SENATE BILL NO. 335 February 18, 1999, Introduced by Senators BULLARD, GOUGEON, HAMMERSTROM, CHERRY, HART, BYRUM, SIKKEMA, MURPHY, EMERSON, VAN REGENMORTER and MC COTTER and referred to the Committee on Transportation and Tourism. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 710d and 710e (MCL 257.710d and 257.710e), section 710d as amended by 1990 PA 90 and section 710e as amended by 1991 PA 25. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 710d. (1) Except as provided in this section, or as 2 otherwise provided by law, a rule promulgated pursuant to the 3 administrative procedures act of 1969,Act No. 306 of the4Public Acts of 1969, as amended, being sections 24.201 to 24.3285of the Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 24.328, 6 or federal regulation, each driver transporting a child in a 7 motor vehicle shall properly secure each child in a child 8 restraint system as follows: 01188'99 TLG 2 1 (a) Any child less than 1 year of age in a child restraint 2 systemwhichTHAT meets the standards prescribed in 49 C.F.R. 3 571.213, except as provided in subsection (6). 4 (b) Any child 1 year of age or more but less than 4 years of 5 age, when transported in the front seat,in a child restraint 6 systemwhichTHAT meets the standards prescribed in 49 C.F.R. 7 571.213, except as provided in subsection (6). 8(c) Any child 1 year of age or more but less than 4 years9of age, when transported in the rear seat, in a child restraint10system which meets the standards prescribed in 49 C.F.R. 571.213,11unless the child is secured by a safety belt provided in the12motor vehicle, except as provided in subsection (6).13 (2) This section does not apply to any child being nursed. 14 (3) This section does not apply if the motor vehicle being 15 driven is a bus, school bus, taxicab, moped, motorcycle, or other 16 motor vehicle not required to be equipped with safety belts under 17 federal law or regulations. 18 (4) A person who violates this section is responsible for a 19 civil infraction. 20 (5) Points shall not be assessed under section 320a for a 21 violation of this section. An abstract required under section 22 732 shall not be submitted to the secretary of state regarding a 23 violation of this section. 24 (6) The secretary of state may exempt by rules promulgated 25 pursuant toAct No. 306 of the Public Acts of 1969, as amended,26 THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 27 24.201 TO 24.328, a class of children from the requirements of 01188'99 3 1 this section, if the secretary of state determines that the use 2 of the child restraint system required under subsection (1) is 3 impractical because of physical unfitness, a medical problem, or 4 body size. The secretary of state may specify alternate means of 5 protection for children exempted under this subsection. 6 Sec. 710e. (1) This sectionshallDOES not apply to a 7 driver or passenger of ANY OF THE FOLLOWING: 8 (a) A motor vehicle manufactured before January 1, 1965. 9 (b) A bus. 10 (c) A motorcycle. 11 (d) A moped. 12 (e) A motor vehicle if the driver or passenger possesses a 13 written verification from a physician that the driver or passen- 14 ger is unable to wear a safety belt for physical or medical 15 reasons. 16 (f) A motor vehiclewhichTHAT is not required to be 17 equipped with safety belts under federal law. 18 (g) A commercial or United States postal service vehicle 19whichTHAT makes frequent stops for the purpose of pickup or 20 delivery of goods or services. 21 (h) A motor vehicle operated by a rural carrier of the 22 United States postal service while serving his or her rural 23 postal route. 24 (2) This sectionshallDOES not apply to a passenger of a 25 school bus. 26 (3) Each driver andfront seatpassenger of a motor 27 vehicle operated on a street or highway in this state shall wear 01188'99 4 1 a properly adjusted and fastened safety belt, except that a child 2 less than 4 years of age shall be protected as required in sec- 3 tion 710d. IF THERE ARE MORE PASSENGERS THAN SAFETY BELTS AVAIL- 4 ABLE FOR USE, AND ALL SAFETY BELTS IN THE MOTOR VEHICLE ARE BEING 5 UTILIZED IN COMPLIANCE WITH THIS SECTION, THE DRIVER OF THE MOTOR 6 VEHICLE IS IN COMPLIANCE WITH THIS SECTION. 7 (4) Each driver of a motor vehicle transporting a child 8 4 years of age or more but less than 16 years of age in a motor 9 vehicle shall secure the child in a properly adjusted and 10 fastened safety belt. If the motor vehicle is transporting more 11 children than there are safety belts available for use, all 12 safety belts available in the motor vehicle are being utilized in 13 compliance with this section, and the driver and all front seat 14 passengers comply with subsection (3), then the driver of a motor 15 vehicle transporting a child 4 years of age or more but less than 16 16 years of age for which there is not an available safety belt 17 is in compliance with this subsection, if that child is seated in 18 other than the front seat of the motor vehicle. However, if that 19 motor vehicle is a pickup truck without an extended cab or jump 20 seats, and all safety belts in the front seat are being used, the 21 driver may transport such a child in the front seat without a 22 safety belt. 23(5) Enforcement of this section by state or local law24enforcement agencies shall be accomplished only as a secondary25action when a driver of a motor vehicle has been detained for a26suspected violation of another section of this act.01188'99 5 1 (5)(6)Failure to wear a safety belt in violation of this 2 section may be considered evidence of negligence and may reduce 3 the recovery for damages arising out of the ownership, mainte- 4 nance, or operation of a motor vehicle. However, such negligence 5 shall not reduce the recovery for damages by more than 5%. 6 (6)(7)A person who violates this section is responsible 7 for a civil infraction. 8 (7)(8)Points shall not be assessed under section 320a 9 for a violation of this section. 01188'99 Final page. TLG