SF 99

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:10am

A bill for an act
relating to traffic regulations; requiring restraint of child under age eight and
shorter than four feet nine inches while passenger in motor vehicle and modifying
seat belt requirements accordingly; amending Minnesota Statutes 2008, sections
169.685, subdivision 5; 169.686, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 169.685, subdivision 5, is amended to read:

Subd. 5.

Violation; petty misdemeanor.

(a) Every motor vehicle operator, when
transporting a child new text begin who is both new text end under the age of deleted text begin four deleted text end new text begin eight and shorter than four feet
nine inches 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 new text begin who is both new text end under the age of deleted text begin four deleted text end new text begin eight
and shorter than four feet nine inches 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 may
be waived or the amount reduced 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.

new text begin (d) For the purposes of this section, "child passenger restraint system" means any
device that meets the standards of the United States Department of Transportation; is
designed to restrain, seat, or position children; and includes a booster seat.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, for offenses committed
on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 169.686, subdivision 1, is amended to read:

Subdivision 1.

Seat belt requirement.

(a) A properly adjusted and fastened seat
belt, including both the shoulder and lap belt when the vehicle is so equipped, shall be
worn by:

(1) the driver of a passenger vehicle or commercial motor vehicle;

(2) a passenger riding in the front seat of a passenger vehicle or commercial motor
vehicle; and

(3) a passenger riding in any seat of a passenger vehicle who new text begin (i) new text end is deleted text begin older than three
but deleted text end new text begin not required to be transported in a child passenger restraint system under section
169.685, subdivision 5, and (ii) is new text end younger than 11 years of age.

(b) A person who is 15 years of age or older and who violates paragraph (a), clause
(1) or (2), is subject to a fine of $25. The driver of the passenger vehicle or commercial
motor vehicle in which the violation occurred is subject to a $25 fine for a violation of
paragraph (a), clause (2) or (3), by a child of the driver under the age of 15 or any child
under the age of 11. A peace officer may not issue a citation for a violation of this section
unless the officer lawfully stopped or detained the driver of the motor vehicle for a moving
violation other than a violation involving motor vehicle equipment. The Department of
Public Safety shall not record a violation of this subdivision on a person's driving record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to offenses
committed on or after that date.
new text end