HF 735

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to highway traffic regulations; prescribing 
  1.3             restraint requirements for persons under age nine in 
  1.4             passenger motor vehicles; increasing penalties for 
  1.5             violation of child restraint law; extending seat belt 
  1.6             use requirement to passengers under age 18 in all 
  1.7             seats of a passenger motor vehicle; repealing certain 
  1.8             exemptions from seat belt use requirement; amending 
  1.9             Minnesota Statutes 2000, sections 169.685, subdivision 
  1.10            5; 169.686, subdivisions 1, 2. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2000, section 169.685, 
  1.13  subdivision 5, is amended to read: 
  1.14     Subd. 5.  [VIOLATION; PETTY MISDEMEANOR.] (a) Every motor 
  1.15  vehicle operator, when transporting a child who is under the age 
  1.16  of four nine and weighs less than 80 pounds on the streets and 
  1.17  highways of this state in a motor vehicle equipped with 
  1.18  factory-installed seat belts, shall equip and install for use in 
  1.19  the motor vehicle, according to the manufacturer's instructions, 
  1.20  a child passenger restraint system meeting federal motor vehicle 
  1.21  safety standards.  
  1.22     (b) No motor vehicle operator who is operating a motor 
  1.23  vehicle on the streets and highways of this state may transport 
  1.24  a child under the age of one year in a seat of a motor vehicle 
  1.25  equipped with a factory-installed seat belt unless the child is 
  1.26  properly restrained in a rear-facing child passenger restraint 
  1.27  system. 
  1.28     (c) No motor vehicle operator who is operating a motor 
  2.1   vehicle on the streets and highways of this state may transport 
  2.2   a child who is under the age of four nine and weighs less than 
  2.3   80 pounds in a seat of a motor vehicle equipped with a 
  2.4   factory-installed seat belt, unless the child is properly 
  2.5   fastened in the a child passenger restraint system.  
  2.6      (d) No motor vehicle operator who is operating a motor 
  2.7   vehicle on the streets and highways of this state may transport 
  2.8   a child who is under the age of nine and who weighs 80 pounds or 
  2.9   more in a seat of a motor vehicle equipped with a 
  2.10  factory-installed seat belt unless the child is wearing a seat 
  2.11  belt, and a shoulder harness if available.  
  2.12     (e) Any motor vehicle operator who violates this 
  2.13  subdivision is guilty of a petty misdemeanor and may be 
  2.14  sentenced to pay a fine of not more than $50 $75.  The fine may 
  2.15  be waived or the amount reduced if (1) the motor vehicle 
  2.16  operator's driving record shows no previous violations of this 
  2.17  subdivision, and (2) the motor vehicle operator produces 
  2.18  evidence that within 14 days after the date of the violation a 
  2.19  child passenger restraint system meeting federal motor vehicle 
  2.20  safety standards was purchased or obtained for the exclusive use 
  2.21  of the operator.  
  2.22     (c) (f) The fines collected for violations of this 
  2.23  subdivision must be deposited in the state treasury and credited 
  2.24  to a special account to be known as the Minnesota child 
  2.25  passenger restraint and education account. 
  2.26     Sec. 2.  Minnesota Statutes 2000, section 169.686, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
  2.29  adjusted and fastened seat belt, including both the shoulder and 
  2.30  lap belt when the vehicle is so equipped, shall be worn by: 
  2.31     (1) the driver of a passenger vehicle or commercial motor 
  2.32  vehicle; 
  2.33     (2) a passenger riding in the front seat of a passenger 
  2.34  vehicle or commercial motor vehicle; and 
  2.35     (3) a passenger riding in any seat of a passenger vehicle 
  2.36  who is older than three nine but younger than 11 18 years of 
  3.1   age. 
  3.2      (b) A person who is 15 years of age or older and who 
  3.3   violates paragraph (a), clause (1) or (2), is subject to a fine 
  3.4   of $25.  The driver of the passenger vehicle or commercial motor 
  3.5   vehicle in which the violation occurred is subject to a $25 fine 
  3.6   for a violation of paragraph (a), clause (2) or (3), by a child 
  3.7   of the driver under the age of 15 or any child under the age of 
  3.8   11.  A peace officer may not issue a citation for a violation of 
  3.9   this section unless the officer lawfully stopped or detained the 
  3.10  driver of the motor vehicle for a moving violation other than a 
  3.11  violation involving motor vehicle equipment.  The department of 
  3.12  public safety shall not record a violation of this subdivision 
  3.13  on a person's driving record. 
  3.14     Sec. 3.  Minnesota Statutes 2000, section 169.686, 
  3.15  subdivision 2, is amended to read: 
  3.16     Subd. 2.  [SEAT BELT EXEMPTIONS.] This section shall not 
  3.17  apply to: 
  3.18     (1) a person driving a passenger vehicle in reverse; 
  3.19     (2) a person riding in a seat in which all the seating 
  3.20  positions equipped with safety belts are occupied by other 
  3.21  persons; 
  3.22     (3) a person who is in possession of a written certificate 
  3.23  from a licensed physician verifying that because of medical 
  3.24  unfitness or physical disability the person is unable to wear a 
  3.25  seat belt; 
  3.26     (4) (2) a person who is actually engaged in work that 
  3.27  requires the person to alight from and reenter a passenger 
  3.28  vehicle at frequent intervals and who, while engaged in that 
  3.29  work, does not drive or travel in that vehicle at a speed 
  3.30  exceeding 25 miles per hour; 
  3.31     (5) (3) a rural mail carrier of the United States Postal 
  3.32  Service while in the performance of duties; 
  3.33     (6) (4) a person driving or riding in a passenger vehicle 
  3.34  manufactured before January 1, 1965; and 
  3.35     (7) (5) a person driving or riding in a pickup truck, as 
  3.36  defined in section 168.011, subdivision 29, while engaged in 
  4.1   normal farming work or activity. 
  4.2      Sec. 4.  [EFFECTIVE DATE.] 
  4.3      Sections 1 to 3 are effective August 1, 2001, and apply to 
  4.4   violations committed on and after that date.