Missouri Revised Statutes
Chapter 304 - Traffic Regulations
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...

Effective - 28 Aug 2019, 2 histories
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 — revocation of driver's license, when. — 1. A person shall be deemed to commit the offense of "endangerment of a highway worker" upon conviction for any of the following when the offense occurs within a construction zone or work zone, as defined in section 304.580:
(1) Exceeding the posted speed limit by fifteen miles per hour or more;
(2) Passing in violation of subsection 4 of section 304.582;
(3) Failure to stop for a work zone flagman or failure to obey traffic control devices erected in the construction zone or work zone for purposes of controlling the flow of motor vehicles through the zone;
(4) Driving through or around a work zone by any lane not clearly designated to motorists for the flow of traffic through or around the work zone;
(5) Physically assaulting, or attempting to assault, or threatening to assault a highway worker in a construction zone or work zone, with a motor vehicle or other instrument;
(6) Intentionally striking, moving, or altering barrels, barriers, signs, or other devices erected to control the flow of traffic to protect workers and motorists in the work zone for a reason other than avoidance of an obstacle, an emergency, or to protect the health and safety of an occupant of the motor vehicle or of another person; or
(7) Committing any of the following offenses for which points may be assessed under section 302.302:
(a) Leaving the scene of an accident in violation of section 577.060;
(b) Careless and imprudent driving in violation of subsection 4 of section 304.016;
(c) Operating without a valid license in violation of subdivision (1) or (2) of subsection 1 of section 302.020;
(d) Operating with a suspended or revoked license;
(e) Driving while in an intoxicated condition or under the influence of controlled substances or drugs or driving with an excessive blood alcohol content;
(f) Any felony involving the use of a motor vehicle.
2. Upon conviction or a plea of guilty for committing the offense of endangerment of a highway worker under subsection 1 of this section if no injury or death to a highway worker resulted from the offense, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than one thousand dollars and shall have four points assessed to his or her driver's license under section 302.302.
3. A person shall be deemed to commit the offense of "aggravated endangerment of a highway worker" upon conviction or a plea of guilty for any offense under subsection 1 of this section when such offense occurs in a construction zone or work zone as defined in section 304.580 and results in the injury or death of a highway worker. Upon conviction or a plea of guilty for committing the offense of aggravated endangerment of a highway worker, in addition to any other penalty authorized by law, the person shall be subject to a fine of not more than five thousand dollars if the offense resulted in injury to a highway worker and ten thousand dollars if the offense resulted in death to a highway worker. In addition, such person shall have twelve points assessed to their driver's license under section 302.302 and shall be subject to the provisions of section 302.304 regarding the revocation of the person's license and driving privileges.
4. Except for the offense established under subdivision (6) of subsection 1 of this section, no person shall be deemed to commit the offense of endangerment of a highway worker except when the act or omission constituting the offense occurred when one or more highway workers were in the construction zone or work zone.
5. No person shall be cited or convicted for endangerment of a highway worker or aggravated endangerment of a highway worker, for any act or omission otherwise constituting an offense under subsection 1 of this section, if such act or omission resulted in whole or in part from mechanical failure of the person's vehicle or from the negligence of another person or a highway worker.
6. (1) Notwithstanding any provision of this section or any other law to the contrary, the director of the department of revenue or his or her agent shall order the revocation of a driver's license upon its determination that an individual holding such license was involved in a physical accident where his or her negligent acts or omissions contributed to his or her vehicle striking a highway worker within a designated construction zone or work zone where department of transportation guidelines involving notice and signage were properly implemented. The department shall make its determination of these facts on the basis of the report of a law enforcement officer investigating the incident and this determination shall be final unless a hearing is requested and held as provided under subdivision (2) of this subsection. Upon its determination that the facts support a license revocation, the department shall issue a notice of revocation which shall be mailed to the person at the last known address shown on the department's records. The notice is deemed received three days after mailing unless returned by postal authorities. The notice of revocation shall clearly specify the reason and statutory grounds for the revocation, the effective date of the revocation which shall be at least fifteen days from the date the department issued its order, the right of the person to request a hearing, and the date by which the request for a hearing must be made.
(2) An individual who received notice of revocation from the department under this section may seek reinstatement by either:
(a) Taking and passing the written and driving portions of the driver's license examination, in which case the individual's driver's license shall be immediately reinstated; or
(b) Petitioning for a hearing before a circuit division or associate division of the court in the county in which the work zone accident occurred. The individual may request such court to issue an order staying the revocation until such time as the petition for review can be heard. If the court, in its discretion, grants such stay, it shall enter the order upon a form prescribed by the director of revenue and shall send a copy of such order to the director. Such order shall serve as proof of the privilege to operate a motor vehicle in this state, and the director shall maintain possession of the person's license to operate a motor vehicle until the termination of any suspension under this subsection. The clerk of the court shall notify the prosecuting attorney of the county, and the prosecutor shall appear at the hearing on behalf of the director of revenue. At the hearing, the court shall determine only:
a. Whether the person was involved in a physical accident where his or her vehicle struck a highway worker within a designated construction or work zone;
b. Whether the department of transportation guidelines involving notice and signage were properly implemented in such work zone; and
c. Whether the investigating officer had probable cause to believe the person's negligent acts or omissions contributed to his or her vehicle striking a highway worker.
­­If the court determines subparagraph a., b., or c. of this paragraph* not to be in the affirmative, the court shall order the director to reinstate the license or permit to drive.
(3) The department of revenue administrative adjudication to reinstate a driver's license that was revoked under this subsection, and any evidence provided to the department related to such adjudication, shall not be produced by subpoena or any other means and made available as evidence in any other administrative action, civil case, or criminal prosecution. The court's determinations issued under this section, and the evidence provided to the court relating to such determinations, shall not be produced by subpoena or any other means and made available in any other administrative action, civil case, or criminal prosecution. Nothing in this subdivision shall be construed to prevent the department from providing information to the system authorized under 49 U.S.C. Section 31309, or any successor federal law, pertaining to the licensing, identification, and disqualification of operators of commercial motor vehicles.
­­--------
(L. 2006 S.B. 872, et al., A.L. 2019 H.B. 499 merged with S.B. 89)
*Word "subdivision" appears here in original rolls of S.B. 89, 2019.

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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.