HOUSE BILL No. 4153

 

February 2, 2005, Introduced by Reps. Kolb, Condino, Tobocman, Meisner and Lemmons, III and referred to the Committee on Transportation.

            

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 710e (MCL 257.710e), as amended by 1999 PA 29.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 710e. (1) This section does not apply to a driver or

 

passenger of any of the following:

 

     (a) A motor vehicle manufactured before January 1, 1965.

 

     (b) A bus.

 

     (c) A motorcycle.

 

     (d) A moped.

 

     (e) A motor vehicle if the driver or passenger possesses a

 

written verification from a physician that the driver or passenger

 

is unable to wear a safety belt for physical or medical reasons.


 

     (f) A motor vehicle that is not required to be equipped with

 

safety belts under federal law.

 

     (g) A commercial or United States postal service vehicle that

 

makes frequent stops for the purpose of pickup or delivery of goods

 

or services.

 

     (h) A motor vehicle operated by a rural carrier of the United

 

States postal service while serving his or her rural postal route.

 

     (2) This section does not apply to a passenger of a school

 

bus.

 

     (3) Each driver and front seat passenger of a motor vehicle

 

operated on a street or highway in this state shall wear a properly

 

adjusted and fastened safety belt, except that a child less than 4

 

years of age shall be protected as required in section 710d.  as

 

follows:

 

     (a) A child less than 4 years of age shall be protected as

 

required in section 710d.

 

     (b) A child who is more than 4 years of age but less than 9

 

years of age and weighing at least 40 pounds but not more than 80

 

pounds and a child that is not more than 4 feet 9 inches in height

 

shall be seated in a manufacturer certified booster seat and

 

secured by a seat belt.

 

     (4) If there are more passengers than safety belts available

 

for use, and all safety belts in the motor vehicle are being

 

utilized in compliance with this section, the driver of the motor

 

vehicle is in compliance with this section.

 

     (5)   (4)  Each driver of a motor vehicle transporting a child

 

4 years of age or more but less than 16 years of age in a motor


 

vehicle shall secure the child in a properly adjusted and fastened

 

safety belt. If the motor vehicle is transporting more children

 

than there are safety belts available for use, all safety belts

 

available in the motor vehicle are being utilized in compliance

 

with this section, and the driver and all front seat passengers

 

comply with subsection (3), then the driver of a motor vehicle

 

transporting a child 4 years of age or more but less than 16 years

 

of age for which  whom there is not an available safety belt is in

 

compliance with this subsection, if that child is seated in other

 

than the front seat of the motor vehicle. However, if that motor

 

vehicle is a pickup truck without an extended cab or jump seats,

 

and all safety belts in the front seat are being used, the driver

 

may transport such a child in the front seat without a safety belt.

 

     (6)   (5)  If after December 31, 2005 the office of highway

 

safety planning certifies that there has been less than 80%

 

compliance with the safety belt requirements of this section during

 

the preceding year, then enforcement of this section by state or

 

local law enforcement agencies shall be accomplished only as a

 

secondary action when a driver of a motor vehicle has been detained

 

for a suspected violation of another section of this act.

 

     (7)   (6)  Failure to wear a safety belt in violation of this

 

section may be considered evidence of negligence and may reduce the

 

recovery for damages arising out of the ownership, maintenance, or

 

operation of a motor vehicle. However, such negligence shall not

 

reduce the recovery for damages by more than 5%.

 

     (8)   (7)  A person who violates this section is responsible

 

for a civil infraction.


 

     (9)   (8)  A law enforcement agency shall conduct an

 

investigation for all reports of police harassment that result from

 

the enforcement of this section.

 

     (10)   (9)  The secretary of state shall engage an independent

 

organization to conduct a 3-year study to determine the effect that

 

the primary enforcement of this section has on the number of

 

incidents of police harassment of drivers. The organization that

 

conducts the study shall submit a report to the legislature not

 

later than June 30, 2001 and an annual report not later than June

 

30 each year thereafter.

 

     (11)   (10)  The secretary of state shall promote compliance

 

with the safety belt requirements of this section at the branch

 

offices and through any print or visual media determined

 

appropriate by the secretary of state.

 

     (12)   (11)  The secretary of state shall conduct a study with

 

the cooperation and contribution of the directors of the department

 

of state police, the department of community health, the state

 

transportation department, and the insurance bureau to analyze the

 

monetary savings, if any, arising from the enactment of  the

 

amendatory act that added this subsection 1999 PA 29. The secretary

 

of state shall report the findings of the study to all of the

 

following not later than May 1, 2000:

 

     (a) The senate and house of representatives appropriations

 

committees.

 

     (b) The senate and house of representatives fiscal agencies.

 

     (13)   (12)  It is the intent of the legislature that the

 

enforcement of this section be conducted in a manner calculated to


 

save lives and not in a manner that results in the harassment of

 

the citizens of this state.

 

     (14)   (13)  Points shall not be assessed under section 320a

 

for a violation of this section.

 

     Enacting section 1. This amendatory act takes effect April 1,

 

2006.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. _____ or House Bill No. 4152(request no.

 

00555'05) of the 93rd Legislature is enacted into law.