SCS/SBs 381, 384, 432 & 9 - This act enacts various measures relating to transportation safety.

USE OF HEADLIGHTS - This act requires motorists to use their headlights whenever rain, snow, fog or other atmospheric conditions require the use of windshield wipers. This portion of the act is similar to SB 381 (2003).

TRUCKS IN LEFT-HAND LANE - This act prohibits trucks (in excess of 48,000 pounds) from being driven in the far left-hand lane on interstate highways, freeways or expressway in the urban areas of this state. This prohibition shall not apply in certain circumstances. This act is similar to SB 384.

USE OF CHILD PASSENGER RESTRAINT SYSTEM/BOOSTER SEAT - This act requires children less than 4 years old, regardless of weight, or children weighing less than 40 pounds, regardless of age, to use an appropriate child passenger restraint system. The act requires children 4 years of age through 5 years of age or who weigh 40 pounds to 60 pounds to be secured in a child passenger restraint system or a child booster seat. Children 6 years of age or older, or children who are at least 60 pounds, must use a safety belt, child restraint system or booster seat.

WAIVER OF PENALTY - A person may escape the $25 penalty by demonstrating that the person obtained a child safety seat prior to or at his or her hearing which is satisfactory to the court or the party responsible for prosecuting the violator's citation.

NO POINTS - No points will be assessed against a person's driver's license for violating this act.

RENTAL AGENCIES - This act requires car rental agencies doing business in Missouri to inform customers of the requirements of Section 210.104 and to provide an appropriate child passenger safety restraint system for rental.

SEAT BELT REQUIREMENTS - If there are more persons than there are seat belts in the car, then the passengers must sit in the area behind the front seat unless the vehicle is designed only for a front-seated area. This exception does not apply to passengers riding with an intermediate licensee.

This portion of the act has an effective date of January 1, 2004. This portion of the act is substantially similar to SB 9 (2003), SB 647 (2002) and SB 549 (2001).

BOATING SAFETY IDENTIFICATION CARD - Beginning January 1, 2005, any person born after August 28, 1984, to possess a boating safety identification card in order to operate a vessel on the Mississippi River, Missouri River, or the lakes of this state. The State Water Patrol will issue the card. The card will be issued to persons who: (1) have successfully completed a boating safety course approved by the National Association of State Boating Law Administrators and certified by the State Water Patrol; (2) have passed an equivalency examination prepared and administered by the State Water Patrol; or (3) hold a valid master's, mate's, or operator's license issued by the United States Coast Guard. The State Water Patrol may charge a fee for the card that does not substantially exceed the administrative cost of this provision. No individual will be stopped or detained for the purpose of checking to see if the individual holds a boating safety identification card. The act also requires that any person convicted of certain boating offenses must enroll and complete a boating safety education course which meets the State Water Patrol's minimum standards, file proof of successful completion of the course with the court, and not operate a vessel until filing proof. This portion of the act is substantially similar to SB 1 (2003), SB 1083 and HB 1307 (2002).

BICYCLE PROVISIONS - This act amends the Model Traffic Ordinance to provide that a motor vehicle shall not be driven or parked within a bicycle lane. A motor vehicle may be driven in a bicycle lane only for the purpose of a lawful maneuver to cross the lane or provide for safe travel (Section 300.330).

This act establishes a 20 mph speed limit within school zones. The governing body may establish a lower speed limit if needed for public safety (Section 304.675).

This act amends the Model Traffic Ordinance to require motorists to exercise the highest degree of care to avoid colliding with bicyclists and motorcyclists (Section 300.410). This act also enacts a similar provision into Chapter 304, RMSo (Section 304.677).

This act holds motorists who intentionally, recklessly or negligently collide with pedestrians or cyclists liable for a minimum of $500 in compensatory damages.

If the motorist does the same act but has six or more points on his or her driver's license, or has a prior conviction for an intoxication-related offense or has previously caused personal injury to a pedestrian, cyclist, or motorcyclist, the person shall be liable for a minimum of $1,000 in compensatory damages and shall have his or her driver's license revoked for a period of one year (Section 537.038).

This act also imposes 12 points on the person's driver's license for intentionally, recklessly or negligently colliding with a cyclist, pedestrian, or motorcyclist if the person:

(1) Has 6 more points on his or her license;

(2) Has a prior intoxication-related offense; or

(3) Has previously caused injury to a pedestrian, cyclist, or motorcyclist (Section 302.302). This portion of the act is similar to SB 400 (2003).

GARBAGE TRUCK LIGHTS - This act requires garbage trucks to use alternating flashing lights when stopped on the side of the road.

COUNTY ROAD SPEED LIMITS - This act caps the speed limits established by County Commissions in 2nd, 3rd, and 4th Class Counties to 45 miles per hour. The requirement for posting speed limit signs shall only apply to roads which have a speed limit of less than 45 miles per hour. This portion of the act is similar to SCS/SB 227 (2003).

COMMERCIAL MOTOR CARRIER (COMPLIANCE WITH FEDERAL REGULATIONS) - This act adds the federal definition of "gross combination weight rating" and "gross vehicle weight rating" to Section 302.700. This act also modifies two provisions of Missouri law pertaining to hazardous materials carriers to make them consistent with Federal Motor Carrier Safety Administration regulations. This portion of the act is similar to SB 432(2003).

LOW-SPEED VEHICLES - This act allows operators of low-speed vehicles to use public highways under certain conditions. A low- speed vehicle is a four-wheeled vehicle whose top speed is greater than 20 mph but less than 25 mph and is manufactured in compliance with the National Highway Traffic Safety Administration standards. A low-speed vehicle shall not be operated on a street or highway with a posted speed limit greater than 35 mph. A low-speed vehicle shall be exempt from inspection and emission testing, but must comply with the federal standards. Every operator of a low-speed vehicle shall maintain financial responsibility as required under Chapter 303, RSMo. Every operator of a low-speed vehicle must have a driver's license. City and counties may promulgate ordinances which are more stringent than this act. These provisions are contained in SB 594 (2003).

ALCOHOL- RELATED REPORTS - This act requires alcohol related reports submitted to the Department of Revenue by law enforcement officers to be certified rather than verified. The act requires law enforcement officers to certify the alcohol arrest reports under penalties of perjury prior to filing the reports with the department. The reports shall be admissible as prima facie evidence at administrative hearings. The act repeals the requirement for license surrender in order to obtain a hearing on administrative alcohol arrests. These provisions are contained in SB 490 (2003).
STEPHEN WITTE