December 14, 2005, Introduced by Reps. Lemmons, III, Lemmons, Jr., Hunter, Virgil Smith, Tobocman, Gonzales, Plakas, Clack, Vagnozzi, Zelenko, Williams, Cushingberry and Cheeks 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 other than a bus owned or leased and operated after
December 31, 2005 by a public or private school for the
transportation of students in kindergarten through twelfth grade.
(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 Except as otherwise
provided in this section, 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 Beginning January
1, 2006, this section does not
apply
applies 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. 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.
(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 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.
(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.
(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%.
(7) A person who violates this section is responsible for a
civil infraction.
(8) A law enforcement agency shall conduct an investigation
for all reports of police harassment that result from the
enforcement of this section.
(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.
(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.
(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. 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.
(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.
(13) Points shall not be assessed under section 320a for a
violation of this section.