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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1007
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
5446S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 307.179, RSMo, and to enact in lieu thereof one new section relating to child
passenger restraint systems, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 307.179, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 307.179, 2
to read as follows:3
307.179. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Child booster seat", a seating system which meets 3
the Federal Motor Vehicle Safety Standards set forth in 49 4
C.F.R. 571.213, as amended, that is designed to elevate a 5
child to properly sit in a federally approved safety belt 6
system; 7
(2) "Child passenger restraint system", a seating 8
system which meets the Federal Motor Vehicle Safety 9
Standards set forth in 49 C.F.R. 571.213, as amended, and 10
which is either permanently affixed to a motor vehicle or is 11
affixed to such vehicle by a safety belt or a universal 12
attachment system; 13
(3) "Driver", a person who is in actual physical 14
control of a motor vehicle. 15
2. Every driver transporting a child under the age of 16
sixteen years shall be responsible, when transporting such 17
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child in a motor vehicle operated by that driver on the 18
streets or highways of this state, for providing for the 19
protection of such child as follows: 20
(1) Children shall be secured in a rear-facing child 21
passenger restraint system until the child reaches two years 22
of age; 23
(2) Children less than four years of age, regardless 24
of weight, shall be secured in a child passenger restraint 25
system appropriate for that child; 26
[(2)] (3) Children weighing less than forty pounds, 27
regardless of age, shall be secured in a child passenger 28
restraint system appropriate for that child; 29
[(3)] (4) Children at least four years of age but less 30
than eight years of age, who also weigh at least forty 31
pounds but less than eighty pounds, and who are also less 32
than four feet, nine inches tall, shall be secured in a 33
child passenger restraint system or booster seat appropriate 34
for that child; 35
[(4)] (5) Children at least eighty pounds or children 36
more than four feet, nine inches in height shall be secured 37
by a vehicle safety belt or booster seat appropriate for 38
that child; 39
[(5)] (6) A child who otherwise would be required to 40
be secured in a booster seat may be transported in the back 41
seat of a motor vehicle while wearing only a lap belt if the 42
back seat of the motor vehicle is not equipped with a 43
combination lap and shoulder belt for booster seat 44
installation; 45
[(6)] (7) When transporting children in the immediate 46
family when there are more children than there are seating 47
positions in the enclosed area of a motor vehicle, the 48
children who are not able to be restrained by a child safety 49
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restraint device appropriate for the child shall sit in the 50
area behind the front seat of the motor vehicle unless the 51
motor vehicle is designed only for a front seat area. The 52
driver transporting children referred to in this subsection 53
is not in violation of this section. 54
This subsection shall only apply to the use of a child 55
passenger restraint system or vehicle safety belt for 56
children less than sixteen years of age being transported in 57
a motor vehicle. 58
3. Any driver who violates subdivision (1), (2), [or] 59
(3), or (4) of subsection 2 of this section is guilty of an 60
infraction and, upon conviction, may be punished by a fine 61
of not more than fifty dollars and court costs. Any driver 62
who violates subdivision [(4)] (5) of subsection 2 of this 63
section shall be subject to the penalty in subsection 6 of 64
section 307.178. If a driver receives a citation for 65
violating subdivision (1), (2), [or] (3), or (4) of 66
subsection 2 of this section, the charges shall be dismissed 67
or withdrawn if the driver prior to or at his or her hearing 68
provides evidence of acquisition of a child passenger 69
restraint system or child booster seat which is satisfactory 70
to the court or the party responsible for prosecuting the 71
driver's citation. 72
4. The provisions of this section shall not apply to 73
any public carrier for hire. The provisions of this section 74
shall not apply to students four years of age or older who 75
are passengers on a school bus designed for carrying eleven 76
passengers or more and which is manufactured or equipped 77
pursuant to Missouri Minimum Standards for School Buses as 78
school buses are defined in section 301.010. 79
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5. The highways and transportation commission shall 80
initiate and develop a program of public information to 81
develop understanding of, and ensure compliance with, the 82
provisions of this section. 83
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