Print Friendly SENATE BILL NO. 1166 – MV, occupants, safety restraints
SENATE BILL NO. 1166
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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
|||| 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
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
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.
There should be no fiscal impact.
CONTACT: Sen. Andreason 332-l000
STATEMENT OF PURPOSE/ FISCAL NOTE S1166