Missouri Revised Statutes

Mo. Rev. Stat. § 304.022 (2026)

Emergency and stationary vehicles

✓ current as of May 2026
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  304.022.  Emergency and stationary vehicles — use of lights and sirens — right-of-way — procedure — penalty. — 1.  Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle or a flashing blue light authorized by section 307.175, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as far as possible to the right of, the traveled portion of the highway and thereupon stop and remain in such position until such emergency vehicle has passed, except when otherwise directed by a police or traffic officer.

  2.  Upon approaching a stationary vehicle displaying lighted red or red and blue lights, or a stationary vehicle displaying lighted amber or amber and white lights, the driver of every motor vehicle shall:

  (1)  Proceed with caution and yield the right-of-way, if possible with due regard to safety and traffic conditions, by making a lane change into a lane not adjacent to that of the stationary vehicle, if on a roadway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

  (2)  Proceed with due caution and reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be unsafe or impossible.

  3.  The motorman of every streetcar shall immediately stop such car clear of any intersection and keep it in such position until the emergency vehicle has passed, except as otherwise directed by a police or traffic officer.

  4.  An "emergency vehicle" is a vehicle of any of the following types:

  (1)  A vehicle operated by the state highway patrol, the state water patrol, the Missouri capitol police, a conservation agent, or a state or a county or municipal park ranger, those vehicles operated by enforcement personnel of the state highways and transportation commission, police or fire department, sheriff, constable or deputy sheriff, federal law enforcement officer authorized to carry firearms and to make arrests for violations of the laws of the United States, traffic officer, coroner, medical examiner, or forensic investigator of the county medical examiner's office, or by a privately owned emergency vehicle company;

  (2)  A vehicle operated as an ambulance or operated commercially for the purpose of transporting emergency medical supplies or organs;

  (3)  Any vehicle qualifying as an emergency vehicle pursuant to section 307.175;

  (4)  Any wrecker, or tow truck or a vehicle owned and operated by a public utility or public service corporation while performing emergency service;

  (5)  Any vehicle transporting equipment designed to extricate human beings from the wreckage of a motor vehicle;

  (6)  Any vehicle designated to perform emergency functions for a civil defense or emergency management agency established pursuant to the provisions of chapter 44;

  (7)  Any vehicle operated by an authorized employee of the department of corrections who, as part of the employee's official duties, is responding to a riot, disturbance, hostage incident, escape or other critical situation where there is the threat of serious physical injury or death, responding to mutual aid call from another criminal justice agency, or in accompanying an ambulance which is transporting an offender to a medical facility;

  (8)  Any vehicle designated to perform hazardous substance emergency functions established pursuant to the provisions of sections 260.500 to 260.550;

  (9)  Any vehicle owned by the state highways and transportation commission and operated by an authorized employee of the department of transportation that is marked as a department of transportation emergency response or motorist assistance vehicle; or

  (10)  Any vehicle owned and operated by the civil support team of the Missouri National Guard while in response to or during operations involving chemical, biological, or radioactive materials or in support of official requests from the state of Missouri involving unknown substances, hazardous materials, or as may be requested by the appropriate state agency acting on behalf of the governor.

  5.  (1)  The driver of any vehicle referred to in subsection 4 of this section shall not sound the siren thereon or have the front red lights or blue lights on except when such vehicle is responding to an emergency call or when in pursuit of an actual or suspected law violator, or when responding to, but not upon returning from, a fire.

  (2)  The driver of an emergency vehicle may:

  (a)  Park or stand irrespective of the provisions of sections 304.014 to 304.025;

  (b)  Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

  (c)  Exceed the prima facie speed limit so long as the driver does not endanger life or property;

  (d)  Disregard regulations governing direction of movement or turning in specified directions.

  (3)  The exemptions granted to an emergency vehicle pursuant to subdivision (2) of this subsection shall apply only when the driver of any such vehicle while in motion sounds audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light or blue light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle, except that an authorized emergency vehicle operated as a police vehicle is not required to use an audible signal or display a visual signal when the vehicle is being used to:

  (a)  Obtain evidence of a speeding violation on a maintained federal or state highway and where the speed limit is set by state statute;

  (b)  Respond to a suspected crime in progress when use of an audible or visual signal, or both, could reasonably result in the destruction of evidence or escape of a suspect; or

  (c)  Conduct surveillance of a vehicle or the passengers of a vehicle who are suspected of involvement in a crime.

  6.  No person shall purchase an emergency light as described in this section without furnishing the seller of such light an affidavit stating that the light will be used exclusively for emergency vehicle purposes.

  7.  Violation of this section shall be deemed a class A misdemeanor.

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(L. 1953 p. 587 § 304.020, A.L. 1969 p. 418, A.L. 1971 H.B. 113, A.L. 1981 H.B. 183, A.L. 1986 S.B. 523 merged with H.B. 1428, A.L. 1991 S.B. 265, A.L. 1995 H.B. 424, A.L. 1996 H.B. 1047 merged with H.B. 1369, A.L. 1997 H.B. 244, A.L. 2002 H.B. 1270 and H.B. 2032, A.L. 2004 S.B. 757 merged with S.B. 788, A.L. 2005 H.B. 353 merged with H.B. 487 merged with H.B. 618, A.L. 2006 S.B. 872, et al., A.L. 2007 S.B. 82 merged with S.B. 352, A.L. 2012 S.B. 470 merged with S.B. 568 merged with S.B. 611, A.L. 2016 S.B. 732, A.L. 2017 S.B. 8 merged with S.B. 222 merged with S.B. 225, A.L. 2021 S.B. 26 merged with S.B. 53 & 60, A.L. 2022 H.B. 1606, A.L. 2025 H.B. 225)

(2006) Section does not abolish, abrogate, provide, or in any way modify common law doctrine of official immunity.  Davis v. Lambert-St. Louis Int'l Airport, 193 S.W.3d 760 (Mo.banc).

Notes of Decisions
Cited in 47 cases (5 in the last 5 years), 1957–2024 · leading case: Southers v. City of Farmington, 263 S.W.3d 603 (Mo. 2008).
Southers v. City of Farmington, 263 S.W.3d 603 (Mo. 2008). · cites it 29× “16 In Davis , this Court specifically addressed whether the language of the emergency vehicle statute, section 304.022, RSMo Supp.2007, 17 modified the immunity *616 protections available to a police officer involved in a pursuit-related collision.”
Webb v. State, 334 S.W.3d 126 (Mo. 2011). · cites it 12× “010, RSMo, or the highway's right-of-way; or (b) Cause the death of two or more persons; or (c) Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's blood; or (4) Operates a…”
Davis v. Lambert-St. Louis Int'l Airport, 193 S.W.3d 760 (Mo. 2006). · cites it 10× “The parties’ dispute centers on whether section 304.022 1 provides official immunity to Powell.”
Goudeaux v. Bd. of Police Commissioners, 409 S.W.3d 508 (Mo. Ct. App. 2013). · cites it 9× “022 as an affirmative defense: Defendant Officer Hawley’s alleged violations of traffic laws, and any negligence per se claim arising out of said violations, are excused and justified because he was operating as an emergency vehicle at the time of the occurrence in compliance…”
State v. Daws, 311 S.W.3d 806 (Mo. 2010). · cites it 9× “Daws pleaded guilty to charges of failure to yield to an emergency vehicle in violation of section 304.022, RSMo 2000. 1 Following the guilty plea, the state charged Daws with the class D felony of resisting arrest in violation of section 575.”
Ficken v. Hopkins, 389 S.W.2d 193 (Mo. 1965). · cites it 19× “Although there is a contention that the ambulance was not on an emergency call, the evidence is to the contrary.”
Allman Ex Rel. Allman v. Yoder, 325 S.W.2d 472 (Mo. 1959). · cites it 24× “Upon the immediate approach of an emergency vehicle giving audible signal by siren or while having at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle, the driver of every…”
Oberkramer v. City of Ellisville, 650 S.W.2d 286 (Mo. Ct. App. 1983). · cites it 5× “In this case, each officer’s duty is defined in § 304.022. Section 304.022.4(1) provides that the driver of a police vehicle “shall not sound the siren .”
Rayman v. Abbott Ambulance, Inc., 546 S.W.3d 12 (Mo. Ct. App. 2018). · cites it 6× “We found that the plaintiffs' petition did not allege facts demonstrating that the police officer's acts raised the risk of harm beyond that sanctioned by the legislature in Section 304.022. Id. at 292-93 . We remanded the case to permit the plaintiffs to replead their cause of…”
Best v. Schoemehl, 652 S.W.2d 740 (Mo. Ct. App. 1983). · cites it 5× “” Plaintiff further alleged that the police vehicle failed to have an audible signal or have a lighted lamp displayed in violation of § 304.022, RSMo. 1 The City of St. Louis filed a motion to dismiss, which was granted.”
Fields v. Mo. Bd. of Prob. & Parole, 559 S.W.3d 12 (Mo. Ct. App. 2018). · cites it 4× “010, or the highway's right-of-way; or vessel leaving the water; or (b) Cause the death of two or more persons; or (c) Cause the death of any person while he or she has a blood alcohol content of at least eighteen-hundredths of one percent by weight of alcohol in such person's…”
State v. Dublo, 243 S.W.3d 407 (Mo. Ct. App. 2007). · cites it 6× “condition or under the influence of controlled substances or drugs, operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause physical injury to any other person' than himself; or (5) Recklessly causes physical injury to another person…”
Mo. Rev. Stat. § 304.022(3): 1 case
Robison v. Cameron, 118 S.W.3d 638 (Mo. Ct. App. 2003).
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