Senate File 34SENATE FILE BY JOHNSON and HANCOCK Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring the use of child restraint systems or seat belts 2 by motor vehicle passengers under eighteen years of age and 3 making a penalty applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1586SS 82 6 dea/gg/14 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 any time the vehicle is in forward motion on a street or 1 8 highway in this state except that a child under eleven1 9 eighteen years of age shall be secured as required under 1 10 section 321.446. 1 11 b. This subsection does not apply to: 1 12a.(1) The driver or front seat occupants of a motor 1 13 vehicle which is not required to be equipped with safety belts 1 14 or safety harnesses. 1 15b.(2) The driver and front seat occupants of a motor 1 16 vehicle who are actively engaged in work which requires them 1 17 to alight from and reenter the vehicle at frequent intervals, 1 18 providing the vehicle does not exceed twenty=five miles per 1 19 hour between stops. 1 20c.(3) The driver of a motor vehicle while performing 1 21 duties as a rural letter carrier for the United States postal 1 22 service. This exemption applies only between the first 1 23 delivery point after leaving the post office and the last 1 24 delivery point before returning to the post office. 1 25d.(4) Passengers on a bus. 1 26e.(5) A person possessing a written certification from a 1 27 health care provider licensed under chapter 148, 150, 150A, or 1 28 151 on a form provided by the department that the person is 1 29 unable to wear a safety belt or safety harness due to physical 1 30 or medical reasons. The certification shall specify the time 1 31 period for which the exemption applies. The time period shall 1 32 not exceed twelve months, at which time a new certification 1 33 may be issued unless the certifying health care provider is 1 34 from a United States military facility, in which case the 1 35 certificate may specify a longer period of time or a permanent 2 1 exemption. 2 2f.(6) Front seat occupants of an authorized emergency 2 3 vehicle while they are being transported in an emergency. 2 4 However, this exemption does not apply to the driver of the 2 5 authorized emergency vehicle. 2 6 c. The department, in cooperation with the department of 2 7 public safety and the department of education, shall establish 2 8 educational programs to foster compliance with the safety belt 2 9 and safety harness usage requirements of this subsection. 2 10 Sec. 2. Section 321.446, subsection 2, Code 2007, is 2 11 amended to read as follows: 2 12 2. A child at least six years of age but undereleven2 13 eighteen years of age who is being transported in a motor 2 14 vehicle subject to registration, except a school bus or 2 15 motorcycle, shall be secured during transit by a child 2 16 restraint system that is used in accordance with the 2 17 manufacturer's instructions or by a safety belt or safety 2 18 harness of a type approved under section 321.445. 2 19 EXPLANATION 2 20 This bill requires that all persons under 18 years of age 2 21 who are being transported in a motor vehicle, other than a 2 22 school bus or motorcycle, be secured by an approved child 2 23 restraint system or a seat belt regardless of seating 2 24 position. 2 25 Pursuant to existing law, a motor vehicle operator who 2 26 violates child restraint requirements commits a simple 2 27 misdemeanor subject to a scheduled fine of $25. However, such 2 28 offenses are not considered for purposes of determining a 2 29 habitual offender of motor vehicle laws. 2 30 LSB 1586SS 82 2 31 dea:nh/gg/14