SF 298

2nd 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;
requiring commissioner of public safety to conduct
awareness campaign; amending Minnesota Statutes 2004,
sections 169.685, subdivision 5; 169.686, subdivision
1.

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 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 deleted text begin a special account to be known as deleted text end the Minnesota child
passenger restraint and education account.

new text begin When issuing a citation for violation of this section, an
officer shall provide to the vehicle operator written
information identifying a source of no-cost child restraint
equipment for individuals in financial need, if the vehicle does
not contain child-restraint equipment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 169.686,
subdivision 1, is amended to read:

Subdivision 1.

Seat belt requirement.

(a) A properly
adjusted and fastened seat belt, including both the shoulder and
lap belt when the vehicle is so equipped, shall be worn by:

(1) the driver of a passenger vehicle or commercial motor
vehicle;

(2) a passenger riding in the front seat of a passenger
vehicle or commercial motor vehicle; and

(3) a passenger riding in any seat of a passenger vehicle
who is older than deleted text begin three deleted text end new text begin eight new text end but younger than 11 years of age.

(b) A person who is 15 years of age or older and who
violates paragraph (a), clause (1) or (2), is subject to a fine
of $25. The driver of the passenger vehicle or commercial motor
vehicle in which the violation occurred is subject to a $25 fine
for a violation of paragraph (a), clause (2) or (3), by a child
of the driver under the age of 15 or any child under the age of
11. A peace officer may not issue a citation for a violation of
this section unless the officer lawfully stopped or detained the
driver of the motor vehicle for a moving violation other than a
violation involving motor vehicle equipment. The Department of
Public Safety shall not record a violation of this subdivision
on a person's driving record.

Sec. 3. new text begin CHILD PASSENGER RESTRAINT LAW AWARENESS
CAMPAIGN.
new text end

new text begin The commissioner of public safety shall conduct a child
passenger restraint law awareness campaign by developing and
distributing education materials, making public service
announcements through mass media throughout the state, and
implementing other education and awareness activities to educate
the public about state laws concerning child restraint in
vehicles and to inform individuals in financial need how to
obtain child restraint systems at no cost.
new text end