House File 128 - Introduced HOUSE FILE 128 BY HUNTER A BILL FOR An Act relating to restraint requirements for motor vehicle 1 occupants and making a penalty applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1933YH (4) 84 dea/nh

H.F. 128 Section 1. Section 321.445, subsection 2, paragraphs a and 1 b, Code 2011, are amended to read as follows: 2 a. The driver and front seat occupants of a type of motor 3 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 eighteen years of age shall be 8 secured as required under section 321.446 . 9 b. This subsection does not apply to: 10 (1) The driver or front seat occupants of a motor vehicle 11 which is not required to be equipped with safety belts or 12 safety harnesses. 13 (2) The driver and front seat or 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 (3) The driver of a motor vehicle while performing duties as 19 a rural letter carrier for the United States postal service. 20 This exemption applies only between the first delivery point 21 after leaving the post office and the last delivery point 22 before returning to the post office. 23 (4) Passengers on a bus. 24 (5) A person possessing a written certification from a 25 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 (6) Front seat occupants Occupants of an authorized 35 -1- LSB 1933YH (4) 84 dea/nh 1/ 3

H.F. 128 emergency vehicle while they are being transported in an 1 emergency. However, this exemption does not apply to the 2 driver of the authorized emergency vehicle. 3 Sec. 2. Section 321.445, subsections 3 and 5, Code 2011, are 4 amended to read as follows: 5 3. The driver and front seat passengers may be each charged 6 separately for improperly used or nonused equipment under 7 subsection 2 . However, the driver shall not be charged for 8 a violation committed by a passenger who is fourteen years 9 of age or older unless the passenger is unable to properly 10 fasten a seat belt due to a temporary or permanent disability. 11 The owner of the motor vehicle may be charged for equipment 12 violations under subsection 1 . 13 5. The department shall adopt rules pursuant to chapter 17A 14 providing exceptions from application of subsections 1 and 2 15 for front seats and front seat passengers of motor vehicles 16 owned, leased, rented, or primarily used by persons with 17 disabilities who use collapsible wheelchairs. 18 EXPLANATION 19 This bill requires the driver and all occupants of a motor 20 vehicle to wear a seat belt or safety harness while the vehicle 21 is in forward motion on a street or highway. Currently, only 22 the driver and front seat passengers are required to wear seat 23 belts or safety harnesses. Restraint requirements do not apply 24 to the driver and occupants of a motor vehicle that is not 25 required to be equipped with seat belts or safety harnesses, 26 persons who are engaged in work that requires frequent stops to 27 exit and reenter the vehicle, letter carriers, bus passengers, 28 persons with a certified physical or medical exemption, and 29 occupants being transported in an emergency vehicle. The 30 department of transportation is required to adopt rules 31 providing exceptions from seat belt requirements for motor 32 vehicles owned, leased, rented, or primarily used by persons 33 who use collapsible wheelchairs. 34 Pursuant to current law, children under 18 years of age 35 -2- LSB 1933YH (4) 84 dea/nh 2/ 3

H.F. 128 are required to be secured by a child restraint system or a 1 seat belt or safety harness, except that a passenger in the 2 back seat may be exempted if there are not enough safety belts 3 to accommodate every passenger. A violation of seat belt or 4 restraint requirements involving a person under 18 years of age 5 is a simple misdemeanor punishable by a scheduled fine of $100. 6 Those provisions are not affected by the bill. 7 A violation of seat belt requirements involving a person 8 18 years of age or older is a scheduled violation subject to 9 a fine of $50. Seat belt and restraint violations are not 10 a factor in establishing grounds for license suspension or 11 identifying a person as a habitual violator. 12 -3- LSB 1933YH (4) 84 dea/nh 3/ 3