Text: HF02124 Text: HF02126 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.445, Code 1995, is amended to read 1 2 as follows: 1 3 321.445 SAFETY BELTS AND SAFETY HARNESSES &endash; USE REQUIRED. 1 4 1. Except for motorcycles or motorized bicycles, 1966 1 5 model year or newer motor vehicles, including school buses and 1 6 buses used for public transit, subject to registration in Iowa 1 7 shall be equipped with safety belts and safety harnesses of a 1 8 type and installed in a manner approved by rules adopted by 1 9 the department pursuant to chapter 17A. The department shall 1 10 adopt rules regarding the types of safety belts and safety 1 11 harnesses required to be installed in motor vehicles and the 1 12 manner in which they are installed. The rules shall conform 1 13 with federal motor vehicle safety standard numbers 209 and 210 1 14 as published in 49 C.F.R. }} 571.209-571.210 and with prior 1 15 federal motor vehicle safety standards for seat belt 1 16 assemblies and seat belt assembly anchorages applicable for 1 17 the motor vehicle's model year. The department may adopt 1 18 rules which comply with changes in the applicable federal 1 19 motor vehicle safety standards with regard to the type of 1 20 safety belts and safety harnesses and their manner of 1 21 installation. 1 22 2. The driver and front seat occupants of a type of motor 1 23 vehicle which is subject to registration in Iowa, except a 1 24 motorcycle or a motorized bicycle, and all of the occupants of 1 25 a school bus or bus used for public transit shalleachwear a 1 26 properly adjusted and fastened safety belt or safety harness 1 27 any time the vehicle is in forward motion on a street or 1 28 highway in this state except that a child under six years of 1 29 age shall be secured as required under section 321.446. 1 30 This subsection does not apply to: 1 31 a. The driver or front seat occupants of a motor vehicle 1 32 which is not required to be equipped with safety belts or 1 33 safety harnesses under rules adopted by the department. 1 34 b. The driver and front seat occupants of a motor vehicle 1 35 who are actively engaged in work which requires them to alight 2 1 from and reenter the vehicle at frequent intervals, providing 2 2 the vehicle does not exceed twenty-five miles per hour between 2 3 stops. 2 4 c. The driver of a motor vehicle while performing duties 2 5 as a rural letter carrier for the United States postal 2 6 service. This exemption applies only between the first 2 7 delivery point after leaving the post office and the last 2 8 delivery point before returning to the post office. 2 9 d. Passengers on a bus, other than a school bus or a bus 2 10 used for public transit. 2 11 e. A person possessing a written certification from a 2 12 physician on a form provided by the department that the person 2 13 is unable to wear a safety belt or safety harness due to 2 14 physical or medical reasons. The certification shall specify 2 15 the time period for which the exemption applies. The time 2 16 period shall not exceed twelve months, at which time a new 2 17 certification may be issued unless the certifying physician is 2 18 from a United States military facility, in which case the 2 19 certificate may specify a longer period of time or a permanent 2 20 exemption. 2 21 f. Front seat occupants of an authorized emergency vehicle 2 22 while they are being transported in an emergency. However, 2 23 this exemption does not apply to the driver of the authorized 2 24 emergency vehicle. 2 25During the six-month period from July 1, 1986 through2 26December 31, 1986, peace officers shall issue only warning2 27citations for violations of this subsection, except this does2 28not apply to drivers subject to the federal motor carrier2 29safety regulation 49 C.F.R. } 392.16.2 30 The department, in cooperation with the department of 2 31 public safety and the department of education, shall establish 2 32 educational programs to foster compliance with the safety belt 2 33 and safety harness usage requirements of this subsection. 2 34 3.The driver and front seat passengersThe occupants of a 2 35 vehicle may be each charged separately for improperly used or 3 1 nonused equipment under subsection 2. The owner of the motor 3 2 vehicle may be charged for equipment violations under 3 3 subsection 1. 3 4 4. a. The nonuse of a safety belt or safety harness by a 3 5 person is not admissible or material as evidence in a civil 3 6 action brought for damages in a cause of action involving a 3 7 motor vehicle, other than a school bus or bus used for public 3 8 transit, arising prior to July 1, 1986, and in a cause of 3 9 action involving a school bus or bus used for public transit, 3 10 arising prior to July 1, 2001. 3 11 b. In a cause of action involving a motor vehicle other 3 12 than a school bus or bus used for public transit, arising on 3 13 or after July 1, 1986, or in a cause of action involving a 3 14 school bus or bus used for public transit, arising on or after 3 15 July 1, 2001, brought to recover damages arising out of the 3 16 ownership or operation of a motor vehicle, the failure to wear 3 17 a safety belt or safety harness in violation of this section 3 18 shall not be considered evidence of comparative fault under 3 19 section 668.3, subsection 1. However, except as provided in 3 20 section 321.446, subsection 6, the failure to wear a safety 3 21 belt or safety harness in violation of this section may be 3 22 admitted to mitigate damages, but only under the following 3 23 circumstances: 3 24 (1) Parties seeking to introduce evidence of the failure 3 25 to wear a safety belt or safety harness in violation of this 3 26 section must first introduce substantial evidence that the 3 27 failure to wear a safety belt or safety harness contributed to 3 28 the injury or injuries claimed by the plaintiff. 3 29 (2) If the evidence supports such a finding, the trier of 3 30 fact may find that the plaintiff's failure to wear a safety 3 31 belt or safety harness in violation of this section 3 32 contributed to the plaintiff's claimed injury or injuries, and 3 33 may reduce the amount of plaintiff's recovery by an amount not 3 34 to exceed five percent of the damages awarded after any 3 35 reductions for comparative fault. 4 1 5. The department shall adopt rules pursuant to chapter 4 2 17A providing exceptions from application of subsections 1 and 4 3 2 for front seats and front seat passengers of motor vehicles 4 4 owned, leased, rented, or primarily used by physically 4 5 handicapped persons who use collapsible wheelchairs. 4 6 6. For purposes of this section and section 321.446, "bus 4 7 used for public transit" means a motor bus used in an urban or 4 8 regional transit system in accordance with chapter 324A. 4 9 Sec. 2. Section 321.446, subsections 1, 2, and 5, Code 4 10 1995, are amended to read as follows: 4 11 1. A child under three years of age who is being 4 12 transported in a motor vehicle subject to registration which 4 13 has a gross weight of ten thousand pounds or less as specified 4 14 by the manufacturer, except aschool bus ormotorcycle, shall 4 15 be secured during transit by a child restraint system which 4 16 meets federal motor vehicle safety standards and the system 4 17 shall be used in accordance with the manufacturer's 4 18 instructions. 4 19 2. A child at least three years of age but under six years 4 20 of age who is being transported in a motor vehicle subject to 4 21 registration which has a gross weight of ten thousand pounds 4 22 or less as specified by the manufacturer, except aschool bus4 23ormotorcycle, shall be secured during transit by either a 4 24 child restraint system that meets federal motor vehicle safety 4 25 standards and is used in accordance with the manufacturer's 4 26 instructions, or by a safety belt or safety harness of a type 4 27 approved under section 321.445. 4 28 5. A person, other than the operator of a school bus or a 4 29 bus used for public transit, who is first charged for a 4 30 violation of subsection 1 and who has not purchased or 4 31 otherwise acquired a child restraint system shall not be 4 32 convicted if the person produces in court, within a reasonable 4 33 time, proof that the person has purchased or otherwise 4 34 acquired a child restraint system which meets federal motor 4 35 vehicle safety standards. 5 1 Sec. 3. STATE MANDATE FUNDING. The state shall not pay 5 2 any additional costs incurred by a political subdivision as a 5 3 result of this Act. 5 4 Sec. 4. APPLICABILITY. During the six-month period from 5 5 July 1, 2001, through December 31, 2001, peace officers shall 5 6 issue only warning citations for violations of sections 5 7 321.445 and 321.446, if the violations occur on a school bus 5 8 or bus used for public transit. 5 9 Sec. 5. EFFECTIVE DATE. This Act takes effect on July 1, 5 10 2001. 5 11 EXPLANATION 5 12 This bill requires that occupants of a school bus or a bus 5 13 used for public transit wear a safety belt at all times when 5 14 the bus is in operation. In addition, the current 5 15 requirements that a child under three years of age be secured 5 16 by a child restraint system are made applicable to school 5 17 buses and other buses used for public transit. 5 18 This bill is effective on July 1, 2001, but provides that 5 19 during the six-month period from July 1, 2001, to December 31, 5 20 2001, peace officers shall issue only warning citations for 5 21 seat belt and seat restraint violations, if the violations 5 22 occur on a school bus or bus used for public transit. A 5 23 violation for failure to wear a safety belt or secure a child 5 24 in a proper restraint system is a scheduled fine of $10. 5 25 This bill may include a state mandate. The bill provides 5 26 that the state shall not pay additional costs incurred by a 5 27 political subdivision as a result of this bill. 5 28 LSB 3575YH 76 5 29 js/sc/14
Text: HF02124 Text: HF02126 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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