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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 - 2002
IN 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 occupant of the front
15 seat of a motor vehicle which has a gross vehicle weight of not more than
16 eight thousand (8,000) pounds, and which was manufactured with safety belts
17 restraints in compliance with federal motor vehicle safety standard no. 208,
18 shall have a safety belt restraint 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 safety belt restraint;
24 (b) Occupants of motorcycles, implements of husbandry and emergency vehi-
25 cles;
26 (c) Occupants of the front seats of a motor vehicle in which all safety
27 belts restraints 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, other
33 than a violation of the provisions of sections 49-1229 or 49-1230, Idaho Code,
34 relating to proof of liability insurance, it shall be an additional infraction
35 for any person to violate the provisions of this section, for which a fine of
36 five dollars ($5.00) shall be imposed It 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
4 belts restraints 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 safety belt restraint 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 - 2002
Moved 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) years and or weighs less than forty
8 (40) pounds in a motor vehicle manufactured with seat belts safety
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's seat belts safety 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) If a person the
6 operator of a motor vehicle is convicted of a violation of any traffic law,
7 other than a violation of the provisions of sections 49-1229 or 49-1230, Idaho
8 Code, relating to proof of liability insurance, it shall be an additional
9 infraction for any person to violate the provisions of if 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 - 2002
IN 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) years and or weighs less than forty
19 (40) pounds in a motor vehicle manufactured with seat belts safety
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's seat belts safety 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 occupant of the front
2 seat of a motor vehicle which has a gross vehicle weight of not more than
3 eight thousand (8,000) pounds, and which was manufactured with safety belts
4 restraints in compliance with federal motor vehicle safety standard no. 208,
5 shall have a safety belt restraint 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 safety belt restraint;
11 (b) Occupants of motorcycles, and implements of husbandry; and emergency
12 vehicles;
13 (c) Occupants of the front seats of a motor vehicle in which all safety
14 belts restraints 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) If a person the operator of a motor vehicle is convicted of a viola-
20 tion of any traffic law, other than a violation of the provisions of sections
21 49-1229 or 49-1230, Idaho Code, relating to proof of liability insurance, it
22 shall be an additional infraction for any person to violate the provisions of
23 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
34 belts restraints 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 safety belt restraint 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