Text: SF02028 Text: SF02030 Text: SF02000 - SF02099 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 2003, 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 undersixfourteen 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 is used in accordance with the 1 18 manufacturer's instructions. 1 19 b. A child underthreesix years of age who does not meet 1 20 the description in paragraph "a" and who is being transported 1 21 in a motor vehicle subject to registration, except a school 1 22 bus or motorcycle, shall be secured during transit by a child 1 23 restraint systemwhich meets federal motor vehicle safety1 24standards, and the system shall bethat is used in accordance 1 25 with the manufacturer's instructions. 1 26 2. A child at leastthreesix years of age but undersix1 27 eleven years of age who is being transported in a motor 1 28 vehicle subject to registration, except a school bus or 1 29 motorcycle, shall be secured during transit byeithera child 1 30 restraint system thatmeets federal motor vehicle safety1 31standards andis used in accordance with the manufacturer's 1 32 instructions,or by a safety belt or safety harness of a type 1 33 approved under section 321.445. 1 34 4. a.TheAn operator who violates subsection 1 or 2 is 1 35 guilty of a simple misdemeanor and subjectonlyto the penalty 2 1 provisions of section 805.8A, subsection 14, paragraph "c". 2 2 b. During the twelve-month period beginning July 1, 2004, 2 3 and ending June 30, 2005, peace officers shall issue only 2 4 warning citations for violations of subsections 1 and 2, 2 5 provided the operator is, at a minimum, in compliance with the 2 6 provisions of subsections 1 and 2, Code 2003. A peace officer 2 7 may issue a citation for a violation of this section or 2 8 section 321.445, as applicable, to an operator who is not in 2 9 compliance with section 321.446, subsections 1 and 2, Code 2 10 2003, in regard to a child under six years of age, or section 2 11 321.445, Code 2003, in regard to a child at least six years of 2 12 age but under eleven years of age. This paragraph is repealed 2 13 July 1, 2005. 2 14 Sec. 3. Section 321.446, Code 2003, is amended by adding 2 15 the following new subsection: 2 16 NEW SUBSECTION. 7. For purposes of this section, "child 2 17 restraint system" means a specially designed seating system, 2 18 including a belt-positioning seat or a booster seat, that 2 19 meets federal motor vehicle safety standards set forth in 49 2 20 C.F.R. } 571.213. 2 21 Sec. 4. The state department of transportation, in 2 22 cooperation with the department of public safety, shall 2 23 develop and implement public awareness and education programs 2 24 to foster compliance with the child restraint system usage 2 25 requirements of this Act. 2 26 EXPLANATION 2 27 This bill relates to Code requirements for securing 2 28 children being transported in a motor vehicle that is subject 2 29 to motor vehicle registration requirements, except school 2 30 buses and motorcycles. The bill amends Code section 321.446 2 31 to require that children under six years of age be secured by 2 32 a child restraint system, and children under one year of age 2 33 and weighing less than 20 pounds be secured in a rear-facing 2 34 child restraint system, meeting federal safety standards and 2 35 used according to the manufacturer's instructions. Currently, 3 1 Code section 321.446 requires that children under three years 3 2 of age be secured by a child restraint system, and children at 3 3 least three but under six years of age be secured by a child 3 4 restraint system or by a safety belt or safety harness. 3 5 The bill also amends Code section 321.446 to require that 3 6 children who are at least six but less than 11 years of age be 3 7 secured by either a child restraint system or by a safety belt 3 8 or safety harness. Currently, children who are six years of 3 9 age or over but under 11 years of age are only covered by Code 3 10 section 321.445, which requires all front seat occupants of a 3 11 motor vehicle to be secured by a safety belt or safety 3 12 harness. 3 13 A violation of any of the provisions of the bill is a 3 14 simple misdemeanor punishable by a scheduled fine of $25. 3 15 However, during the first year following enactment of the new 3 16 requirements, peace officers shall issue only warning 3 17 citations for violations of the new requirements, provided the 3 18 motor vehicle operator is, at a minimum, in compliance with 3 19 the child restraint or safety belt or safety harness 3 20 requirements in effect prior to July 1, 2004. Peace officers 3 21 may continue to issue citations for violations of the child 3 22 restraint or safety belt or safety harness requirements as 3 23 they existed under the old law. 3 24 The bill requires the state department of transportation, 3 25 in cooperation with the department of public safety, to engage 3 26 in a public education effort regarding the new child restraint 3 27 requirements. 3 28 LSB 5740SS 80 3 29 dea/sh/8
Text: SF02028 Text: SF02030 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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