§ 15-137. Seat safety belts standard equipment; exception; penalty.

(a)

No four-wheeled passenger motor vehicle other than motorbuses manufactured or assembled after June 30, 1964, and designated as a 1965 or later year model, shall be sold or registered in this city unless it is equipped with at least two sets of seat safety belts for the front seat of the motor vehicle. The state highway patrol shall maintain a list of seat safety belts which meet SAE J-4 or higher standards and shall furnish a copy of the list to the state director of revenue and keep the director informed as to any changes or additions to the list. A violation of this subsection shall be a misdemeanor and be punished as provided by law.

(b)

Each driver, front seat passenger, and persons less than 18 years of age operating or riding in a motor vehicle, excluding trucks with licensed gross weights of 12,000 lbs. or more, and people under 18 years of age operating or riding in a truck, regardless of licensed gross weight, shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements; providing, however, that persons employed by the United States Postal Service, while performing duties for that federal agency, which require the operators to service postal boxes from their vehicles and/or vehicles being used for agricultural activities shall not be subject to this subsection. Each driver transporting children between the ages of four and 15 years are to secure the child in a properly adjusted and fastened seat belt. The driver and passengers are not in violation of this section if there are more persons than there are seatbelts in the enclosed area of the motor vehicle. The provisions of this subsection shall not be applicable to a person who has a medical reason for failing to leave a seat belt fastened about their body.

(c)

Each driver who violates provisions of subsection (b) of this section shall be guilty of an infraction for which a fine not to exceed $10.00, may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs may be imposed if court costs have been assessed on any other charge arising out of the same occurrence.

(d)

(1)

No person shall operate any truck, as defined in RSMo 301.010, with a licensed gross weight of less than 12,000 pounds on any highway which is part of the state or federal highway system or when such truck is operated within the corporate limits of the city when any person under 18 years of age is riding in the unenclosed bed of such truck. No person under 18 years of age shall ride in the unenclosed bed of such truck when the truck is in operation. Any person who operates a truck with a licensed gross weight of less than 12,000 pounds in violation of this subsection is guilty of a class C misdemeanor.

(2)

The provisions of this subsection shall only apply when a truck described in paragraph (1) of subsection (d) is operated on a highway which is part of the state or federal highway system and/or when such truck is operated within the corporate limits of the City of Ballwin. The provisions of this subsection shall not apply to:

a.

An employee engaged in the necessary discharge of the employee's duties where it is necessary to ride in the unenclosed bed of the truck;

b.

Any person while engaged in the agricultural activities where it is necessary to ride in the unenclosed bed of the truck;

c.

Any person riding in the unenclosed bed of a truck while such truck is being operated in a parade, caravan or exhibition which is authorized by law;

d.

Any person riding in the unenclosed bed of a truck has installed a means of preventing such person from being discharged or such person is secured to the truck in a manner which will prevent the person from being thrown, falling or jumping from the truck;

e.

Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of participating in a special event and it is necessary that the person ride in such unenclosed bed due to a lack of available seating. "Special event," for the purposes of this subsection, is a specific social activity of a definable duration which is participated in by the person riding in the unenclosed bed;

f.

Any person riding in the unenclosed bed of a truck if such truck is being operated solely for the purposes of providing assistance to, or ensuring the safety of, other persons engaged in a recreational activity; or

g.

Any person riding in the unenclosed bed of a truck if such truck is the only legally titled, licensed and insured vehicle owned by the family of the person riding in the unenclosed bed and there is insufficient room in the passenger cab of the truck to accommodate all passengers in such truck. For the purposes of this subdivision the term "family" shall mean any person related within the first degree of consanguinity.

(Code 1973, § 14-126; Ord. No. 2638, § 1, 10-13-97; Ord. No. 2648, § 1, 11-10-97; Ord. No. 08-09, § 1, 4-28-08)

State law reference

Seat safety belts, RSMo 307.165.