House File 2124
HOUSE FILE
BY LENSING, TJEPKES, HOGG,
J. R. VAN FOSSEN, OLDSON,
BAUDLER, and PETERSEN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act modifying requirements for securing children transported
2 in motor vehicles and making a penalty applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5740HH 80
5 dea/sh/8
PAG LIN
1 1 Section 1. Section 321.445, subsection 2, unnumbered
1 2 paragraph 1, Code 2003, is amended to read as follows:
1 3 The driver and front seat occupants of a type of motor
1 4 vehicle which that is subject to registration in Iowa, except
1 5 a motorcycle or a motorized bicycle, shall each wear a
1 6 properly adjusted and fastened safety belt or safety harness
1 7 any time the vehicle is in forward motion on a street or
1 8 highway in this state except that a child under six eleven
1 9 years of age shall be secured as required under section
1 10 321.446.
1 11 Sec. 2. Section 321.446, subsections 1, 2, and 4, Code
1 12 2003, are amended to read as follows:
1 13 1. a. A child under one year of age and weighing less
1 14 than twenty pounds who is being transported in a motor vehicle
1 15 subject to registration, except a school bus or motorcycle,
1 16 shall be secured during transit in a rear=facing child
1 17 restraint system that is used in accordance with the
1 18 manufacturer's instructions.
1 19 b. A child under three six years of age who does not meet
1 20 the description in paragraph "a" and who is being transported
1 21 in a motor vehicle subject to registration, except a school
1 22 bus or motorcycle, shall be secured during transit by a child
1 23 restraint system which meets federal motor vehicle safety
1 24 standards, and the system shall be that is used in accordance
1 25 with the manufacturer's instructions.
1 26 2. A child at least three six years of age but under six
1 27 eleven years of age who is being transported in a motor
1 28 vehicle subject to registration, except a school bus or
1 29 motorcycle, shall be secured during transit by either a child
1 30 restraint system that meets federal motor vehicle safety
1 31 standards and is used in accordance with the manufacturer's
1 32 instructions, or by a safety belt or safety harness of a type
1 33 approved under section 321.445.
1 34 4. a. The An operator who violates subsection 1 or 2 is
1 35 guilty of a simple misdemeanor and subject only to the penalty
2 1 provisions of section 805.8A, subsection 14, paragraph "c".
2 2 b. During the twelve=month period beginning July 1, 2004,
2 3 and ending June 30, 2005, peace officers shall issue only
2 4 warning citations for violations of subsections 1 and 2,
2 5 provided the operator is, at a minimum, in compliance with the
2 6 provisions of subsections 1 and 2, Code 2003. A peace officer
2 7 may issue a citation for a violation of this section or
2 8 section 321.445, as applicable, to an operator who is not in
2 9 compliance with section 321.446, subsections 1 and 2, Code
2 10 2003, in regard to a child under six years of age, or section
2 11 321.445, Code 2003, in regard to a child at least six years of
2 12 age but under eleven years of age. This paragraph is repealed
2 13 July 1, 2005.
2 14 Sec. 3. Section 321.446, Code 2003, is amended by adding
2 15 the following new subsection:
2 16 NEW SUBSECTION. 7. For purposes of this section, "child
2 17 restraint system" means a specially designed seating system,
2 18 including a belt=positioning seat or a booster seat, that
2 19 meets federal motor vehicle safety standards set forth in 49
2 20 C.F.R. } 571.213.
2 21 Sec. 4. The state department of transportation, in
2 22 cooperation with the department of public safety, shall
2 23 develop and implement public awareness and education programs
2 24 to foster compliance with the child restraint system usage
2 25 requirements of this Act.
2 26 EXPLANATION
2 27 This bill relates to Code requirements for securing
2 28 children being transported in a motor vehicle that is subject
2 29 to motor vehicle registration requirements, except school
2 30 buses and motorcycles. The bill amends Code section 321.446
2 31 to require that children under six years of age be secured by
2 32 a child restraint system, and children under one year of age
2 33 and weighing less than 20 pounds be secured in a rear=facing
2 34 child restraint system, meeting federal safety standards and
2 35 used according to the manufacturer's instructions. Currently,
3 1 Code section 321.446 requires that children under three years
3 2 of age be secured by a child restraint system, and children at
3 3 least three but under six years of age be secured by a child
3 4 restraint system or by a safety belt or safety harness.
3 5 The bill also amends Code section 321.446 to require that
3 6 children who are at least six but less than 11 years of age be
3 7 secured by either a child restraint system or by a safety belt
3 8 or safety harness. Currently, children who are six years of
3 9 age or over but under 11 years of age are only covered by Code
3 10 section 321.445, which requires all front seat occupants of a
3 11 motor vehicle to be secured by a safety belt or safety
3 12 harness.
3 13 A violation of any of the provisions of the bill is a
3 14 simple misdemeanor punishable by a scheduled fine of $25.
3 15 However, during the first year following enactment of the new
3 16 requirements, peace officers shall issue only warning
3 17 citations for violations of the new requirements, provided the
3 18 motor vehicle operator is, at a minimum, in compliance with
3 19 the child restraint or safety belt or safety harness
3 20 requirements in effect prior to July 1, 2004. Peace officers
3 21 may continue to issue citations for violations of the child
3 22 restraint or safety belt or safety harness requirements as
3 23 they existed under the old law.
3 24 The bill requires the state department of transportation,
3 25 in cooperation with the department of public safety, to engage
3 26 in a public education effort regarding the new child restraint
3 27 requirements.
3 28 LSB 5740HH 80
3 29 dea/sh/8