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S.B. 12
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SAFETY BELT LAW AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Robert F. Montgomery
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AN ACT RELATING TO MOTOR VEHICLES; REQUIRING SAFETY BELTS OR CHILD
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RESTRAINT DEVICES FOR DRIVERS AND ALL PASSENGERS OF MOTOR VEHICLES;
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PROVIDING PENALTIES; AND AMENDING ENFORCEMENT AS A SECONDARY
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ACTION.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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41-6-183, as last amended by Chapter 5, Laws of Utah 1991
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41-6-185, as last amended by Chapter 234, Laws of Utah 1993
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41-6-186, as enacted by Chapter 186, Laws of Utah 1986
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ENACTS:
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41-6-181.5, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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41-6-182, as last amended by Chapter 234, Laws of Utah 1993
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REPEALS:
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41-6-184, as last amended by Chapter 5, Laws of Utah 1991
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41-6-148.20, as last amended by Chapter 270, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
41-6-181.5
is enacted to read:
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41-6-181.5. Definitions.
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As used in this article:
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(1) "Child restraint device" means a child restraint device approved by the commissioner
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of the Department of Public Safety.
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(2) "Motor vehicle" means a vehicle defined in Section
41-1a-102
, except vehicles that are
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not equipped with safety belts by the manufacturer.
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(3) "Safety belt" means a safety belt or seat belt system that meets standards set by the
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commissioner of the Department of Public Safety.
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(4) "Seating position" means any area within the passenger compartment of a motor
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vehicle in which the manufacturer has installed a safety belt.
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Section 2.
Section
41-6-182
is repealed and reenacted to read:
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41-6-182. Driver and passengers -- Seat belt or child restraint device required.
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(1) The driver of a motor vehicle operated on a highway shall:
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(a) wear a properly adjusted and fastened safety belt;
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(b) provide for the protection of each person younger than four years of age by using a
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child restraint device to restrain each person in the manner prescribed by the manufacturer of the
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device; and
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(c) provide for the protection of each person four years of age up to 16 years of age by
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using an appropriate child restraint device to restrain each person in the manner prescribed by the
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manufacturer of the device or by securing, or causing to be secured, a properly adjusted and
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fastened safety belt on each person.
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(2) A passenger who is 16 years of age or older of a motor vehicle operated on a highway
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shall wear a properly adjusted and fastened safety belt.
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(3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
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commissioner of the Department of Public Safety shall set standards for approved safety belts and
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child restraint devices.
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(4) If more than one person is not using a child restraint device or wearing a safety belt in
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violation of Subsection (1), it is only one offense and the driver may receive only one citation.
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(5) For a person 21 years of age or older who violates Subsection (1)(a) or (2),
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enforcement by a state or local law enforcement officer shall be only as a secondary action when
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the person has been detained for a suspected violation of Title 41, Motor Vehicles, other than
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Subsection (1)(a) or (2), or for another offense.
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Section 3.
Section
41-6-183
is amended to read:
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41-6-183. Exceptions.
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(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;
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[(2)] (b) a motor vehicle in which the driver or passengers possess a written verification
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from a licensed physician that the driver or passenger is unable to wear a safety [seat] belt [system]
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for physical or medical reasons; or
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[(3)] (c) a motor vehicle or seating position which is not required to be equipped with a
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safety [seat] belt system under federal law[;].
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[(4) a motor vehicle operated by a rural letter carrier of the United States Postal Service
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while performing the duties of a rural letter carrier; or]
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[(5) a motor vehicle engaged in pick up, delivery, or service operations involving repeated
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starts and stops and requiring the front seat occupant to frequently and repeatedly enter and leave
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the vehicle.]
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(2) This article does not apply to a passenger if all seating positions are occupied by other
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passengers.
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Section 4.
Section
41-6-185
is amended to read:
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41-6-185. Penalty for violation.
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(1) (a) A person who violates Section
41-6-182
is guilty of an infraction and shall be fined
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a maximum of [$10] $45.
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(b) The court shall waive all but $15 of the fine for a violation of Section
41-6-182
if a
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person shows evidence of completion of a two-hour course approved by the commissioner of the
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Department of Public Safety that includes education on the benefits of using a safety belt and child
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restraint device.
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(2) Points for a motor vehicle reportable violation, as defined under Section
53-3-102
, may
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not be assessed against any person for a violation of Section
41-6-182
.
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(3) The court in which a charge is pending for a first violation of Subsection
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41-6-182
(1)(b) shall dismiss the action against a driver who, during or before any court appearance
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on the matter, submits proof of acquisition, rental, or purchase of a child restraint device as
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required by Subsection
41-6-182
(1)(b).
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Section 5.
Section
41-6-186
is amended to read:
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41-6-186. Compliance -- Civil litigation.
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The failure to use a child restraint device or to wear a [seat] safety belt does not constitute
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contributory or comparative negligence on the part of a person seeking recovery for injuries, and
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may not be introduced as evidence in any civil litigation on the issue of negligence, injuries, or
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[on] the [issue of] mitigation of damages.
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Section 6. Repealer.
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This act repeals:
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Section 41-6-148.20, Child restraint device required -- Violation as infraction --
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Dismissal of charge -- Failure not admissible as to negligence.
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Section 41-6-184, Enforcement.
Legislative Review Note
as of 11-26-99 8:59 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.