House File 2113 - Introduced
HOUSE FILE
BY THOMAS
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring that motor vehicle passengers under eighteen
2 years of age be secured in a child restraint system or by a
3 seat belt and making a penalty applicable.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5876HH 82
6 dea/nh/14
PAG LIN
1 1 Section 1. Section 321.445, subsection 2, Code 2007, is
1 2 amended to read as follows:
1 3 2. a. The driver and front seat occupants of a type of
1 4 motor vehicle that is subject to registration in Iowa, except
1 5 a motorcycle or a motorized bicycle, shall each wear a
1 6 properly adjusted and fastened safety belt or safety harness
1 7 any time the vehicle is in forward motion on a street or
1 8 highway in this state except that a child under eleven
1 9 eighteen years of age shall be secured as required under
1 10 section 321.446.
1 11 b. This subsection does not apply to:
1 12 a. (1) The driver or front seat occupants of a motor
1 13 vehicle which is not required to be equipped with safety belts
1 14 or safety harnesses.
1 15 b. (2) The driver and front seat occupants of a motor
1 16 vehicle who are actively engaged in work which requires them
1 17 to alight from and reenter the vehicle at frequent intervals,
1 18 providing the vehicle does not exceed twenty=five miles per
1 19 hour between stops.
1 20 c. (3) The driver of a motor vehicle while performing
1 21 duties as a rural letter carrier for the United States postal
1 22 service. This exemption applies only between the first
1 23 delivery point after leaving the post office and the last
1 24 delivery point before returning to the post office.
1 25 d. (4) Passengers on a bus.
1 26 e. (5) A person possessing a written certification from a
1 27 health care provider licensed under chapter 148, 150, 150A, or
1 28 151 on a form provided by the department that the person is
1 29 unable to wear a safety belt or safety harness due to physical
1 30 or medical reasons. The certification shall specify the time
1 31 period for which the exemption applies. The time period shall
1 32 not exceed twelve months, at which time a new certification
1 33 may be issued unless the certifying health care provider is
1 34 from a United States military facility, in which case the
1 35 certificate may specify a longer period of time or a permanent
2 1 exemption.
2 2 f. (6) Front seat occupants of an authorized emergency
2 3 vehicle while they are being transported in an emergency.
2 4 However, this exemption does not apply to the driver of the
2 5 authorized emergency vehicle.
2 6 c. The department, in cooperation with the department of
2 7 public safety and the department of education, shall establish
2 8 educational programs to foster compliance with the safety belt
2 9 and safety harness usage requirements of this subsection.
2 10 Sec. 2. Section 321.446, subsection 2, Code 2007, is
2 11 amended to read as follows:
2 12 2. A child at least six years of age but under eleven
2 13 eighteen years of age who is being transported in a motor
2 14 vehicle subject to registration, except a school bus or
2 15 motorcycle, shall be secured during transit by a child
2 16 restraint system that is used in accordance with the
2 17 manufacturer's instructions or by a safety belt or safety
2 18 harness of a type approved under section 321.445.
2 19 EXPLANATION
2 20 This bill requires that all persons under 18 years of age
2 21 who are being transported in a motor vehicle, other than a
2 22 school bus or motorcycle, be secured by an approved child
2 23 restraint system or a seat belt regardless of seating
2 24 position.
2 25 Pursuant to existing law, a motor vehicle operator who
2 26 violates child restraint requirements commits a simple
2 27 misdemeanor subject to a scheduled fine of $25. However, such
2 28 offenses are not considered for purposes of determining a
2 29 habitual offender of motor vehicle laws.
2 30 LSB 5876HH 82
2 31 dea/nh/14