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 -1-