SF 1267

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; prescribing restraint 
  1.3             requirements for persons under age 18 in motor 
  1.4             vehicles; requiring certain passengers to be 
  1.5             transported in booster seats; extending seat belt use 
  1.6             requirement to passengers in all seats of a passenger 
  1.7             vehicle or commercial motor vehicle; eliminating 
  1.8             certain exemptions from the seat belt requirement; 
  1.9             increasing penalties for violation of child restraint 
  1.10            and seat belt requirements; amending Minnesota 
  1.11            Statutes 2000, sections 169.685, subdivisions 4, 5, 6, 
  1.12            and 7; and 169.686, subdivisions 1 and 2. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 2000, section 169.685, 
  1.15  subdivision 4, is amended to read: 
  1.16     Subd. 4.  [ADMISSIBILITY INTO EVIDENCE.] (a) Except as 
  1.17  provided in paragraph (b), proof of the use or failure to use 
  1.18  seat belts or, a child passenger restraint system, or a booster 
  1.19  seat as described in subdivision 5, or proof of the installation 
  1.20  or failure of installation of seat belts or, a child passenger 
  1.21  restraint system, or a booster seat as described in subdivision 
  1.22  5 shall not be admissible in evidence in any litigation 
  1.23  involving personal injuries or property damage resulting from 
  1.24  the use or operation of any motor vehicle. 
  1.25     (b) Paragraph (a) does not affect the right of a person to 
  1.26  bring an action for damages arising out of an incident that 
  1.27  involves a defectively designed, manufactured, installed, or 
  1.28  operating seat belt or, child passenger restraint system, or 
  1.29  booster seat.  Paragraph (a) does not prohibit the introduction 
  2.1   of evidence pertaining to the use of a seat belt or, child 
  2.2   passenger restraint system, or booster seat in an action 
  2.3   described in this paragraph. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 169.685, 
  2.5   subdivision 5, is amended to read: 
  2.6      Subd. 5.  [VIOLATION; PETTY MISDEMEANOR CHILD PASSENGER 
  2.7   SAFETY REQUIREMENTS.] (a) Every motor vehicle operator, when 
  2.8   transporting a child under the age of four on the streets and 
  2.9   highways of this state in a motor vehicle equipped with 
  2.10  factory-installed seat belts, shall equip and install for use in 
  2.11  the motor vehicle, according to the manufacturer's instructions, 
  2.12  a child passenger restraint system meeting federal motor vehicle 
  2.13  safety standards.  
  2.14     (b) No motor vehicle operator who is operating a motor 
  2.15  vehicle on the streets and highways of this state may transport 
  2.16  a child under the age of four in a seat of a motor vehicle 
  2.17  equipped with a factory-installed seat belt, unless the child is 
  2.18  properly fastened in the child passenger restraint system.  Any 
  2.19  motor vehicle operator who violates this subdivision is guilty 
  2.20  of a petty misdemeanor and may be sentenced to pay a fine of not 
  2.21  more than $50.  The fine may be waived or the amount reduced if 
  2.22  the motor vehicle operator produces evidence that within 14 days 
  2.23  after the date of the violation a child passenger restraint 
  2.24  system meeting federal motor vehicle safety standards was 
  2.25  purchased or obtained for the exclusive use of the operator.  
  2.26     (c) The fines collected for violations of this subdivision 
  2.27  must be deposited in the state treasury and credited to a 
  2.28  special account to be known as the Minnesota child passenger 
  2.29  restraint and education account.  A person transporting on a 
  2.30  street or highway a child subject to the requirements of 
  2.31  paragraph (b), clauses (1) to (3), in a motor vehicle equipped 
  2.32  with factory-installed seat belts, must equip and install for 
  2.33  use in the motor vehicle, according to the manufacturer's 
  2.34  instructions, a child passenger restraint system or booster 
  2.35  seat, as required by paragraph (b), clauses (1) to (3), that 
  2.36  meets federal motor vehicle safety standards.  
  3.1      (b) A person operating on a street or highway a motor 
  3.2   vehicle equipped with factory-installed seat belts may transport 
  3.3   a child subject to the requirements of this subdivision only as 
  3.4   provided in clauses (1) to (5). 
  3.5      (1) A child who is less than one year old, and a child who 
  3.6   is one year old or older but under 20 pounds in weight, may be 
  3.7   transported only in a rear-facing infant or convertible seat. 
  3.8      (2) Except as provided in clause (1), a child who is one 
  3.9   year old or older but under four years of age, and a child who 
  3.10  is four years old or older but does not exceed the maximum 
  3.11  height and weight recommended by the manufacturer of the child 
  3.12  restraint system, may be transported only in a forward-facing 
  3.13  child restraint system. 
  3.14     (3) Except as provided in clause (2), a child who is four 
  3.15  years old or older but under eight years of age, and a child who 
  3.16  is eight years old or older but is less than 80 pounds in weight 
  3.17  and 58 inches in height, may ride only in a booster seat and 
  3.18  while secured by a seat belt, and with a shoulder harness where 
  3.19  a shoulder harness is available. 
  3.20     (4) Except as provided in clause (3), a child who is eight 
  3.21  years old or older but under 13 years of age may ride only while 
  3.22  secured by a seat belt, and with a shoulder harness where a 
  3.23  shoulder harness is available. 
  3.24     (5) A child who is 13 years old or older but under 18 years 
  3.25  of age may ride only while secured by a seat belt and shoulder 
  3.26  harness, or by a seat belt without a shoulder harness if a seat 
  3.27  with a shoulder harness is not available. 
  3.28     (c) A motor vehicle operator who violates this subdivision 
  3.29  is guilty of a petty misdemeanor and may be sentenced to pay a 
  3.30  fine of not more than $75 plus court costs.  The fine may be 
  3.31  waived or the amount reduced if the motor vehicle operator 
  3.32  produces evidence that within 14 days after the date of the 
  3.33  violation a child passenger restraint system or booster seat 
  3.34  meeting federal motor vehicle safety standards was purchased or 
  3.35  obtained for the exclusive use of the operator. 
  3.36     (d) A peace officer may not issue a citation for a 
  4.1   violation of paragraph (b), clause (4) or (5), unless the 
  4.2   officer lawfully stopped or detained the driver of the motor 
  4.3   vehicle for a moving violation other than a violation involving 
  4.4   motor vehicle equipment.  The department of public safety shall 
  4.5   not record a violation of paragraph (b), clause (3), (4), or (5) 
  4.6   on a person's driving record. 
  4.7      Sec. 3.  Minnesota Statutes 2000, section 169.685, 
  4.8   subdivision 6, is amended to read: 
  4.9      Subd. 6.  [EXCEPTIONS; RENTAL VEHICLE.] (a) This section 
  4.10  does not apply to: 
  4.11     (1) a person transporting a child in an emergency medical 
  4.12  vehicle while in the performance of official duties and when the 
  4.13  physical or medical needs of the child make the use of a child 
  4.14  passenger restraint system or booster seat unreasonable or when 
  4.15  a child passenger restraint system or booster seat is not 
  4.16  available; 
  4.17     (2) a peace officer transporting a child while in the 
  4.18  performance of official duties and when a child passenger 
  4.19  restraint system or booster seat is not available, provided that 
  4.20  a seat belt must be substituted; and 
  4.21     (3) a person while operating a motor vehicle for hire, 
  4.22  including a taxi, airport limousine, and bus, but excluding a 
  4.23  rented, leased, or borrowed motor vehicle. 
  4.24     (b) A child passenger restraint system or booster seat is 
  4.25  not required for a child who cannot, in the judgment of a 
  4.26  licensed physician, be safely transported in a child passenger 
  4.27  restraint system or booster seat because of a medical condition, 
  4.28  body size, or physical disability.  A motor vehicle operator 
  4.29  claiming exemption for a child under this paragraph must possess 
  4.30  a typewritten statement from the physician stating that the 
  4.31  child cannot be safely transported in a child passenger 
  4.32  restraint system or booster seat.  The statement must give the 
  4.33  name and birth date of the child, be dated within the previous 
  4.34  six months, and be made on the physician's letterhead or contain 
  4.35  the physician's name, address, and telephone number.  A person 
  4.36  charged with violating subdivision 5 may not be convicted if the 
  5.1   person produces the physician's statement in court or in the 
  5.2   office of the arresting officer. 
  5.3      (c) A person offering a motor vehicle for rent or lease 
  5.4   shall provide a child passenger restraint or booster seat device 
  5.5   to a customer renting or leasing the motor vehicle who requests 
  5.6   the device.  A reasonable rent or fee may be charged for use of 
  5.7   the child passenger restraint device or booster seat. 
  5.8      Sec. 4.  Minnesota Statutes 2000, section 169.685, 
  5.9   subdivision 7, is amended to read: 
  5.10     Subd. 7.  [APPROPRIATION; SPECIAL ACCOUNT; LEGISLATIVE 
  5.11  REPORT.] The Minnesota child passenger restraint and education 
  5.12  account is created in the state treasury, consisting of fines 
  5.13  collected under subdivision 5 and other money appropriated or 
  5.14  donated.  The money in the account is annually appropriated to 
  5.15  the commissioner of public safety, to be used to provide child 
  5.16  passenger restraint systems and booster seats to families in 
  5.17  financial need and to provide an educational program on the need 
  5.18  for and proper use of child passenger restraint systems and 
  5.19  booster seats.  The commissioner shall report to the legislature 
  5.20  by February 1 of each odd-numbered year on the commissioner's 
  5.21  activities and expenditure of funds under this section. 
  5.22     Sec. 5.  Minnesota Statutes 2000, section 169.686, 
  5.23  subdivision 1, is amended to read: 
  5.24     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
  5.25  adjusted and fastened seat belt, including both the shoulder and 
  5.26  lap belt when the vehicle is so equipped, shall be worn by: 
  5.27     (1) the driver of a passenger vehicle or commercial motor 
  5.28  vehicle; 
  5.29     (2) a passenger riding in the front seat of a passenger 
  5.30  vehicle or commercial motor vehicle; and 
  5.31     (3) a passenger riding in any seat of a passenger vehicle 
  5.32  who is older than three but younger than 11 years of age who is 
  5.33  subject to section 169.685, subdivision 5, paragraph (b), clause 
  5.34  (4) or (5). 
  5.35     (b) A person who is 15 years of age or older and who 
  5.36  violates paragraph (a), clause (1) or (2), is subject to a fine 
  6.1   of $25 $50.  The driver of the passenger vehicle or commercial 
  6.2   motor vehicle in which the violation occurred is subject to 
  6.3   a $25 $50 fine for a violation of paragraph (a), clause (2) or 
  6.4   (3), by a child of the driver under the age of 15 18 or any 
  6.5   child under the age of 11.  A peace officer may not issue a 
  6.6   citation for a violation of this section unless the officer 
  6.7   lawfully stopped or detained the driver of the motor vehicle for 
  6.8   a moving violation other than a violation involving motor 
  6.9   vehicle equipment.  The department of public safety shall not 
  6.10  record a violation of this subdivision on a person's driving 
  6.11  record. 
  6.12     Sec. 6.  Minnesota Statutes 2000, section 169.686, 
  6.13  subdivision 2, is amended to read: 
  6.14     Subd. 2.  [SEAT BELT EXEMPTIONS.] This section shall does 
  6.15  not apply to: 
  6.16     (1) a person driving a passenger vehicle in reverse; 
  6.17     (2) a person riding in a seat in which all the seating 
  6.18  positions equipped with safety belts are occupied by other 
  6.19  persons; 
  6.20     (3) a person who is in possession of a written certificate 
  6.21  from a licensed physician verifying that because of medical 
  6.22  unfitness or physical disability the person is unable to wear a 
  6.23  seat belt; 
  6.24     (4) (2) a person who is actually engaged in work that 
  6.25  requires the person to alight from and reenter a passenger 
  6.26  vehicle at frequent intervals and who, while engaged in that 
  6.27  work, does not drive or travel in that vehicle at a speed 
  6.28  exceeding 25 miles per hour; 
  6.29     (5) (3) a rural mail carrier of the United States Postal 
  6.30  Service while in the performance of duties; 
  6.31     (6) (4) a person driving or riding in a passenger vehicle 
  6.32  manufactured before January 1, 1965; and 
  6.33     (7) (5) a person driving or riding in a pickup truck, as 
  6.34  defined in section 168.011, subdivision 29, while engaged in 
  6.35  normal farming work or activity. 
  6.36     Sec. 7.  [EFFECTIVE DATE.] 
  7.1      Sections 1 to 6 are effective August 1, 2001, and apply to 
  7.2   violations committed on and after that date.