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
Fines for moving violations--fines for violations in work orconstruction zones--signs required for assessing fines--penaltyfor passing in work or construction zones--not applicable tocourt costs.
304.582. 1. Upon the first conviction or plea of guilty by anyperson for a moving violation as defined in section 302.010, RSMo, or anyoffense listed in section 302.302, RSMo, the court shall assess a fine ofthirty-five dollars in addition to any other fine authorized to be imposedby law, if the offense occurred within a construction zone or a work zone.Upon a second or subsequent such conviction or plea of guilty, the courtshall assess a fine of seventy-five dollars in addition to any other fineauthorized to be imposed by law.
2. Upon the first conviction or plea of guilty by any person for aspeeding violation under either section 304.009 or 304.010, or a passingviolation under subsection 4 of this section, the court shall assess a fineof two hundred fifty dollars in addition to any other fine authorized bylaw if the offense occurred within a construction zone or a work zone andat the time the speeding or passing violation occurred there was anyhighway worker in such zone. Upon a second or subsequent such convictionor plea of guilty, the court shall assess a fine of three hundred dollarsin addition to any other fine authorized by law. However, no personassessed an additional fine under this subsection shall also be assessed anadditional fine under subsection 1 of this section, and no person shall beassessed an additional fine under this subsection if no signs have beenposted under subsection 3 of this section.
3. The penalty authorized by subsection 2 of this section shall onlybe assessed by the court if the department of transportation or acontractor or subcontractor performing work for the department oftransportation has erected signs upon or around a construction zone or workzone which are clearly visible from the highway and which statesubstantially the following message: "Warning: Minimum $250 fine forspeeding or passing in this work zone when workers are present.".
4. The driver of a motor vehicle may not overtake or pass anothermotor vehicle within a work zone or construction zone as provided in thissubsection. Violation of this subsection is a class C misdemeanor.
(1) This subsection applies to a construction zone or work zonelocated upon a highway divided into two or more marked lanes for trafficmoving in the same direction and for which motor vehicles are instructed tomerge from one lane into another lane and not pass by appropriate signs ortraffic control devices erected by the department of transportation or acontractor or subcontractor performing work for the department oftransportation.
(2) This subsection also prohibits the operator of a motor vehiclefrom passing or attempting to pass another motor vehicle in a work zone orconstruction zone located upon a two-lane highway when highway workers orequipment are working and when appropriate signs or traffic control deviceshave been erected by the department of transportation or a contractor orsubcontractor performing work for the department of transportation.
5. The additional fines imposed by this section shall not beconstrued to enhance the assessment of court costs or the assessment ofpoints under section 302.302, RSMo.
(L. 2006 S.B. 872, et al.)