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SECOND REGULAR SESSION
HOUSE BILL NO. 3388
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE JACOBS.
6901H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 307.178, RSMo, and to enact in lieu thereof one new section relating to
safety belt violations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 307.178, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 307.178, to read as follows:
307.178. 1. As used in this section, the term "passenger car" means every motor
2 vehicle designed for carrying ten persons or less and used for the transportation of persons;
3 except that, the term "passenger car" shall not include motorcycles, motorized bicycles, motor
4 tricycles, and trucks with a licensed gross weight of twelve thousand pounds or more.
5 2. Each driver , except persons employed by the United States Postal Service while
6 performing duties for that federal agency which require the operator to service postal boxes
7 from their vehicles, or which require frequent entry into and exit from their vehicles, and front
8 seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or
9 highway in this state, and persons less than eighteen years of age operating or riding in a
10 truck, as defined in section 301.010, on a street or highway of this state shall wear a properly
11 adjusted and fastened safety belt that meets federal National Highway , T ransportation and
12 Safety Act requirements. [ No person shall be stopped, inspected, or detained solely to
13 determine compliance with this subsection. ] The provisions of this section and section
14 307.179 shall not be applicable to persons who have a medical reason for failing to have a
15 seat belt fastened about their body , nor shall the provisions of this section be applicable to
16 persons while operating or riding a motor vehicle being used in agricultural work-related
17 activities. Noncompliance with this subsection shall not constitute probable cause for
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.
18 violation of any other provision of law . The provisions of this subsection shall not apply to
19 the transporting of children under sixteen years of age, as provided in section 307.179.
20 3. Each driver of a motor vehicle transporting a child less than sixteen years of age
21 shall secure the child in a properly adjusted and fastened restraint under section 307.179.
22 4. In any action to recover damages arising out of the ownership, common
23 maintenance or operation of a motor vehicle, failure to wear a safety belt in violation of this
24 section shall not be considered evidence of comparative negligence. Failure to wear a safety
25 belt in violation of this section may be admitted to mitigate damages, but only under the
26 following circumstances:
27 (1) Parties seeking to introduce evidence of the failure to wear a safety belt in
28 violation of this section must first introduce expert evidence proving that a failure to wear a
29 safety belt contributed to the injuries claimed by plaintif f;
30 (2) If the evidence supports such a finding, the trier of fact may find that the plaintif f's
31 failure to wear a safety belt in violation of this section contributed to the plaintif f's claimed
32 injuries, and may reduce the amount of the plaintif f's recovery by an amount not to exceed
33 one percent of the damages awarded after any reductions for comparative negligence.
34 5. Notwithstanding any other provision of law to the contrary , subsection 4 of this
35 section shall not apply to any action arising out of the design, construction, manufacture,
36 distribution, or sale of a motor vehicle, as defined in section 301.010, factory-equipped with a
37 safety belt. In such actions arising out of the design, construction, manufacture, distribution,
38 or sale of a motor vehicle, a plaintif f's failure to wear a properly adjusted and fastened safety
39 belt shall be admissible as evidence of comparative negligence or fault, causation, absence of
40 a defect or hazard, and failure to mitigate damages.
41 6. Except as otherwise provided for in section 307.179, each person who violates the
42 provisions of subsection 2 of this section is guilty of an infraction for which a fine not to
43 exceed ten dollars may be imposed. All other provisions of law and court rules to the
44 contrary notwithstanding, no court costs shall be imposed on any person due to a violation of
45 this section. In no case shall points be assessed against any person, pursuant to section
46 302.302, for a violation of this section.
47 7. The state highways and transportation commission shall initiate and develop a
48 program of public information to develop understanding of, and ensure compliance with, the
49 provisions of this section. The commission shall evaluate the ef fectiveness of this section and
50 shall include a report of its findings in the annual evaluation report on its highway safety plan
51 that it submits to NHTSA and FHW A pursuant to 23 U.S.C. Section 402.
52 8. If there are more persons than there are seat belts in the enclosed area of a motor
53 vehicle, then the passengers who are unable to wear seat belts shall sit in the area behind the
54 front seat of the motor vehicle unless the motor vehicle is designed only for a front-seated
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55 area. The passenger or passengers occupying a seat location referred to in this subsection is
56 not in violation of this section. This subsection shall not apply to passengers who are
57 accompanying a driver of a motor vehicle who is licensed under section 302.178.
✔
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