Judges: JEREMIAH W. (JAY) NIXON, Attorney General
Filed Date: 7/9/1998
Status: Precedential
Modified Date: 7/5/2016
Gary B. Kempker, Director Department of Public Safety P.O. Box 749 Jefferson City, MO 65102
Dear Director Kempker:
This opinion is in response to your question asking:
Who is required to wear a safety belt in a truck? (What ages does this apply to and what licensed gross weight of truck?)
Your question apparently arises because of a possible conflict between subsection 1 and subsection 2 of Section
307.178 . Seat belts required for passenger cars — passenger cars defined — exceptions — failure to comply, effect on evidence and damages — penalty — passengers in car exceeding number of seat belts not violation for failure to use. — 1. As used in this section, the term "passenger car" means every motor vehicle designed for carrying ten persons or less and used for the transportation of persons; except that, the term "passenger car" shall not include motorcycles, motorized bicycles, motor tricycles and trucks with a licensed gross weight of twelve thousand pounds or more.2. Each driver, except persons employed by the United States Postal Service while performing duties for that federal agency which require the operator to service postal boxes from their vehicles, or which require frequent entry into and exit from their vehicles, and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this state, and persons less than eighteen years of age operating or riding in a truck, as defined in section
301.010 . RSMo, on a street or highway of this state shall wear a properly adjusted and fastened safety belt that meets federal National Highway, Transportation and Safety Act requirements; except that, a child less than four years of age shall be protected as required in section210.104 , RSMo. No person shall be stopped, inspected, or detained solely to determine compliance with this subsection. The provisions of this section shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about their body, nor shall the provisions of this section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities. Noncompliance with this subsection shall not constitute probable cause for violation of any other provision of law.3. Each driver of a motor vehicle transporting a child four years of age or more, but less than sixteen years of age, shall secure the child in a properly adjusted and fastened safety belt.
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5. Each driver who violates the provisions of subsection 2 or 3 of this section is guilty of an infraction for which a fine not to exceed ten dollars may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this section. In no case shall points be assessed against any person, pursuant to section
302.302 , RSMo, for a violation of this section.
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7. If there are more persons than there are seat belts in the enclosed area of a motor vehicle, then the driver and passengers are not in violation of this section. [Emphasis added.]
Section
(58) "Truck", a motor vehicle designed, used, or maintained for the transportation of property;
Subsection 1 of Section
In addressing your question, we first consider the statutory provisions applicable to persons less than eighteen years of age. A provision in subsection 2 of Section
The provision addressing persons less than eighteen years of age refers to a truck as defined in Section
In looking at the exceptions for persons less than eighteen years of age, there is a specific exception stating "a child less than four years of age shall be protected as required in section
We next consider the statutory provisions applicable to persons eighteen years of age or older. Subsection 2 requires each driver and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this state to wear a safety belt, with certain exceptions. Subsection 1 of Section
With regard to the exceptions for persons eighteen years of age and older, subsection 2 contains a specific exception for certain employees of the United States Postal Service. Also relevant is the provision in subsection 2 stating: "The provisions of this section shall not be applicable to persons who have a medical reason for failing to have seat belt fastened about their body, nor shall the provisions of this section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities." These exceptions would apply to persons eighteen years of age or older.
Very truly yours,
JEREMIAH W. (JAY) NIXON Attorney General