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S.B. 12 Enrolled

                 

SAFETY BELT LAW AMENDMENTS

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Robert F. Montgomery

                  AN ACT RELATING TO MOTOR VEHICLES; REQUIRING SAFETY BELTS OR CHILD
                  RESTRAINT DEVICES FOR DRIVERS AND ALL PASSENGERS OF MOTOR VEHICLES;
                  PROVIDING PENALTIES; AND AMENDING ENFORCEMENT AS A SECONDARY
                  ACTION.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      41-6-183, as last amended by Chapter 5, Laws of Utah 1991
                      41-6-185, as last amended by Chapter 234, Laws of Utah 1993
                      41-6-186, as enacted by Chapter 186, Laws of Utah 1986
                  ENACTS:
                      41-6-181.5, Utah Code Annotated 1953
                  REPEALS AND REENACTS:
                      41-6-182, as last amended by Chapter 234, Laws of Utah 1993
                  REPEALS:
                      41-6-184, as last amended by Chapter 5, Laws of Utah 1991
                      41-6-148.20, as last amended by Chapter 270, Laws of Utah 1998
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 41-6-181.5 is enacted to read:
                      41-6-181.5. Definitions.
                      As used in this article:
                      (1) "Child restraint device" means a child restraint device approved by the commissioner
                  of the Department of Public Safety.
                      (2) "Motor vehicle" means a vehicle defined in Section 41-1a-102 , except vehicles that are
                  not equipped with safety belts by the manufacturer.
                      (3) "Safety belt" means a safety belt or seat belt system that meets standards set by the

                  commissioner of the Department of Public Safety.
                      (4) "Seating position" means any area within the passenger compartment of a motor vehicle
                  in which the manufacturer has installed a safety belt.
                      Section 2. Section 41-6-182 is repealed and reenacted to read:
                      41-6-182. Driver and passengers -- Seat belt or child restraint device required.
                      (1) The driver of a motor vehicle operated on a highway shall:
                      (a) wear a properly adjusted and fastened safety belt;
                      (b) provide for the protection of each person younger than five years of age by using a child
                  restraint device to restrain each person in the manner prescribed by the manufacturer of the device;
                  and
                      (c) provide for the protection of each person five years of age up to 16 years of age by using
                  an appropriate child restraint device to restrain each person in the manner prescribed by the
                  manufacturer of the device or by securing, or causing to be secured, a properly adjusted and fastened
                  safety belt on each person.
                      (2) A passenger who is 16 years of age or older of a motor vehicle operated on a highway
                  shall wear a properly adjusted and fastened safety belt.
                      (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
                  commissioner of the Department of Public Safety shall set standards for approved safety belts and
                  child restraint devices.
                      (4) If more than one person is not using a child restraint device or wearing a safety belt in
                  violation of Subsection (1), it is only one offense and the driver may receive only one citation.
                      (5) For a person 19 years of age or older who violates Subsection (1)(a) or (2), enforcement
                  by a state or local law enforcement officer shall be only as a secondary action when the person has
                  been detained for a suspected violation of Title 41, Motor Vehicles, other than Subsection (1)(a) or
                  (2), or for another offense.
                      Section 3. Section 41-6-183 is amended to read:
                       41-6-183. Exceptions.
                      (1) This article does not apply to a driver or [front seat] passenger of:

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                      [(1)] (a) a motor vehicle manufactured before July 1, 1966;
                      [(2)] (b) a motor vehicle in which the driver or passengers possess a written verification from
                  a licensed physician that the driver or passenger is unable to wear a safety [seat] belt [system] for
                  physical or medical reasons; or
                      [(3)] (c) a motor vehicle or seating position which is not required to be equipped with a
                  safety [seat] belt system under federal law[;].
                      [(4) a motor vehicle operated by a rural letter carrier of the United States Postal Service
                  while performing the duties of a rural letter carrier; or]
                      [(5) a motor vehicle engaged in pick up, delivery, or service operations involving repeated
                  starts and stops and requiring the front seat occupant to frequently and repeatedly enter and leave the
                  vehicle.]
                      (2) This article does not apply to a passenger if all seating positions are occupied by other
                  passengers.
                      Section 4. Section 41-6-185 is amended to read:
                       41-6-185. Penalty for violation.
                      (1) (a) A person who violates Section 41-6-182 is guilty of an infraction and shall be fined a
                  maximum of [$10] $45.
                      (b) The court shall waive all but $15 of the fine for a violation of Section 41-6-182 if a person
                  shows evidence of completion of a two-hour course approved by the commissioner of the
                  Department of Public Safety that includes education on the benefits of using a safety belt and child
                  restraint device.
                      (2) Points for a motor vehicle reportable violation, as defined under Section 53-3-102 , may
                  not be assessed against any person for a violation of Section 41-6-182 .
                      (3) The court in which a charge is pending for a first violation of Subsection 41-6-182 (1)(b)
                  shall dismiss the action against a driver who, during or before any court appearance on the matter,
                  submits proof of acquisition, rental, or purchase of a child restraint device as required by Subsection
                  41-6-182 (1)(b).
                      Section 5. Section 41-6-186 is amended to read:

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                       41-6-186. Compliance -- Civil litigation.
                      The failure to use a child restraint device or to wear a [seat] safety belt does not constitute
                  contributory or comparative negligence on the part of a person seeking recovery for injuries, and may
                  not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or [on] the
                  [issue of] mitigation of damages.
                      Section 6. Repealer.
                      This act repeals:
                      Section 41-6-148.20, Child restraint device required -- Violation as infraction --
                  Dismissal of charge -- Failure not admissible as to negligence.
                      Section 41-6-184, Enforcement.

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