SF 2611

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; prohibiting operation 
  1.3             of motor vehicle with child between ages of four and 
  1.4             eight not properly fastened in a booster seat; making 
  1.5             conforming changes; amending Minnesota Statutes 2002, 
  1.6             section 169.685, subdivisions 4, 5, 6, 7. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 169.685, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [ADMISSIBILITY INTO EVIDENCE.] (a) Except as 
  1.11  provided in paragraph (b), proof of the use or failure to use 
  1.12  seat belts or, a child passenger restraint system, or a booster 
  1.13  seat as described in subdivision 5, or proof of the installation 
  1.14  or failure of installation of seat belts or, a child passenger 
  1.15  restraint system, or a booster seat as described in subdivision 
  1.16  5 shall not be admissible in evidence in any litigation 
  1.17  involving personal injuries or property damage resulting from 
  1.18  the use or operation of any motor vehicle. 
  1.19     (b) Paragraph (a) does not affect the right of a person to 
  1.20  bring an action for damages arising out of an incident that 
  1.21  involves a defectively designed, manufactured, installed, or 
  1.22  operating seat belt or, child passenger restraint system, or 
  1.23  booster seat.  Paragraph (a) does not prohibit the introduction 
  1.24  of evidence pertaining to the use of a seat belt or, child 
  1.25  passenger restraint system, or booster seat in an action 
  1.26  described in this paragraph. 
  2.1      Sec. 2.  Minnesota Statutes 2002, section 169.685, 
  2.2   subdivision 5, is amended to read: 
  2.3      Subd. 5.  [VIOLATION; PETTY MISDEMEANOR.] (a) Every motor 
  2.4   vehicle operator, when transporting a child under the age of 
  2.5   four subject to the requirements of paragraph (b) on the streets 
  2.6   and highways of this state in a motor vehicle equipped with 
  2.7   factory-installed seat belts, shall equip and install for use in 
  2.8   the motor vehicle, according to the manufacturer's instructions, 
  2.9   a child passenger restraint system or a booster seat meeting 
  2.10  federal motor vehicle safety standards.  
  2.11     (b) No motor vehicle operator who is operating a motor 
  2.12  vehicle on the streets and highways of this state may transport: 
  2.13     (1) a child under the age of four in a seat of a motor 
  2.14  vehicle equipped with a factory-installed seat belt, unless the 
  2.15  child is properly fastened in the child passenger restraint 
  2.16  system; or 
  2.17     (2) a child four years of age or older, but less than eight 
  2.18  years of age, unless the child is 57 or more inches in height, 
  2.19  if the child is not properly fastened in a booster seat. 
  2.20  Any motor vehicle operator who violates this subdivision is 
  2.21  guilty of a petty misdemeanor and may be sentenced to pay a fine 
  2.22  of not more than $50.  The fine may be waived or the amount 
  2.23  reduced if the motor vehicle operator produces evidence that 
  2.24  within 14 days after the date of the violation a child passenger 
  2.25  restraint system or booster seat meeting federal motor vehicle 
  2.26  safety standards was purchased or obtained for the exclusive use 
  2.27  of the operator.  
  2.28     (c) The fines collected for violations of this subdivision 
  2.29  must be deposited in the state treasury and credited to a 
  2.30  special account to be known as the Minnesota child passenger 
  2.31  restraint and education account. 
  2.32     Sec. 3.  Minnesota Statutes 2002, section 169.685, 
  2.33  subdivision 6, is amended to read: 
  2.34     Subd. 6.  [EXCEPTIONS.] (a) This section does not apply to: 
  2.35     (1) a person transporting a child in an emergency medical 
  2.36  vehicle while in the performance of official duties and when the 
  3.1   physical or medical needs of the child make the use of a child 
  3.2   passenger restraint system or booster seat unreasonable or when 
  3.3   a child passenger restraint system or booster seat is not 
  3.4   available; 
  3.5      (2) a peace officer transporting a child while in the 
  3.6   performance of official duties and when a child passenger 
  3.7   restraint system or booster seat is not available, provided that 
  3.8   a seat belt must be substituted; and 
  3.9      (3) a person while operating a motor vehicle for hire, 
  3.10  including a taxi, airport limousine, and bus, but excluding a 
  3.11  rented, leased, or borrowed motor vehicle. 
  3.12     (b) A child passenger restraint system or booster seat is 
  3.13  not required for a child who cannot, in the judgment of a 
  3.14  licensed physician, be safely transported in a child passenger 
  3.15  restraint system or booster seat because of a medical condition, 
  3.16  body size, or physical disability.  A motor vehicle operator 
  3.17  claiming exemption for a child under this paragraph must possess 
  3.18  a typewritten statement from the physician stating that the 
  3.19  child cannot be safely transported in a child passenger 
  3.20  restraint system or booster seat.  The statement must give the 
  3.21  name and birth date of the child, be dated within the previous 
  3.22  six months, and be made on the physician's letterhead or contain 
  3.23  the physician's name, address, and telephone number.  A person 
  3.24  charged with violating subdivision 5 may not be convicted if the 
  3.25  person produces the physician's statement in court or in the 
  3.26  office of the arresting officer. 
  3.27     (c) A person offering a motor vehicle for rent or lease 
  3.28  shall provide a child passenger restraint device or booster seat 
  3.29  to a customer renting or leasing the motor vehicle who requests 
  3.30  the device upon request of the customer.  A reasonable rent or 
  3.31  fee may be charged for use of the child passenger restraint 
  3.32  device or booster seat. 
  3.33     Sec. 4.  Minnesota Statutes 2002, section 169.685, 
  3.34  subdivision 7, is amended to read: 
  3.35     Subd. 7.  [APPROPRIATION; SPECIAL ACCOUNT; LEGISLATIVE 
  3.36  REPORT.] The Minnesota child passenger restraint, booster seat, 
  4.1   and education account is created in the state treasury, 
  4.2   consisting of fines collected under subdivision 5 and other 
  4.3   money appropriated or donated.  The money in the account is 
  4.4   annually appropriated to the commissioner of public safety, to 
  4.5   be used to provide child passenger restraint systems and booster 
  4.6   seats to families in financial need and to provide an 
  4.7   educational program on the need for and proper use of child 
  4.8   passenger restraint systems and booster seats.  The commissioner 
  4.9   shall report to the legislature by February 1 of each 
  4.10  odd-numbered year on the commissioner's activities and 
  4.11  expenditure of funds under this section.