STATUTE:
Title XIX. Motor Vehicles, Watercraft and Aviation. Chapter 302. Drivers'
and Commercial Drivers' Licenses. Section 302.020. Operation of Motor Vehicle
Without Proper License Prohibited -- Motorcycles -- Special License --
Protective Headgear -- Penalty. :
". . . 2. Every person operating or riding as a passenger on any
motorcycle or motor-tricycle, as defined in section 301.010, RSMo, upon any
highway of this state shall wear protective headgear at all times the
vehicle is in motion. . . ."
FINE:
Title XIX. Motor Vehicles, Watercraft and Aviation. Chapter 302. Drivers'
and Commercial Drivers' Licenses. Section 302.020. Operation of Motor Vehicle
Without Proper License Prohibited -- Motorcycles -- Special License --
Protective Headgear -- Penalty. :
". . . 3. Notwithstanding the provisions of section 302.340, the
penalty for failure to wear protective headgear as required by
subsection 2 of this section shall be 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
under section 302.302 for a failure to wear such protective headgear."
STANDARDS:
Title XIX. Motor Vehicles, Watercraft and Aviation. Chapter 302. Drivers'
and Commercial Drivers' Licenses. Section 302.020. Operation of Motor Vehicle
Without Proper License Prohibited -- Motorcycles -- Special License --
Protective Headgear -- Penalty. :
". . . The protective headgear shall meet reasonable standards
and specifications established by the director."
COURT DECISIONS:
"This section, prohibiting operation of motorcycle on state highways
without wearing protective headgear is not violative of 14th Amendment." State
v. Elliott (App. 1970) 459 S.W.2d 526.
"This section, requiring wearing of protective headgear by
motorcyclists, establishes a sufficiently definite public policy and merely
leaving details of implementation to director is valid and is not an
unconstitutional delegation of legislative powers and does not deprive
motorcyclists of due process." State v. Cushman (Sup. 1970) 451
S.W.2d 17.
"This section is not unconstitutional as a special law that makes an
unreasonable classification between drivers of all other vehicles and
motorcyclists." State v. Cushman (Sup. 1970) 451 S.W.2d 17.
"This section requiring motorcyclist to wear protective headgear does
not deny due process of law to motorcyclist." State v. Cushman
(Sup. 1970) 451 S.W.2d 17.
"Provision making it unlawful to operate motorcycle without wearing
protective headgear bears real and substantial relationship to highway safety
generally and is within police power of state and is not
unconstitutional." State v. Darrah (Sup. 1969) 446 S.W.2d 745.
"Points are to be assessed by virtue of s 302.302 against the license
of a person convicted of operating a motorcycle without wearing headgear, in
violation of this section, as approved by the director of revenue." Op.
Atty. Gen. No. 119, David, 1-9-68.
CURRENT ACTIVITY:
HB 770 - 12/11/03 - Missouri State Rep.
Dan Ward (D- St. Francois County) has pre-filed House Bill 770 for the 2004
session, which revises section 302.020 of the Missouri Revised Standards to
allow persons 21 and older Freedom of Choice whether or not to ride with a
helmet. Riders in favor of this legislation need to contact their elected
officials NOW to express their support. Contact them at Missouri House of
Representatives, State Capitol Building, 201 West Capitol Avenue, Jefferson
City, Missouri 65101 or by phone at (573) 751-3659.
HB 137 requires operators of
motorcycles and motor-tricycles who are under 21 to wear protective headgear.
SB 226 exempts motorcyclists age 21 and
older from wearing a helmet when operating a motorcycle or trike.
PAST ACTIVITY:
Jan 30, 2002 - SB-646 - Exempts persons
21 years of age or older from wearing motorcycle helmets. Sponsor - Sen. Danny
Staples (District 20). Last Action 1/30/02 - Voted "Do Pass S
Transportation Committee."
July 13, 1999 - Governor vetos
bill...
May 12, 1999 - passed the House. Goes
to Governor for signature! Congratulations Missouri!
Apr 28, 1999 -
SB 294 passes
House in a vote of 93 to 35 goes back to Senate for amendment approvals.
Feb 21, 1999 - SB 294 is awaiting its
3rd reading and final passage in the Senate. Only 18 votes are needed to pass
the Senate and then go to House.
Feb
2, 1999 - the Senate Trans Committee voted 6 to 1 in favor of sending
SB 294 to the Senate floor for vote. Voting in favor were: Senator Danny
Staples (Chair, 20th District, D); Senator Ronny DePasco (D-11th District);
Senator Ted House (D-2nd District); Sam Graves (R-12th District); Bill Kenney
(R-8th District); and John Russell (R-33rd District). The only dissenting vote
was cast by Senator John Scott (D-3rd District).
Jan
8, 1999 - Senator Danny Staples (D-Eminence) introduced Senate Bill
SB-294, which would require persons under 21 to wear helmets while operating
or riding as a passenger on any motorcycle or motor-tricycle on any highway in
Missouri. This legislation mirrors the wording of Missouri House Bill HB-184
as introduced in December.
If you know of any current activity regarding efforts to remove or
otherwise amend Missouri's helmet law, in the Legislature or the Courts,
please e-mail
that information to us so we can update this site. Thanks.
STATE WEBSITES:
-- DISCLAIMER --
The foregoing is provided as educational information only and
is not legal advice.
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