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.
Operation of motor vehicle without proper license prohibited,penalty--motorcycles--special license--protective headgear,failure to wear, fine, amount--no points to be assessed.
302.020. 1. Unless otherwise provided for by law, it shall beunlawful for any person, except those expressly exempted by section302.080, to:
(1) Operate any vehicle upon any highway in this state unless theperson has a valid license;
(2) Operate a motorcycle or motortricycle upon any highway of thisstate unless such person has a valid license that shows the person hassuccessfully passed an examination for the operation of a motorcycle ormotortricycle as prescribed by the director. The director may indicatesuch upon a valid license issued to such person, or shall issue a licenserestricting the applicant to the operation of a motorcycle or motortricycleif the actual demonstration, required by section 302.173, is conducted onsuch vehicle;
(3) Authorize or knowingly permit a motorcycle or motortricycle ownedby such person or under such person's control to be driven upon any highwayby any person whose license does not indicate that the person has passedthe examination for the operation of a motorcycle or motortricycle or hasbeen issued an instruction permit therefor;
(4) Operate a motor vehicle with an instruction permit or licenseissued to another person.
2. Every person operating or riding as a passenger on any motorcycleor motortricycle, as defined in section 301.010, RSMo, upon any highway ofthis state shall wear protective headgear at all times the vehicle is inmotion. The protective headgear shall meet reasonable standards andspecifications established by the director.
3. Notwithstanding the provisions of section 302.340 any personconvicted of violating subdivision (1) or (2) of subsection 1 of thissection is guilty of a class A misdemeanor. Any person convicted a thirdor subsequent time of violating subdivision (1) or (2) of subsection 1 ofthis section is guilty of a class D felony. Notwithstanding the provisionsof section 302.340, violation of subdivisions (3) and (4) of subsection 1of this section is a class C misdemeanor and the penalty for failure towear protective headgear as required by subsection 2 of this section is aninfraction for which a fine not to exceed twenty-five dollars may beimposed. Notwithstanding all other provisions of law and court rules tothe contrary, no court costs shall be imposed upon any person due to suchviolation. No points shall be assessed pursuant to section 302.302 for afailure to wear such protective headgear.
(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)(1967) Person who did not qualify for driver's license because he was under age was not barred by licensing statute from maintaining action for injuries sustained by him in an accident involving his operation of a motor vehicle. Siess v. Layton (Mo.), 417 S.W.2d 6.
(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.