Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 261--H.F.No. 90
           An act relating to highway traffic regulations; 
          prescribing penalties for failure to place children 
          under the age of four years in child passenger 
          restraint systems when being transported on streets 
          and highways; amending Minnesota Statutes 1982, 
          sections 65B.133, subdivision 5; and 169.685, 
          subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 169.685, 
subdivision 5, is amended to read: 
    Subd. 5.  (a) Every parent or legal guardian of a child 
under the age of four years residing in this state, when 
transporting the child on the streets and highways of this state 
in a motor vehicle that is owned by the parent or guardian and 
was 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.  A parent or 
guardian who violates this subdivision shall be given a hazard 
warning by the state patrol or local law enforcement officer as 
to the possible danger to children due to the failure to equip 
and install for use in the motor vehicle a child passenger 
restraint system as described in this section.  The warning 
shall also advise and urge that parent or guardian to utilize 
the child passenger restraint systems that are available in the 
vehicle.  No other penalty shall be assessed against a parent or 
guardian for a violation of this section (b) No parent or legal 
guardian residing in this state who is operating a motor vehicle 
on the streets and highways of this state may transport his or 
her child under the age of four in a seat of the motor vehicle 
that was equipped with a factory-installed seat belt, unless the 
child is securely fastened in the child passenger restraint 
system.  Any parent or legal guardian who violates the 
provisions of this subdivision is guilty of a petty 
misdemeanor.  No penalty under clause (a) of this subdivision 
may be applied to a person who shows satisfactory evidence to 
the county court or violations bureau, in person or by mail, of 
having purchased or otherwise obtained the use of a child 
restraint system meeting federal motor vehicle safety standards, 
within 30 days of the violation.  No fine may be imposed for a 
violation which is not a second or subsequent violation within a 
one-year period.  A fine for a violation of this subdivision 
which is a petty misdemeanor may not exceed $25.  
    Sec. 2.  Minnesota Statutes 1982, section 65B.133, 
subdivision 5, is amended to read: 
    Subd. 5.  [LIMITATION ON CHARGEABLE TRAFFIC VIOLATIONS.] No 
traffic violation is chargeable to a driver unless the driver is 
convicted of, or forfeits bail for, the offense, or the driver's 
license is revoked pursuant to section 169.123.  If a surcharge 
is applied because bail is forfeited and if the driver is later 
acquitted of the offense, the insurer shall rebate the surcharge.
A violation of section 169.685, subdivision 5 is not chargeable. 
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 1 is effective August 1, 1983 and applies to all 
violations committed on or after that date. 
    Approved June 6, 1983