SF 2094 (LSB 5707XS (2) 87)

SENATE FILE 2094

BY  SCHNEIDER

A BILL FOR

An Act relating to the use of child restraint systems in motor vehicles, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.446, subsection 1, paragraph a, Code 2018, is amended to read as follows:
   a.  A child under one year two years of age and weighing less than twenty pounds who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit in a rear-facing child restraint system that is used in accordance with the manufacturer’s instructions.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   Under current law, a child under six years of age who is being transported in a motor vehicle, except a school bus or motorcycle, must be secured during transit by a child restraint system that is used in accordance with the manufacturer’s instructions. If the child is under one year of age and weighs less than 20 pounds, the child restraint system must be rear-facing. A child restraint system is a specially designed seating system, including a belt-positioning seat or a booster seat, that meets federal motor vehicle safety standards set forth in 49 C.F.R. §571.213.
   This bill amends current law to require that if the child is under two years of age, the child restraint system must be rear-facing regardless of the child’s weight.
   Under current law, a violation of the provision is a simple misdemeanor punishable by a scheduled fine of $100. A court is prohibited from convicting a person who is charged with a first violation of the provision if the person produces in court, within a reasonable time, proof that the person has purchased or otherwise acquired a child restraint system which meets federal motor vehicle safety standards. Failure to use a child restraint system does not constitute negligence nor is the failure admissible as evidence in a civil action. Failure to use a child restraint system is prohibited from being considered by the department of transportation in determining whether to suspend a person’s driver’s license (Code section 321.210), but the violation is considered in determining habitual offender status (Code section 321.555).