language to be deleted (2) new language
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