House File 2043 - Introduced
HOUSE FILE
BY JACOBY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act concerning the requirements for the use of safety belts
2 and safety harnesses in motor vehicles.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5392HH 82
5 dea/rj/5
PAG LIN
1 1 Section 1. Section 321.445, subsection 2, Code 2007, is
1 2 amended to read as follows:
1 3 2. a. The driver and front seat occupants of a type of
1 4 motor vehicle 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 including both a lap belt and a shoulder belt if the vehicle
1 8 is so equipped, any time the vehicle is in forward motion on a
1 9 street or highway in this state, except that a child under
1 10 eleven years of age shall be secured as required under section
1 11 321.446. This subsection does not apply to:
1 12 This subsection does not apply to:
1 13 a. (1) The driver or front seat occupants of a motor
1 14 vehicle which is not required to be equipped with safety belts
1 15 or safety harnesses.
1 16 b. (2) The driver and front seat occupants of a motor
1 17 vehicle who are actively engaged in work which requires them
1 18 to alight from and reenter the vehicle at frequent intervals,
1 19 providing the vehicle does not exceed twenty=five miles per
1 20 hour between stops. This exemption applies only when the
1 21 vehicle is traveling between stops in a speed zone with a
1 22 legal speed limit of twenty=five miles per hour or less.
1 23 c. (3) The driver of a motor vehicle while performing
1 24 duties as a rural letter carrier for the United States postal
1 25 service. This exemption applies only between the first
1 26 delivery point after leaving the post office and the last
1 27 delivery point before returning to the post office.
1 28 d. (4) Passengers on a bus.
1 29 e. (5) A person possessing a written certification from a
1 30 health care provider licensed under chapter 148, 150, 150A, or
1 31 151 on a form provided by the department that the person is
1 32 unable to wear a safety belt or safety harness due to physical
1 33 or medical reasons. The certification shall specify the time
1 34 period for which the exemption applies. The time period shall
1 35 not exceed twelve months, at which time a new certification
2 1 may be issued unless the certifying health care provider is
2 2 from a United States military facility, in which case the
2 3 certificate may specify a longer period of time or a permanent
2 4 exemption.
2 5 f. (6) Front seat occupants of an authorized emergency
2 6 vehicle while they are being transported in an emergency.
2 7 However, this exemption does not apply to the driver of the
2 8 authorized emergency vehicle.
2 9 b. The department, in cooperation with the department of
2 10 public safety and the department of education, shall establish
2 11 educational programs to foster compliance with the safety belt
2 12 and safety harness usage requirements of this subsection.
2 13 EXPLANATION
2 14 This bill revises the existing requirement that the driver
2 15 and front seat occupants of a motor vehicle of a type subject
2 16 to registration, other than a motorcycle or motorized bicycle,
2 17 must each wear a properly adjusted and fastened seat belt or
2 18 safety harness when the vehicle is in motion. The bill
2 19 specifies that if the vehicle is equipped with both lap belts
2 20 and shoulder belts, both must be worn by the driver and front
2 21 seat occupants.
2 22 The bill also provides that the exemption from seat belt
2 23 use for persons who are actively engaged in work which
2 24 requires them to alight from and reenter the vehicle at
2 25 frequent intervals applies only when the vehicle is traveling
2 26 between stops in a speed zone of 25 miles per hour or less.
2 27 Under current law, a violation of seat belt requirements is
2 28 punishable by a scheduled fine of $25. Such offenses are not
2 29 considered in the calculation of accumulated convictions that
2 30 determine "habitual offender" status, leading to driver's
2 31 license sanctions.
2 32 LSB 5392HH 82
2 33 dea/nh/5