House File 19HOUSE FILE BY HUNTER Passed House, Date Passed Senate, 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 1625HH 83 5 dea/nh/5 PAG LIN 1 1 Section 1. Section 321.445, subsections 2 and 3, Code 1 2 2009, are amended to read as follows: 1 3 2. a. The driver and front seatoccupants 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 years 1 9 of age shall be secured as required under section 321.446. 1 10 b. This subsection does not apply to: 1 11a.(1) The driver orfront seatoccupants of a motor 1 12 vehicle which is not required to be equipped with safety belts 1 13 or safety harnesses. 1 14b.(2) The driver andfront seatoccupants of a motor 1 15 vehicle who are actively engaged in work which requires them 1 16 to alight from and reenter the vehicle at frequent intervals, 1 17 providing the vehicle does not exceed twenty=five miles per 1 18 hour between stops. 1 19c.(3) The driver of a motor vehicle while performing 1 20 duties as a rural letter carrier for the United States postal 1 21 service. This exemption applies only between the first 1 22 delivery point after leaving the post office and the last 1 23 delivery point before returning to the post office. 1 24d.(4) Passengers on a bus. 1 25e.(5) A person possessing a written certification from a 1 26 health care provider licensed under chapter 148 or 151 on a 1 27 form provided by the department that the person is unable to 1 28 wear a safety belt or safety harness due to physical or 1 29 medical reasons. The certification shall specify the time 1 30 period for which the exemption applies. The time period shall 1 31 not exceed twelve months, at which time a new certification 1 32 may be issued unless the certifying health care provider is 1 33 from a United States military facility, in which case the 1 34 certificate may specify a longer period of time or a permanent 1 35 exemption. 2 1f.(6)Front seat occupantsOccupants of an authorized 2 2 emergency vehicle while they are being transported in an 2 3 emergency. However, this exemption does not apply to the 2 4 driver of the authorized emergency vehicle. 2 5 c. The department, in cooperation with the department of 2 6 public safety and the department of education, shall establish 2 7 educational programs to foster compliance with the safety belt 2 8 and safety harness usage requirements of this subsection. 2 9 3. The driver andfront seatpassengers may be each 2 10 charged separately for improperly used or nonused equipment 2 11 under subsection 2. The owner of the motor vehicle may be 2 12 charged for equipment violations under subsection 1. 2 13 Sec. 2. Section 321.445, subsection 5, Code 2009, is 2 14 amended to read as follows: 2 15 5. The department shall adopt rules pursuant to chapter 2 16 17A providing exceptions from application of subsections 1 and 2 17 2 forfrontseats andfront seatpassengers of motor vehicles 2 18 owned, leased, rented, or primarily used by persons with 2 19 physical disabilities who use collapsible wheelchairs. 2 20 EXPLANATION 2 21 This bill requires the driver and all occupants of a motor 2 22 vehicle to wear a seat belt or safety harness while the 2 23 vehicle is in forward motion on a street or highway. 2 24 Currently, only the driver and front seat passengers are 2 25 required to wear seat belts or safety harnesses. Restraint 2 26 requirements do not apply to the driver and occupants of a 2 27 motor vehicle that is not required to be equipped with seat 2 28 belts or safety harnesses, persons who are engaged in work 2 29 that requires frequent stops to exit and reenter the vehicle, 2 30 letter carriers, bus passengers, persons with a certified 2 31 physical or medical exemption, and occupants being transported 2 32 in an emergency vehicle. The department of transportation is 2 33 required to adopt rules providing exceptions from seat belt 2 34 requirements for motor vehicles owned, leased, rented, or 2 35 primarily used by persons who use collapsible wheelchairs. 3 1 Separate restraint requirements that apply for children under 3 2 11 years of age are not affected by the bill. 3 3 A violation of seat belt or restraint requirements is a 3 4 scheduled violation subject to a fine of $25. Seat belt and 3 5 restraint violations are not a factor in establishing grounds 3 6 for license suspension or identifying a person as a habitual 3 7 violator. 3 8 LSB 1625HH 83 3 9 dea/nh/5