Senate File 293 - Introduced



                                       SENATE FILE       
                                       BY  BEALL

                                       (COMPANION TO LSB 1707HH
                                        BY HUNTER)


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to restraint requirements for motor vehicle
  2    occupants and making a penalty applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1707SS 82
  5 dea/je/5

PAG LIN



  1  1    Section 1.  Section 321.445, subsection 2, unnumbered
  1  2 paragraph 1, Code 2007, is amended to read as follows:
  1  3    2.  The driver and front seat occupants of a type of motor
  1  4 vehicle that is subject to registration in Iowa, except a
  1  5 motorcycle or a motorized bicycle, shall each wear a properly
  1  6 adjusted and fastened safety belt or safety harness any time
  1  7 the vehicle is in forward motion on a street or highway in
  1  8 this state except that a child under eleven years of age shall
  1  9 be secured as required under section 321.446.
  1 10    Sec. 2.  Section 321.445, subsection 2, paragraphs a, b,
  1 11 and f, Code 2007, are amended to read as follows:
  1 12    a.  The driver or front seat occupants of a motor vehicle
  1 13 which is not required to be equipped with safety belts or
  1 14 safety harnesses.
  1 15    b.  The driver and front seat occupants of a motor vehicle
  1 16 who are actively engaged in work which requires them to alight
  1 17 from and reenter the vehicle at frequent intervals, providing
  1 18 the vehicle does not exceed twenty=five miles per hour between
  1 19 stops.
  1 20    f.  Front seat occupants Occupants of an authorized
  1 21 emergency vehicle while they are being transported in an
  1 22 emergency.  However, this exemption does not apply to the
  1 23 driver of the authorized emergency vehicle.
  1 24    Sec. 3.  Section 321.445, subsection 3, Code 2007, is
  1 25 amended to read as follows:
  1 26    3.  The driver and front seat passengers may be each
  1 27 charged separately for improperly used or nonused equipment
  1 28 under subsection 2.  The owner of the motor vehicle may be
  1 29 charged for equipment violations under subsection 1.
  1 30    Sec. 4.  Section 321.445, subsection 5, Code 2007, is
  1 31 amended to read as follows:
  1 32    5.  The department shall adopt rules pursuant to chapter
  1 33 17A providing exceptions from application of subsections 1 and
  1 34 2 for front seats and front seat passengers of motor vehicles
  1 35 owned, leased, rented, or primarily used by persons with
  2  1 physical disabilities who use collapsible wheelchairs.
  2  2                           EXPLANATION
  2  3    This bill requires the driver and all occupants of a motor
  2  4 vehicle to wear a seat belt or safety harness while the
  2  5 vehicle is in forward motion on a street or highway.
  2  6 Currently, only the driver and front seat passengers are
  2  7 required to wear seat belts or safety harnesses.  Restraint
  2  8 requirements do not apply to the driver and occupants of a
  2  9 motor vehicle that is not required to be equipped with seat
  2 10 belts or safety harnesses, persons who are engaged in work
  2 11 that requires frequent stops to exit and reenter the vehicle,
  2 12 letter carriers, bus passengers, persons with a certified
  2 13 physical or medical exemption, and occupants being transported
  2 14 in an emergency vehicle.  The department of transportation
  2 15 shall adopt rules providing exceptions from seat belt
  2 16 requirements for motor vehicles owned, leased, rented, or
  2 17 primarily used by persons who use collapsible wheelchairs.
  2 18 Separate provisions that apply for children under 11 years of
  2 19 age are not affected by the bill.
  2 20    A violation of seat belt or restraint requirements is a
  2 21 scheduled violation subject to a fine of $25.  Seat belt and
  2 22 restraint violations are not a factor in establishing grounds
  2 23 for license suspension or identifying a person as a habitual
  2 24 violator.
  2 25 LSB 1707SS 82
  2 26 dea:nh/je/5