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S1360aa...................................................by TRANSPORTATION MOTOR VEHICLES - SAFETY RESTRAINTS - Amends existing law to provide that it is a primary infraction offense for the operator of a motor vehicle to fail to ensure proper safety restraint use by child occupants under the age of fifteen years; to provide that it is a secondary infraction offense punishable by a single fine of $25.00 for the operator of a motor vehicle to fail to ensure safety restraint use by all occupants of the vehicle; and to provide an exception to safety restraint use for occupants of emergency vehicles, but not to include law enforcement officers under normal patrol conditions. 02/01 Senate intro - 1st rdg - to printing 02/04 Rpt prt - to Jud 02/14 Rpt out - to 14th Ord 02/19 Rpt out amen - to engros 02/20 Rpt engros - 1st rdg - to 2nd rdg as amen 02/21 2nd rdg - to 3rd rdg as amen 02/26 3rd rdg as amen - PASSED - 22-13-0 AYES -- Andreason, Bunderson, Burtenshaw, Davis, Deide, Dunklin, Goedde, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Stegner, Stennett, Thorne, Wheeler NAYS -- Boatright, Branch(Bartlett), Brandt, Cameron, Darrington, Frasure, Geddes, Hawkins, Hill, Richardson, Sims, Sorensen, Williams Absent and excused -- None Floor Sponsors - Deide & King-Barrutia Title apvd - to House 02/27 House intro - 1st rdg - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1360 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO SAFETY RESTRAINT USE; AMENDING SECTION 49-673, IDAHO CODE, TO PRO- 3 VIDE THAT IT IS A PRIMARY INFRACTION OFFENSE PUNISHABLE BY A FINE OF 4 TWENTY DOLLARS FOR THE OPERATOR OF A MOTOR VEHICLE TO FAIL TO ENSURE 5 SAFETY RESTRAINT USE BY ALL OCCUPANTS OF THE VEHICLE IN ACCORDANCE WITH 6 LAW, TO PROVIDE AN EXCEPTION TO SAFETY RESTRAINT USE FOR OCCUPANTS OF 7 EMERGENCY VEHICLES BUT NOT TO INCLUDE LAW ENFORCEMENT OFFICERS UNDER NOR- 8 MAL PATROL CONDITIONS, TO PROVIDE PROPER TERMINOLOGY AND TO MAKE TECHNICAL 9 CORRECTIONS. 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, each occupantof the front15seatof a motor vehicle which has a gross vehicle weight of not more than 16 eight thousand (8,000) pounds, and which was manufactured with safetybelts17 restraints in compliance with federal motor vehicle safety standard no. 208, 18 shall have a safetybeltrestraint properly fastened about his body at all 19 times when the vehicle is in motion. 20 (2) The provisions of this section shall not apply to: 21 (a) An occupant of a motor vehicle who possesses a written statement from 22 a licensed physician that he is unable for medical reasons to wear a 23 safetybeltrestraint; 24 (b) Occupants of motorcycles, implements of husbandry and emergency vehi- 25 cles; 26 (c) Occupants ofthe frontseats of a motor vehicle in which all safety 27beltsrestraints are then properly in use by other occupants of that vehi- 28 cle; 29 (d) Mail carriers; or 30 (e) Occupants of emergency vehicles except law enforcement officers oper- 31 ating a motor vehicle under normal patrol conditions. 32 (3)If a person is convicted of a violation of any traffic law, other33than a violation of the provisions of sections 49-1229 or 49-1230, Idaho Code,34relating to proof of liability insurance, it shall be an additional infraction35for any person to violate the provisions of this section, for which a fine of36five dollars ($5.00) shall be imposedIt is an infraction punishable by a fine 37 of twenty dollars ($20.00) for any person to operate a vehicle in violation of 38 subsection (1) of this section. A conviction under this section shall not 39 result in violation point counts as prescribed in section 49-326, Idaho Code. 40 In addition, a conviction under this section shall not be deemed to be a 41 moving traffic violation for the purpose of establishing rates of motor vehi- 42 cle insurance 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 4beltsrestraints and other restraint devices in reducing risk of harm to occu- 5 pants 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. section 402. 11 (6) The failure to use a safetybeltrestraint shall not be considered 12 under any circumstances as evidence of contributory or comparative negligence, 13 nor shall such failure be admissible as evidence in any civil action with 14 regard to negligence.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002Moved by Barrutia Seconded by Stegner IN THE SENATE SENATE AMENDMENTS TO S.B. NO. 1360 1 AMENDMENT TO THE BILL 2 On page 1, following line 10, insert: 3 "SECTION 1. That Section 49-672, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 49-672. PASSENGER SAFETY FOR CHILDREN. (1) No noncommercial motor vehicle 6 operator shall transport a child who: 7 (a) Iis under the age of four (4) yearsandor weighs less than forty 8 (40) pounds in a motor vehicle manufactured withseat beltssafety 9 restraints after January 1, 1966, unless the child is properly restrained 10 in a car safety seat that meets the requirements of federal motor vehicle 11 safety standard no. 213; or 12 (b) Is four (4) years of age or older but under fifteen (15) years of age 13 and weighs forty (40) pounds or more in a motor vehicle manufactured with 14 safety restraints after January 1, 1966, unless the child is properly 15 restrained in a safety restraint that meets the requirements of federal 16 motor vehicle safety standard no. 208. 17 (2) The provisions of this section shall not apply: 18 (a) If all of the motor vehicle'sseat beltssafety restraints are in 19 use, but in such an event any unrestrained child to which this section 20 applies shall be placed in the rear seat of the motor vehicle, if it is so 21 equipped; or 22 (b) When the child is removed from the car safety seat and held by the 23 attendant for the purpose of nursing the child or attending the child's 24 other immediate physiological needs. 25 (23) The failure to use a child safety seat shall not be considered under 26 any circumstances as evidence of contributory negligence, nor shall such fail- 27 ure be admissible as evidence in any civil action with regard to negligence."; 28 and in line 11, delete "SECTION 1" and insert: "SECTION 2". 29 CORRECTIONS TO TITLE 30 On page 1, in line 2, following "USE;" insert: "AMENDING SECTION 49-672, 31 IDAHO CODE, TO PROVIDE THAT IT IS A PRIMARY INFRACTION OFFENSE FOR THE OPERA- 32 TOR OF A MOTOR VEHICLE TO FAIL TO ENSURE PROPER SAFETY RESTRAINT USE BY CHILD 33 OCCUPANTS WHO ARE UNDER A SPECIFIED AGE AND TO PROVIDE CORRECT TERMINOLOGY; 34 AND"; and delete lines 3 through 5, and insert: "VIDE THAT OCCUPANTS OF MOTOR 35 VEHICLES WHO FAIL TO FASTEN SAFETY RESTRAINTS IN ACCORDANCE WITH LAW MAY BE 36 SUBJECT TO A TWENTY DOLLAR FINE, TO PROVIDE THAT ENFORCEMENT MAY BE ACCOM- 37 PLISHED ONLY AS A SECONDARY ACTION WHEN THE OPERATOR OF THE MOTOR VEHICLE HAS 38 BEEN DETAINED FOR A SUSPECTED VIOLATION OF ANOTHER". Moved by Sorensen Seconded by Lodge 2 IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1360 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 24, delete "motorcycles," and 3 insert: "motorcycles,and"; also in line 24, delete "husbandry and emergency 4 vehi-" and insert: "husbandry;and emergency vehi-"; delete line 25 and 5 insert: "cles;"; delete lines 32 through 37 and insert: "(3) Ifa personthe 6 operator of a motor vehicle is convicted of a violation of any traffic law, 7 other than a violation of the provisions of sections49-1229 or 49-1230, Idaho 8 Code, relating to proof of liability insurance, it shall be an additional 9 infractionfor any person to violate the provisions ofif any occupant of the 10 motor vehicle is not using a safety restraint as required in this section, for 11 which a single fine of twenty-five dollars ($25.00) shall be imposed upon the 12 operator"; and in line 38, delete "subsection (1) of this section". 13 CORRECTIONS TO TITLE 14 On page 1, in line 3, delete "PRIMARY" and insert: "SECONDARY"; also in 15 line 3, following "BY A" insert: "SINGLE"; and in line 4, delete "TWENTY" and 16 insert: "TWENTY-FIVE".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1360, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO SAFETY RESTRAINT USE; AMENDING SECTION 49-672, IDAHO CODE, TO PRO- 3 VIDE THAT IT IS A PRIMARY INFRACTION OFFENSE FOR THE OPERATOR OF A MOTOR 4 VEHICLE TO FAIL TO ENSURE PROPER SAFETY RESTRAINT USE BY CHILD OCCUPANTS 5 WHO ARE UNDER A SPECIFIED AGE AND TO PROVIDE CORRECT TERMINOLOGY; AND 6 AMENDING SECTION 49-673, IDAHO CODE, TO PROVIDE THAT IT IS A SECONDARY 7 INFRACTION OFFENSE PUNISHABLE BY A SINGLE FINE OF TWENTY-FIVE DOLLARS FOR 8 THE OPERATOR OF A MOTOR VEHICLE TO FAIL TO ENSURE SAFETY RESTRAINT USE BY 9 ALL OCCUPANTS OF THE VEHICLE IN ACCORDANCE WITH LAW, TO PROVIDE AN EXCEP- 10 TION TO SAFETY RESTRAINT USE FOR OCCUPANTS OF EMERGENCY VEHICLES BUT NOT 11 TO INCLUDE LAW ENFORCEMENT OFFICERS UNDER NORMAL PATROL CONDITIONS, TO 12 PROVIDE PROPER TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 49-672, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 49-672. PASSENGER SAFETY FOR CHILDREN. (1) No noncommercial motor vehicle 17 operator shall transport a child who: 18 (a) Iis under the age of four (4) yearsandor weighs less than forty 19 (40) pounds in a motor vehicle manufactured withseat beltssafety 20 restraints after January 1, 1966, unless the child is properly restrained 21 in a car safety seat that meets the requirements of federal motor vehicle 22 safety standard no. 213; or 23 (b) Is four (4) years of age or older but under fifteen (15) years of age 24 and weighs forty (40) pounds or more in a motor vehicle manufactured with 25 safety restraints after January 1, 1966, unless the child is properly 26 restrained in a safety restraint that meets the requirements of federal 27 motor vehicle safety standard no. 208. 28 (2) The provisions of this section shall not apply: 29 (a) If all of the motor vehicle'sseat beltssafety restraints are in 30 use, but in such an event any unrestrained child to which this section 31 applies shall be placed in the rear seat of the motor vehicle, if it is so 32 equipped; or 33 (b) When the child is removed from the car safety seat and held by the 34 attendant for the purpose of nursing the child or attending the child's 35 other immediate physiological needs. 36 (23) The failure to use a child safety seat shall not be considered under 37 any circumstances as evidence of contributory negligence, nor shall such fail- 38 ure be admissible as evidence in any civil action with regard to negligence. 39 SECTION 2. That Section 49-673, Idaho Code, be, and the same is hereby 40 amended to read as follows: 41 49-673. SAFETY RESTRAINT USE. (1) Except as provided in section 49-672, ||| 2 1 Idaho Code, and subsection (2)(b)of this section, each occupantof the front2seatof a motor vehicle which has a gross vehicle weight of not more than 3 eight thousand (8,000) pounds, and which was manufactured with safetybelts4 restraints in compliance with federal motor vehicle safety standard no. 208, 5 shall have a safetybeltrestraint properly fastened about his body at all 6 times when the vehicle is in motion. 7 (2) The provisions of this section shall not apply to: 8 (a) An occupant of a motor vehicle who possesses a written statement from 9 a licensed physician that he is unable for medical reasons to wear a 10 safetybeltrestraint; 11 (b) Occupants of motorcycles,and implements of husbandry;and emergency12vehicles;13 (c) Occupants ofthe frontseats of a motor vehicle in which all safety 14beltsrestraints are then properly in use by other occupants of that vehi- 15 cle; 16 (d) Mail carriers; or 17 (e) Occupants of emergency vehicles except law enforcement officers oper- 18 ating a motor vehicle under normal patrol conditions. 19 (3) Ifa personthe operator of a motor vehicle is convicted of a viola- 20 tion of any traffic law, other than a violation of the provisions of sections21 49-1229 or 49-1230, Idaho Code, relating to proof of liability insurance, it 22 shall be an additional infractionfor any person to violate the provisions of23 if any occupant of the motor vehicle is not using a safety restraint as 24 required in this section, for which a single fine of twenty-five dollars 25 ($25.00) shall be imposed upon the operator. A conviction under this section 26 shall not result in violation point counts as prescribed in section 49-326, 27 Idaho Code. In addition, a conviction under this section shall not be deemed 28 to be a moving traffic violation for the purpose of establishing rates of 29 motor vehicle insurance charged by a casualty insurer. 30 (4) The department shall initiate and conduct an educational program, to 31 the extent sufficient private donations or federal funds for this specific 32 purpose are available to the department, to encourage compliance with the pro- 33 visions of this section and to publicize the effectiveness of use of safety 34beltsrestraints and other restraint devices in reducing risk of harm to occu- 35 pants of motor vehicles. 36 (5) The department shall evaluate the effectiveness of the provisions of 37 this section and shall include a report of its findings in its annual evalua- 38 tion report on the Idaho Highway Safety Plan which it submits to National 39 Highway Traffic Safety Administration and Federal Highway Administration pur- 40 suant to 23 U.S.C. section 402. 41 (6) The failure to use a safetybeltrestraint shall not be considered 42 under any circumstances as evidence of contributory or comparative negligence, 43 nor shall such failure be admissible as evidence in any civil action with 44 regard to negligence.
STATEMENT OF PURPOSE RS 11708C1 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 safety restraints at their seats wear the restraints 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 it a primary infraction for the operator to fail to ensure that all occupants use safety restraints. FISCAL IMPACT This legislation has no impact on the general account. It may result in an increase in fine revenue. Contact Name: Senator Deide and Senator King-Barrutia Phone: 332-1328 (Deide) 332-1347 (King-Barrutia) STATEMENT OF PURPOSE/FISCAL NOTE S 1360