appropriate notice to the commissioners of all Commission meetings and
hearings and the business to be transacted at such meetings or hearings.
Such notice shall also be given to such agencies or officers of each
party state as the laws of such party state may provide.

(k) The Commission annually shall make to the governor and legislature of
each party state a report covering the activities of the Commission for
the preceding year, and embodying such recommendations as may have been
issued by the Commission. The Commission may make such additional reports
as it may deem desirable.

ARTICLE IV

The Commission shall have power to:

(a) Collect, correlate, analyze and evaluate information resulting or
derivable from research and testing activities in equipment and related
fields.

(b) Recommend and encourage the undertaking of research and testing in
any aspect of equipment or related matters when, in its judgment,
appropriate or sufficient research or testing has not been undertaken.

(c) Contract for such equipment research and testing as one or more
governmental agencies may agree to have contracted for by the Commission,
provided that such governmental agency or agencies shall make available
the funds necessary for such research and testing.

(d) Recommend to the party states changes in law or policy with emphasis
on uniformity of laws and administrative rules, regulations or codes
which would promote effective governmental action or coordination in the
prevention of equipment-related highway accidents or the mitigation of
equipment-related highway safety problems.

ARTICLE V

(a) In the interest of vehicular and public safety, the Commission may
study the need for or desirability of the establishment of or changes in
performance requirements or restrictions for any item of equipment. As a
result of such study, the Commission may publish a report relating to any
item or items of equipment, and the issuance of such a report shall be a
condition precedent to any proceedings or other action provided or
authorized by this Article. No less than sixty days after the publication
of a report containing the results of such study, the Commission upon due
notice shall hold a hearing or hearings at such place or places as it may
determine.

(b) Following the hearing or hearings provided for in subdivision (a) of
this Article, and with due regard for standards recommended by
appropriate professional and technical associations and agencies, the
Commission may issue rules, regulations or codes embodying performance
requirements or restrictions for any item or items of equipment covered
in the report, which in the opinion of the Commission will be fair and
equitable and effectuate the purposes of this compact.

(c) Each party state obligates itself to give due consideration to any
and all rules, regulations and codes issued by the Commission and hereby
declares its policy and intent to be the promotion of uniformity in the
laws of the several party states relating to equipment.

(d) The Commission shall send prompt notice of its action in issuing any
rule, regulation or code pursuant to this Article to the appropriate
motor vehicle agency of each party state and such notice shall contain
the complete text of the rule, regulation or code.

(e) If the constitution of a party state requires, or if its statutes
provide, the approval of the legislature by appropriate resolution or act
may be made a condition precedent to the taking effect in such party
state of any rule, regulation or code. In such event, the commissioner of
such party state shall submit any Commission rule, regulation or code to
the legislature as promptly as may be in lieu of administrative
acceptance or rejection thereof by the party state.

(f) Except as otherwise specifically provided in or pursuant to
subdivisions (e) and (g) of this Article, the appropriate motor vehicle
agency of a party state shall in accordance with its constitution or
procedural laws adopt the rule, regulation or code within six months of
the sending of the notice, and, upon such adoption, the rule, regulation
or code shall have the force and effect of law therein.

(g) The appropriate motor vehicle agency of a party state may decline to
adopt a rule, regulation or code issued by the Commission pursuant to
this Article if such agency specifically finds, after public hearing on
due notice, that a variation from the Commission's rule, regulation or
code is necessary to the public safety, and incorporate in such finding
the reasons upon which it is based. Any such finding shall be subject to
review by such procedure for review of administrative determinations as
may be applicable pursuant to the laws of the party state. Upon request,
the Commission shall be furnished with a copy of the transcript of any
hearings held pursuant to this subdivision.

ARTICLE VI

(a) The Commission shall submit to the executive head or designated
officer or officers of each party state a budget of its estimated
expenditures for such period as may be required by the laws of that party
state for presentation to the legislature thereof.

(b) Each of the Commission's budgets of estimated expenditures shall
contain specific recommendations of the amount or amounts to be
appropriated by each of the party states. The total amount of
appropriations under any such budget shall be apportioned among the party
states as follows: one-third in equal shares; and the remainder in
proportion to the number of motor vehicles registered in each party
state. In determining the number of such registrations, the Commission
may employ such source or sources of information as, in its judgment
present the most equitable and accurate comparisons among the party
states. Each of the Commission's budgets of estimated expenditures and
requests for appropriations shall indicate the source or sources used in
obtaining information concerning vehicular registrations.

(c) The Commission shall not pledge the credit of any party state. The
Commission may meet any of its obligations in whole or in part with funds
available to it under Article III(h) of this compact, provided that the
Commission takes specific action setting aside such funds prior to
incurring any obligation to be met in whole or in part in such manner.
Except where the Commission makes use of funds available to it under
Article III(h) hereof, the Commission shall not incur any obligation
prior to the allotment of funds by the party states adequate to meet the
same.

(d) The Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Commission shall be
subject to the audit and accounting procedures established under its
rules. However, all receipts and disbursements of funds handled by the
Commission shall be audited yearly by a qualified public accountant and
the report of the audit shall be included in and become part of the
annual reports of the Commission.

(e) The accounts of the Commission shall be open at any reasonable time
for inspection by duly constituted officers of the party states and by
any persons authorized by the Commission.

(f) Nothing contained herein shall be construed to prevent Commission
compliance with laws relating to audit or inspection of accounts by or on
behalf of any government contributing to the support of the Commission.

ARTICLE VII

(a) The Commission shall adopt rules and regulations with respect to
conflict of interest for the commissioners of the party states, and their
alternates, if any, and for the staff of the Commission and contractors
with the Commission to the end that no member or employee or contractor
shall have a pecuniary or other incompatible interest in the manufacture,
sale or distribution of motor vehicles or vehicular equipment or in any
facility or enterprise employed by the Commission or on its behalf for
testing, conduct of investigations or research. In addition to any
penalty for violation of such rules and regulations as may be applicable
under the laws of the violator's jurisdiction of residence, employment or
business, any violation of a Commission rule or regulation adopted
pursuant to this Article shall require the immediate discharge of any
violating employee and the immediate vacating of membership, or
relinquishing of status as a member on the Commission by any commissioner
or alternate. In the case of a contractor, any violation of any such rule
or regulation shall make any contract of the violator with the Commission
subject to cancellation by the Commission.

(b) Nothing contained in this Article shall be deemed to prevent a
contractor for the Commission from using any facilities subject to his
control in the performance of the contract even though such facilities
are not devoted solely to work of or done on behalf of the Commission;
nor to prevent such a contractor from receiving remuneration or profit
from the use of such facilities.

ARTICLE VIII

The Commission may establish such advisory and technical committees as it
may deem necessary, membership on which may include private citizens and
public officials, and may cooperate with and use the services of any such
committees and the organizations which the members represent in
furthering any of its activities.

ARTICLE IX

(a) This compact shall enter into force when enacted into law by any six
or more states. Thereafter, this compact shall become effective as to any
other state upon its enactment thereof.

(b) Any party state may withdraw from this compact by enacting a statute
repealing the same, but no such withdrawal shall take effect until one
year after the executive head of the withdrawing state has given notice
in writing of the withdrawal to the executive heads of all other party
states. No withdrawal shall affect any liability already incurred by or
chargeable to a party state prior to the time of such withdrawal.

ARTICLE X

This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the Constitution of any state or of the United States
or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person
or circumstances shall not be affected thereby. If this compact shall be
held contrary to the Constitution of any state participating herein, the
compact shall remain in full force and effect as to the remaining party
states and in full force and effect as to the state affected as to all
severable matters. (L. 1965 p. 495 § 1)

*Transferred 1969; formerly 304.600

The general assembly finds that:

(1) The public safety necessitates the continuous development,
modernization and implementation of standards and requirements of law
relating to vehicle equipment, in accordance with expert knowledge and
opinion;

(2) The public safety further requires that such standards and
requirements be uniform from jurisdiction to jurisdiction, except to the
extent that specific and compelling evidence supports variation;

(3) The director of revenue, acting upon recommendation of the vehicle
equipment safety commission and pursuant to the vehicle equipment safety
compact provides a just, equitable and orderly means of promoting the
public safety in the manner and within the scope contemplated by sections
307.250 to 307.295. (L. 1965 p. 495 § 2)

*Transferred 1969; formerly 304.610

Pursuant to article V(e) of the vehicle equipment safety
compact, it is the intention of this state and it is hereby provided that
no rule, regulation or code issued by the vehicle equipment safety
commission in accordance with article V of the compact shall take effect
until approved by an act of the legislature. (L. 1965 p. 495 § 3)

*Transferred 1969; formerly 304.620

The commissioner of this state on the vehicle equipment safety
commission shall be the director of revenue who shall serve during his
continuance as such officer. The commissioner of this state appointed
pursuant to this section may designate an alternate from among the
officers and employees of his agency to serve in his place and stead on
the vehicle equipment safety commission. Subject to the provisions of the
compact and bylaws of the vehicle equipment safety commission, the
authority and responsibilities of such alternate shall be as determined
by the commissioner designating such alternate. (L. 1965 p. 495 § 4)

*Transferred 1969; formerly 304.630

The Missouri state employees retirement system may make an
agreement with the vehicle equipment safety commission for the coverage
of said commission's employees pursuant to article III(f) of the compact.
Any such agreement, as nearly as may be, shall provide for arrangements
similar to those available to the employees of this state and shall be
subject to amendment or termination in accordance with its terms. (L.
1965 p. 495 § 5)

*Transferred 1969; formerly 304.640

Within appropriations available therefor, the departments,
agencies and officers of the government of this state may cooperate with
and assist the vehicle equipment safety commission within the scope
contemplated by article III(h) of the compact. The departments, agencies
and officers of the government of this state are authorized generally to
cooperate with said commission. (L. 1965 p. 495 § 6)

*Transferred 1969; formerly 304.650

Filing of documents as required by article III(j) of the compact
shall be with the secretary of state. Any and all notices required by
commission bylaws to be given pursuant to article III(j) of the compact
shall be given to the commissioner of this state and his alternate, if
any. (L. 1965 p. 495 § 7)

*Transferred 1969; formerly 304.660

Pursuant to article VI(a) of the compact, the vehicle equipment
safety commission shall submit its budgets to the commissioner of
administration. (L. 1965 p. 495 § 8)

*Transferred 1969; formerly 304.670

Pursuant to article VI(e) of the compact, the state auditor is
hereby empowered and authorized to inspect the accounts of the vehicle
equipment safety commission. (L. 1965 p. 495 § 9)

*Transferred 1969; formerly 304.680

The term "executive head" as used in article IX(b) of the
compact shall, with reference to this state, mean the governor. (L. 1965
p. 495 § 10)

*Transferred 1969; formerly 304.690

CROSS REFERENCE: Penalties for violations of sections 307.020 to 307.295,
exceptions, RSMo 304.570

1. The owner of every motor vehicle as defined in section
301.010, RSMo, which is required to be registered in this state, except:

(1) New motor vehicles which have not been previously titled and
registered, for the two-year period following their model year of
manufacture;

(2) Those motor vehicles which are engaged in interstate commerce and are
proportionately registered in this state with the Missouri highway
reciprocity commission, although the owner may request that such vehicle
be inspected by an official inspection station, and a peace officer may
stop and inspect such vehicles to determine whether the mechanical
condition is in compliance with the safety regulations established by the
United States Department of Transportation; and

(3) Historic motor vehicles registered pursuant to section 301.131, RSMo;

shall submit such vehicles to a biennial inspection of their mechanism
and equipment in accordance with the provisions of sections 307.350 to
307.390 and obtain a certificate of inspection and approval and a
sticker, seal, or other device from a duly authorized official inspection
station. The inspection, except the inspection of school buses which
shall be made at the time provided in section 307.375, shall be made at
the time prescribed in the rules and regulations issued by the
superintendent of the Missouri state highway patrol; but the inspection
of a vehicle shall not be made more than sixty days prior to the date of
application for registration or within sixty days of when a vehicle's
registration is transferred. Any vehicle manufactured as an even-numbered
model year vehicle shall be inspected and approved pursuant to the safety
inspection program established pursuant to sections 307.350 to 307.390 in
each even-numbered calendar year and any such vehicle manufactured as an
odd-numbered model year vehicle shall be inspected and approved pursuant
to sections 307.350 to 307.390 in each odd-numbered year. The certificate
of inspection and approval shall be a sticker, seal, or other device or
combination thereof, as the superintendent of the Missouri state highway
patrol prescribes by regulation and shall be displayed upon the motor
vehicle or trailer as prescribed by the regulations established by him.
The replacement of certificates of inspection and approval which are lost
or destroyed shall be made by the superintendent of the Missouri state
highway patrol under regulations prescribed by him.

2. For the purpose of obtaining an inspection only, it shall be lawful to
operate a vehicle over the most direct route between the owner's usual
place of residence and an inspection station of such owner's choice,
notwithstanding the fact that the vehicle does not have a current state
registration license. It shall also be lawful to operate such a vehicle
from an inspection station to another place where repairs may be made and
to return the vehicle to the inspection station notwithstanding the
absence of a current state registration license.

3. No person whose motor vehicle was duly inspected and approved as
provided in this section shall be required to have the same motor vehicle
again inspected and approved for the sole reason that such person wishes
to obtain a set of any special personalized license plates available
pursuant to section 301.144, RSMo, or a set of any license plates
available pursuant to section 301.142, RSMo, prior to the expiration date
of such motor vehicle's current registration.

4. Notwithstanding the provisions of section 307.390, violation of this
section shall be deemed an infraction. (L. 1967 p. 418 § 1, A.L. 1971
S.B. 110, A.L. 1975 S.B. 313, A.L. 1984 S.B. 505 & 471, A.L. 1992 S.B.
465, A.L. 1996 H.B. 1047, A.L. 1999 S.B. 19)

Effective 7-1-00

*Transferred 1969; formerly 304.700

CROSS REFERENCE:

Highway reciprocity commission abolished, duties and functions
transferred to highways and transportation commission, RSMo 226.008

Other provisions of law notwithstanding, no person shall be
required to have a biennial vehicle inspection during a registration
period which exceeds two years. The inspection required at the beginning
of the registration period shall be valid for the entire registration
period. (L. 1974 H.B. 1526, A.L. 1999 S.B. 19)

Effective 7-1-00

1. No state registration license to operate the type of vehicle
required to be inspected by section 307.350 may be transferred or issued
during a biennial registration year in which the vehicle is required to
be inspected unless the application is accompanied by a certificate of
inspection and approval issued no more than sixty days prior to the date
of application, or in the case of school buses, which will be required to
be inspected annually as provided in section 307.375, except:

(1) The director of revenue may transfer or issue a state registration
license to the type of vehicle required to be inspected by section
307.350 without a certificate of inspection and approval accompanying the
application if the director has satisfactory evidence that the vehicle
was not in the state of Missouri at any time during the sixty days prior
to the date of application; however, the owner of every such vehicle must
submit the vehicle for inspection and obtain a certificate of inspection
and approval within ten days after the vehicle is first returned to the
state of Missouri;

(2) The director of revenue shall renew a vehicle's registration license
without a certificate of inspection and approval accompanying the
application if satisfactory documentary evidence is presented at the time
of application that the license being renewed was properly transferred
within a six-month period prior to the expiration of the license being
renewed or that the vehicle for which the registration is being issued
was issued a registration for a period of less than one year for the
registration period just expiring.

2. If due to interstate operation a commercial motor vehicle as defined
in section 301.010, RSMo, or a trailer of the type required to be
inspected is required to obtain full fee registration in this and any
other state during the same calendar year, no Missouri certificate of
inspection and approval is required if the vehicle bears evidence that a
current valid inspection sticker or decal was issued by such other state
in which the vehicle is registered; provided that the sticker or decal
issued by such other state is valid for the registration period in this
state.

3. After a commercial motor vehicle as defined in section 301.010, RSMo,
has been registered for the current year, no certificate of inspection
and approval is required when a local commercial motor vehicle license is
changed to a beyond-local commercial motor vehicle license or when the
licensed gross weight is changed during the licensed period. (L. 1967 p.
418 § 2, A.L. 1971 S.B. 110, A.L. 1974 H.B. 1526, A.L. 1999 S.B. 19)

Effective 7-1-00

*Transferred 1969; formerly 304.710

1. The superintendent of the Missouri state highway patrol shall
issue permits and written instructions to official inspection stations
and shall furnish forms and certificates for the inspection of brakes,
lighting equipment, signaling devices, steering mechanisms, horns,
mirrors, windshield wipers, tires, wheels, exhaust system, glazing, air
pollution control devices, fuel system, and any other safety equipment
required by the state. In no instance will road testing of a vehicle be
considered a part of the inspection procedure.

2. The superintendent of the Missouri state highway patrol shall
prescribe the standards and equipment necessary for an official
inspection station and the qualifications for persons who conduct the
inspections, and no applicant may be approved to operate an official
inspection station until the applicant meets the standards and has the
required equipment and qualified inspectors as prescribed. The
superintendent of the Missouri state highway patrol shall establish
standards and procedures to be followed in the making of inspections
required by sections 307.350 to 307.390 and shall prescribe rules and
regulations for the operation of the stations.

3. (1) The application for permit as an official inspection station shall
be made to the superintendent of the Missouri state highway patrol on a
form furnished by the superintendent. The fee for a permit to operate an
official inspection station shall be ten dollars per year and each permit
shall be renewed annually on the date of issue. All fees shall be payable
to the director of revenue and shall be deposited by him in the state
treasury to the credit of the state highway fund.

(2) The application shall set forth the name under which applicant
transacts or intends to transact business, the location of the
applicant's place of business and such other information as the
superintendent of the Missouri state highway patrol may require. If the
applicant has or intends to have more than one place of business within
the state, a separate application shall be made for each place of
business. If the applicant is a partnership, the application shall set
forth the names of the partners; if a corporation, the names of the
officers shall be shown. The application shall be signed and verified by
oath or affirmation of the owner or an authorized officer or partner.

(3) Each location which fulfills the superintendent of the Missouri state
highway patrol's requirements and whose owners, proprietors and employees
comply with the superintendent's regulations and qualifications shall be
designated as an official inspection station and the applicant issued a
certificate. The superintendent of the Missouri state highway patrol
shall investigate all applicants for inspection station permits to
determine whether or not the premises, equipment and personnel meet the
requirements prescribed by him.

(4) Any automobile mechanic who has had at least one year of practical
experience as an automotive mechanic or any person who has successfully
completed a course of vocational instruction in automotive mechanics from
a generally recognized educational institution, either public or private,
and who has demonstrated the knowledge and ability to conduct an
inspection in compliance with the regulations established by the
superintendent of the Missouri state highway patrol may be issued a
permit to conduct inspections at any official inspection station. No
person without a valid permit shall conduct any part of an inspection,
except a person without a valid permit may assist in the inspection of a
vehicle by operating the vehicle's lighting equipment and signaling
devices. The superintendent of the Missouri state highway patrol may
require a mechanic to be reexamined at any time to determine the
mechanic's knowledge and ability to conduct an inspection. If the
mechanic fails the reexamination or refuses to be reexamined, the permit
issued to the mechanic shall be suspended until the mechanic passes the
examination but under no circumstances can the mechanic again be tested
until a period of thirty days has elapsed. No fee shall be charged for
the permit and the permit shall remain valid for a period of three years
from the date of issue or until suspended or revoked by the
superintendent of the Missouri state highway patrol.

(5) The superintendent of the Missouri state highway patrol may issue a
private official inspection station permit to any association, person,
partnership, corporation and/or subsidiary corporation, and governmental
entity having registered or titled in his, her or its name in this state
one or more vehicles of the type required to be inspected by section
307.350, or who maintains such vehicles under a written maintenance
agreement of at least one year's duration and who maintains approved
inspection facilities and has qualified personnel; but separate permits
must be obtained for separate facilities of the same association, person,
partnership, corporation and/or subsidiary corporation, or governmental
entity. Such private stations shall inspect only vehicles registered or
to be registered, titled or to be titled or maintained in the name of the
person or organization described on the application for permit. No fee
shall be charged for a permit issued to a governmental entity.

4. (1) The superintendent of the Missouri state highway patrol shall
supervise and cause inspections to be made of the official inspection
stations and inspecting personnel and if the superintendent finds that
the provisions of sections 307.350 to 307.390 or the regulations issued
pursuant to sections 307.350 to 307.390 are not being complied with, or
that the business of an official inspection station, in connection with
corrections, adjustments, repairs or inspection of vehicles is being
improperly conducted, the superintendent shall suspend or revoke the
permit of the station for a period of not less than thirty days or more
than one year and require the immediate surrender and return of the
permit, together with all official forms and certificates of inspection
and approval. If the superintendent finds that an inspector has violated
any of the provisions of sections 307.350 to 307.390 or the regulations
issued pursuant to sections 307.350 to 307.390, the superintendent shall
suspend or revoke the inspector's permit for a period of not less than
thirty days nor more than one year. If a station operator or if an
inspector violates any of the provisions of sections 307.350 to 307.390,
he or she is subject to prosecution as provided in section 307.390.

(2) The suspension or revocation of a station permit or of an inspector's
permit shall be in writing to the operator, inspector, or the person in
charge of the station. Before suspending or revoking either of the
permits, the superintendent shall serve notice in writing by certified
mail or by personal service to the permittee at the permittee's address
of record giving the permittee the opportunity to appear in the office of
the superintendent on a stated date, not less than ten nor more than
thirty days after the mailing or service of the notice, for a hearing to
show cause why the permittee's permit should not be suspended or revoked.
An inspection station owner or an inspector may appear in person or by
counsel in the office of the superintendent to show cause why the
proposed suspension or revocation is in error, or to present any other
facts or testimony that would bear on the final decision of the
superintendent. If the permittee or the permittee's agent does not appear
on the stated day after receipt of notice, it shall be presumed that the
permittee admits the allegations of fact contained in the hearing
notification letter. The decision of the superintendent may in such case
be based upon the written reports submitted by the superintendent's
officers. The order of the superintendent, specifying his findings of
fact and conclusions of law, shall be considered final immediately after
receipt of notice thereof by the permittee.

(3) Any person whose permit is suspended or revoked or whose application
for a permit is denied may within ten days appeal the action as provided
in chapter 536, RSMo. (L. 1967 p. 418 § 3, A.L. 1971 S.B. 110, A.L. 1973
S.B. 131, A.L. 1979 S.B. 20, A.L. 1999 S.B. 19)

Effective 7-1-00

*Transferred 1969; formerly 304.720

1. No permit for an official inspection station shall be
assigned or transferred or used at any location other than therein
designated and every permit shall be posted in a conspicuous place at the
location designated. The superintendent of the Missouri state highway
patrol shall design and furnish each official inspection station, at no
cost, one official sign made of metal or other durable material to be
displayed in a conspicuous location to designate the station as an
official inspection station. Additional signs may be obtained by an
official inspection station for a fee equal to the cost to the state.
Each inspection station shall also be supplied with one or more posters
which must be displayed in a conspicuous location at the place of
inspection and which informs the public that required repairs or
corrections need not be made at the inspection station.

2. No person operating an official inspection station pursuant to the
provisions of sections 307.350 to 307.390 may issue a certificate of
inspection and approval for any vehicle except upon an official form
furnished by the superintendent of the Missouri state highway patrol for
that purpose and only after inspecting the vehicle and determining that
its brakes, lighting equipment, signaling devices, steering mechanisms,
horns, mirrors, windshield wipers, tires, wheels, exhaust system,
glazing, air pollution control devices, fuel system and any other safety
equipment as required by the state are in proper condition and adjustment
to be operated upon the public highways of this state with safety to the
driver or operator, other occupants therein, as well as other persons and
property upon the highways, as provided by sections 307.350 to 307.390
and the regulations prescribed by the superintendent of the Missouri
state highway patrol. Brakes may be inspected for safety by means of
visual inspection or computerized brake testing. No person operating an
official inspection station shall furnish, loan, give or sell a
certificate of inspection and approval to any other person except those
entitled to receive it under provisions of sections 307.350 to 307.390.
No person shall have in such person's possession any certificate of
inspection and approval and/or inspection sticker with knowledge that the
certificate and/or inspection sticker has been illegally purchased,
stolen or counterfeited.

3. The superintendent of the Missouri state highway patrol may require
officially designated stations to furnish reports upon forms furnished by
the superintendent for that purpose as the superintendent considers
reasonably necessary for the proper and efficient administration of
sections 307.350 to 307.390.

4. If, upon inspection, defects or unsafe conditions are found, the owner
may correct them or shall have them corrected at any place the owner
chooses within twenty days after the defect or unsafe condition is found,
and shall have the right to remove the vehicle to such place for
correction, but before the vehicle is operated thereafter upon the public
highways of this state, a certificate of inspection and approval must be
obtained. The inspecting personnel of the official inspection station
must inform the owner that the corrections need not be made at the
inspection station.

5. A fee, not to exceed twelve dollars, as determined by each official
inspection station, may be charged by an official inspection station for
each official inspection including the issuance of the certificate of
inspection and approval, sticker, seal or other device and a total fee,
not to exceed ten dollars, as determined by each official inspection
station, may be charged for an official inspection of a trailer or
motorcycle, which shall include the issuance of the certificate of
inspection and approval, sticker, seal or other device. Such fee shall be
conspicuously posted on the premises of each such official inspection
station. No owner shall be charged an additional inspection fee upon
having corrected defects or unsafe conditions found in an inspection
completed within the previous twenty consecutive days, excluding
Saturdays, Sundays and holidays, if such follow-up inspection is made by
the station making the initial inspection. Every inspection for which a
fee is charged shall be a complete inspection, and upon completion of the
inspection, if any defects are found the owner of the vehicle shall be
furnished a list of the defects and a receipt for the fee paid for the
inspection. If the owner of a vehicle decides to have any necessary
repairs or corrections made at the official inspection station, the owner
shall be furnished a written estimate of the cost of such repairs before
such repairs or corrections are made by the official inspection station.
The written estimate shall have plainly written upon it that the owner
understands that the corrections need not be made by the official
inspection station and shall have a signature line for the owner. The
owner must sign below the statement on the signature line before any
repairs are made.

6. Certificates of inspection and approval, sticker, seal or other device
shall be purchased by the official inspection stations from the
superintendent of the Missouri state highway patrol. The superintendent
of the Missouri state highway patrol shall collect a fee of one dollar
and fifty cents for each certificate of inspection, sticker, seal or
other device issued to the official inspection stations, except that no
charge shall be made for certificates of inspection, sticker, seal or
other device issued to official inspection stations operated by
governmental entities. All fees collected shall be deposited in the state
treasury with one dollar of each fee collected credited to the state
highway fund and, for the purpose of administering and enforcing the
state motor vehicle laws and traffic regulations, fifty cents credited to
the "Highway Patrol Inspection Fund" which is hereby created. The moneys
collected and deposited in the highway patrol inspection fund shall be
expended subject to appropriations by the general assembly for the
administration and enforcement of sections 307.350 to 307.390 by the
Missouri state highway patrol. The unexpended balance in the fund at the
end of each biennium exceeding the amount of the appropriations from the
fund for the first two fiscal years shall be transferred to the state
road fund, and the provisions of section 33.080, RSMo, relating to the
transfer of funds to the general revenue fund at the end of the biennium,
shall not apply to the fund.

7. The owner or operator of any inspection station who discontinues
operation during the period that a station permit is valid or whose
station permit is suspended or revoked shall return all official signs
and posters and any current unused inspection stickers, seals or other
devices to the superintendent of the Missouri state highway patrol and
shall receive a full refund on request except for official signs and
posters, provided the request is made during the calendar year or within
sixty days thereafter in the manner prescribed by the superintendent of
the Missouri state highway patrol. Stations which have a valid permit
shall exchange unused previous year issue inspection stickers and/or
decals for an identical number of current year issue, provided the unused
stickers and/or decals are submitted for exchange not later than April
thirtieth of the current calendar year, in the manner prescribed by the
superintendent of the Missouri state highway patrol. (L. 1967 p. 418 § 4,
A.L. 1971 S.B. 110, A.L. 1973 H.B. 207, A.L. 1979 S.B. 20, A.L. 1983 S.B.
315, A.L. 1992 S.B. 465, A.L. 1999 S.B. 19)

Effective 7-1-00

*Transferred 1969; formerly 304.730

1. This enactment of the emissions inspection program is a
mandate of the United States Congress pursuant to the federal Clean Air
Act, as amended, 42 U.S.C. 7401, et seq. In any portion of an area
designated by the governor as a nonattainment area, as defined in the
federal Clean Air Act, as amended, 42 U.S.C.A. Section 7501, and located
within the area described in subsection 1 of section 643.305, RSMo,
certain motor vehicles shall be tested and approved prior to sale or
transfer and biennially thereafter to determine that the emissions system
is functioning within the emission standards as specified by the Missouri
air conservation commission and as required to attain the national health
standards for air quality. For such biennial testing, any such vehicle
manufactured as an even-numbered model year vehicle shall be tested and
approved in each even-numbered calendar year and any such vehicle
manufactured as an odd-numbered model year vehicle shall be tested and
approved in each odd-numbered calendar year. The motor vehicles to be
tested shall be all motor vehicles except those specifically exempted
pursuant to subdivisions (1) to (3) of subsection 1 of section 307.350
and those exempted pursuant to this section.

2. The provisions of this section shall not apply to:

(1) Motor vehicles with a manufacturer's gross vehicle weight rating in
excess of eight thousand five hundred pounds;

(2) Motorcycles and motortricycles;

(3) Model year vehicles manufactured twenty-six years or more prior to
the current model year;

(4) School buses;

(5) Diesel-powered vehicles;

(6) Motor vehicles registered in the area covered by this section but
which are based and operated exclusively in an area of this state not
subject to the provisions of this section if the owner of such vehicle
presents to the director a sworn affidavit that the vehicle will be based
and operated outside the covered area;

(7) New and unused motor vehicles, of model years of the current calendar
year and of any calendar year within two years of such calendar year,
which have an odometer reading of less than six thousand miles at the
time of original sale by a motor vehicle manufacturer or licensed motor
vehicle dealer to the first user; and

(8) Motor vehicles owned by a person who resides in a county of the first
classification without a charter form of government with a population of
less than one hundred thousand inhabitants according to the most recent
decennial census who has completed an emission inspection pursuant to
section 643.315, RSMo.

Each official inspection station which conducts emissions inspections
within the area referred to in subsection 1 of this section shall
indicate the gross vehicle weight rating of the motor vehicle on the
inspection certificate if the vehicle is exempt from the emissions
inspection pursuant to subdivision (1) of this subsection.

3. (1) At the time of sale, a licensed motor vehicle dealer, as defined
in section 301.550, RSMo, may choose to sell a motor vehicle subject to
the inspection requirements of this section either:

(a) With prior inspection and approval as provided in subdivision (2) of
this subsection; or

(b) Without prior inspection and approval as provided in subdivision (3)
of this subsection.

(2) If the dealer chooses to sell the vehicle with prior inspection and
approval, the dealer shall disclose, in writing, prior to sale, whether
the vehicle obtained approval by meeting the emissions standards
established pursuant to this section or by obtaining a waiver pursuant to
subsection 6 of this section. A vehicle sold pursuant to this subdivision
by a licensed motor vehicle dealer shall be inspected and approved within
the one hundred twenty days immediately preceding the date of sale, and,
for the purpose of registration of such vehicle, such inspection shall be
considered timely.

(3) If the dealer chooses to sell the vehicle without prior inspection
and approval, the purchaser may return the vehicle within ten days of the
date of purchase, provided that the vehicle has no more than one thousand
additional miles since the time of sale, if the vehicle fails, upon
inspection, to meet the emissions standards specified by the commission
and the dealer shall have the vehicle inspected and approved without the
option for a waiver of the emissions standard and return the vehicle to
the purchaser with a valid emissions certificate and sticker within five
working days or the purchaser and dealer may enter into any other
mutually acceptable agreement. If the dealer chooses to sell the vehicle
without prior inspection and approval, the dealer shall disclose
conspicuously on the sales contract and bill of sale that the purchaser
has the option to return the vehicle within ten days, provided that the
vehicle has no more than one thousand additional miles since the time of
sale, to have the dealer repair the vehicle and provide an emissions
certificate and sticker within five working days if the vehicle fails,
upon inspection, to meet the emissions standards established by the
commission, or enter into any mutually acceptable agreement with the
dealer. A violation of this subsection shall be an unlawful practice as
defined in section 407.020, RSMo. No emissions inspection shall be
required pursuant to this section for the sale of any motor vehicle which
may be sold without a certificate of inspection and approval, as provided
pursuant to subsection 2 of section 307.380.

4. A fee not to exceed twenty-four dollars may be charged for an
automobile emissions and air pollution control inspection in order to
attain the national health standards for air quality. Such fee shall be
conspicuously posted on the premises of each such inspection station. The
official emissions inspection station shall issue a certificate of
inspection and an approval sticker or seal certifying the emissions
system is functioning properly. The certificate or approval issued shall
bear the legend: "This cost is mandated by your United States Congress.".
No owner shall be charged an additional fee after having corrected
defects or unsafe conditions in the automobile's emissions and air
pollution control system if the reinspection is completed within twenty
consecutive days, excluding Saturdays, Sundays and holidays, and if such
follow-up inspection is made by the station making the initial inspection.

5. The air conservation commission shall establish, by rule, a waiver
amount which may be lower for older model vehicles and which shall be no
greater than seventy-five dollars for model year vehicles prior to 1981
and no greater than two hundred dollars for model year vehicles of 1981
and all subsequent model years.

6. An owner whose vehicle fails upon reinspection to meet the emission
standards specified by the Missouri air conservation commission shall be
issued a certificate of inspection and an approval sticker or seal by the
official emissions inspection station that provided the inspection if the
vehicle owner furnishes a complete, signed affidavit satisfying the
requirements of this subsection and the cost of emissions repairs and
adjustments is equal to or greater than the waiver amount established by
the air conservation commission pursuant to this section. The air
conservation commission shall establish, by rule, a form and a procedure
for verifying that repair and adjustment was performed on a failing
vehicle prior to the granting of a waiver and approval. The waiver form
established pursuant to this subsection shall be an affidavit requiring:

(1) A statement signed by the repairer that the specified work was done
and stating the itemized charges for the work; and

(2) A statement signed by the inspector that an inspection of the vehicle
verified, to the extent practical, that the specified work was done.

7. The department of revenue shall require evidence of the inspection and
approval required by this section in issuing the motor vehicle annual
registration in conformity with the procedure required by sections
307.350 to 307.370.

8. Each emissions inspection station located in the area described in
subsection 1 of this section shall purchase from the highway patrol
sufficient forms and stickers or other devices to evidence approval of
the motor vehicle's emissions control system. In addition, emissions
inspection stations may be required to purchase forms for use in
automated analyzers from outside vendors of the inspection station's
choice. The forms must comply with state regulations.

9. In addition to the fee collected by the superintendent pursuant to
subsection 5 of section 307.365, the highway patrol shall collect a fee
of seventy-five cents for each automobile emissions certificate issued to
the applicable official emissions inspection stations, except that no
charge shall be made for certificates of inspection issued to official
emissions inspection stations operated by governmental entities. All fees
collected by the superintendent pursuant to this section shall be
deposited in the state treasury to the credit of the "Missouri Air
Pollution Control Fund", which is hereby created.

10. The moneys collected and deposited in the Missouri air pollution
control fund pursuant to this section shall be allocated on an equal
basis to the Missouri state highway patrol and the Missouri department of
natural resources, air pollution control program, and shall be expended
subject to appropriation by the general assembly for the administration
and enforcement of sections 307.350 to 307.390. The unexpended balance in
the fund at the end of each appropriation period shall not be transferred
to the general revenue fund, except as directed by the general assembly
by appropriation, and the provisions of section 33.080, RSMo, relating to
the transfer of funds to the general revenue fund at the end of the
biennium, shall not apply to this fund. The moneys in the fund shall be
invested by the treasurer as provided by law, and the interest shall be
credited to the fund.

11. The superintendent of the Missouri state highway patrol shall issue
such rules and regulations as are necessary to determine whether a motor
vehicle's emissions control system is operating as required by subsection
1 of this section, and the superintendent and the state highways and
transportation commission shall use their best efforts to seek federal
funds from which reimbursement grants may be made to those official
inspection stations which acquire and use the necessary testing equipment
which will be required to perform the tests required by the provisions of
this section.

12. The provisions of this section shall not apply in any county for any
time period during which the air conservation commission has established
a motor vehicle emissions inspection program pursuant to sections 643.300
to 643.355, RSMo, for such county, except where motor vehicle owners have
the option of biennial testing pursuant to chapter 643, RSMo. In counties
where such option is available, the emissions inspection may be conducted
in stations conducting only an emissions inspection under contract to the
state.

13. Notwithstanding the provisions of section 307.390, violation of this
section shall be deemed a class C misdemeanor. (L. 1983 S.B. 315, A.L.
1984 S.B. 505 & 471, A.L. 1988 H.B. 1187, A.L. 1992 S.B. 465, A.L. 1994
S.B. 590, A.L. 1996 H.B. 1047, A.L. 1999 H.B. 603, et al. and S.B. 19,
A.L. 2003 S.B. 54, A.L. 2004 H.B. 996 and H.B. 1142 and H.B. 1201 and
H.B. 1489)

1. No person shall represent in any manner any place as an
official inspection station unless the station is operated under a valid
permit issued by the superintendent of the Missouri state highway patrol.

2. No person unless then holding a valid permit shall issue a certificate
of inspection and approval, sticker, seal or other device.

3. No person shall make, issue or knowingly use any imitation or
counterfeit of an official certificate of inspection, sticker, seal or
other device.

4. No person shall display or cause or permit to be displayed upon any
vehicle any certificate of inspection and approval, sticker, seal or
other device knowing the same to be fictitious or issued for another
vehicle or issued without an inspection having been made. (L. 1967 p. 418
§ 5, A.L. 1971 S.B. 110)

*Transferred 1969; formerly 304.740

1. The owner of every bus used to transport children to or from
school in addition to any other inspection required by law shall submit
the vehicle to an official inspection station, and obtain a certificate
of inspection, sticker, seal or other device annually, but the inspection
of the vehicle shall not be made more than sixty days prior to operating
the vehicle during the school year. The inspection shall, in addition to
the inspection of the mechanism and equipment required for all motor
vehicles under the provisions of sections 307.350 to 307.390, include an
inspection to ascertain that the following items are correctly fitted,
adjusted, and in good working condition:

(1) All mirrors, including crossview, inside, and outside;

(2) The front and rear warning flashers;

(3) The stop signal arm;

(4) The crossing control arm on public school buses required to have them
pursuant to section 304.050, RSMo;

(5) The rear bumper to determine that it is flush with the bus so that
hitching of rides cannot occur;

(6) The exhaust tailpipe shall be flush with or may extend not more than
two inches beyond the perimeter of the body or bumper;

(7) The emergency doors and exits to determine them to be unlocked and
easily opened as required;

(8) The lettering and signing on the front, side and rear of the bus;

(9) The service door;

(10) The step treads;

(11) The aisle mats or aisle runners;

(12) The emergency equipment which shall include as a minimum a first aid
kit, flares or fuses, and a fire extinguisher;

(13) The seats, including a determination that they are securely fastened
to the floor;

(14) The emergency door buzzer;

(15) All hand hold grips;

(16) The interior glazing of the bus.

2. In addition to the inspection required by subsection 1 of this
section, the Missouri state highway patrol shall conduct an inspection
after February first of each school year of all vehicles required to be
marked as school buses under section 304.050, RSMo. This inspection shall
be conducted by the Missouri highway patrol in cooperation with the
department of elementary and secondary education and shall include, as a
minimum, items in subsection 1 of this section and the following:

(1) The driver seat belts;

(2) The heating and defrosting systems;

(3) The reflectors;

(4) The bus steps;

(5) The aisles;

(6) The frame.

3. If, upon inspection, conditions which violate the standards in
subsection 2 of this section are found, the owner or operator shall have
them corrected in ten days and notify the superintendent of the Missouri
state highway patrol or those persons authorized by the superintendent.
If the defects or unsafe conditions found constitute an immediate danger,
the bus shall not be used until corrections are made and the
superintendent of the Missouri state highway patrol or those persons
authorized by the superintendent are notified.

4. The Missouri highway patrol may inspect any school bus at any time and
if such inspection reveals a deficiency affecting the safe operation of
the bus, the provisions of subsection 3 of this section shall be
applicable. (L. 1967 p. 418 § 6, A.L. 1971 S.B. 110, A.L. 1975 H.B. 123,
A.L. 1976 S.B. 725, A.L. 1997 S.B. 315, A.L. 1999 H.B. 603, et al. merged
with S.B. 19, A.L. 2001 S.B. 244, A.L. 2004 H.B. 996 and H.B. 1142 and
H.B. 1201 and H.B. 1489 merged with S.B. 899)

1. Every vehicle of the type required to be inspected upon
having been involved in an accident and when so directed by a police
officer must be inspected and an official certificate of inspection and
approval, sticker, seal or other device be obtained for such vehicle
before it is again operated on the highways of this state. At the
seller's expense every vehicle of the type required to be inspected by
section 307.350, whether new or used, shall immediately prior to sale be
fully inspected regardless of any current certificate of inspection and
approval, and an appropriate new certificate of inspection and approval,
sticker, seal or other device shall be obtained.

2. Nothing contained in the provisions of this section shall be construed
to prohibit a dealer or any other person from selling a vehicle without a
certificate of inspection and approval if the vehicle is sold for junk,
salvage, or for rebuilding, or for vehicles sold at public auction or
from dealer to dealer. The purchaser of any vehicle which is purchased
for junk, salvage, or for rebuilding, shall give to the seller an
affidavit, on a form prescribed by the superintendent of the Missouri
state highway patrol, stating that the vehicle is being purchased for one
of the reasons stated herein. No vehicle of the type required to be
inspected by section 307.350 which is purchased as junk, salvage, or for
rebuilding shall again be registered in this state until the owner has
submitted the vehicle for inspection and obtained an official certificate
of inspection and approval, sticker, seal or other device for such
vehicle.

3. Notwithstanding the provisions of section 307.390, violation of this
section shall be deemed an infraction. (L. 1967 p. 418 § 8, A.L. 1971
S.B. 110, A.L. 1992 S.B. 465, A.L. 1993 S.B. 105, A.L. 1996 H.B. 1047)

*Transferred 1969; formerly 304.760

(1990) Missouri safety inspection cannot be disclaimed unless the vehicle
is sold for junk, salvage or rebuilding. Selling a vehicle "as is" does
not alleviate the seller's need to comply with the safety inspection
statutes. (Mo.App.) Viene v. Concours Auto Sales, Inc., 787 S.W.2d 814.

The superintendent of the Missouri state highway patrol may
notify the director of revenue and the director of revenue shall suspend
the registration of any vehicle which the superintendent of the Missouri
state highway patrol determines, after a written notice, is not equipped
as required by law or for which a certificate required by sections
307.350 to 307.390 has not been obtained. (L. 1967 p. 418 § 9, A.L. 1971
S.B. 110)

*Transferred 1969; formerly 304.770

1. Any person who violates any provision of sections 307.350 to
307.390 is guilty of a misdemeanor and upon conviction shall be punished
as provided by law.

2. The superintendent of the Missouri state highway patrol may assign
qualified persons who are not highway patrol officers to investigate and
enforce motor vehicle safety inspection laws and regulations pursuant to
sections 307.350 to 307.390 and sections 643.300 to 643.355, RSMo. A
person assigned by the superintendent pursuant to the authority granted
by this subsection shall be designated a motor vehicle inspector and
shall have limited powers to issue a uniform complaint and summons for a
violation of the motor vehicle inspection laws and regulations. A motor
vehicle inspector shall not have authority to exercise the power granted
in this subsection until such inspector successfully completes training
provided by, and to the satisfaction of, the superintendent. (L. 1967 p.
418 § 10, A.L. 1999 H.B. 603, et al. merged with S.B. 19)

*Transferred 1969; formerly 304.780

CROSS REFERENCE: General penalty for violation of §§ 307.020 to 307.295,
RSMo 304.570

1. It is unlawful for any person to operate any commercial motor
vehicle as defined in Title 49, Code of Federal Regulations, Part 390.5,
either singly or in combination with a trailer, as both vehicles are
defined in Title 49, Code of Federal Regulations, Part 390.5, unless such
vehicles are equipped and operated as required by Parts 390 through 397,
Title 49, Code of Federal Regulations, as such regulations have been and
may periodically be amended, whether intrastate transportation or
interstate transportation. Members of the Missouri state highway patrol
are authorized to enter the cargo area of a commercial motor vehicle or
trailer to inspect the contents when reasonable grounds exist to cause
belief that the vehicle is transporting hazardous materials as defined by
Title 49 of the Code of Federal Regulations. The director of the
department of public safety is hereby authorized to further regulate the
safety of commercial motor vehicles and trailers as he deems necessary to
govern and control their operation on the public highways of this state
by promulgating and publishing rules and regulations consistent with this
chapter. Any such rules shall, in addition to any other provisions deemed
necessary by the director, require:

(1) Every commercial motor vehicle and trailer and all parts thereof to
be maintained in a safe condition at all times;

(2) Accidents arising from or in connection with the operation of
commercial motor vehicles and trailers to be reported to the department
of public safety in such detail and in such manner as the director may
require.

Except for the provisions of subdivisions (1) and (2) of this subsection,
the provisions of this section shall not apply to any commercial motor
vehicle operated in intrastate commerce and licensed for a gross weight
of sixty thousand pounds or less when used exclusively for the
transportation of solid waste or forty-two thousand pounds or less when
the license plate has been designated for farm use by the letter "F" as
authorized by the Revised Statutes of Missouri, unless such vehicle is
transporting hazardous materials as defined in Title 49, Code of Federal
Regulations.

2. Notwithstanding the provisions of subsection 1 of this section to the
contrary, Part 391, Subpart E, Title 49, Code of Federal Regulations,
relating to the physical requirements of drivers shall not be applicable
to drivers in intrastate commerce, provided such drivers were licensed by
this state as chauffeurs to operate commercial motor vehicles on May 13,
1988. Persons who are otherwise qualified and licensed to operate a
commercial motor vehicle in this state may operate such vehicle
intrastate at the age of eighteen years or older, except that any person
transporting hazardous material must be at least twenty-one years of age.

3. Commercial motor vehicles and drivers of such vehicles may be placed
out of service if the vehicles are not equipped and operated according to
the requirements of this section. Criteria used for placing vehicles and
drivers out of service are the North American Uniform Out-of-Service
Criteria adopted by the Commercial Vehicle Safety Alliance and the United
States Department of Transportation, as such criteria have been and may
periodically be amended.

4. Notwithstanding the provisions of subsection 1 of this section to the
contrary, Part 395, Title 49, Code of Federal Regulations, relating to
the hours of drivers, shall not apply to any vehicle owned or operated by
any public utility, rural electric cooperative or other public service
organization, or to the driver of such vehicle, while providing
restoration of essential utility services during emergencies and
operating intrastate. For the purposes of this subsection, the term
"essential utility services" means electric, gas, water, telephone and
sewer services.

5. Part 395, Title 49, Code of Federal Regulations, relating to the hours
of drivers, shall not apply to drivers transporting agricultural
commodities or farm supplies for agricultural purposes in this state if
such transportation:

(1) Is limited to an area within a one hundred air mile radius from the
source of the commodities or the distribution point for the farm
supplies; and

(2) Is conducted during the planting and harvesting season within this
state, as defined by the department of public safety by regulation.

6. The provisions of Part 395.8, Title 49, Code of Federal Regulations,
relating to recording of a driver's duty status, shall not apply to
drivers engaged in agricultural operations referred to in subsection 5 of
this section, if the motor carrier who employs the driver maintains and
retains for a period of six months accurate and true records showing:

(1) The total number of hours the driver is on duty each day; and

(2) The time at which the driver reports for, and is released from, duty
each day.

7. Notwithstanding the provisions of subsection 1 of this section to the
contrary, Parts 390 through 397, Title 49, Code of Federal Regulations
shall not apply to commercial motor vehicles operated in intrastate
commerce to transport property, which have a gross vehicle weight rating
or gross combination weight rating of twenty-six thousand pounds or less.
The exception provided by this subsection shall not apply to vehicles
transporting hazardous materials or to vehicles designed to transport
sixteen or more passengers including the driver as defined by Title 49 of
the Code of Federal Regulations. Nothing in this subsection shall be
construed to prohibit persons designated by the department of public
safety from inspecting vehicles defined in this subsection.

8. Violation of any provision of this section or any rule promulgated as
authorized therein is a class B misdemeanor.

9. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1984 H.B. 1410 §§ 307.400,
307.401, A.L. 1986 H.B. 1428, H.B. 1572, A.L. 1988 S.B. 423, A.L. 1991
H.B. 251, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 S.B. 19, A.L.
2003 H.B. 371, A.L. 2004 S.B. 1233, et al.)

All state agencies owning motor vehicles shall be responsible
for obtaining an inspection of each of their vehicle's mechanism and
equipment in accordance with the provisions of sections 307.350 to
307.402 and obtaining a certificate of inspection and approval and a
sticker, seal or other device from a duly authorized official inspection
station. (L. 2002 H.B. 1270 and H.B. 2032)

Effective 7-11-02

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