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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. 990
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
4880S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
repealed and one new section enacted in lieu thereof, to be 2
known as section 302.020, to read as follows:3
302.020. 1. Unless otherwise provided for by law, it 1
shall be unlawful for any person, except those expressly 2
exempted by section 302.080, to: 3
(1) Operate any vehicle upon any highway in this state 4
unless the person has a valid license; 5
(2) Operate a motorcycle or motortricycle upon any 6
highway of this state unless such person has a valid license 7
that shows the person has successfully passed an examination 8
for the operation of a motorcycle or motortricycle as 9
prescribed by the director. The director may indicate such 10
upon a valid license issued to such person, or shall issue a 11
license restricting the applicant to the operation of a 12
motorcycle or motortricycle if the actual demonstration, 13
required by section 302.173, is conducted on such vehicle; 14
(3) Authorize or knowingly permit a motorcycle or 15
motortricycle owned by such person or under such person's 16
control to be driven upon any highway by any person whose 17
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license does not indicate that the person has passed the 18
examination for the operation of a motorcycle or 19
motortricycle or has been issued an instruction permit 20
therefor; 21
(4) Operate a motor vehicle with an instruction permit 22
or license issued to another person. 23
2. Every person [under twenty-six years of age] who is 24
operating or riding as a passenger on any motorcycle or 25
motortricycle, as defined in section 301.010, upon any 26
highway of this state shall wear protective headgear at all 27
times the vehicle is in motion[; except that, any person 28
twenty-six years of age or older operating any motorcycle or 29
motortricycle who has been issued an instruction permit 30
shall wear protective headgear at all times the vehicle is 31
in motion]. The protective headgear shall meet reasonable 32
standards and specifications established by the director. 33
[No political subdivision of this state shall impose a 34
protective headgear requirement on the operator or passenger 35
of a motorcycle or motortricycle. No person shall be 36
stopped, inspected, or detained solely to determine 37
compliance with this subsection.] 38
3. Notwithstanding the provisions of section 302.340 39
any person convicted of violating subdivision (1) or (2) of 40
subsection 1 of this section is guilty of a misdemeanor. A 41
first violation of subdivision (1) or (2) of subsection 1 of 42
this section shall be punishable as a class D misdemeanor. 43
A second violation of subdivision (1) or (2) of subsection 1 44
of this section shall be punishable as a class A 45
misdemeanor. Any person convicted a third or subsequent 46
time of violating subdivision (1) or (2) of subsection 1 of 47
this section is guilty of a class E felony. Notwithstanding 48
the provisions of section 302.340, violation of subdivisions 49
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(3) and (4) of subsection 1 of this section is a 50
misdemeanor, the first violation punishable as a class D 51
misdemeanor, a second or subsequent violation of this 52
section punishable as a class C misdemeanor, and the penalty 53
for failure to wear protective headgear as required by 54
subsection 2 of this section is an infraction for which a 55
fine not to exceed twenty-five dollars may be imposed. 56
Notwithstanding all other provisions of law and court rules 57
to the contrary, no court costs shall be imposed upon any 58
person due to such violation. No points shall be assessed 59
pursuant to section 302.302 for a failure to wear such 60
protective headgear. Prior pleas of guilty and prior 61
findings of guilty shall be pleaded and proven in the same 62
manner as required by section 558.021. 63
[302.026. 1. Any qualified motorcycle 1
operator who is twenty-six years of age or older 2
may operate a motorcycle or motortricycle upon 3
any highway of this state without wearing 4
protective headgear if he or she in addition to 5
maintaining proof of financial responsibility in 6
accordance with chapter 303, is covered by a 7
health insurance policy or other form of 8
insurance which will provide the person with 9
medical benefits for injuries incurred as a 10
result of an accident while operating or riding 11
on a motorcycle or motortricycle. 12
2. Proof of coverage required by 13
subsection 1 of this section shall be provided, 14
upon request by authorized law enforcement, by 15
showing a copy of the qualified operator's 16
insurance card. 17
3. No person shall be stopped, inspected, 18
or detained solely to determine compliance with 19
this section.] 20
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