SF 298

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; requiring motor vehicle 
  1.3             drivers to restrain child passengers under nine years 
  1.4             of age with appropriate child restraint system; 
  1.5             requiring commissioner of public safety to conduct 
  1.6             awareness campaign; amending Minnesota Statutes 2004, 
  1.7             sections 169.685, subdivision 5; 169.686, subdivision 
  1.8             1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2004, section 169.685, 
  1.11  subdivision 5, is amended to read: 
  1.12     Subd. 5.  [VIOLATION; PETTY MISDEMEANOR.] (a) Every motor 
  1.13  vehicle operator, when transporting a child under the age of 
  1.14  four nine and weighing less than 80 pounds on the streets and 
  1.15  highways of this state in a motor vehicle equipped with 
  1.16  factory-installed seat belts, shall equip and install for use in 
  1.17  the motor vehicle, according to the manufacturer's instructions, 
  1.18  a child passenger restraint system meeting federal motor vehicle 
  1.19  safety standards.  
  1.20     (b) No motor vehicle operator who is operating a motor 
  1.21  vehicle on the streets and highways of this state may transport 
  1.22  a child under the age of four nine and weighing less than 80 
  1.23  pounds in a seat of a motor vehicle equipped with a 
  1.24  factory-installed seat belt, unless the child is properly 
  1.25  fastened in the child passenger restraint system.  The driver of 
  1.26  a vehicle shall additionally restrain children under the age of 
  1.27  nine as follows: 
  2.1      (1) a child less than one year of age weighing less than 20 
  2.2   pounds must be properly restrained in a rear-facing child 
  2.3   restraint system; 
  2.4      (2) a child under the age of nine and weighing 80 pounds or 
  2.5   more must be restrained in a properly adjusted seat belt system; 
  2.6      (3) a child under the age of nine must sit in the back seat 
  2.7   unless the vehicle has no forward-facing back seat, all seating 
  2.8   positions in the back are being used by children under the age 
  2.9   of nine, or the child restraint cannot be installed properly in 
  2.10  the back seat; and 
  2.11     (4) a child under the age of nine and weighing 40 pounds or 
  2.12  more may wear a lap-only seat belt in the rear seat if there are 
  2.13  no shoulder belts in the back seat or if all of the shoulder 
  2.14  belts in the back seat are being used by children weighing 40 
  2.15  pounds or more and under the age of 16. 
  2.16     (c) An operator of a pickup truck or sports utility vehicle 
  2.17  who transports a child under the age of nine shall transport the 
  2.18  child within the vehicle's passenger compartment. 
  2.19     (d) Any motor vehicle operator who violates this 
  2.20  subdivision is guilty of a petty misdemeanor and may be 
  2.21  sentenced to pay a fine of not more than $50.  The fine for the 
  2.22  first violation may be waived or the amount reduced if the motor 
  2.23  vehicle operator produces evidence that within 14 days after the 
  2.24  date of the violation a child passenger restraint system meeting 
  2.25  federal motor vehicle safety standards was purchased or obtained 
  2.26  for the exclusive use of the operator.  
  2.27     (c) (e) The fines collected for violations of this 
  2.28  subdivision must be deposited in the state treasury and credited 
  2.29  to a special account to be known as the Minnesota child 
  2.30  passenger restraint and education account. 
  2.31     Sec. 2.  Minnesota Statutes 2004, section 169.686, 
  2.32  subdivision 1, is amended to read: 
  2.33     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
  2.34  adjusted and fastened seat belt, including both the shoulder and 
  2.35  lap belt when the vehicle is so equipped, shall be worn by: 
  2.36     (1) the driver of a passenger vehicle or commercial motor 
  3.1   vehicle; 
  3.2      (2) a passenger riding in the front seat of a passenger 
  3.3   vehicle or commercial motor vehicle; and 
  3.4      (3) a passenger riding in any seat of a passenger vehicle 
  3.5   who is older than three eight but younger than 11 years of age. 
  3.6      (b) A person who is 15 years of age or older and who 
  3.7   violates paragraph (a), clause (1) or (2), is subject to a fine 
  3.8   of $25.  The driver of the passenger vehicle or commercial motor 
  3.9   vehicle in which the violation occurred is subject to a $25 fine 
  3.10  for a violation of paragraph (a), clause (2) or (3), by a child 
  3.11  of the driver under the age of 15 or any child under the age of 
  3.12  11.  A peace officer may not issue a citation for a violation of 
  3.13  this section unless the officer lawfully stopped or detained the 
  3.14  driver of the motor vehicle for a moving violation other than a 
  3.15  violation involving motor vehicle equipment.  The Department of 
  3.16  Public Safety shall not record a violation of this subdivision 
  3.17  on a person's driving record. 
  3.18     Sec. 3.  [CHILD PASSENGER RESTRAINT LAW AWARENESS 
  3.19  CAMPAIGN.] 
  3.20     The commissioner of public safety shall conduct a child 
  3.21  passenger restraint law awareness campaign by developing and 
  3.22  distributing education materials, making public service 
  3.23  announcements through mass media throughout the state, and 
  3.24  implementing other education and awareness activities to educate 
  3.25  the public about state laws concerning child restraint in 
  3.26  vehicles.