Missouri Revised Statutes

Mo. Rev. Stat. § 302.020 (2026)

Operation of motor vehicle without proper license prohibited, penalty

✓ current as of May 2026

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302.020. Operation of motor vehicle without proper license prohibited, penalty — motorcycles — special license — protective headgear, failure to wear, fine, amount — no points to be assessed. — 1. Unless otherwise provided for by law, it shall be unlawful for any person, except those expressly exempted by section 302.080, to:

(1) Operate any vehicle upon any highway in this state unless the person has a valid license;

(2) Operate a motorcycle or motortricycle 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 director. The director may indicate such upon a valid license issued to such person, or shall issue a license restricting the applicant 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 knowingly permit 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 instruction permit 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 motion; 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 specifications established by the director. No political subdivision of this state shall impose a protective headgear requirement on the operator or passenger of a motorcycle or motortricycle. No person shall be stopped, inspected, or detained solely to determine compliance with this subsection.

3. Notwithstanding the provisions of section 302.340 any person convicted of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a misdemeanor. A first violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable as a class D misdemeanor. A second violation of subdivision (1) or (2) of subsection 1 of this section shall be punishable as a class A misdemeanor. Any person convicted a third or subsequent time of violating subdivision (1) or (2) of subsection 1 of this section is guilty of a class E felony. Notwithstanding the provisions of section 302.340, violation of subdivisions (3) and (4) of subsection 1 of this section is a misdemeanor, the first violation punishable as a class D misdemeanor, a second or subsequent violation of this section punishable as a class C misdemeanor, and the penalty for failure to wear protective headgear as required by subsection 2 of this section is an infraction 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 court costs shall be imposed upon any person due to such violation. No points shall be assessed pursuant to section 302.302 for a failure to wear such protective headgear. Prior pleas of guilty and prior findings of guilty shall be pleaded and proven in the same manner as required by section 558.021.

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(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 unconstitutional. State v. Darrah (Mo.), 446 S.W.2d 745.

(1970) This section merely leaves details of implementation to director of revenue and is not an unconstitutional delegation of legislative powers and does not deprive motorcyclists of due process. 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.

Notes of Decisions

Cited in 46 cases (1 in the last 5 years), 1960–2025 · leading case: State v. Miller, 172 S.W.3d 838 (Mo. Ct. App. 2005).

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State v. Miller, 172 S.W.3d 838 (Mo. Ct. App. 2005). · cites it 10× “It also noted, however, that failure to produce a license upon lawful demand would give the officer probable cause to arrest a driver for a violation of Section 302.020, RSMo (1969). Id. at 869 .”

State v. Joos, 218 S.W.3d 543 (Mo. Ct. App. 2007). · cites it 10× “A jury convicted Robert Joos (“Defendant”) of the class D felonies of operating a motor vehicle without a proper license, in violation of Section 302.020, 1 and resisting arrest by fleeing, in violation of Section 575.”

State v. Rowe, 63 S.W.3d 647 (Mo. 2002). · cites it 2× “Rowe apparently concedes that he had no privilege to drive on Missouri roads and that he violated section 302.020, a misdemeanor offense of driving without a valid license.”

State v. Campbell, 564 S.W.2d 867 (Mo. 1978). · cites it 7× “” Section 302.020, RSMo 1969, provides: “(1) It shall be unlawful for any person .”

State v. Cushman, 451 S.W.2d 17 (Mo. 1970). · cites it 8× “This is an appeal by William Bradford Cushman from the judgment of the circuit court affirming a judgment of conviction in the magistrate court and a sentence to pay a $5 fine for violation of § 302.020, subd. 3, V.A.M.S., which requires that every person operating or riding as…”

State v. Louis, 103 S.W.3d 861 (Mo. Ct. App. 2003). · cites it 3× “Louis, appeals the judgment entered after a jury convicted him of' the class D felony of operating a motor vehicle without a valid license in violation of section 302.020, RSMo 2000. He complains the prosecutor informed the jury that the trial judge endorsed the arresting…”

State v. White, 556 S.W.3d 110 (Mo. Ct. App. 2018). · cites it 24× “White argues on appeal that section 302.020 1 violates the United States Constitution, that the trial court lacked jurisdiction, and that he had a valid driver's license issued by the "Pembina Nation Little Shell Band of North America" which the State of Missouri was obliged to…”

State v. Joos, 120 S.W.3d 778 (Mo. Ct. App. 2003). · cites it 8× “Joos (“Defendant”) was convicted of two counts of driving a vehicle without a valid license, a Class A misdemeanor, in violation of § 302.020, RSMo.2000. He was sentenced to 15 hours of community service on each count, to be served consecutively.”

Wren v. State, 313 S.W.3d 211 (Mo. Ct. App. 2010). · cites it 2× “012, and driving without a valid license, in violation of Section 302.020. State v. Wren, 276 S.W.3d 880 (Mo.”

State v. Vitabile, 553 S.W.3d 429 (Mo. Ct. App. 2018). · cites it 2× “See section 302.020. 1 Due to briefing deficiencies that materially impede impartial judicial review, we are unable to reach the merits (if any) of Defendant's pro se complaints and must dismiss his appeal.”

City of St. Louis v. Carpenter, 341 S.W.2d 786 (Mo. 1961). · cites it 2× “See also § 302.020, RSMo 1949, as amended, V.A.M.S.”

State v. Nunley, 103 S.W.3d 374 (Mo. Ct. App. 2003). · cites it 2× “Prior to the presentation of evidence, the appellant moved for a judgment of acquittal based upon the alleged unconstitutionality of § 302.020. The trial court overruled the appellant’s motion.”

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