HOUSE BILL NO. 3388 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE JACOBS.
6901H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 307.178, RSMo, and to enact in lieu thereof one new section relating to safety belt violations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 307.178, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 307.178, to read as follows: 307.178. 1. As used in this section, the term "passenger car" means every motor 2 vehicle designed for carrying ten persons or less and used for the transportation of persons; 3 except that, the term "passenger car" shall not include motorcycles, motorized bicycles, motor 4 tricycles, and trucks with a licensed gross weight of twelve thousand pounds or more. 5 2. Each driver, except persons employed by the United States Postal Service while 6 performing duties for that federal agency which require the operator to service postal boxes 7 from their vehicles, or which require frequent entry into and exit from their vehicles, and front 8 seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or 9 highway in this state, and persons less than eighteen years of age operating or riding in a 10 truck, as defined in section 301.010, on a street or highway of this state shall wear a properly 11 adjusted and fastened safety belt that meets federal National Highway, Transportation and 12 Safety Act requirements. [No person shall be stopped, inspected, or detained solely to 13 determine compliance with this subsection.] The provisions of this section and section 14 307.179 shall not be applicable to persons who have a medical reason for failing to have a 15 seat belt fastened about their body, nor shall the provisions of this section be applicable to 16 persons while operating or riding a motor vehicle being used in agricultural work-related 17 activities. Noncompliance with this subsection shall not constitute probable cause for
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 3388 2
18 violation of any other provision of law. The provisions of this subsection shall not apply to 19 the transporting of children under sixteen years of age, as provided in section 307.179. 20 3. Each driver of a motor vehicle transporting a child less than sixteen years of age 21 shall secure the child in a properly adjusted and fastened restraint under section 307.179. 22 4. In any action to recover damages arising out of the ownership, common 23 maintenance or operation of a motor vehicle, failure to wear a safety belt in violation of this 24 section shall not be considered evidence of comparative negligence. Failure to wear a safety 25 belt in violation of this section may be admitted to mitigate damages, but only under the 26 following circumstances: 27 (1) Parties seeking to introduce evidence of the failure to wear a safety belt in 28 violation of this section must first introduce expert evidence proving that a failure to wear a 29 safety belt contributed to the injuries claimed by plaintiff; 30 (2) If the evidence supports such a finding, the trier of fact may find that the plaintiff's 31 failure to wear a safety belt in violation of this section contributed to the plaintiff's claimed 32 injuries, and may reduce the amount of the plaintiff's recovery by an amount not to exceed 33 one percent of the damages awarded after any reductions for comparative negligence. 34 5. Notwithstanding any other provision of law to the contrary, subsection 4 of this 35 section shall not apply to any action arising out of the design, construction, manufacture, 36 distribution, or sale of a motor vehicle, as defined in section 301.010, factory-equipped with a 37 safety belt. In such actions arising out of the design, construction, manufacture, distribution, 38 or sale of a motor vehicle, a plaintiff's failure to wear a properly adjusted and fastened safety 39 belt shall be admissible as evidence of comparative negligence or fault, causation, absence of 40 a defect or hazard, and failure to mitigate damages. 41 6. Except as otherwise provided for in section 307.179, each person who violates the 42 provisions of subsection 2 of this section is guilty of an infraction for which a fine not to 43 exceed ten dollars may be imposed. All other provisions of law and court rules to the 44 contrary notwithstanding, no court costs shall be imposed on any person due to a violation of 45 this section. In no case shall points be assessed against any person, pursuant to section 46 302.302, for a violation of this section. 47 7. The state highways and transportation commission shall initiate and develop a 48 program of public information to develop understanding of, and ensure compliance with, the 49 provisions of this section. The commission shall evaluate the effectiveness of this section and 50 shall include a report of its findings in the annual evaluation report on its highway safety plan 51 that it submits to NHTSA and FHWA pursuant to 23 U.S.C. Section 402. 52 8. If there are more persons than there are seat belts in the enclosed area of a motor 53 vehicle, then the passengers who are unable to wear seat belts shall sit in the area behind the 54 front seat of the motor vehicle unless the motor vehicle is designed only for a front-seated HB 3388 3
55 area. The passenger or passengers occupying a seat location referred to in this subsection is 56 not in violation of this section. This subsection shall not apply to passengers who are 57 accompanying a driver of a motor vehicle who is licensed under section 302.178. ✔
Statutes affected: