304.001.  Definitions for chapter 304 and chapter 307. — As used in this chapter and chapter 307, the following terms shall mean:

  (1)  "Abandoned property", any unattended motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel removed or subject to removal from public or private property as provided in sections 304.155 and 304.157, whether or not operational.  For any vehicle towed from the scene of an accident at the request of law enforcement and not retrieved by the vehicle's owner within five days of the accident, the agency requesting the tow shall be required to write an abandoned property report or a crime inquiry and inspection report;

  (2)  "Commercial vehicle enforcement officers", employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to enforce the laws, rules, and regulations pertaining to commercial vehicles, trailers, special mobile equipment and drivers of such vehicles;

  (3)  "Commercial vehicle inspectors", employees of the Missouri state highway patrol who are not members of the patrol but who are appointed by the superintendent of the highway patrol to supervise or operate permanent or portable weigh stations in the enforcement of commercial vehicle laws;

  (4)  "Commission", the state highways and transportation commission;

  (5)  "Department", the state transportation department;

  (6)  "Freeway", a divided state highway with four or more lanes, with no access to the throughways except the established interchanges and with no at-grade crossings;

  (7)  "Interstate highway", a state highway included in the national system of interstate highways located within the boundaries of Missouri, as officially designated or as may be hereafter designated by the state highways and transportation commission with the approval of the Secretary of Transportation, pursuant to Title 23, U.S.C., as amended;

  (8)  "Members of the patrol", the superintendent, lieutenant colonel, majors, captains, director of radio, lieutenants, sergeants, corporals and patrolmen of the Missouri state highway patrol;

  (9)  "Off-road vehicle", any vehicle designed for or capable of cross-country travel on or immediately over land, water, ice, snow, marsh, swampland, or other natural terrain without benefit of a road or trail:

  (a)  Including, without limitation, the following:

  a.  Jeeps;

  b.  All-terrain vehicles;

  c.  Dune buggies;

  d.  Multiwheel drive or low-pressure tire vehicles;

  e.  Vehicle using an endless belt, or tread or treads, or a combination of tread and low-pressure tires;

  f.  Motorcycles, trail bikes, minibikes and related vehicles;

  g.  Any other means of transportation deriving power from any source other than muscle or wind; and

  (b)  Excluding the following:

  a.  Registered motorboats;

  b.  Aircraft;

  c.  Any military, fire or law enforcement vehicle;

  d.  Farm-type tractors and other self-propelled equipment for harvesting and transporting farm or forest products;

  e.  Any vehicle being used for farm purposes, earth moving, or construction while being used for such purposes on the work site;

  f.  Self-propelled lawnmowers, or lawn or garden tractors, or golf carts, while being used exclusively for their designed purpose;

  g.  Any vehicle being used for the purpose of transporting a handicapped person;

  h.  Electric bicycles, as defined in section 301.010;

  (10)  "Person", any natural person, corporation, or other legal entity;

  (11)  "Right-of-way", the entire width of land between the boundary lines of a state highway, including any roadway;

  (12)  "Roadway", that portion of a state highway ordinarily used for vehicular travel, exclusive of the berm or shoulder;

  (13)  "State highway", a highway constructed or maintained by the state highways and transportation commission with the aid of state funds or United States government funds, or any highway included by authority of law in the state highway system, including all right-of-way;

  (14)  "Towing company", any person or entity which tows, removes or stores abandoned property;

  (15)  "Urbanized area", an area with a population of fifty thousand or more designated by the Bureau of the Census, within boundaries to be fixed by the state highways and transportation commission and local officials in cooperation with each other and approved by the Secretary of Transportation.  The boundary of an urbanized area shall, at a minimum, encompass the entire urbanized area as designed by the Bureau of the Census.

  304.005.  Autocycle — defined—protective headgear not required — valid driver's license required to operate. — 1.  As used in this section, the term "autocycle" means a three-wheeled motor vehicle which the drivers and passengers ride in a partially or completely enclosed nonstraddle seating area, that is designed to be controlled with a steering wheel and pedals, and that has met applicable Department of Transportation National Highway Traffic Safety Administration requirements or Federal Motorcycle Safety Standards.

  2.  Notwithstanding subsection 2 of section 302.020, a person operating or riding in an autocycle may not be required to wear protective headgear.

  3.  No person shall operate an autocycle on any highway or street in this state unless the person has a valid driver's license.  The operator of an autocycle, however, shall not be required to obtain a motorcycle or motortricycle license or endorsement pursuant to sections 302.010 to 302.340.

  304.009.  Speed limit — violation, penalty. — 1.  Notwithstanding the provisions of section 304.010, a speeding violation of section 304.010 which is over the posted speed limit by five miles per hour or less is an infraction.  The court costs assessed for a violation of this section shall be the same as the costs assessed pursuant to section 304.010.

  2.  No points shall be assessed pursuant to section 302.302 for any speeding violation which is over the posted speed limit by five miles per hour or less.

  3.  Notwithstanding any provisions of law to the contrary, a court may issue a warrant for failure to appear for any violation which is classified as an infraction.

  304.010.  Definitions — maximum speed limits — cities, towns, villages, certain counties, may set speed limit, how set — slower speeds set, when — violations, penalty. — 1.  As used in this section, the following terms mean:

  (1)  "Expressway", a divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which has crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway;

  (2)  "Freeway", a limited access divided highway of at least ten miles in length with four or more lanes which is not part of the federal interstate system of highways which does not have any crossovers or accesses from streets, roads or other highways at the same grade level as such divided highway within such ten miles of divided highway;

  (3)  "Rural interstate", that part of the federal interstate highway system that is not located in an urban area;

  (4)  "Urbanized area", an area of fifty thousand population at a density at or greater than one thousand persons per square mile.

  2.  Except as otherwise provided in this section, the uniform maximum speed limits are and no vehicle shall be operated in excess of the speed limits established pursuant to this section:

  (1)  Upon the rural interstates and freeways of this state, seventy miles per hour;

  (2)  Upon the rural expressways of this state, sixty-five miles per hour;

  (3)  Upon the interstate highways, freeways or expressways within the urbanized areas of this state, sixty miles per hour;

  (4)  All other roads and highways in this state not located in an urbanized area and not provided for in subdivisions (1) to (3) of this subsection, sixty miles per hour;

  (5)  All other roads provided for in subdivision (4) of this subsection shall not include any state two-lane road which is identified by letter.  Such lettered roads shall not exceed fifty-five miles per hour unless set at a higher speed as established by the department of transportation, except that no speed limit shall be set higher than sixty miles per hour;

  (6)  For the purposes of enforcing the speed limit laws of this state, it is a rebuttable presumption that the posted speed limit is the legal speed limit.

  3.  On any state road or highway where the speed limit is not set pursuant to a local ordinance, the highways and transportation commission may set a speed limit higher or lower than the uniform maximum speed limit provided in subsection 2 of this section, if a higher or lower speed limit is recommended by the department of transportation.  The department of public safety, where it believes for safety reasons, or to expedite the flow of traffic a higher or lower speed limit is warranted, may request the department of transportation to raise or lower such speed limit, except that no speed limit shall be set higher than seventy miles per hour.

  4.  Notwithstanding the provisions of section 304.120 or any other provision of law to the contrary, cities, towns and villages may regulate the speed of vehicles on state roads and highways within such cities', towns' or villages' corporate limits by ordinance with the approval of the state highways and transportation commission.  Any reduction of speed in cities, towns or villages shall be designed to expedite the flow of traffic on such state roads and highways to the extent consistent with public safety.  The commission may declare any ordinance void if it finds that such ordinance is:

  (1)  Not primarily designed to expedite traffic flow; and

  (2)  Primarily designed to produce revenue for the city, town or village which enacted such ordinance.  

­­

­

  5.  The county commission of any county of the second, third or fourth classification may set the speed limit or the weight limit or both the speed limit and the weight limit on roads or bridges on any county, township or road district road in the county and, with the approval of the state highways and transportation commission, on any state road or highway not within the limits of any incorporated city, town or village, lower than the uniform maximum speed limit as provided in subsection 2 of this section where the condition of the road or the nature of the area requires a lower speed.  The maximum speed limit set by the county commission of any county of the second, third, or fourth classification for any road under the commission's jurisdiction shall not exceed fifty-five miles per hour if such road is properly marked by signs indicating such speed limit.  If the county commission does not mark the roads with signs indicating the speed limit, the speed limit shall be fifty miles per hour.  The commission shall send copies of any order establishing a speed limit or weight limit on roads and bridges on a county, township or road district road in the county to the chief engineer of the state department of transportation, the superintendent of the state highway patrol and to any township or road district maintaining roads in the county.  After the roads have been properly marked by signs indicating the speed limits and weight limits set by the county commission, the speed limits and weight limits shall be of the same effect as the speed limits provided for in subsection 1 of this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits and weight limits were established by state law.

  6.  The county commission of any county of the second, third, or fourth classification may by ordinance set a countywide speed limit on roads within unincorporated areas of any county, township, or road district in the county and may establish reasonable speed regulations for motor vehicles within the limit of such county.  No person who is not a resident of such county and who has not been within the limits thereof for a continuous period of more than forty-eight hours shall be convicted of a violation of such ordinances, unless it is shown by competent evidence that there was posted at the place where the boundary of such county road enters the county a sign displaying in black letters not less than four inches high and one inch wide on a white background the speed fixed by such county so that such signs may be clearly seen by operators and drivers from their vehicles upon entering such county.  The commission shall send copies of any order establishing a countywide speed limit on a county, township, or road district road in the county to the chief engineer of the Missouri department of transportation, the superintendent of the state highway patrol, and to any township or road district maintaining roads in the county.  After the boundaries of the county roads entering the county have been properly marked by signs indicating the speed limits set by the county commission, the speed limits shall be of the same effect as the speed limits provided for in subsection 1 of this section and shall be enforced by the state highway patrol and the county sheriff as if such speed limits were established by state law.

  7.  All road signs indicating speed limits or weight limits shall be uniform in size, shape, lettering and coloring and shall conform to standards established by the department of transportation.

  8.  The provisions of this section shall not be construed to alter any speed limit set below fifty-five miles per hour by any ordinance of any county, city, town or village of the state adopted before March 13, 1996.

  9.  The speed limits established pursuant to this section shall not apply to the operation of any emergency vehicle as defined in section 304.022.

  10.  A violation of the provisions of this section shall not be construed to relieve the parties in any civil action on any claim or counterclaim from the burden of proving negligence or contributory negligence as the proximate cause of any accident or as the defense to a negligence action.

  11.  Any person violating the provisions of this section is guilty of a class C misdemeanor, unless such person was exceeding the posted speed limit by twenty miles per hour or more then it is a class B misdemeanor.

  304.011.  Slow speed, regulation of — agricultural implements, slower speeds, when, special permits required — penalties. — 1.  No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.  Peace officers may enforce the provisions of this section by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith, the continued slow operation by a driver is a misdemeanor.

  2.  No vehicle shall be operated at a speed of less than forty miles per hour on any highway which is part of the interstate system of highways, unless:

  (1)  A slower speed is required for the safe operation of the vehicle because of weather or other special conditions; or

  (2)  Agricultural implements, self-propelled hay-hauling equipment, implements of husbandry and vehicles transporting such vehicles or equipment may be operated occasionally on interstate highways for short distances at a speed of less than forty miles per hour if such vehicle or equipment is operated pursuant to a special permit issued by the chief engineer of the state department of transportation pursuant to section 304.200 and the regulations established pursuant to such section.

  3.  Any person who violates subsection 2 of this section is guilty of a class C misdemeanor.

  304.012.  Motorists to exercise highest degree of care — violation, penalty. — 1.  Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.

  2.  Any person who violates the provisions of this section is guilty of a class B misdemeanor, unless an accident is involved then it shall be a class A misdemeanor.

  304.013.  All-terrain vehicles, prohibited on highways, rivers or streams of this state, exceptions, operational requirements — special permits — prohibited uses — penalty. — 1.  No person shall operate an all-terrain vehicle, as defined in section 301.010, upon the highways of this state, except as follows:

  (1)  All-terrain vehicles owned and operated by a governmental entity for official use;

  (2)  All-terrain vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation;

  (3)  All-terrain vehicles operated by handicapped persons for short distances occasionally only on the state's secondary roads when operated between the hours of sunrise and sunset;

  (4)  Governing bodies of cities may issue special permits to licensed drivers for special uses of all-terrain vehicles on highways within the city limits.  Fees of fifteen dollars may be collected and retained by cities for such permits;

  (5)  Governing bodies of counties may issue special permits to licensed drivers for special uses of all-terrain vehicles on county roads within the county.  Fees of fifteen dollars may be collected and retained by the counties for such permits;

  (6)  Municipalities may by resolution or ordinance allow all-terrain vehicle operation on streets or highways under the governing body's jurisdiction.  Any person operating an all-terrain vehicle pursuant to a municipal resolution or ordinance shall maintain proof of financial responsibility in accordance with section 303.160 or maintain any other insurance policy providing equivalent liability coverage for an all-terrain vehicle.

  2.  No person shall operate an off-road vehicle within any stream or river in this state, except that off-road vehicles may be operated within waterways which flow within the boundaries of land which an off-road vehicle operator owns, or for agricultural purposes within the boundaries of land which an off-road vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this state at such road crossings as are customary or part of the highway system.  All law enforcement officials or peace officers of this state and its political subdivisions or department of conservation agents or department of natural resources park rangers shall enforce the provisions of this subsection within the geographic area of their jurisdiction.

  3.  A person operating an all-terrain vehicle on a highway pursuant to an exception covered in this section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle pursuant to subdivision (3) of subsection 1 of this section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than thirty miles per hour.  When operated on a highway, an all-terrain vehicle shall have a bicycle safety flag, which extends not less than seven feet above the ground, attached to the rear of the vehicle.  The bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and shall be day-glow in color.

  4.  No persons shall operate an all-terrain vehicle:

  (1)  In any careless way so as to endanger the person or property of another;

  (2)  While under the influence of alcohol or any controlled substance;

  (3)  Without a securely fastened safety helmet on the head of an individual who operates an all-terrain vehicle or who is being towed or otherwise propelled by an all-terrain vehicle, unless the individual is at least eighteen years of age.

  5.  No operator of an all-terrain vehicle shall carry a passenger, except for agricultural purposes.  The provisions of this subsection shall not apply to any all-terrain vehicle in which the seat of such vehicle is designed to carry more than one person.

  6.  A violation of this section shall be a class C misdemeanor.  In addition to other legal remedies, the attorney general or county prosecuting attorney may institute a civil action in a court of competent jurisdiction for injunctive relief to prevent such violation or future violations and for the assessment of a civil penalty not to exceed one thousand dollars per day of violation.

  304.014.  Rules of the road to be observed. — Every person operating or driving a vehicle upon the highways of this state shall observe and comply with the following rules of the road.

  304.015.  Drive on right of highway — traffic lanes — signs — violations, penalties. — 1.  All vehicles not in motion shall be placed with their right side as near the right-hand side of the highway as practicable, except on streets of municipalities where vehicles are obliged to move in one direction only or parking of motor vehicles is regulated by ordinance.

  2.  Upon all public roads or highways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

  (1)  When overtaking and passing another vehicle proceeding in the same direction pursuant to the rules governing such movement;

  (2)  When placing a vehicle in position for and when such vehicle is lawfully making a left turn in compliance with the provisions of sections 304.014 to 304.025 or traffic regulations thereunder or of municipalities;

  (3)  When the right half of a roadway is closed to traffic while under construction or repair;

  (4)  Upon a roadway designated by local ordinance as a one-way street and marked or signed for one-way traffic.

  3.  It is unlawful to drive any vehicle upon any highway or road which has been divided into two or more roadways by means of a physical barrier or by means of a dividing section or delineated by curbs, lines or other markings on the roadway, except to the right of such barrier or dividing section, or to make any left turn or semicircular or U-turn on any such divided highway, except at an intersection or interchange or at any signed location designated by the state highways and transportation commission or the department of transportation.  The provisions of this subsection shall not apply to emergency vehicles, law enforcement vehicles or to vehicles owned by the commission or the department.

  4.  The authorities in charge of any highway or the state highway patrol may erect signs temporarily designating lanes to be used by traffic moving in a particular direction, regardless of the center line of the highway, and all members of the Missouri highway patrol and other peace officers may direct traffic in conformance with such signs.  When authorized signs have been erected designating off-center traffic lanes, no person shall disobey the instructions given by such signs.

  5.  Whenever any roadway has been divided into three or more clearly marked lanes for traffic, the following rules in addition to all others consistent herewith shall apply:

  (1)  A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;

  (2)  Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane, except when overtaking and passing another vehicle where the roadway ahead is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is sign-posted to give notice of such allocation;

  (3)  Upon all highways any vehicle proceeding at less than the normal speed of traffic thereon shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb, except as otherwise provided in sections 304.014 to 304.025;

  (4)  Official signs may be erected by the highways and transportation commission or the highway patrol may place temporary signs directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign;

  (5)  Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and except when a roadway has been divided into traffic lanes, each driver shall give to the other at least one-half of the main traveled portion of the roadway whenever possible.

  6.  All vehicles in motion upon a highway having two or more lanes of traffic proceeding in the same direction shall be driven in the right-hand lane except when overtaking and passing another vehicle or when preparing to make a proper left turn or when otherwise directed by traffic markings, signs or signals.

  7.  All trucks registered for a gross weight of more than forty-eight thousand pounds shall not be driven in the far left-hand lane upon all interstate highways, freeways, or expressways within urbanized areas of the state having three or more lanes of traffic proceeding in the same direction.  This restriction shall not apply when:

  (1)  It is necessary for the operator of the truck to follow traffic control devices that direct use of a lane other than the right lane; or

  (2)  The right half of a roadway is closed to traffic while under construction or repair.

  8.  As used in subsection 7 of this section, "truck" means any vehicle, machine, tractor, trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways.  The term "truck" also includes a commercial motor vehicle as defined in section 301.010.

  9.  Violation of this section shall be deemed a class C misdemeanor unless such violation causes an immediate threat of an accident, in which case such violation shall be deemed a class B misdemeanor, or unless an accident results from such violation, in which case such violation shall be deemed a class A misdemeanor.

  304.016.  Passing regulations — violations, penalties. — 1.  The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the limitations and exceptions hereinafter stated:

  (1)  The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle; and

  (2)  Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of such driver's vehicle until completely passed by the overtaking vehicle.

  2.  The driver of a motor vehicle may overtake and pass to the right of another vehicle only under the following conditions:

  (1)  When the vehicle overtaken is making or about to make a left turn;

  (2)  Upon a city street with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction;

  (3)  Upon a one-way street;

  (4)  Upon any highway outside of a city with unobstructed pavement of sufficient width and clearly marked for four or more lines of traffic.  The driver of a motor vehicle may overtake and pass another vehicle upon the right only under the foregoing conditions when such movement may be made in safety.  In no event shall such movement be made by driving off the paved or main traveled portion of the roadway.  The provisions of this subsection shall not relieve the driver of a slow-moving vehicle from the duty to drive as closely as practicable to the right-hand edge of the roadway.

  3.  Except when a roadway has been divided into three traffic lanes, no vehicle shall be driven to the left side of the center line of a highway or public road in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.

  4.  No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

  (1)  When approaching the crest of a grade or upon a curve of the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

  (2)  When the view is obstructed upon approaching within one hundred feet of any bridge, viaduct, tunnel or when approaching within one hundred feet of or at any intersection or railroad grade crossing.

  5.  Violation of this section shall be deemed a class C misdemeanor.

  304.017.  Distance at which vehicle must follow, penalty. — 1.  The driver of a vehicle shall not follow another vehicle more closely than is reasonably safe and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the roadway.  Vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles, shall be so operated, except in a funeral procession or in a duly authorized parade, so as to allow sufficient space between each such vehicle or combination of vehicles as to enable any other vehicle to overtake or pass such vehicles in safety.  This section shall in no manner affect section 304.044 relating to distance between trucks traveling on the highway.

  2.  Violation of this section shall be deemed a class C misdemeanor.

  304.019.  Hand and mechanical signals, violations, penalty. — 1.  No person shall stop or suddenly decrease the speed of or turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety and then only after the giving of an appropriate signal in the manner provided herein.

  (1)  An operator or driver when stopping, or when checking the speed of the operator's vehicle, if the movement of other vehicles may reasonably be affected by such checking of speed, shall extend such operator's arm at an angle below horizontal so that the same may be seen in the rear of the vehicle;

  (2)  An operator or driver intending to turn the operator's vehicle to the right shall extend such operator's arm at an angle above horizontal so that the same may be seen in front of and in the rear of the vehicle, and shall slow down and approach the intersecting highway as near as practicable to the right side of the highway along which such operator is proceeding before turning;

  (3)  An operator or driver intending to turn the operator's vehicle to the left shall extend such operator's arm in a horizontal position so that the same may be seen in the rear of the vehicle, and shall slow down and approach the intersecting highway so that the left side of the vehicle shall be as near as practicable to the center line of the highway along which the operator is proceeding before turning;

  (4)  The signals herein required shall be given either by means of the hand and arm or by a signal light or signal device in good mechanical condition of a type approved by the state highway patrol; however, when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle then such signals shall be given by such light or device.  A vehicle shall be considered as so constructed or loaded that a hand and arm signal would not be visible both to the front and rear when the distance from the center of the top of the steering post to the left outside limit of the body, cab or load exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereon exceeds fourteen feet, which limit of fourteen feet shall apply to single vehicles or combinations of vehicles.  The provisions of this subdivision shall not apply to any trailer which does not interfere with a clear view of the hand signals of the operator or of the signaling device upon the vehicle pulling such trailer; provided further that the provisions of this section as far as mechanical devices on vehicles so constructed that a hand and arm signal would not be visible both to the front and rear of such vehicle as above provided shall only be applicable to new vehicles registered within this state after the first day of January, 1954.

  2.  Violation of this section shall be deemed a class C misdemeanor.

  *304.022.  Emergency and stationary vehicles — use of lights and sirens — right-of-way — procedure — penalty. — 1.  Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle or a flashing blue light authorized by section 307.175, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of, the traveled portion of the highway and thereupon stop and remain in such position until such emergency vehicle has passed, except when otherwise directed by a police or traffic officer.

  2.  Upon approaching a stationary vehicle displaying lighted red or red and blue lights, or a stationary vehicle displaying lighted amber or amber and white lights, the driver of every motor vehicle shall:

  (1)  Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

  (2)  Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.

  3.  The motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the emergency vehicle has passed, except as otherwise directed by a police or traffic officer.

  4.  An "emergency vehicle" is a vehicle of any of the following types:

  (1)  A vehicle operated by the state highway patrol, the state water patrol, the Missouri capitol police, a conservation agent, or a state or a county or municipal park ranger, those vehicles operated by enforcement personnel of the state highways and transportation commission, police or fire department, sheriff, constable or deputy sheriff, federal law enforcement officer authorized to carry firearms and to make arrests for violations of the laws of the United States, traffic officer, coroner, medical examiner, or forensic investigator of the county medical examiner's office, or by a privately owned emergency vehicle company;

  (2)  A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;

  (3)  Any vehicle qualifying as an emergency vehicle pursuant to section 307.175;

  (4)  Any wrecker, or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;

  (5)  Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;

  (6)  Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of chapter 44;

  (7)  Any vehicle operated by an authorized employee of the department of corrections who, as part of the employee's official duties, is responding to a riot, disturbance, hostage incident, escape or other critical situation where there is the threat of serious physical injury or death, responding to mutual aid call from another criminal justice agency, or in accompanying an ambulance which is transporting an offender to a medical facility;

  (8)  Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of sections 260.500 to 260.550;

  (9)  Any vehicle owned by the state highways and transportation commission and operated by an authorized employee of the department of transportation that is marked as a department of transportation emergency response or motorist assistance vehicle; or

  (10)  Any vehicle owned and operated by the civil support team of the Missouri National Guard while in response to or during operations involving chemical, biological, or radioactive materials or in support of official requests from the state of Missouri involving unknown substances, hazardous materials, or as may be requested by the appropriate state agency acting on behalf of the governor.

  5.  (1)  The driver of any vehicle referred to in subsection 4 of this section shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.

  (2)  The driver of an emergency vehicle may:

  (a)  Park or stand irrespective of the provisions of sections 304.014 to 304.025;

  (b)  Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

  (c)  Exceed the prima facie speed limit so long as the driver does not endanger life or property;

  (d)  Disregard regulations governing direction of movement or turning in specified directions.

  (3)  The exemptions granted to an emergency vehicle pursuant to subdivision (2) of this subsection shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light or blue light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle.

  6.  No person shall purchase an emergency light as described in this section without furnishing the seller of such light an affidavit stating that the light will be used exclusively for emergency vehicle purposes.

  7.  Violation of this section shall be deemed a class A misdemeanor.

  *304.022.  Emergency and stationary vehicles — use of lights and sirens — right-of-way — procedure — penalty. — 1.  Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle or a flashing blue light authorized by section 307.175, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of, the traveled portion of the highway and thereupon stop and remain in such position until such emergency vehicle has passed, except when otherwise directed by a police or traffic officer.

  2.  Upon approaching a stationary vehicle displaying lighted red or red and blue lights, or a stationary vehicle displaying lighted amber or amber and white lights, the driver of every motor vehicle shall:

  (1)  Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

  (2)  Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.

  3.  The motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the emergency vehicle has passed, except as otherwise directed by a police or traffic officer.

  4.  An "emergency vehicle" is a vehicle of any of the following types:

  (1)  A vehicle operated by the state highway patrol, the state water patrol, the Missouri capitol police, a conservation agent, or a state park ranger, those vehicles operated by enforcement personnel of the state highways and transportation commission, police or fire department, sheriff, constable or deputy sheriff, federal law enforcement officer authorized to carry firearms and to make arrests for violations of the laws of the United States, traffic officer, coroner, medical examiner, or forensic investigator of the county medical examiner's office, or by a privately owned emergency vehicle company;

  (2)  A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;

  (3)  Any vehicle qualifying as an emergency vehicle pursuant to section 307.175;

  (4)  Any wrecker, or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;

  (5)  Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;

  (6)  Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of chapter 44;

  (7)  Any vehicle operated by an authorized employee of the department of corrections who, as part of the employee's official duties, is responding to a riot, disturbance, hostage incident, escape or other critical situation where there is the threat of serious physical injury or death, responding to mutual aid call from another criminal justice agency, or in accompanying an ambulance which is transporting an offender to a medical facility;

  (8)  Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of sections 260.500 to 260.550;

  (9)  Any vehicle owned by the state highways and transportation commission and operated by an authorized employee of the department of transportation that is marked as a department of transportation emergency response or motorist assistance vehicle; or

  (10)  Any vehicle owned and operated by the civil support team of the Missouri National Guard while in response to or during operations involving chemical, biological, or radioactive materials or in support of official requests from the state of Missouri involving unknown substances, hazardous materials, or as may be requested by the appropriate state agency acting on behalf of the governor.

  5.  (1)  The driver of any vehicle referred to in subsection 4 of this section shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.

  (2)  The driver of an emergency vehicle may:

  (a)  Park or stand irrespective of the provisions of sections 304.014 to 304.025;

  (b)  Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

  (c)  Exceed the prima facie speed limit so long as the driver does not endanger life or property;

  (d)  Disregard regulations governing direction of movement or turning in specified directions.

  (3)  The exemptions granted to an emergency vehicle pursuant to subdivision (2) of this subsection shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light or blue light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle.

  6.  No person shall purchase an emergency light as described in this section without furnishing the seller of such light an affidavit stating that the light will be used exclusively for emergency vehicle purposes.

  7.  Violation of this section shall be deemed a class A misdemeanor.

  304.023.  Passing stopped streetcars, penalty. — 1.  An operator or driver of a motor vehicle shall stop same not less than eight feet from the rear of any streetcar going in the same direction which has stopped for the purpose of taking on or discharging passengers, and shall remain standing until such car has taken on or discharged such passengers; provided, however, said driver or operator may pass such car where a safety zone is established by the proper authorities, providing, however, that in passing such streetcar the operator shall proceed at a speed not faster than is reasonable and with due caution for the safety of pedestrians under the circumstances then and there existing.

  2.  Violation of this section is a class C misdemeanor.

  304.024.  Crosswalks and parking regulations established — signs — violation, an infraction. — 1.  The state highways and transportation commission with respect to highways under its jurisdiction may erect or place signs establishing crossovers or crosswalks or prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion such stopping, standing, or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon.  Such signs shall be official signs and no person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs.

  2.  Violation of this section shall be deemed an infraction.

  304.025.  Highway and vehicle defined. — 1.  The word "highway" whenever used in sections 304.014 to 304.026 shall mean any public road or thoroughfare for vehicles, including state roads, county roads and public streets, avenues, boulevards, parkways or alleys in any municipality.

  2.  The word "vehicle" whenever used in sections 304.014 to 304.026 shall mean any device operated on highways, except those used exclusively on rails or tracks.

  304.027.  Spinal cord injury fund created, uses — surcharge imposed, when. — 1.  There is hereby created in the state treasury for use by the board of curators of the University of Missouri a fund to be known as the "Spinal Cord Injury Fund".  All judgments collected pursuant to this section, appropriations of the general assembly, federal grants, private donations and any other moneys designated for the spinal cord injury fund established pursuant to this section, shall be deposited in the fund.  Moneys deposited in the fund shall, upon appropriation by the general assembly to the board of curators, be received and expended by the board for the purpose of funding research projects that promote an advancement of knowledge in the area of spinal cord injury.  Notwithstanding the provisions of section 33.080 to the contrary, any unexpended balance in the spinal cord injury fund at the end of any biennium shall not be transferred to the general revenue fund.

  2.  In all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of this state, including an infraction, there shall be assessed as costs a surcharge in the amount of two dollars.  No such surcharge shall be collected in any proceeding involving a violation of an ordinance or state law when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality.  Such surcharge shall be collected and disbursed by the clerk of the court as provided by sections 488.010 to 488.020.  The surcharge collected pursuant to this section shall be paid into the state treasury to the credit of the spinal cord injury fund created in this section.

  304.028.  Brain injury fund created, moneys in fund, uses — surcharge imposed, when. — 1.  There is hereby created in the state treasury for use by the department of health and senior services a fund to be known as the "Brain Injury Fund".  All judgments collected pursuant to this section, federal grants, private donations and any other moneys designated for the brain injury fund shall be deposited in the fund.  Moneys deposited in the fund shall, upon appropriation by the general assembly to the department of health and senior services, be received and expended by the department for the purpose of transition and integration of medical, social and educational services or activities for purposes of outreach and supports to enable individuals with traumatic brain injury and their families to live in the community.  Notwithstanding the provisions of section 33.080 to the contrary, any unexpended balance in the brain injury fund at the end of any biennium shall not be transferred to the general revenue fund.

  2.  In all criminal cases including violations of any county ordinance or any violation of criminal or traffic laws of this state, including an infraction, there shall be assessed as costs a surcharge in the amount of two dollars.  No such surcharge shall be collected in any proceeding involving a violation of an ordinance or state law when the proceeding or defendant has been dismissed by the court or when costs are to be paid by the state, county or municipality.

  3.  Such surcharge shall be collected and distributed by the clerk of the court as provided in sections 488.010 to 488.020.  The surcharge collected pursuant to this section shall be paid to the state treasury to the credit of the brain injury fund established in this section.

  304.029.  Operation of low-speed vehicles on highway, permitted when — exemptions. — 1.  Notwithstanding any other law to the contrary, a low-speed vehicle may be operated upon a highway in the state if it meets the requirements of this section.  Every person operating a low-speed vehicle shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other motor vehicle except as to the special regulations in this section and except as to those provisions which by their nature can have no application.

  2.  The operator of a low-speed vehicle shall observe all traffic laws and local ordinances regarding the rules of the road.  A low-speed vehicle shall not be operated on a street or a highway with a posted speed limit greater than thirty-five miles per hour.  The provisions of this subsection shall not prohibit a low-speed vehicle from crossing a street or highway with a posted speed limit greater than thirty-five miles per hour.

  3.  A low-speed vehicle shall be exempt from the requirements of sections 307.350 to 307.402 for purposes of titling and registration.  Low-speed vehicles shall comply with the standards in 49 CFR 571.500, as amended.

  4.  Every operator of a low-speed vehicle shall maintain financial responsibility on such low-speed vehicle as required by chapter 303 if the low-speed vehicle is to be operated upon the highways of this state.

  5.  Each person operating a low-speed vehicle on a highway in this state shall possess a valid driver's license issued pursuant to chapter 302.

  6.  For purposes of this section a "low-speed vehicle" shall have the meaning ascribed to it in 49 CFR, section 571.3, as amended.

  7.  All low-speed vehicles shall be manufactured in compliance with the National Highway Traffic Safety Administration standards for low-speed vehicles in 49 CFR 571.500, as amended.

  8.  Nothing in this section shall prevent county or municipal governments from adopting more stringent local ordinances governing low-speed vehicle operation if the governing body of the county or municipality determines that such ordinances are necessary in the interest of public safety.  The department of transportation may prohibit the operation of low-speed vehicles on any highway under its jurisdiction if it determines that the prohibition is necessary in the interest of public safety.

  304.030.  Certain buses and trucks to stop at railroad crossing, when — exception, requirements. — Every motor vehicle transporting passengers, for hire, every school bus, and every motor vehicle transporting high explosives, or poisonous or compressed inflammable gases, and every motor vehicle used for the transportation of inflammable or corrosive liquids in bulk, whether loaded or empty, shall, upon approaching any railroad grade crossing, other than a crossing that is specifically exempted from the stopping requirement by order of the division of motor carrier and railroad safety of the department of economic development, be brought to a full stop within fifty feet, but not less than fifteen feet, from the nearest rail of such railroad grade crossing, and shall not proceed until due caution has been taken to ascertain that the course is clear, except that such full stop shall not be required at a streetcar crossing within a business or residence district, nor at a railroad grade crossing protected by a watchman or traffic officer on duty or by a traffic control signal (not railroad flashing signal) giving positive indication to approaching vehicles to proceed, nor when the division of motor carrier and railroad safety has ordered the placement of an exempt sign at the crossing.

  304.031.  Traffic signal preemption system, use of, permitted when — violations, penalty. — 1.  As used in this section, "Traffic Signal Preemption System (TSPS)" shall mean a traffic-control system designated for use by emergency vehicles, as defined in this section, to improve traffic movement by temporarily controlling signalized intersections.

  2.  The owner of a traffic control signal may authorize use of a TSPS by the following persons for the following purposes:

  (1)  An authorized operator in an authorized emergency vehicle, or an authorized person who is an employee or member of an agency or entity which operates emergency vehicles, who may activate a TSPS from a station where the entity's emergency vehicles are based to control a traffic signal near that station, in order to improve the safety and efficiency of emergency response operations;

  (2)  An authorized operator in a bus, in order to interrupt the cycle of the traffic control signal in such a way as to keep the green light showing for longer than it otherwise would;

  (3)  An authorized operator in a traffic signal maintenance vehicle, in order to facilitate traffic signal maintenance activities.

  3.  A TSPS used by an authorized person in an emergency vehicle or at a station where emergency vehicles are stationed shall preempt and override a device operated by any other person.

  4.  A traffic control signal operating device used as authorized under this section must operate in such a way that the device does not continue to control the signal once the vehicle containing the device has arrived at the intersection, regardless of whether the vehicle remains at the intersection.  No motor vehicle driver shall be convicted of any traffic violation if there is evidence that TSPS has been used by a government official to improperly change the sequence of the traffic signals.

  5.  It shall be unlawful for any person not approved herein to use a TSPS to control traffic.

  6.  Violation of this section shall be deemed a class B misdemeanor.

  304.032.  Utility vehicles, operation on highway and in streams or rivers prohibited — exceptions — passengers prohibited — violations, penalty. — 1.  No person shall operate a utility vehicle, as defined in section 301.010, upon the highways of this state, except as follows:

  (1)  Utility vehicles owned and operated by a governmental entity for official use;

  (2)  Utility vehicles operated for agricultural purposes or industrial on-premises purposes between the official sunrise and sunset on the day of operation, unless equipped with proper lighting;

  (3)  Utility vehicles operated by handicapped persons for short distances occasionally only on the state's secondary roads when operated between the hours of sunrise and sunset;

  (4)  Governing bodies of cities may issue special permits for utility vehicles to be used on highways within the city limits by licensed drivers.  Fees of fifteen dollars may be collected and retained by cities for such permits;

  (5)  Governing bodies of counties may issue special permits for utility vehicles to be used on county roads within the county by licensed drivers.  Fees of fifteen dollars may be collected and retained by the counties for such permits;

  (6)  Municipalities may by resolution or ordinance allow utility vehicle operation on streets or highways under the governing body's jurisdiction.  Any person operating a utility vehicle pursuant to a municipal resolution or ordinance shall maintain proof of financial responsibility in accordance with section 303.160 or maintain any other insurance policy providing equivalent liability coverage for a utility vehicle.

  2.  No person shall operate a utility vehicle within any stream or river in this state, except that utility vehicles may be operated within waterways which flow within the boundaries of land which a utility vehicle operator owns, or for agricultural purposes within the boundaries of land which a utility vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this state at such road crossings as are customary or part of the highway system.  All law enforcement officials or peace officers of this state and its political subdivisions or department of conservation agents or department of natural resources park rangers shall enforce the provisions of this subsection within the geographic area of their jurisdiction.

  3.  A person operating a utility vehicle on a highway pursuant to an exception covered in this section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle under subdivision (3) of subsection 1 of this section, but shall not be required to have passed an examination for the operation of a motorcycle, and the vehicle shall be operated at speeds of less than forty-five miles per hour.

  4.  No persons shall operate a utility vehicle:

  (1)  In any careless way so as to endanger the person or property of another; or

  (2)  While under the influence of alcohol or any controlled substance.

  5.  No operator of a utility vehicle shall carry a passenger, except for agricultural purposes.  The provisions of this subsection shall not apply to any utility vehicle in which the seat of such vehicle is designed to carry more than one person.

  6.  A violation of this section shall be a class C misdemeanor.  In addition to other legal remedies, the attorney general or county prosecuting attorney may institute a civil action in a court of competent jurisdiction for injunctive relief to prevent such violation or future violations and for the assessment of a civil penalty not to exceed one thousand dollars per day of violation.

  304.033.  Recreational off-highway vehicles, operation on highways prohibited, exceptions — operation within streams and rivers prohibited, exceptions — license required for operation, exception. — 1.  No person shall operate a recreational off-highway vehicle, as defined in section 301.010, upon the highways of this state, except as follows:

  (1)  Recreational off-highway vehicles owned and operated by a governmental entity for official use;

  (2)  Recreational off-highway vehicles operated for agricultural purposes or industrial on-premises purposes;

  (3) Recreational off-highway vehicles operated within three miles of the operator's primary residence.  The provisions of this subdivision shall not authorize the operation of a recreational off-highway vehicle in a municipality unless such operation is authorized by such municipality as provided for in subdivision (5) of this subsection;

  (4)  Recreational off-highway vehicles operated by handicapped persons for short distances occasionally only on the state's secondary roads;

  (5)  Governing bodies of cities may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on highways within the city limits.  Fees of fifteen dollars may be collected and retained by cities for such permits;

  (6)  Governing bodies of counties may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on county roads within the county.  Fees of fifteen dollars may be collected and retained by the counties for such permits.

  2.  No person shall operate a recreational off-highway vehicle within any stream or river in this state, except that recreational off-highway vehicles may be operated within waterways which flow within the boundaries of land which a recreational off-highway vehicle operator owns, or for agricultural purposes within the boundaries of land which a recreational off-highway vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this state at such road crossings as are customary or part of the highway system.  All law enforcement officials or peace officers of this state and its political subdivisions or department of conservation agents or department of natural resources park rangers shall enforce the provisions of this subsection within the geographic area of their jurisdiction.

  3.  A person operating a recreational off-highway vehicle on a highway pursuant to an exception covered in this section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle pursuant to subdivision (4) of subsection 1 of this section, but shall not be required to have passed an examination for the operation of a motorcycle.  An individual shall not operate a recreational off-highway vehicle upon ^* a highway in this state without displaying a lighted headlamp and a lighted tail lamp.  A person may not operate a recreational off-highway vehicle upon a highway of this state unless such person wears a seat belt.  When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover.

  304.034.  Municipalities may regulate golf cart and motorized wheelchair usage on streets and highways. — 1.  Notwithstanding any other law to the contrary, the governing body of any municipality may by resolution or ordinance allow persons to operate golf carts or motorized wheelchairs upon any street or highway under the governing body's jurisdiction.  A golf cart or motorized wheelchair shall not be operated at any time on any state or federal highway, but may be operated upon such highway in order to cross a portion of the state highway system which intersects a municipal street.  No golf cart or motorized wheelchair shall cross any highway at an intersection where the highway being crossed has a posted speed limit of more than forty-five miles per hour.

  2.  Golf carts operated on city streets shall be equipped with adequate brakes and shall meet any other safety requirements imposed by the governing body.  Golf carts are not subject to the registration provisions of chapter 301.

  3.  As used in this section, a "golf cart" means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of twenty miles per hour.

  304.035.  Stop required at railroad grade crossing, when — commercial motor vehicles, speed at crossings — penalty. — 1.  When any person driving a vehicle approaches a railroad grade crossing, the driver of the vehicle shall operate the vehicle in a manner so he will be able to stop, and he shall stop the vehicle not less than fifteen feet and not more than fifty feet from the nearest rail of the railroad track and shall not proceed until he can safely do so if:

  (1)  A clearly visible electric or mechanical signal device warns of the approach of a railroad train; or

  (2)  A crossing gate is lowered or when a human flagman gives or continues to give a signal or warning of the approach or passage of a railroad train; or

  (3)  An approaching railroad train is visible and is in hazardous proximity to such crossing; or

  (4)  Any other traffic sign, device or any other act, rule, regulation or statute requires a vehicle to stop at a railroad grade crossing.

  2.  No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing when a train is approaching while such gate or barrier is closed or is being opened or closed.

  3.  No person shall drive a vehicle through a railroad crossing when there is not sufficient space to drive completely through the crossing.

  4.  No person shall drive a vehicle through a railroad crossing unless such vehicle has sufficient undercarriage clearance necessary to prevent the undercarriage of the vehicle from contacting the railroad crossing.

  5.  Every commercial motor vehicle as defined in section 302.700 shall, upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said commercial motor vehicle to be stopped before reaching the nearest rail of such crossing and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear.  This section does not apply to vehicles which are required to stop at railroad crossings pursuant to section 304.030.

  6.  Any person violating the provisions of this section is guilty of a class C misdemeanor.

  304.040.  Failure to stop, penalty. — Any person violating the provisions of section 304.030 shall be deemed guilty of a misdemeanor.

  304.044.  Buses and trucks not to follow within three hundred feet — penalty. — 1.  The following terms as used in this section shall mean:

  (1)  "Bus", any vehicle or motor car designed and used for the purpose of carrying more than seven persons;

  (2)  "Truck", any vehicle, machine, tractor, trailer or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed or used in the transportation of property upon the highways.

  2.  The driver of any truck or bus, when traveling upon a public highway of this state outside of a business or residential district, shall not follow within three hundred feet of another such vehicle; provided, the provisions of this section shall not be construed to prevent the overtaking and passing, by any such truck or bus, of another similar vehicle.

  3.  Any person who shall violate the provisions of this section shall be deemed guilty of a class C misdemeanor, and upon conviction thereof shall be punished accordingly.

  304.050.  School buses, drivers to stop for, when — signs required on buses — crossing control arm — bus driver responsibilities — driver identity rebuttable presumption, when (Jessica's Law). — 1.  (1)  The driver of a vehicle upon a highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the purpose of receiving or discharging any school children and whose driver has in the manner prescribed by law given the signal to stop, shall stop the vehicle before reaching such school bus and shall not proceed until such school bus resumes motion, or until signaled by its driver to proceed.

  (2)  School buses under the provisions of subsections 1, 2, 5, 6, 7, 8, and 9 of this section shall include Head Start buses that have been certified by the Missouri highway patrol as meeting the provisions of section 307.375, are operated by a holder of a valid school bus endorsed commercial driver's license, and who meet the equivalent medical requirements prescribed in section 162.064, and which are transporting Head Start students to and from Head Start.

  2.  Every bus used for the transportation of school children shall bear upon the front and rear thereon a plainly visible sign containing the words "school bus" in letters not less than eight inches in height.  Each bus shall have lettered on the rear in plain and distinct type the following:  "State Law:  Stop while bus is loading and unloading".  Each school bus subject to the provisions of sections 304.050 to 304.070 shall be equipped with a mechanical and electrical signaling device approved by the state board of education, which will display a signal plainly visible from the front and rear and indicating intention to stop.

  3.  Every school bus operated to transport students in the public school system which has a gross vehicle weight rating of more than ten thousand pounds, which has the engine mounted entirely in front of the windshield and the entrance door behind the front wheels, and which is used for the transportation of school children shall be equipped no later than August 1, 1998, with a crossing control arm.  The crossing control arm, when activated, shall extend a minimum of five feet six inches from the face of the front bumper.  The crossing control arm shall be attached on the right side of the front bumper and shall be activated by the same controls which activate the mechanical and electrical signaling devices described in subsection 2 of this section.  This subsection may be cited as "Jessica's Law" in commemoration of Jessica Leicht and all other Missouri schoolchildren who have been injured or killed during the operation of a school bus.

  4.  Except as otherwise provided in this section, the driver of a school bus in the process of loading or unloading students upon a street or highway shall activate the mechanical and electrical signaling devices, in the manner prescribed by the state board of education, to communicate to drivers of other vehicles that students are loading or unloading.  A public school district shall have the authority pursuant to this section to adopt a policy which provides that the driver of a school bus in the process of loading or unloading students upon a divided highway of four or more lanes may pull off of the main roadway and load or unload students without activating the mechanical and electrical signaling devices in a manner which gives the signal for other drivers to stop and may use the amber signaling devices to alert motorists that the school bus is slowing to a stop; provided that the passengers are not required to cross any traffic lanes and also provided that the emergency flashing signal lights are activated in a manner which indicates that drivers should proceed with caution, and in such case, the driver of a vehicle may proceed past the school bus with due caution.

  5.  No driver of a school bus shall take on or discharge passengers at any location upon a highway consisting of four or more lanes of traffic, whether or not divided by a median or barrier, in such manner as to require the passengers to cross more than two lanes of traffic; nor shall any passengers be taken on or discharged while the vehicle is upon the road or highway proper unless the vehicle so stopped is plainly visible for at least five hundred feet in each direction to drivers of other vehicles in the case of a highway with no shoulder and a speed limit greater than sixty miles per hour and at least three hundred feet in each direction to drivers of other vehicles upon other highways, and on all highways, only for such time as is actually necessary to take on and discharge passengers.

  6.  The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or overtaking a school bus which is on a different roadway, or which is proceeding in the opposite direction on a highway containing four or more lanes of traffic, or which is stopped in a loading zone constituting a part of, or adjacent to, a limited or controlled access highway at a point where pedestrians are not permitted to cross the roadway.

  7.  The driver of any school bus driving upon the highways of this state after loading or unloading school children, shall remain stopped if the bus is followed by three or more vehicles, until such vehicles have been permitted to pass the school bus, if the conditions prevailing make it safe to do so.

  8.  If any vehicle is witnessed by a peace officer or the driver of a school bus to have violated the provisions of this section and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name such vehicle is registered committed the violation.  In the event that charges are filed against multiple owners of a motor vehicle, only one of the owners may be convicted and court costs may be assessed against only one of the owners.  If the vehicle which is involved in the violation is registered in the name of a rental or leasing company and the vehicle is rented or leased to another person at the time of the violation, the rental or leasing company may rebut the presumption by providing the peace officer or prosecuting authority with a copy of the rental or lease agreement in effect at the time of the violation.  No prosecuting authority may bring any legal proceedings against a rental or leasing company under this section unless prior written notice of the violation has been given to that rental or leasing company by registered mail at the address appearing on the registration and the rental or leasing company has failed to provide the rental or lease agreement copy within fifteen days of receipt of such notice.

  9.  Notwithstanding the provisions in section 301.130, every school bus shall be required to have two license plates.

  304.060.  School buses and other district vehicles, use to be regulated by board — field trips in common carriers, regulation authorized — violation by employee, effect — St. Louis County buses may use word "special". — 1.  The state board of education shall adopt and enforce regulations not inconsistent with law to cover the design and operation of all school buses used for the transportation of school children when owned and operated by any school district or privately owned and operated under contract with any school district in this state, and such regulations shall by reference be made a part of any such contract with a school district.  School districts shall have the authority to use motor vehicles other than school buses for the purpose of transporting school children.  The state board of education may adopt rules and regulations governing the use of other vehicles owned by a district or operated under contract with any school district in this state and used for the purpose of transporting school children, excluding motor vehicles operating under the authority of the department of revenue under sections 387.400 to 387.440.  Notwithstanding any other provisions of law, the state board of education shall not require an individual who uses a motor vehicle with a gross vehicle weight that is less than or equal to twelve thousand pounds for the purpose of providing student transportation services in a vehicle other than a school bus to obtain any license other than a class F license, as described in 12 CSR 10-24.200(6).  Motor vehicles other than school buses used shall transport no more children than the manufacturer suggests as appropriate for such vehicle and meet any additional requirements of the school district.  The state board of education may also adopt rules and regulations governing the use of authorized common carriers for the transportation of students on field trips or other special trips for educational purposes.  Every school district, its officers and employees, and every person employed under contract by a school district shall be subject to such regulations.  The state board of education shall cooperate with the state transportation department and the state highway patrol in placing suitable warning signs at intervals on the highways of the state.

  2.  Notwithstanding the provisions of subsection 1 of this section, any school board in the state of Missouri in an urban district containing the greater part of the population of a city which has more than three hundred thousand inhabitants may contract with any municipality, bi-state agency, or other governmental entity for the purpose of transporting school children attending a grade or grades not lower than the ninth nor higher than the twelfth grade, provided that such contract shall be for additional transportation services, and shall not replace or fulfill any of the school district's obligations pursuant to section 167.231.  The school district may notify students of the option to use district-contracted transportation services.

  3.  Any officer or employee of any school district who violates any of the regulations or fails to include obligation to comply with such regulations in any contract executed by him on behalf of a school district shall be guilty of misconduct and subject to removal from office or employment.  Any person operating a school bus under contract with a school district who fails to comply with any such regulations shall be guilty of breach of contract and such contract shall be cancelled after notice and hearing by the responsible officers of such school district.

  4.  Any other provision of the law to the contrary notwithstanding, in any county of the first class with a charter form of government adjoining a city not within a county, school buses may bear the word "special".

  304.070.  Violation of section 304.050, penalty. — 1.  Any person who violates any of the provisions of subsections 1, 3, and 7^* of section 304.050 is guilty of a class A misdemeanor.  In addition, the court may suspend the driver's license of any person who violates the provision of subsection 1 of section 304.050.  If ordered by the court, the director shall suspend the driver's license for ninety days for a first offense of subsection 1 of section 304.050, and one hundred twenty days for a second or subsequent offense of subsection 1 of section 304.050.  Any person who violates subsection 1 of section 304.050 where such violation results in the injury of any child shall be guilty of a class E felony.  Any person who violates subsection 1 of section 304.050 where such violation causes the death of any child shall be guilty of a class D felony.

  2.  Any appeal of a suspension imposed under subsection 1 of this section shall be a direct appeal of the court order and subject to review by the presiding judge of the circuit court or another judge within the circuit other than the judge who issued the original order to suspend the driver's license.  The director of revenue's entry of the court-ordered suspension on the driving record is not a decision subject to review pursuant to section 302.311.  Any suspension of the driver's license ordered by the court under this section shall be in addition to any other suspension that may occur as a result of the conviction pursuant to other provisions of law.

  304.075.  School bus signs to be removed, when — misdemeanor. — 1.  Any motor vehicle which is not regularly being operated by a school district or under contract with a school district or by private schools for the transportation of school children shall not bear signs indicating that it is a school bus.  When any person operating a school bus under contract with a school district uses it for purposes other than for the transportation of school children, the person shall cover the signs thereon in such manner that it will not appear on the highways as a school bus.

  2.  Any person violating this section is guilty of a class C misdemeanor.

  304.076.  Head Start buses to bear signs. — Notwithstanding anything in subsection 1 of section 304.075 to the contrary, effective August 28, 1996, any new bus to be used to transport children to or from a federal Head Start program shall bear signs indicating that it is a Head Start school bus.  Any bus that was used to transport children to or from a Head Start program prior to August 28, 1996, that continues to transport children to or from a Head Start program after such date may bear signs indicating that it is a Head Start school bus.

  304.079.  Use of designated disabled parking spaces, when. — 1.  Designated disabled parking spaces may only be used when a disabled person, who has been issued disabled license plates or windshield hanging placards pursuant to the provisions of section 301.142 or by those states with which the director has entered into reciprocity agreements as provided in section 301.142, is then, or immediately preceding being parked, was an occupant of the motor vehicle bearing the disabled license plate or windshield hanging placard or in cases where the motor vehicle bearing the disabled license plate or windshield hanging placard is then being used to deliver or collect one or more of the disabled persons for whom the disabled license plate or windshield hanging placard was issued.

  2.  The driver, or any occupant, of a motor vehicle bearing disabled license plates or a windshield hanging placard which is parked or has been observed to have been parking in a duly designated disabled parking space shall, upon request from any law enforcement officer or other duly constituted peace officer upon identification as such, produce the disabled registration certificate issued to the disabled person or entity as provided for in section 301.142 or such other authorization to show that the driver or any occupant of the vehicle is lawfully entitled to use a designated disabled parking space.  The driver or any occupant of the motor vehicle shall, in addition to the certificate, produce other identification with a photograph of the disabled person for whom the disabled plates or windshield hanging placard was issued.

  3.  If the driver, or an occupant, of a motor vehicle which is parked or has been observed to have parked in a designated disabled parking space is unable to, or cannot, produce the certificate as provided for in section 301.142 or other proper authorization showing that the vehicle is being used, or has been lawfully parking in a disabled parking space, the operator is guilty of a class A misdemeanor.  However, no person shall be found guilty of violating this section if the operator produces such a certificate to the court that was valid at the time of the citation for a person who was using the vehicle.

  4.  The windshield hanging placard shall only be used when the vehicle is parked in a disabled parking space.  It shall be unlawful for any person to operate or drive a motor vehicle with a windshield hanging placard hanging from the inside rearview mirror.

  304.080.  Handicapped persons with white cane or dog, driver to take all necessary precautions — cane or dog not required to enforce rights, when. — The driver of a vehicle approaching a person with a visual, aural or physical disability who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog, hearing dog or service dog shall yield to such pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian and any injury caused to the pedestrian's guide dog, hearing dog or service dog; provided that such a pedestrian not carrying such cane or using a guide dog, hearing dog or service dog in any of the places, accommodations or conveyances listed in section 209.150 shall have all of the rights and privileges conferred by law upon other persons.

  304.110.  Violation of sections 304.080 to 304.110, penalty. — Any person who violates any provision of sections 304.080 to 304.110, shall be guilty of a misdemeanor and upon conviction thereof be fined not exceeding twenty-five dollars and costs of prosecution, and in default of payment thereof, shall undergo imprisonment not exceeding ten days.

  304.120.  Municipal regulations — owner or lessor not liable for violations, when. — 1.  Municipalities, by ordinance, may establish reasonable speed regulations for motor vehicles within the limits of such municipalities.  No person who is not a resident of such municipality and who has not been within the limits thereof for a continuous period of more than forty-eight hours shall be convicted of a violation of such ordinances, unless it is shown by competent evidence that there was posted at the place where the boundary of such municipality joins or crosses any highway a sign displaying in black letters not less than four inches high and one inch wide on a white background the speed fixed by such municipality so that such sign may be clearly seen by operators and drivers from their vehicles upon entering such municipality.

  2.  Municipalities, by ordinance, may:

  (1)  Make additional rules of the road or traffic regulations to meet their needs and traffic conditions;

  (2)  Establish one-way streets and provide for the regulation of vehicles thereon;

  (3)  Require vehicles to stop before crossing certain designated streets and boulevards;

  (4)  Limit the use of certain designated streets and boulevards to passenger vehicles, except that each municipality shall allow at least one route, with lawful traffic movement and access from both directions, to be available for use by commercial motor vehicles to access any roads in the state highway system.  Under no circumstances shall the provisions of this subdivision be construed to authorize a municipality to limit the use of all routes in the municipality.  The use by commercial motor vehicles of a municipality-designated route for such vehicles in compliance with any ordinances of the designating municipality shall not be deemed a nuisance or evidence of a nuisance.  Nothing contained in this subdivision is intended to modify or limit recovery for any claim that is independent of a nuisance claim;

  (5)  Prohibit the use of certain designated streets to vehicles with metal tires, or solid rubber tires;

  (6)  Regulate the parking of vehicles on streets by the installation of parking meters for limiting the time of parking and exacting a fee therefor or by the adoption of any other regulatory method that is reasonable and practical, and prohibit or control left-hand turns of vehicles;

  (7)  Require the use of signaling devices on all motor vehicles; and

  (8)  Prohibit sound-producing warning devices, except horns directed forward.

  3.  No ordinance shall be valid which contains provisions contrary to or in conflict with this chapter, except as herein provided.

  4.  No ordinance shall impose liability on the owner-lessor of a motor vehicle when the vehicle is being permissively used by a lessee and is illegally parked or operated if the registered owner-lessor of such vehicle furnishes the name, address and operator's license number of the person renting or leasing the vehicle at the time the violation occurred to the proper municipal authority within three working days from the time of receipt of written request for such information.  Any registered owner-lessor who fails or refuses to provide such information within the period required by this subsection shall be liable for the imposition of any fine established by municipal ordinance for the violation.  Provided, however, if a leased motor vehicle is illegally parked due to a defect in such vehicle, which renders it inoperable, not caused by the fault or neglect of the lessee, then the lessor shall be liable on any violation for illegal parking of such vehicle.

  5.  No ordinance shall deny the use of commercial motor vehicles on all routes within the municipality.  For purposes of this section, the term "route" shall mean any state road, county road, or public street, avenue, boulevard, or parkway.

  6.  No ordinance shall prohibit the operator of a motor vehicle from being in an intersection while a red signal is being displayed if the operator of the motor vehicle entered the intersection during a yellow signal interval.  The provisions of this subsection shall supercede any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision that are to the contrary.

  304.125.  Traffic violation citation quota prohibited--exception. — No political subdivision or law enforcement agency shall have a policy requiring or encouraging an employee to issue a certain number of citations for traffic violations on a daily, weekly, monthly, quarterly, yearly, or other quota basis.  This section shall not apply to the issuance of warning citations.

  304.130.  Regulation of vehicular traffic — notice, hearings — approval — publication of notice (first class counties). — 1.  For the purpose of promoting the public safety, health and general welfare and to protect life and property, the county commission in all counties of the first class is empowered to adopt, by order or ordinance, regulations to control vehicular traffic upon the public roads and highways in the unincorporated territory of such counties and to establish reasonable speed regulations in congested areas upon such public roads and highways in the unincorporated territory of such counties.  Such regulations shall not be inconsistent with the provisions of the general motor vehicle laws of this state.

  2.  Except as provided in subsection 3 of this section, before the adoption of such regulations, the county commission shall hold at least three public hearings thereon, fifteen days' notice of the time and place of which shall be published in at least two newspapers having a general circulation within the county, and notice of such hearing shall also be posted at least fifteen days in advance thereof in four conspicuous places in the county; provided, however, that any regulations respecting stop signs, signal lights and speed limits on state or federal highways shall be approved by the state highways and transportation commission before the same shall become effective.

  3.  Regulations relating solely to increasing speed limits shall be exempt from the procedural requirements of subsection 2 of this section and shall take effect immediately upon approval of the county commission.

  4.  The regulations adopted shall be codified, printed and distributed for public use; provided, however, that adequate signs displaying the speed limit must be posted along the highways at the points along such highways where such speed limits begin and end.

  304.140.  Penalty for violations. — Any person violating any order or regulation adopted under section 304.130 shall upon conviction be adjudged guilty of an infraction.

  304.151.  Driver's responsibility not to obstruct traffic — written warning, infraction, effective date. — 1.  Except in the case of an accident resulting in the injury or death of any person, the driver of a vehicle which for any reason obstructs the regular flow of traffic on the roadway of any state highway shall make every reasonable effort to move the vehicle or have it moved so as not to block the regular flow of traffic.

  2.  Prior to January 1, 1999, any person who fails to comply with the requirements of this section shall be issued a written warning of the violation in order to inform such persons of the requirements of this section.  Beginning January 1, 1999, any person who fails to comply with the requirements of this section is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than fifty dollars.

  304.152.  Roadside checkpoints and roadblock patterns based on vehicle type prohibited. — 1.  Notwithstanding any provision of the law to the contrary, no law enforcement agency may establish a roadside checkpoint or roadblock pattern based upon a particular vehicle type, including the establishment of motorcycle-only checkpoints.

  2.  Notwithstanding subsection 1 of this section, a law enforcement agency may establish a roadside checkpoint pattern that only stops and checks commercial motor vehicles, as defined in section 301.010.

  3.  The provisions of this section shall not be construed to restrict any other type of checkpoint or roadblock which is lawful and is established and operated in accordance with the provisions of the United States Constitution and the Constitution of Missouri.

  304.153.  Tow companies or tow lists, utilization of by law enforcement and state transportation employees—definitions—requirements—unauthorized towing, penalty—inapplicability. — 1.  As used in this section, the following terms shall mean:

  (1)  "Law enforcement officer", any public servant, other than a patrol officer, who is defined as a law enforcement officer under section 556.061;

  (2)  "Motor club", a legal entity that, in consideration of dues, assessments, or periodic payments of moneys, promises to provide motor club services to its members or subscribers in accordance with section 385.450;

  (3)  "Patrol officer", a Missouri state highway patrol officer;

  (4)  "Tow list", a list of approved towing companies compiled, maintained, and utilized by the Missouri state highway patrol or its designee;

  (5)  "Tow management company", any sole proprietorship, partnership, corporation, fiduciary, association, or other business entity that manages towing logistics for government agencies or motor clubs;

  (6)  "Tow truck", a rollback or car carrier, wrecker, or tow truck as defined under section 301.010;

  (7)  "Towing", moving or removing, or the preparation therefor, of a vehicle by another vehicle for which a service charge is made, either directly or indirectly, including any dues or other charges of clubs or associations which provide towing services;

  (8)  "Towing company", any person, partnership, corporation, fiduciary, association, or other entity that operates a wrecker or towing service as defined under section 301.010.

  2.  In authorizing a towing company to perform services, any patrol officer or law enforcement officer within the officer's jurisdiction, or Missouri department of transportation employee, may utilize the services of a tow management company or tow list, provided:

  (1)  The Missouri state highway patrol is under no obligation to include or retain the services of any towing company in any contract or agreement with a tow management company or any tow list established pursuant to this section.  A towing company is subject to removal from a tow list at any time;

  (2)  Notwithstanding any other provision of law or any regulation established pursuant to this section, an owner or operator's request for a specific towing company shall be honored by the Missouri state highway patrol unless:

  (a)  The requested towing company cannot or does not respond in a reasonable time, as determined by a law enforcement officer; or

  (b)  The vehicle to be towed poses an immediate traffic hazard, as determined by a law enforcement officer.

  3.  A patrol officer shall not use a towing company located outside of Missouri under this section except under the following circumstances:

  (1)  A state or federal emergency has been declared; or

  (2)  The driver or owner of the vehicle, or a motor club of which the driver or owner is a member, requests a specific out-of-state towing company.

  4.  A towing company shall not tow a vehicle to a location outside of Missouri without the consent of the driver or owner of the motor vehicle, or without the consent of a motor club of which the driver or owner of the motor vehicle is a member.

  5.  Any towing company or tow truck arriving at the scene of an accident that has not been called by a patrol officer, a law enforcement officer, a Missouri department of transportation employee, the driver or owner of the motor vehicle or his or her authorized agent, including a motor club of which the driver or owner is a member, shall be prohibited from towing the vehicle from the scene of the accident, unless the towing company or tow truck operator is rendering emergency aid in the interest of public safety, or is operating during a declared state of emergency under section 44.100.

  6.  A tow truck operator that stops and tows a vehicle from the scene of an accident in violation of subsection 5 of this section shall be guilty of a class D misdemeanor upon conviction or pleading guilty for the first violation, and such tow truck shall be subject to impounding.  The penalty for a second violation shall be a class A misdemeanor, and the penalty for any third or subsequent violation shall be a class D felony.  A violation of this section shall not preclude the tow truck operator from being charged with tampering under chapter 569.

  7.  The provisions of this section shall also apply to motor vehicles towed under section 304.155 or 304.157.

  8.  The provisions of this section shall not apply to counties of the third or fourth classification.

  *304.154.  Towing truck company requirements—access to towed vehicles by insurance adjusters—notice to vehicle owner of transfer from storage lot or facility—display of tow company address, when. — 1.  A towing company operating a tow truck pursuant to the authority granted in section 304.153, 304.155, or 304.157 shall:

  (1)  Have and occupy a verifiable business address and display such address in a location visible from the street or road;

  (2)  Have a fenced, secure, and lighted storage lot or an enclosed, secure building for the storage of motor vehicles;

  (3)  Be open or available to a customer to make arrangements for a minimum of ten hours per day, Monday through Friday, for fifty-two weeks per year, excluding any federal holidays, for a customer or his or her authorized agent or an insurance adjuster, as defined in section 324.1100, to view or retrieve items from a vehicle with no additional fees charged, or to retrieve the vehicle at the posted rate, during these regular business hours.  A towing company shall not assess any storage fee on a day which the towing company is not open for business during such regular business hours;

  (4)  Notify the owner of a motor vehicle of the location of such motor vehicle within twenty-four hours after being contacted by such owner;

  (5)  Be available twenty-four hours a day, seven days a week.  "Availability" shall mean that an employee of the towing company or an answering service answered by a person is able to respond to a tow request;

  (6)  Have and maintain an operational telephone with the telephone number published or available through directory assistance;

  (7)  Maintain a valid insurance policy issued by an insurer authorized to do business in this state, or a bond or other acceptable surety providing coverage for the death of, or injury to, persons and damage to property for each accident or occurrence in the amount of at least five hundred thousand dollars per incident;

  (8)  Provide workers' compensation insurance for all employees of the towing company if required by chapter 287;

  (9)  Maintain current motor vehicle registrations on all tow trucks currently operated within the towing company fleet; and

  (10)  Post at its place of business and make available upon request to consumers a rate sheet listing all current rates applicable to towing services provided under this chapter.

  2.  The initial tow performed under section 304.153, 304.155, or 304.157 shall remain in the state of Missouri unless authorized by the vehicle owner, or his or her authorized agent including a motor club to which the owner of the motor vehicle is a member.

  3.  Counties may adopt ordinances with respect to towing company standards in addition to the minimum standards contained in this section.  A towing company located in a county of the second, third, or fourth classification is exempt from the provisions of this section.

  4.  Notwithstanding any provision of law to the contrary, unless notified by a law enforcement agency that a motor vehicle is being preserved as evidence, a storage lot facility or towing company shall allow insurance adjusters access to and allow inspection of a motor vehicle, without charge, at any time during the towing company's or storage lot facility's normal business hours.

  5.  When a motor vehicle has been transferred to a towing company storage lot or a vehicle storage facility, such vehicle shall not be transferred from the towing company storage lot or vehicle storage facility without providing the owner of such vehicle twenty-four-hour advance notice of the planned transfer.  The notification shall include the address of where the vehicle is being transferred to, and all costs associated with moving the vehicle to a different storage lot or vehicle storage facility.

  6.  The provisions of subdivisions (3), (4), (6), and (10) of subsection 1 of this section, subsections 2, 4, and 5 of this section, and a provision in subdivision (1) of subsection 1 of this section requiring towing companies to display an address in a location visible from the street or road shall not apply to counties of the third or fourth classification.

  304.155.  Abandoned motor vehicles on public property, removal — hazards on land and water, removal, limited liability, when — towing of property report to highway or water patrol or crime inquiry and inspection report when, owner liable for costs — check for stolen vehicles procedure — reclaiming vehicle — lien for charges — record maintenance by towing companies — lienholder repossession, procedure. — 1.  Any law enforcement officer within the officer's jurisdiction, or an officer of a government agency where that agency's real property is concerned, may authorize a towing company to remove to a place of safety:

  (1)  Any abandoned property on the right-of-way of:

  (a)  Any interstate highway or freeway in an urbanized area, left unattended for ten hours, or immediately if a law enforcement officer determines that the abandoned property is a serious hazard to other motorists, provided that commercial motor vehicles not hauling materials designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

  (b)  Any interstate highway or freeway outside of an urbanized area, left unattended for twenty-four hours, or after four hours if a law enforcement officer determines that the abandoned property is a serious hazard to other motorists, provided that commercial motor vehicles not hauling materials designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

  (c)  Any state highway other than an interstate highway or freeway in an urbanized area, left unattended for more than ten hours; or

  (d)  Any state highway other than an interstate highway or freeway outside of an urbanized area, left unattended for more than twenty-four hours; provided that commercial motor vehicles not hauling waste designated as hazardous under 49 U.S.C. 5103(a) may only be removed under this subdivision to a place of safety until the owner or owner's representative has had a reasonable opportunity to contact a towing company of choice;

  (2)  Any unattended abandoned property illegally left standing upon any highway or bridge if the abandoned property is left in a position or under such circumstances as to obstruct the normal movement of traffic where there is no reasonable indication that the person in control of the property is arranging for its immediate control or removal;

  (3)  Any abandoned property which has been abandoned under section 577.080;

  (4)  Any abandoned property which has been reported as stolen or taken without consent of the owner;

  (5)  Any abandoned property for which the person operating such property is arrested for an alleged offense for which the officer takes the person into custody and where such person is unable to arrange for the property's timely removal;

  (6)  Any abandoned property which due to any other state law or local ordinance is subject to towing because of the owner's outstanding traffic or parking violations;

  (7)  Any abandoned property left unattended in violation of a state law or local ordinance where signs have been posted giving notice of the law or where the violation causes a safety hazard;

  (8)  Any abandoned property illegally left standing on the waters of this state as defined in section 306.010 where the abandoned property is obstructing the normal movement of traffic, or where the abandoned property has been unattended for more than ten hours or is floating loose on the water; or

  (9)  Any abandoned property for which the person operating such property or vehicle eludes arrest for an alleged offense for which the officer would have taken the offender into custody.

  2.  The department of transportation or any law enforcement officer within the officer's jurisdiction may immediately remove any abandoned, unattended, wrecked, burned or partially dismantled property, spilled cargo or other personal property from the right-of-way of any interstate highway, freeway, or state highway if the abandoned property, cargo or personal property is creating a traffic hazard because of its position in relation to the interstate highway, freeway, or state highway.  In the event the property creating a traffic hazard is a commercial motor vehicle, as defined in section 302.700, the department's authority under this subsection shall be limited to authorizing a towing company to remove the commercial motor vehicle to a place of safety, except that the owner of the commercial motor vehicle or the owner's designated representative shall have a reasonable opportunity to contact a towing company of choice.  The provisions of this subsection shall not apply to vehicles transporting any material which has been designated as hazardous under Section 5103(a) of Title 49, U.S.C.

  3.  Any law enforcement agency authorizing a tow pursuant to this section in which the abandoned property is moved from the immediate vicinity shall complete a crime inquiry and inspection report.  Any state or federal government agency other than a law enforcement agency authorizing a tow pursuant to this section in which the abandoned property is moved away from the immediate vicinity in which it was abandoned shall report the towing to the state highway patrol or water patrol within two hours of the tow along with a crime inquiry and inspection report as required in this section.  Any local government agency, other than a law enforcement agency, authorizing a tow pursuant to this section where property is towed away from the immediate vicinity shall report the tow to the local law enforcement agency within two hours along with a crime inquiry and inspection report.

  4.  Neither the law enforcement officer, government agency official nor anyone having custody of abandoned property under his direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this section or by ordinance of a county or municipality licensing and regulating the sale of abandoned property by the municipality, other than damages occasioned by negligence or by willful or wanton acts or omissions.

  5.  The owner of abandoned property removed as provided in this section or in section 304.157 shall be responsible for payment of all reasonable charges for towing and storage of such abandoned property as provided in section 304.158.

  6.  Upon the towing of any abandoned property pursuant to this section or under authority of a law enforcement officer or local government agency pursuant to section 304.157, the law enforcement agency that authorized such towing or was properly notified by another government agency of such towing shall promptly make an inquiry with the national crime information center and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen and shall enter the information pertaining to the towed property into the statewide law enforcement computer system.  If the abandoned property is not claimed within ten working days of the towing, the tower who has online access to the department of revenue's records shall make an inquiry to determine the abandoned property owner and lienholder, if any, of record.  In the event that the records of the department of revenue fail to disclose the name of the owner or any lienholder of record, the tower shall comply with the requirements of subsection 3 of section 304.156.  If the tower does not have online access, the law enforcement agency shall submit a crime inquiry and inspection report to the director of revenue.  A towing company that does not have online access to the department's records and that is in possession of abandoned property after ten working days shall report such fact to the law enforcement agency with which the crime inquiry and inspection report was filed.  The crime inquiry and inspection report shall be designed by the director of revenue and shall include the following:

  (1)  The year, model, make and property identification number of the property and the owner and any lienholders, if known;

  (2)  A description of any damage to the property noted by the officer authorizing the tow;

  (3)  The license plate or registration number and the state of issuance, if available;

  (4)  The storage location of the towed property;

  (5)  The name, telephone number and address of the towing company;

  (6)  The date, place and reason for the towing of the abandoned property;

  (7)  The date of the inquiry of the national crime information center, any statewide Missouri law enforcement computer system and any other similar system which has titling and registration information to determine if the abandoned property had been stolen.  This information shall be entered only by the law enforcement agency making the inquiry;

  (8)  The signature and printed name of the officer authorizing the tow;

  (9)  The name of the towing company, the signature and printed name of the towing operator, and an indicator disclosing whether the tower has online access to the department's records; and

  (10)  Any additional information the director of revenue deems appropriate.

  7.  One copy of the crime inquiry and inspection report shall remain with the agency which authorized the tow.  One copy shall be provided to and retained by the storage facility and one copy shall be retained by the towing facility in an accessible format in the business records for a period of three years from the date of the tow or removal.

  8.  The owner of such abandoned property, or the holder of a valid security interest of record, may reclaim it from the towing company upon proof of ownership or valid security interest of record and payment of all reasonable charges for the towing and storage of the abandoned property.

  9.  Any person who removes abandoned property at the direction of a law enforcement officer or an officer of a government agency where that agency's real property is concerned as provided in this section shall have a lien for all reasonable charges for the towing and storage of the abandoned property until possession of the abandoned property is voluntarily relinquished to the owner of the abandoned property or to the holder of a valid security interest of record.  Any personal property within the abandoned property need not be released to the owner thereof until the reasonable or agreed charges for such recovery, transportation or safekeeping have been paid or satisfactory arrangements for payment have been made, except that any medication prescribed by a physician shall be released to the owner thereof upon request.  The company holding or storing the abandoned property shall either release the personal property to the owner of the abandoned property or allow the owner to inspect the property and provide an itemized receipt for the contents.  The company holding or storing the property shall be strictly liable for the condition and safe return of the personal property.  Such lien shall be enforced in the manner provided under section 304.156.

  10.  Towing companies shall keep a record for three years on any abandoned property towed and not reclaimed by the owner of the abandoned property.  Such record shall contain information regarding the authorization to tow, copies of all correspondence with the department of revenue concerning the abandoned property, including copies of any online records of the towing company accessed and information concerning the final disposition of the possession of the abandoned property.

  11.  If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel without the knowledge or cooperation of the owner, then the repossessor shall notify the local law enforcement agency where the repossession occurred within two hours of the repossession and shall further provide the local law enforcement agency with any additional information the agency deems appropriate.  The local law enforcement agency shall make an inquiry with the national crime information center and the Missouri statewide law enforcement computer system and shall enter the repossessed vehicle into the statewide law enforcement computer system.

  12.  Notwithstanding the provisions of section 301.227, any towing company who has complied with the notification provisions in section 304.156 including notice that any property remaining unredeemed after thirty days may be sold as scrap property may then dispose of such property as provided in this subsection.  Such sale shall only occur if at least thirty days has passed since the date of such notification, the abandoned property remains unredeemed with no satisfactory arrangements made with the towing company for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in section 304.156.  The towing company may dispose of such abandoned property by selling the property on a bill of sale as prescribed by the director of revenue to a scrap metal operator or licensed salvage dealer for destruction purposes only.  The towing company shall forward a copy of the bill of sale provided by the scrap metal operator or licensed salvage dealer to the director of revenue within two weeks of the date of such sale.  The towing company shall keep a record of each such vehicle sold for destruction for three years that shall be available for inspection by law enforcement and authorized department of revenue officials.  The record shall contain the year, make, identification number of the property, date of sale, and name of the purchasing scrap metal operator or licensed salvage dealer and copies of all notifications issued by the towing company as required in this chapter.  Scrap metal operators or licensed salvage dealers shall keep a record of the purchase of such property as provided in section 301.227.  Scrap metal operators and licensed salvage dealers may obtain a junk certificate as provided in section 301.227 on vehicles purchased on a bill of sale pursuant to this section.

  304.156.  Notice to towing company, owner or lienholder, when — storage charges, when authorized — search of vehicle for ownership documents — petition, determination of wrongful taking — possessory lien, new title, how issued — sale of abandoned property by municipality or county — towing company, new title when. — 1.  Within five working days of receipt of the crime inquiry and inspection report under section 304.155 or the abandoned property report under section 304.157, the director of revenue shall search the records of the department of revenue, or initiate an inquiry with another state, if the evidence presented indicated the abandoned property was registered or titled in another state, to determine the name and address of the owner and lienholder, if any.  After ascertaining the name and address of the owner and lienholder, if any, the department shall, within fifteen working days, notify the towing company.  Any towing company which comes into possession of abandoned property pursuant to section 304.155 or 304.157 and who claims a lien for recovering, towing or storing abandoned property shall give notice to the title owner and to all persons claiming a lien thereon, as disclosed by the records of the department of revenue or of a corresponding agency in any other state.  The towing company shall notify the owner and any lienholder within ten business days of the date of mailing indicated on the notice sent by the department of revenue, by certified mail, return receipt requested.  The notice shall contain the following:

  (1)  The name, address and telephone number of the storage facility;

  (2)  The date, reason and place from which the abandoned property was removed;

  (3)  A statement that the amount of the accrued towing, storage and administrative costs are the responsibility of the owner, and that storage and/or administrative costs will continue to accrue as a legal liability of the owner until the abandoned property is redeemed;

  (4)  A statement that the storage firm claims a possessory lien for all such charges;

  (5)  A statement that the owner or holder of a valid security interest of record may retake possession of the abandoned property at any time during business hours by proving ownership or rights to a secured interest and paying all towing and storage charges;

  (6)  A statement that, should the owner consider that the towing or removal was improper or not legally justified, the owner has a right to request a hearing as provided in this section to contest the propriety of such towing or removal;

  (7)  A statement that if the abandoned property remains unclaimed for thirty days from the date of mailing the notice, title to the abandoned property will be transferred to the person or firm in possession of the abandoned property free of all prior liens; and

  (8)  A statement that any charges in excess of the value of the abandoned property at the time of such transfer shall remain a liability of the owner.

  2.  A towing company may only assess reasonable storage charges for abandoned property towed without the consent of the owner.  Reasonable storage charges shall not exceed the charges for vehicles which have been towed with the consent of the owner on a negotiated basis.  Storage charges may be assessed only for the time in which the towing company complies with the procedural requirements of sections 304.155 to 304.158.

  3.  In the event that the records of the department of revenue fail to disclose the name of the owner or any lienholder of record, the department shall notify the towing company which shall attempt to locate documents or other evidence of ownership on or within the abandoned property itself.  The towing company must certify that a physical search of the abandoned property disclosed that no ownership documents were found and a good faith effort has been made.  For purposes of this section, "good faith effort" means that the following checks have been performed by the company to establish the prior state of registration and title:

  (1)  Check of the abandoned property for any type of license plates, license plate record, temporary permit, inspection sticker, decal or other evidence which may indicate a state of possible registration and title;

  (2)  Check the law enforcement report for a license plate number or registration number if the abandoned property was towed at the request of a law enforcement agency;

  (3)  Check the tow ticket/report of the tow truck operator to see if a license plate was on the abandoned property at the beginning of the tow, if a private tow; and

  (4)  If there is no address of the owner on the impound report, check the law enforcement report to see if an out-of-state address is indicated on the driver license information.

  4.  If no ownership information is discovered, the director of revenue shall be notified in writing and title obtained in accordance with subsection 7 of this section.

  5.  (1)  The owner of the abandoned property removed pursuant to the provisions of section 304.155 or 304.157 or any person claiming a lien, other than the towing company, within ten days after the receipt of notification from the towing company pursuant to subsection 1 of this section may file a petition in the associate circuit court in the county where the abandoned property is stored to determine if the abandoned property was wrongfully taken or withheld from the owner.  The petition shall name the towing company among the defendants.  The petition may also name the agency ordering the tow or the owner, lessee or agent of the real property from which the abandoned property was removed.  The director of revenue shall not be a party to such petition but a copy of the petition shall be served on the director of revenue who shall not issue title to such abandoned property pursuant to this section until the petition is finally decided.

  (2)  Upon filing of a petition in the associate circuit court, the owner or lienholder may have the abandoned property released upon posting with the court a cash or surety bond or other adequate security equal to the amount of the charges for towing and storage to ensure the payment of such charges in the event he does not prevail.  Upon the posting of the bond and the payment of the applicable fees, the court shall issue an order notifying the towing company of the posting of the bond and directing the towing company to release the abandoned property.  At the time of such release, after reasonable inspection, the owner or lienholder shall give a receipt to the towing company reciting any claims for loss or damage to the abandoned property or the contents thereof.

  (3)  Upon determining the respective rights of the parties, the final order of the court shall provide for immediate payment in full of recovery, towing, and storage fees by the abandoned property owner or lienholder or the owner, lessee, or agent thereof of the real property from which the abandoned property was removed.

  6.  A towing and storage lien shall be enforced as provided in subsection 7 of this section.

  7.  Thirty days after the notification form has been mailed to the abandoned property owner and holder of a security agreement and the property is unredeemed and no satisfactory arrangement has been made with the lienholder in possession for continued storage, and the owner or holder of a security agreement has not requested a hearing as provided in subsection 5 of this section, the lienholder in possession may apply to the director of revenue for a certificate.  The application for title shall be accompanied by:

  (1)  An affidavit from the lienholder in possession that he has been in possession of the abandoned property for at least thirty days and the owner of the abandoned property or holder of a security agreement has not made arrangements for payment of towing and storage charges;

  (2)  An affidavit that the lienholder in possession has not been notified of any application for hearing as provided in this section;

  (3)  A copy of the abandoned property report or crime inquiry and inspection report;

  (4)  A copy of the thirty-day notice given by certified mail to any owner and person holding a valid security interest and a copy of the certified mail receipt indicating that the owner and lienholder of record was sent a notice as required in this section; and

  (5)  A copy of the envelope or mailing container showing the address and postal markings indicating that the notice was "not forwardable" or "address unknown".

  8.  If notice to the owner and holder of a security agreement has been returned marked "not forwardable" or "addressee unknown", the lienholder in possession shall comply with subsection 3 of this section.

  9.  Any municipality or county may adopt an ordinance regulating the removal and sale of abandoned property provided such ordinance is consistent with sections 304.155 to 304.158, and, for a home rule city with more than four hundred thousand inhabitants and located in more than one county, includes the following provisions:

  (1)  That the department of revenue records must be searched to determine the registered owner or lienholder of the abandoned property;

  (2)  That if a registered owner or lienholder is disclosed in the records, that the owner and lienholder or owner or lienholder are mailed a notice by the local governmental agency, by U.S. mail, advising of the towing and impoundment;

  (3)  That if the vehicle is older than six years and more than fifty percent damaged by collision, fire, or decay, and has a fair market value of less than two hundred dollars as determined by using any nationally recognized appraisal book or method, it must be held no less than ten days after the notice is sent pursuant to this section before being sold to a licensed salvage or scrap business; provided however where a title is required under this chapter an affidavit from a certified appraiser attesting that the value of the vehicle is less than two hundred dollars;

  (4)  That all other vehicles must be held no less than thirty days after the notice is sent pursuant to this subsection before they may be sold.

  10.  Any municipality or county which has physical possession of the abandoned property and which sells abandoned property in accordance with a local ordinance may transfer ownership by means of a bill of sale signed by the municipal or county clerk or deputy and sealed with the official municipal or county seal.  Such bill of sale shall contain the make and model of the abandoned property, the complete abandoned property identification number and the odometer reading of the abandoned property if available and shall be lawful proof of ownership for any dealer registered under the provisions of section 301.218, or section 301.560, or for any other person.  Any dealer or other person purchasing such property from a municipality or county shall apply within thirty days of purchase for a certificate.  Anyone convicted of a violation of this section shall be guilty of an infraction.

  11.  Any persons who have towed abandoned property prior to August 28, 1996, may, until January 1, 2000, apply to the department of revenue for a certificate.  The application shall be accompanied by:

  (1)  A notarized affidavit explaining the circumstances by which the abandoned property came into their possession, including the name of the owner or possessor of real property from which the abandoned property was removed;

  (2)  The date of the removal;

  (3)  The current location of the abandoned property;

  (4)  An inspection of the abandoned property as prescribed by the director; and

  (5)  A copy of the thirty-day notice given by certified mail to any owner and person holding a valid security interest of record and a copy of the certified mail receipt.

  12.  If the director is satisfied with the genuineness of the application and supporting documents submitted pursuant to this section, the director shall issue one of the following:

  (1)  An original certificate of title if the vehicle owner has obtained a vehicle examination certificate as provided in section 301.190 which indicates that the vehicle was not previously in a salvaged condition or rebuilt;

  (2)  An original certificate of title designated as prior salvage if the vehicle examination certificate as provided in section 301.190 indicates the vehicle was previously in a salvage condition or rebuilt;

  (3)  A salvage certificate of title designated with the words "salvage/abandoned property" or junking certificate based on the condition of the abandoned property as stated in the abandoned property report or crime inquiry and inspection report;

  (4)  Notwithstanding the provisions of section 301.573 to the contrary, if satisfied with the genuineness of the application and supporting documents, the director shall issue an original title to abandoned property previously issued a salvage title as provided in this section, if the vehicle examination certificate as provided in section 301.190 does not indicate the abandoned property was previously in a salvage condition or rebuilt.

  13.  If abandoned property is insured and the insurer of property regards the property as a total loss and the insurer satisfies a claim by the owner for the property, then the insurer or lienholder shall claim and remove the property from the storage facility or make arrangements to transfer the title, and such transfer of title subject to agreement shall be in complete satisfaction of all claims for towing and storage, to the towing company or storage facility.  The owner of the abandoned vehicle, lienholder or insurer, to the extent the vehicle owner's insurance policy covers towing and storage charges, shall pay reasonable fees assessed by the towing company and storage facility.  The property shall be claimed and removed or title transferred to the towing company or storage facility within thirty days of the date that the insurer paid a claim for the total loss of the property or is notified as to the location of the abandoned property, whichever is the later event.  Upon request, the insurer of the property shall supply the towing company and storage facility with the name, address and phone number of the insurance company and of the insured and with a statement regarding which party is responsible for the payment of towing and storage charges under the insurance policy.

  304.157.  Vehicles left unattended or improperly parked on private property of another, procedure for removal and disposition — violation of certain required procedure, penalty. — 1.  If a person abandons property, as defined in section 304.001, on any real property owned by another without the consent of the owner or person in possession of the property, at the request of the person in possession of the real property, any member of the state highway patrol, state water patrol^*, sheriff, or other law enforcement officer within his jurisdiction may authorize a towing company to remove such abandoned property from the property in the following circumstances:

  (1)  The abandoned property is left unattended for more than forty-eight hours; or

  (2)  In the judgment of a law enforcement officer, the abandoned property constitutes a safety hazard or unreasonably interferes with the use of the real property by the person in possession.

  2.  A local government agency may also provide for the towing of motor vehicles or vessels from real property under the authority of any local ordinance providing for the towing of vehicles or vessels which are derelict, junk, scrapped, disassembled or otherwise harmful to the public health under the terms of the ordinance.  Any local government agency authorizing a tow under this subsection shall report the tow to the local law enforcement agency within two hours with a crime inquiry and inspection report pursuant to section 304.155.

  3.  Neither the law enforcement officer, local government agency nor anyone having custody of abandoned property under his or her direction shall be liable for any damage to such abandoned property occasioned by a removal authorized by this section other than damages occasioned by negligence or by willful or wanton acts or omissions.

  4.  The owner of real property or lessee in lawful possession of the real property or the property or security manager of the real property may authorize a towing company to remove abandoned property or property parked in a restricted or assigned area without authorization by a law enforcement officer only when the owner, lessee or property or security manager of the real property is present.  A property or security manager must be a full-time employee of a business entity.  An authorization to tow pursuant to this subsection may be made only under any of the following circumstances:

  (1)  There is displayed, in plain view at all entrances to the property, a sign not less than seventeen by twenty-two inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that unauthorized abandoned property or property parked in a restricted or assigned area will be removed at the owner's expense, disclosing the maximum fee for all charges related to towing and storage, and containing the telephone number of the local traffic law enforcement agency where information can be obtained or a twenty-four-hour staffed emergency information telephone number by which the owner of the abandoned property or property parked in a restricted or assigned area may call to receive information regarding the location of such owner's property;

  (2)  The abandoned property is left unattended on owner-occupied residential property with four residential units or less, and the owner, lessee or agent of the real property in lawful possession has notified the appropriate law enforcement agency, and ten hours have elapsed since that notification; or

  (3)  The abandoned property is left unattended on private property, and the owner, lessee or agent of the real property in lawful possession of real property has notified the appropriate law enforcement agency, and ninety-six hours have elapsed since that notification.

  5.  Pursuant to this section, any owner or lessee in lawful possession of real property that requests a towing company to tow abandoned property without authorization from a law enforcement officer shall at that time complete an abandoned property report which shall be considered a legal declaration subject to criminal penalty pursuant to section 575.060.  The report shall be in the form designed, printed and distributed by the director of revenue and shall contain the following:

  (1)  The year, model, make and abandoned property identification number of the property and the owner and any lienholders, if known;

  (2)  A description of any damage to the abandoned property noted by owner, lessee or property or security manager in possession of the real property;

  (3)  The license plate or registration number and the state of issuance, if available;

  (4)  The physical location of the property and the reason for requesting the property to be towed;

  (5)  The date the report is completed;

  (6)  The printed name, address and phone number of the owner, lessee or property or security manager in possession of the real property;

  (7)  The towing company's name and address;

  (8)  The signature of the towing operator;

  (9)  The signature of the owner, lessee or property or security manager attesting to the facts that the property has been abandoned for the time required by this section and that all statements on the report are true and correct to the best of the person's knowledge and belief and that the person is subject to the penalties for making false statements;

  (10)  Space for the name of the law enforcement agency notified of the towing of the abandoned property and for the signature of the law enforcement official receiving the report; and

  (11)  Any additional information the director of revenue deems appropriate.

  6.  Any towing company which tows abandoned property without authorization from a law enforcement officer pursuant to subsection 4 of this section shall deliver a copy of the abandoned property report to the local law enforcement agency having jurisdiction over the location from which the abandoned property was towed.  The copy may be produced and sent by facsimile machine or other device which produces a near exact likeness of the print and signatures required, but only if the law enforcement agency receiving the report has the technological capability of receiving such copy and has registered the towing company for such purpose.  The registration requirements shall not apply to law enforcement agencies located in counties of the third or fourth classification.  The report shall be delivered within two hours if the tow was made from a signed location pursuant to subdivision (1) of subsection 4 of this section, otherwise the report shall be delivered within twenty-four hours.

  7.  The law enforcement agency receiving such abandoned property report must record the date on which the abandoned property report is filed with such agency and shall promptly make an inquiry into the national crime information center and any statewide Missouri law enforcement computer system to determine if the abandoned property has been reported as stolen.  The law enforcement agency shall enter the information pertaining to the towed property into the statewide law enforcement computer system, and an officer shall sign the abandoned property report and provide the towing company with a signed copy.  The department of revenue may design and sell to towing companies informational brochures outlining owner or lessee of real property obligations pursuant to this section.

  8.  The law enforcement agency receiving notification that abandoned property has been towed by a towing company shall search the records of the department of revenue and provide the towing company with the latest owner and lienholder information, if available, on the abandoned property, and if the tower has online access to the department of revenue's records, the tower shall comply with the requirements of section 301.155^**.  If the abandoned property is not claimed within ten working days, the towing company shall send a copy of the abandoned property report signed by a law enforcement officer to the department of revenue.

  9.  If any owner or lessee of real property knowingly authorizes the removal of abandoned property in violation of this section, then the owner or lessee shall be deemed guilty of a class C misdemeanor.

  304.158.  Notice to owner of abandoned property — duty of real property owner — liability of towing company — recovery for damages to real property, when — liability of real property owner for towing charges, when — information to be displayed on wrecker — towing charges — storage facility charges, method of payment — authorization of real property owner to tow, violation, penalty — ordinances specifying charges — violations of towing laws, penalties. — 1.  Notice as to the removal of any abandoned property pursuant to section 304.155 or 304.157 shall be made in writing within five working days to the registered owner and any lienholder of the fact of the removal, the grounds for the removal, and the place to which the property has been removed by either:

  (1)  The public agency authorizing the removal; or

  (2)  The towing company, where authorization was made by an owner or lessee of real property.  

­­

­

  2.  Any owner of any private real property causing the removal of abandoned property from that real property shall state the grounds for the removal of the abandoned property if requested by the registered owner of that abandoned property.  Any towing company that lawfully removes abandoned property from private property with the written authorization of the property owner or the property owner's agent who is present at the time of removal shall not be held responsible in any situation relating to the validity of the removal.  Any towing company that removes abandoned property at the direction of the landowner shall be responsible for:

  (1)  Any damage caused by the towing company to the property in the transit and subsequent storage of the property; and

  (2)  The removal of property other than the property specified by the owner of the private property from which the abandoned property was removed.

  3.  The owner of abandoned property removed from private property may recover for any damage to the property resulting from any act of any person causing the removal of, or removing, the abandoned property.

  4.  Any owner of any private property causing the removal of abandoned property parked on that property is liable to the owner of the abandoned property for double the storage or towing charges whenever there has been a failure to comply with the requirements of this section or section 304.157.

  5.  Any towing company which tows abandoned property for hire shall have the towing company's name, city and state clearly printed in letters at least three inches in height on the sides of the truck, wrecker or other vehicle used in the towing.

  6.  A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of abandoned property at the request of the owner of private property or that owner's agent pursuant to this section if the owner of the abandoned property or the owner's agent returns to the abandoned property before it is removed from the private property.  The regular towing charge may only be imposed after the abandoned property has been removed from the property and is in transit.

  7.  Persons operating or in charge of any storage facility where the abandoned property is stored pursuant to this section shall accept cash for payment of towing and storage by a registered owner or the owner's agent claiming the abandoned property.  In addition, persons operating or in charge of the storage facility shall have sufficient moneys on the premises to accommodate, and make change in, a reasonable monetary transaction.

  8.  Except for the removal of abandoned property authorized by a law enforcement agency pursuant to section 304.157, a towing company shall not remove or commence the removal of abandoned property from private property without first obtaining written authorization from the property owner.  All written authorizations shall be maintained for at least one year by the towing company.  General authorization to remove or commence removal of abandoned property at the towing company's discretion shall not be delegated to a towing company or its affiliates except in the case of abandoned property unlawfully parked within fifteen feet of a fire hydrant or in a fire lane designated by a fire department or the state fire marshal.

  9.  Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in subsection 8 of this section, is liable to the owner of the property for four times the amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of this section.

  10.  Any county, city, town or village may enact ordinances or orders which are consistent with sections 304.155 to 304.158 and which may specify maximum reasonable towing, storage and other charges which can be imposed by towing and storage companies operating within the governmental entity's jurisdiction.

  11.  Any person who knowingly violates any provision of sections 304.155 to 304.158 shall be guilty of a class A misdemeanor.  Any violation of the provisions of this section shall constitute a violation of the provisions of section 407.020. In any proceeding brought by the attorney general for a violation of the provisions of this section, the court may, in addition to imposing the penalties provided for in this section order the revocation or suspension of the registration or license of the towing company.

  304.159.  Municipality may prohibit storage of certain vehicles, exceptions. — Any city, town or village within this state may prohibit, by ordinance, the storage of inoperable vehicles or other vehicles deemed by such city, town or village to constitute a public safety hazard.  Nothing in this section shall apply to a vehicle which is completely enclosed within a locked building or locked fenced area and not visible from adjacent public or private property, nor to any vehicle upon the property of a business licensed as salvage, swap, junk dealer, towing or storage facility so long as the business is operated in compliance with its business license and the property is in compliance with applicable zoning ordinances.

  304.160.  Glass, tacks, injurious substances, duty to remove from highway, when — penalty. — 1.  Any person who has purposely, accidentally, or by reason of an accident, dropped any tacks, nails, wire, scrap metal, glass, crockery, sharp stones, or other substances injurious to the feet of persons or animals, or to the tires or wheels of vehicles, including motor vehicles, upon any highway shall immediately make all reasonable efforts to clear the highway of the substances.

  2.  Violation of this section shall be deemed a class C misdemeanor.

  304.170.  Regulations as to width, height and length of vehicles — inapplicability, when — implements of husbandry defined — sludge disposal units. — 1.  No vehicle operated upon the highways of this state shall have a width, including load, in excess of one hundred two inches, except clearance lights, rearview mirrors or other accessories required by federal, state or city law or regulation.  Provided however, a recreational vehicle as defined in section 700.010 may exceed the foregoing width limits if the appurtenances on such recreational vehicle extend no further than the rearview mirrors.  Such mirrors may only extend the distance necessary to provide the required field of view before the appurtenances were attached.

  2.  No vehicle operated upon the interstate highway system or upon any route designated by the state highways and transportation commission shall have a height, including load, in excess of fourteen feet.  On all other highways, no vehicle shall have a height, including load, in excess of thirteen and one-half feet, except that any vehicle or combination of vehicles transporting automobiles or other motor vehicles may have a height, including load, of not more than fourteen feet.

  3.  No single motor vehicle operated upon the highways of this state shall have a length, including load, in excess of forty-five feet, except as otherwise provided in this section.

  4.  No bus, recreational motor vehicle or trackless trolley coach operated upon the highways of this state shall have a length in excess of forty-five feet, except that such vehicles may exceed the forty-five feet length when such excess length is caused by the projection of a front safety bumper or a rear safety bumper or both.  Such safety bumper shall not cause the length of the bus or recreational motor vehicle to exceed the forty-five feet length limit by more than one foot in the front and one foot in the rear.  Notwithstanding any provision of this section to the contrary, an articulated bus, comprised of two or more sections connected by a flexible joint or other mechanism, may be up to sixty feet in length, not including safety bumpers which may extend one foot in front and one foot in the rear, and not including bicycle storage racks which may extend over the safety bumper by up to five feet when in the down position transporting a bicycle.  The term "safety bumper" means any device which may be fitted on an existing bumper or which replaces the bumper and is so constructed, treated, or manufactured that it absorbs energy upon impact.

  5.  No combination of truck-tractor and semitrailer or truck-tractor equipped with dromedary and semitrailer operated upon the highways of this state shall have a length, including load, in excess of sixty feet; except that in order to comply with the provisions of P.L. 97-424 codified in Title 23 of the United States Code, 23 U.S.C. Section 101, et al., as amended, no combination of truck-tractor and semitrailer or truck-tractor equipped with dromedary and semitrailer operated upon the interstate highway system of this state shall have an overall length, including load, in excess of the length of the truck-tractor plus the semitrailer or truck-tractor equipped with dromedary and semitrailer.  The length of such semitrailer shall not exceed fifty-three feet.

  6.  In order to comply with the provisions of P.L. 97-424 codified in Title 23 of the United States Code, 23 U.S.C. Section 101, et al., as amended, no combination of truck-tractor, semitrailer and trailer operated upon the interstate highway system of this state shall have an overall length, including load, in excess of the length of the truck-tractor plus the semitrailer and trailer, neither of which semitrailer or trailer shall exceed twenty-eight feet in length, except that any existing semitrailer or trailer up to twenty-eight and one-half feet in length actually and lawfully operated on December 1, 1982, within a sixty-five foot overall length limit in any state, may continue to be operated upon the interstate highways of this state.  On those primary highways not designated by the state highways and transportation commission as provided in subsection 11 of this section, no combination of truck-tractor, semitrailer and trailer shall have an overall length, including load, in excess of sixty-five feet; provided, however, the commission may designate additional routes for such sixty-five foot combinations.

  7.  (1)  Automobile transporters, boat transporters, truck-trailer boat transporter combinations, and stinger-steered combination boat transporters having a length not in excess of seventy-five feet may be operated on the interstate highways of this state and such other highways as may be designated by the commission for the operation of such vehicles plus a distance not to exceed ten miles from such interstate or designated highway.  All length provisions regarding automobile or boat transporters, truck-trailer boat transporter combinations and stinger-steered combination boat transporters shall include a semitrailer length not to exceed fifty-three feet and are exclusive of front and rear overhang, which shall be no greater than a three-foot front overhang and no greater than a four-foot rear overhang.

  (2)  Stinger-steered combination automobile transporters having a length not in excess of eighty feet may be operated on the interstate highways of this state and such other highways as may be designated by the commission for the operation of such vehicles plus a distance not to exceed ten miles from such interstate or designated highway.  All length provisions regarding stinger-steered automobile combination transporters are exclusive of front and rear overhang, which shall be no greater than a four-foot front overhang and no greater than a six-foot rear overhang.

  (3)  Automobile transporters may transport cargo or general freight on a backhaul, as long as in compliance with weight limitations for a truck-tractor and semitrailer combination as outlined in section 304.180.

  8.  Driveaway saddlemount combinations having a length not in excess of ninety-seven feet may be operated on the interstate highways of this state and such other highways as may be designated by the commission for the operation of such vehicles plus a distance not to exceed ten miles from such interstate or designated highway.  Saddlemount combinations must comply with the safety requirements of Section 393.71 of Title 49 of the Code of Federal Regulations and may contain no more than three saddlemounted vehicles and one fullmount.

  9.  No truck-tractor semitrailer-semitrailer combination vehicles operated upon the interstate and designated primary highway system of this state shall have a semitrailer length in excess of twenty-eight feet or twenty-eight and one-half feet if the semitrailer was in actual and lawful operation in any state on December 1, 1982, operating in a truck-tractor semitrailer-semitrailer combination.  The B-train assembly is excluded from the measurement of semitrailer length when used between the first and second semitrailer of a truck-tractor semitrailer-semitrailer combination, except that when there is no semitrailer mounted to the B-train assembly, it shall be included in the length measurement of the semitrailer.

  10.  No towaway trailer transporter combination vehicles operated upon the interstate and designated primary highway system of this state shall have an overall length of more than eighty-two feet.

  11.  The commission is authorized to designate routes on the state highway system other than the interstate system over which those combinations of vehicles of the lengths specified in subsections 5, 6, 7, 8, 9, and 10 of this section may be operated.  Combinations of vehicles operated under the provisions of subsections 5, 6, 7, 8, 9, and 10 of this section may be operated at a distance not to exceed ten miles from the interstate system and such routes as designated under the provisions of this subsection.

  12.  Except as provided in subsections 5, 6, 7, 8, 9, 10, and 11 of this section, no other combination of vehicles operated upon the primary or interstate highways of this state plus a distance of ten miles from a primary or interstate highway shall have an overall length, unladen or with load, in excess of sixty-five feet or in excess of fifty-five feet on any other highway.

  13.  (1)  Except as hereinafter provided, these restrictions shall not apply to:

  (a)  Agricultural implements operating occasionally on the highways for short distances including tractor parades for fund-raising activities or special events, provided the tractors are driven by licensed drivers during daylight hours only and with the approval of the superintendent of the Missouri state highway patrol;

  (b)  Self-propelled hay-hauling equipment or to implements of husbandry, or to the movement of farm products as defined in section 400.9-102 or to vehicles temporarily transporting agricultural implements or implements of husbandry or road-making machinery, or road materials or towing for repair purposes vehicles that have become disabled upon the highways;

  (c)  Vehicles towing trailers specifically designed to carry harvested cotton, either as a single trailer or in tandem, with a total length, including the trailer or trailers, of not more than ninety-three feet; such vehicles shall only be used to haul harvested cotton, except when hauling hay within the state to areas affected by drought as determined by the National Drought Mitigation Center; or

  (d)  Implement dealers delivering or moving farm machinery for repairs on any state highway other than the interstate system.

  (2)  Implements of husbandry and vehicles transporting such machinery or equipment and the movement of farm products as defined in section 400.9-102 may be operated occasionally for short distances on state highways when operated between the hours of sunrise and sunset by a driver licensed as an operator or chauffeur.

  (3)  Notwithstanding any other provision of law to the contrary, agricultural machinery and implements may be operated on state highways between the hours of sunset and sunrise for agricultural purposes provided such vehicles are equipped with lighting meeting the requirements of section 307.115.

  14.  As used in this chapter the term "implements of husbandry" means all self-propelled machinery operated at speeds of less than thirty miles per hour, specifically designed for, or especially adapted to be capable of, incidental over-the-road and primary offroad usage and used exclusively for the application of commercial plant food materials or agricultural chemicals, and not specifically designed or intended for transportation of such chemicals and materials.

  15.  Sludge disposal units may be operated on all state highways other than the interstate system.  Such units shall not exceed one hundred thirty-eight inches in width and may be equipped with over-width tires.  Such units shall observe all axle weight limits.  The commission shall issue special permits for the movement of such disposal units and may by such permits restrict the movements to specified routes, days and hours.

  304.172.  Fire-fighting equipment exempt from size restrictions. — The provisions of sections 304.170 to 304.240 relating to height, width, and length restrictions for motor vehicles shall not apply to any motor vehicle and its attached apparatus which is designed for use and used by a fire department, fire protection district or volunteer fire protection association or when being operated by a fire apparatus manufacturer or sales organization for the purpose of sale, demonstration, exhibit, or delivery to a fire department, fire protection district or volunteer fire protection association.

  304.174.  Size and load restrictions not applicable to wreckers, tow trucks, rollbacks and car carriers, when. — The provisions of sections 304.170 to 304.240 relating to height, width, weight, length and load restrictions for motor vehicles shall not apply to any wrecker or tow truck performing a wrecker or towing service, as defined in section 301.010.  If a disabled or wrecked vehicle cannot be moved by a wrecker or tow truck, a rollback or car carrier, as defined in section 301.010, may be used without regard to such height, width, weight, length and load restrictions, if it is a bona fide wrecker operator or owner.

  304.180.  Regulations as to weight — axle load, tandem axle defined — transport of specific items, total gross weight permitted — requirements during disasters — specific vehicles, maximum weight. — 1.  No vehicle or combination of vehicles shall be moved or operated on any highway in this state having a greater weight than twenty thousand pounds on one axle, no combination of vehicles operated by transporters of general freight over regular routes as defined in section 390.020 shall be moved or operated on any highway of this state having a greater weight than the vehicle manufacturer's rating on a steering axle with the maximum weight not to exceed twelve thousand pounds on a steering axle, and no vehicle shall be moved or operated on any state highway of this state having a greater weight than thirty-four thousand pounds on any tandem axle; the term "tandem axle" shall mean a group of two or more axles, arranged one behind another, the distance between the extremes of which is more than forty inches and not more than ninety-six inches apart.

  2.  An "axle load" is defined as the total load transmitted to the road by all wheels whose centers are included between two parallel transverse vertical planes forty inches apart, extending across the full width of the vehicle.

  3.  Subject to the limit upon the weight imposed upon a highway of this state through any one axle or on any tandem axle, the total gross weight with load imposed by any group of two or more consecutive axles of any vehicle or combination of vehicles shall not exceed the maximum load in pounds as set forth in the following table:

­­

­

  4.  Whenever the state highways and transportation commission finds that any state highway bridge in the state is in such a condition that use of such bridge by vehicles of the weights specified in subsection 3 of this section will endanger the bridge, or the users of the bridge, the commission may establish maximum weight limits and speed limits for vehicles using such bridge.  The governing body of any city or county may grant authority by act or ordinance to the commission to enact the limitations established in this section on those roadways within the purview of such city or county.  Notice of the weight limits and speed limits established by the commission shall be given by posting signs at a conspicuous place at each end of any such bridge.

  5.  Nothing in this section shall be construed as permitting lawful axle loads, tandem axle loads or gross loads in excess of those permitted under the provisions of P.L. 97-424 codified in Title 23 of the United States Code (23 U.S.C. Section 101, et al.), as amended.

  6.  Notwithstanding the weight limitations contained in this section, any vehicle or combination of vehicles operating on highways other than the interstate highway system may exceed single axle, tandem axle and gross weight limitations in an amount not to exceed two thousand pounds.  However, total gross weight shall not exceed eighty thousand pounds, except as provided in subsections 9, 10, 12, 13, and 14 of this section.

  7.  Notwithstanding any provision of this section to the contrary, the commission shall issue a single-use special permit, or upon request of the owner of the truck or equipment shall issue an annual permit, for the transporting of any crane or concrete pump truck or well-drillers' equipment.  The commission shall set fees for the issuance of permits and parameters for the transport of cranes pursuant to this subsection.  Notwithstanding the provisions of section 301.133, cranes, concrete pump trucks, or well-drillers' equipment may be operated on state-maintained roads and highways at any time on any day.

  8.  Notwithstanding the provision of this section to the contrary, the maximum gross vehicle limit and axle weight limit for any vehicle or combination of vehicles equipped with an idle reduction technology may be increased by a quantity necessary to compensate for the additional weight of the idle reduction system as provided for in 23 U.S.C. Section 127, as amended.  In no case shall the additional weight increase allowed by this subsection be greater than five hundred fifty pounds.  Upon request by an appropriate law enforcement officer, the vehicle operator shall provide proof that the idle reduction technology is fully functional at all times and that the gross weight increase is not used for any purpose other than for the use of idle reduction technology.

  9.  Notwithstanding any provision of this section or any other law to the contrary, the total gross weight of any vehicle or combination of vehicles hauling milk from a farm to a processing facility or livestock may be as much as, but shall not exceed, eighty-five thousand five hundred pounds while operating on highways other than the interstate highway system.  The provisions of this subsection shall not apply to vehicles operated and operating on the Dwight D. Eisenhower System of Interstate and Defense Highways.

  10.  Notwithstanding any provision of this section or any other law to the contrary, any vehicle or combination of vehicles hauling grain or grain coproducts during times of harvest may be as much as, but not exceeding, ten percent over the maximum weight limitation allowable under subsection 3 of this section while operating on highways other than the interstate highway system.  The provisions of this subsection shall not apply to vehicles operated and operating on the Dwight D. Eisenhower System of Interstate and Defense Highways.

  11.  Notwithstanding any provision of this section or any other law to the contrary, the commission shall issue emergency utility response permits for the transporting of utility wires or cables, poles, and equipment needed for repair work immediately following a disaster where utility service has been disrupted.  Under exigent circumstances, verbal approval of such operation may be made either by the department of transportation motor carrier compliance supervisor or other designated motor carrier services representative.  Utility vehicles and equipment used to assist utility companies granted special permits under this subsection may be operated and transported on state-maintained roads and highways at any time on any day.  The commission shall promulgate all necessary rules and regulations for the administration of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.

  12.  Notwithstanding any provision of this section to the contrary, emergency vehicles designed to be used under emergency conditions to transport personnel and equipment and to support the suppression of fires and mitigate hazardous situations may have a maximum gross vehicle weight of eighty-six thousand pounds inclusive of twenty-four thousand pounds on a single steering axle; thirty-three thousand five hundred pounds on a single drive axle; sixty-two thousand pounds on a tandem axle; or fifty-two thousand pounds on a tandem rear-drive steer axle; except that, such emergency vehicles shall only operate on the Dwight D. Eisenhower National System of Interstate and Defense Highways.

  13.  Notwithstanding any provision of this section to the contrary, a vehicle operated by an engine fueled primarily by natural gas may operate upon the public highways of this state in excess of the vehicle weight limits set forth in this section by an amount that is equal to the difference between the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle and the weight of a comparable diesel tank and fueling system.  In no event shall the maximum gross vehicle weight of the vehicle operating with a natural gas engine exceed eighty-two thousand pounds.

  14.  Notwithstanding any provision of law to the contrary, local log trucks and local log truck tractors, as defined in section 301.010, may be operated with a weight not exceeding twenty-two thousand four hundred pounds on one axle or a weight not exceeding forty-four thousand eight hundred pounds on any tandem axle, except the front steering axle shall not exceed fifteen thousand pounds or the gross vehicle weight rating set by the manufacturer, and may have a total weight of up to one hundred nine thousand six hundred pounds.  Provided however, when operating on the national system of interstate and defense highways described in 23 U.S.C. Section 103, as amended, or outside the radius from the forested site specified in section 301.010 with an extended distance local log truck permit, the vehicle shall not exceed the weight limits otherwise specified in this section.

  304.181.  Buses, axle weight limits. — The limitations on weight on axles established in section 304.180, do not apply to buses.  No bus having a greater weight than twenty thousand pounds on one axle or thirty-four thousand pounds on any tandem axle shall be moved on or operated on any highway in this state.  The terms "axle" and "tandem axle" as used in this section shall have the same meaning as is provided in section 304.180, for other vehicles.

  304.184.  Transportation of solid waste, weight restrictions for trucks and tractor-trailers. — Notwithstanding any other provision of law to the contrary, any truck, tractor-trailer or other combination engaged in transporting solid waste, as defined by section 260.200, between any city and a solid waste disposal area or solid waste processing facility approved by the department of natural resources or department of health and senior services, may operate with a weight not to exceed twenty-two thousand four hundred pounds on one axle or a weight not to exceed forty-four thousand eight hundred pounds on any tandem axle; but nothing in this section shall be construed to permit the operation of any motor vehicle on the interstate highway system in excess of the weight limits imposed by federal statute; and no such truck, tractor-trailer or other combination shall exceed the width and length limitations provided in section 304.190.

  304.190.  Height and weight regulations (cities of 75,000 or more) — commercial zone defined. — 1.  No motor vehicle, unladen or with load, operating exclusively within the corporate limits of cities containing seventy-five thousand inhabitants or more or within two miles of the corporate limits of the city or within the commercial zone of the city shall exceed fifteen feet in height.

  2.  No motor vehicle operating exclusively within any said area shall have a greater weight than twenty-two thousand four hundred pounds on one axle.

  3.  The "commercial zone" of the city is defined to mean that area within the city together with the territory extending one mile beyond the corporate limits of the city and one mile additional for each fifty thousand population or portion thereof provided, however:

  (1)  The commercial zone surrounding a city not within a county shall extend twenty-five miles beyond the corporate limits of any such city not located within a county and shall also extend throughout any county with a charter form of government which adjoins that city and throughout any county with a charter form of government and with more than two hundred fifty thousand but fewer than three hundred fifty thousand inhabitants that is adjacent to such county adjoining such city;

  (2)  The commercial zone of a city with a population of at least four hundred thousand inhabitants but not more than four hundred fifty thousand inhabitants shall extend twelve miles beyond the corporate limits of any such city; except that this zone shall extend from the southern border of such city's limits, beginning with the western-most freeway, following said freeway south to the first intersection with a multilane undivided highway, where the zone shall extend south along said freeway to include a city of the fourth classification with more than eight thousand nine hundred but less than nine thousand inhabitants, and shall extend north from the intersection of said freeway and multilane undivided highway along the multilane undivided highway to the city limits of a city with a population of at least four hundred thousand inhabitants but not more than four hundred fifty thousand inhabitants, and shall extend east from the city limits of a special charter city with more than two hundred seventy-five but fewer than three hundred seventy-five inhabitants along State Route 210 and northwest from the intersection of State Route 210 and State Route 10 to include the boundaries of any city of the third classification with more than ten thousand eight hundred but fewer than ten thousand nine hundred inhabitants and located in more than one county.  The commercial zone shall continue east along State Route 10 from the intersection of State Route 10 and State Route 210 to the eastern city limit of a city of the fourth classification with more than five hundred fifty but fewer than six hundred twenty-five inhabitants and located in any county of the third classification without a township form of government and with more than twenty-three thousand but fewer than twenty-six thousand inhabitants and with a city of the third classification with more than five thousand but fewer than six thousand inhabitants as the county seat.  The commercial zone described in this subdivision shall be extended to also include the stretch of State Route 45 from its intersection with Interstate 29 extending northwest to the city limits of any village with more than forty but fewer than fifty inhabitants and located in any county of the first classification with more than eighty-three thousand but fewer than ninety-two thousand inhabitants and with a city of the fourth classification with more than four thousand five hundred but fewer than five thousand inhabitants as the county seat.  The commercial zone described in this subdivision shall be extended east from the intersection of State Route 7 and U.S. Highway 50 to include the city limits of a city of the fourth classification with more than one thousand fifty but fewer than one thousand two hundred inhabitants and located in any county with a charter form of government and with more than six hundred thousand but fewer than seven hundred thousand inhabitants, and from the eastern limits of said city east along U.S. Highway 50 up to and including the intersection of U.S. Highway 50 and State Route AA, then south along State Route AA up to and including the intersection of State Route AA and State Route 58, then west along State Route 58 to include the city limits of a city of the fourth classification with more than one hundred forty but fewer than one hundred sixty inhabitants and located in any county of the first classification with more than ninety-two thousand but fewer than one hundred one thousand inhabitants, and from the western limits of said city along State Route 58 to where State Route 58 intersects with State Route 7;

  (3)  The commercial zone of a city of the third classification with more than nine thousand six hundred fifty but fewer than nine thousand eight hundred inhabitants shall extend south from the city limits along U.S. Highway 61 to the intersection of State Route OO in a county of the third classification without a township form of government and with more than seventeen thousand eight hundred but fewer than seventeen thousand nine hundred inhabitants;

  (4)  The commercial zone of a home rule city with more than one hundred eight thousand but fewer than one hundred sixteen thousand inhabitants and located in a county of the first classification with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants shall extend north from the city limits along U.S. Highway 63, a state highway, to the intersection of State Route NN, and shall continue west and south along State Route NN to the intersection of State Route 124, and shall extend east from the intersection along State Route 124 to U.S. Highway 63.  The commercial zone described in this subdivision shall also extend east from the city limits along State Route WW to the intersection of State Route J and continue south on State Route J for four miles.

  4.  In no case shall the commercial zone of a city be reduced due to a loss of population.  The provisions of this section shall not apply to motor vehicles operating on the interstate highways in the area beyond two miles of a corporate limit of the city unless the United States Department of Transportation increases the allowable weight limits on the interstate highway system within commercial zones.  In such case, the mileage limits established in this section shall be automatically increased only in the commercial zones to conform with those authorized by the United States Department of Transportation.

  5.  Nothing in this section shall prevent a city, county, or municipality, by ordinance, from designating the routes over which such vehicles may be operated.

  6.  No motor vehicle engaged in interstate commerce, whether unladen or with load, whose operations in the state of Missouri are limited exclusively to the commercial zone of a first class home rule municipality located in a county with a population between eighty thousand and ninety-five thousand inhabitants which has a portion of its corporate limits contiguous with a portion of the boundary between the states of Missouri and Kansas, shall have a greater weight than twenty-two thousand four hundred pounds on one axle, nor shall exceed fifteen feet in height.

  304.200.  Special permits for oversize or overweight loads — rules for issuing — when valid. — 1.  The chief engineer of the state department of transportation, for good cause shown and when the public safety or public interest so justifies, shall issue special permits for vehicles or equipment exceeding the limitations on width, length, height and weight herein specified, or which are unable to maintain minimum speed limits.  Such permits shall be issued only for a single trip or for a definite period, not beyond the date of expiration of the vehicle registration, and shall designate the highways and bridges which may be used pursuant to the authority of such permit.

  2.  The chief engineer of the state department of transportation shall upon proper application and at no charge issue a special permit to any person allowing the movement on state and federal highways of farm products between sunset and sunrise not in excess of fourteen feet in width.  Special permits allowing movement of oversize loads of farm products shall allow for movement between sunset and sunrise, subject to appropriate requirements for safety lighting on the load, appropriate limits on load dimensions and appropriate consideration of high traffic density between sunset and sunrise on the route to be traveled.  The chief engineer may also issue upon proper application a special permit to any person allowing the movement on the state and federal highways of concrete pump trucks or well-drillers equipment.  For the purposes of this section, "farm products" shall have the same meaning as provided in section 400.9-109.

  3.  Rules and regulations for the issuance of special permits shall be prescribed by the state highways and transportation commission and filed with the secretary of state.  No rule or portion of a rule promulgated pursuant to the authority of section 304.010 and this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536.

  4.  The officer in charge of the maintenance of the streets of any municipality may issue such permits for the use of the streets by such vehicles within the limits of such municipalities.

  5.  In order to transport manufactured homes, as defined in section 700.010, on the roads, highways, bridges and other thoroughfares within this state, only the applicable permits required by this section shall be obtained.

  304.210.  Reduction of maximum weight by highways and transportation commission — notice. — Whenever by reason of thawing of frost, or rains, or due to new construction the roads are in a soft condition, the maximum weights on all vehicles mentioned in section 304.180, including trucks, tractors, trailers and semitrailers and other vehicles therein mentioned may be limited by the state highways and transportation commission to such an amount and in such manner as will preserve the road under such conditions; and said commission shall give due notice thereof by posting notices at convenient and public places along said road or roads or parts thereof which are subject to said regulations and reduction of weights.

  304.220.  Weight limits on county roads and bridges reduced, when — penalty for violation. — 1.  Whenever the county highway engineer of any county, or in any county in which there shall be no highway engineer, such other officer as the county commission may designate, shall find that any county road or bridge of such county is in such a condition that use thereof by vehicles of the weights specified in section 304.180, will endanger the road or bridge, or the users thereof, the county highway engineer may with the approval of the division engineer of the state transportation department whose division includes the area in question establish maximum weight limits for vehicles using such road or bridge in such amounts as will preserve the road or bridge and provide a reasonable margin of safety to the users thereof.  Notice of any such weight limit established shall be given by posting signs at convenient and public places along any such road, and in conspicuous places at each end of any such bridge.

  2.  It shall be unlawful for any person to operate a vehicle of a weight in excess of the maximum limit established pursuant to the provisions of this section on or over any road or bridge upon which such maximum weight limits have been established unless the person shall have the express permission of the officer empowered to establish such limit.

  3.  Any person who shall violate the provisions of this section shall be guilty of a class C misdemeanor, and shall be liable in a civil action for any damages to the road or bridge.

  304.230.  Enforcement of load laws — commercial vehicle inspectors, powers. — 1.  It shall be the duty of the sheriff of each county or city to see that the provisions of sections 304.170 to 304.230 are enforced, and any peace officer or police officer of any county or city or any highway patrol officer shall have the power to arrest on sight or upon a warrant any person found violating or having violated the provisions of such sections.  Beginning January 1, 2009, only law enforcement officers that have been approved by the Missouri state highway patrol under section 304.232, members of the Missouri state highway patrol, commercial vehicle enforcement officers, and commercial vehicle inspectors appointed under subsection 4 of this section shall have the authority to conduct random roadside examinations or inspections to determine compliance with sections 304.170 to 304.230, and only such officers shall have the authority, with or without probable cause to believe that the size or weight is in excess of that permitted by sections 304.170 to 304.230, to require the driver, operator, owner, lessee, or bailee, to stop, drive, or otherwise move to a location to determine compliance with sections 304.170 to 304.230.  Notwithstanding the provisions of this subsection, a law enforcement officer not certified under section 304.232 may stop a vehicle that has a visible external safety defect relating to the enforcement of the provisions of sections 304.170 to 304.230 that could cause immediate harm to the traveling public.  Nothing in this section shall be construed as preventing a law enforcement officer not certified under section 304.232 from stopping and detaining a commercial motor vehicle when such officer has probable cause to believe that the commercial motor vehicle is being used to conduct illegal or criminal activities unrelated to violations of sections 304.170 to 304.230.  In the course of a stop, the law enforcement officer shall identify to the driver the defect that caused the stop.  If the vehicle passes a comprehensive roadside inspection, the law enforcement officer, state highway patrolman, or other authorized person shall issue such vehicle a commercial vehicle safety alliance inspection decal to be affixed to the vehicle in a manner prescribed by the commercial vehicle safety alliance.  The superintendent of the Missouri state highway patrol shall promulgate rules and regulations relating to the implementation of the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.

  2.  Any peace officer approved under section 304.232 or any highway patrol officer is hereby given the power to stop any such conveyance or vehicle as above described upon the public highway for the purpose of determining whether such vehicle is loaded in excess of the provisions of sections 304.170 to 304.230, and if he or she finds such vehicle loaded in violation of the provisions thereof he or she shall have a right at that time and place to cause the excess load to be removed from such vehicle; and provided further, that any regularly employed maintenance man of the department of transportation shall have the right and authority in any part of this state to stop any such conveyance or vehicle upon the public highway for the purpose of determining whether such vehicle is loaded in excess of the provisions of sections 304.170 to 304.230, and if he or she finds such vehicle loaded in violation of the provisions thereof, he or she shall have the right at that time and place to cause the excess load to be removed from such vehicle.  When only an axle or a tandem axle group of a vehicle is overloaded, the operator shall be permitted to shift the load, if this will not overload some other axle or axles, without being charged with a violation; provided, however, the privilege of shifting the weight without being charged with a violation shall not extend to or include vehicles while traveling on the federal interstate system of highways.  When only an axle or tandem axle group of the vehicle traveling on the federal interstate system of highways is overloaded and a court authorized to enforce the provisions of sections 304.170 to 304.230 finds that the overloading was due to the inadvertent shifting of the load changing axle weights in transit through no fault of the operator of the vehicle and that the load thereafter had been shifted so that no axle had been overloaded, then the court may find that no violation has been committed.  The operator of any vehicle shall be permitted to back up and reweigh, or to turn around and weigh from the opposite direction.  Any operator whose vehicle is weighed and found to be within five percent of any legal limit may request and receive a weight ticket, memorandum or statement showing the weight or weights on each axle or any combinations of axles.  Once a vehicle is found to be within the limits of section 304.180 after having been weighed on any state scale and there is no evidence that any cargo or fuel has been added, no violation shall occur, but a presumption shall exist that cargo or fuel has been added if upon reweighing on another state scale the total gross weight exceeds the applicable limits of section 304.180 or 304.190.  The highways and transportation commission of this state may deputize and appoint any number of their regularly employed maintenance men to enforce the provisions of such sections, and the maintenance men delegated and appointed in this section shall report to the proper officers any violations of sections 304.170 to 304.230 for prosecution by such proper officers.

  3.  The superintendent of the Missouri state highway patrol may assign qualified persons who are not highway patrol officers to supervise or operate permanent or portable weigh stations used in the enforcement of commercial vehicle laws.  These persons shall be designated as commercial vehicle inspectors and have limited police powers:

  (1)  To issue uniform traffic tickets at a permanent or portable weigh station for violations of rules and regulations of the division of motor carrier services of the highway and transportation commission and department of public safety, and laws, rules, and regulations pertaining to commercial motor vehicles and trailers and related to size, weight, fuel tax, registration, equipment, driver requirements, transportation of hazardous materials and operators' or chauffeurs' licenses, and the provisions of sections 303.024 and 303.025;

  (2)  To require the operator of any commercial vehicle to stop and submit to a vehicle and driver inspection to determine compliance with commercial vehicle laws, rules, and regulations, the provisions of sections 303.024 and 303.025, and to submit to a cargo inspection when reasonable grounds exist to cause belief that a vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations;

  (3)  To make arrests for violation of subdivisions (1) and (2) of this subsection.  Commercial vehicle inspectors shall not have the authority to exercise the powers granted in subdivisions (1), (2) and (3) of this subsection until they have successfully completed training approved by the superintendent of the Missouri state highway patrol; nor shall they have the right as peace officers to bear arms.

  4.  The superintendent of the Missouri state highway patrol may appoint qualified persons, who are not members of the highway patrol, designated as commercial vehicle enforcement officers, with the powers:

  (1)  To issue uniform traffic tickets for violations of laws, rules and regulations pertaining to commercial vehicles, trailers, special mobile equipment and drivers of such vehicles, and the provisions of sections 303.024 and 303.025;

  (2)  To require the operator of any commercial vehicle to stop and submit to a vehicle and driver inspection to determine compliance with commercial vehicle laws, rules, and regulations, compliance with the provisions of sections 303.024 and 303.025, and to submit to a cargo inspection when reasonable grounds exist to cause belief that a vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations;

  (3)  To make arrests upon warrants and for violations of subdivisions (1) and (2) of this subsection.  Commercial vehicle officers selected and designated as peace officers by the superintendent of the Missouri state highway patrol are hereby declared to be peace officers of the state of Missouri, with full power and authority to make arrests solely for violations under the powers granted in subdivisions (1) to (3) of this subsection.  Commercial vehicle enforcement officers shall not have the authority to exercise the powers granted in subdivisions (1), (2) and (3) of this subsection until they have successfully completed training approved by the superintendent of the Missouri state highway patrol and have completed the mandatory standards for the basic training and licensure of peace officers established by the peace officers standards and training commission under subsection 1 of section 590.030.  Commercial vehicle officers who are employed and performing their duties on August 28, 2008, shall have until July 1, 2012, to comply with the mandatory standards regarding police officer basic training and licensure.  Commercial vehicle enforcement officers shall have the right as peace officers to bear arms.

  5.  Any additional employees needed for the implementation of this section shall be hired in conformity with the provisions of the federal fair employment and antidiscrimination acts.

  6.  Any part of this section which shall be construed to be in conflict with the axle or tandem axle load limits permitted by the Federal-Aid Highway Act, Section 127 of Title 23 of the United States Code (Public Law 85-767, 85th Congress) shall be null, void and of no effect.

  7.  The superintendent may also appoint members of the patrol who are certified under the commercial vehicle safety alliance with the power to conduct commercial motor vehicle and driver inspections and to require the operator of any commercial vehicle to stop and submit to said inspections to determine compliance with commercial vehicle laws, rules, and regulations, compliance with the provisions of sections 303.024 and 303.025, and to submit to a cargo inspection when reasonable grounds exist to cause belief that a vehicle is transporting hazardous materials as defined by Title 49 of the Code of Federal Regulations.

  304.232.  Municipal law enforcement officers, state highway patrol to approve certification procedures — fees — requirements — random roadside inspections prohibited, when — rulemaking authority. — 1.  The Missouri state highway patrol shall approve procedures for the certification of municipal police officers, sheriffs, deputy sheriffs, and other law enforcement officials that enforce sections 304.170 to 304.230.

  2.  The certification procedures shall meet the requirements of the memorandum of understanding between the state of Missouri and the commercial vehicle safety alliance or any successor organization, as periodically adopted or amended.

  3.  Commercial motor vehicle safety data collection, management, and distribution by law enforcement officials shall be compatible with the information systems of the Missouri state highway patrol.

  4.  The Missouri state highway patrol shall establish reasonable fees sufficient to recover the cost of training, recurring training, data collection and management, certifying, and additional administrative functions for law enforcement officials approved under this section.

  5.  The agencies for which law enforcement officials approved under this section shall adhere to the Motor Carrier Safety Assistance Program requirements under 49 Code of Federal Regulations Part 350 of the Federal Motor Carrier Safety Regulations.

  6.  The agencies for which law enforcement officials approved under this section shall be subject to periodic program reviews and be required to submit a commercial vehicle safety plan that is consistent with and incorporated into the statewide enforcement plan.

  7.  Beginning January 1, 2009, no local law enforcement officer may conduct a random commercial motor vehicle roadside inspection to determine compliance with the provisions of sections 304.170 to 304.230 unless the law enforcement officer has satisfactorily completed, as a part of his or her training, the basic course of instruction developed by the commercial vehicle safety alliance and has been approved by the Missouri state highway patrol under this section.  Law enforcement officers authorized to enforce the provisions of sections 304.170 to 304.230 shall annually receive in-service training related to commercial motor vehicle operations, including but not limited to training in current federal motor carrier safety regulations, safety inspection procedures, and out-of-service criteria.  The annual training requirements shall be approved by the superintendent of the state highway patrol.

  8.  Law enforcement officers who have received commercial vehicle safety alliance certification prior to January 1, 2009, shall be exempt from the provisions of this section and such officers shall be qualified to conduct random roadside inspections described under this section and section 304.230.

  9.  No safety inspection shall be performed on the shoulder of any highway with a posted speed limit in excess of forty miles per hour, except that safety inspections may be permitted on the shoulder at any entrance or exit of such highway where there is adequate space on the shoulder to safely perform such inspection.

  10.  The superintendent of the state highway patrol shall promulgate rules and regulations necessary to administer the certification procedures and any other provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.

  304.235.  Commercial vehicles licensed for eighteen thousand pounds or less not to stop at weigh station or be otherwise identified — confidentiality rules do not apply to commercial vehicle enforcement officers, when — penalty for evading weigh station. — All commercial motor vehicles shall be required to stop at an official weigh station, or to be identified through automated means approved by this state and determined to be in compliance without the necessity of stopping, except those licensed for a gross weight of not more than eighteen thousand pounds shall not be required to stop or to be identified unless so directed by a peace officer or a commercial motor vehicle enforcement officer or inspector.  The provisions of sections 32.057 and 32.091 which govern confidentiality and prohibit the release of information shall not apply to commercial motor vehicle enforcement officers or their licensees in the performance of their duties at weigh stations.  Any person who does not stop at a weigh station or who otherwise improperly evades stopping at the weight station and who is later determined not to be in compliance with the provisions of this chapter governing weigh limits may be punished pursuant to section 304.570.

  304.240.  Violation of load law a misdemeanor — penalty — local log truck and local log truck tractor, violation, penalty. — 1.  Any person, firm, corporation, partnership or association violating any of the provisions of sections 304.170 to 304.230 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than five dollars or by confinement in a county jail for not more than twelve months, or by both the fine and confinement; provided, however, that where load limits as defined in sections 304.180 to 304.220 have been violated, the fine shall be two cents for each pound of excess weight up to and including five hundred, and five cents for each pound of excess weight above five hundred and not exceeding one thousand, and ten cents for each pound in excess weight above one thousand; provided that, when any vehicle is being operated under a special permit as provided in section 304.200, the term "excess weight" means only weight in excess of the amount permitted in the permit as issued.  The court may, in its discretion, cause to be impounded the motor vehicle operated by any person violating the provisions of this section until such time as the fine and cost assessed by the court under this section is paid.

  2.  Notwithstanding subsection 1 of this section, the fine for a load-limit violation under sections 304.180 to 304.220 involving a local log truck or a local log truck tractor, as such terms are defined in section 301.010, shall be as follows:

  (1)  If the weight exceeds the limit by one pound to four thousand nine hundred ninety-nine pounds, the fine shall be ten cents for each pound of excess weight;

  (2)  If the weight exceeds the limit by five thousand pounds to nine thousand nine hundred ninety-nine pounds, the fine shall be twenty cents for each pound of excess weight; and

  (3)  If the weight exceeds the limit by ten thousand pounds or more, the fine shall be fifty cents for each pound of excess weight.

  304.250.  Restriction on use of metal-tired vehicles — penalty. — 1.  No metal-tired vehicle shall be operated over any of the improved highways of this state, except over highways constructed of gravel or claybound gravel, if such vehicle has on the periphery of any of the road wheels any lug, flange, cleat, ridge, bolt or any projection of metal or wood which projects radially beyond the tread or traffic surface of the tire, unless the highway is protected by putting down solid planks or other suitable material, or by attachments to the wheels so as to prevent such vehicles from damaging the highway, except that this prohibition shall not apply to tractors or traction engines equipped with what is known as caterpillar treads, when such caterpillar does not contain any projection of any kind likely to injure the surface of the road.  Tractors, traction engines and similar vehicles may be operated which have upon their road wheels "V" shaped, diagonal or other cleats arranged in such manner as to be continuously in contact with the road surface if the gross weight on the wheels per inch of width of such cleats or road surface, when measured in the direction of the axle of the vehicle, does not exceed eight hundred pounds.

  2.  No tractor, tractor engine, or other metal-tired vehicle weighing more than four tons, including the weight of the vehicle and its load, shall drive onto, upon or over the edge of any improved highway without protecting such edge by putting down solid planks or other suitable material to prevent such vehicle from breaking off the edges of the pavement.

  3.  Violation of this section shall be deemed an infraction and any person violating this section, whether operating pursuant to a permit or not, or who shall willfully or negligently damage a highway, shall be liable for the amount of such damage caused to any highway, bridge, culvert or sewer, and any vehicle causing such damage shall be subject to a lien for the full amount of such damage, which lien shall not be superior to any duly recorded or filed chattel mortgage or other lien previously attached to such vehicle; the amount of such damage may be recovered in any action in any court of competent jurisdiction, in the name of the state, by the municipality, county or other civil subdivision or interested party.

  304.260.  Tractors exempt — designation of truck routes by commission. — Farm tractors when using the highways in traveling from one field or farm to another, or to or from places of delivery or repair, or when participating in activities or events permitted under subsection 13^* of section 304.170 are exempt from the provisions of the law relating to registration and display of number plates, but shall comply with all the other provisions hereof.  The state highways and transportation commission shall have the power and authority to prescribe the type of road upon which such tractors may be used and may exclude the use of such tractors or the use of trucks of any particular weight from the use of certain designated roads or types of roads, by the posting of signs along or upon such roads or any part thereof.

  304.271.  Observance of traffic-control devices — presumptions — penalty. — 1.  The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed in accordance with the provisions of the law, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in the law.

  2.  No provision of the law for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.  Whenever a particular section does not state that official traffic-control devices are required, such section shall be effective even though no devices are erected or in place.

  3.  Whenever official traffic-control devices are placed in position approximately conforming to the requirements of the law, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.

  4.  Any official traffic-control device placed pursuant to the provisions of the law and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.

  5.  Notwithstanding the provisions of section 304.361, violation of this section is a class C misdemeanor.

  304.281.  Rules for traffic where controlled by light signals — right turn on red light, when — violations, penalty. — 1.  Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and said lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

  (1)  Green indication

  (a)  Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn.  But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited;

  (b)  Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time.  Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection;

  (c)  Unless otherwise directed by a pedestrian control signal, as provided in section 304.291, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

  (2)  Steady yellow indication

  (a)  Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection;

  (b)  Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian control signal as provided in section 304.291, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

  (3)  Steady red indication

  (a)  Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection at a clearly marked stop line but, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in paragraph (b);

  (b)  The driver of a vehicle which is stopped as close as practicable at the entrance to the crosswalk on the near side of the intersection or, if none, then at the entrance to the intersection in obedience to a red signal, may cautiously enter the intersection to make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, except that the state highways and transportation commission with reference to an intersection involving a state highway, and local authorities with reference to an intersection involving other highways under their jurisdiction, may prohibit any such right turn against a red signal at any intersection where safety conditions so require, said prohibition shall be effective when a sign is erected at such intersection giving notice thereof;

  (c)  Unless otherwise directed by a pedestrian control signal as provided in section 304.291, pedestrians facing a steady red signal alone shall not enter the roadway.

  (4)  In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provision of this section shall be applicable except as to those provisions which by their nature can have no application.  Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal.

  2.  Notwithstanding the provisions of section 304.361, violation of this section is a class C misdemeanor.

  304.285.  Red light violations by motorcycles or bicycles, affirmative defense, when. — Any person operating a motorcycle or bicycle who violates the provisions of section 304.281 or section 304.301 by entering or crossing an intersection controlled by a traffic control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:

  (1)  The motorcycle or bicycle has been brought to a complete stop;

  (2)  The traffic control signal continues to show a red light for an unreasonable time;

  (3)  The traffic control is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and

  (4)  No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.  

­­

­

  304.289.  Timing of signals, minimum interval times to be established. — The timing of any traffic-control signal shall conform to regulations promulgated by the Department of Transportation.  The department of transportation shall establish minimal yellow light change interval times for traffic-control devices.  The minimal yellow light change interval time shall be established in accordance with nationally recognized engineering standards set forth in the Manual on Uniform Traffic Control Devices, and any such established time shall not be less than the recognized national standard.

  304.291.  Rules for pedestrians controlled by special signs. — Whenever special pedestrian-control signals exhibiting the words "Walk" or "Don't Walk" are in place such signals shall indicate as follows:

  (1)  Walk.  Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.

  (2)  Don't Walk.  No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his crossing on the "walk" signal shall proceed to a sidewalk or safety island while the "don't walk" signal is showing.

  304.301.  Rules for vehicular traffic controlled by flashing signals — violation, penalty. — 1.  Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:

  (1)  Flashing red (stop signal).  When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign;

  (2)  Flashing yellow (caution signal).  When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signal only with caution.

  2.  Notwithstanding the provisions of section 304.361, any person who violates subdivision (1) of subsection 1 of this section is guilty of a class C misdemeanor and any person who violates subdivision (2) of subsection 1 of this section is guilty of an infraction.

  304.311.  Observance of lane — direction — control signals. — When lane-direction-control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a green signal is shown, but shall not enter or travel in any lane over which a red signal is shown.

  304.321.  Unauthorized signal devices prohibited — trafficway not to be used for signs — nuisances declared. — 1.  No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of an official traffic-control device or any railroad sign or signal.

  2.  No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising unless authorized by the Missouri highways and transportation commission.

  3.  This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.

  4.  Every such prohibited sign, signal or marking is hereby declared to be a public nuisance.

  304.331.  Alteration or removal of traffic-control devices prohibited. — No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof.

  304.341.  Turns at intersection — violation, penalty. — 1.  The driver of a vehicle intending to turn at an intersection shall do so as follows:

  (1)  Right turns.  — Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

  (2)  Left turns.  — The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to the traffic moving in the direction of travel of such vehicle and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered.

  (3)  The highways and transportation commission or local authorities in their respective jurisdictions may cause official traffic-control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when such devices are so placed no driver of a vehicle shall turn a vehicle at any intersection other than as directed and required by such devices.

  2.  It shall be unlawful for the driver of any vehicle to turn such vehicle so as to proceed in the opposite direction at any intersection controlled by a traffic signal or police officer; nor shall such turn be made at any place unless the movement can be made in safety and without interfering with other traffic.  The driver of a vehicle shall not turn such vehicle around so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade, or at any place upon a roadway where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction along the roadway within a distance of three hundred feet, or where the same may create a traffic hazard.

  3.  No vehicle in a residence district shall be turned left across the roadway or so as to proceed in the opposite direction when any other vehicle is approaching from either direction where the same may create a traffic hazard.

  4.  Notwithstanding the provisions of section 304.361, violation of this section is a class C misdemeanor.

  304.351.  Right-of-way at intersection — signs at intersections — violation, penalty — additional penalties — definitions — order of suspension, contents, appeal. — 1.  The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.

  2.  When two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right.  This subsection shall not apply to vehicles approaching each other from opposite directions when the driver of one of such vehicles is attempting to or is making a left turn.

  3.  The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.

  4.  (1)  The state highways and transportation commission with reference to state highways and local authorities with reference to other highways under their jurisdiction may designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to such intersection.

  (2)  Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in this section:

  (a)  Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic in the intersecting roadway before entering the intersection.  After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.

  (b)  The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable to the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.  After slowing or stopping the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time such traffic is moving across or within the intersection.

  5.  The driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.

  6.  The driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.

  7.  The state highways and transportation commission or local authorities with respect to roads under their respective jurisdictions, on any section where construction or major maintenance operations are being effected, may fix a speed limit in such areas by posting of appropriate signs, and the operation of a motor vehicle in excess of such speed limit in the area so posted shall be deemed prima facie evidence of careless and imprudent driving and a violation of section 304.010.

  8.  Notwithstanding the provisions of section 304.361, violation of this section shall be deemed a class C misdemeanor.

  9.  In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused physical injury, there shall be assessed a penalty of up to two hundred dollars.  The court may issue an order of suspension of such person's driving privilege for a period of thirty days.

  10.  In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused serious physical injury, there shall be assessed a penalty of up to five hundred dollars.  The court may issue an order of suspension of such person's driving privilege for a period of ninety days.

  11.  In addition to the penalty specified in subsection 8 of this section, any person who pleads guilty to or is found guilty of a violation of this section in which the offender is found to have caused a fatality, there shall be assessed a penalty of up to one thousand dollars.  The court may issue an order of suspension of such person's driving privilege for a period of six months.

  12.  As used in subsections 9 and 10 of this section, the terms "physical injury" and "serious physical injury" shall have the meanings ascribed to them in section 556.061.

  13.  For any court-ordered suspension under subsection 9, 10, or 11 of this section, the director of the department shall impose such suspension as set forth in the court order.  The order of suspension shall include the name of the offender, the offender's driver's license number, Social Security number, and the effective date of the suspension.  Any appeal of a suspension imposed under subsection 9, 10, or 11 of this section shall be a direct appeal of the court order and subject to review by the presiding judge of the circuit court or another judge within the circuit other than the judge who issued the original order to suspend the driver's license.  The director of revenue's entry of the court-ordered suspension on the driving record is not a decision subject to review under section 302.311.  Any suspension of the driver's license ordered by the court under this section shall be in addition to any other suspension that may occur as a result of the conviction under other provisions of law.

  304.361.  Penalty for violation of sections 304.271 to 304.351. — Any person who violates any of the provisions of sections 304.271 to 304.351 is guilty of a misdemeanor and shall be punished by a fine of not less than five dollars nor more than five hundred dollars or by imprisonment in the county jail not exceeding one year or by both such fine and imprisonment.

  304.373.  Hazardous materials, requirements for transportation — violations, penalties. — 1.  For the purpose of this section, "hazardous materials" shall be as defined pursuant to Part 397, Title 49, Code of Federal Regulations, as adopted and amended.

  2.  No person shall transport hazardous materials in or through any highway tunnel in this state.  For purposes of this section, a tunnel shall be defined as a horizontal subterranean passageway through or under an obstruction of a length of one hundred yards or more.

  3.  No person shall park a vehicle containing hazardous materials within three hundred feet of any highway tunnel in this state except as provided pursuant to Part 397, Title 49, Code of Federal Regulations, as adopted and as such regulations have been and may periodically be amended.

  4.  Any person who is found or pleads guilty to a violation of this section shall be guilty of a class B misdemeanor.  Any person who is found or pleads guilty to a second or subsequent violation of this section shall be guilty of a class A misdemeanor.  Violations of this section shall be enforced pursuant to section 390.201.

  304.570.  Penalty for violations. — Any person who violates any of the provisions of this chapter or of sections 307.020 to 307.295, for which no specific punishment is provided, upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than five hundred dollars or by imprisonment in the county jail for a term not exceeding one year, or by both such fine and imprisonment.

  304.580.  Definitions. — As used in sections 304.582 and 304.585, the term "construction zone" or "work zone" means any area upon or around any highway as defined in section 302.010 which is visibly marked by the department of transportation or a contractor or subcontractor performing work for the department of transportation as an area where construction, maintenance, incident removal, or other work is temporarily occurring.  The term "work zone" or "construction zone" also includes the lanes of highway leading up to the area upon which an activity described in this subsection is being performed, beginning at the point where appropriate signs or traffic control devices are posted or placed.  The terms "worker" or "highway worker" as used in sections 304.582 and 304.585 shall mean any person who is working in a construction zone or work zone on a state highway or the right-of-way of a state highway, any employee of the department of transportation who is performing duties under the department's motorist assist program on a state highway or the right-of-way of a state highway, or any utility worker performing utility work on a state highway or the right-of-way of a state highway.  "Utility worker" means any employee or person employed under contract of a utility that provides gas, heat, electricity, water, steam, telecommunications or cable services, or sewer services, whether privately, municipally, or cooperatively owned, while in performance of his or her job duties.

  304.582.  Fines for moving violations — fines for violations in work or construction zones — signs required for assessing fines — penalty for passing in work or construction zones — not applicable to court costs. — 1.  Upon the first conviction or plea of guilty by any person for a moving violation as defined in section 302.010, or any offense listed in section 302.302, the court shall assess a fine of thirty-five dollars in addition to any other fine authorized to be imposed by law, if the offense occurred within a construction zone or a work zone.  Upon a second or subsequent such conviction or plea of guilty, the court shall assess a fine of seventy-five dollars in addition to any other fine authorized to be imposed by law.

  2.  Upon the first conviction or plea of guilty by any person for a speeding violation under either section 304.009 or 304.010, or a passing violation under subsection 4 of this section, the court shall assess a fine of two hundred fifty dollars in addition to any other fine authorized by law if the offense occurred within a construction zone or a work zone and at the time the speeding or passing violation occurred there was any highway worker in such zone.  Upon a second or subsequent such conviction or plea of guilty, the court shall assess a fine of three hundred dollars in addition to any other fine authorized by law.  However, no person assessed an additional fine under this subsection shall also be assessed an additional fine under subsection 1 of this section, and no person shall be assessed an additional fine under this subsection if no signs have been posted under subsection 3 of this section.

  3.  The penalty authorized by subsection 2 of this section shall only be assessed by the court if the department of transportation or a contractor or subcontractor performing work for the department of transportation has erected signs upon or around a construction zone or work zone which are clearly visible from the highway and which state substantially the following message:  "Warning:  Minimum $250 fine for speeding or passing in this work zone when workers are present.".

  4.  The driver of a motor vehicle may not overtake or pass another motor vehicle within a work zone or construction zone as provided in this subsection.  Violation of this subsection is a class C misdemeanor.

  (1)  This subsection applies to a construction zone or work zone located upon a highway divided into two or more marked lanes for traffic moving in the same direction and for which motor vehicles are instructed to merge from one lane into another lane and not pass by appropriate signs or traffic control devices erected by the department of transportation or a contractor or subcontractor performing work for the department of transportation.

  (2)  This subsection also prohibits the operator of a motor vehicle from passing or attempting to pass another motor vehicle in a work zone or construction zone located upon a two-lane highway when highway workers or equipment are working and when appropriate signs or traffic control devices have been erected by the department of transportation or a contractor or subcontractor performing work for the department of transportation.

  5.  The additional fines imposed by this section shall not be construed to enhance the assessment of court costs or the assessment of points under section 302.302.

  304.585.  Endangerment of a highway worker defined — fine, points assessed — aggravated endangerment of a highway worker, fine, points assessed — offense not applicable in absence of workers in zone — no citation or conviction, when — revocation of driver's license, when. — 1.  A person shall be deemed to commit the offense of "endangerment of a highway worker" upon conviction for any of the following when the offense occurs within a construction zone or work zone, as defined in section 304.580:

  (1)  Exceeding the posted speed limit by fifteen miles per hour or more;

  (2)  Passing in violation of subsection 4 of section 304.582;

  (3)  Failure to stop for a work zone flagman or failure to obey traffic control devices erected in the construction zone or work zone for purposes of controlling the flow of motor vehicles through the zone;

  (4)  Driving through or around a work zone by any lane not clearly designated to motorists for the flow of traffic through or around the work zone;

  (5)  Physically assaulting, or attempting to assault, or threatening to assault a highway worker in a construction zone or work zone, with a motor vehicle or other instrument;

  (6)  Intentionally striking, moving, or altering barrels, barriers, signs, or other devices erected to control the flow of traffic to protect workers and motorists in the work zone for a reason other than avoidance of an obstacle, an emergency, or to protect the health and safety of an occupant of the motor vehicle or of another person; or

  (7)  Committing any of the following offenses for which points may be assessed under section 302.302:

  (a)  Leaving the scene of an accident in violation of section 577.060;

  (b)  Careless and imprudent driving in violation of subsection 4 of section 304.016;

  (c)  Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020;

  (d)  Operating with a suspended or revoked license;

  (e)  Driving while in an intoxicated condition or under the influence of controlled substances or drugs or driving with an excessive blood alcohol content;

  (f)  Any felony involving the use of a motor vehicle.

  2.  Upon conviction or a plea of guilty for committing the offense of endangerment of a highway worker under subsection 1 of this section if no injury or death to a highway worker resulted from the offense, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than one thousand dollars and shall have four points assessed to his or her driver's license under section 302.302.

  3.  A person shall be deemed to commit the offense of "aggravated endangerment of a highway worker" upon conviction or a plea of guilty for any offense under subsection 1 of this section when such offense occurs in a construction zone or work zone as defined in section 304.580 and results in the injury or death of a highway worker.  Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than five thousand dollars if the offense resulted in injury to a highway worker and ten thousand dollars if the offense resulted in death to a highway worker.  In addition, such person shall have twelve points assessed to their driver's license under section 302.302 and shall be subject to the provisions of section 302.304 regarding the revocation of the person's license and driving privileges.

  4.  Except for the offense established under subdivision (6) of subsection 1 of this section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one or more highway workers were in the construction zone or work zone.

  5.  No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker, for any act or omission otherwise constituting an offense under subsection 1 of this section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle or from the negligence of another person or a highway worker.

  6.  (1)  Notwithstanding any provision of this section or any other law to the contrary, the director of the department of revenue or his or her agent shall order the revocation of a driver's license upon its determination that an individual holding such license was involved in a physical accident where his or her negligent acts or omissions contributed to his or her vehicle striking a highway worker within a designated construction zone or work zone where department of transportation guidelines involving notice and signage were properly implemented.  The department shall make its determination of these facts on the basis of the report of a law enforcement officer investigating the incident and this determination shall be final unless a hearing is requested and held as provided under subdivision (2) of this subsection.  Upon its determination that the facts support a license revocation, the department shall issue a notice of revocation which shall be mailed to the person at the last known address shown on the department's records.  The notice is deemed received three days after mailing unless returned by postal authorities.  The notice of revocation shall clearly specify the reason and statutory grounds for the revocation, the effective date of the revocation which shall be at least fifteen days from the date the department issued its order, the right of the person to request a hearing, and the date by which the request for a hearing must be made.

  (2)  An individual who received notice of revocation from the department under this section may seek reinstatement by either:

  (a)  Taking and passing the written and driving portions of the driver's license examination, in which case the individual's driver's license shall be immediately reinstated; or

  (b)  Petitioning for a hearing before a circuit division or associate division of the court in the county in which the work zone accident occurred.  The individual may request such court to issue an order staying the revocation until such time as the petition for review can be heard.  If the court, in its discretion, grants such stay, it shall enter the order upon a form prescribed by the director of revenue and shall send a copy of such order to the director.  Such order shall serve as proof of the privilege to operate a motor vehicle in this state, and the director shall maintain possession of the person's license to operate a motor vehicle until the termination of any suspension under this subsection.  The clerk of the court shall notify the prosecuting attorney of the county, and the prosecutor shall appear at the hearing on behalf of the director of revenue.  At the hearing, the court shall determine only:

  a.  Whether the person was involved in a physical accident where his or her vehicle struck a highway worker within a designated construction or work zone;

  b.  Whether the department of transportation guidelines involving notice and signage were properly implemented in such work zone; and

  c.  Whether the investigating officer had probable cause to believe the person's negligent acts or omissions contributed to his or her vehicle striking a highway worker.

­­

­

  (3)  The department of revenue administrative adjudication to reinstate a driver's license that was revoked under this subsection, and any evidence provided to the department related to such adjudication, shall not be produced by subpoena or any other means and made available as evidence in any other administrative action, civil case, or criminal prosecution.  The court's determinations issued under this section, and the evidence provided to the court relating to such determinations, shall not be produced by subpoena or any other means and made available in any other administrative action, civil case, or criminal prosecution.  Nothing in this subdivision shall be construed to prevent the department from providing information to the system authorized under 49 U.S.C. Section 31309, or any successor federal law, pertaining to the licensing, identification, and disqualification of operators of commercial motor vehicles.

  304.590.  Travel safe zone defined — doubling of fine for violation in — signage required. — 1.  As used in this section, the term "travel safe zone" means any area upon or around any highway, as defined in section 302.010, which is visibly marked by the department of transportation; and when a highway safety analysis demonstrates fatal or disabling motor vehicle crashes exceed a predicted safety performance level for comparable roadways as determined by the department of transportation.

  2.  Upon a conviction or a plea of guilty by any person for a moving violation as defined in section 302.010 or any offense listed in section 302.302, the court may double the amount of fine authorized to be imposed by law, if the moving violation or offense occurred within a travel safe zone.

  3.  Upon a conviction or plea of guilty by any person for a speeding violation under section 304.009 or 304.010, the court may double the amount of fine authorized by law, if the violation occurred within a travel safe zone.

  4.  The penalty authorized under subsections 2 and 3 of this section shall only be assessed by the court if the department of transportation has erected signs upon or around a travel safe zone which are clearly visible from the highway and which state substantially the following message: "Travel Safe Zone — Fines Doubled".

  5.  This section shall not be construed to enhance the assessment of court costs or the assessment of points under section 302.302.

  304.665.  Riding in open bed of truck prohibited, when, exceptions, penalty. — 1.  No person shall operate any truck, as defined in section 301.010, with a licensed gross weight of less than twelve thousand pounds on any highway which is part of the state or federal highway system or when such truck is operated within the corporate limits of any city when any person under eighteen years of age is riding in the unenclosed bed of such truck.  No person under eighteen years of age shall ride in the unenclosed bed of such truck when the truck is in operation.  Any person who operates a truck with a licensed gross weight of less than twelve thousand pounds in violation of this section is guilty of a class C misdemeanor.

  2.  The provisions of this section shall only apply when a truck described in subsection 1 of this section is operated on a highway which is part of the state or federal highway system or when such truck is operated within the corporate limits of any city.  The provisions of this section shall not apply to:

  (1)  An employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck;

  (2)  Any person while engaged in agricultural activities where it is necessary to ride in the unenclosed bed of the truck;

  (3)  Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by law;

  (4)  Any person riding in the unenclosed bed of a truck if such truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck;

  (5)  Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of participating in a special event and it is necessary that the person ride in such unenclosed bed due to a lack of available seating.  "Special event", for the purposes of this section, is a specific social activity of a definable duration which is participated in by the person riding in the unenclosed bed;

  (6)  Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to, or ensuring the safety of, other persons engaged in a recreational activity; or

  (7)  Any person riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed and insured vehicle owned by the family of the person riding in the unenclosed bed and there is insufficient room in the passenger cab of the truck to accommodate all passengers in such truck.  For the purposes of this subdivision the term "family" shall mean any persons related within the first degree of consanguinity.

  304.670.  Collection and maintenance of certain information regarding traffic law enforcement, analyses to be conducted. — 1.  The highway patrol and any local law enforcement agency may collect, correlate and maintain the following information regarding traffic law enforcement:

  (1)  The number of drivers stopped for routine traffic enforcement and whether or not a citation or warning was issued;

  (2)  Identifying characteristics of the drivers stopped, including race, ethnicity, age and gender;

  (3)  The alleged violation that led to the stop;

  (4)  Whether a search was instituted as a result of the stop;

  (5)  Whether the vehicle, personal effects, driver or passengers were searched, and the race, ethnicity, age and gender of any person searched;

  (6)  Whether the search was conducted pursuant to consent, probable cause or reasonable suspicion to suspect a crime, including the basis for the request for consent, or the circumstances establishing probable cause or reasonable suspicion;

  (7)  Whether any contraband was found and the type and amount of any contraband;

  (8)  Whether an arrest was made;

  (9)  Whether any property was seized and a description of such property;

  (10)  Whether the officers making the stop encountered any physical resistance from the driver or passengers;

  (11)  Whether the officers making the stop engaged in the use of force against the driver or any passengers;

  (12)  Whether the circumstances surrounding the stop were the subject of any investigation, and the results of such investigation.

  2.  The information to be collected pursuant to subsection 1 of this section need not be collected in connection with roadblocks, vehicle checks or checkpoints, except when such stops result in a^* warning, search, seizure or arrest.

  3.  The highway patrol shall conduct analyses of the information collected pursuant to this section to determine whether law enforcement officers are using profiles in law enforcement activities.

  304.678.  Distance to be maintained when overtaking a bicycle — violation, penalty. — 1.  The operator of a motor vehicle overtaking a bicycle proceeding in the same direction on the roadway, as defined in section 300.010, shall leave a safe distance, when passing the bicycle, and shall maintain clearance until safely past the overtaken bicycle.

  2.  Any person who violates the provisions of this section is guilty of an infraction unless an accident is involved in which case it shall be a class C misdemeanor.

  304.705.  Certain trucks not to drive in far left lane of certain interstate highways (St. Charles and Jefferson counties). — 1.  In any county with a population of more than one hundred eighty thousand inhabitants that adjoins a county with a charter form of government with a population of more than nine hundred thousand inhabitants, all trucks registered for a gross weight of more than twenty-four thousand pounds, as of January 1, 2008, shall not be driven in the far left lane upon an interstate highway having at least three lanes proceeding in the same direction, within three miles of where an interstate highway and a three-digit numbered Missouri route intersects with an average daily traffic count on the interstate highway of at least one hundred thirty thousand vehicles at such point.  The Missouri department of transportation shall design, manufacture, and install any informational and directional signs at the appropriate locations.  Such restriction shall not apply when:

  (1)  It is reasonably necessary for the operation of the truck to respond to emergency conditions; or

  (2)  The right or a center lane of a roadway is closed to traffic while under construction, maintenance, or repair.

  2.  As used in this section, "truck" means any vehicle, machine, tractor trailer, or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for or used in the transportation of property upon the highways.

  3.  A violation of this section is an infraction unless such violation causes an immediate threat of an accident, in which case such violation shall be deemed a class C misdemeanor, or unless an accident results from such violation, in which case such violation is a class A misdemeanor.

  304.725.  Veterans displaying special license plates or certain military medal recipients may park without charge in metered parking — windshield placard for veterans and certain military medal recipients — exceptions. — 1.  A veteran displaying special license plates issued under section 301.145, 301.443, 301.451, 301.456, 301.3052, 301.3053, or 301.3075, or a Distinguished Service Cross recipient, Air Force Cross recipient, or Coast Guard Cross recipient who displays a placard issued under subsection 2 of this section may park his or her motor vehicle, weighing not more than six thousand pounds gross weight, without charge, in a metered parking space or in a parking lot or garage on any public college or university in the state of Missouri, except during a special event where a separate parking fee may apply.

  2.  A veteran who has been awarded the Distinguished Service Cross, Air Force Cross, Coast Guard Cross, or a veteran who qualifies for a special license plate under subsection 1 of this section may apply to the director of revenue for a removable windshield placard at no cost to the veteran.  Upon application, such veteran shall present proof to the director of his or her receipt of such award.  Such placard shall be hung from the front, middle rearview mirror of a parked motor vehicle and may not be hung from the mirror during operation.  When there is no rearview mirror, the placard shall be displayed on the dashboard on the driver's side.

  3.  A local authority's compliance with this section is solely contingent upon the approval of its governing body.

  4.  This section does not exempt a vehicle displaying special license plates under section 301.145, 301.443, 301.451, 301.456, 301.3052, 301.3053, or 301.3075, or displaying a placard as provided in subsection 2 of this section, from compliance with any other state law or ordinance, including, but not limited to, vehicle height restrictions, zones that prohibit stopping, parking, or standing of all vehicles, parking time limitations, street sweeping, restrictions of the parking space to a particular type of vehicle, or the parking of a vehicle that is involved in the operation of a street vending business.

  5.  This section does not authorize a vehicle displaying special license plates under section 301.145, 301.443, 301.451, 301.456, 301.3052, 301.3053, or 301.3075, or displaying a placard as provided in subsection 2 of this section, to park in a state parking facility that is designated only for state employees.

  6.  This section does not authorize a vehicle displaying special license plates under section 301.145, 301.443, 301.451, 301.456, 301.3052, 301.3053, or 301.3075, or displaying a placard as provided in subsection 2 of this section, to park during time periods other than the normal business hours of, or the maximum time allotted by, a state or local authority parking facility.

  7.  This section does not require the state or a local authority to designate specific parking spaces for vehicles displaying special license plates under section 301.145, 301.443, 301.451, 301.456, 301.3052, 301.3053, or 301.3075, or displaying a placard as provided in subsection 2 of this section.

  304.822.  Electronic communication device, use of while driving prohibited, when — citation of law — definitions — school bus operations, prohibited acts — inapplicability, when — penalties for violations — search of device, right to decline — preemption. — 1.  This section shall be known as the "Siddens Bening Hands Free Law".

  2.  As used in this section, the following terms shall mean:

  (1)  "Commercial motor vehicle", the same meaning as is ascribed to such term in section 302.700;

  (2)  "Electronic communication device", a portable device that is used to initiate, receive, store, or view communication, information, images, or data electronically.

  (a)  Such term shall include but not be limited to:  cellular telephones; portable telephones; text-messaging devices; personal digital assistants; pagers; broadband personal communication devices; electronic devices with mobile data access; computers, including but not limited to tablets, laptops, notebook computers, and electronic or video game systems; devices capable of transmitting, retrieving, or displaying a video, movie, broadcast television image, or visual image; and any substantially similar device that is used to initiate or receive communication or store and review information, videos, images, or data.

  (b)  Such term shall not include:  radios; citizens band radios; commercial two-way radio communication devices or their functional equivalent; subscription-based emergency communication devices; prescribed medical devices; amateur or ham radio devices; or global positioning system receivers, security, navigation, communication, or remote diagnostics systems permanently affixed to the vehicle;

  (3)  "Highway", the same meaning as is ascribed to such term in section 302.010;

  (4)  "Noncommercial motor vehicle", the same meaning as is ascribed to such term in section 302.700;

  (5)  "Operating", the actual physical control of a vehicle;

  (6)  "Operator", a person who is in actual physical control;

  (7)  "School bus", the same meaning as is ascribed to such term in section 302.700;

  (8)  "Voice-operated or hands-free feature or function", a feature or function, whether internally installed or externally attached or connected to an electronic communication device, that allows a person to use an electronic communication device without the use of either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.

  3.  Except as otherwise provided in this section, while operating a noncommercial motor vehicle or commercial motor vehicle on any highway or property open to the public for vehicular traffic in this state, no operator shall:

  (1)  Physically hold or support, with any part of his or her body, an electronic communication device;

  (2)  Write, send, or read any text-based communication, including but not limited to a text message, instant message, email, or social media interaction on an electronic communication device.  This subdivision shall not apply to operators of a noncommercial motor vehicle using a voice-operated or hands-free feature or function that converts the message to be sent as a message in a written form, provided that the operator does not divert his or her attention from lawful operation of the vehicle;

  (3)  Make any communication on an electronic communication device, including a phone call, voice message, or one-way voice communication; provided however, that this prohibition shall not apply to use of a voice-operated or hands-free feature or function;

  (4)  Engage in any form of electronic data retrieval or electronic data communication on an electronic communication device;

  (5)  Manually enter letters, numbers, or symbols into any website, search engine, or application on an electronic communication device;

  (6)  Watch a video or movie on an electronic communication device, other than watching data related to the navigation of the vehicle; or

  (7)  Record, post, send, or broadcast video, including a video conference, on an electronic communication device, provided that this prohibition shall not apply to electronic devices used for the sole purpose of continually monitoring operator behavior by recording or broadcasting video within or outside the vehicle.

  4.  The operator of a school bus shall not use or operate an electronic communication device while the school bus is in motion unless the device is being used in a similar manner as a two-way radio to allow live communication between the operator and school officials or public safety officials.  The operator of a school bus shall not use or operate an electronic communication device or a two-way radio while loading or unloading passengers.

  5.  This section shall not apply to:

  (1)  Law enforcement officers or operators of emergency vehicles, as such term is defined in section 304.022, who are both using the electronic communication device and operating the emergency vehicle in the performance of their official duties;

  (2)  Operators using an electronic communication device for the sole purpose of reporting an emergency situation and continuing communication with emergency personnel during the emergency situation;

  (3)  Operators of noncommercial motor vehicles using an electronic communication device solely through a voice-operated or hands-free feature or function;

  (4)  Operators of commercial motor vehicles using a voice-operated or hands-free feature or function, as long as the operator remains seated and is restrained by a seat belt as required by law;

  (5)  Operators of commercial motor vehicles reading a message displayed on a permanently installed communication device designed for a commercial motor vehicle with a screen that does not exceed ten inches tall by ten inches wide in size;

  (6)  Operators using electronic communication devices while the vehicle is lawfully stopped or parked;

  (7)  Commercial motor vehicles that are responding to a request for roadside assistance, when such response is conducted by a motor club as defined in section 385.450 or a towing company as defined in section 304.001;

  (8)  The use of an electronic communication device to relay information between a transit or for-hire vehicle operator and that operator's dispatcher, provided the device is mounted or affixed to the vehicle;

  (9)  The use of an electronic communication device to access or view a map for navigational purposes;

  (10)  The use of an electronic communication device to access or listen to an audio broadcast or digital audio recording; or

  (11)  The use of an electronic communication device to relay information through a transportation network company's digital network to a transportation network company driver, provided the device is mounted or affixed to the vehicle.

  6.  (1)  Except as otherwise provided in this subsection, violation of this section shall be an infraction.  Penalties for violations of this section shall be as provided in this subsection.  Prior convictions shall be pleaded and proven in the same manner as required under section 558.021.

  (2)  For a conviction under this section where there is no prior conviction under this section within the preceding twenty-four months, the court shall impose a fine of up to one hundred fifty dollars.

  (3)  For a conviction under this section where there is one prior conviction under this section within the preceding twenty-four months, the court shall impose a fine of up to two hundred fifty dollars.

  (4)  For a conviction under this section where there are two or more prior convictions under this section in the preceding twenty-four months, the court shall impose a fine of up to five hundred dollars.

  (5)  For a conviction under this section where the violation occurred in a work zone when workers are present, as such terms are defined in section 304.580, or for a conviction under this section where the violation occurred in an area designated as a school zone and marked in any way that would alert a reasonably prudent operator to the presence of the school zone, the court shall impose a fine of up to five hundred dollars.

  (6)  A violation of this section that is the proximate cause of damage to property in excess of five thousand dollars shall be a class D misdemeanor.

  (7)  A violation of this section that is the proximate cause of serious physical injury to another person shall be a class B misdemeanor.

  (8)  A violation of this section that is the proximate cause of the death of another person shall be a class D felony.

  (9)  A violation of this section while operating a commercial motor vehicle shall be deemed a serious traffic violation, as such term is defined in section 302.700, for purposes of commercial driver's license disqualification under section 302.755.

  7.  A law enforcement officer who stops a noncommercial motor vehicle for a violation of this section shall inform the operator of the operator's right to decline a search of their electronic communication device.  No warrant shall be issued to confiscate or access an electronic communication device based on a violation of this section unless the violation results in serious bodily injury or death.

  8.  A violation of this section shall not be used to establish probable cause for any other violation.

  9.  The provisions of this section shall be subject to the reporting requirements set forth in section 590.650.

  10.  The state preempts the field of regulating the use of electronic communication devices by the operators of commercial and noncommercial motor vehicles.  The provisions of this section shall supercede any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision to regulate the use of electronic communication devices by the operator of a commercial or noncommercial motor vehicle.

  11.  Prior to January 1, 2025, a law enforcement officer who stops a noncommercial motor vehicle for a violation of this section shall not issue a citation for a violation of this section and shall only issue a warning.

  12.  No person shall be stopped, inspected, or detained solely for a violation of this section.

  304.890.  Definitions. — As used in sections 304.890 to 304.894, the following terms shall mean:

  (1)  "Active emergency", any incident occurring on a highway, as the term highway is defined in section 302.010, that requires emergency services from any emergency responder;

  (2)  "Active emergency zone", any area upon or around any highway, which is visibly marked by emergency responders performing work for the purpose of emergency response, and where an active emergency, or incident removal, is temporarily occurring.  This area includes the lanes of highway leading up to an active emergency or incident removal, beginning within three hundred feet of visual sighting of:

  (a)  Appropriate signs or traffic control devices posted or placed by emergency responders; or

  (b)  An emergency vehicle displaying active emergency lights or signals;

  (3)  "Emergency responder", any law enforcement officer, paid or volunteer firefighter, first responder, emergency medical worker, tow truck operator, or other emergency personnel responding to an emergency on a highway.

  304.892.  Violations, penalties. — 1.  Upon the first conviction, finding of guilt, or plea of guilty by any person for a moving violation, as the term moving violation is defined in section 302.010, or any offense listed in section 302.302, other than a violation described in subsection 2 of this section, when the violation or offense occurs within an active emergency zone, the court shall assess a fine of thirty-five dollars in addition to any other fine authorized by law.  Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of seventy-five dollars in addition to any other fine authorized by law.

  2.  Upon the first conviction, finding of guilt, or plea of guilty by any person for a speeding violation under either section 304.009 or 304.010, or a passing violation under subsection 3 of this section, when the violation or offense occurs within an active emergency zone and emergency responders were present in such zone at the time of the offense or violation, the court shall assess a fine of two hundred fifty dollars in addition to any other fine authorized by law.  Upon a second or subsequent conviction, finding of guilt, or plea of guilty, the court shall assess a fine of three hundred dollars in addition to any other fine authorized by law.  However, no person assessed an additional fine under this subsection shall also be assessed an additional fine under subsection 1 of this section.

  3.  The driver of a motor vehicle shall not overtake or pass another motor vehicle within an active emergency zone.  Violation of this subsection is a class C misdemeanor.

  4.  The additional fines imposed by this section shall not be construed to enhance the assessment of court costs or the assessment of points under section 302.302.

  304.894.  Offense of endangerment of an emergency responder, elements — penalties — revocation of driver's license, when. — 1.  A person commits the offense of endangerment of an emergency responder for any of the following offenses when the offense occurs within an active emergency zone:

  (1)  Exceeding the posted speed limit by fifteen miles per hour or more;

  (2)  Passing in violation of subsection 3 of section 304.892;

  (3)  Failure to stop for an active emergency zone flagman or emergency responder, or failure to obey traffic control devices erected, or personnel posted, in the active emergency zone for purposes of controlling the flow of motor vehicles through the zone;

  (4)  Driving through or around an active emergency zone via any lane not clearly designated for motorists to control the flow of traffic through or around the active emergency zone;

  (5)  Physically assaulting, attempting to assault, or threatening to assault an emergency responder with a motor vehicle or other instrument; or

  (6)  Intentionally striking, moving, or altering barrels, barriers, signs, or other devices erected to control the flow of traffic to protect emergency responders and motorists unless the action was necessary to avoid an obstacle, an emergency, or to protect the health and safety of an occupant of the motor vehicle or of another person.

  2.  Upon a finding of guilt or a plea of guilty for committing the offense of endangerment of an emergency responder under subsection 1 of this section, if no injury or death to an emergency responder resulted from the offense, the court shall assess a fine of not more than one thousand dollars, and four points shall be assessed to the operator's license pursuant to section 302.302 upon conviction.

  3.  A person commits the offense of aggravated endangerment of an emergency responder upon a finding of guilt or a plea of guilty for any offense under subsection 1 of this section when such offense results in the injury or death of an emergency responder.  Upon a finding of guilt or a plea of guilty for committing the offense of aggravated endangerment of an emergency responder, in addition to any other penalty authorized by law, the court shall assess a fine of not more than five thousand dollars if the offense resulted in injury to an emergency responder, and ten thousand dollars if the offense resulted in the death of an emergency responder.  In addition, twelve points shall be assessed to the operator's license pursuant to section 302.302 upon conviction.

  4.  Except for the offense established under subdivision (6) of subsection 1 of this section, no person shall be deemed to have committed the offense of endangerment of an emergency responder except when the act or omission constituting the offense occurred when one or more emergency responders were responding to an active emergency.

  5.  No person shall be cited for, or found guilty of, endangerment of an emergency responder or aggravated endangerment of an emergency responder, for any act or omission otherwise constituting an offense under subsection 1 of this section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle, or from the negligence of another person or emergency responder.

  6.  (1)  Notwithstanding any provision of this section or any other law to the contrary, the director of the department of revenue or his or her agent shall order the revocation of a driver's license upon its determination that an individual holding such license was involved in a physical accident where his or her negligent acts or omissions substantially contributed to his or her vehicle striking an emergency responder within an active emergency zone where the appropriate visual markings for active emergency zones were properly implemented.  The department shall make its determination of these facts on the basis of the report of a law enforcement officer investigating the incident and this determination shall be final unless a hearing is requested and held as provided under subdivision (2) of this subsection.  Upon its determination that the facts support a license revocation, the department shall issue a notice of revocation which shall be mailed to the person at the last known address shown on the department's records.  The notice is deemed received three days after mailing unless returned by postal authorities.  The notice of revocation shall clearly specify the reason and statutory grounds for the revocation, the effective date of the revocation which shall be at least fifteen days from the date the department issued its order, the right of the person to request a hearing, and the date by which the request for a hearing must be made.

  (2)  An individual who received notice of revocation from the department under this section may seek reinstatement by either:

  (a)  Taking and passing the written and driving portions of the driver's license examination, in which case the individual's driver's license shall be immediately reinstated; or

  (b)  Petitioning for a hearing before a circuit division or associate division of the court in the county in which the emergency zone accident occurred.  The individual may request such court to issue an order staying the revocation until such time as the petition for review can be heard.  If the court, in its discretion, grants such stay, it shall enter the order upon a form prescribed by the director of revenue and shall send a copy of such order to the director.  Such order shall serve as proof of the privilege to operate a motor vehicle in this state, and the director shall maintain possession of the person's license to operate a motor vehicle until the termination of any suspension under this subsection.  The clerk of the court shall notify the prosecuting attorney of the county, and the prosecutor shall appear at the hearing on behalf of the director of revenue.  At the hearing, the court shall determine only:

  a.  Whether the person was involved in a physical accident where his or her vehicle struck an emergency responder within an active emergency zone;

  b.  Whether the guidelines involving notice and signage were properly implemented in such emergency zone; and

  c.  Whether the investigating officer had probable cause to believe the person's negligent acts or omissions substantially contributed to his or her vehicle striking an emergency responder.

­­

­

  (3)  The department of revenue administrative adjudication to reinstate a driver's license that was revoked under this subsection, and any evidence provided to the department related to such adjudication, shall not be produced by subpoena or any other means and made available as evidence in any other administrative action, civil case, or criminal prosecution.  The court's determinations issued under this section, and the evidence provided to the court relating to such determinations, shall not be produced by subpoena or any other means and made available in any other administrative action, civil case, or criminal prosecution.  Nothing in this subdivision shall be construed to prevent the department from providing information to the system authorized under 49 U.S.C. Section 31309, or any successor federal law, pertaining to the licensing, identification, and disqualification of operators of commercial motor vehicles.

  304.900.  Personal delivery devices, authority to operate — definitions — requirements — insurance — lighting equipment required, when — personally identifiable likeness, sale of prohibited. — 1.  As used in this section, the following terms mean:

  (1)  "Agent", a person given the responsibility, by an entity, of navigating and operating a personal delivery device;

  (2)  "Personal delivery device", a powered device operated primarily on sidewalks and crosswalks, intended primarily for the transport of property on public rights-of-way, and capable of navigating with or without the active control or monitoring of a natural person.  Notwithstanding any other provision of law, a personal delivery device shall not be defined as a motor vehicle or a vehicle;

  (3)  "Personal delivery device operator", an entity or its agent that exercises physical control or monitoring over the navigation system and operation of a personal delivery device.  A personal delivery device operator does not include an entity or person that requests or receives the services of a personal delivery device for the purpose of transporting property or an entity or person who merely arranges for and dispatches the requested services of a personal delivery device.

  2.  Notwithstanding any other provision of law, a personal delivery device is authorized to operate in this state:

  (1)  On any sidewalk or crosswalk of any county or municipality in the state; and

  (2)  On any roadway of any county or municipality in the state, provided that the personal delivery device shall not unreasonably interfere with motor vehicles or traffic.

  3.  A personal delivery device shall:

  (1)  Not block public rights-of-way;

  (2)  Obey all traffic and pedestrian control signals and devices;

  (3)  Operate at a speed that does not exceed a maximum speed of ten miles per hour on a sidewalk or crosswalk;

  (4)  Contain a unique identifying number that is displayed on the device;

  (5)  Include a means of identifying the personal delivery device operator; and

  (6)  Be equipped with a system that enables the personal delivery device to come to a controlled stop.

  4.  Subject to the requirements of this section, a personal delivery device operating on a sidewalk or crosswalk shall have all the responsibilities applicable to a pedestrian under the same circumstances.

  5.  A personal delivery device shall be exempt from motor vehicle registration requirements.

  6.  A personal delivery device operator shall maintain an insurance policy that provides general liability coverage of at least one hundred thousand dollars for damages arising from the combined operations of personal delivery devices under a personal delivery device operator's control.

  7.  If the personal delivery device is being operated between sunset and sunrise, it shall be equipped with lighting on both the front and rear of the personal delivery device visible in clear weather from a distance of at least five hundred feet to the front and rear of the personal delivery device.

  8.  A personal delivery device shall not be used for the transportation of hazardous material regulated under the Hazardous Materials Transportation Act, 49 U.S.C. Section 5103, and required to be placarded under 49 CFR Part 172, Subpart F.

  9.  Nothing in this section shall prohibit a political subdivision from regulating the operation of personal delivery devices on a highway or pedestrian area to ensure^* the welfare and safety of its residents.  However, political subdivisions shall not regulate the design, manufacture and maintenance of a personal delivery device nor the types of property that may be transported by a personal delivery device.  Additionally, no political subdivision shall treat personal delivery devices differently for the purposes of assessment and taxation or other charges from personal property that is similar in nature.

  10.  A personal delivery device operator may not sell or disclose a personally identifiable likeness to a third party in exchange for monetary compensation.  For purposes of this section, a "personally identifiable likeness" includes photographic images, videos, digital image files, or other digital data that can be used to either directly or indirectly identify an individual.  Personally identifiable likeness does not include aggregated or anonymized data.  The use of any personally identifiable likeness by a personal delivery device operator to improve their products and services is allowed under this section.  Information that would otherwise be protected under this section as confidential shall only be provided to a law enforcement entity with a properly executed, lawful subpoena.