304.044. Buses and trucks not to follow within three hundred feet — penalty. — 1. The following terms as used in this section shall mean:
(1) "Bus", any vehicle or motor car designed and used for the purpose of carrying more than seven persons;
(2) "Truck", any vehicle, machine, tractor, trailer or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed or used in the transportation of property upon the highways.
2. The driver of any truck or bus, when traveling upon a public highway of this state outside of a business or residential district, shall not follow within three hundred feet of another such vehicle; provided, the provisions of this section shall not be construed to prevent the overtaking and passing, by any such truck or bus, of another similar vehicle.
3. Any person who shall violate the provisions of this section shall be deemed guilty of a class C misdemeanor, and upon conviction thereof shall be punished accordingly.
Notes of Decisions
Cited in
8
cases, 1959–2006 · leading case:
Thebeau v. Thebeau, 324 S.W.2d 674 (Mo. 1959).
Thebeau v. Thebeau, 324 S.W.2d 674 (Mo. 1959).
· cites it 27× ““The driver of a vehicle other than those designated in section 304.044, RSMo, shall not follow another vehicle more closely than is reasonably safe and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of the roadway.”
Binion v. Armentrout, 333 S.W.2d 87 (Mo. 1960).
· cites it 12× “017, supra, reads as follows: “The driver of a vehicle other than those designated in section 304.044, RSMo [bus and truck], shall not follow another vehicle more closely than is reasonably safe and prudent, having due regard for the speed of such vehicle and the traffic upon…”
State ex rel. Lang v. Hodge, 608 S.W.2d 432 (Mo. Ct. App. 1980).
· cites it 11× “Lang petitioned for a writ of prohibition to prevent respondent from proceeding with the trial of relator on a charge brought for violation of § 304.044, RSMo 1978 1 relating to trucks.”
Haley v. Byers Transp. Co., 394 S.W.2d 412 (Mo. 1965).
· cites it 4× “In this latter suit plaintiff sought to recover on both primary negligence (driving closer than 300 feet in violation of § 304.044, RSMo 1959, V.A.M.S., and a failure to slow) and on the humanitarian doctrine.”
State v. Byrne, 503 S.W.2d 693 (Mo. 1973).
· cites it 2× “017 by its terms expressly excludes trucks (those designated in section 304.044) from its application. Appellant was driving a van at the time of the incident, and the state says in its brief that the charge was not brought under Sec.”
Sundermeyer v. Lentz, 386 S.W.2d 16 (Mo. 1964).
· cites it 2× “, the relevant portion of which is: “The driver of a vehicle other than those designated in section 304.044 shall not follow another vehicle more closely than is reasonably safe and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition…”
Pyles v. Roth, 421 S.W.2d 261 (Mo. 1967).
· cites it 2× “, which reads in part as follows: “The driver of a vehicle other than those designated in section 304.044 shall not follow another vehicle more closely than is reasonably safe and prudent, having due regard for the speed of such vehicle and the traffic upon and the condition of…”
Silver Eagle Enter. v. Jensen Transp., Inc., 194 S.W.3d 922 (Mo. Ct. App. 2006).
· cites it 3× “Silver Eagle raises one issue on appeal, claiming the trial court erred in finding it one hundred percent at fault for the accident in that there was undisputed evidence Jensen Transport’s driver committed negligence per se by violating Section 304.044 RSMo (2000). Silver Eagle…”
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