Missouri Senate

Perfected

SEAT BELTS/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 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 safety belt. The fine for violating this section is $25. No court costs shall be charged and no points shall be assessed. 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. This act is substantially similar to SB 710 (2004), SB 9 (2003), SB 647 (2002) and SB 549 (2001).

AIRBAGS - 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).

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 (Section 307.178).

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 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 (Class B misdemeanor)(Section 304.016).

TREATMENT OF PRIOR AND PERSISTENT OFFENDERS INVOLVING MUNICIPAL INTOXICATED-RELATED TRAFFIC OFFENSES - This act clarifies that the penalty enhancement provisions in Section 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 Section 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).

STEPHEN WITTE