Senate
File
2055
-
Introduced
SENATE
FILE
2055
BY
APPEL
,
DEARDEN
,
HATCH
,
HOGG
,
DVORSKY
,
HECKROTH
,
BEALL
,
QUIRMBACH
,
JOCHUM
,
KIBBIE
,
GRONSTAL
,
COURTNEY
,
BOLKCOM
,
SCHOENJAHN
,
KREIMAN
,
SODDERS
,
DANIELSON
,
STEWART
,
and
FRAISE
A
BILL
FOR
An
Act
concerning
the
use
of
child
restraint
systems
or
seat
1
belts
by
motor
vehicle
passengers
who
are
minors
and
making
2
a
penalty
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2055
Section
1.
Section
321.445,
subsection
2,
Code
2009,
is
1
amended
to
read
as
follows:
2
2.
a.
The
driver
and
front
seat
occupants
of
a
type
of
3
motor
vehicle
that
is
subject
to
registration
in
Iowa,
except
a
4
motorcycle
or
a
motorized
bicycle,
shall
each
wear
a
properly
5
adjusted
and
fastened
safety
belt
or
safety
harness
any
time
6
the
vehicle
is
in
forward
motion
on
a
street
or
highway
in
this
7
state
except
that
a
child
under
eleven
eighteen
years
of
age
8
shall
be
secured
as
required
under
section
321.446.
9
b.
This
subsection
does
not
apply
to:
10
a.
(1)
The
driver
or
front
seat
occupants
of
a
motor
11
vehicle
which
is
not
required
to
be
equipped
with
safety
belts
12
or
safety
harnesses.
13
b.
(2)
The
driver
and
front
seat
occupants
of
a
motor
14
vehicle
who
are
actively
engaged
in
work
which
requires
them
15
to
alight
from
and
reenter
the
vehicle
at
frequent
intervals,
16
providing
the
vehicle
does
not
exceed
twenty-five
miles
per
17
hour
between
stops.
18
c.
(3)
The
driver
of
a
motor
vehicle
while
performing
19
duties
as
a
rural
letter
carrier
for
the
United
States
postal
20
service.
This
exemption
applies
only
between
the
first
21
delivery
point
after
leaving
the
post
office
and
the
last
22
delivery
point
before
returning
to
the
post
office.
23
d.
(4)
Passengers
on
a
bus.
24
e.
(5)
A
person
possessing
a
written
certification
from
25
a
health
care
provider
licensed
under
chapter
148
or
151
on
a
26
form
provided
by
the
department
that
the
person
is
unable
to
27
wear
a
safety
belt
or
safety
harness
due
to
physical
or
medical
28
reasons.
The
certification
shall
specify
the
time
period
for
29
which
the
exemption
applies.
The
time
period
shall
not
exceed
30
twelve
months,
at
which
time
a
new
certification
may
be
issued
31
unless
the
certifying
health
care
provider
is
from
a
United
32
States
military
facility,
in
which
case
the
certificate
may
33
specify
a
longer
period
of
time
or
a
permanent
exemption.
34
f.
(6)
Front
seat
occupants
of
an
authorized
emergency
35
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2055
vehicle
while
they
are
being
transported
in
an
emergency.
1
However,
this
exemption
does
not
apply
to
the
driver
of
the
2
authorized
emergency
vehicle.
3
c.
The
department,
in
cooperation
with
the
department
of
4
public
safety
and
the
department
of
education,
shall
establish
5
educational
programs
to
foster
compliance
with
the
safety
belt
6
and
safety
harness
usage
requirements
of
this
subsection.
7
Sec.
2.
Section
321.446,
subsections
2
and
3,
Code
2009,
are
8
amended
to
read
as
follows:
9
2.
A
child
at
least
six
years
of
age
but
under
10
eleven
eighteen
years
of
age
who
is
being
transported
in
11
a
motor
vehicle
subject
to
registration,
except
a
school
12
bus
or
motorcycle,
shall
be
secured
during
transit
by
a
13
child
restraint
system
that
is
used
in
accordance
with
the
14
manufacturer’s
instructions
or
by
a
safety
belt
or
safety
15
harness
of
a
type
approved
under
section
321.445.
16
3.
This
section
does
not
apply
to
peace
the
following:
17
a.
Peace
officers
acting
on
official
duty.
This
18
section
also
does
not
apply
to
the
19
b.
The
transportation
of
children
in
1965
model
year
or
20
older
vehicles,
authorized
emergency
vehicles,
buses,
or
motor
21
homes,
except
when
a
child
is
transported
in
a
motor
home’s
22
passenger
seat
situated
directly
to
the
driver’s
right.
This
23
section
does
not
apply
to
the
24
c.
The
transportation
of
a
child
who
has
been
certified
25
by
a
physician
licensed
under
chapter
148
as
having
a
26
medical,
physical,
or
mental
condition
that
prevents
or
makes
27
inadvisable
securing
the
child
in
a
child
restraint
system,
28
safety
belt,
or
safety
harness.
29
d.
A
back
seat
occupant
of
a
motor
vehicle
for
whom
no
30
safety
belt
is
available
because
all
safety
belts
are
being
31
used
by
other
occupants
or
cannot
be
used
due
to
the
use
of
a
32
child
restraint
system
in
the
seating
position
for
which
a
belt
33
is
provided.
34
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EXPLANATION
1
This
bill
requires
that
all
persons
under
18
years
of
age
who
2
are
being
transported
in
a
motor
vehicle,
other
than
a
school
3
bus
or
motorcycle,
be
secured
by
an
approved
child
restraint
4
system
or
a
seat
belt
regardless
of
seating
position.
5
The
bill
provides
an
exemption
from
child
restraint
6
requirements
in
situations
where
a
child
occupying
a
back
seat
7
is
not
restrained
because
all
safety
belts
in
the
vehicle
are
8
in
use
or
cannot
be
used
because
a
child
restraint
system
is
9
occupying
the
seating
position
for
which
a
belt
is
provided.
10
Pursuant
to
existing
law,
a
motor
vehicle
operator
who
11
violates
child
restraint
requirements
commits
a
simple
12
misdemeanor
subject
to
a
scheduled
fine
of
$25.
However,
such
13
offenses
are
not
considered
for
purposes
of
determining
a
14
habitual
offender
of
motor
vehicle
laws.
15
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