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S1094aa...................................................by TRANSPORTATION
MOTOR VEHICLES - SAFETY RESTRAINTS - Amends existing law to provide that
the operator of the motor vehicle is responsible for ensuring that each
occupant of the vehicle has a properly fastened safety restraint; to
increase the fine for violation of safety restraint use from five dollars
to twenty dollars; to change terminology from "safety belts" to "safety
restraints"; and to provide that failure of a motor vehicle operator to
ensure proper usage of restraints shall not be considered evidence of
contributory or comparative negligence.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/26 3rd rdg - HELD
02/27 Recommitted to Transp
03/02 Rpt out - to 14th Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - FAILED - 11-23-1
AYES-- Branch(Bartlett), Bunderson, Deide, Dunklin, Goedde, Ingram,
Keough, Noh, Stegner, Stennett, Thorne
NAYS--Andreason, Boatright, Brandt, Burtenshaw, Cameron, Danielson,
Darrington, Davis, Frasure, Geddes, Hawkins, Ipsen, King-Barrutia,
Lee, Lodge, Richardson, Risch, Sandy, Schroeder, Sorensen, Wheeler,
Whitworth, Williams
Absent and excused--Sims
Floor Sponsor -- Goedde
Filed w/ Office of the Secretary of the Senate
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1094
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO USE OF SAFETY RESTRAINTS IN MOTOR VEHICLES; AMENDING SECTION
3 49-673, IDAHO CODE, TO PROVIDE THAT THE OPERATOR OF THE MOTOR VEHICLE IS
4 RESPONSIBLE FOR ENSURING THAT EACH OCCUPANT OF THE VEHICLE HAS A PROPERLY
5 FASTENED SAFETY RESTRAINT, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE AN
6 EXCEPTION TO THOSE OCCUPANTS FOR WHOM A SAFETY RESTRAINT IS NOT AVAILABLE
7 BECAUSE ALL SAFETY RESTRAINTS IN THE VEHICLE ARE PROPERLY IN USE BY OTHER
8 OCCUPANTS AND TO INCREASE THE FINE FROM FIVE DOLLARS TO TWENTY DOLLARS FOR
9 VIOLATION OF SAFETY RESTRAINT USE LAW.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 49-673, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 49-673. SAFETY RESTRAINT USE. (1) Except as provided in section 49-672,
14 Idaho Code, and subsection (2)(b) of this section, the motor vehicle operator
15 is responsible for ensuring that each occupant of the front a seat of a motor
16 vehicle which has a gross vehicle weight of not more than eight thousand
17 (8,000) pounds, and which was manufactured with safety belts restraints in
18 compliance with federal motor vehicle safety standard no. 208, shall have has
19 a safety belt restraint properly fastened about his body at all times when the
20 vehicle is in motion.
21 (2) The provisions of this section shall not apply to:
22 (a) An occupant of a motor vehicle who possesses a written statement from
23 a licensed physician that he is unable for medical reasons to wear a
24 safety belt restraint;
25 (b) Occupants of motorcycles, implements of husbandry and emergency vehi-
26 cles;
27 (c) Occupants of the front seat of a motor vehicle in which all safety
28 belts restraints are then properly in use by other occupants of that vehi-
29 cle;
30 (d) Mail carriers.
31 (3) If a person the motor vehicle operator is convicted of a violation of
32 any traffic law, other than a violation of the provisions of sections 49-1229
33 or 49-1230, Idaho Code, relating to proof of liability insurance, it shall be
34 an additional infraction for any person motor vehicle operator to violate the
35 provisions of this section, for which a fine of five twenty dollars ($520.00)
36 shall be imposed. A conviction under this section shall not result in viola-
37 tion point counts as prescribed in section 49-326, Idaho Code. In addition, a
38 conviction under this section shall not be deemed to be a moving traffic
39 violation for the purpose of establishing rates of motor vehicle insurance
40 charged by a casualty insurer.
41 (4) The department shall initiate and conduct an educational program, to
42 the extent sufficient private donations or federal funds for this specific
43 purpose are available to the department, to encourage compliance with the pro-
2
1 visions of this section and to publicize the effectiveness of use of safety
2 belts restraints and other occupant restraint devices in reducing risk of harm
3 to occupants of motor vehicles.
4 (5) The department shall evaluate the effectiveness of the provisions of
5 this section and shall include a report of its findings in its annual evalua-
6 tion report on the Idaho Highway Safety Plan which it submits to National
7 Highway Traffic Safety Administration and Federal Highway Administration pur-
8 suant to 23 U.S.C. 402.
9 (6) The failure to use a safety belt restraint shall not be considered
10 under any circumstances as evidence of contributory or comparative negligence,
11 nor shall such failure be admissible as evidence in any civil action with
12 regard to negligence.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Goedde
Seconded by Frasure
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1094
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, in line 9, following "restraint" insert:
3 "or the failure of the motor vehicle operator to ensure that each occupant has
4 a safety restraint in use pursuant to subsection (1) of this section"; and in
5 line 11, following "shall" insert: "any".
6 CORRECTIONS TO TITLE
7 On page 1, in line 8, delete "AND" and insert: ","; and in line 9, follow-
8 ing "LAW" insert: "AND TO PROVIDE THAT FAILURE OF THE MOTOR VEHICLE OPERATOR
9 TO ENSURE PROPER USE OF RESTRAINTS SHALL NOT BE CONSIDERED EVIDENCE OF CON-
10 TRIBUTORY OR COMPARATIVE NEGLIGENCE".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1094, As Amended
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO USE OF SAFETY RESTRAINTS IN MOTOR VEHICLES; AMENDING SECTION
3 49-673, IDAHO CODE, TO PROVIDE THAT THE OPERATOR OF THE MOTOR VEHICLE IS
4 RESPONSIBLE FOR ENSURING THAT EACH OCCUPANT OF THE VEHICLE HAS A PROPERLY
5 FASTENED SAFETY RESTRAINT, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE AN
6 EXCEPTION TO THOSE OCCUPANTS FOR WHOM A SAFETY RESTRAINT IS NOT AVAILABLE
7 BECAUSE ALL SAFETY RESTRAINTS IN THE VEHICLE ARE PROPERLY IN USE BY OTHER
8 OCCUPANTS, TO INCREASE THE FINE FROM FIVE DOLLARS TO TWENTY DOLLARS FOR
9 VIOLATION OF SAFETY RESTRAINT USE LAW AND TO PROVIDE THAT FAILURE OF THE
10 MOTOR VEHICLE OPERATOR TO ENSURE PROPER USE OF RESTRAINTS SHALL NOT BE
11 CONSIDERED EVIDENCE OF CONTRIBUTORY OR COMPARATIVE NEGLIGENCE.
12 Be It Enacted by the Legislature of the State of Idaho:
13 SECTION 1. That Section 49-673, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 49-673. SAFETY RESTRAINT USE. (1) Except as provided in section 49-672,
16 Idaho Code, and subsection (2)(b) of this section, the motor vehicle operator
17 is responsible for ensuring that each occupant of the front a seat of a motor
18 vehicle which has a gross vehicle weight of not more than eight thousand
19 (8,000) pounds, and which was manufactured with safety belts restraints in
20 compliance with federal motor vehicle safety standard no. 208, shall have has
21 a safety belt restraint properly fastened about his body at all times when the
22 vehicle is in motion.
23 (2) The provisions of this section shall not apply to:
24 (a) An occupant of a motor vehicle who possesses a written statement from
25 a licensed physician that he is unable for medical reasons to wear a
26 safety belt restraint;
27 (b) Occupants of motorcycles, implements of husbandry and emergency vehi-
28 cles;
29 (c) Occupants of the front seat of a motor vehicle in which all safety
30 belts restraints are then properly in use by other occupants of that vehi-
31 cle;
32 (d) Mail carriers.
33 (3) If a person the motor vehicle operator is convicted of a violation of
34 any traffic law, other than a violation of the provisions of sections 49-1229
35 or 49-1230, Idaho Code, relating to proof of liability insurance, it shall be
36 an additional infraction for any person motor vehicle operator to violate the
37 provisions of this section, for which a fine of five twenty dollars ($520.00)
38 shall be imposed. A conviction under this section shall not result in viola-
39 tion point counts as prescribed in section 49-326, Idaho Code. In addition, a
40 conviction under this section shall not be deemed to be a moving traffic
41 violation for the purpose of establishing rates of motor vehicle insurance
42 charged by a casualty insurer.
43 (4) The department shall initiate and conduct an educational program, to
2
1 the extent sufficient private donations or federal funds for this specific
2 purpose are available to the department, to encourage compliance with the pro-
3 visions of this section and to publicize the effectiveness of use of safety
4 belts restraints and other occupant restraint devices in reducing risk of harm
5 to occupants of motor vehicles.
6 (5) The department shall evaluate the effectiveness of the provisions of
7 this section and shall include a report of its findings in its annual evalua-
8 tion report on the Idaho Highway Safety Plan which it submits to National
9 Highway Traffic Safety Administration and Federal Highway Administration pur-
10 suant to 23 U.S.C. 402.
11 (6) The failure to use a safety belt restraint or the failure of the
12 motor vehicle operator to ensure that each occupant has a safety restraint in
13 use pursuant to subsection (1) of this section shall not be considered under
14 any circumstances as evidence of contributory or comparative negligence, nor
15 shall any such failure be admissible as evidence in any civil action with
16 regard to negligence.
STATEMENT OF PURPOSE
RS10842C1
Idaho s current seat belt law provides that a motor vehicle
operator who has been convicted of violating a traffic law may
also be cited and convicted for failing to wear a seat belt
(properly known as a safety restraint). A violation remains a
secondary offense. The fine for failing to wear a safety
restraint is five dollars ($5.00), the lowest fine in the United
States.
This legislation increases the fine from five dollars
($5.00) to twenty dollars ($20.00) and requires that all
passengers in the car who have a safety restraint at their seat
wear the restraint also. The fine is non-cumulative i.e., the
failure of one or more passengers to wear restraints still
results in a single twenty dollar ($20.00) fine against the
driver.
This legislation makes no other changes to Idaho s existing
seat belt law.
FISCAL NOTE
This legislation has no impact on the general account. It
may result in an increase in fine revenue.
CONTACT: I-BELT Coalition
Chris Marselle
367 3079
STATEMEWT OF PURPOSE/FISCAL NOTE S 1094
S 1094