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SECOND REGULAR SESSION
HOUSE BILL NO. 31 19
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE REUTER.
6903H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 302.020 and 302.026, RSMo, and to enact in lieu thereof one new section
relating to mandatory protective headgear , with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 302.020 and 302.026, RSMo, are repealed and one new section
2 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,
2 except those expressly exempted by section 302.080, to:
3 (1) Operate any vehicle upon any highway in this state unless the person has a valid
4 license;
5 (2) Operate a motorcycle or motortricycle upon any highway of this state unless such
6 person has a valid license that shows the person has successfully passed an examination for
7 the operation of a motorcycle or motortricycle as prescribed by the director . The director may
8 indicate such upon a valid license issued to such person, or shall issue a license restricting the
9 applicant to the operation of a motorcycle or motortricycle if the actual demonstration,
10 required by section 302.173, is conducted on such vehicle;
11 (3) Authorize or knowingly permit a motorcycle or motortricycle owned by such
12 person or under such person's control to be driven upon any highway by any person whose
13 license does not indicate that the person has passed the examination for the operation of a
14 motorcycle or motortricycle or has been issued an instruction permit therefor;
15 (4) Operate a motor vehicle with an instruction permit or license issued to another
16 person.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 2. Every person [ under twenty-six years of age ] who is operating or riding as a
18 passenger on any motorcycle or motortricycle, as defined in section 301.010, upon any
19 highway of this state shall wear protective headgear at all times the vehicle is in motion[ ;
20 except that, any person twenty-six years of age or older operating any motorcycle or
21 motortricycle who has been issued an instruction permit shall wear protective headgear at all
22 times the vehicle is in motion ]. The protective headgear shall meet reasonable standards and
23 specifications established by the director . [ No political subdivision of this state shall impose
24 a protective headgear requirement on the operator or passenger of a motorcycle or
25 motortricycle. No person shall be stopped, inspected, or detained solely to determine
26 compliance with this subsection. ]
27 3. Notwithstanding the provisions of section 302.340 any person convicted of
28 violating subdivision (1) or (2) of subsection 1 of this section is guilty of a misdemeanor . A
29 first violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable as a
30 class D misdemeanor . A second violation of subdivision (1) or (2) of subsection 1 of this
31 section shall be punishable as a class A misdemeanor . Any person convicted a third or
32 subsequent time of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a
33 class E felony . Notwithstanding the provisions of section 302.340, violation of subdivisions
34 (3) and (4) of subsection 1 of this section is a misdemeanor , the first violation punishable as a
35 class D misdemeanor , a second or subsequent violation of this section punishable as a class C
36 misdemeanor , and the penalty for failure to wear protective headgear as required by
37 subsection 2 of this section is an infraction for which a fine not to exceed twenty-five dollars
38 may be imposed. Notwithstanding all other provisions of law and court rules to the contrary ,
39 no court costs shall be imposed upon any person due to such violation. No points shall be
40 assessed pursuant to section 302.302 for a failure to wear such protective headgear . Prior
41 pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as
42 required by section 558.021.
[ 302.026 . 1. Any qualified motorcycle operator who is twenty-six
2 years of age or older may operate a motorcycle or motortricycle upon any
3 highway of this state without wearing protective headgear if he or she in
4 addition to maintaining proof of financial responsibility in accordance with
5 chapter 303, is covered by a health insurance policy or other form of insurance
6 which will provide the person with medical benefits for injuries incurred as a
7 result of an accident while operating or riding on a motorcycle or
8 motortricycle.
9 2. Proof of coverage required by subsection 1 of this section shall be
10 provided, upon request by authorized law enforcement, by showing a copy of
11 the qualified operator's insurance card.
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12 3. No person shall be stopped, inspected, or detained solely to
13 determine compliance with this section. ]
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