SF 99

2nd 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 who is both under the age of four eight and shorter than four feet
nine inches 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 who is both under the age of four eight
and shorter than four feet nine inches 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) At the time of issuance of a citation under this subdivision, a peace officer
may provide to the violator information on obtaining a free or low-cost child passenger
restraint system.

(c) (d) 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.

(e) 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.

EFFECTIVE DATE.

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

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 (i) is older than three
but not required to be transported in a child passenger restraint system under section
169.685, subdivision 5, and (ii) is 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.

EFFECTIVE DATE.

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