1.1                          A bill for an act 
  1.2             relating to traffic regulations; modifying 
  1.3             requirements for using child passenger-restraint 
  1.4             systems and seat belts; making clarifying changes; 
  1.5             amending Minnesota Statutes 2002, sections 169.685, 
  1.6             subdivision 5; 169.686, subdivision 1; Minnesota 
  1.7             Statutes 2003 Supplement, section 169.686, subdivision 
  1.8             2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, 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 years of age or four feet nine inches in height on the 
  1.15  streets and highways of this state in a motor vehicle equipped 
  1.16  with factory-installed seat belts, shall equip and install for 
  1.17  use in the motor vehicle, according to the manufacturer's 
  1.18  instructions, a child passenger restraint system meeting federal 
  1.19  motor vehicle 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 years of age or four feet 
  1.23  nine inches in height in a seat of a motor vehicle equipped with 
  1.24  a factory-installed seat belt, unless the child is properly 
  1.25  fastened in ~~the~~ a child passenger restraint system.  Any motor 
  1.26  vehicle operator who violates this subdivision is guilty of a 
  1.27  petty misdemeanor and may be sentenced to pay a fine of not more 
  2.1   than $50.  The fine may be waived or the amount reduced if the 
  2.2   motor vehicle operator produces evidence that within 14 days 
  2.3   after the date of the violation a child passenger restraint 
  2.4   system meeting federal motor vehicle safety standards was 
  2.5   purchased or obtained for the exclusive use of the operator.  
  2.6      (c) The fines collected for violations of this subdivision 
  2.7   must be deposited in the state treasury and credited to a 
  2.8   special account to be known as the Minnesota child passenger 
  2.9   restraint and education account. 
  2.10     Sec. 2.  Minnesota Statutes 2002, section 169.686, 
  2.11  subdivision 1, is amended to read: 
  2.12     Subdivision 1.  [SEAT BELT REQUIREMENT.] (a) A properly 
  2.13  adjusted and fastened seat belt, including both the shoulder and 
  2.14  lap belt when the vehicle is so equipped, ~~shall~~ must be worn by: 
  2.15     (1) the driver of a passenger vehicle or commercial motor 
  2.16  vehicle; 
  2.17     (2) a passenger riding in the front seat of a passenger 
  2.18  vehicle or commercial motor vehicle; and 
  2.19     (3) a passenger riding in any seat of a passenger vehicle 
  2.20  who is nine years of age or older ~~than three~~ but younger than ~~11~~ 
  2.21  18 years of age. 
  2.22     (b) A person who is 15 years of age or older and who 
  2.23  violates paragraph (a), clause (1) or (2), is subject to a fine 
  2.24  of $25.  The driver of the passenger vehicle or commercial motor 
  2.25  vehicle in which the violation occurred is subject to a $25 fine 
  2.26  for a violation of paragraph (a), clause (2) or (3), by a child 
  2.27  of the driver under the age of 15 or any child under the age of 
  2.28  11.  A peace officer may not issue a citation for a violation of 
  2.29  this section unless the officer lawfully stopped or detained the 
  2.30  driver of the motor vehicle for a moving violation other than a 
  2.31  violation involving motor vehicle equipment.  The Department of 
  2.32  Public Safety shall not record a violation of this subdivision 
  2.33  on a person's driving record. 
  2.34     Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  2.35  169.686, subdivision 2, is amended to read: 
  2.36     Subd. 2.  [SEAT BELT EXEMPTIONS.] This section ~~shall~~ does 
  3.1   not apply to: 
  3.2      (1) ~~a person driving a passenger vehicle in reverse;~~ 
  3.3      ~~(2) a person riding in a seat in which all the seating~~ 
  3.4   ~~positions equipped with safety belts are occupied by other~~ 
  3.5   ~~persons;~~ 
  3.6      ~~(3)~~ a person ~~who is~~ in possession of a written certificate 
  3.7   from a licensed physician verifying that because of medical 
  3.8   unfitness or physical disability the person is unable to wear a 
  3.9   seat belt; 
  3.10     ~~(4)~~ (2) a person ~~who is~~ actually engaged in work that 
  3.11  requires the person to alight from and reenter a motor vehicle 
  3.12  at frequent intervals and who, while engaged in that work, does 
  3.13  not drive or travel in that vehicle at a speed exceeding 25 
  3.14  miles per hour; 
  3.15     ~~(5)~~ (3) a rural mail carrier of the United States Postal 
  3.16  Service while in the performance of duties; 
  3.17     ~~(6)~~ (4) a person driving or riding in a passenger vehicle 
  3.18  manufactured before January 1, 1965; and 
  3.19     ~~(7)~~ (5) a person driving or riding in a pickup truck, as 
  3.20  defined in section 168.011, subdivision 29, while engaged in 
  3.21  normal farming work or activity.