HOUSE BILL NO. 1559 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BLACK.
3206H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 304.032, RSMo, and to enact in lieu thereof one new section relating to utility vehicles, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 304.032, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 304.032, to read as follows: 304.032. 1. No person shall operate a utility vehicle, as defined in section 301.010, 2 upon the numbered highways of this state, except as follows: 3 (1) Utility vehicles owned and operated by a governmental entity for official use; 4 (2) Utility vehicles operated for agricultural purposes or industrial on-premises 5 purposes between the official sunrise and sunset on the day of operation, unless equipped with 6 proper lighting; and 7 (3) Utility vehicles operated by handicapped persons for short distances occasionally 8 only on the state's secondary roads when operated between the hours of sunrise and sunset[; 9 (4) Governing bodies of cities may issue special permits for utility vehicles to be used 10 on highways within the city limits by licensed drivers. Fees of fifteen dollars may be 11 collected and retained by cities for such permits; 12 (5) Governing bodies of counties may issue special permits for utility vehicles to be 13 used on county roads within the county by licensed drivers. Fees of fifteen dollars may be 14 collected and retained by the counties for such permits; 15 (6) Municipalities may by resolution or ordinance allow utility vehicle operation on 16 streets or highways under the governing body's jurisdiction. Any person operating a utility 17 vehicle pursuant to a municipal resolution or ordinance shall maintain proof of financial
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 1559 2
18 responsibility in accordance with section 303.160 or maintain any other insurance policy 19 providing equivalent liability coverage for a utility vehicle]. 20 2. No person shall operate a utility vehicle within any stream or river in this state, 21 except that utility vehicles may be operated within waterways which flow within the 22 boundaries of land which a utility vehicle operator owns, or for agricultural purposes within 23 the boundaries of land which a utility vehicle operator owns or has permission to be upon, or 24 for the purpose of fording such stream or river of this state at such road crossings as are 25 customary or part of the highway system. All law enforcement officials or peace officers of 26 this state and its political subdivisions or department of conservation agents or department of 27 natural resources park rangers shall enforce the provisions of this subsection within the 28 geographic area of their jurisdiction. 29 3. A person operating a utility vehicle on a numbered highway pursuant to an 30 exception covered in subsection 1 of this section, except for a handicapped person 31 operating such vehicle under subdivision (3) of subsection 1 of this section, shall have a 32 valid operator's or chauffeur's license, [except that a handicapped person operating such 33 vehicle under subdivision (3) of subsection 1 of this section,] but shall not be required to have 34 passed an examination for the operation of a motorcycle, and the vehicle shall be operated at 35 speeds of less than forty-five miles per hour. 36 4. Any person operating a utility vehicle on a non numbered highway in this 37 state shall: 38 (1) Have a valid operator's or chauffeur's license, but shall not be required to 39 have passed an examination for the operation of a motorcycle; 40 (2) Maintain proof of financial responsibility in accordance with section 303.160 41 or maintain any other insurance policy providing equivalent liability coverage for a 42 utility vehicle; 43 (3) Observe all federal, state, and local traffic laws regarding the rules of the 44 road; and 45 (4) Comply with any applicable federal, state, and local laws and regulations. 46 5. Except as provided under subdivision (1) of subsection 1 of this section, no 47 utility vehicle shall be operated on a non numbered highway between the official sunset 48 and sunrise hours on the day of operation, unless equipped with proper lighting. 49 6. No persons shall operate a utility vehicle: 50 (1) In any careless way so as to endanger the person or property of another; or 51 (2) While under the influence of alcohol or any controlled substance. 52 [5.] 7. No operator of a utility vehicle shall carry a passenger, except for agricultural 53 purposes. The provisions of this subsection shall not apply to any utility vehicle in which the 54 seat of such vehicle is designed to carry more than one person. HB 1559 3
55 [6.] 8. A violation of this section shall be a class C misdemeanor. In addition to other 56 legal remedies, the attorney general or county prosecuting attorney may institute a civil action 57 in a court of competent jurisdiction for injunctive relief to prevent such violation or future 58 violations and for the assessment of a civil penalty not to exceed one thousand dollars per day 59 of violation. ✔
Statutes affected: