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S1502.....................................................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; to
increase the fine for a conviction; to provide that a conviction for a
violation of the motor vehicle safety restraint law shall result in
violation point counts against the operator of the vehicle and shall be
deemed a moving traffic violation for purposes of establishing rates of
motor vehicle insurance charged by a casualty insurer; to provide that if
any other adult passenger is found to be in violation of the safety
restraints law at the time the operator was cited for a moving traffic
violation, such passenger shall be cited and shall be subject to the fine
for failure to use a safety restraint; to provide that the Idaho
Transportation Department continually conduct educational programs; and to
require an annual report on the effectiveness of these amendments.
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to Transp
S1502
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1502
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 THAT A CONVICTION FOR
7 VIOLATION OF MOTOR VEHICLE SAFETY RESTRAINT LAW SHALL RESULT IN VIOLATION
8 POINT COUNTS AGAINST THE OPERATOR OF THE VEHICLE AND SHALL BE DEEMED A
9 MOVING TRAFFIC VIOLATION FOR PURPOSES OF ESTABLISHING RATES OF MOTOR VEHI-
10 CLE INSURANCE CHARGED BY A CASUALTY INSURER, TO PROVIDE THAT IF ANY OTHER
11 ADULT PASSENGER IS FOUND TO BE IN VIOLATION OF SAFETY RESTRAINT LAW AT THE
12 TIME THE OPERATOR WAS CITED FOR A MOVING TRAFFIC VIOLATION, SUCH PASSENGER
13 SHALL BE CITED AND SHALL BE SUBJECT TO THE FINE FOR FAILURE TO USE A
14 SAFETY RESTRAINT, TO PROVIDE THAT THE DEPARTMENT SHALL CONTINUALLY CONDUCT
15 EDUCATIONAL PROGRAMS, TO REQUIRE THE DEPARTMENT TO ANNUALLY SUBMIT A
16 REPORT TO THE LEGISLATURE BY A DATE CERTAIN ON THE EFFECTIVENESS OF THE
17 AMENDMENTS TO THIS SECTION AS ENACTED BY THE 2000 LEGISLATURE AND TO PRO-
18 VIDE PROPER TERMINOLOGY.
19 Be It Enacted by the Legislature of the State of Idaho:
20 SECTION 1. That Section 49-673, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 49-673. SAFETY RESTRAINT USE. (1) Except as provided in section 49-672,
23 Idaho Code, and subsection (2)(b) of this section, each occupant of the front
24 a seat of a motor vehicle which has a gross vehicle weight of not more than
25 eight thousand (8,000) pounds, and which was manufactured with safety belts
26 restraints in compliance with federal motor vehicle safety standards, no. 208,
27 shall have a safety belt restraint properly fastened about his body at all
28 times when the vehicle is in motion.
29 (2) The provisions of this section shall not apply to:
30 (a) An occupant of a motor vehicle who possesses a written statement from
31 a licensed physician that he is unable for medical reasons to wear a
32 safety belt restraint;
33 (b) Occupants of motorcycles, and implements of husbandry; and emergency
34 vehicles;
35 (c) Occupants of the front seat of a motor vehicle in which all safety
36 belts restraints are then properly in use by other occupants of that vehi-
37 cle;
38 (d) Mail carriers.
39 (3) Except as provided in section 49-672, Idaho Code, iIf a person the
40 operator of a vehicle is convicted of a violation of any traffic law, other
41 than a violation of the provisions of sections 49-1229 or 49-1230, Idaho Code,
42 relating to proof of liability insurance, it shall be an additional infraction
43 for any person such operator to violate the provisions of this section, for
2
1 which a fine of twenty-five dollars ($25.00) shall be imposed, in addition to
2 applicable court costs and fees. A conviction under this section shall not
3 result in violation point counts as prescribed in section 49-326, Idaho Code,
4 for the operator of the vehicle. In addition, a conviction against the opera-
5 tor of a vehicle under this section shall not be deemed to be a moving traffic
6 violation for the purpose of establishing rates of motor vehicle insurance
7 charged by a casualty insurer.
8 (4) If any other adult passenger in the vehicle is found to be in viola-
9 tion of safety restraint law at the time the operator of the vehicle was cited
10 for a moving traffic violation, such person shall be cited for a violation of
11 this section, and shall be subject to the monetary fine provided herein.
12 (5) The department shall initiate and continually conduct an educational
13 program, to the extent sufficient private donations or federal funds for this
14 specific purpose are available to the department in cooperation with other
15 public and private entities, to encourage compliance with the provisions of
16 this section and to publicize the effectiveness of use of safety belts
17 restraints and other restraint devices in reducing risk of harm to occupants
18 of motor vehicles.
19 (56) The department shall evaluate the effectiveness of the provisions of
20 this section and shall include a report of its findings in its annual evalua-
21 tion report on the Idaho Hhighway Ssafety Pplan which it submits to the
22 Nnational Hhighway Ttraffic Ssafety Aadministration and Ffederal Hhighway
23 Aadministration pursuant to 23 U.S.C. 402.
24 (7) Before February 1, 2002, and annually thereafter, the department
25 shall submit a report to the germane committees of the Idaho legislature on
26 the effectiveness of the following changes to this law as enacted by the 2000
27 legislature:
28 (a) The increased fine;
29 (b) The imposition of the increased fine on an adult passenger found to
30 be in violation of this section at the time the operator of the vehicle
31 was cited for a moving traffic violation;
32 (c) Assessing violation points against the operator of the vehicle for a
33 violation of safety restraint law; and
34 (d) Declaring that a violation against the operator of the vehicle in
35 violation of this section shall be deemed a moving traffic violation for
36 purposes of establishing rates of motor vehicle insurance charged by a
37 casualty insurer.
38 (68) The failure to use a safety belt restraint shall not be considered
39 under any circumstances as evidence of contributory or comparative negligence,
40 nor shall such failure be admissible as evidence in any civil action with
41 regard to negligence.
STATEMENT OF PURPOSE
RS10141
This legislation strengthens Idaho's current seatbelt law for ADULTS, but still
maintains a violation as a secondary offense. Idaho's 1999 safety restraint usage
rate was less than 58% based .upon surveys conducted by the Idaho
Transportation Department. This legislation increases Idaho's lowest-in-the-nation
$5.00 fine for violating the safety restraint law to $25.00 plus court costs and fees,
clarifies that the law applies to all occupants who occupy seats equipped with any
approved safety restraint, not just seatbelts, and not just those in front seats.
FISCAL NOTE
There is no quantifiable direct fiscal impact to the state general fund except
possible savings in Medicaid and indigent medical costs.
CONTACT: Senator Jack Riggs 208-332-1341
Chris Marselle, I-belt Coalition 208-367-3079
STATEMENT OF PURPOSE/FISCAL NOTE S 1502