☰ Revisor of Missouri

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 302

Effective - 28 Aug 2020, 3 histories bottom

  302.020.  Operation of motor vehicle without proper license prohibited, penalty — motorcycles — special license — protective headgear, failure to wear, fine, amount — no points to be assessed. — 1.  Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by section 302.080, to:

  (1)  Operate any vehicle upon any highway in this state unless the person has a valid license;

  (2)  Operate a motorcycle or motortricycle upon any highway of this state unless such person has a valid license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the director.  The director may indicate such upon a valid license issued to such person, or shall issue a license restricting the applicant to the operation of a motorcycle or motortricycle if the actual demonstration, required by section 302.173, is conducted on such vehicle;

  (3)  Authorize or knowingly permit a motorcycle or motortricycle owned by such person or under such person's control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an instruction permit therefor;

  (4)  Operate a motor vehicle with an instruction permit or license issued to another person.

  2.  Every person under twenty-six years of age who is operating or riding as a passenger on any motorcycle or motortricycle, as defined in section 301.010, upon any highway of this state shall wear protective headgear at all times the vehicle is in motion; except that, any person twenty-six years of age or older operating any motorcycle or motortricycle who has been issued an instruction permit shall wear protective headgear at all times the vehicle is in motion.  The protective headgear shall meet reasonable standards and specifications established by the director.  No political subdivision of this state shall impose a protective headgear requirement on the operator or passenger of a motorcycle or motortricycle.  No person shall be stopped, inspected, or detained solely to determine compliance with this subsection.

  3.  Notwithstanding the provisions of section 302.340 any person convicted of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a misdemeanor.  A first violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable as a class D misdemeanor.  A second violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable as a class A misdemeanor.  Any person convicted a third or subsequent time of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a class E felony.  Notwithstanding the provisions of section 302.340, violation of subdivisions (3) and (4) of subsection 1 of this section is a misdemeanor, the first violation punishable as a class D misdemeanor, a second or subsequent violation of this section punishable as a class C misdemeanor, and the penalty for failure to wear protective headgear as required by subsection 2 of this section is an infraction for which a fine not to exceed twenty-five dollars may be imposed.  Notwithstanding all other provisions of law and court rules to the contrary, no court costs shall be imposed upon any person due to such violation.  No points shall be assessed pursuant to section 302.302 for a failure to wear such protective headgear.  Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021.

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(RSMo 1939 § 8444, A.L. 1951 p. 678, A.L. 1967 p. 409, A.L. 1984 H.B. 1045, A.L. 1988 H.B. 990, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1995 H.B. 717, A.L. 1996 H.B. 1047, A.L. 1999 S.B. 19, A.L. 2011 H.B. 111, A.L. 2014 S.B. 491, A.L. 2020 H.B. 1963)

(1969) This section is within the police power of the state and is not unconstitutional. State v. Darrah (Mo.), 446 S.W.2d 745.

(1970) This section merely leaves details of implementation to director of revenue and is not an unconstitutional delegation of legislative powers and does not deprive motorcyclists of due process. State v. Cushmen (Mo.), 451 S.W.2d 17.

(1970) This section does not violate the fourteenth amendment to the U.S. Constitution. State v. Elliott (A.), 459 S.W.2d 526.


---- end of effective   28 Aug 2020 ----

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302.020 8/28/2020
302.020 1/1/2017 8/28/2020
302.020 8/28/2011 1/1/2017

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