2000 Legislation
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SENATE BILL NO. 1506 – MV, children in safety restraints

SENATE BILL NO. 1506

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Daily Data Tracking History



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

Bill Text


 S1506
                                                                        
                                                                        
  ||||              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.  PASSENGER  VEHICLE  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 / Fiscal Impact


     
     
                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