LOCAL LOG TRUCK - This act allows harvesting equipment to be transported upon a local log truck. The act also modifies the definition of local log truck and local log truck tractor by removing the phrase "used exclusively in this state" (section 301.010).

PRIMARY SEAT BELT ENFORCEMENT/CHILD BOOSTER SEATS - 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 (section 307.178). This act provides that if there are more persons than there are seat belts, then the passengers who are unable to wear seat belts shall sit in the area behind the front seat unless the vehicle is designed only for a front-seated area. This provision shall not apply to passengers who are accompanying a driver who possesses an intermediate driver's license (section 307.178).

This act requires children less than four years old to use an appropriate child passenger restraint system. The act requires children four years of age through five years of age to be secured in a child booster seat. Children six years of age or older must use a child passenger restraint system, child booster seat or safety belt appropriate for that child. The fine for violating this section is $25. No court costs shall be charged and no points shall be assessed. A person may avoid 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. This act is substantially similar to SCS/SB 221 et al (2005), SB 710 (2004), SB 9 (2003), SB 647 (2002) and SB 549 (2001)(sections 307.179 and 476.385).

AIRBAG FRAUD - Under this act, persons who install airbags that do not meet federal safety standards or install airbags that have been installed in another motor vehicle without disclosing such fact shall be guilty of a Class D felony (Section 307.156).

AFFIRMATIVE DEFENSE FOR PROCEEDING THROUGH REDLIGHT WITH A MOTORCYCLE ("DEAD RED")- This act provides that a person operating a motorcycle who enters or crosses an intersection controlled by a traffic-control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:

1) the motorcycle has been brought to a complete stop;

2) the traffic-control signal continues to show a red light for an unreasonable time;

3) the traffic-control signal is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and

4) no motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.

The affirmative defense applies only to a violation for entering or crossing an intersection controlled by a traffic-control signal against a red light and does not provide a defense to any other civil or criminal action (section 304.281).

CLUTCH’S LAW (FAILURE TO YIELD RIGHT OF WAY) - This act increases the penalties and imposes driver's license points on any person failing to yield the right-of-way when the violation results in physical injury, serious physical injury, or death to a person. Any person violating section 304.351 (failure to yield right-of-way) which results in physical injury will be assessed a fine of not less than $200 and have 8 points assessed against his or her driver's license. If a serious physical injury results, the person shall be guilty of a class B misdemeanor and a fine of not less than $500 surcharge will be imposed and 8 points will be assessed. If the failure to yield violation leads to a fatality, the person shall be guilty of a class A misdemeanor and a fine of not less than $1,000 will be imposed and 12 points will be assessed against his or her driver’s license (sections 302.302 and 304.351). This act is similar to SB 1192 (2004), SB 259 (2003), SB 1077 and HB 1534 (2002).

LANE RESTRICTION BY LARGE TRUCKS - This act prohibits trucks (in excess of 48,000 pounds) from being driven in the far left-hand lane on interstate highways, freeways or expressways in the urban areas of this state. This prohibition shall not apply in certain circumstances. This provision passed in HB 327 et al (omnibus transportation bill) in 2003, but was vetoed by the Governor. The act is also similar to SB 384 (2003) (Section 304.015).

NO PASSING WHEN MARKED WITH SOLID YELLOW STRIPE - This act prohibits driving to the left hand side of the a roadway when it is clearly marked with a solid yellow center stripe indicating a no passing zone or an unsafe location to overtake or drive to the left side of the roadway, except that this shall not apply when executing a lawful turn, overtaking a vehicle going less than 25 miles per hour, or when avoiding debris in the roadway (section 304.016).

ABANDONED MOTOR VEHICLES - Under this act, law enforcement officers may authorize a towing company to immediately move any vehicle left unattended on any interstate highway or freeway in an urbanized area. Currently, a vehicle must be abandoned for at least four hours (section 304.155).

HIGHWAY WORK ZONE PROTECTION - This act increases various penalties for offenses occurring within highway work zones or construction zones. Under this act, any person convicted of a second or subsequent moving violation within a work zone shall be assessed a fine of $75. The act provides that a person who is convicted of speeding or passing a vehicle within a work zone when a highway worker is present a second or subsequent time shall be assessed a fine of $300 in addition to any other fine authorized by law (section 304.582).

This act imposes 8 points on a person's license who commits the offense of endangerment of highway worker (license suspension) and 12 points for aggravated endangerment of a highway worker (license revocation).

The act also creates the crime of “endangerment of a highway worker.” The act provides that if a person commits the offense of endangerment of a highway worker in which no injury or death results the person shall be guilty of a class A misdemeanor and shall have their driver's license suspended. The person shall be guilty of aggravated endangerment of a highway worker if a death or injury results. If an a highway worker is injured, the person shall be guilty of a class D felony and shall have his or her license revoked. If a death results, the person shall be guilty of a class C felony and have his or her license revoked. A person commits the offense of endangerment of a highway worker if the motorist:

1) Exceeds the posted speed limit by 25 mph or more;

2) Passes another vehicle in a work zone and such offense results in the death or injury of a highway worker;

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

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

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

6) Commits various offenses in which points may be assessed under section 302.302.

TREATMENT OF PRIOR AND PERSISTENT OFFENDERS INVOLVING MUNICIPAL INTOXICATED-RELATED TRAFFIC OFFENSES - This act clarifies that the penalty enhancement provisions in 577.023 relating to prior/persistent offenders should be applied consistently whether in municipal, county, and state courts. Specifically, this act clarifies that when an individual is charged under a municipal ordinance the individual is not entitled to suspended imposition of sentence if he/she meets the definition and classification as prior or persistent offender under 577.023.1(2) and (3).

CERTIFICATION OF ALCOHOL RELATED REPORTS - This act requires alcohol related reports submitted to the Department of Revenue by law enforcement officers to be certified rather than verified. The act requires law enforcement officers to certify the alcohol arrest reports under penalties of perjury prior to filing the reports with the department (section 302.510 and 577.041). The reports shall be admissible as prima facie evidence at administrative hearings. The act repeals the requirement for license surrender in order to obtain a hearing on administrative alcohol arrests (section 302.530). These provisions are similar to ones contained in SB 490 (2003).

MOTORCYCLE HELMETS - This act allows motorcyclists 25 years of age or older to ride without a helmet (SA 1), provided that the motorcyclist meet certain liability and medical insurance requirements (SA 3).

AUTOMATED TRAFFIC ENFORCEMENT - This act authorizes St. Louis to adopt ordinances to use automated traffic control systems under certain circumstances (SA 2). This provision is similar to SB 240 (2005).

JAMES W. MINTON JR. MEMORIAL HIGHWAY - This act designates a portion of Highway 71 in Newton County as the "James W. Minton Jr. Memorial Highway" (SA 4).

STEPHEN WITTE