Bill Text: CA SB929 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vehicles: child passenger restraints.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-04 - Chaptered by Secretary of State. Chapter 474, Statutes of 2011. [SB929 Detail]
Download: California-2011-SB929-Amended.html
Bill Title: Vehicles: child passenger restraints.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-10-04 - Chaptered by Secretary of State. Chapter 474, Statutes of 2011. [SB929 Detail]
Download: California-2011-SB929-Amended.html
BILL NUMBER: SB 929 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 20, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Evans
FEBRUARY 18, 2011
An act to amend Sections 27315 , 27315.3, and 27360
and 27315.3 of, to add Section 27360.6 to, and to
repeal and add Sections 27360, and 27360.5 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 929, as amended, Evans. Vehicles: child passenger restraints.
(1) Existing law prohibits a person from operating a motor
vehicle, as defined, on a highway unless that person and all
passengers 16 years of age or older are properly restrained by a
safety belt. Existing law also makes various legislative
findings and declarations with regard to the need for a mandatory
seat belt law.
This bill would delete those legislative findings and
declarations relating to the need for a mandatory seat belt law
define the phrase "properly restrained by a safety
belt" for purposes of those provisions .
Existing law prohibits the operator of a limousine for hire or the
operator of an authorized emergency vehicle, as defined, from
operating the limousine for hire or authorized emergency vehicle,
unless the operator and any passengers 6 years of age or over or
weighing 60 pounds or more in the front seat are properly restrained
by a safety belt. Existing law also prohibits the operator of a
taxicab from operating the taxicab unless any passengers 6 years of
age or older or weighing 60 pounds or more in the front seat are
properly restrained by a safety belt.
This bill would instead prohibit the operator of a limousine for
hire or authorized emergency vehicle or the operator of a taxicab,
from operating the limousine for hire, authorized emergency vehicle,
or taxicab unless the operator and any passengers 8 years of age or
older in the front seat are properly restrained by a safety belt.
Existing law requires a child or ward under the age of 6 years who
weighs less than 60 pounds to be secured in a rear seat in a child
passenger restraint system that meets specified federal standards,
but permits such a child or ward to ride in the front seat of a motor
vehicle if properly secured in a child passenger restraint system
that meets specified federal standards, under specified
circumstances, including, among other things, if all rear seats are
already occupied by children under the age of 12 years.
This bill would instead, permit a child or ward under the age of 6
years who weighs less than 60 pounds to ride in the front seat of a
motor vehicle, if the child is properly secured in a child passenger
restraint system that meets specified federal standards, if all rear
seats are already occupied by children under the age of 8 years.
This bill would instead prohibit a parent, legal guardian, or
driver from transporting on a highway in a motor vehicle, as defined,
a child or ward who is under 8 years of age without securing that
child in an appropriate child passenger restraint system meeting
applicable federal motor vehicle safety standards, except as
provided. The bill would impose specified fines and penalties for
violations of those requirements, as prescribed.
Existing law authorizes a law enforcement officer reasonably
suspecting a violation of those child passenger restraint system
requirements to stop a vehicle transporting a child appearing to the
officer to be within a specified age or weight range of under 6 years
of age or less than 60 pounds.
This bill would instead authorize a law enforcement officer
reasonably suspecting a violation of those requirements to stop a
vehicle transporting a child appearing to the officer to be within
the age range of less than 8 years of age.
Existing law permits a court to exempt from the above-described
child passenger restraint system requirements any class of child by
age, weight, or size if it is determined that the use of a child
passenger restraint system would be impractical by reason of physical
unfitness, medical condition, or size, and establishes 2 statutory
exemptions.
This bill would revise that provision to also specify that a child
or ward under the 8 years of age who is 4 feet 9 inches in height or
taller may be properly restrained by a safety belt rather than a
child passenger restraint system.
Existing law requires every public or private hospital, clinic, or
birthing center, at the time of the discharge of a child to provide
and discuss information on the current law requiring child passenger
restraint systems to the parents or person to whom the child is
released when the child is less than 6 years of age or weighs less
than 60 pounds.
This bill would instead require a public or private hospital,
clinic, or birthing center, at the time of the discharge of a child,
to provide and discuss information on the current law requiring child
passenger restraint systems, safety belts, and the transportation of
children in rear seats to the parents or person to whom the child is
released if the child is under 8 years of age.
Existing law requires every car rental agency in California to
inform each of its customers of a specified child safety restraint
law by posting, in a place conspicuous to the public in each
established place of business of the agency notice that meets
specified requirements and includes a prescribed statement.
This bill would revise the language that would be required to be
included in the notice, with regard to the application of those child
safety restraint laws to children under 8 years of age.
Because a violation of the vehicle law constitutes a crime, the
bill would impose a state-mandated local program by expanding the
scope of an existing crime.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27315 of the Vehicle Code is amended to read:
27315. (a) The Legislature finds that a mandatory seatbelt
law will contribute to reducing highway deaths and
injuries by encouraging greater usage of existing manual seatbelts,
that automatic crash protection systems that require no action by
vehicle occupants offer the best hope of reducing deaths and
injuries, and that encouraging the use of manual safety belts is only
a partial remedy for addressing this major cause of death and
injury. The Legislature declares that the enactment of this section
is intended to be compatible with support for federal motor vehicle
safety standards requiring automatic crash protection systems and
should not be used in any manner to rescind federal
requirements for installation of automatic restraints in new cars.
(b) This section shall be known and may be
cited as the Motor Vehicle Safety Act.
(b)
(c) (1) As used in this section, "motor vehicle" means
a passenger vehicle, a motortruck, or a truck tractor, but does not
include a motorcycle.
(2) For purposes of this section, a "motor vehicle" also means a
farm labor vehicle, regardless of the date of certification under
Section 31401.
(c)
(d) (1) A person shall not operate a motor vehicle on a
highway unless that person and all passengers 16 years of age or
over are properly restrained by a safety belt. This paragraph does
not apply to the operator of a taxicab, as defined in Section 27908,
when the taxicab is driven on a city street and is engaged in the
transportation of a fare-paying passenger. The safety belt
requirement established by this paragraph is the minimum safety
standard applicable to employees being transported in a motor
vehicle. This paragraph does not preempt more stringent or
restrictive standards imposed by the Labor Code or another state or
federal regulation regarding the transportation of employees in a
motor vehicle.
(2) For purposes of this section the phrase, "properly restrained
by a safety belt" means that the lower (lap) portion of the belt
crosses the hips or upper thighs of the occupant and the upper
(shoulder) portion of the belt, if present, crosses the chest in
front of the occupant.
(2)
(3) The operator of a limousine for hire or the
operator of an authorized emergency vehicle, as defined in
subdivision (a) of Section 165, shall not operate the limousine for
hire or authorized emergency vehicle unless the operator and any
passengers six years of age or over or weighing 60 pounds or
more in the front seat are properly restrained by a safety belt.
eight years of age or over in the front seat, are
properly restrained by a safety belt.
(3)
(4) The operator of a taxicab shall not operate the
taxicab unless any passengers six years of age or over or
weighing 60 pounds or more in the front seat eight
years of age or over in the front seat, are properly restrained
by a safety belt.
(d)
(e) A person 16 years of age or over shall not be a
passenger in a motor vehicle on a highway unless that person is
properly restrained by a safety belt. This subdivision does not apply
to a passenger in a sleeper berth, as defined in subdivision (x) of
Section 1201 of Title 13 of the California Code of Regulations.
(e)
(f) An owner of a motor vehicle, including an owner or
operator of a taxicab, as defined in Section 27908, or a limousine
for hire, operated on a highway shall maintain safety belts in good
working order for the use of the occupants of the vehicle. The safety
belts shall conform to motor vehicle safety standards established by
the United States Department of Transportation. This subdivision,
however, does not require installation or maintenance of safety belts
if it is not required by the laws of the United States applicable to
the vehicle at the time of its initial sale.
(f)
(g) This section does not apply to a passenger or
operator with a physically disabling condition or medical condition
that would prevent appropriate restraint in a safety belt, if the
condition is duly certified by a licensed physician and surgeon or by
a licensed chiropractor who shall state the nature of the condition,
as well as the reason the restraint is inappropriate. This section
also does not apply to a public employee, if the public employee is
in an authorized emergency vehicle as defined in paragraph (1) of
subdivision (b) of Section 165, or to a passenger in a seat behind
the front seat of an authorized emergency vehicle as defined in
paragraph (1) of subdivision (b) of Section 165 operated by the
public employee, unless required by the agency employing the public
employee.
(g)
(h) Notwithstanding subdivision (a) of Section 42001, a
violation of subdivision (c), (d), or (e)
(d), (e), or (f) is an infraction punishable by a fine of not
more than twenty dollars ($20) for a first offense, and a fine of not
more than fifty dollars ($50) for each subsequent offense. In lieu
of the fine and any penalty assessment or court costs, the court,
pursuant to Section 42005, may order that a person convicted of a
first offense attend a school for traffic violators or another
court-approved program in which the proper use of safety belts is
demonstrated.
(h) In a civil action, a violation of subdivision (c), (d), or (e)
or information of a violation of subdivision (g) does
(i) In a civil action, a violation of
subdivision (d), (e), or (f), or information of a
violation of subdivision (h), does not establish negligence as
a matter of law or negligence per se for comparative fault purposes,
but negligence may be proven as a fact without regard to the
violation.
(i)
(j) If the United States Secretary of Transportation
fails to adopt safety standards for manual safety belt systems by
September 1, 1989, a motor vehicle manufactured after that date for
sale or sold in this state shall not be registered unless it contains
a manual safety belt system that meets the performance standards
applicable to automatic crash protection devices adopted by the
United States Secretary of Transportation pursuant to Federal Motor
Vehicle Safety Standard No. 208 (49 C.F.R. 571.208) as in effect on
January 1, 1985.
(j)
(k) A motor vehicle offered for original sale in this
state that has been manufactured on or after September 1, 1989, shall
comply with the automatic restraint requirements of Section S4.1.2.1
of Federal Motor Vehicle Safety Standard No. 208 (49 C.F.R.
571.208), as published in Volume 49 of the Federal Register, No. 138,
page 29009. An automobile manufacturer that sells or delivers a
motor vehicle subject to this subdivision, and fails to comply with
this subdivision, shall be punished by a fine of not more than five
hundred dollars ($500) for each sale or delivery of a noncomplying
motor vehicle.
(k) Compliance with subdivision (i) or (j) by a
(l) Compliance with subdivision (j) or
(k) by a manufacturer shall be made by self-certification in the
same manner as self-certification is accomplished under federal law.
(l)
(m) This section does not apply to a person actually
engaged in delivery of newspapers to customers along the person's
route if the person is properly restrained by a safety belt prior to
commencing and subsequent to completing delivery on the route.
(m)
(n) This section does not apply to a person actually
engaged in collection and delivery activities as a rural delivery
carrier for the United States Postal Service if the person is
properly restrained by a safety belt prior to stopping at the first
box and subsequent to stopping at the last box on the route.
(n)
(o) This section does not apply to a driver actually
engaged in the collection of solid waste or recyclable materials
along that driver's collection route if the driver is properly
restrained by a safety belt prior to commencing and subsequent to
completing the collection route.
(o) Subdivisions (c), (d), (e), (f), and (g)
(p) Subdivisions (d), (e), (f), (g),
and (h) shall become inoperative immediately upon the date that
the United States Secretary of Transportation, or his or her
delegate, determines to rescind the portion of the Federal Motor
Vehicle Safety Standard No. 208 (49 C.F.R. 571.208) that requires the
installation of automatic restraints in new motor vehicles, except
that those subdivisions shall not become inoperative if the secretary'
s decision to rescind that Standard No. 208 is not based, in any
respect, on the enactment or continued operation of those
subdivisions.
SEC. 2. Section 27315.3 of the Vehicle Code is amended to read:
27315.3. (a) As used in this section, "passenger motor vehicle"
means a passenger vehicle as defined in Section 465 and a motortruck
as defined in Section 410 of less than 6,001 pounds unladen weight,
but does not include a motorcycle as defined in Section 400.
(b) Every sheriff's department and city police department and the
Department of the California Highway Patrol shall maintain safety
belts in good working order for the use of occupants of a vehicle
that it operates on a highway for the purpose of patrol. The safety
belts shall conform to motor vehicle safety standards established by
the United States Department of Transportation. This subdivision does
not, however, require installation or maintenance of safety belts
where not required by the laws of the United States applicable to the
vehicle at the time of its initial sale.
(c) Notwithstanding subdivision (a) of Section 42001, a violation
of subdivision (b) is an infraction punishable by a fine, including
all penalty assessments and court costs imposed on the convicted
department, of not more than twenty dollars ($20) for a first
offense, and a fine, including all penalty assessments and court
costs imposed on the convicted department, of not more than fifty
dollars ($50) for each subsequent offense.
(d) (1) For a violation of subdivision (b), in addition to the
fines provided for pursuant to subdivision (c) and the penalty
assessments provided for pursuant to Section 1464 of the Penal Code,
an additional penalty assessment of two dollars ($2) shall be levied
for a first offense, and an additional penalty assessment of five
dollars ($5) shall be levied for any subsequent offense.
(2) All money collected pursuant to this subdivision shall be
utilized in accordance with Section 1464 of the Penal Code.
(e) In a civil action, a violation of subdivision (b) or
information of a violation of subdivision (c) shall not establish
negligence as a matter of law or negligence per se for comparative
fault purposes, but negligence may be proven as a fact without regard
to the violation.
(f) Subdivisions (b) and (c) shall become inoperative immediately
upon the date that the Secretary of the United States Department of
Transportation, or his or her delegate, determines to rescind the
portion of the Federal Motor Vehicle Safety Standard No. 208 (49
C.F.R. 571.208) that requires the installation of automatic
restraints in new passenger motor vehicles, except that those
subdivisions shall not become inoperative if the secretary's decision
to rescind Standard No. 208 is not based, in any respect, on the
enactment or continued operation of those subdivisions or
subdivisions (c) to (g) (d) to (h) ,
inclusive, of Section 27315.
SEC. 3. Section 27360 of the Vehicle Code is
amended to read:
27360. (a) A parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, shall not permit his or her
child or ward to be transported upon a highway in the motor vehicle
without properly securing the child or ward in a rear seat in a child
passenger restraint system meeting applicable federal motor vehicle
safety standards, unless the child or ward is one of the following:
(1) Six years of age or older.
(2) Sixty pounds or more.
(b) (1) A driver may not transport on a highway a child in a motor
vehicle, as defined in subdivision (c) of Section 27315, without
properly securing the child in a rear seat in a child passenger
restraint system meeting applicable federal motor vehicle safety
standards, unless the child is one of the following:
(A) Six years of age or older.
(B) Sixty pounds or more.
(2) This subdivision does not apply to a driver if the parent or
legal guardian of the child is also present in the vehicle and is not
the driver.
(c) (1) For purposes of subdivisions (a) and (b), and except as
provided in paragraph (2), a child or ward under the age of six years
who weighs less than 60 pounds may ride in the front seat of a motor
vehicle if the child is properly secured in a child passenger
restraint system that meets applicable federal motor vehicle safety
standards, under any of the following circumstances:
(A) There is no rear seat.
(B) The rear seats are side-facing jump seats.
(C) The rear seats are rear-facing seats.
(D) The child passenger restraint system cannot be installed
properly in the rear seat.
(E) All rear seats are already occupied by children under the age
of 8 years.
(F) Medical reasons necessitate that the child or ward not ride in
the rear seat. The court may require satisfactory proof of the child'
s medical condition.
(2) A child or ward may not ride in the front seat of a motor
vehicle with an active passenger airbag if the child or ward is one
of the following:
(A) Under one year of age.
(B) Less than 20 pounds.
(C) Riding in a rear-facing child passenger restraint system.
(d) (1) (A) A first offense under this section is punishable by a
fine of one hundred dollars ($100), except that the court may reduce
or waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of a child passenger restraint system for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced, the
court shall report the conviction to the department pursuant to
Section 1803.
(B) The court may require a defendant described under this section
to attend an education program that includes demonstration of proper
installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(2) (A) A second or subsequent offense under this section is
punishable by a fine of two hundred fifty dollars ($250), no part of
which may be waived by the court, except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced, the
court shall report the conviction to the department pursuant to
Section 1803.
(B) The court may require a defendant described under this section
to attend an education program that includes demonstration of proper
installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(e) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
(1) (A) Sixty percent to health departments of local jurisdictions
where the violation occurred, to be used for a community education
program that includes, but is not limited to, demonstration of the
installation of a child passenger restraint system for children of
all ages and also assists an economically disadvantaged family in
obtaining a restraint system through a low-cost purchase or loan. The
county or city health department shall designate a coordinator to
facilitate the creation of a special account and to develop a
relationship with the court system to facilitate the transfer of
funds to the program. The county or city may contract for the
implementation of the program. Prior to obtaining possession of a
child passenger restraint system pursuant to this section, a person
shall attend an education program that includes demonstration of
proper installation and use of a child passenger restraint system.
(B) As the proceeds from fines become available, county or city
health departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county or city shall forward the
listing to the Office of Traffic Safety in the Business,
Transportation and Housing Agency and the courts, birthing centers,
community child health and disability prevention programs, county
clinics, prenatal clinics, women, infants, and children programs, and
county hospitals in that county, who shall make the listing
available to the public. The Office of Traffic Safety shall maintain
a listing of all of the programs in the state.
(2) Twenty-five percent to the county or city for the
administration of the program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
SEC. 3. Section 27360 of the Vehicle
Code is repealed.
27360. (a) A parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, may not permit his or her child
or ward to be transported upon a highway in the motor vehicle
without properly securing the child or ward in a rear seat in a child
passenger restraint system meeting applicable federal motor vehicle
safety standards, unless the child or ward is one of the following:
(1) Six years of age or older.
(2) Sixty pounds or more.
(b) (1) A driver may not transport on a highway a child in a motor
vehicle, as defined in Section 27315, without properly securing the
child in a rear seat in a child passenger restraint system meeting
applicable federal motor vehicle safety standards, unless the child
is one of the following:
(A) Six years of age or older.
(B) Sixty pounds or more.
(2) This subdivision does not apply to a driver if the parent or
legal guardian of the child is also present in the vehicle and is not
the driver.
(c) (1) For purposes of subdivisions (a) and (b), and except as
provided in paragraph (2), a child or ward under the age of six years
who weighs less than 60 pounds may ride in the front seat of a motor
vehicle, if properly secured in a child passenger restraint system
that meets applicable federal motor vehicle safety standards, under
any of the following circumstances:
(A) There is no rear seat.
(B) The rear seats are side-facing jump seats.
(C) The rear seats are rear-facing seats.
(D) The child passenger restraint system cannot be installed
properly in the rear seat.
(E) All rear seats are already occupied by children under the age
of 12 years.
(F) Medical reasons necessitate that the child or ward not ride in
the rear seat. The court may require satisfactory proof of the child'
s medical condition.
(2) A child or ward may not ride in the front seat of a motor
vehicle with an active passenger airbag if the child or ward is one
of the following:
(A) Under one year of age.
(B) Less than 20 pounds.
(C) Riding in a rear-facing child passenger restraint system.
(d) (1) (A) A first offense under this section is punishable by a
fine of one hundred dollars ($100), except that the court may reduce
or waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of a child passenger restraint system for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced, the
court shall report the conviction to the department pursuant to
Section 1803.
(B) The court may require a defendant described under this section
to attend an education program that includes demonstration of proper
installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(2) (A) A second or subsequent offense under this section is
punishable by a fine of two hundred fifty dollars ($250), no part of
which may be waived by the court, except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced, the
court shall report the conviction to the department pursuant to
Section 1803.
(B) The court may require a defendant described under this section
to attend an education program that includes demonstration of proper
installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(e) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
(1) (A) Sixty percent to health departments of local jurisdictions
where the violation occurred, to be used for a community education
program that includes, but is not limited to, demonstration of the
installation of a child passenger restraint system for children of
all ages and also assists an economically disadvantaged family in
obtaining a restraint system through a low-cost purchase or loan. The
county or city health department shall designate a coordinator to
facilitate the creation of a special account and to develop a
relationship with the court system to facilitate the transfer of
funds to the program. The county or city may contract for the
implementation of the program. Prior to obtaining
possession of a child passenger
restraint system pursuant to this section, a person shall attend an
education program that includes demonstration of proper installation
and use of a child passenger restraint system.
(B) As the proceeds from fines become available, county or city
health departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county or city shall forward the
listing to the Office of Traffic Safety in the Business,
Transportation and Housing Agency and the courts, birthing centers,
community child health and disability prevention programs, county
clinics, prenatal clinics, women, infants, and children programs, and
county hospitals in that county, who shall make the listing
available to the public. The Office of Traffic Safety shall maintain
a listing of all of the programs in the state.
(2) Twenty-five percent to the county or city for the
administration of the program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
SEC. 4. Section 27360 is added to the
Vehicle Code , to read:
27360. (a) Except as provided in Section 27363 a parent, legal
guardian, or driver shall not transport on a highway in a motor
vehicle, as defined in paragraph (1) of subdivision (3) of Section
27315, a child or ward who is under eight years of age, without
properly securing that child in a rear seat in an appropriate child
passenger restraint system meeting applicable federal motor vehicle
safety standards.
(b) Subdivision (a) does not apply to a driver if the parent or
legal guardian of the child is also present in the motor vehicle and
is not the driver.
SEC. 5. Section 27360.5 of the Vehicle
Code is repealed.
27360.5. (a) No parent or legal guardian, when present in a motor
vehicle, as defined in Section 27315, may permit his or her child or
ward who is six years of age or older, but less than 16 years of
age, or who is less than six years of age and weighs 60 pounds or
more to be transported upon a highway in the motor vehicle without
properly securing the child or ward in an appropriate child passenger
restraint system or safety belt meeting applicable federal motor
vehicle safety standards.
(b) No driver may transport on a highway any child who is six
years of age or older, but less than 16 years of age, or who is less
than six years of age and weighs 60 pounds or more in a motor
vehicle, as defined in Section 27315, without properly securing the
child in a child passenger restraint system or safety belt meeting
applicable federal motor vehicle safety standards. This subdivision
does not apply to a driver if the parent or legal guardian of the
child is also present in the vehicle and is not the driver.
(c) (1) A first offense under this section is punishable by a fine
of one hundred dollars ($100), except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead, refers the defendant to a child restraint education
program that includes, but is not limited to, demonstration of the
proper installation and use of child passenger restraint systems for
children of all ages, and provides economically disadvantaged
families with a child passenger restraint low-cost purchase or loaner
program. Upon completion of the program, the defendant shall provide
proof of participation in the program that includes an inspection of
a child passenger restraint system that meets applicable federal
safety standards. If an education program on the proper installation
and use of a child passenger restraint system is not available within
50 miles of the residence of the defendant, the requirement to
participate in that program shall be waived. If the fine is paid,
waived, or reduced, the court shall report the conviction to the
department pursuant to Section 1803.
The court may, at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
(2) A second or subsequent offense under this section is
punishable by a fine of two hundred fifty dollars ($250), no part of
which may be waived by the court, except that the court may reduce or
waive the fine if the defendant establishes to the satisfaction of
the court that he or she is economically disadvantaged, and the
court, instead refers the defendant to a community education program
that includes, but is not limited to, education on the proper
installation and use of child passenger restraint systems for
children of all ages, and provides certification to the court of
completion of that program. Upon completion of the program, the
defendant shall provide proof of participation in the program. If an
education program on the proper installation and use of a child
passenger restraint system is not available within 50 miles of the
residence of the defendant, the requirement to participate in that
program shall be waived. If the fine is paid, waived, or reduced, the
court shall report the conviction to the department pursuant to
Section 1803.
The court may at its discretion, require any defendant described
under this section to attend an education program that includes
demonstration of proper installation and use of child passenger
restraint systems and provides certification to the court that the
defendant has presented for inspection a child passenger restraint
system that meets applicable federal safety standards.
(d) Notwithstanding any other provision of law, the fines
collected for a violation of this section shall be allocated as
follows:
(1) Sixty percent to county or city health departments where the
violation occurred, to be used for an education program that
includes, but is not limited to, the demonstration of proper
installation and use of child passenger restraint systems for
children of all ages and provides child restraints for loan or
low-cost purchase.
(2) Twenty-five percent to the county or city for the
administration of the program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
SEC. 6. Section 27360.5 is added t o
the Vehicle Code , to read:
27360.5. (a) A parent, legal guardian, or driver shall not
transport on a highway in a motor vehicle, as defined in paragraph
(1) of subdivision (c) of Section 27315, a child or ward who is eight
years of age or older, but less than 16 years of age, without
properly securing that child or ward in an appropriate child
passenger restraint system or safety belt meeting applicable federal
motor vehicle safety standards.
(b) Subdivision (a) does not apply to a driver if the parent or
legal guardian of the child is also present in the motor vehicle and
is not the driver.
SEC. 7. Section 27360.6 is added to the
Vehicle Code , to read:
27360.6. (a) (1) For a conviction under Section 27360 or 27360.5,
a first offense is punishable by a fine of one hundred dollars
($100), except that the court may reduce or waive the fine if the
defendant establishes to the satisfaction of the court that he or she
is economically disadvantaged, and the court, instead, refers the
defendant to a community education program that includes, but is not
limited to, education on the proper installation and use of a child
passenger restraint system for children of all ages, and provides
certification to the court of completion of that program. Upon
completion of the program, the defendant shall provide proof of
participation in the program. If an education program on the proper
installation and use of a child passenger restraint system is not
available within 50 miles of the residence of the defendant, the
requirement to participate in that program shall be waived. If the
fine is paid, waived, or reduced, the court shall report the
conviction to the department pursuant to Section 1803.
(2) The court may require a defendant described under paragraph
(1) to attend an education program that includes demonstration of
proper installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(b) (1) A second or subsequent conviction under Section 27360 or
27360.5 is punishable by a fine of two hundred fifty dollars ($250),
no part of which may be waived by the court, except that the court
may reduce or waive the fine if the defendant establishes to the
satisfaction of the court that he or she is economically
disadvantaged, and the court, instead refers the defendant to a
community education program that includes, but is not limited to,
education on the proper installation and use of child passenger
restraint systems for children of all ages, and provides
certification to the court of completion of that program. Upon
completion of the program, the defendant shall provide proof of
participation in the program. If an education program on the proper
installation and use of a child passenger restraint system is not
available within 50 miles of the residence of the defendant, the
requirement to participate in that program shall be waived. If the
fine is paid, waived, or reduced, the court shall report the
conviction to the department pursuant to Section 1803.
(2) The court may require a defendant described under paragraph
(1) to attend an education program that includes demonstration of
proper installation and use of a child passenger restraint system and
provides certification to the court that the defendant has presented
for inspection a child passenger restraint system that meets
applicable federal safety standards.
(c) Notwithstanding any other law, the fines collected under this
section shall be allocated as follows:
(1) (A) Sixty percent to health departments of local jurisdictions
where the violation occurred, to be used for a community education
and assistance program that includes, but is not limited to,
demonstration of the proper installation and use of child passenger
restraint systems for children of all ages and assistance to
economically disadvantaged families in obtaining a restraint system
through a low-cost purchase or loan. The county or city health
department shall designate a coordinator to facilitate the creation
of a special account and to develop a relationship with the court
system to facilitate the transfer of funds to the program. The county
or city may contract for the implementation of the program. Prior to
obtaining possession of a child passenger restraint system pursuant
to this subdivision, a person shall attend an education program that
includes demonstration of proper installation and use of a child
passenger restraint system.
(B) As the proceeds from fines become available, county or city
health departments shall prepare and maintain a listing of all child
passenger restraint low-cost purchase or loaner programs in their
counties, including a semiannual verification that all programs
listed are in existence. Each county or city shall forward the
listing to the Office of Traffic Safety in the Business,
Transportation and Housing Agency and the courts, birthing centers,
community child health and disability prevention programs, county
clinics, prenatal clinics, women, infants, and children programs, and
county hospitals in that county, who shall make the listing
available to the public. The Office of Traffic Safety shall maintain
a listing of all of the programs in the state.
(2) Twenty-five percent to the county or city for the
administration of the community education program.
(3) Fifteen percent to the city, to be deposited in its general
fund except that, if the violation occurred in an unincorporated
area, this amount shall be allocated to the county for purposes of
paragraph (1).
SEC. 8. Section 27361 of the Vehicle
Code is amended to read:
27361. A law enforcement officer reasonably suspecting a
violation of Section 27360 or 27360.5, or both of those sections, may
stop a vehicle transporting a child appearing to the officer to be
within the age or weight specified in Section
27360 or 27360.5. The officer may issue a notice to appear for a
violation of Section 27360 or 27360.5.
SEC. 9. Section 27363 of the Vehicle
Code is amended to read:
27363. (a) The court may exempt from the requirements of this
article any class of child by age, weight, or size if it is
determined that the use of a child passenger restraint system would
be impractical by reason of physical unfitness, medical condition, or
size. The court may require satisfactory proof of the child's
physical unfitness, medical condition, or size and that an
appropriate special needs child passenger restraint system is not
available.
(b) In case of a life-threatening emergency, or when a child is
being transported in an authorized emergency vehicle, if there is no
child passenger restraint system available, a child may be
transported without the use of that system, but the child shall be
secured by a seatbelt.
(c) A child weighing more than 40 pounds may be transported in the
backseat of a vehicle while wearing only a lap safety belt when the
backseat of the vehicle is not equipped with a combination lap and
shoulder safety belt.
(d) This section shall become operative on January 1, 2002.
(d) Notwithstanding Section 27360, a child or ward under the age
of eight years who is four feet nine inches in height or taller may
be properly restrained by a safety belt, as defined in paragraph (2)
of subdivision (d) of Section 27315, rather than by a child passenger
restraint system.
(e) Notwithstanding Section 27360, a child or ward under eight
years of age may ride properly secured in an appropriate child
passenger restraint system meeting applicable federal motor vehicle
safety standards in the front seat of a motor vehicle under any of
the following circumstances:
(1) There is no rear seat.
(2) The rear seats are side-facing jump seats.
(3) The rear seats are rear-facing seats.
(4) The child passenger restraint system cannot be installed
properly in the rear seat.
(5) All rear seats are already occupied by children seven years of
age or under.
(6) Medical reasons necessitate that the child or ward not ride in
the rear seat. The court may require satisfactory proof of the child'
s medical condition.
(f) Notwithstanding subdivision (e), a child shall not be
transported in a rear-facing child passenger restraint system in the
front seat of a motor vehicle that is equipped with an active frontal
passenger airbag.
SEC. 10. Section 27363.5 of the Vehicle
Code is amended to read:
27363.5. (a) Every A public or
private hospital, clinic, or birthing center, shall, at the time of
the discharge of a child provide and discuss information on the
current law requiring child passenger restraint systems , safety
belts, and the transportation of children in rear seats to the
parents or the person to whom the child is released when at
least one of the following conditions is met: if the
child is under eight years of age.
(1) The child is less than six years of age.
(2) The child weighs less than 60 pounds.
(b) A public or private hospital, clinic, or birthing center shall
not be responsible for the failure of the parent or person to whom
the child is released to use a child passenger restraint system.
(c) This section shall become operative on January 1, 2002.
(b) A public or private hospital, clinic, or birthing center shall
not be responsible for the failure of the parent or person to whom
the child is released to properly transport the child.
SEC. 11. Section 27365 of the Vehicle
Code is amended to read:
27365. (a) (1) Every A car rental
agency in California shall inform each of its customers of Section
27360 by posting, in a place conspicuous to the public in each
established place of business of the agency, a notice not smaller
than 15 by 20 inches which states the following: "CALIFORNIA
LAW REQUIRES ALL CHILDREN UNDER 6 YEARS OF AGE WHO WEIGH LESS THAN
60 POUNDS TO BE TRANSPORTED IN THE BACK SEAT OF THE VEHICLE IN A
CHILD RESTRAINT SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL
A CHILD RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM
YOURSELF."
"CALIFORNIA LAW REQUIRES ALL CHILDREN UNDER 8 YEARS OF AGE TO BE
TRANSPORTED IN THE REAR SEAT OF THE VEHICLE IN A CHILD RESTRAINT
SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL OF A CHILD
RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM
YOURSELF."
(2) The posted notice specified in paragraph (1) is not required
if the car rental agency's place of business is located in a hotel
that has a business policy prohibiting the posting of signs or
notices in any area of the hotel. In that case, a car rental agency
shall furnish a written notice to each customer that contains the
same information as required for the posted notice.
(b) Every car rental agency in California shall have available
for, and shall, upon request, provide for rental to, adults traveling
with children under six eight years of
age, child passenger restraint systems that are certified by the
manufacturer to meet applicable federal motor vehicle safety
standards for use by children weighing 60 pounds or less
, are in good and safe condition, with no missing original
parts, and are not older than five years.
(c) A violation of this section is an infraction punishable by a
fine of one hundred dollars ($100).
SEC. 12. The Legislature finds and declares that
this act allows the state to be eligible for federal grants pursuant
to Section 2011 of the federal Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Public
Law 109-59) for public education and the provision of low-cost and
no-cost booster seats.
SEC. 4. SEC. 13. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
