Operation of motor vehicle without proper license prohibited, penalty
In Missouri, a person cannot drive on public roads without a valid driver's license. To ride a motorcycle or motortricycle, a person also needs to pass a special motorcycle exam. People under 26 must wear a helmet while on a motorcycle or motortricycle that is moving; people 26 or older only need a helmet if they have an instruction permit. Driving without a license can lead to fines or even a felony charge for repeat offenders. Not wearing a required helmet results in a small fine of up to $25, and no license points are added for that.
Classifications stated in the statute. Actual outcomes vary.
302.020. Operation of motor vehicle without proper prohibited, — motorcycles — special license — protective headgear, failure to wear, fine, amount — no to be assessed. — 1. Unless otherwise provided for by law, it shall be for any person, except those expressly exempted by section 302.080, to:
(1) Operate any vehicle upon any in this state unless the person has a valid license;
(2) Operate a motorcycle or upon any highway of this state unless such person has a valid license that shows the person has successfully passed an examination for the operation of a motorcycle or motortricycle as prescribed by the . The director may indicate such upon a valid license d to such person, or shall issue a license restricting the to the operation of a motorcycle or motortricycle if the actual demonstration, required by section 302.173, is conducted on such vehicle;
(3) Authorize or a motorcycle or motortricycle owned by such person or under such person's control to be driven upon any highway by any person whose license does not indicate that the person has passed the examination for the operation of a motorcycle or motortricycle or has been issued an therefor;
(4) Operate a motor vehicle with an instruction permit or license issued to another person.
2. Every person under twenty-six years of age who is operating or riding as a passenger on any motorcycle or motortricycle, as defined in section 301.010, upon any highway of this state shall wear protective headgear at all times the vehicle is in ; except that, any person twenty-six years of age or older operating any motorcycle or motortricycle who has been issued an instruction permit shall wear protective headgear at all times the vehicle is in motion. The protective headgear shall meet reasonable standards and established by the director. No of this state shall impose a protective headgear requirement on the or passenger of a motorcycle or motortricycle. No person shall be stopped, inspected, or solely to determine with this .
3. the of section 302.340 any person of violating (1) or (2) of subsection 1 of this section is guilty of a . A first violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable as a . A second violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable as a . Any person convicted a third or subsequent time of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a . Notwithstanding the provisions of section 302.340, violation of (3) and (4) of subsection 1 of this section is a misdemeanor, the first violation punishable as a class D misdemeanor, a second or of this section punishable as a , and the penalty for failure to wear protective headgear as required by subsection 2 of this section is an for which a fine not to exceed twenty-five dollars may be imposed. Notwithstanding all other provisions of law and court rules to the contrary, no shall be imposed upon any person due to such violation. No points shall be assessed section 302.302 for a failure to wear such protective headgear. Prior pleas of guilty and prior findings of guilty shall be in the same manner as required by section 558.021.
(RSMo 1939 § 8444, A.L. 1951 p. 678, A.L. 1967 p. 409, A.L. 1984 H.B. 1045, A.L. 1988 H.B. 990, A.L. 1989 1st Ex. Sess. H.B. 3, A.L. 1995 H.B. 717, A.L. 1996 H.B. 1047, A.L. 1999 S.B. 19, A.L. 2011 H.B. 111, A.L. 2014 S.B. 491, A.L. 2020 H.B. 1963)
(1969) This section is within the police power of the state and is not . State v. Darrah (Mo.), 446 S.W.2d 745.
(1970) This section merely leaves details of implementation to and is not an unconstitutional delegation of legislative powers and does not motorcyclists of . State v. Cushmen (Mo.), 451 S.W.2d 17.
(1970) This section does not violate the fourteenth amendment to the U.S. Constitution. State v. Elliott (A.), 459 S.W.2d 526.
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.