FIRST REGULAR SESSION

HOUSE BILL NO. 1253 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE NOLTE.

2810H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To repeal section 304.016, RSMo, and to enact in lieu thereof one new section relating to passing zones, with a penalty provision.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Section 304.016, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 304.016, to read as follows: 304.016. 1. The following rules shall govern the overtaking and passing of vehicles 2 proceeding in the same direction, subject to the limitations and exceptions hereinafter stated: 3 (1) The driver of a vehicle overtaking another vehicle proceeding in the same 4 direction shall pass to the left thereof at a safe distance and shall not again drive to the right 5 side of the roadway until safely clear of the overtaken vehicle; and 6 (2) Except when overtaking and passing on the right is permitted, the driver of an 7 overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not 8 increase the speed of such driver's vehicle until completely passed by the overtaking vehicle. 9 2. The driver of a motor vehicle may overtake and pass to the right of another vehicle 10 only under the following conditions: 11 (1) When the vehicle overtaken is making or about to make a left turn; 12 (2) Upon a city street with unobstructed pavement of sufficient width for two or more 13 lines of vehicles in each direction; 14 (3) Upon a one-way street; 15 (4) Upon any highway outside of a city with unobstructed pavement of sufficient 16 width and clearly marked for four or more lines of traffic. The driver of a motor vehicle may 17 overtake and pass another vehicle upon the right only under the foregoing conditions when

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1253 2

18 such movement may be made in safety. In no event shall such movement be made by driving 19 off the paved or main traveled portion of the roadway. The provisions of this subsection shall 20 not relieve the driver of a slow-moving vehicle from the duty to drive as closely as practicable 21 to the right-hand edge of the roadway. 22 3. Except when a roadway has been divided into three traffic lanes, no vehicle shall 23 be driven to the left side of the center line of a highway or public road in overtaking and 24 passing another vehicle proceeding in the same direction unless such left side is clearly 25 visible and is free of oncoming traffic for a sufficient distance ahead to permit such 26 overtaking and passing to be completely made without interfering with the safe operation of 27 any vehicle approaching from the opposite direction or any vehicle overtaken. 28 4. No vehicle shall at any time be driven to the left side of the roadway under the 29 following conditions: 30 (1) When approaching the crest of a grade or upon a curve of the highway where the 31 driver's view is obstructed within such distance as to create a hazard in the event another 32 vehicle might approach from the opposite direction; 33 (2) When the view is obstructed upon approaching within one hundred feet of any 34 bridge, viaduct, tunnel or when approaching within one hundred feet of or at any intersection 35 or railroad grade crossing; 36 (3) When within a distance of one thousand feet of a driveway entrance to any 37 public school located on a federal or state highway; except that such restriction shall not 38 apply within the corporate limits of any city, town, or village. 39 5. Violation of this section shall be deemed a class C misdemeanor. ✔

Statutes affected:
Introduced (2810H.01): 304.016