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.