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Senate File 28

Partial Bill History

Bill Text

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 fourteen
  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 meets federal motor vehicle safety
  1 18 standards, and the system shall be used in accordance with the
  1 19 manufacturer's instructions.
  1 20    b.  A child under three six years of age who does not meet
  1 21 the description in paragraph "a" and who is being transported
  1 22 in a motor vehicle subject to registration, except a school
  1 23 bus or motorcycle, shall be secured during transit by a child
  1 24 restraint system which that meets federal motor vehicle safety
  1 25 standards, and the system shall be used in accordance with the
  1 26 manufacturer's instructions.
  1 27    2.  A child at least three six years of age but under six
  1 28 fourteen years of age who is being transported in a motor
  1 29 vehicle subject to registration, except a school bus or
  1 30 motorcycle, shall be secured during transit by either a child
  1 31 restraint system that meets federal motor vehicle safety
  1 32 standards and is used in accordance with the manufacturer's
  1 33 instructions, or by a safety belt or safety harness of a type
  1 34 approved under section 321.445.
  1 35    4.  a.  The An operator who violates subsection 1 or 2 is
  2  1 guilty of a simple misdemeanor and subject only to the penalty
  2  2 provisions of section 805.8A, subsection 14, paragraph "c".
  2  3    b.  During the twelve-month period beginning July 1, 2003,
  2  4 and ending June 30, 2004, peace officers shall issue only
  2  5 warning citations for violations of subsections 1 and 2,
  2  6 provided the operator is, at a minimum, in compliance with the
  2  7 provisions of subsections 1 and 2, Code 2003.  A peace officer
  2  8 may issue a citation for a violation of this section or
  2  9 section 321.445, as applicable, to an operator who is not in
  2 10 compliance with section 321.446, subsections 1 and 2, Code
  2 11 2003, in regard to a child under six years of age, or section
  2 12 321.445, Code 2003, in regard to a child at least six years of
  2 13 age but under fourteen years of age.  This paragraph is
  2 14 repealed July 1, 2004.
  2 15    Sec. 3.  Section 321.446, Code 2003, is amended by adding
  2 16 the following new subsection:
  2 17    NEW SUBSECTION.  7.  For purposes of this section, "child
  2 18 restraint system" means a specially designed seating system,
  2 19 including a belt-positioning seat or a booster seat, that
  2 20 meets federal motor vehicle safety standards set forth in 49
  2 21 C.F.R. } 571.213.
  2 22    Sec. 4.  The state department of transportation, in
  2 23 cooperation with the department of public safety, shall
  2 24 develop and implement public awareness and education programs
  2 25 to foster compliance with the child restraint system usage
  2 26 requirements of this Act.  
  2 27                           EXPLANATION
  2 28    This bill relates to Code requirements for securing
  2 29 children being transported in a motor vehicle that is subject
  2 30 to motor vehicle registration requirements, except school
  2 31 buses and motorcycles.  The bill amends Code section 321.446
  2 32 to require that children under six years of age be secured by
  2 33 a child restraint system, and children under one year of age
  2 34 and weighing less than 20 pounds be secured in a rear-facing
  2 35 child restraint system, meeting federal safety standards and
  3  1 used according to the manufacturer's instructions.  Currently,
  3  2 Code section 321.446 requires that children under three years
  3  3 of age be secured by a child restraint system, and children at
  3  4 least three but under six years of age be secured by a child
  3  5 restraint system or by a safety belt or safety harness.
  3  6    The bill also amends Code section 321.446 to require that
  3  7 children who are at least six but less than 14 years of age be
  3  8 secured by either a child restraint system or by a safety belt
  3  9 or safety harness.  Currently, children who are six years of
  3 10 age or over but under 14 years of age are only covered by Code
  3 11 section 321.445, which requires all front seat occupants of a
  3 12 motor vehicle to be secured by a safety belt or safety
  3 13 harness.
  3 14    A violation of any of the provisions of the bill is a
  3 15 simple misdemeanor punishable by a scheduled fine of $25.
  3 16 However, during the first year following enactment of the new
  3 17 requirements, peace officers shall issue only warning
  3 18 citations for violations of the new requirements, provided the
  3 19 motor vehicle operator is, at a minimum, in compliance with
  3 20 the child restraint or safety belt or safety harness
  3 21 requirements in effect prior to July 1, 2003.  Peace officers
  3 22 may continue to issue citations for violations of the child
  3 23 restraint or safety belt or safety harness requirements as
  3 24 they existed under the old law.
  3 25    The bill requires the state department of transportation,
  3 26 in cooperation with the department of public safety, to engage
  3 27 in a public education effort regarding the new child restraint
  3 28 requirements.  
  3 29 LSB 1184SS 80
  3 30 dea/sh/8
     

Text: SF00027                           Text: SF00029
Text: SF00000 - SF00099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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