Bill Text: PA HB236 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for restraint systems.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-01-26 - Referred to TRANSPORTATION [HB236 Detail]

Download: Pennsylvania-2011-HB236-Introduced.html

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PRINTER'S NO. 188
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 236 Session of2011
INTRODUCED BY GODSHALL, CARROLL, D. COSTA, EVERETT, HORNAMAN, PRESTON, SANTARSIERO, K. SMITH, J. TAYLOR AND VULAKOVICH, JANUARY 26, 2011
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 26, 2011
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for restraint systems.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4581(a), (b), (c), (e) and (g) of Title
75 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 4581. Restraint systems.
(a) Occupant protection.--
(1) Any person who is operating a passenger car, Class I
truck, Class II truck, classic motor vehicle, antique motor
vehicle or motor home and who transports a child under four
years of age anywhere in the motor vehicle, including the
cargo area, shall fasten such child securely in a child
passenger restraint system, as defined in subsection (d).
This subsection shall apply to all persons while they are
operators of motor vehicles where a seating position is
available which is equipped with a seat safety belt or other
means to secure the systems or where the seating position was
originally equipped with seat safety belts.
[(1.1) Any person who is operating a passenger car,
Class I truck, Class II truck, classic motor vehicle, antique
motor vehicle or motor home and who transports a child four
years of age or older but under eight years of age anywhere
in the motor vehicle, including the cargo area, shall fasten
such child securely in a fastened safety seat belt system and
in an appropriately fitting child booster seat, as defined in
subsection (d). This paragraph shall apply to all persons
while they are operators of motor vehicles where a seating
position is available which is equipped with a seat safety
belt or other means to secure the systems or where the
seating position was originally equipped with seat safety
belts. A conviction under this paragraph by State or local
law enforcement agencies shall occur only as a secondary
action when a driver of a motor vehicle has been convicted of
violating any other provision of this title.]
(2) Except for children under [eight] four years of age
and except as provided in [paragraphs (1) and (1.1)]
paragraph (1), each driver and front seat occupant of a
passenger car, Class I truck, Class II truck or motor home
operated in this Commonwealth shall wear a properly adjusted
and fastened safety seat belt system. [A conviction under
this paragraph by State or local law enforcement agencies
shall occur only as a secondary action when a driver of a
motor vehicle has been convicted of any other provision of
this title.] The driver of a passenger automobile shall
secure or cause to be secured in a properly adjusted and
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fastened safety seat belt system any occupant who is [eight]
four years of age or older and less than 18 years of age.
This paragraph shall not apply to:
(i) A driver or front seat occupant of any vehicle
manufactured before July 1, 1966.
(ii) A driver or front seat occupant who possesses a
written verification from a physician that he is unable
to wear a safety seat belt system for physical or medical
reasons, or from a psychiatrist or other specialist
qualified to make an informed judgment that he is unable
to wear a safety seat belt system for psychological
reasons.
(iii) A rural letter carrier while operating any
motor vehicle during the performance of his duties as a
United States postal service rural letter carrier only
between the first and last delivery points.
(iv) A driver who makes frequent stops and is
traveling less than 15 miles per hour for the purpose of
delivering goods or services while in the performance of
his duties and only between the first and last delivery
points.
A violation of this paragraph shall not be subject to the
assessment of any points under section 1535 (relating to
schedule of convictions and points).
(3) A driver who is under 18 years of age may not
operate a motor vehicle in which the number of passengers
exceeds the number of available safety seat belts in the
vehicle.
(b) Offense.--Anyone who fails to comply with the provisions
of [subsection (a)(1) or (1.1) shall be guilty of a summary
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offense with a maximum fine of $100. The court imposing and
collecting any such fines shall transfer the fines thus
collected to the State Treasurer for deposit in the Child
Passenger Restraint Fund, pursuant to section 4582 (relating to
Child Passenger Restraint Fund). Anyone who violates subsection
(a)(2) or (3) commits a summary offense and shall, upon
conviction, be sentenced to pay a fine of $10. No person shall
be convicted of a violation of subsection (a)(2) unless the
person is also convicted of another violation of this title
which occurred at the same time. No costs as described in 42
Pa.C.S. § 1725.1 (relating to costs) shall be imposed for
summary conviction of subsection (a)(2) or (3).] this subsection
commits a summary offense and shall, upon conviction, be
sentenced to pay a fine of $25. No other fee, fine or court cost
shall be imposed for violation of this section. Conviction under
this subsection shall not constitute a moving violation.
(c) Waiver of fine.--If a person receives a citation issued
by the proper authority for violation of subsection (a)(1) [or
(1.1)], a magisterial district judge, magistrate or judge shall
dismiss the charges if the person prior to or at the person's
hearing displays evidence of acquisition of a child passenger
restraint system [or child booster seat] to such magisterial
district judge, magistrate or judge. Sufficient evidence shall
include a receipt mailed to the appropriate court officer which
evidences purchase, rental, transferal from another child seat
owner (evidenced by notarized letter) or bailment from a bona
fide loaner program of a child passenger restraint system [or
child booster seat].
* * *
[(e) Civil actions.--In no event shall a violation or
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alleged violation of this subchapter be used as evidence in a
trial of any civil action; nor shall any jury in a civil action
be instructed that any conduct did constitute or could be
interpreted by them to constitute a violation of this
subchapter; nor shall failure to use a child passenger restraint
system, child booster seat or safety seat belt system be
considered as contributory negligence nor shall failure to use
such a system be admissible as evidence in the trial of any
civil action; nor shall this subchapter impose any legal
obligation upon or impute any civil liability whatsoever to an
owner, employer, manufacturer, dealer or person engaged in the
business of renting or leasing vehicles to the public to equip a
vehicle with a child passenger restraint system or child booster
seat or to have such child passenger restraint system or child
booster seat available whenever their vehicle may be used to
transport a child.]
* * *
(g) Exemptions.--Exemptions will be allowed if it is
determined, according to the rules and regulations of the
department, that the use of a child passenger restraint system
[or child booster seat] would be impractical for physical
reasons including, but not limited to, medical reasons or size
of the child.
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Section 2. This act shall take effect in 120 days.
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