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; making seat belt 1.3 violation a primary offense in all seating positions 1.4 regardless of age; making technical changes; amending 1.5 Minnesota Statutes 2002, sections 169.686, subdivision 1.6 1; 171.055, subdivision 2. 1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8 Section 1. Minnesota Statutes 2002, section 169.686, 1.9 subdivision 1, is amended to read: 1.10 Subdivision 1. [SEAT BELT REQUIREMENT.] (a) A properly 1.11 adjusted and fastened seat belt, including both the shoulder and 1.12 lap belt when the vehicle is so equipped, shall be worn by:1.13(1)the driver and passengers of a passenger vehicle or 1.14 commercial motor vehicle;1.15(2) a passenger riding in the front seat of a passenger1.16vehicle or commercial motor vehicle; and1.17(3) a passenger riding in any seat of a passenger vehicle1.18who is older than three but younger than 11 years of age. 1.19 (b) A person who is 15 years of age or older and who 1.20 violates paragraph (a), clause (1) or (2),is subject to a fine 1.21 of $25. The driver of thepassenger vehicle or commercial motor1.22 vehicle in which the violation occurred is subject to a $25 fine 1.23 for a violation of paragraph (a), clause (2) or (3),by achild1.24of the driverpassenger under the age of 15or any child under1.25the age of 11. A peace officer may not issue a citation for a1.26violation of this section unless the officer lawfully stopped or2.1detained the driver of the motor vehicle for a moving violation2.2other than a violation involving motor vehicle equipment. The 2.3 department of public safety shall not record a violation of this 2.4 subdivision on a person's driving record. 2.5 Sec. 2. Minnesota Statutes 2002, section 171.055, 2.6 subdivision 2, is amended to read: 2.7 Subd. 2. [USE OF PROVISIONAL LICENSE.] (a) A provisional 2.8 license holder may operate a motor vehicle only when every 2.9 occupant under the age of1815 has a seat belt or child 2.10 passenger restraint system properly fastened according to 2.11 sections 169.685 and 169.686. A person who violates this 2.12 paragraph is subject to a fine of $25.A peace officer may not2.13issue a citation for a violation of this paragraph unless the2.14officer lawfully stopped or detained the driver of the motor2.15vehicle for a moving violation as defined in section 171.04.A 2.16 passenger who is at least 15 years of age is subject to the 2.17 requirements and penalty of section 169.686. The commissioner 2.18 shall not record a violation of this paragraph on a person's 2.19 driving record. 2.20 (b) If the holder of a provisional license during the 2.21 period of provisional licensing incurs (1) a conviction for a 2.22 violation of section 169A.20, 169A.33, 169A.35, or sections 2.23 169A.50 to 169A.53, (2) a conviction for a crash-related moving 2.24 violation as defined in section 171.04, or (3) more than one 2.25 conviction for a moving violation that is not crash related, the 2.26 person may not be issued a driver's license until 12 consecutive 2.27 months have expired since the date of the conviction or until 2.28 the person reaches the age of 18 years, whichever occurs first.