Bill Text: MI HB5913 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Vehicles; equipment; all passengers in motor vehicle to wear seat belts; require. Amends sec. 710e of 1949 PA 300 (MCL 257.710e).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-03 - Printed Bill Filed 03/03/2010 [HB5913 Detail]

Download: Michigan-2009-HB5913-Introduced.html

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HOUSE BILL No. 5913

 

March 2, 2010, Introduced by Rep. Lipton 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 2008 PA 43.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 710e. (1) This section does not apply to an 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 operator or passenger possesses a

 

written verification from a physician that the 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 The operator and front seat each passenger of a motor

 

vehicle operated on a street or highway in this state shall wear a

 

properly adjusted and fastened safety belt except as follows:

 

     (a) A child who is less than 4 years of age shall be protected

 

as required in section 710d.

 

     (b) A child who is 4 years of age or older but less than 8

 

years of age and who is less than 4 feet 9 inches in height shall

 

be properly secured in a child restraint system in accordance with

 

the child restraint manufacturer's and vehicle manufacturer's

 

instructions and the standards prescribed in 49 CFR 571.213.

 

     (4) 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 operator of the motor

 

vehicle is in compliance with this section.

 

     (5) Except as otherwise provided in subsection (3)(b), each

 

the operator of a motor vehicle transporting a child 4 years of age

 

or older but less than 16 years of age in a motor vehicle shall

 

secure the child in a properly adjusted and fastened safety belt

 

and seated as required under this section. 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 operator and all

 

front seat passengers comply with subsection (3), the operator of a

 

motor vehicle transporting a child 8 years of age or older 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

 

operator may transport the child in the front seat without a safety

 

belt.

 

     (6) 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, enforcement of this section by state or local law

 

enforcement agencies shall be accomplished only as a secondary

 

action when an operator of a motor vehicle has been detained for a

 

suspected violation of another section of this act.

 

     (7) 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, that negligence shall not

 

reduce the recovery for damages by more than 5%.

 

     (8) A person who violates this section is responsible for a

 

civil infraction.

 

     (9) A law enforcement agency shall conduct an investigation

 

for all reports of police harassment that result from the

 

enforcement of this section.

 

     (10) 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 motor vehicle operators. 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) 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) 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.

 

     (13) Points shall not be assessed under section 320a for a

 

violation of this section.