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SENATE BILL NO. 1166

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Daily Data Tracking History

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S1166.....................................................by TRANSPORTATION
MOTOR VEHICLES - SAFETY RESTRAINTS - Amends existing law to require that
every occupant of a motor vehicle shall use a safety restraint; to provide
exceptions; to provide a penalty; and to clarify that a violation
constitutes a nonmoving traffic infraction.

02/12    Senate intro - 1st rdg - to printing
02/15    Rpt prt - to Transp

Bill Text

S1166


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1166

                               BY TRANSPORTATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO USE OF MOTOR VEHICLE SAFETY RESTRAINTS; AMENDING  SECTION  49-673,
 3        IDAHO  CODE, TO PROVIDE THAT EVERY OCCUPANT OF A MOTOR VEHICLE SHALL USE A
 4        SAFETY RESTRAINT, TO PROVIDE EXCEPTIONS, TO PROVIDE A PENALTY, TO  CLARIFY
 5        THAT  A  VIOLATION  CONSTITUTES A NONMOVING TRAFFIC INFRACTION AND TO MAKE
 6        TECHNICAL CORRECTIONS.

 7    Be It Enacted by the Legislature of the State of Idaho:

 8        SECTION 1.  That Section 49-673, Idaho Code, be, and the  same  is  hereby
 9    amended to read as follows:

10        49-673.  SAFETY  RESTRAINT  USE. (1) Except as provided in section 49-672,
11    Idaho Code, and subsection  (2) (b)     of   this   section,   each
12    occupant   of     the front   a  seat of a motor vehicle
13    which has a gross vehicle weight of  not  more  than  eight  thousand  (8,000)
14    pounds,  and  which  was  manufactured  with  safety   belts  
15    restraints    in  compliance   with   federal   motor   vehicle   safety
16    standard  s     no. 208 , shall have a safety  belt
17      restraint  properly fastened about his body  at  all  times
18    when the vehicle is in motion.
19        (2)  The provisions of this section shall not apply to:
20        (a)  An occupant of a motor vehicle who possesses a written statement from
21        a  licensed  physician  that  he  is  unable for medical reasons to wear a
22        safety  belt   restraint ;
23        (b)  Occupants of motorcycles ,   and  implements of
24        husbandry  and emergency vehicles ;
25        (c)  Occupants of  the front seat of  a motor vehicle in  which
26        all safety  belts   restraints  are then properly in
27        use by other occupants of that vehicle;
28        (d)  Mail carriers.
29        (3)  If  a  person  is  convicted of a violation  of any traffic law,
30    other than a  violation  of  the provisions of sections  49-1229 or   49-1230,
31    Idaho  Code,   relating to proof of liability insurance, it shall  be an addi-
32    tional  infraction for  any person to violate the provisions    of  this
33    section,    for which  a  fine of   twenty- five dollars
34    ($ 2 5.00) shall be imposed. A conviction under this section  shall
35    not  result  in  violation point counts as prescribed in section 49-326, Idaho
36    Code. In addition, a conviction under this section shall not be deemed to be a
37    moving traffic violation for the purpose of establishing rates of motor  vehi-
38    cle  insurance charged by a casualty insurer.  Any driver convicted under
39    this section shall be exempt from suspension of his driver's license and priv-
40    ileges for failure to pay underlying traffic infraction penalty as  prescribed
41    in section 49-1505, Idaho Code. 
42        (4)  The  department shall initiate and conduct an educational program, to
43    the extent sufficient  private donations or federal  funds for this


                                          2

 1    specific purpose are available to the department, to encourage compliance with
 2    the provisions of this section and to publicize the effectiveness  of  use  of
 3    safety   belts   restraints  and other restraint devices
 4    in reducing risk of harm to occupants of motor vehicles.
 5        (5)  The department shall evaluate the effectiveness of the provisions  of
 6    this  section and shall include a report of its findings in its annual evalua-
 7    tion  report  on  the  Idaho    H    h  ighway    S
 8     s afety  P  p lan which it submits  to
 9      the      N  n ational  H  h
10    ighway    T    t  raffic    S    s
11    afety  A  a dministration and  F  
12    f  ederal    H    h  ighway   A  a
13    dministration pursuant to 23 U.S.C.  sec.  402.
14        (6)  The failure to use a safety  belt   restraint  
15    shall not be considered under any circumstances as evidence of contributory or
16    comparative  negligence,  nor  shall such failure be admissible as evidence in
17    any civil action with regard to negligence.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE

                              RS09017

This piece of legislation addresses the issue of safety
restraints. It amends I.C. Code 49-673 to ensure that all
occupants of a motor vehicle use a safety restraint providing
exceptions, penalties and clarification that a violation
constitutes a nonmoving traffic infraction. This allows a
citation to be issued as a primary violation. The department
shall provide an annual evaluation report on the Idaho highway
safety plan which it submits to the national highway traffic
safety administration and federal highway administration
pursuant to 23 U.S.C. sec.402.

                                 
                                 
                                 
                                 
                                 
                            FISCAL NOTE
                                 

There should be no fiscal impact.







CONTACT: Sen. Andreason 332-l000




STATEMENT OF PURPOSE/ FISCAL NOTE     S1166