302.010. Definitions.
Definitions.
302.010. Except where otherwise provided, when used in this chapter,the following words and phrases mean:
(1) "Circuit court", each circuit court in the state;
(2) "Commercial motor vehicle", a motor vehicle designed or regularlyused for carrying freight and merchandise, or more than fifteen passengers;
(3) "Conviction", any final conviction; also a forfeiture of bail orcollateral deposited to secure a defendant's appearance in court, whichforfeiture has not been vacated, shall be equivalent to a conviction,except that when any conviction as a result of which points are assessedpursuant to section 302.302 is appealed, the term "conviction" means theoriginal judgment of conviction for the purpose of determining theassessment of points, and the date of final judgment affirming theconviction shall be the date determining the beginning of any licensesuspension or revocation pursuant to section 302.304;
(4) "Director", the director of revenue acting directly or throughthe director's authorized officers and agents;
(5) "Farm tractor", every motor vehicle designed and used primarilyas a farm implement for drawing plows, mowing machines and other implementsof husbandry;
(6) "Highway", any public thoroughfare for vehicles, including stateroads, county roads and public streets, avenues, boulevards, parkways, oralleys in any municipality;
(7) "Incompetent to drive a motor vehicle", a person who has becomephysically incapable of meeting the prescribed requirements of anexamination for an operator's license, or who has been adjudged by aprobate division of the circuit court in a capacity hearing of beingincapacitated;
(8) "License", a license issued by a state to a person whichauthorizes a person to operate a motor vehicle;
(9) "Motor vehicle", any self-propelled vehicle not operatedexclusively upon tracks except motorized bicycles, as defined in section307.180, RSMo;
(10) "Motorcycle", a motor vehicle operated on two wheels; however,this definition shall not include motorized bicycles as defined in section301.010, RSMo;
(11) "Motortricycle", a motor vehicle operated on three wheels,including a motorcycle operated with any conveyance, temporary orotherwise, requiring the use of a third wheel;
(12) "Moving violation", that character of traffic violation where atthe time of violation the motor vehicle involved is in motion, except thatthe term does not include the driving of a motor vehicle without a validmotor vehicle registration license, or violations of sections 304.170 to304.240, RSMo, inclusive, relating to sizes and weights of vehicles;
(13) "Municipal court", every division of the circuit court havingoriginal jurisdiction to try persons for violations of city ordinances;
(14) "Nonresident", every person who is not a resident of this state;
(15) "Operator", every person who is in actual physical control of amotor vehicle upon a highway;
(16) "Owner", a person who holds the legal title of a vehicle or inthe event a vehicle is the subject of an agreement for the conditional saleor lease thereof with the right of purchase upon performance of theconditions stated in the agreement and with an immediate right ofpossession vested in the conditional vendee or lessee, or in the event amortgagor of a vehicle is entitled to possession, then such conditionalvendee or lessee or mortgagor shall be deemed the owner for the purpose ofsections 302.010 to 302.540;
(17) "Record" includes, but is not limited to, papers, documents,facsimile information, microphotographic process, electronically generatedor electronically recorded information, digitized images, deposited orfiled with the department of revenue;
(18) "Residence address", "residence", or "resident address" shall bethe location at which a person has been physically present, and that theperson regards as home. A residence address is a person's true, fixed,principal, and permanent home, to which a person intends to return andremain, even though currently residing elsewhere;
(19) "Restricted driving privilege", a driving privilege issued bythe director of revenue following a suspension of driving privileges forthe limited purpose of driving in connection with the driver's business,occupation, employment, formal program of secondary, postsecondary orhigher education, or for an alcohol education or treatment program orcertified ignition interlock provider;
(20) "School bus", when used in sections 302.010 to 302.540, meansany motor vehicle, either publicly or privately owned, used to transportstudents to and from school, or to transport pupils properly chaperoned toand from any place within the state for educational purposes. The term"school bus" shall not include a bus operated by a public utility,municipal corporation or common carrier authorized to conduct local orinterstate transportation of passengers when such bus is not traveling aspecific school bus route but is:
(a) On a regularly scheduled route for the transportation offare-paying passengers; or
(b) Furnishing charter service for the transportation of personsenrolled as students on field trips or other special trips or in connectionwith other special events;
(21) "School bus operator", an operator who operates a school bus asdefined in subdivision (20) of this section in the transportation of anyschoolchildren and who receives compensation for such service. The term"school bus operator" shall not include any person who transportsschoolchildren as an incident to employment with a school or schooldistrict, such as a teacher, coach, administrator, secretary, school nurse,or janitor unless such person is under contract with or employed by aschool or school district as a school bus operator;
(22) "Signature", any method determined by the director of revenuefor the signing, subscribing or verifying of a record, report, application,driver's license, or other related document that shall have the samevalidity and consequences as the actual signing by the person providing therecord, report, application, driver's license or related document;
(23) "Substance abuse traffic offender program", a program certifiedby the division of alcohol and drug abuse of the department of mentalhealth to provide education or rehabilitation services pursuant to aprofessional assessment screening to identify the individual needs of theperson who has been referred to the program as the result of an alcohol- ordrug-related traffic offense. Successful completion of such a programincludes participation in any education or rehabilitation program requiredto meet the needs identified in the assessment screening. The assignmentrecommendations based upon such assessment shall be subject to judicialreview as provided in subsection 14 of section 302.304 and subsections 1and 5 of section 302.540;
(24) "Vehicle", any mechanical device on wheels, designed primarilyfor use, or used on highways, except motorized bicycles, vehicles propelledor drawn by horses or human power, or vehicles used exclusively on fixedrails or tracks, or cotton trailers or motorized wheelchairs operated byhandicapped persons.
(RSMo 1939 § 8443, A. 1949 S.B. 1111, A.L. 1951 p. 678, A.L. 1955 p. 621, A.L. 1961 p. 487, A.L. 1978 H.B. 1634, A.L. 1980 H.B. 995 & 1051, A.L. 1983 S.B. 44 & 45, A.L. 1984 H.B. 1575 Revision, A.L. 1986 S.B. 707, A.L. 1987 S.B. 114 merged with H.B. 384 Revision, A.L. 1988 H.B. 990, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1991 H.B. 251, A.L. 1995 H.B. 717 merged with S.B. 24, A.L. 1996 H.B. 1169 & 1271 merged with S.B. 722, A.L. 2002 H.B. 2062, A.L. 2007 S.B. 22, A.L. 2008 S.B. 930 & 947)Effective 7-01-09
(2004) Golf cart is a "motor vehicle" as defined in section. Also, privately owned subdivision road open for use and used by public is a "highway" as defined in section. Covert v. Fisher, 151 S.W.3d 70 (Mo.App.E.D.).