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S1094aa...................................................by TRANSPORTATION MOTOR VEHICLES - SAFETY RESTRAINTS - Amends existing law to provide that the operator of the motor vehicle is responsible for ensuring that each occupant of the vehicle has a properly fastened safety restraint; to increase the fine for violation of safety restraint use from five dollars to twenty dollars; to change terminology from "safety belts" to "safety restraints"; and to provide that failure of a motor vehicle operator to ensure proper usage of restraints shall not be considered evidence of contributory or comparative negligence. 02/09 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Transp 02/21 Rpt out - rec d/p - to 2nd rdg 02/22 2nd rdg - to 3rd rdg 02/26 3rd rdg - HELD 02/27 Recommitted to Transp 03/02 Rpt out - to 14th Ord 03/08 Rpt out amen - to engros 03/09 Rpt engros - 1st rdg - to 2nd rdg as amen 03/12 2nd rdg - to 3rd rdg as amen 03/13 3rd rdg as amen - FAILED - 11-23-1 AYES-- Branch(Bartlett), Bunderson, Deide, Dunklin, Goedde, Ingram, Keough, Noh, Stegner, Stennett, Thorne NAYS--Andreason, Boatright, Brandt, Burtenshaw, Cameron, Danielson, Darrington, Davis, Frasure, Geddes, Hawkins, Ipsen, King-Barrutia, Lee, Lodge, Richardson, Risch, Sandy, Schroeder, Sorensen, Wheeler, Whitworth, Williams Absent and excused--Sims Floor Sponsor -- Goedde Filed w/ Office of the Secretary of the Senate
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1094 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO USE OF SAFETY RESTRAINTS IN MOTOR VEHICLES; AMENDING SECTION 3 49-673, IDAHO CODE, TO PROVIDE THAT THE OPERATOR OF THE MOTOR VEHICLE IS 4 RESPONSIBLE FOR ENSURING THAT EACH OCCUPANT OF THE VEHICLE HAS A PROPERLY 5 FASTENED SAFETY RESTRAINT, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE AN 6 EXCEPTION TO THOSE OCCUPANTS FOR WHOM A SAFETY RESTRAINT IS NOT AVAILABLE 7 BECAUSE ALL SAFETY RESTRAINTS IN THE VEHICLE ARE PROPERLY IN USE BY OTHER 8 OCCUPANTS AND TO INCREASE THE FINE FROM FIVE DOLLARS TO TWENTY DOLLARS FOR 9 VIOLATION OF SAFETY RESTRAINT USE LAW. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 49-673, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 49-673. SAFETY RESTRAINT USE. (1) Except as provided in section 49-672, 14 Idaho Code, and subsection (2)(b) of this section, the motor vehicle operator 15 is responsible for ensuring that each occupant ofthe fronta seat of a motor 16 vehicle which has a gross vehicle weight of not more than eight thousand 17 (8,000) pounds, and which was manufactured with safetybeltsrestraints in 18 compliance with federal motor vehicle safety standard no. 208,shall havehas 19 a safetybeltrestraint properly fastened about his body at all times when the 20 vehicle is in motion. 21 (2) The provisions of this section shall not apply to: 22 (a) An occupant of a motor vehicle who possesses a written statement from 23 a licensed physician that he is unable for medical reasons to wear a 24 safetybeltrestraint; 25 (b) Occupants of motorcycles, implements of husbandry and emergency vehi- 26 cles; 27 (c) Occupants ofthe front seat ofa motor vehicle in which all safety 28beltsrestraints are then properly in use by other occupants of that vehi- 29 cle; 30 (d) Mail carriers. 31 (3) Ifa personthe motor vehicle operator is convicted of a violation of 32 any traffic law, other than a violation of the provisions of sections49-1229 33 or 49-1230, Idaho Code, relating to proof of liability insurance, it shall be 34 an additional infraction for anypersonmotor vehicle operator to violate the 35 provisions of this section, for which a fine offivetwenty dollars ($520.00) 36 shall be imposed. A conviction under this section shall not result in viola- 37 tion point counts as prescribed in section 49-326, Idaho Code. In addition, a 38 conviction under this section shall not be deemed to be a moving traffic 39 violation for the purpose of establishing rates of motor vehicle insurance 40 charged by a casualty insurer. 41 (4) The department shall initiate and conduct an educational program, to 42 the extent sufficient private donations or federal funds for this specific 43 purpose are available to the department, to encourage compliance with the pro- 2 1 visions of this section and to publicize the effectiveness of use of safety 2beltsrestraints and other occupant restraint devices in reducing risk of harm 3 to occupants of motor vehicles. 4 (5) The department shall evaluate the effectiveness of the provisions of 5 this section and shall include a report of its findings in its annual evalua- 6 tion report on the Idaho Highway Safety Plan which it submits to National 7 Highway Traffic Safety Administration and Federal Highway Administration pur- 8 suant to 23 U.S.C. 402. 9 (6) The failure to use a safetybeltrestraint shall not be considered 10 under any circumstances as evidence of contributory or comparative negligence, 11 nor shall such failure be admissible as evidence in any civil action with 12 regard to negligence.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Goedde Seconded by Frasure IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1094 1 AMENDMENTS TO SECTION 1 2 On page 2 of the printed bill, in line 9, following "restraint" insert: 3 "or the failure of the motor vehicle operator to ensure that each occupant has 4 a safety restraint in use pursuant to subsection (1) of this section"; and in 5 line 11, following "shall" insert: "any". 6 CORRECTIONS TO TITLE 7 On page 1, in line 8, delete "AND" and insert: ","; and in line 9, follow- 8 ing "LAW" insert: "AND TO PROVIDE THAT FAILURE OF THE MOTOR VEHICLE OPERATOR 9 TO ENSURE PROPER USE OF RESTRAINTS SHALL NOT BE CONSIDERED EVIDENCE OF CON- 10 TRIBUTORY OR COMPARATIVE NEGLIGENCE".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1094, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO USE OF SAFETY RESTRAINTS IN MOTOR VEHICLES; AMENDING SECTION 3 49-673, IDAHO CODE, TO PROVIDE THAT THE OPERATOR OF THE MOTOR VEHICLE IS 4 RESPONSIBLE FOR ENSURING THAT EACH OCCUPANT OF THE VEHICLE HAS A PROPERLY 5 FASTENED SAFETY RESTRAINT, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE AN 6 EXCEPTION TO THOSE OCCUPANTS FOR WHOM A SAFETY RESTRAINT IS NOT AVAILABLE 7 BECAUSE ALL SAFETY RESTRAINTS IN THE VEHICLE ARE PROPERLY IN USE BY OTHER 8 OCCUPANTS, TO INCREASE THE FINE FROM FIVE DOLLARS TO TWENTY DOLLARS FOR 9 VIOLATION OF SAFETY RESTRAINT USE LAW AND TO PROVIDE THAT FAILURE OF THE 10 MOTOR VEHICLE OPERATOR TO ENSURE PROPER USE OF RESTRAINTS SHALL NOT BE 11 CONSIDERED EVIDENCE OF CONTRIBUTORY OR COMPARATIVE NEGLIGENCE. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 49-673, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 49-673. SAFETY RESTRAINT USE. (1) Except as provided in section 49-672, 16 Idaho Code, and subsection (2)(b) of this section, the motor vehicle operator 17 is responsible for ensuring that each occupant ofthe fronta seat of a motor 18 vehicle which has a gross vehicle weight of not more than eight thousand 19 (8,000) pounds, and which was manufactured with safetybeltsrestraints in 20 compliance with federal motor vehicle safety standard no. 208,shall havehas 21 a safetybeltrestraint properly fastened about his body at all times when the 22 vehicle is in motion. 23 (2) The provisions of this section shall not apply to: 24 (a) An occupant of a motor vehicle who possesses a written statement from 25 a licensed physician that he is unable for medical reasons to wear a 26 safetybeltrestraint; 27 (b) Occupants of motorcycles, implements of husbandry and emergency vehi- 28 cles; 29 (c) Occupants ofthe front seat ofa motor vehicle in which all safety 30beltsrestraints are then properly in use by other occupants of that vehi- 31 cle; 32 (d) Mail carriers. 33 (3) Ifa personthe motor vehicle operator is convicted of a violation of 34 any traffic law, other than a violation of the provisions of sections49-1229 35 or 49-1230, Idaho Code, relating to proof of liability insurance, it shall be 36 an additional infraction for anypersonmotor vehicle operator to violate the 37 provisions of this section, for which a fine offivetwenty dollars ($520.00) 38 shall be imposed. A conviction under this section shall not result in viola- 39 tion point counts as prescribed in section 49-326, Idaho Code. In addition, a 40 conviction under this section shall not be deemed to be a moving traffic 41 violation for the purpose of establishing rates of motor vehicle insurance 42 charged by a casualty insurer. 43 (4) The department shall initiate and conduct an educational program, to 2 1 the extent sufficient private donations or federal funds for this specific 2 purpose are available to the department, to encourage compliance with the pro- 3 visions of this section and to publicize the effectiveness of use of safety 4beltsrestraints and other occupant restraint devices in reducing risk of harm 5 to occupants of motor vehicles. 6 (5) The department shall evaluate the effectiveness of the provisions of 7 this section and shall include a report of its findings in its annual evalua- 8 tion report on the Idaho Highway Safety Plan which it submits to National 9 Highway Traffic Safety Administration and Federal Highway Administration pur- 10 suant to 23 U.S.C. 402. 11 (6) The failure to use a safetybeltrestraint or the failure of the 12 motor vehicle operator to ensure that each occupant has a safety restraint in 13 use pursuant to subsection (1) of this section shall not be considered under 14 any circumstances as evidence of contributory or comparative negligence, nor 15 shall any such failure be admissible as evidence in any civil action with 16 regard to negligence.
STATEMENT OF PURPOSE RS10842C1 Idaho s current seat belt law provides that a motor vehicle operator who has been convicted of violating a traffic law may also be cited and convicted for failing to wear a seat belt (properly known as a safety restraint). A violation remains a secondary offense. The fine for failing to wear a safety restraint is five dollars ($5.00), the lowest fine in the United States. This legislation increases the fine from five dollars ($5.00) to twenty dollars ($20.00) and requires that all passengers in the car who have a safety restraint at their seat wear the restraint also. The fine is non-cumulative i.e., the failure of one or more passengers to wear restraints still results in a single twenty dollar ($20.00) fine against the driver. This legislation makes no other changes to Idaho s existing seat belt law. FISCAL NOTE This legislation has no impact on the general account. It may result in an increase in fine revenue. CONTACT: I-BELT Coalition Chris Marselle 367 3079 STATEMEWT OF PURPOSE/FISCAL NOTE S 1094 S 1094