House Amendment 8331
PAG LIN
1 1 Amend Senate File 2179, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 2, after line 7 by inserting:
1 4 <Sec. ___. Section 321.445, subsection 3, Code
1 5 2009, is amended to read as follows:
1 6 3. The driver and front seat passengers may be
1 7 each charged separately for improperly used or nonused
1 8 equipment under subsection 2. However, the driver
1 9 shall not be charged for a violation by a passenger who
1 10 is fourteen years of age or older unless the passenger
1 11 is unable to properly fasten a seat belt due to a
1 12 temporary or permanent disability. The owner of the
1 13 motor vehicle may be charged for equipment violations
1 14 under subsection 1.>
1 15 #2. Page 2, after line 34 by inserting:
1 16 <Sec. ___. Section 321.446, subsection 4, Code
1 17 2009, is amended by striking the subsection and
1 18 inserting in lieu thereof the following:
1 19 4. A person who violates this section is guilty
1 20 of a simple misdemeanor punishable as a scheduled
1 21 violation under section 805.8A, subsection 14,
1 22 paragraph "c". Violations shall be charged as follows:
1 23 a. An operator who transports a passenger under
1 24 fourteen years of age in violation of this section may
1 25 be charged with a violation of subsection 1 or 2.
1 26 b. An operator who transports a passenger fourteen
1 27 years of age or older in violation of this section, if
1 28 the passenger is unable to properly fasten a seatbelt
1 29 due to a temporary or permanent disability, may be
1 30 charged with a violation of subsection 2.
1 31 c. A passenger fourteen years of age or older may
1 32 be charged with a violation of subsection 2.
1 33 d. If a child under fourteen years of age, or a
1 34 child fourteen years of age or older who is unable
1 35 to fasten a seatbelt due to a temporary or permanent
1 36 physical disability, is being transported in a taxicab
1 37 in a manner that is not in compliance with subsection 1
1 38 or 2, the parent, legal guardian, or other responsible
1 39 adult traveling with the child shall be served with a
1 40 citation for a violation of this section in lieu of
1 41 the taxicab operator. Otherwise, if a passenger being
1 42 transported in the taxicab is fourteen years of age or
1 43 older, the citation shall be served on the passenger in
1 44 lieu of the taxicab operator.>
1 45 #3. By renumbering as necessary.
COMMITTEE ON TRANSPORTATIONQUIRK of Chickasaw, Chairperson
SF2179.1750 (5) 83
dea/nh
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