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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. 1257
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR NURRENBERN.
3852S.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Section A. Section 307.179, RSMo, is repealed and one new 1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, except that a child under two years of age may be 23
secured in a forward-facing system when the child reaches 24
the highest rear-facing weight or height allowed by the 25
manufacturer of the particular car safety seat; 26
(2) Children less than four years of age, regardless 27
of weight, shall be secured in a child passenger restraint 28
system appropriate for that child; 29
[(2)] (3) Children weighing less than forty pounds, 30
regardless of age, shall be secured in a child passenger 31
restraint system appropriate for that child; 32
[(3)] (4) Children at least four years of age but less 33
than eight years of age[,]; who also weigh at least forty 34
pounds but less than eighty pounds[,]; and who are also less 35
than four feet, nine inches tall[,]; shall be secured in a 36
child passenger restraint system or booster seat appropriate 37
for that child; 38
[(4)] (5) Children at least eighty pounds [or children 39
more than]; at least four feet, nine inches in height; or at 40
least eight years of age shall be secured by a vehicle 41
safety belt [or booster seat appropriate for that child] 42
according to section 307.178; and 43
[(5)] (6) A child who otherwise would be required to 44
be secured in a booster seat may be transported in the back 45
seat of a motor vehicle while wearing only a lap belt if the 46
back seat of the motor vehicle is not equipped with a 47
combination lap and shoulder belt for booster seat 48
installation[; 49
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(6) When transporting children in the immediate family 50
when there are more children than there are seating 51
positions in the enclosed area of a motor vehicle, the 52
children who are not able to be restrained by a child safety 53
restraint device appropriate for the child shall sit in the 54
area behind the front seat of the motor vehicle unless the 55
motor vehicle is designed only for a front seat area. The 56
driver transporting children referred to in this subsection 57
is not in violation of this section]. 58
This subsection shall only apply to the use of a child 59
passenger restraint system or vehicle safety belt for 60
children less than sixteen years of age being transported in 61
a motor vehicle. 62
3. Any driver who violates [subdivision (1), (2), or 63
(3) of subsection 2 of] this section is guilty of an 64
infraction and, upon conviction, may be punished by a fine 65
of not more than fifty dollars and court costs. [Any driver 66
who violates subdivision (4) of subsection 2 of this section 67
shall be subject to the penalty in subsection 6 of section 68
307.178. If a driver receives a citation for violating 69
subdivision (1), (2), or (3) of subsection 2 of this 70
section, the charges shall be dismissed or withdrawn if the 71
driver prior to or at his or her hearing provides evidence 72
of acquisition of a child passenger restraint system or 73
child booster seat which is satisfactory to the court or the 74
party responsible for prosecuting the driver's citation.] 75
4. The provisions of this section shall not apply to 76
any public carrier for hire. The provisions of this section 77
shall not apply to students four years of age or older who 78
are passengers on a school bus designed for carrying eleven 79
passengers or more and which is manufactured or equipped 80
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pursuant to Missouri Minimum Standards for School Buses as 81
school buses are defined in section 301.010. 82
5. The highways and transportation commission shall 83
initiate and develop a program of public information to 84
develop understanding of, and ensure compliance with, the 85
provisions of this section. 86
✓