HF 4649

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 02:44pm

A bill for an act
relating to public safety; modifying child passenger restraint provisions; amending
Minnesota Statutes 2022, section 169.685, by adding a subdivision; repealing
Minnesota Statutes 2022, section 169.685, subdivision 5.

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

Section 1.

Minnesota Statutes 2022, section 169.685, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Child passenger restraint systems. new text end

new text begin (a) Except as provided in paragraphs (c)
and (d), every driver in this state who transports a child or children under the age of 18 years
in a motor vehicle that is in motion and is required by federal safety standards to be equipped
with a safety belt system or lower anchors and tethers for children in a passenger seating
position must have the child or children properly restrained according to the vehicle and
child safety seat manufacturer's instructions as follows:
new text end

new text begin (1) a child who is younger than two years of age must be restrained in a rear-facing child
restraint system that complies with all applicable federal regulations until the child reaches
the weight or height limit of the child restraint system as established by the manufacturer;
new text end

new text begin (2) a child who is at least two years of age or older and has reached the rear-facing weight
or height limits of the child restraint system as established by the manufacturer must be
restrained in a forward-facing child restraint system with an internal harness until the child
reaches the weight or height limit of the child restraint system established by the
manufacturer;
new text end

new text begin (3) a child who is at least four years of age and has reached the forward-facing weight
or height limits of the child restraint system established by the manufacturer must be
restrained in a belt-positioning child booster seat and secured with a vehicle lap-shoulder
seat belt according to the manufacturer's instructions;
new text end

new text begin (4) a child who is at least nine years of age or has reached the weight or height limits of
a child restraint system or belt-positioning child booster seat established by the manufacturer
must be restrained with the motor vehicle's adult safety belt adjusted and fastened around
the child's body to fit correctly. The adult safety belt fits correctly when the child sits all
the way back against the vehicle seat, the child's knees bend over the edge of the vehicle
seat, the belt fits snugly across the child's thighs and lower hips and not the child's abdomen,
and the shoulder strap snugly crosses the center of the child's chest and not the child's neck;
new text end

new text begin (5) a child who is younger than 13 years of age must be transported in the rear seat of a
motor vehicle, when available, in a properly used child restraint system, belt-positioning
child booster seat, or adult safety belt that complies with all applicable federal regulations;
and
new text end

new text begin (6) a child who, because of age or weight, can be placed in more than one category under
this paragraph must be placed in the more protective category.
new text end

new text begin (b) For purposes of this subdivision, the following terms have the meanings given:
new text end

new text begin (1) "child booster seat" means a child passenger restraint system that meets the Federal
Motor Vehicle Safety Standards and is designed to elevate a child to properly sit in a federally
approved safety belt system;
new text end

new text begin (2) "child restraint system" means a lap belt, shoulder harness, or an age- or
size-appropriate child safety seat as required by this section; and
new text end

new text begin (3) "motor vehicle" does not include the following: bicycle; farm tractor; motorcycle or
motor-driven cycle; truck with a manufacturer-rated carrying capacity of more than 2,000
pounds; ambulance or other emergency vehicle; school bus; church bus, private bus, or
recreational vehicle that has a passenger capacity of more than ten persons; or commercial
truck, van, or taxi.
new text end

new text begin (c) When a motor vehicle is equipped with a passenger side air bag supplemental restraint
system and the air bag system is activated, the driver of a motor vehicle transporting a child
who is younger than six years of age or weighs less than 60 pounds must transport the child
in a rear seat, if rear seats are available.
new text end

new text begin (d) When the number of children under the age of 13 years in the motor vehicle exceeds
the number of age- or size-appropriate passenger restraint systems and seat belts available
in the motor vehicle, the unrestrained children must be seated in a rear seat, if rear seats are
available.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 169.685, subdivision 5, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 24-05373

169.685 SEAT BELT; PASSENGER RESTRAINT SYSTEM FOR CHILDREN.

Subd. 5.

Violation; petty misdemeanor.

(a) Every motor vehicle operator, when transporting a child who is both under the age of eight and shorter than four feet nine inches on the streets and highways of this state in a motor vehicle equipped with factory-installed seat belts, shall equip and install for use in the motor vehicle, according to the manufacturer's instructions, a child passenger restraint system meeting federal motor vehicle safety standards.

(b) No motor vehicle operator who is operating a motor vehicle on the streets and highways of this state may transport a child who is both under the age of eight and shorter than four feet nine inches in a seat of a motor vehicle equipped with a factory-installed seat belt, unless the child is properly fastened in the child passenger restraint system. Any motor vehicle operator who violates this subdivision is guilty of a petty misdemeanor and may be sentenced to pay a fine of not more than $50. The fine may be waived or the amount reduced if the motor vehicle operator produces evidence that within 14 days after the date of the violation a child passenger restraint system meeting federal motor vehicle safety standards was purchased or obtained for the exclusive use of the operator.

(c) At the time of issuance of a citation under this subdivision, a peace officer may provide to the violator information on obtaining a free or low-cost child passenger restraint system.

(d) The fines collected for violations of this subdivision must be deposited in the state treasury and credited to a special account to be known as the Minnesota child passenger restraint and education account.

(e) For the purposes of this section, "child passenger restraint system" means any device that meets the standards of the United States Department of Transportation; is designed to restrain, seat, or position children; and includes a booster seat.