SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 610
90TH GENERAL ASSEMBLY
Reported from the Committee on Transportation, May 4, 2000, with recommendation that the House Committee Substitute for Senate Bill No. 610 Do Pass.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 302.020, RSMo Supp. 1999, relating to motorcycles and motortricycles, and to enact in lieu thereof one new section relating to the same subject.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 302.020, RSMo Supp. 1999, is repealed and one new section enacted in lieu thereof, to be known as section 302.020, to read as follows:
302.020. 1. Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by section 302.080, to:
(1) Operate any vehicle upon any highway in this state unless the person has a valid license;
(2) Operate a motorcycle or motortricycle upon any highway of this state unless such person has a valid license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the director. The director may indicate such upon a valid license issued to such person, or shall issue a license restricting the applicant to the operation of a motorcycle or motortricycle if the actual demonstration, required by section 302.173, is conducted on such vehicle;
(3) Authorize or knowingly permit a motorcycle or motortricycle owned by such person or under such person's control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor;
(4) Operate a motor vehicle with an instruction permit or license issued to another person.
2. Every person who is under twenty-one years of age operating or riding as a passenger on any motorcycle or motortricycle, as defined in section 301.010, RSMo, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and specifications established by the director.
3. Every person operating or riding as a passenger on any motorcycle or motortricycle, as defined in section 301.010, RSMo, upon any highway of this state shall be protected by glasses, goggles or a transparent shield.
[3.] 4. Notwithstanding the provisions of section 302.340 any person convicted of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a class A misdemeanor. Any person convicted a third or subsequent time of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a class D felony. Notwithstanding the provisions of section 302.340, violation of subdivisions (3) and (4) of subsection 1 of this section is a class C misdemeanor and the penalty for failure to wear protective [headgear] equipment as required by [subsection 2 of] this section is an infraction for which a fine not to exceed twenty-five dollars may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation. No points shall be assessed pursuant to section 302.302 for a failure to wear such protective [headgear] equipment.
5. For the purposes of this section, the following terms means:
(1) "Glasses", ordinary eye pieces such as spectacles or sunglasses worn before the eye, made of shatter-resistant material. Shatter-resistant material, as used in this section, means material so manufactured, fabricated or created that it substantially prevents shattering or flying when struck or broken;
(2) "Goggles", a device worn before the eyes, the predominant function of which is protecting the eyes without obstructing peripheral vision. Goggles shall provide protection from the front and sides, and may or may not form a complete seal with the face;
(3) "Transparent shield", a windshield attached to the front of a motorcycle that has a minimum height of ten inches measured from the center of the handlebars.
6. Contact lenses are not acceptable eye protection devices.