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MANDATORY
MOTORCYCLE HELMET LAW IN
MISSOURI |
STATUTE:
Title
XIX. Motor Vehicles,
Watercraft and Aviation.
Chapter 302. Drivers' and
Commercial Drivers'
Licenses. Section 302.020.
Operation of Motor Vehicle
Without Proper License
Prohibited -- Motorcycles --
Special License --
Protective Headgear --
Penalty. :
".
. . 2. Every person
operating or riding as a
passenger on any
motorcycle or motor
tricycle, 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.
. . ."
FINE:
Title
XIX. Motor Vehicles,
Watercraft and Aviation.
Chapter 302. Drivers' and
Commercial Drivers'
Licenses. Section 302.020.
Operation of Motor Vehicle
Without Proper License
Prohibited -- Motorcycles --
Special License --
Protective Headgear --
Penalty. :
".
. . 3. Notwithstanding the
provisions of section
302.340, the penalty for
failure to wear protective
headgear as required
by subsection 2 of this
section shall be 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 under section
302.302 for a failure to
wear such protective
headgear."
STANDARDS:
Title
XIX. Motor Vehicles,
Watercraft and Aviation.
Chapter 302. Drivers' and
Commercial Drivers'
Licenses. Section 302.020.
Operation of Motor Vehicle
Without Proper License
Prohibited -- Motorcycles --
Special License --
Protective Headgear --
Penalty. :
".
. . The protective
headgear shall meet
reasonable standards and
specifications established
by the director."
COURT
DECISIONS:
"This
section, prohibiting
operation of motorcycle on
state highways without
wearing protective headgear
is not violative of 14th
Amendment." State v.
Elliott (App. 1970) 459
S.W.2d 526.
"This
section, requiring wearing
of protective headgear by
motorcyclists, establishes a
sufficiently definite public
policy and merely leaving
details of implementation to
director is valid and is not
an unconstitutional
delegation of legislative
powers and does not deprive
motorcyclists of due
process." State v.
Cushman (Sup. 1970) 451
S.W.2d 17.
"This
section is not
unconstitutional as a
special law that makes an
unreasonable classification
between drivers of all other
vehicles and
motorcyclists." State
v. Cushman (Sup. 1970)
451 S.W.2d 17.
"This
section requiring
motorcyclist to wear
protective headgear does not
deny due process of law to
motorcyclist." State
v. Cushman (Sup. 1970)
451 S.W.2d 17.
"Provision
making it unlawful to
operate motorcycle without
wearing protective headgear
bears real and substantial
relationship to highway
safety generally and is
within police power of state
and is not
unconstitutional." State
v. Darrah (Sup. 1969)
446 S.W.2d 745.
"Points
are to be assessed by virtue
of s 302.302 against the
license of a person
convicted of operating a
motorcycle without wearing
headgear, in violation of
this section, as approved by
the director of
revenue." Op.Atty.Gen.
No. 119, David, 1-9-68.
CURRENT
ACTIVITY:
HB
770
- 12/11/03 - Missouri State
Rep. Dan Ward (D- St.
Francois County) has
pre-filed House Bill 770 for
the 2004 session, which
revises section 302.020 of
the Missouri Revised
Standards to allow persons
21 and older Freedom of
Choice whether or not to
ride with a helmet. Riders
in favor of this legislation
need to contact their
elected officials NOW to
express their support.
Contact them at Missouri
House of Representatives,
State Capitol Building, 201
West Capitol Avenue,
Jefferson City, Missouri
65101 or by phone at (573)
751-3659.
HB
137
requires operators of
motorcycles and motor
tricycles who are under 21
to wear protective headgear.
SB
226
exempts motorcyclists age 21
and older from wearing a
helmet when operating a
motorcycle or trike.
PAST
ACTIVITY:
Jan
30, 2002 - SB-646
- Exempts persons 21 years
of age or older from wearing
motorcycle helmets. Sponsor
- Sen. Danny Staples
(District 20). Last Action
1/30/02 - Voted "Do
Pass S Transportation
Committee."
July
13, 1999
- Governor vetoes bill...
May
12, 1999
- passed the House. Goes to
Governor for signature!
Congratulations Missouri!
Apr
28, 1999 - SB 294 passes
House in a vote of 93 to 35
goes back to Senate for
amendment approvals.
Feb
21, 1999
- SB 294 is awaiting its 3rd
reading and final passage in
the Senate. Only 18 votes
are needed to pass the
Senate and then go to House.
Feb
2, 1999
- the Senate Trans Committee
voted 6 to 1 in favor of
sending SB 294 to the Senate
floor for vote. Voting in
favor were: Senator Danny
Staples (Chair, 20th
District, D); Senator Ronny
DePasco (D-11th District);
Senator Ted House (D-2nd
District); Sam Graves
(R-12th District); Bill
Kenney (R-8th District); and
John Russell (R-33rd
District). The only
dissenting vote was cast by
Senator John Scott (D-3rd
District).
Jan
8, 1999
- Senator Danny Staples
(D-Eminence) introduced
Senate Bill SB-294, which
would require persons under
21 to wear helmets while
operating or riding as a
passenger on any motorcycle
or motor tricycle on any
highway in Missouri. This
legislation mirrors the
wording of Missouri House
Bill HB-184 as introduced in
December.
STATE
WEBSITES:
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