as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to traffic regulations; making seat belt 1.3 violation a primary offense; requiring all passengers 1.4 to wear a seat belt; imposing petty misdemeanor 1.5 penalty; amending Minnesota Statutes 2002, sections 1.6 169.686, subdivision 1; 171.055, subdivision 2. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2002, section 169.686, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [SEAT BELT REQUIREMENT.] (a) A properly 1.11 adjusted and fastened seat belt, including both the shoulder and 1.12 lap belt when the vehicle is so equipped, shall be worn by:1.13(1)the driver and passengers of a passenger vehicle or 1.14 commercial motor vehicle;1.15(2) a passenger riding in the front seat of a passenger1.16vehicle or commercial motor vehicle; and1.17(3) a passenger riding in any seat of a passenger vehicle1.18who is older than three but younger than 11 years of age. 1.19 (b) A person who is 15 years of age or older and who 1.20 violates paragraph (a), clause (1) or (2),issubject to a fine1.21of $25guilty of a petty misdemeanor. The driver of 1.22 thepassenger vehicle or commercial motorvehicle in which the 1.23 violation occurred issubject to a $25 fineguilty of a petty 1.24 misdemeanor for a violation of paragraph (a), clause (2) or (3),1.25 by achild of the driverpassenger under the age of 15or any1.26child under the age of 11. A peace officer may not issue a2.1citation for a violation of this section unless the officer2.2lawfully stopped or detained the driver of the motor vehicle for2.3a moving violation other than a violation involving motor2.4vehicle equipment. The department of public safety shall not 2.5 record a violation of this subdivision on a person's driving 2.6 record. 2.7 Sec. 2. Minnesota Statutes 2002, section 171.055, 2.8 subdivision 2, is amended to read: 2.9 Subd. 2. [USE OF PROVISIONAL LICENSE.] (a) A provisional 2.10 license holder may operate a motor vehicle only when every 2.11 occupantunder the age of 18has a seat belt or child passenger 2.12 restraint system properly fastened according to sections 169.685 2.13 and 169.686. A person who violates this paragraph issubject to2.14a fine of $25guilty of a petty misdemeanor.A peace officer2.15may not issue a citation for a violation of this paragraph2.16unless the officer lawfully stopped or detained the driver of2.17the motor vehicle for a moving violation as defined in section2.18171.04.The commissioner shall not record a violation of this 2.19 paragraph on a person's driving record. 2.20 (b) If the holder of a provisional license during the 2.21 period of provisional licensing incurs (1) a conviction for a 2.22 violation of section 169A.20, 169A.33, 169A.35, or sections 2.23 169A.50 to 169A.53, (2) a conviction for a crash-related moving 2.24 violation as defined in section 171.04, or (3) more than one 2.25 conviction for a moving violation that is not crash related, the 2.26 person may not be issued a driver's license until 12 consecutive 2.27 months have expired since the date of the conviction or until 2.28 the person reaches the age of 18 years, whichever occurs first.