Mandatory Helmet Law

Missouri



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. :

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. :

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. :

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 motortricycles 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 ammendment 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 motortricycle 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.