304.001. Definitions for chapter 304 and chapter 307.
Definitions for chapter 304 and chapter 307.
304.001. As used in this chapter and chapter 307, RSMo, the followingterms shall mean:
(1) "Abandoned property", any unattended motor vehicle, trailer,all-terrain vehicle, outboard motor or vessel removed or subject to removalfrom public or private property as provided in sections 304.155 and304.157, whether or not operational. For any vehicle towed from the sceneof an accident at the request of law enforcement and not retrieved by thevehicle's owner within five days of the accident, the agency requesting thetow shall be required to write an abandoned property report or a crimeinquiry and inspection report;
(2) "Commercial vehicle enforcement officers", employees of theMissouri state highway patrol who are not members of the patrol but who areappointed by the superintendent of the highway patrol to enforce the laws,rules, and regulations pertaining to commercial vehicles, trailers, specialmobile equipment and drivers of such vehicles;
(3) "Commercial vehicle inspectors", employees of the Missouri statehighway patrol who are not members of the patrol but who are appointed bythe superintendent of the highway patrol to supervise or operate permanentor portable weigh stations in the enforcement of commercial vehicle laws;
(4) "Commission", the state highways and transportation commission;
(5) "Department", the state transportation department;
(6) "Freeway", a divided state highway with four or more lanes, withno access to the throughways except the established interchanges and withno at-grade crossings;
(7) "Interstate highway", a state highway included in the nationalsystem of interstate highways located within the boundaries of Missouri, asofficially designated or as may be hereafter designated by the statehighways and transportation commission with the approval of the Secretaryof Transportation, pursuant to Title 23, U.S.C., as amended;
(8) "Members of the patrol", the superintendent, lieutenant colonel,majors, captains, director of radio, lieutenants, sergeants, corporals andpatrolmen of the Missouri state highway patrol;
(9) "Off-road vehicle", any vehicle designed for or capable ofcross-country travel on or immediately over land, water, ice, snow, marsh,swampland, or other natural terrain without benefit of a road or trail:
(a) Including, without limitation, the following:
a. Jeeps;
b. All-terrain vehicles;
c. Dune buggies;
d. Multiwheel drive or low-pressure tire vehicles;
e. Vehicle using an endless belt, or tread or treads, or acombination of tread and low-pressure tires;
f. Motorcycles, trail bikes, minibikes and related vehicles;
g. Any other means of transportation deriving power from any sourceother than muscle or wind; and
(b) Excluding the following:
a. Registered motorboats;
b. Aircraft;
c. Any military, fire or law enforcement vehicle;
d. Farm-type tractors and other self-propelled equipment forharvesting and transporting farm or forest products;
e. Any vehicle being used for farm purposes, earth moving, orconstruction while being used for such purposes on the work site;
f. Self-propelled lawnmowers, or lawn or garden tractors, or golfcarts, while being used exclusively for their designed purpose; and
g. Any vehicle being used for the purpose of transporting ahandicapped person;
(10) "Person", any natural person, corporation, or other legalentity;
(11) "Right-of-way", the entire width of land between the boundarylines of a state highway, including any roadway;
(12) "Roadway", that portion of a state highway ordinarily used forvehicular travel, exclusive of the berm or shoulder;
(13) "State highway", a highway constructed or maintained by thestate highways and transportation commission with the aid of state funds orUnited States government funds, or any highway included by authority of lawin the state highway system, including all right-of-way;
(14) "Towing company", any person or entity which tows, removes orstores abandoned property;
(15) "Urbanized area", an area with a population of fifty thousand ormore designated by the Bureau of the Census, within boundaries to be fixedby the state highways and transportation commission and local officials incooperation with each other and approved by the Secretary ofTransportation. The boundary of an urbanized area shall, at a minimum,encompass the entire urbanized area as designed by the Bureau of theCensus.
(L. 1983 H.B. 539, A.L. 1988 H.B. 990, A.L. 1994 S.B. 475, A.L. 1996 S.B. 560, A.L. 2002 H.B. 1270 and H.B. 2032)