Right-of-way at intersection--signs at intersections--violation,penalty--additional penalties--definitions--order of suspension,contents, appeal.
304.351. 1. The driver of a vehicle approaching an intersectionshall yield the right-of-way to a vehicle which has entered theintersection from a different highway, provided, however, there is no formof traffic control at such intersection.
2. When two vehicles enter an intersection from different highways atapproximately the same time, the driver of the vehicle on the left shallyield the right-of-way to the driver of the vehicle on the right. Thissubsection shall not apply to vehicles approaching each other from oppositedirections when the driver of one of such vehicles is attempting to or ismaking a left turn.
3. The driver of a vehicle within an intersection intending to turnto the left shall yield the right-of-way to any vehicle approaching fromthe opposite direction which is within the intersection or so close theretoas to constitute an immediate hazard.
4. (1) The state highways and transportation commission withreference to state highways and local authorities with reference to otherhighways under their jurisdiction may designate through highways and erectstop signs or yield signs at specified entrances thereto, or may designateany intersection as a stop intersection or as a yield intersection anderect stop signs or yield signs at one or more entrances to suchintersection.
(2) Preferential right-of-way at an intersection may be indicated bystop signs or yield signs as authorized in this section:
(a) Except when directed to proceed by a police officer ortraffic-control signal, every driver of a vehicle approaching a stopintersection, indicated by a stop sign, shall stop at a clearly marked stopline, but if none, before entering the crosswalk on the near side of theintersection, or if none, then at the point nearest the intersectingroadway where the driver has a view of approaching traffic in theintersecting roadway before entering the intersection. After havingstopped, the driver shall yield the right-of-way to any vehicle which hasentered the intersection from another highway or which is approaching soclosely on the highway as to constitute an immediate hazard during the timewhen such driver is moving across or within the intersection.
(b) The driver of a vehicle approaching a yield sign shall inobedience to the sign slow down to a speed reasonable to the existingconditions and, if required for safety to stop, shall stop at a clearlymarked stop line, but if none, then at the point nearest the intersectingroadway where the driver has a view of approaching traffic on theintersecting roadway. After slowing or stopping the driver shall yield theright-of-way to any vehicle in the intersection or approaching on anotherhighway so closely as to constitute an immediate hazard during the timesuch traffic is moving across or within the intersection.
5. The driver of a vehicle about to enter or cross a highway from analley, building or any private road or driveway shall yield theright-of-way to all vehicles approaching on the highway to be entered.
6. The driver of a vehicle intending to make a left turn into analley, private road or driveway shall yield the right-of-way to any vehicleapproaching from the opposite direction when the making of such left turnwould create a traffic hazard.
7. The state highways and transportation commission or localauthorities with respect to roads under their respective jurisdictions, onany section where construction or major maintenance operations are beingeffected, may fix a speed limit in such areas by posting of appropriatesigns, and the operation of a motor vehicle in excess of such speed limitin the area so posted shall be deemed prima facie evidence of careless andimprudent driving and a violation of section 304.010.
8. Notwithstanding the provisions of section 304.361, violation ofthis section shall be deemed a class C misdemeanor.
9. In addition to the penalty specified in subsection 8 of thissection, any person who pleads guilty to or is found guilty of a violationof this section in which the offender is found to have caused physicalinjury, there shall be assessed a penalty of up to two hundred dollars.The court may issue an order of suspension of such person's drivingprivilege for a period of thirty days.
10. In addition to the penalty specified in subsection 8 of thissection, any person who pleads guilty to or is found guilty of a violationof this section in which the offender is found to have caused seriousphysical injury, there shall be assessed a penalty of up to five hundreddollars. The court may issue an order of suspension of such person'sdriving privilege for a period of ninety days.
11. In addition to the penalty specified in subsection 8 of thissection, any person who pleads guilty to or is found guilty of a violationof this section in which the offender is found to have caused a fatality,there shall be assessed a penalty of up to one thousand dollars. The courtmay issue an order of suspension of such person's driving privilege for aperiod of six months.
12. As used in subsections 9 and 10 of this section, the terms"physical injury" and "serious physical injury" shall have the meaningsascribed to them in section 556.061, RSMo.
13. For any court-ordered suspension under subsection 9, 10, or 11 ofthis section, the director of the department shall impose such suspensionas set forth in the court order. The order of suspension shall include thename of the offender, the offender's driver's license number, SocialSecurity number, and the effective date of the suspension. Any appeal of asuspension imposed under subsection 9, 10, or 11 of this section shall be adirect appeal of the court order and subject to review by the presidingjudge of the circuit court or another judge within the circuit other thanthe judge who issued the original order to suspend the driver's license.The director of revenue's entry of the court-ordered suspension on thedriving record is not a decision subject to review under section 302.311,RSMo. Any suspension of the driver's license ordered by the court underthis section shall be in addition to any other suspension that may occur asa result of the conviction under other provisions of law.
(1968) Failure to yield the right-of-way is specifically denounced as an offense, but an information charging careless and imprudent driving by failure to yield the right-of-way at a place where required by statute to do so, includes the offense as descriptive of what happened and in what manner defendant drove imprudently. State v. Richards (A.), 429 S.W.2d 351.
(1972) Information charging that defendant "failed to yield the right-of-way to vehicle approaching intersection so closely as to constitute an immediate hazard" held insufficient as failing to inform defendant of offense of which he was charged. State v. Miles, 488 S.W.2d 219.
Right-of-way at intersection--signs at intersections--violation,penalty--additional penalties--definitions--order of suspension,contents, appeal.
304.351. 1. The driver of a vehicle approaching an intersectionshall yield the right-of-way to a vehicle which has entered theintersection from a different highway, provided, however, there is no formof traffic control at such intersection.
2. When two vehicles enter an intersection from different highways atapproximately the same time, the driver of the vehicle on the left shallyield the right-of-way to the driver of the vehicle on the right. Thissubsection shall not apply to vehicles approaching each other from oppositedirections when the driver of one of such vehicles is attempting to or ismaking a left turn.
3. The driver of a vehicle within an intersection intending to turnto the left shall yield the right-of-way to any vehicle approaching fromthe opposite direction which is within the intersection or so close theretoas to constitute an immediate hazard.
4. (1) The state highways and transportation commission withreference to state highways and local authorities with reference to otherhighways under their jurisdiction may designate through highways and erectstop signs or yield signs at specified entrances thereto, or may designateany intersection as a stop intersection or as a yield intersection anderect stop signs or yield signs at one or more entrances to suchintersection.
(2) Preferential right-of-way at an intersection may be indicated bystop signs or yield signs as authorized in this section:
(a) Except when directed to proceed by a police officer ortraffic-control signal, every driver of a vehicle approaching a stopintersection, indicated by a stop sign, shall stop at a clearly marked stopline, but if none, before entering the crosswalk on the near side of theintersection, or if none, then at the point nearest the intersectingroadway where the driver has a view of approaching traffic in theintersecting roadway before entering the intersection. After havingstopped, the driver shall yield the right-of-way to any vehicle which hasentered the intersection from another highway or which is approaching soclosely on the highway as to constitute an immediate hazard during the timewhen such driver is moving across or within the intersection.
(b) The driver of a vehicle approaching a yield sign shall inobedience to the sign slow down to a speed reasonable to the existingconditions and, if required for safety to stop, shall stop at a clearlymarked stop line, but if none, then at the point nearest the intersectingroadway where the driver has a view of approaching traffic on theintersecting roadway. After slowing or stopping the driver shall yield theright-of-way to any vehicle in the intersection or approaching on anotherhighway so closely as to constitute an immediate hazard during the timesuch traffic is moving across or within the intersection.
5. The driver of a vehicle about to enter or cross a highway from analley, building or any private road or driveway shall yield theright-of-way to all vehicles approaching on the highway to be entered.
6. The driver of a vehicle intending to make a left turn into analley, private road or driveway shall yield the right-of-way to any vehicleapproaching from the opposite direction when the making of such left turnwould create a traffic hazard.
7. The state highways and transportation commission or localauthorities with respect to roads under their respective jurisdictions, onany section where construction or major maintenance operations are beingeffected, may fix a speed limit in such areas by posting of appropriatesigns, and the operation of a motor vehicle in excess of such speed limitin the area so posted shall be deemed prima facie evidence of careless andimprudent driving and a violation of section 304.010.
8. Notwithstanding the provisions of section 304.361, violation ofthis section shall be deemed a class C misdemeanor.
9. In addition to the penalty specified in subsection 8 of thissection, any person who pleads guilty to or is found guilty of a violationof this section in which the offender is found to have caused physicalinjury, there shall be assessed a penalty of up to two hundred dollars.The court may issue an order of suspension of such person's drivingprivilege for a period of thirty days.
10. In addition to the penalty specified in subsection 8 of thissection, any person who pleads guilty to or is found guilty of a violationof this section in which the offender is found to have caused seriousphysical injury, there shall be assessed a penalty of up to five hundreddollars. The court may issue an order of suspension of such person'sdriving privilege for a period of ninety days.
11. In addition to the penalty specified in subsection 8 of thissection, any person who pleads guilty to or is found guilty of a violationof this section in which the offender is found to have caused a fatality,there shall be assessed a penalty of up to one thousand dollars. The courtmay issue an order of suspension of such person's driving privilege for aperiod of six months.
12. As used in subsections 9 and 10 of this section, the terms"physical injury" and "serious physical injury" shall have the meaningsascribed to them in section 556.061, RSMo.
13. For any court-ordered suspension under subsection 9, 10, or 11 ofthis section, the director of the department shall impose such suspensionas set forth in the court order. The order of suspension shall include thename of the offender, the offender's driver's license number, SocialSecurity number, and the effective date of the suspension. Any appeal of asuspension imposed under subsection 9, 10, or 11 of this section shall be adirect appeal of the court order and subject to review by the presidingjudge of the circuit court or another judge within the circuit other thanthe judge who issued the original order to suspend the driver's license.The director of revenue's entry of the court-ordered suspension on thedriving record is not a decision subject to review under section 302.311,RSMo. Any suspension of the driver's license ordered by the court underthis section shall be in addition to any other suspension that may occur asa result of the conviction under other provisions of law.
(1968) Failure to yield the right-of-way is specifically denounced as an offense, but an information charging careless and imprudent driving by failure to yield the right-of-way at a place where required by statute to do so, includes the offense as descriptive of what happened and in what manner defendant drove imprudently. State v. Richards (A.), 429 S.W.2d 351.
(1972) Information charging that defendant "failed to yield the right-of-way to vehicle approaching intersection so closely as to constitute an immediate hazard" held insufficient as failing to inform defendant of offense of which he was charged. State v. Miles, 488 S.W.2d 219.
Right-of-way at intersection--signs at intersections--violation,penalty--additional penalties--definitions--order of suspension,contents, appeal.
304.351. 1. The driver of a vehicle approaching an intersectionshall yield the right-of-way to a vehicle which has entered theintersection from a different highway, provided, however, there is no formof traffic control at such intersection.
2. When two vehicles enter an intersection from different highways atapproximately the same time, the driver of the vehicle on the left shallyield the right-of-way to the driver of the vehicle on the right. Thissubsection shall not apply to vehicles approaching each other from oppositedirections when the driver of one of such vehicles is attempting to or ismaking a left turn.
3. The driver of a vehicle within an intersection intending to turnto the left shall yield the right-of-way to any vehicle approaching fromthe opposite direction which is within the intersection or so close theretoas to constitute an immediate hazard.
4. (1) The state highways and transportation commission withreference to state highways and local authorities with reference to otherhighways under their jurisdiction may designate through highways and erectstop signs or yield signs at specified entrances thereto, or may designateany intersection as a stop intersection or as a yield intersection anderect stop signs or yield signs at one or more entrances to suchintersection.
(2) Preferential right-of-way at an intersection may be indicated bystop signs or yield signs as authorized in this section:
(a) Except when directed to proceed by a police officer ortraffic-control signal, every driver of a vehicle approaching a stopintersection, indicated by a stop sign, shall stop at a clearly marked stopline, but if none, before entering the crosswalk on the near side of theintersection, or if none, then at the point nearest the intersectingroadway where the driver has a view of approaching traffic in theintersecting roadway before entering the intersection. After havingstopped, the driver shall yield the right-of-way to any vehicle which hasentered the intersection from another highway or which is approaching soclosely on the highway as to constitute an immediate hazard during the timewhen such driver is moving across or within the intersection.
(b) The driver of a vehicle approaching a yield sign shall inobedience to the sign slow down to a speed reasonable to the existingconditions and, if required for safety to stop, shall stop at a clearlymarked stop line, but if none, then at the point nearest the intersectingroadway where the driver has a view of approaching traffic on theintersecting roadway. After slowing or stopping the driver shall yield theright-of-way to any vehicle in the intersection or approaching on anotherhighway so closely as to constitute an immediate hazard during the timesuch traffic is moving across or within the intersection.
5. The driver of a vehicle about to enter or cross a highway from analley, building or any private road or driveway shall yield theright-of-way to all vehicles approaching on the highway to be entered.
6. The driver of a vehicle intending to make a left turn into analley, private road or driveway shall yield the right-of-way to any vehicleapproaching from the opposite direction when the making of such left turnwould create a traffic hazard.
7. The state highways and transportation commission or localauthorities with respect to roads under their respective jurisdictions, onany section where construction or major maintenance operations are beingeffected, may fix a speed limit in such areas by posting of appropriatesigns, and the operation of a motor vehicle in excess of such speed limitin the area so posted shall be deemed prima facie evidence of careless andimprudent driving and a violation of section 304.010.
8. Notwithstanding the provisions of section 304.361, violation ofthis section shall be deemed a class C misdemeanor.
9. In addition to the penalty specified in subsection 8 of thissection, any person who pleads guilty to or is found guilty of a violationof this section in which the offender is found to have caused physicalinjury, there shall be assessed a penalty of up to two hundred dollars.The court may issue an order of suspension of such person's drivingprivilege for a period of thirty days.
10. In addition to the penalty specified in subsection 8 of thissection, any person who pleads guilty to or is found guilty of a violationof this section in which the offender is found to have caused seriousphysical injury, there shall be assessed a penalty of up to five hundreddollars. The court may issue an order of suspension of such person'sdriving privilege for a period of ninety days.
11. In addition to the penalty specified in subsection 8 of thissection, any person who pleads guilty to or is found guilty of a violationof this section in which the offender is found to have caused a fatality,there shall be assessed a penalty of up to one thousand dollars. The courtmay issue an order of suspension of such person's driving privilege for aperiod of six months.
12. As used in subsections 9 and 10 of this section, the terms"physical injury" and "serious physical injury" shall have the meaningsascribed to them in section 556.061, RSMo.
13. For any court-ordered suspension under subsection 9, 10, or 11 ofthis section, the director of the department shall impose such suspensionas set forth in the court order. The order of suspension shall include thename of the offender, the offender's driver's license number, SocialSecurity number, and the effective date of the suspension. Any appeal of asuspension imposed under subsection 9, 10, or 11 of this section shall be adirect appeal of the court order and subject to review by the presidingjudge of the circuit court or another judge within the circuit other thanthe judge who issued the original order to suspend the driver's license.The director of revenue's entry of the court-ordered suspension on thedriving record is not a decision subject to review under section 302.311,RSMo. Any suspension of the driver's license ordered by the court underthis section shall be in addition to any other suspension that may occur asa result of the conviction under other provisions of law.
(1968) Failure to yield the right-of-way is specifically denounced as an offense, but an information charging careless and imprudent driving by failure to yield the right-of-way at a place where required by statute to do so, includes the offense as descriptive of what happened and in what manner defendant drove imprudently. State v. Richards (A.), 429 S.W.2d 351.
(1972) Information charging that defendant "failed to yield the right-of-way to vehicle approaching intersection so closely as to constitute an immediate hazard" held insufficient as failing to inform defendant of offense of which he was charged. State v. Miles, 488 S.W.2d 219.
