SF 122

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

1.1A bill for an act

1.2relating to traffic regulations; requiring passenger restraint for children under the
1.3age of eight in motor vehicles; amending Minnesota Statutes 2006, sections
1.4169.685, subdivisions 5, 6; 169.686, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2006, section 169.685, subdivision 5, is amended to read:
1.7    Subd. 5. Violation; petty misdemeanor. (a) Every motor vehicle operator, when
1.8transporting a child under the age of four eight on the streets and highways of this state
1.9in a motor vehicle equipped with factory-installed seat belts, shall equip and install for
1.10use in the motor vehicle, according to the manufacturer's instructions, a child passenger
1.11restraint system meeting federal motor vehicle safety standards.
1.12(b) No motor vehicle operator who is operating a motor vehicle on the streets and
1.13highways of this state may transport a child under the age of four eight in a seat of a motor
1.14vehicle equipped with a factory-installed seat belt, unless the child is properly fastened
1.15in the child passenger restraint system. Any motor vehicle operator who violates this
1.16subdivision is guilty of a petty misdemeanor and may be sentenced to pay a fine of not
1.17more than $50. The fine may must be waived or the amount reduced if the motor vehicle
1.18operator produces evidence that within 14 days after the date of the violation a child
1.19passenger restraint system meeting federal motor vehicle safety standards was purchased
1.20or obtained for the exclusive use of the operator.
1.21(c) The fines collected for violations of this subdivision must be deposited in the
1.22state treasury and credited to a special account to be known as the Minnesota child
1.23passenger restraint and education account.

2.1    Sec. 2. Minnesota Statutes 2006, section 169.685, subdivision 6, is amended to read:
2.2    Subd. 6. Exceptions. (a) This section does not apply to:
2.3    (1) a person transporting a child in an emergency medical vehicle while in the
2.4performance of official duties and when the physical or medical needs of the child make
2.5the use of a child passenger restraint system unreasonable or when a child passenger
2.6restraint system is not available; and
2.7    (2) a peace officer transporting a child while in the performance of official duties
2.8and when a child passenger restraint system is not available, provided that a seat belt
2.9must be substituted; and
2.10    (3) a person while operating a motor vehicle for hire, including a taxi, airport
2.11limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle.
2.12    (b) A child passenger restraint system is not required for a child who cannot, in the
2.13judgment of a licensed physician, be safely transported in a child passenger restraint
2.14system because of a medical condition, body size, or physical disability. A motor vehicle
2.15operator claiming exemption for a child under this paragraph must possess a typewritten
2.16statement from the physician stating that the child cannot be safely transported in a child
2.17passenger restraint system. The statement must give the name and birth date of the child,
2.18be dated within the previous six months, and be made on the physician's letterhead or
2.19contain the physician's name, address, and telephone number. A person charged with
2.20violating subdivision 5 may not be convicted if the person produces the physician's
2.21statement in court or in the office of the arresting officer.
2.22    (c) A person offering a motor vehicle for rent or lease shall provide a child passenger
2.23restraint device to a customer renting or leasing the motor vehicle who requests the device.
2.24A reasonable rent or fee may be charged for use of the child passenger restraint device.

2.25    Sec. 3. Minnesota Statutes 2006, section 169.686, subdivision 1, is amended to read:
2.26    Subdivision 1. Seat belt requirement. (a) A properly adjusted and fastened seat
2.27belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be
2.28worn by:
2.29    (1) the driver of a passenger vehicle or commercial motor vehicle;
2.30    (2) a passenger riding in the front seat of a passenger vehicle or commercial motor
2.31vehicle; and
2.32    (3) a passenger riding in any seat of a passenger vehicle who is eight years of age or
2.33older than three but younger than 11 years of age.
2.34    (b) A person who is 15 years of age or older and who violates paragraph (a), clause
2.35(1) or (2), is subject to a fine of $25. The driver of the passenger vehicle or commercial
3.1motor vehicle in which the violation occurred is subject to a $25 fine for a violation of
3.2paragraph (a), clause (2) or (3), by a child of the driver under the age of 15 or any child
3.3under the age of 11. A peace officer may not issue a citation for a violation of this section
3.4unless the officer lawfully stopped or detained the driver of the motor vehicle for a moving
3.5violation other than a violation involving motor vehicle equipment. The Department of
3.6Public Safety shall not record a violation of this subdivision on a person's driving record.