House Amendment 8566 PAG LIN 1 1 Amend Senate File 2381, as passed by the Senate, as 1 2 follows: 1 3 #1. Page 6, after line 15 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 committed by a 1 10 passenger who is fourteen years of age or older unless 1 11 the passenger is unable to properly fasten a seat belt 1 12 due to a temporary or permanent disability. The owner 1 13 of the motor vehicle may be charged for equipment 1 14 violations under subsection 1.> 1 15 #2. Page 7, after line 7 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 subsection 1 or 2 1 25 may be charged with a violation of this section. 1 26 b. If a passenger fourteen years of age or older is 1 27 unable to properly fasten a seatbelt due to a temporary 1 28 or permanent disability, an operator who transports 1 29 such a person in violation of subsection 2 may be 1 30 charged with a violation of this section. Otherwise, a 1 31 passenger fourteen years of age or older who violates 1 32 subsection 2 shall be charged in lieu of the operator. 1 33 c. 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 disability, is being transported in a taxicab in a 1 37 manner that is not in compliance with subsection 1 or 1 38 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. TJEPKES of Webster ABDUL=SAMAD of Polk SF2381.2704 (1) 83 dea/nh -1-