Bill Text: MO HB2052 | 2012 | Regular Session | Introduced
Bill Title: Allows a person 21 years of age or older to operate a motorcycle on any state highway without protective headgear if he or she has obtained a helmet-free endorsement from the Department of Revenue
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-18 - Referred: Transportation (H) [HB2052 Detail]
Download: Missouri-2012-HB2052-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE JOHNSON.
6276L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 302.020, RSMo, and to enact in lieu thereof one new section relating to protective headgear for operation of motorcycles and motortricycles, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 302.020, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 302.020, to read as follows:
302.020. 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. Except as provided in subsection 3 of this section, every person 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. The protective headgear shall meet reasonable standards and specifications established by the director.
3. Notwithstanding subsection 2 of this section, any person twenty-one years of age or older may operate a motorcycle or motortricycle upon any highway of this state without wearing protective headgear when such person has obtained a helmet-free endorsement from the department of revenue. The department of revenue shall issue a helmet-free endorsement on the driver's license of any applicant who provides satisfactory proof of at least twenty thousand dollars in personal injury protection (PIP) insurance that is in effect for a minimum of two years. At the time the helmet endorsement is issued, the department shall also issue to the applicant a small circular sticker indicating the expiration year of the PIP policy, to be placed on the licensee's motorcycle license plate. The design and size of the sticker shall be determined by the department of revenue, with the color of the sticker to change each year. The cost of the new driver's license issued with the helmet-free endorsement and the license plate sticker shall be paid by the motorcycle licensee.
4. 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 by a fine not to exceed three hundred dollars. A second violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable by imprisonment in the county jail for a term not to exceed one year and/or a fine not to exceed one thousand dollars. 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 D 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 by a fine not to exceed three hundred dollars, 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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