Missouri Revised Statutes
Chapter 304 - Traffic Regulations
Section 304.285 - Red light violations by motorcycles or bicycles, affirmative defense, when.

Effective - 28 Aug 2009
304.285. Red light violations by motorcycles or bicycles, affirmative defense, when. — Any person operating a motorcycle or bicycle who violates the provisions of section 304.281 or section 304.301 by entering or crossing an intersection controlled by a traffic control signal against a red light shall have an affirmative defense to that charge if the person establishes all of the following conditions:
(1) The motorcycle or bicycle has been brought to a complete stop;
(2) The traffic control signal continues to show a red light for an unreasonable time;
(3) The traffic control is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the motorcycle; and
(4) No motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.
­­The affirmative defense of this section applies only to a violation for entering or crossing an intersection controlled by a traffic control signal against a red light and does not provide a defense to any other civil or criminal action.

­­--------
(L. 2009 H.B. 683 merged with S.B. 368)

<< Previous
Next >>

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XIX - Motor Vehicles, Watercraft and Aviation

Chapter 304 - Traffic Regulations

Section 304.001 - Definitions for chapter 304 and chapter 307.

Section 304.005 - Autocycle — defined—protective headgear not required — valid driver's license required to operate.

Section 304.009 - Speed limit — violation, penalty.

Section 304.010 - Definitions — maximum speed limits — cities, towns, villages, certain counties, may set speed limit, how set — slower speeds set, when — violations, penalty.

Section 304.011 - Slow speed, regulation of — agricultural implements, slower speeds, when, special permits required — penalties.

Section 304.012 - Motorists to exercise highest degree of care — violation, penalty.

Section 304.013 - All-terrain vehicles, prohibited on highways, rivers or streams of this state, exceptions, operational requirements — special permits — prohibited uses — penalty.

Section 304.014 - Rules of the road to be observed.

Section 304.015 - Drive on right of highway — traffic lanes — signs — violations, penalties.

Section 304.016 - Passing regulations — violations, penalties.

Section 304.017 - Distance at which vehicle must follow, penalty.

Section 304.019 - Hand and mechanical signals, violations, penalty.

Section 304.022 - Emergency and stationary vehicles — use of lights and sirens — right-of-way — procedure — penalty.

Section 304.023 - Passing stopped streetcars, penalty.

Section 304.024 - Crosswalks and parking regulations established — signs — violation, an infraction.

Section 304.025 - Highway and vehicle defined.

Section 304.027 - Spinal cord injury fund created, uses — surcharge imposed, when.

Section 304.028 - Brain injury fund created, moneys in fund, uses — surcharge imposed, when.

Section 304.029 - Operation of low-speed vehicles on highway, permitted when — exemptions.

Section 304.030 - Certain buses and trucks to stop at railroad crossing, when — exception, requirements.

Section 304.031 - Traffic signal preemption system, use of, permitted when — violations, penalty.

Section 304.032 - Utility vehicles, operation on highway and in streams or rivers prohibited — exceptions — passengers prohibited — violations, penalty.

Section 304.033 - Recreational off-highway vehicles, operation on highways prohibited, exceptions — operation within streams and rivers prohibited, exceptions — license required for operation, exception.

Section 304.034 - Municipalities may regulate golf cart and motorized wheelchair usage on streets and highways.

Section 304.035 - Stop required at railroad grade crossing, when — commercial motor vehicles, speed at crossings — penalty.

Section 304.040 - Failure to stop, penalty.

Section 304.044 - Buses and trucks not to follow within three hundred feet — penalty.

Section 304.050 - School buses, drivers to stop for, when — signs required on buses — crossing control arm — bus driver responsibilities — driver identity rebuttable presumption, when (Jessica's Law).

Section 304.060 - School buses and other district vehicles, use to be regulated by board — field trips in common carriers, regulation authorized — violation by employee, effect — St. Louis County buses may use word "special".

Section 304.070 - Violation of section 304.050, penalty.

Section 304.075 - School bus signs to be removed, when — misdemeanor.

Section 304.076 - Head Start buses to bear signs.

Section 304.079 - Use of designated disabled parking spaces, when.

Section 304.080 - Handicapped persons with white cane or dog, driver to take all necessary precautions — cane or dog not required to enforce rights, when.

Section 304.110 - Violation of sections 304.080 to 304.110, penalty.

Section 304.120 - Municipal regulations — owner or lessor not liable for violations, when.

Section 304.125 - Traffic violation citation quota prohibited--exception.

Section 304.130 - Regulation of vehicular traffic — notice, hearings — approval — publication of notice (first class counties).

Section 304.140 - Penalty for violations.

Section 304.151 - Driver's responsibility not to obstruct traffic — written warning, infraction, effective date.

Section 304.152 - Roadside checkpoints and roadblock patterns based on vehicle type prohibited.

Section 304.153 - Tow companies or tow lists, utilization of by law enforcement and state transportation employees—definitions—requirements—unauthorized towing, penalty—inapplicability.

Section 304.154 - Towing truck company requirements—access to towed vehicles by insurance adjusters—notice to vehicle owner of transfer from storage lot or facility—display of tow company address, when.

Section 304.155 - Abandoned motor vehicles on public property, removal — hazards on land and water, removal, limited liability, when — towing of property report to highway or water patrol or crime inquiry and inspection report when, owner liable for...

Section 304.156 - Notice to towing company, owner or lienholder, when — storage charges, when authorized — search of vehicle for ownership documents — petition, determination of wrongful taking — possessory lien, new title, how issued — sale of aband...

Section 304.157 - Vehicles left unattended or improperly parked on private property of another, procedure for removal and disposition — violation of certain required procedure, penalty.

Section 304.158 - Notice to owner of abandoned property — duty of real property owner — liability of towing company — recovery for damages to real property, when — liability of real property owner for towing charges, when — information to be displaye...

Section 304.159 - Municipality may prohibit storage of certain vehicles, exceptions.

Section 304.160 - Glass, tacks, injurious substances, duty to remove from highway, when — penalty.

Section 304.170 - Regulations as to width, height and length of vehicles — inapplicability, when — implements of husbandry defined — sludge disposal units.

Section 304.172 - Fire-fighting equipment exempt from size restrictions.

Section 304.174 - Size and load restrictions not applicable to wreckers, tow trucks, rollbacks and car carriers, when.

Section 304.180 - Regulations as to weight — axle load, tandem axle defined — transport of specific items, total gross weight permitted — requirements during disasters — specific vehicles, maximum weight.

Section 304.181 - Buses, axle weight limits.

Section 304.184 - Transportation of solid waste, weight restrictions for trucks and tractor-trailers.

Section 304.190 - Height and weight regulations (cities of 75,000 or more) — commercial zone defined.

Section 304.200 - Special permits for oversize or overweight loads — rules for issuing — when valid.

Section 304.210 - Reduction of maximum weight by highways and transportation commission — notice.

Section 304.220 - Weight limits on county roads and bridges reduced, when — penalty for violation.

Section 304.230 - Enforcement of load laws — commercial vehicle inspectors, powers.

Section 304.232 - Municipal law enforcement officers, state highway patrol to approve certification procedures — fees — requirements — random roadside inspections prohibited, when — rulemaking authority.

Section 304.235 - Commercial vehicles licensed for eighteen thousand pounds or less not to stop at weigh station or be otherwise identified — confidentiality rules do not apply to commercial vehicle enforcement officers, when — penalty for evading we...

Section 304.240 - Violation of load law a misdemeanor — penalty — local log truck and local log truck tractor, violation, penalty.

Section 304.250 - Restriction on use of metal-tired vehicles — penalty.

Section 304.260 - Tractors exempt — designation of truck routes by commission.

Section 304.271 - Observance of traffic-control devices — presumptions — penalty.

Section 304.281 - Rules for traffic where controlled by light signals — right turn on red light, when — violations, penalty.

Section 304.285 - Red light violations by motorcycles or bicycles, affirmative defense, when.

Section 304.289 - Timing of signals, minimum interval times to be established.

Section 304.291 - Rules for pedestrians controlled by special signs.

Section 304.301 - Rules for vehicular traffic controlled by flashing signals — violation, penalty.

Section 304.311 - Observance of lane — direction — control signals.

Section 304.321 - Unauthorized signal devices prohibited — trafficway not to be used for signs — nuisances declared.

Section 304.331 - Alteration or removal of traffic-control devices prohibited.

Section 304.341 - Turns at intersection — violation, penalty.

Section 304.351 - Right-of-way at intersection — signs at intersections — violation, penalty — additional penalties — definitions — order of suspension, contents, appeal.

Section 304.361 - Penalty for violation of sections 304.271 to 304.351.

Section 304.373 - Hazardous materials, requirements for transportation — violations, penalties.

Section 304.570 - Penalty for violations.

Section 304.580 - Definitions.

Section 304.582 - Fines for moving violations — fines for violations in work or construction zones — signs required for assessing fines — penalty for passing in work or construction zones — not applicable to court costs.

Section 304.585 - Endangerment of a highway worker defined — fine, points assessed — aggravated endangerment of a highway worker, fine, points assessed — offense not applicable in absence of workers in zone — no citation or conviction, when — revocat...

Section 304.590 - Travel safe zone defined — doubling of fine for violation in — signage required.

Section 304.665 - Riding in open bed of truck prohibited, when, exceptions, penalty.

Section 304.670 - Collection and maintenance of certain information regarding traffic law enforcement, analyses to be conducted.

Section 304.678 - Distance to be maintained when overtaking a bicycle — violation, penalty.

Section 304.705 - Certain trucks not to drive in far left lane of certain interstate highways (St. Charles and Jefferson counties).

Section 304.725 - Veterans displaying special license plates or certain military medal recipients may park without charge in metered parking — windshield placard for veterans and certain military medal recipients — exceptions.

Section 304.820 - Text messaging and using a hand-held mobile device while operating a motor vehicle prohibited, when — exceptions — definitions — violation, penalty.

Section 304.890 - Definitions.

Section 304.892 - Violations, penalties.

Section 304.894 - Offense of endangerment of an emergency responder, elements — penalties — revocation of driver's license, when.

Section 304.900 - Personal delivery devices, authority to operate — definitions — requirements — insurance — lighting equipment required, when — personally identifiable likeness, sale of prohibited.