House File 19 



                                       HOUSE 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 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 years
  1  9 of age shall be secured as required under section 321.446.
  1 10    b.  This subsection does not apply to:
  1 11    a.  (1)  The driver or front seat occupants of a motor
  1 12 vehicle which is not required to be equipped with safety belts
  1 13 or safety harnesses.
  1 14    b.  (2)  The driver and front seat occupants 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 19    c.  (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 24    d.  (4)  Passengers on a bus.
  1 25    e.  (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  1    f.  (6)  Front seat occupants Occupants 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 and front seat passengers 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 for front seats and front seat passengers 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