Section: 304.0013 All-terrain vehicles, prohibited on highways, rivers or streams of this state, exceptions, operational requirements--special permits--prohibited uses--penalty. RSMO 304.013


Published: 2015

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Missouri Revised Statutes













Chapter 304

Traffic Regulations

←304.012

Section 304.013.1

304.014→

August 28, 2015

All-terrain vehicles, prohibited on highways, rivers or streams of this state, exceptions, operational requirements--special permits--prohibited uses--penalty.

304.013. 1. No person shall operate an all-terrain vehicle, as

defined in section 301.010, upon the highways of this state, except as

follows:



(1) All-terrain vehicles owned and operated by a governmental entity

for official use;



(2) All-terrain vehicles operated for agricultural purposes or

industrial on-premises purposes between the official sunrise and sunset on

the day of operation;



(3) All-terrain vehicles operated by handicapped persons for short

distances occasionally only on the state's secondary roads when operated

between the hours of sunrise and sunset;



(4) Governing bodies of cities may issue special permits to licensed

drivers for special uses of all-terrain vehicles on highways within the

city limits. Fees of fifteen dollars may be collected and retained by

cities for such permits;



(5) Governing bodies of counties may issue special permits to

licensed drivers for special uses of all-terrain vehicles on county roads

within the county. Fees of fifteen dollars may be collected and retained

by the counties for such permits;



(6) Municipalities may by resolution or ordinance allow all-terrain

vehicle operation on streets or highways under the governing body's

jurisdiction. Any person operating an all-terrain vehicle pursuant to a

municipal resolution or ordinance shall maintain proof of financial

responsibility in accordance with section 303.160 or maintain any other

insurance policy providing equivalent liability coverage for an all-terrain

vehicle.



2. No person shall operate an off-road vehicle within any stream or

river in this state, except that off-road vehicles may be operated within

waterways which flow within the boundaries of land which an off-road

vehicle operator owns, or for agricultural purposes within the boundaries

of land which an off-road vehicle operator owns or has permission to be

upon, or for the purpose of fording such stream or river of this state at

such road crossings as are customary or part of the highway system. All

law enforcement officials or peace officers of this state and its political

subdivisions or department of conservation agents or department of natural

resources park rangers shall enforce the provisions of this subsection

within the geographic area of their jurisdiction.



3. A person operating an all-terrain vehicle on a highway pursuant to

an exception covered in this section shall have a valid operator's or

chauffeur's license, except that a handicapped person operating such

vehicle pursuant to subdivision (3) of subsection 1 of this section, but

shall not be required to have passed an examination for the operation of a

motorcycle, and the vehicle shall be operated at speeds of less than thirty

miles per hour. When operated on a highway, an all-terrain vehicle shall

have a bicycle safety flag, which extends not less than seven feet above

the ground, attached to the rear of the vehicle. The bicycle safety flag

shall be triangular in shape with an area of not less than thirty square

inches 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 of

another;



(2) While under the influence of alcohol or any controlled substance;



(3) Without a securely fastened safety helmet on the head of an

individual who operates an all-terrain vehicle or who is being towed or

otherwise propelled by an all-terrain vehicle, unless the individual is at

least 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 shall

not apply to any all-terrain vehicle in which the seat of such vehicle is

designed to carry more than one person.



6. A violation of this section shall be a class C misdemeanor. In

addition to other legal remedies, the attorney general or county

prosecuting attorney may institute a civil action in a court of competent

jurisdiction for injunctive relief to prevent such violation or future

violations and for the assessment of a civil penalty not to exceed one

thousand 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., A.L. 2013 H.B. 103)





2004

1997



2004



304.013. 1. No person shall operate an all-terrain vehicle, as defined

in section 301.010, upon the highways of this state, except as follows:



(1) All-terrain vehicles owned and operated by a governmental entity for

official use;



(2) All-terrain vehicles operated for agricultural purposes or

industrial on-premises purposes between the official sunrise and sunset on

the day of operation;



(3) All-terrain vehicles operated by handicapped persons for short

distances occasionally only on the state's secondary roads when operated

between the hours of sunrise and sunset;



(4) Governing bodies of cities may issue special permits to licensed

drivers for special uses of all-terrain vehicles on highways within the city

limits. Fees of fifteen dollars may be collected and retained by cities for

such permits;



(5) Governing bodies of counties may issue special permits to licensed

drivers for special uses of all-terrain vehicles on county roads within the

county. Fees of fifteen dollars may be collected and retained by the

counties for such permits.



2. No person shall operate an off-road vehicle within any stream or river

in this state, except that off-road vehicles may be operated within waterways

which flow within the boundaries of land which an off-road vehicle operator

owns, or for agricultural purposes within the boundaries of land which an

off-road vehicle operator owns or has permission to be upon, or for the

purpose of fording such stream or river of this state at such road crossings

as are customary or part of the highway system. All law enforcement officials

or peace officers of this state and its political subdivisions or department

of conservation agents or department of natural resources park rangers shall

enforce the provisions of this subsection within the geographic area of their

jurisdiction.



3. A person operating an all-terrain vehicle on a highway pursuant to an

exception covered in this section shall have a valid operator's or

chauffeur's license, except that a handicapped person operating such vehicle

pursuant to subdivision (3) of subsection 1 of this section, but shall not be

required to have passed an examination for the operation of a motorcycle, and

the vehicle shall be operated at speeds of less than thirty miles per hour.

When operated on a highway, an all-terrain vehicle shall have a bicycle safety

flag, which extends not less than seven feet above the ground, attached to

the rear of the vehicle. The bicycle safety flag shall be triangular in

shape with an area of not less than thirty square inches 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 of

another;



(2) While under the influence of alcohol or any controlled substance;



(3) Without a securely fastened safety helmet on the head of an

individual who operates an all-terrain vehicle or who is being towed or

otherwise propelled by an all-terrain vehicle, unless the individual is at

least 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 shall not apply

to any all-terrain vehicle in which the seat of such vehicle is designed to

carry more than one person.



6. A violation of this section shall be a class C misdemeanor. In

addition to other legal remedies, the attorney general or county prosecuting

attorney may institute a civil action in a court of competent jurisdiction for

injunctive relief to prevent such violation or future violations and for the

assessment of a civil penalty not to exceed one thousand dollars per day of

violation.



1997



304.013. 1. No person shall operate an all-terrain vehicle, as defined

in section 301.010, RSMo, upon the highways of this state, except as follows:



(1) All-terrain vehicles owned and operated by a governmental entity for

official use;



(2) All-terrain vehicles operated for agricultural purposes or

industrial on-premises purposes between the official sunrise and sunset on the

day of operation;



(3) All-terrain vehicles operated by handicapped persons for short

distances occasionally only on the state's secondary roads when operated

between the hours of sunrise and sunset;



(4) Governing bodies of cities may issue special permits to licensed

drivers for special uses of all-terrain vehicles on highways within the city

limits. Fees of fifteen dollars may be collected and retained by cities for

such permits;



(5) Governing bodies of counties may issue special permits to licensed

drivers for special uses of all-terrain vehicles on county roads within the

county. Fees of fifteen dollars may be collected and retained by the counties

for such permits.



2. No person shall operate an off-road vehicle within any stream or

river in this state, except that off-road vehicles may be operated within

waterways which flow within the boundaries of land which an off-road vehicle

operator owns, or for agricultural purposes within the boundaries of land

which an off-road vehicle operator owns or has permission to be upon, or for

the purpose of fording such stream or river of this state at such road

crossings as are customary or part of the highway system. All law enforcement

officials or peace officers of this state and its political subdivisions or

department of conservation agents or department of natural resources park

rangers shall enforce the provisions of this subsection within the geographic

area of their jurisdiction.



3. A person operating an all-terrain vehicle on a highway pursuant to an

exception covered in this section shall have a valid operator's or chauffeur's

license, except that a handicapped person operating such vehicle pursuant to

subdivision (3) of subsection 1 of this section, but shall not be required to

have passed an examination for the operation of a motorcycle, and the vehicle

shall be operated at speeds of less than thirty miles per hour. When operated

on a highway, an all-terrain vehicle shall have a bicycle safety flag, which

extends not less than seven feet above the ground, attached to the rear of the

vehicle. The bicycle safety flag shall be triangular in shape with an area of

not less than thirty square inches 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 of

another;



(2) While under the influence of alcohol or any controlled substance;



(3) Without a securely fastened safety helmet on the head of an

individual who operates an all-terrain vehicle or who is being towed or

otherwise propelled by an all-terrain vehicle, unless the individual is at

least eighteen years of age.



5. No operator of an all-terrain vehicle shall carry a passenger, except

for agricultural purposes.



6. A violation of this section shall be a class C misdemeanor. In

addition to other legal remedies, the attorney general or county prosecuting

attorney may institute a civil action in a court of competent jurisdiction for

injunctive relief to prevent such violation or future violations and for the

assessment of a civil penalty not to exceed one thousand dollars per day of

violation.



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