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HB 2328

Establishes provisions relating to child safety on motorcycles and motortricycles

2026 Regular Session Introduced by Bill Lucas and 2 co-sponsors

HB 2328 strengthens child safety on motorcycles by requiring proper seating and headgear for under-10 passengers (Calvin’s Law) and mandating headgear for riders under 26, with lim

HCS Reported Do Pass (H) - AYES: 15 NOES: 0 PRESENT: 0
#childrenandminors #motorvehicles #roadsandhighways
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Bill Summary · HB 2328

Summary of HB 2328 (2026) — Missouri

Title: Establishes provisions relating to child safety on motorcycles and motortricycles

Jurisdiction: Missouri, Missouri General Assembly
Sponsor: Representative Lucas (Co-sponsors: Rush, Murray)

Effective date: January 1, 2027 (the new provisions 302.020 and 302.023)

Status: Introduced in 2026 and advanced through the House Transportation Committee; latest action indicates passage in the House (HCS Do Pass).

1) Purpose and intent

  • To enhance child safety for riders and passengers on motorcycles and motortricycles.
  • Repeals and rewrites portions of current law to implement stricter protections for young passengers, particularly those under 10 years old.
  • Creates a named provision known as “Calvin’s Law” to codify specific requirements and penalties related to child passengers on motorcycles.

2) Key provisions and changes

A. Revisions to general licensing and operation (new Section 302.020)

  • Maintains baseline licensing requirements for operating vehicles and for operating motorcycles/motortricycles (examination and license restrictions as prescribed by the director).
  • Prohibits allowing a motorcycle/motortricycle to be driven on a highway by a person whose license does not indicate passage of the motorcycle/motortricycle operation examination.
  • Keeps the prohibition on operating a vehicle with someone else’s license or instruction permit.
  • Introduces a safety requirement for riders and operators under 26:
    • All persons under 26 must wear protective headgear at all times when operating or riding on a motorcycle or motortricycle.
    • Persons 26 or older who hold an instruction permit must also wear protective headgear.
  • Allows the director to set reasonable standards for protective headgear.
  • Preempts local helmet requirements; municipalities cannot impose their own helmet rules.
  • Enforcement: stops solely to determine headgear compliance are generally not allowed, except:
    • A stop may occur if there is a reasonable basis to suspect a violation involving a child passenger under 10 years old.
  • Penalties (for helmet/headgear compliance violations):
    • First violation: Class D misdemeanor (subject to the general framework for helmet violations).
    • Second violation: Class C misdemeanor.
    • Third or subsequent violations: Class E felony (for helmet-related violations).
    • If the violation involves a child passenger under 10 years old, the offense is an infraction with a fine up to $100.
  • Notably, penalties and enforcement interplay with other sections and court costs/fines are specified, including provisions that no court costs shall be imposed for helmet violations, and no points under motor vehicle point systems for helmet noncompliance.

B. Calvin’s Law — specific protections for under-10 passengers (new Section 302.023)

  • It is unlawful for a motorcycle/motortricycle operator to allow any passenger under 10 to ride unless:
    • The vehicle is equipped with a proper passenger seat, and
    • The child can place both feet on the passenger foot pegs (with an exception for physician-certified medical exemptions).
  • Any passenger under 10 must wear protective headgear meeting Section 302.020 requirements.
  • Law enforcement may stop, inspect, or detain solely to determine compliance with this section.
  • Violations are infractions with a maximum fine of up to $100 (severity otherwise follows the section’s framework).
  • “Calvin’s Law” nickname is codified and known as such.

3) Who or what would be affected

  • Motorcycle and motortricycle operators and passengers, particularly:
    • Individuals under 26 (headgear requirement).
    • All passengers under 10 (strict seating and headgear requirements; potential stops for compliance).
  • Law enforcement agencies (new stop/detain authority specifically tied to Calvin’s Law).
  • Local governments (preemption of local helmet mandates).
  • State agencies (Department of Revenue, Department of Transportation) with anticipated administrative updates (guides, websites, licensing records) to reflect the new requirements.

4) Procedural and timeline aspects

  • Effective date for the new and amended provisions: January 1, 2027.
  • The bill includes a repeal-and-reenactment of Section 302.020 and the creation of Sections 302.020 and 302.023.
  • Fiscal note summary:
    • General Revenue impact: None anticipated.
    • State and local funds: Minimal impact; costs absorbed within existing staff; limited administrative updates for licensing and public information.
    • Potential minor local fine revenue from infractions; no large-scale fiscal impact projected.
  • Constitutional considerations noted in testimony:
    • Some advocacy groups raise concerns about the constitutionality of allowing stops based solely on age estimation and enforcement disparities between state and local helmet rules.

Overview

HB 2328 introduces stronger protections for child passengers on motorcycles and motortricycles, notably targeting passengers under 10 and riders under 26 with mandatory headgear. It authorizes limited enforcement related to child passengers and preempts local helmet mandates. The bill’s broader enforcement provisions, particularly the stop/detain authority tied to Calvin’s Law, may invite constitutional scrutiny and litigation if enacted. The measure becomes effective January 1, 2027, with related administrative updates anticipated from state agencies.

Compiled from official sources — confirm details with the bill’s official record.

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