2002 Legislation
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SENATE BILL NO. 1360 – MV operator, safety restraints

SENATE BILL NO. 1360

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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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact


                  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