307.170. Other equipment of motor vehicles--violations, penalty.
Other equipment of motor vehicles--violations, penalty.
307.170. 1. Signaling devices: Every motor vehicle shall beequipped with a horn, directed forward, or whistle in good working order,capable of emitting a sound adequate in quantity and volume to give warningof the approach of such vehicle to other users of the highway and topedestrians. Such signaling device shall be used for warning purposes onlyand shall not be used for making any unnecessary noise, and no othersound-producing signaling device shall be used at any time.
2. Muffler cutouts: Muffler cutouts shall not be used and no vehicleshall be driven in such manner or condition that excessive and unnecessarynoises shall be made by its machinery, motor, signaling device, or otherparts, or by any improperly loaded cargo. The motors of all motor vehiclesshall be fitted with properly attached mufflers of such capacity orconstruction as to quiet the maximum possible exhaust noise as completelyas is done in modern gas engine passenger motor vehicles. Any cutout oropening in the exhaust pipe between the motor and the muffler on any motorvehicle shall be completely closed and disconnected from its operatinglever, and shall be so arranged that it cannot automatically open, or beopened or operated while such vehicle is in motion.
3. Brakes: All motor vehicles, except motorcycles, shall be providedat all times with two sets of adequate brakes, kept in good working order,and motorcycles shall be provided with one set of adequate brakes kept ingood working order.
4. Mirrors: All motor vehicles which are so constructed or loadedthat the operator cannot see the road behind such vehicle by looking backor around the side of such vehicle shall be equipped with a mirror soadjusted as to reveal the road behind and be visible from the operator'sseat.
5. Projections on vehicles: All vehicles carrying poles or otherobjects, which project more than five feet from the rear of such vehicle,shall, during the period when lights are required by this chapter, carry ared light at or near the rear end of the pole or other object soprojecting. At other times a red flag or cloth, not less than sixteeninches square, shall be displayed at the end of such projection.
6. Towlines: When one vehicle is towing another, the connectingdevice shall not exceed fifteen feet. During the time that lights arerequired by sections 307.020 to 307.120, the required lights shall bedisplayed by both vehicles. Every towed vehicle shall be coupled to thetowing vehicle by means of a safety chain, cable, or equivalent device inaddition to the primary coupling device, except that such secondarycoupling device shall not be necessary if the connecting device isconnected to the towing vehicle by a center-locking ball located over ornearly over the rear axle and not supported by the rear bumper of thetowing vehicle. Such secondary safety connecting devices shall be ofsufficient strength to control the towed vehicle in the event of failure ofthe primary coupling device. The provisions of this subsection shall notapply to wreckers towing vehicles or to vehicles secured to the towingvehicle by a fifth-wheel type connection.
7. The provisions of subsection 6 of this section shall not apply tofarm implements, or to any vehicle which is not required to be registered.
8. Commercial motor vehicles and trailers: When being operated onany highway of this state shall be equipped with adequate and properbrakes, lighting equipment, signaling devices, steering mechanisms, horns,mirrors, windshield wipers, tires, wheels, exhaust system, glazing, airpollution control devices, fuel tank, and any other safety equipmentrequired by the state in such condition so as to obtain a certificate ofinspection and approval as required by the provisions of section 307.360.
9. Devices attached to or towed by motor vehicles for the purpose oftransporting hay shall have the protruding parts raised or retracted whennot in use to a position which will not cause injury or damage to personsor property in the vicinity of such device when on the highways of thisstate.
10. Violation of this section shall be deemed an infraction.
(RSMo 1939 § 8387, A.L. 1983 H.B. 539, A.L. 1991 S.B. 292, A.L. 1996 H.B. 1047)Prior revisions: 1929 § 7779; 1919 §§ 7583, 7584; 1909 § 8515
*Transferred 1969; formerly 304.560
CROSS REFERENCE:
For penalty for violation of this section, RSMo 304.570
(1951) Common carrier who leased truck and engaged independent contractor to operate same would be liable for negligence in failing to maintain brakes on such truck as required by this section. Virgil v. Riss & Co. (A.), 241 S.W.2d 96.
(1956) Where evidence was sufficient to justify finding that defendant's automobile was not equipped with two sets of brakes as required, defendant could offer proof of legal excuse such as that occurrence without his fault made compliance impossible. Wilson v. Shumate (Mo.), 296 S.W.2d 72.
(1958) Where owner employed mechanic to check brakes on truck and told him of defective foot brakes, and mechanic was injured driving the truck, the owner's failure to maintain two sets of brakes was "excusable" or "justifiable". Rice v. Allen (Mo.), 309 S.W.2d 629.
(1958) Instruction to the effect that under the evidence the defendants were guilty of negligence as matter of law in failing to equip and maintain two sets of adequate brakes and that if jury found that plaintiff's injuries and damages were direct and proximate result of collision then verdict should be for plaintiff was error as whether brakes were adequate and whether violation of statute was proximate cause of collision were questions of fact for the jury. Beezley v. Spiva (Mo.), 313 S.W.2d 691.
(1960) Where the record failed to show that the person operating vehicle did not have sufficient time and sufficient distance between it and the car with which it collided to have used properly working brakes to any saving advantage, the proof of the fact that the car had inadequate brakes was held not sufficient to create negligence per se in damage suit. O'Neill v. Claypool (Mo.), 341 S.W.2d 129.
(1960) Owner or operator of a motor vehicle, who has satisfied a legal obligation to a third person injured as the result of defective brakes in the vehicle, held entitled to recover indemnity from the person responsible for furnishing the defective vehicle. Allied Mutual Casualty Corp. v. General Motors Corp., 279 F.2d 455.
(1973) Held that the operator of a vehicle must bear responsibility for its defective brakes. Baker v. Ford Motor Co. (Mo.), 501 S.W.2d 11.