307.178. Seat belts required for passenger cars--passenger cars defined--exceptions--failure to comply, effect on evidence and damages--penalty--passengers in car exceeding number of seat belts not vi

MISSOURI STATUTES AND CODES

307.178. Seat belts required for passenger cars--passenger cars defined--exceptions--failure to comply, effect on evidence and damages--penalty--passengers in car exceeding number of seat belts not vi

Seat belts required for passenger cars--passenger carsdefined--exceptions--failure to comply, effect on evidence anddamages--penalty--passengers in car exceeding number of seatbelts not violation for failure to use.

307.178. 1. As used in this section, the term "passenger car" meansevery motor vehicle designed for carrying ten persons or less and used forthe transportation of persons; except that, the term "passenger car" shallnot include motorcycles, motorized bicycles, motor tricycles, and truckswith a licensed gross weight of twelve thousand pounds or more.

2. Each driver, except persons employed by the United States PostalService while performing duties for that federal agency which require theoperator to service postal boxes from their vehicles, or which requirefrequent entry into and exit from their vehicles, and front seat passengerof a passenger car manufactured after January 1, 1968, operated on a streetor highway in this state, and persons less than eighteen years of ageoperating or riding in a truck, as defined in section 301.010, RSMo, on astreet or highway of this state shall wear a properly adjusted and fastenedsafety belt that meets federal National Highway, Transportation and SafetyAct requirements. No person shall be stopped, inspected, or detainedsolely to determine compliance with this subsection. The provisions ofthis section and section 307.179 shall not be applicable to persons whohave a medical reason for failing to have a seat belt fastened about theirbody, nor shall the provisions of this section be applicable to personswhile operating or riding a motor vehicle being used in agriculturalwork-related activities. Noncompliance with this subsection shall notconstitute probable cause for violation of any other provision of law. Theprovisions of this subsection shall not apply to the transporting ofchildren under sixteen years of age, as provided in section 307.179.

3. Each driver of a motor vehicle transporting a child less thansixteen years of age shall secure the child in a properly adjusted andfastened restraint under section 307.179.

4. In any action to recover damages arising out of the ownership,common maintenance or operation of a motor vehicle, failure to wear asafety belt in violation of this section shall not be considered evidenceof comparative negligence. Failure to wear a safety belt in violation ofthis section may be admitted to mitigate damages, but only under thefollowing circumstances:

(1) Parties seeking to introduce evidence of the failure to wear asafety belt in violation of this section must first introduce expertevidence proving that a failure to wear a safety belt contributed to theinjuries claimed by plaintiff;

(2) If the evidence supports such a finding, the trier of fact mayfind that the plaintiff's failure to wear a safety belt in violation ofthis section contributed to the plaintiff's claimed injuries, and mayreduce the amount of the plaintiff's recovery by an amount not to exceedone percent of the damages awarded after any reductions for comparativenegligence.

5. Except as otherwise provided for in section 307.179, each personwho violates the provisions of subsection 2 of this section is guilty of aninfraction for which a fine not to exceed ten dollars may be imposed. Allother provisions of law and court rules to the contrary notwithstanding, nocourt costs shall be imposed on any person due to a violation of thissection. In no case shall points be assessed against any person, pursuantto section 302.302, RSMo, for a violation of this section.

6. The state highways and transportation commission shall initiateand develop a program of public information to develop understanding of,and ensure compliance with, the provisions of this section. The commissionshall evaluate the effectiveness of this section and shall include a reportof its findings in the annual evaluation report on its highway safety planthat it submits to NHTSA and FHWA pursuant to 23 U.S.C. 402.

7. If there are more persons than there are seat belts in theenclosed area of a motor vehicle, then the passengers who are unable towear seat belts shall sit in the area behind the front seat of the motorvehicle unless the motor vehicle is designed only for a front-seated area.The passenger or passengers occupying a seat location referred to in thissubsection is not in violation of this section. This subsection shall notapply to passengers who are accompanying a driver of a motor vehicle who islicensed under section 302.178, RSMo.