Chapter 185
2011 -- S 0022 SUBSTITUTE A
Enacted 06/30/11
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES - SAFETY BELT USE
Introduced By: Senators Tassoni, Bates, Lombardo, and Doyle
Date Introduced: January 11, 2011
It is enacted by the
General Assembly as follows:
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 eight (8), less than fifty-seven (57)
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 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. If the child is under eight (8) years old but at
least fifty-seven (57) 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 any
rear seating position of the motor vehicle. For the
purpose of this section, applying to all parts of
this section, "rear seating position" means any
seating positions located behind the driver and
front seat passenger. 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 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 the
failure to wear the 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 who has
attained the age of
eight (8) years but is under eighteen (18) years of age 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) Any operator of a
motor vehicle under eighteen (18) years old shall properly wear a
safety belt and/or shoulder harness system.
(3) This subsection
applies only to those motor vehicles required by federal law to have
safety belts.
(c) (1) Any person deemed in violation of subsection (a) of this
section shall be issued a
citation. If the cited person presents proof of purchase of a
federally approved child restraint
system under Standard 213 to the issuing police department
within seven (7) days of issuance, the
department shall void the violation. If the individual fails to
present proof of purchase, he or she
shall be required to appear for a hearing before the
traffic tribunal, and shall be fined as provided
in section 31-41.1-4 for each offense, and it shall not
be recorded on the 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 as provided in
section 31-41.1-4 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.
(d) Notwithstanding the
provisions of subsection (a) 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 a rear seating position, in
violation of subsection (a) of this section, shall be subject
only to the fine contained in
subdivision (c)(2) of this section.
(e) All fines collected
for violations of this section shall be payable to the state of Rhode
Island. Fifty percent (50%) of the proceeds shall be shared
with the municipality whose law
enforcement department issued the citation for the violations.
(f) (1) Any operator of a motor vehicle transporting a person eighteen
(18) years of age
and older in any seating position of a motor vehicle
operated on the roadways, streets or
highways of this state shall ensure that the person be
properly wearing a safety belt and/or
shoulder harness system, as defined by Federal Motor Vehicle
Safety Standard 208.
(2) The provisions of
this subsection shall apply only to those motor vehicles required by
federal law to have safety belts.
(g) (1) Any person who is an operator of a motor vehicle shall be
properly wearing a
safety belt and/or shoulder harness system as defined by
Federal Motor Vehicle Safety Standard
208 while the vehicle is in operation on any of the
roadways, streets, or highways of this state.
(2) The provisions of
this subsection shall apply only to those motor vehicles required by
federal law to have safety belts.
(h) In no event shall
failure to be properly restrained by a child restraint system or safety
belt be considered as negligence, nor the failure to be
properly restrained by the child restraint
system or safety belt be admissible as evidence in the trial
of any civil action.
(i)
The provisions of subsections (b), (f) and (g) of this section shall 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. The
verification time period shall not exceed 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.
(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 by the department of
transportation's governor's office on highway safety. The department
of transportation's office on
highway safety, in cooperation with the 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.
(k) Violations of
subsections (f) and (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
subsections (f) or (g) of this section; provided, that a motor
vehicle may be stopped for failure to
comply with the child restraint system as described in
subsections (a) and (b) of this section.
(l)(k)
Any person violating subsection (f) or (g) of this section shall be fined as
provided
in section 31-41.1-4. Any conviction for violating
subsection (f) or (g) of this section shall not be
recorded on that person's driving record within the rules and regulations
governing chapter 41.1
of this title.
(l) No motor vehicle
shall be stopped, inspected or detained to determine compliance
with subsection (f) or (g) of this section without
reasonable suspicion that the operator or
passenger(s) of the motor vehicle is in violation of this section.
(m) A law enforcement
officer may not search a motor vehicle, its contents, the driver, or
a passenger solely because of a violation of subsection
(f) or (g) of this section.
SECTION 2. This act shall take effect upon passage and it
shall expire on June 30, 2013.
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LC00032/SUB A/2
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