HF 1214

as introduced - 87th Legislature (2011 - 2012) Posted on 03/21/2011 09:29am

A bill for an act
relating to public safety; modifying provisions relating to child passenger restraint
systems; amending Minnesota Statutes 2010, section 169.685, subdivision 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 169.685, subdivision 6, is amended to read:

Subd. 6.

Exceptions.

(a) This section does not apply to:

(1) a person transporting a child in an emergency medical vehicle while in the
performance of official duties and when the physical or medical needs of the child make
the use of a child passenger restraint system unreasonable or when a child passenger
restraint system is not available;

(2) a peace officer transporting a child while in the performance of official duties
and when a child passenger restraint system is not available, provided that a seat belt
must be substituted;

(3) a person while operating a motor vehicle for hire, including a taxi, airport
limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle; new text begin and
new text end

(4) a person while operating a school bus deleted text begin ; and deleted text end new text begin that has a gross vehicle weight rating
of greater than 10,000 pounds.
new text end

deleted text begin (5) a person while operating a type III vehicle described in section 169.011,
subdivision 71, paragraph (h), if the vehicle meets the seating and crash protection
requirements of Federal Motor Vehicle Safety Standard 222, Code of Federal Regulations,
title 49, part 571.
deleted text end

(b) A child passenger restraint system is not required for a child who cannot, in the
judgment of a licensed physician, be safely transported in a child passenger restraint
system because of a medical condition, body size, or physical disability. A motor vehicle
operator claiming exemption for a child under this paragraph must possess a typewritten
statement from the physician stating that the child cannot be safely transported in a child
passenger restraint system. The statement must give the name and birth date of the child,
be dated within the previous six months, and be made on the physician's letterhead or
contain the physician's name, address, and telephone number. A person charged with
violating subdivision 5 may not be convicted if the person produces the physician's
statement in court or in the office of the arresting officer.

(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
restraint device to a customer renting or leasing the motor vehicle who requests the device.
A reasonable rent or fee may be charged for use of the child passenger restraint device.