January 24, 2006, Introduced by Reps. Angerer, Gleason, Clemente, Mayes, Leland, Virgil Smith, Donigan, Tobocman, Plakas, Kathleen Law 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 the
operator 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 operator
or passenger
possesses
a written verification from a physician that the driver
operator 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 operator
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
an individual 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
operator of the motor vehicle is in compliance with this section.
(4)
Each driver operator
of a motor vehicle transporting a
child
an individual 4 years of age or more older but
less than
16
18 years of age in a motor vehicle shall secure the child
individual in a properly adjusted and fastened safety belt. If the
motor
vehicle is transporting more children individuals 4 years
of age or older but less than 18 years of age 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
operator and all front seat passengers comply with
subsection
(3), then the driver operator
of a motor vehicle
transporting a
child an individual 4 years of age or more older
but
less than 16 18
years of age for which there is not an
available safety belt is in compliance with this subsection, if
that child
individual 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 operator
may transport
such
a child the individual 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 the operator of a
the 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 An individual 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.
(11) (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.
(12) (13)
Points shall not be assessed under section 320a
for a violation of this section.