304.250. Restriction on use of metal-tired vehicles--penalty.
Restriction on use of metal-tired vehicles--penalty.
304.250. 1. No metal-tired vehicle shall be operated over any of theimproved highways of this state, except over highways constructed of gravelor claybound gravel, if such vehicle has on the periphery of any of theroad wheels any lug, flange, cleat, ridge, bolt or any projection of metalor wood which projects radially beyond the tread or traffic surface of thetire, unless the highway is protected by putting down solid planks or othersuitable material, or by attachments to the wheels so as to prevent suchvehicles from damaging the highway, except that this prohibition shall notapply to tractors or traction engines equipped with what is known ascaterpillar treads, when such caterpillar does not contain any projectionof any kind likely to injure the surface of the road. Tractors, tractionengines and similar vehicles may be operated which have upon their roadwheels "V" shaped, diagonal or other cleats arranged in such manner as tobe continuously in contact with the road surface if the gross weight on thewheels per inch of width of such cleats or road surface, when measured inthe direction of the axle of the vehicle, does not exceed eight hundredpounds.
2. No tractor, tractor engine, or other metal-tired vehicle weighingmore than four tons, including the weight of the vehicle and its load,shall drive onto, upon or over the edge of any improved highway withoutprotecting such edge by putting down solid planks or other suitablematerial to prevent such vehicle from breaking off the edges of thepavement.
3. Violation of this section shall be deemed an infraction and anyperson violating this section, whether operating pursuant to a permit ornot, or who shall willfully or negligently damage a highway, shall beliable for the amount of such damage caused to any highway, bridge, culvertor sewer, and any vehicle causing such damage shall be subject to a lienfor the full amount of such damage, which lien shall not be superior to anyduly recorded or filed chattel mortgage or other lien previously attachedto such vehicle; the amount of such damage may be recovered in any actionin any court of competent jurisdiction, in the name of the state, by themunicipality, county or other civil subdivision or interested party.
(RSMo 1939 § 8384, A. 1949 S.B. 1113, A.L. 1996 H.B. 1047)Prior revision: 1929 § 7776