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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