February 8, 2006, Introduced by Senator BIRKHOLZ 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 or child restraint system, as
applicable, 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
Except as otherwise provided
in subsection (5),
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.
(4) The driver of a motor vehicle operated on a street or
highway in this state shall only permit a child who is 12 years of
age or less to be seated in the front seat of the motor vehicle if
any of the following conditions apply:
(a) The motor vehicle lacks a rear seat.
(b) The rear seats are side-facing jump seats or rear-facing
seats.
(c) The child restraint system appropriate to the age and
weight of the child cannot be installed properly in the rear seat.
(d) All rear seat positions are occupied by children less than
12 years of age.
(e) The driver possesses written medical verification from a
physician that the child is unable to ride in a rear seat.
(f) The child is properly restrained as provided in subsection
(5).
(5) Except as otherwise provided in subsection (4), the driver
of a motor vehicle operated on a street or highway in this state
shall require that each passenger in the vehicle be properly
restrained and seated as follows:
(a) A child over 12 years of age but less than 16 years of age
shall be secured in a properly adjusted and fastened safety belt
and may be seated in either the front or a rear seat.
(b) A child not less than 8 years of age but not more than 12
years of age shall be seated in a rear seat of the vehicle and
shall be properly restrained in either a safety belt or in an age-
and weight-appropriate child restraint system according to the
child restraint manufacturer and vehicle manufacturer's
instructions.
(c) A child not less than 4 years of age but not more than 8
years of age shall be seated in a rear seat of the vehicle and
shall be properly restrained in an age- and weight-appropriate
child restraint system according to the child restraint
manufacturer's and vehicle manufacturer's instructions.
(d) A child less than 4 years of age shall be seated in a rear
seat of the vehicle and shall be protected as required in section
710d.
(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.