304.013. All-terrain vehicles, prohibited on highways, rivers or streams of this state, exceptions, operational requirements--special permits--prohibited uses--penalty.
All-terrain vehicles, prohibited on highways, rivers or streamsof this state, exceptions, operational requirements--specialpermits--prohibited uses--penalty.
304.013. 1. No person shall operate an all-terrain vehicle, asdefined in section 301.010, RSMo, upon the highways of this state, exceptas follows:
(1) All-terrain vehicles owned and operated by a governmental entityfor official use;
(2) All-terrain vehicles operated for agricultural purposes orindustrial on-premises purposes between the official sunrise and sunset onthe day of operation;
(3) All-terrain vehicles operated by handicapped persons for shortdistances occasionally only on the state's secondary roads when operatedbetween the hours of sunrise and sunset;
(4) Governing bodies of cities may issue special permits to licenseddrivers for special uses of all-terrain vehicles on highways within thecity limits. Fees of fifteen dollars may be collected and retained bycities for such permits;
(5) Governing bodies of counties may issue special permits tolicensed drivers for special uses of all-terrain vehicles on county roadswithin the county. Fees of fifteen dollars may be collected and retainedby the counties for such permits.
2. No person shall operate an off-road vehicle within any stream orriver in this state, except that off-road vehicles may be operated withinwaterways which flow within the boundaries of land which an off-roadvehicle operator owns, or for agricultural purposes within the boundariesof land which an off-road vehicle operator owns or has permission to beupon, or for the purpose of fording such stream or river of this state atsuch road crossings as are customary or part of the highway system. Alllaw enforcement officials or peace officers of this state and its politicalsubdivisions or department of conservation agents or department of naturalresources park rangers shall enforce the provisions of this subsectionwithin the geographic area of their jurisdiction.
3. A person operating an all-terrain vehicle on a highway pursuant toan exception covered in this section shall have a valid operator's orchauffeur's license, except that a handicapped person operating suchvehicle pursuant to subdivision (3) of subsection 1 of this section, butshall not be required to have passed an examination for the operation of amotorcycle, and the vehicle shall be operated at speeds of less than thirtymiles per hour. When operated on a highway, an all-terrain vehicle shallhave a bicycle safety flag, which extends not less than seven feet abovethe ground, attached to the rear of the vehicle. The bicycle safety flagshall be triangular in shape with an area of not less than thirty squareinches and shall be day-glow in color.
4. No persons shall operate an all-terrain vehicle:
(1) In any careless way so as to endanger the person or property ofanother;
(2) While under the influence of alcohol or any controlled substance;
(3) Without a securely fastened safety helmet on the head of anindividual who operates an all-terrain vehicle or who is being towed orotherwise propelled by an all-terrain vehicle, unless the individual is atleast eighteen years of age.
5. No operator of an all-terrain vehicle shall carry a passenger,except for agricultural purposes. The provisions of this subsection shallnot apply to any all-terrain vehicle in which the seat of such vehicle isdesigned to carry more than one person.
6. A violation of this section shall be a class C misdemeanor. Inaddition to other legal remedies, the attorney general or countyprosecuting attorney may institute a civil action in a court of competentjurisdiction for injunctive relief to prevent such violation or futureviolations and for the assessment of a civil penalty not to exceed onethousand dollars per day of violation.
(L. 1988 H.B. 990, A.L. 1990 H.B. 1279, A.L. 1997 H.B. 389, A.L. 2004 H.B. 996 and H.B. 1142 and H.B. 1201 and H.B. 1489 merged with S.B. 1233, et al.)