Print Friendly SENATE BILL NO. 1498 – MV, occupants, safety restraints
SENATE BILL NO. 1498
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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;
and to increase the fine for a conviction.
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. 1498
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 PROPER TERMINOLOGY AND TO
7 MAKE A TECHNICAL CORRECTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 49-673, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-673. SAFETY RESTRAINT USE. (1) Except as provided in section 49-672,
12 Idaho Code, and subsection (2) (b) of this section, each occupant of the front
13 a seat of a motor vehicle which has a gross vehicle weight of not more than
14 eight thousand (8,000) pounds , and which was manufactured with safety belts
15 restraints in compliance with federal motor vehicle safety standards, no. 208,
16 shall have a safety belt restraint properly fastened about his body at all
17 times when the vehicle is in motion.
18 (2) The provisions of this section shall not apply to:
19 (a) An occupant of a motor vehicle who possesses a written statement from
20 a licensed physician that he is unable for medical reasons to wear a
21 safety belt restraint;
22 (b) Occupants of motorcycles , and implements of husbandry; and emergency
24 (c) Occupants of the front seat of a motor vehicle in which all safety
25 belts restraints are then properly in use by other occupants of that vehi-
27 (d) Mail carriers.
28 (3) If a person is convicted of a violation of any traffic law, other
29 than a violation of the provisions of section s 49-1229 or 49-1230, Idaho Code,
30 relating to proof of liability insurance, it shall be an additional infraction
31 for any person to violate the provisions of this section, for which a fine of
32 five twenty dollars ($ 520.00) shall be imposed. A conviction under this sec-
33 tion shall not result in violation point counts as prescribed in section
34 49-326, Idaho Code. In addition, a conviction under this section shall not be
35 deemed to be a moving traffic violation for the purpose of establishing rates
36 of motor vehicle insurance charged by a casualty insurer.
37 (4) The department shall initiate and conduct an educational program, to
38 the extent sufficient private donations or federal funds for this specific
39 purpose are available to the department, to encourage compliance with the pro-
40 visions of this section and to publicize the effectiveness of use of safety
41 belts restraints and other restraint devices in reducing risk of harm to occu-
42 pants of motor vehicles.
43 (5) The department shall evaluate the effectiveness of the provisions of
1 this section and shall include a report of its findings in its annual evalua-
2 tion report on the Idaho Hhighway Ssafety Pplan which it submits to the
3 Nnational Hhighway Ttraffic Ssafety Aadministration and Ffederal Hhighway
4 Aadministration pursuant to 23 U.S.C. 402.
5 (6) The failure to use a safety belt restraint shall not be considered
6 under any circumstances as evidence of contributory or comparative negligence,
7 nor shall such failure be admissible as evidence in any civil action with
8 regard to negligence.
STATEMENT OF PURPOSE
This legislation strengthens Idaho's current seatbelt law. A violation remains a
secondary offense. Fines for violation increase from $5 to $20. Clarifies who must
use seat belt.
There is no direct Fiscal Impact on the General Fund. Possible increase in fine
CONTACT: Senator Evan Frasure
STATEMENT OF PURPOSE/ FISCAL NOTE S 1498