2000 Legislation
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SENATE BILL NO. 1498 – MV, occupants, safety restraints

SENATE BILL NO. 1498

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Daily Data Tracking History



S1498.....................................................by TRANSPORTATION
MOTOR VEHICLES - SAFETY RESTRAINTS - Amends existing law to provide that
all occupants of a motor vehicle are required to use available safety
restraints; to delete the exception for occupants of emergency vehicles;
and to increase the fine for a conviction.
                                                                        
02/21    Senate intro - 1st rdg - to printing
02/22    Rpt prt - to Transp

Bill Text


 S1498
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1498
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE USE OF  MOTOR  VEHICLE  SAFETY  RESTRAINTS;  AMENDING  SECTION
  3        49-673,  IDAHO  CODE, TO PROVIDE THAT ALL OCCUPANTS OF A MOTOR VEHICLE ARE
  4        REQUIRED TO USE AVAILABLE SAFETY RESTRAINTS, TO DELETE THE  EXCEPTION  FOR
  5        OCCUPANTS  OF  EMERGENCY  VEHICLES,  TO INCREASE THE FINE FOR A CONVICTION
  6        UNDER THE PROVISIONS OF THIS SECTION, TO PROVIDE PROPER TERMINOLOGY AND TO
  7        MAKE A TECHNICAL CORRECTION.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Section 49-673, Idaho Code, be, and the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        49-673.  SAFETY  RESTRAINT  USE. (1) Except as provided in section 49-672,
 12    Idaho Code, and subsection (2)(b) of this section, each occupant of the  front
 13    a  seat  of  a motor vehicle which has a gross vehicle weight of not more than
 14    eight thousand (8,000) pounds, and which was manufactured  with  safety  belts
 15    restraints in compliance with federal motor vehicle safety standards, no. 208,
 16    shall  have  a  safety belt restraint  properly fastened about his body at all
 17    times when the vehicle is in motion.
 18        (2)  The provisions of this section shall not apply to:
 19        (a)  An occupant of a motor vehicle who possesses a written statement from
 20        a licensed physician that he is unable  for  medical  reasons  to  wear  a
 21        safety belt restraint;
 22        (b)  Occupants  of motorcycles, and implements of husbandry; and emergency
 23        vehicles;
 24        (c)  Occupants of the front seat of a motor vehicle in  which  all  safety
 25        belts restraints are then properly in use by other occupants of that vehi-
 26        cle;
 27        (d)  Mail carriers.
 28        (3)  If  a  person  is  convicted of a violation of any traffic law, other
 29    than a violation of the provisions of sections 49-1229 or 49-1230, Idaho Code,
 30    relating to proof of liability insurance, it shall be an additional infraction
 31    for any person to violate the provisions of this section, for which a fine  of
 32    five  twenty  dollars ($520.00) shall be imposed. A conviction under this sec-
 33    tion shall not result in violation  point  counts  as  prescribed  in  section
 34    49-326,  Idaho Code. In addition, a conviction under this section shall not be
 35    deemed to be a moving traffic violation for the purpose of establishing  rates
 36    of motor vehicle insurance charged by a casualty insurer.
 37        (4)  The  department shall initiate and conduct an educational program, to
 38    the extent sufficient private donations or federal  funds  for  this  specific
 39    purpose are available to the department, to encourage compliance with the pro-
 40    visions  of  this  section and to publicize the effectiveness of use of safety
 41    belts restraints and other restraint devices in reducing risk of harm to occu-
 42    pants of motor vehicles.
 43        (5)  The department shall evaluate the effectiveness of the provisions  of
                                                                        
                                           2
                                                                        
  1    this  section and shall include a report of its findings in its annual evalua-
  2    tion report on the Idaho Hhighway  Ssafety  Pplan  which  it  submits  to  the
  3    Nnational  Hhighway  Ttraffic  Ssafety  Aadministration  and Ffederal Hhighway
  4    Aadministration pursuant to 23 U.S.C. 402.
  5        (6)  The failure to use a safety belt restraint shall  not  be  considered
  6    under any circumstances as evidence of contributory or comparative negligence,
  7    nor  shall  such  failure  be  admissible as evidence in any civil action with
  8    regard to negligence.

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                       RS10134 
                           
     This legislation strengthens Idaho's current seatbelt law. A violation remains a
     secondary offense. Fines for violation increase from $5 to $20. Clarifies who must
     use seat belt. 
     
     
     
     
     
                     FISCAL NOTE 
     
     There is no direct Fiscal Impact on the General Fund. Possible increase in fine
     revenue. 
     
     
     
     
     
     
               CONTACT:  Senator Evan Frasure
               Phone: 332-1315 
     
     
     
                                             STATEMENT OF PURPOSE/ FISCAL NOTE                     S 1498