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S1506.....................................................by TRANSPORTATION MOTOR VEHICLES - CHILDREN - Amends existing law to provide that the operator of a motor vehicle is responsible for ensuring that children four through seventeen years of age, who are being transported in the vehicle, shall have a safety restraint about them at all times the vehicle is in motion; to provide exceptions; to require that a driver of a vehicle who is a minor shall have a safety restraint properly fastened at all times the vehicle is in motion unless he has obtained a medical exemption; and to provide that a violation is an infraction offense punishable by a fine of twenty-five dollars. 02/21 Senate intro - 1st rdg - to printing 02/22 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1506 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO PASSENGER SAFETY FOR CHILDREN; AMENDING SECTION 49-672, IDAHO 3 CODE, TO PROVIDE THAT THE OPERATOR OF A VEHICLE IS RESPONSIBLE FOR ENSUR- 4 ING THAT CHILDREN FOUR THROUGH SEVENTEEN YEARS OF AGE WHO ARE BEING TRANS- 5 PORTED IN THE VEHICLE SHALL HAVE A SAFETY RESTRAINT ABOUT THEM AT ALL 6 TIMES THE VEHICLE IS IN MOTION, TO PROVIDE EXCEPTIONS, TO REQUIRE THAT A 7 DRIVER OF A VEHICLE WHO IS A MINOR SHALL HAVE A SAFETY RESTRAINT PROPERLY 8 FASTENED AT ALL TIMES THE VEHICLE IS IN MOTION UNLESS HE HAS OBTAINED A 9 MEDICAL EXEMPTION AND TO PROVIDE THAT A VIOLATION IS AN INFRACTION OFFENSE 10 PUNISHABLE BY A FINE OF TWENTY-FIVE DOLLARS. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 49-672, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 49-672. PASSENGERVEHICLE SAFETY FOR CHILDREN AND MINOR OPERATORS OF A 15 MOTOR VEHICLE. (1) No noncommercial motor vehicle operator shall transport a 16 child who is under the age of four (4) years and weighs less than forty (40) 17 pounds in a motor vehicle manufactured with seat belts after January 1, 1966, 18 unless the child is properly restrained in a car safety seat that meets the 19 requirements of federal motor vehicle safety standard no. 213. The provisions 20 of this section shall not apply: 21 (a) If all of the motor vehicle's seat belts are in use, but in such an 22 event any unrestrained child to which this section applies shall be placed 23 in the rear seat of the motor vehicle, if it is so equipped; or 24 (b) When the child is removed from the car safety seat and held by the 25 attendant for the purpose of nursing the child or attending the child's 26 other immediate physiological needs. 27 (2) The failure to use a child safety seat shall not be considered under 28 any circumstances as evidence of contributory negligence, nor shall such fail- 29 ure be admissible as evidence in any civil action with regard to negligence. 30 (3) In every motor vehicle with a gross weight of not more than eight 31 thousand (8,000) pounds which was manufactured with safety restraints in com- 32 pliance with federal motor vehicle safety standards, the motor vehicle opera- 33 tor is responsible for ensuring that each child from the age of four (4) years 34 through seventeen (17) years being transported in the vehicle has a safety 35 restraint properly fastened about the child's body at all times when the vehi- 36 cle is in motion. The provisions of this subsection shall not apply to: 37 (a) An occupant of a motor vehicle who possesses a written statement from 38 a licensed physician that he is unable for medical reasons to wear a 39 safety restraint; 40 (b) Occupants of a motor vehicle in which all safety restraints are then 41 properly in use by other occupants of that vehicle. 42 (4) Unless the operator possesses a written statement from a licensed 43 physician that he is unable for medical reasons to wear a safety restraint, a 2 1 minor under eighteen (18) years of age who is the operator of a motor vehicle 2 shall have a safety restraint properly fastened about his body at all times 3 when the vehicle is in motion. 4 (5) A violation of the provisions of this section shall be an infraction 5 offense punishable by a fine of twenty-five dollars ($25.00) plus applicable 6 court costs and fees.
STATEMENT OF PURPOSE RS10142 This legislation amends Idaho's current safety restraint law for MINORS. Currently, children less than 4 years and 40 pounds must be in a child safety seat. This legislation requires that ALL minors, including licenced-minor drivers, must be properly restrained. FISCAL NOTE There is no quantifiable direct fiscal impact to the General Fund except anticipated savings in Medicaid and indigent medical costs. CONTACT: Senator Jack Riggs 332-1341 Chris Marselle, I-belt Coalition 367-3079 STATEMENT OF PURPOSE/FISCAL IMPACT S 1506