New laws affect vehicle operation

Special to the Daily Mail

Recently enacted legislation affecting vehicle operation, has now been signed into law. Some of the laws contained an emergency clause and went into effect upon the signing; others will go into effect Aug. 28.

In an effort to make the public aware of the new laws, the Missouri State Highway Patrol has issued a summary the new legislation.

Child passenger restraint and booster seat law

This new law modifies the old law with respect to the use of child passenger safety restraint systems and booster seats. The new law requires children of certain ages, weights, and heights to be restrained by either a child restraint system, booster seat, or safety belt.

This law is to take effect on Aug, 28. The patrol said that while the previous law requiring children under the age of four to be in an approved child restraint seat did not change, children ages 4 to 7 will be affected by the new law.

The new law requires children weighing less than 40 pounds, regardless of age, to be secured in a child passenger restraint system appropriate for the child.

Children ages 4 to 7 and weighing at least 40 pounds, but less than 80 pounds, and are less than 4 feet, 9 inches tall must be secured in a child passenger restraint system or booster seat appropriate for that child.

Children who are at least 80 pounds or taller than 4 feet, 9 inches shall be secured by a vehicle safety belt or booster seat appropriate for that child.

The law allows for a child to be transported in the back seat without a booster seat if the child is secured with a lap belt if the vehicle is not equipped with a combination lap and shoulder belt for booster seat installation.

The law also provides that when transporting children in the immediate family, when there are more children than there are seating positions, the children who are not able to be restrained by a child safety restraint device appropriate for that child shall sit in the area behind the front seat of the motor vehicle unless the vehicle is designed only for a front seat area. The driver transporting children under this scenario shall not be in violation of the child restraint law.

Violation means a fine of $50 plus court costs. Charges for violating the child passenger restraint and booster seat law shall be dismissed or withdrawn if the driver provides evidence that he or she acquired a child passenger restraint system or booster seat prior to or at his or her hearing. Exceptions apply to certain carriers for hire, such as buses.

Move over law

This law increases the penalty on motorists who fail to move over when approached by an oncoming emergency vehicle and motorists who fail to move over when approaching a stationary emergency vehicle from a Class B misdemeanor to a Class A misdemeanor.

Involuntary manslaughter and assault in the second degree

Under this law, a person commits the crime of involuntary manslaughter in the 1st degree if he or she fails to move over into another lane of traffic or slow down when he or she approaches a stationary emergency vehicle and with criminal negligence causes the death of an emergency worker. A violation in this nature is a Class B felony.

Under this act, a person commits the crime of assault in the second degree if he or she fails to move over into another lane of traffic or slow down when he or she approaches a stationary emergency vehicle and with criminal negligence causes injury to an emergency worker performing his or her official duties.

Highway work zone safety

This law increases various penalties for offenses occurring within highway work zones or construction zones. Any person convicted of a second or subsequent moving violation within a work zone shall be assessed a fine of $75. The law provides that a person who is convicted of speeding or passing a vehicle within a work zone when a highway worker is present a second or subsequent time shall be assessed a fine of $300 in addition to any other fine authorized by law.

The law also creates the crime of "endangerment of a highway worker." The law provides that if a person commits the offense of endangerment of a highway worker in which no injury or death results the person shall be subject to a fine of not more than $1,000 and shall have four points assessed to their driver's license.

The person shall be guilty of aggravated endangerment of a highway worker if a death or injury results.

If a highway worker is injured or killed in a work zone, the offender shall be subject to a fine of not more than $5,000 for an injury and not more than $10,000 if death resulted, and have 12 points assessed to his or her license.

Under the law, a person commits the offense of endangerment of a highway worker if the motorist:

* Exceeds the posted speed limit by 15 mph or more

* Passes another vehicle in a work zone and such offense results in the death or injury of a highway worker

* Fails to stop for a work zone flagman or fails to obey traffic control signals erected in the work zone

* Physically assaults or attempts to assault a highway worker with a motor vehicle or other instrument

* Intentionally strikes or moves barrels, barriers, signs, or other devices erected to control the flow of traffic for a reason other than avoidance of an obstacle, an emergency or to protect the health and safety of another person

* Commits various offenses in which points may be assessed under Section 302.302

School bus law

This law enhances the penalties for those who fail to stop for school buses that are loading or unloading children. Any person who fails to properly yield for a school bus, when the failure to yield results in the injury of any child, shall be guilty of a Class D felony. Any person who fails to properly yield for a school bus where such violation causes the death of any child shall be guilty of a Class C felony.

Clutch's Law -- Failure to yield

This law imposes an additional penalty and driver's license suspension on any person failing to yield the right-of-way when the violation results in physical injury, serious physical injury, or death to a person . This act is commonly known as "Clutch's Law" and goes into effect Jan. 1, 2007.

Graduated driver's license

Other laws affect the state's graduated driver's license rules.

Hours of behind-the-wheel driving instruction that one must complete in order to obtain a temporary instruction permit are to increase from 20 hours of instruction to 40 hours of instruction, including a minimum of 10 hours of nighttime instruction. This requirement is effective Jan. 1.

The law also places passenger restrictions on individuals who possess an intermediate driver's license. For the first six months after issuance of the intermediate driver's license, the holder of the license shall not operate a motor vehicle with more than one passenger who is under the age of 19, who is not a member of the holder's immediate family. After that, the holder of an intermediate driver's license shall not operate a motor vehicle with more than three passengers who are under 19 years of age and who are not the drivers' immediate family members.

The passenger restrictions do not apply to an intermediate driver's license holder who is operating a vehicle being used in agricultural work-related activities.

The law provides that any person who violates the provisions of the intermediate driver's license law or the temporary permit law shall be guilty of an infraction and no points shall be assessed to their driving record for any such violation

The law also provides that an intermediate driver's license holder may apply for a full driver's license (unrestricted) within 30 days of the applicant's birthday provided certain conditions are met.