- Perfected -

SCS/SB 710 - This act modifies the child passenger restraint law, changes the method of enforcing the seat belt law (secondary to primary), makes installing fake airbags a Class D felony, revises numerous laws relating to bicycle safety, and requires the Department of Revenue to notify motorists when Missouri driving statutes are altered.

CHILD PASSENGER RESTRAINT - This act requires children less than four years old, regardless of weight, or children weighing less than 40 pounds, regardless of age, to use an appropriate child passenger restraint system. The act requires children four years of age through five years of age or who weigh 40 pounds to 60 pounds to be secured in a child passenger restraint system or a child booster seat. Children six years of age or older, or children who are at least 60 pounds, must use a safety belt, child restraint system or booster seat. Children weighing more than 40 pounds, who would otherwise be required to be secured in a booster seat, may be transported in the back seat while only wearing a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.

A person may escape the $25 penalty by demonstrating that the person obtained a child safety seat prior to or at his or her hearing which is satisfactory to the court or the party responsible for prosecuting the violator's citation. No points will be assessed against a person's driver's license for violating the child restraint provisions of this act. If there are more persons than there are seat belts in the car, then the passengers must sit in the area behind the front seat unless the vehicle is designed only for a front-seated area. This exception does not apply to passengers riding with an intermediate licensee. This act has an effective date of January 1, 2005. This portion of the act is substantially similar to SB 9 (2003), SB 647 (2002) and SB 549 (2001).

PRIMARY SEAT BELT ENFORCEMENT - This act permits a law enforcement officer to enforce the seat belt law if the violation is clearly visible to the officer without stopping the vehicle. The act provides noncompliance with the seat belt law shall not constitute probable cause for a search of the driver, passenger, or vehicle. The act also increases the seat belt fine from $10 to $15. This portion of the act is similar to SB 1260 (2004)(section 307.178).

AIRBAG FRAUD - This act makes it a class D felony to install an airbag that does not comply with federal standards or an airbag which has previously been installed in another motor vehicle without disclosing that fact (section 307.156).

BICYCLE SAFETY - This act provides for various measures relating to bicycle safety and the duties owed to bicyclists by motorists. The bicycle safety provisions have an effective date of January 1, 2005.

DESIGNATED BICYCLE LANES - This act prohibits blocking or obstructing a designated bicycle lane with a parked or standing motor vehicle. The act establishes standards for motorists crossing bicycle lanes (Section 300.330).

DEGREE OF CARE - This act requires drivers to exercise the highest degree of care to avoid colliding with pedestrians, bicyclists, and motorcyclists (Section 300.410- Model Traffic Ordinance, Sections 304.677 and 537.038).

PASSING A BICYCLIST - This act requires motorists to pass bicyclists with the highest degree of care by leaving a safe distance between the motor vehicle and the bicycle (no less than 3 feet) (Section 300.411-Model Traffic Ordinance and Section 304.678).

UNIFORM SCHOOL SPEED ZONES - This act allows counties and municipalities to establish a maximum speed limit within school zones of not less than 20 miles per hour. The counties and municipalities may establish a speed limit lower than 20 mph if it finds that a lower limit is needed to promote public safety. This act allows the county or municipality to double the fines for traffic violations that occur within a school zone (Section 304.675).

DEFINITION OF BICYCLE - This act modifies the definition of bicycle to include vehicles propelled by human power having two parallel wheels and one forward or rear wheel, all of which are more than 14" in diameter (Section 307.180).

APPROACHING AN INTERSECTION - This act requires bicyclists approaching a stop sign to slow down or stop before entering the intersection. The bicyclist shall yield the right-of-way to any vehicle in the intersection or approaching in such a manner to constitute an immediate hazard. Under this act, a bicyclist approaching a traffic light shall stop before entering the intersection, except that the bicyclist may cautiously make a right-hand turn without stopping (section 307.189).

RIDING ON SHOULDERS - This act provides that the riding of bicycles on shoulders shall be permitted unless local regulations or State Highways and Transportation Commission regulations provide otherwise. If shoulder travel is prohibited, it shall be clearly designated by sign (Section 307.191).

INVOLUNTARY MANSLAUGHTER - This act provides that recklessly causing the death of a person with a vehicle is first degree involuntary manslaughter. Recklessness shall be presumed if the operator of the vehicle passes too closely under the act or operates the vehicle in a manner inconsistent with federal, state or local law. The person's prior driving record (traffic violations) may be used as evidence in establishing a pattern, and thus the person's knowledge of habitual unsafe or illegal vehicle operation and conscious disregard of the substantial and unjustifiable risk of operation. The act also provides that operating a vehicle in manner that violates federal, state or local law and causes the death of another person is second degree involuntary manslaughter (Section 565.024).

ASSAULT - This act provides that recklessly causing serious physical injury to another person with a vehicle is 2nd degree assault. Recklessness shall be presumed if it is shown that the motorist overtook a bicyclist too closely by failing to leave a safe distance of at least three feet (Section 565.060). The act also provides that if a person operates a vehicle in a manner that violates a traffic law or regulation and the violation causes serious physical injury to another person, then the person is guilty of 3rd degree assault (Section 565.070).

DOR NOTIFICATION - Under this act, whenever Missouri driving statutes are altered, the Department of Revenue must notify Missouri motorists via public service announcements or other mass communication means of said changes before those changes become effective (Section 1).

STEPHEN WITTE