Senate File 2179 - Introduced SENATE FILE 2179 BY COMMITTEE ON TRANSPORTATION (SUCCESSOR TO SF 2055) 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 TLSB 5201SV (1) 83 dea/nh

S.F. 2179 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 -1- LSB 5201SV (1) 83 dea/nh 1/ 3

S.F. 2179 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 -2- LSB 5201SV (1) 83 dea/nh 2/ 3

S.F. 2179 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 -3- LSB 5201SV (1) 83 dea/nh 3/ 3