2005 Missouri Revised Statutes - § 303.025. — Duty to maintain financial responsibility, misdemeanor penalty for failure to maintain--exception, methods--court to notify department of revenue, additional punishment, right of appeal.

303.025. 1. No owner of a motor vehicle registered in this state, or required to be registered in this state, shall operate, register or maintain registration of a motor vehicle, or permit another person to operate such vehicle, unless the owner maintains the financial responsibility which conforms to the requirements of the laws of this state. Furthermore, no person shall operate a motor vehicle owned by another with the knowledge that the owner has not maintained financial responsibility unless such person has financial responsibility which covers the person's operation of the other's vehicle; however, no owner shall be in violation of this subsection if he or she fails to maintain financial responsibility on a motor vehicle which is inoperable or being stored and not in operation. The director may prescribe rules and regulations for the implementation of this section.

2. A motor vehicle owner shall maintain the owner's financial responsibility in a manner provided for in section 303.160, or with a motor vehicle liability policy which conforms to the requirements of the laws of this state.

3. Any person who violates this section is guilty of a class C misdemeanor. However, no person shall be found guilty of violating this section if the operator demonstrates to the court that he or she met the financial responsibility requirements of this section at the time the peace officer, commercial vehicle enforcement officer or commercial vehicle inspector wrote the citation. In addition to any other authorized punishment, the court shall notify the director of revenue of any person convicted pursuant to this section and shall do one of the following:

(1) Enter an order suspending the driving privilege as of the date of the court order. If the court orders the suspension of the driving privilege, the court shall require the defendant to surrender to it any driver's license then held by such person. The length of the suspension shall be as prescribed in subsection 2 of section 303.042. The court shall forward to the director of revenue the order of suspension of driving privilege and any license surrendered within ten days;

(2) Forward the record of the conviction for an assessment of four points; or

(3) In lieu of an assessment of points, render an order of supervision as provided in section 302.303, RSMo. An order of supervision shall not be used in lieu of points more than one time in any thirty-six-month period. Every court having jurisdiction pursuant to the provisions of this section shall forward a record of conviction to the Missouri state highway patrol, or at the written direction of the Missouri state highway patrol, to the department of revenue, in a manner approved by the director of the department of public safety. The director shall establish procedures for the record keeping and administration of this section.

4. Nothing in sections 303.010 to 303.050, 303.060, 303.140, 303.220, 303.290, 303.330 and 303.370 shall be construed as prohibiting the department of insurance from approving or authorizing those exclusions and limitations which are contained in automobile liability insurance policies and the uninsured motorist provisions of automobile liability insurance policies.

5. If a court enters an order of suspension, the offender may appeal such order directly pursuant to chapter 512, RSMo, and the provisions of section 302.311, RSMo, shall not apply.

(L. 1986 S.B. 424, A.L. 1997 H.B. 207, A.L. 1999 S.B. 19, A.L. 2000 H.B. 1797 merged with H.B. 1948, A.L. 2001 S.B. 267)

(1993) Where parents' son, while operating motorcycle, was killed in collision with motor vehicle and parents of motor vehicle operator had obtained liability insurance on vehicle in son's name but failed to insure parents' ownership interest in motor vehicle, parents of motorcyclist could bring action under uninsured motorist protection of insurance policy on motorcycle. Although section does not require person to insure an ownership interest in motor vehicle from negligent entrustment claim, person's failure to do so places claim for negligent entrustment within victim's uninsured motorist protection. Whitehead v. Weir, 862 S.W.2d 507 (Mo. App. W.D.).

(2002) No causal relationship exists between failure to purchase insurance and act of negligent operation of a vehicle, therefore failure to obey Motor Vehicle Financial Responsibility Law cannot serve as basis for claim of active negligence. Lecave v. Hardy, 73 S.W.3d 637 (Mo.App. E.D.).