SF 122

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

A bill for an act
relating to traffic regulations; requiring passenger restraint for children under
the age of eight in motor vehicles; amending Minnesota Statutes 2006, section
169.685, subdivisions 5, 6.

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

Section 1.

Minnesota Statutes 2006, 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 eight 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 eight 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. 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 deleted text begin may deleted text end new text begin must new text end be waived deleted text begin or the amount reduced deleted text end 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.

(c) 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.

Sec. 2.

Minnesota Statutes 2006, section 169.685, subdivision 6, is amended to read:

Subd. 6.

Exceptions.

(a) This section does not apply to:

(1) a person transporting a child in an emergency medical vehicle while in the
performance of official duties and when the physical or medical needs of the child make
the use of a child passenger restraint system unreasonable or when a child passenger
restraint system is not available; new text begin and
new text end

(2) a peace officer transporting a child while in the performance of official duties
and when a child passenger restraint system is not available, provided that a seat belt
must be substituted deleted text begin ; and
deleted text end

deleted text begin (3) a person while operating a motor vehicle for hire, including a taxi, airport
limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle deleted text end .

(b) A child passenger restraint system is not required for a child who cannot, in the
judgment of a licensed physician, be safely transported in a child passenger restraint
system because of a medical condition, body size, or physical disability. A motor vehicle
operator claiming exemption for a child under this paragraph must possess a typewritten
statement from the physician stating that the child cannot be safely transported in a child
passenger restraint system. The statement must give the name and birth date of the child,
be dated within the previous six months, and be made on the physician's letterhead or
contain the physician's name, address, and telephone number. A person charged with
violating subdivision 5 may not be convicted if the person produces the physician's
statement in court or in the office of the arresting officer.

(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
restraint device to a customer renting or leasing the motor vehicle who requests the device.
A reasonable rent or fee may be charged for use of the child passenger restraint device.