Text: SF00290 Text: SF00292 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321.445, subsection 2, unnumbered 1 2 paragraph 1, Code 2001, is amended to read as follows: 1 3 The driver and front seat occupants of a type of motor 1 4 vehiclewhichthat 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 undersixthirteen 1 9 years of age shall be secured as required under section 1 10 321.446. 1 11 Sec. 2. Section 321.445, subsection 4, paragraph b, 1 12 unnumbered paragraph 1, Code 2001, is amended to read as 1 13 follows: 1 14 In a cause of action arising on or after July 1, 1986, 1 15 brought to recover damages arising out of the ownership or 1 16 operation of a motor vehicle, the failure to wear a safety 1 17 belt or safety harness in violation of this section shall not 1 18 be considered evidence of comparative fault under section 1 19 668.3, subsection 1. However, except as provided in section 1 20 321.446, subsection67, the failure to wear a safety belt or 1 21 safety harness in violation of this section may be admitted to 1 22 mitigate damages, but only under the following circumstances: 1 23 Sec. 3. Section 321.446, Code 2001, is amended to read as 1 24 follows: 1 25 321.446 CHILD RESTRAINT DEVICES. 1 26 1. A child under three years of age who is being 1 27 transported in a motor vehicle subject to registration, except 1 28 a school bus or motorcycle, shall be secured during transit by 1 29 a child restraint systemwhichthat meets federal motor 1 30 vehicle safety standards, and the system shall be used in 1 31 accordance with the manufacturer's instructions. 1 32 2. A child at least three years of age but undersixseven 1 33 years of age who is being transported in a motor vehicle 1 34 subject to registration, except a school bus or motorcycle, 1 35 shall be secured during transit byeithera child restraint 2 1 system that meets federal motor vehicle safety standards and 2 2 is used in accordance with the manufacturer's instructions, or2 3by a safety belt or safety harness of a type approved under2 4section 321.445. 2 5 3. A child at least seven years of age but under thirteen 2 6 years of age who is being transported in a motor vehicle 2 7 subject to registration, except a school bus or motorcycle, 2 8 shall be secured during transit by a safety belt or safety 2 9 harness of a type approved under section 321.445. 2 103.4. This section does not apply to peace officers acting 2 11 on official duty. This section also does not apply to the 2 12 transportation of children in 1965 model year or older 2 13 vehicles, authorized emergency vehicles, or motor homes, 2 14 except when a child is transported in a motor home's passenger 2 15 seat situated directly to the driver's right. This section 2 16 does not apply to the transportation of a child who has been 2 17 certified by a physician licensed under chapter 148, 150, or 2 18 150A as having a medical, physical, or mental condition which 2 19 prevents or makes inadvisable securing the child in a child 2 20 restraint system, safety belt, or safety harness. 2 214.5.TheAn operator who violates subsection 1,or2, or 2 22 3 is guilty of a simple misdemeanor and subject only to the 2 23 penalty provisions of section 805.8, subsection 2, paragraph 2 24 "x". 2 255.6. A person who is first charged for a violation of 2 26 subsection 1 or 2 and who has not purchased or otherwise 2 27 acquired a child restraint system shall not be convicted if 2 28 the person produces in court, within a reasonable time, proof 2 29 that the person has purchased or otherwise acquired a child 2 30 restraint systemwhichthat meets federal motor vehicle safety 2 31 standards. 2 326.7. Failure to use a child restraint system, safety 2 33 belts, or safety harnesses as required by this section does 2 34 not constitute negligence nor is the failure admissible as 2 35 evidence in a civil action. 3 1 Sec. 4. Section 805.8, subsection 2, paragraph x, Code 3 2 2001, is amended to read as follows: 3 3 x. For failing to secure a child with a child restraint 3 4 system, safety belt, or harness in violation of section 3 5 321.446, the scheduled fine istenfifty dollars. 3 6 EXPLANATION 3 7 This bill amends several Code provisions relating to 3 8 requirements for securing children while being transported in 3 9 a motor vehicle that is subject to motor vehicle registration 3 10 requirements, except school buses and motorcycles. The bill 3 11 amends Code section 321.446 to require children that are at 3 12 least three years old but under seven to be secured during 3 13 transit in such a vehicle by a child restraint system that 3 14 meets federal motor vehicle safety standards and that is used 3 15 in accordance with the manufacturer's instructions. 3 16 Currently, Code section 321.446 requires children that are at 3 17 least three years old but under six to be secured in such a 3 18 child restraint system or by a safety belt or safety harness. 3 19 The bill also amends Code section 321.446 to require 3 20 children over six but under 13 years of age to be secured 3 21 during transit in the same type of motor vehicle by a safety 3 22 belt or safety harness, regardless of where the child is 3 23 seated in the motor vehicle. Currently, children that are 3 24 ages six through 12 are only covered by Code section 321.445, 3 25 which requires all front seat occupants of a motor vehicle to 3 26 be secured by a safety belt or safety harness. 3 27 A violation of any of the provisions of the bill is a 3 28 simple misdemeanor punishable by a scheduled fine of $50. 3 29 Currently, violations of the child restraint requirements are 3 30 punishable by a scheduled fine of $10. 3 31 LSB 2974XS 79 3 32 nh/gg/8.1
Text: SF00290 Text: SF00292 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed May 9 09:40:00 CDT 2001
URL: /DOCS/GA/79GA/Legislation/SF/00200/SF00291/010226.html
jhf