SECTION 1. Section 31-22-22 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" is hereby amended to read as follows:

31-22-22. Safety belt use -- Child restraint. -- (a) (1) Any person transporting a child under the age of seven (7), less than fifty-four (54) inches in height and less than eighty (80) pounds in a motor vehicle operated on the roadways, streets, or highways of this state, shall transport the child in the back seat any rear seating position of the motor vehicle properly restrained in a child restraint system approved by the United States department of transportation under Federal Standard 213, or if the child is under seven (7) years old but at least fifty-four (54) inches in height, or at least eighty (80) pounds the child shall be properly wearing a safety belt and/or shoulder harness approved by the department of transportation pursuant to federal standard 208 in the back seat any rear seating position of the motor vehicle. For the purpose of this entire section of law, applying to all parts of section 31-22-22, the term "rear seating position" shall mean any seating positions located behind the driver and front seat passenger.

This subsection is inapplicable if: Under this subsection, a child must be properly restrained in the front seat if:

(i) The vehicle is not equipped with a back seat; or

(ii) All back rear seating positions are being utilized by other children.

(2) In no event shall failure to wear a child restraint system or safety belt be considered as contributory or comparative negligence, nor shall the failure to wear a child restraint system, seat belt, and/or shoulder harness be admissible as evidence in the trial of any civil action.

(b) (1) Any operator of a motor vehicle transporting a child between the ages of seven (7) through twelve (12) in any seating position within a motor vehicle operated on the roadways, streets, or highways of the state shall ensure that the passenger is properly wearing a safety belt and/or shoulder harness system, as defined by Federal Standard 208.

(2) This subsection applies only to those motor vehicles required by federal law to have safety belts.

(b)(c)(1) Any person violating subsection (a) of this section shall be issued a citation. If the cited person presents proof of purchase of a child restraint system approved under Federal Standard 213 to the police department that issued the citation within seven (7) days of issuance, the department shall void the violation. If the person fails to present the proof of purchase, that person shall be required to appear for a hearing before the traffic tribunal and shall be fined fifty dollars ($50) for each offense. The conviction shall not be recorded on that person's driving record within the rules and regulations governing chapter 41.1 of this title.

(2) Any person violating subsection (b) of this section shall be fined fifty dollars ($50.00) for each offense. The conviction shall not be recorded on that person's driving record within the rules and regulations governing chapter 41.1 of this title.

(c)(d) Notwithstanding the provisions of subsections (a) and (b) of this section any person transporting a child properly restrained in a federally approved child restraint system under federal standard 213, but transporting the child in a place other than the backseat a rear seating position, in violation of subsection (a), shall be subject only to the fine contained in subsection (b)(c) (2).

(d)(e) All fines collected for violations of this section are payable to the state. Fifty percent (50%) of the proceeds shall be shared with the municipality whose law enforcement department issued the citation for the violations.

(e) (1)(f) (1) Any operator of a motor vehicle transporting a person thirteen (13) years of age and older in the front or back seat any seating position of a motor vehicle operated on the roadways, streets, or highways of this state shall ensure that the passenger is properly wearing a safety belt and/or shoulder harness system, as defined by Federal Standard 208.

(2) This subsection applies only to those motor vehicles required by federal law to have safety belts.

(f)(g) (1) Any person operating a motor vehicle shall properly wear a safety belt and/or shoulder harness system, as defined by Federal Standard 208, while the vehicle is in operation on any of the roadways, streets, or highways of the state.

(2) This subsection applies only to those motor vehicles required by federal law to have safety belts.

(g)(h) In no event shall failure to wear be properly restrained by a child restraint system or safety belt be considered as negligence, nor the failure to wear be properly restrained by the child restraint system or safety belt be admissible as evidence in the trial of any civil action.

(h)(i) Subsections (e)(b), (f), and (l)(g) of this section do not apply to a driver or passenger of:

(1) A passenger motor vehicle manufactured before July 1, 1966;

(2) A passenger motor vehicle in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons. A verification's validity will be for no more than twelve (12) months, at which time a new verification may be issued;

(3) A passenger motor vehicle which is not required to be equipped with a safety seat belt system under federal laws; or

(4) A passenger motor vehicle operated by a letter carrier of the United States postal service while performing the duties of a letter carrier.

(i)(j) A program of public information and education designed to educate the motoring public to the benefits of wearing safety belt systems shall be developed and maintained by the Rhode Island department of transportation's governor's office on highway safety. The Rhode Island department of transportation's office on highway safety, in cooperation with the Rhode Island department of health, shall study the effectiveness of the implementation of this section and shall submit to the general assembly a report containing its findings by July 1, 1999.

(j)(k) Violations of subsections (e) (f) and (f) (g) of this section shall be considered secondary offenses and no motor vehicle may be stopped by any state or municipal law enforcement agency for failure of an operator or passenger to wear a safety belt system or for any violation of subsection (e) (f) or (f) (g) of this section. A motor vehicle may be stopped for failure to comply with the child restraint system as described in subsections (a), and (b), and (l) of this section.

(k)(l) Any person violating subsection (a) (f) or (g) of this section shall be fined fifty dollars ($50.00). prior to January 1, 2002 shall be issued a verbal warning only. Any person violating subsection (a) of this section after December 31, 2001 shall be fined fifty dollars ($50.00) but the Any conviction for violating subsection (f) or (g) shall not be recorded on the person's driving record within the rules and regulations governing chapter 41.1 of this title.

(l)(1) Any operator of a motor vehicle transporting a child between the ages of seven (7) through twelve (12) in the front or back seat of a motor vehicle operated on the roadways, streets, or highways of the state shall ensure that the passenger is properly wearing a safety belt and/or shoulder harness system, as defined by Federal Standard 208.

(2) This subsection applies only to those motor vehicles required by federal law to have safety belts.

SECTION 2. This act shall take effect upon passage.