HF 319

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to motor vehicles; requiring motor vehicle
drivers to restrain child passengers under nine years
of age with appropriate child restraint system;
amending Minnesota Statutes 2004, section 169.685,
subdivision 5.

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

Section 1.

Minnesota Statutes 2004, section 169.685,
subdivision 5, is amended to read:

Subd. 5.

Violation; petty misdemeanor.

(a) Every motor
vehicle operator, when transporting a child under the age of
deleted text begin four deleted text end new text begin nine and weighing less than 80 pounds new text end 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 under the age of deleted text begin four deleted text end new text begin nine and weighing less than 80
pounds new text end 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. new text begin The driver of
a vehicle shall additionally restrain children under the age of
nine as follows:
new text end

new text begin (1) a child less than one year of age weighing less than 20
pounds must be properly restrained in a rear-facing child
restraint system;
new text end

new text begin (2) a child under the age of nine and weighing 80 pounds or
more must be restrained in a properly adjusted seat belt system;
new text end

new text begin (3) a child under the age of nine must sit in the back seat
unless the vehicle has no forward-facing back seat, all seating
positions in the back are being used by children under the age
of nine, or the child restraint cannot be installed properly in
the back seat; and
new text end

new text begin (4) a child under the age of nine and weighing 40 pounds or
more may wear a lap-only seat belt in the rear seat if there are
no shoulder belts in the back seat or if all of the shoulder
belts in the back seat are being used by children weighing 40
pounds or more and under the age of 16.
new text end

new text begin (c) An operator of a pickup truck or sports utility vehicle
who transports a child under the age of nine on the streets and
highways of this state at a speed greater than 15 miles per hour
shall transport the child within the vehicle's passenger
compartment.
new text end

new text begin (d) new text end 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 new text begin for the
first violation new text end 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.

deleted text begin (c) deleted text end new text begin (e) new text end 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.