304.032. Utility vehicles, operation on highway and in streams or rivers prohibited--exceptions--passengers prohibited--violations, penalty.
Utility vehicles, operation on highway and in streams or riversprohibited--exceptions--passengers prohibited--violations,penalty.
304.032. 1. No person shall operate a utility vehicle, as defined insection 301.010, RSMo, upon the highways of this state, except as follows:
(1) Utility vehicles owned and operated by a governmental entity forofficial use;
(2) Utility vehicles operated for agricultural purposes or industrialon-premises purposes between the official sunrise and sunset on the day ofoperation, unless equipped with proper lighting;
(3) Utility vehicles operated by handicapped persons for shortdistances occasionally only on the state's secondary roads when operatedbetween the hours of sunrise and sunset;
(4) Governing bodies of cities may issue special permits for utilityvehicles to be used on highways within the city limits by licensed drivers.Fees of fifteen dollars may be collected and retained by cities for suchpermits;
(5) Governing bodies of counties may issue special permits forutility vehicles to be used on county roads within the county by licenseddrivers. Fees of fifteen dollars may be collected and retained by thecounties for such permits.
2. No person shall operate a utility vehicle within any stream orriver in this state, except that utility vehicles may be operated withinwaterways which flow within the boundaries of land which a utility vehicleoperator owns, or for agricultural purposes within the boundaries of landwhich a utility vehicle operator owns or has permission to be upon, or forthe purpose of fording such stream or river of this state at such roadcrossings as are customary or part of the highway system. All lawenforcement officials or peace officers of this state and its politicalsubdivisions or department of conservation agents or department of naturalresources park rangers shall enforce the provisions of this subsectionwithin the geographic area of their jurisdiction.
3. A person operating a utility vehicle on a highway pursuant to anexception covered in this section shall have a valid operator's orchauffeur's license, except that a handicapped person operating suchvehicle under subdivision (3) of subsection 1 of this section, but shallnot be required to have passed an examination for the operation of amotorcycle, and the vehicle shall be operated at speeds of less thanforty-five miles per hour.
4. No persons shall operate a utility vehicle:
(1) In any careless way so as to endanger the person or property ofanother; or
(2) While under the influence of alcohol or any controlled substance.
5. No operator of a utility vehicle shall carry a passenger, exceptfor agricultural purposes. The provisions of this subsection shall notapply to any utility vehicle in which the seat of such vehicle is designedto carry more than one person.
6. A violation of this section shall be a class C misdemeanor. Inaddition to other legal remedies, the attorney general or countyprosecuting attorney may institute a civil action in a court of competentjurisdiction for injunctive relief to prevent such violation or futureviolations and for the assessment of a civil penalty not to exceed onethousand dollars per day of violation.
(L. 2008 S.B. 930 & 947)