House File 2040 - Introduced
HOUSE FILE
BY PETTENGILL
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring certain new school buses to be equipped with
2 seat belts, requiring the use of such seat belts, and making a
3 penalty applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5126YH 82
6 ak/nh/14
PAG LIN
1 1 Section 1. Section 321.373, Code 2007, is amended by
1 2 adding the following new subsection:
1 3 NEW SUBSECTION. 8. A new school bus ordered for purchase
1 4 on or after July 1, 2008, shall be equipped with safety belts
1 5 and safety harnesses in conformance with C.F.R. }
1 6 571.209=571.210 for every seating position.
1 7 Sec. 2. Section 321.445, subsection 2, paragraph d, Code
1 8 2007, is amended to read as follows:
1 9 d. Passengers on a bus other than a school bus equipped
1 10 with safety belts or safety harnesses pursuant to section
1 11 321.373, subsection 8.
1 12 Sec. 3. Section 321.446, subsections 1, 2, and 3, Code
1 13 2007, are amended to read as follows:
1 14 1. a. A child under one year of age and weighing less
1 15 than twenty pounds who is being transported in a motor vehicle
1 16 subject to registration, except a school bus or motorcycle,
1 17 shall be secured during transit in a rear=facing child
1 18 restraint system that is used in accordance with the
1 19 manufacturer's instructions.
1 20 b. A child under six years of age who does not meet the
1 21 description in paragraph "a" and who is being transported in a
1 22 motor vehicle subject to registration, except a school bus or
1 23 motorcycle, shall be secured during transit by a child
1 24 restraint system that is used in accordance with the
1 25 manufacturer's instructions.
1 26 2. A child at least six years of age but under eleven
1 27 years of age who is being transported in a motor vehicle
1 28 subject to registration, except a school bus or motorcycle,
1 29 shall be secured during transit by a child restraint system
1 30 that is used in accordance with the manufacturer's
1 31 instructions or by a safety belt or safety harness of a type
1 32 approved under section 321.445.
1 33 3. This section does not apply to peace officers acting on
1 34 official duty. This section also does not apply to the
1 35 transportation of children in 1965 model year or older
2 1 vehicles, authorized emergency vehicles, buses other than
2 2 school buses equipped with seat belts pursuant to section
2 3 321.373, subsection 8, or motor homes, except when a child is
2 4 transported in a motor home's passenger seat situated directly
2 5 to the driver's right. This section does not apply to the
2 6 transportation of a child who has been certified by a
2 7 physician licensed under chapter 148, 150, or 150A as having a
2 8 medical, physical, or mental condition that prevents or makes
2 9 inadvisable securing the child in a child restraint system,
2 10 safety belt, or safety harness.
2 11 Sec. 4. IMPLEMENTATION OF ACT. Section 25B.2, subsection
2 12 3, shall not apply to this Act.
2 13 EXPLANATION
2 14 This bill requires that new school buses ordered for
2 15 purchase on or after July 1, 2008, be equipped with safety
2 16 belts and safety harnesses for every seating position. The
2 17 bill also requires the use of such safety belts and safety
2 18 harnesses by the driver and passengers on school buses so
2 19 equipped. Current requirements for the use of child restraint
2 20 systems for children under 11 years of age also apply for
2 21 school buses equipped with safety belts and safety harnesses
2 22 under the bill.
2 23 A violation of seat belt or restraint requirements is a
2 24 scheduled violation subject to a fine of $25. Seat belt and
2 25 restraint violations are not a factor in establishing grounds
2 26 for license suspension or identifying a person as a habitual
2 27 violator.
2 28 The bill may include a state mandate as defined in Code
2 29 section 25B.3. The bill makes inapplicable Code section
2 30 25B.2, subsection 3, which would relieve a political
2 31 subdivision from complying with a state mandate if funding for
2 32 the cost of the state mandate is not provided or specified.
2 33 Therefore, political subdivisions are required to comply with
2 34 any state mandate included in the bill.
2 35 LSB 5126YH 82
3 1 ak/nh/14