House File 2181 - Introduced HOUSE FILE 2181 BY DETERMANN A BILL FOR An Act requiring certain children to be secured in child 1 restraint devices when traveling in motor vehicles. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6049YH (1) 90 th/ns
H.F. 2181 Section 1. Section 321.446, subsections 1 and 2, Code 2024, 1 are amended to read as follows: 2 1. a. A child under one year two years of age and weighing 3 less than twenty pounds who is being transported in a motor 4 vehicle subject to registration, except a school bus or 5 motorcycle, shall be secured during transit in a rear-facing 6 child restraint system that is used in accordance with the 7 manufacturer’s instructions. 8 b. A child under six at least two years of age who does not 9 meet the description in paragraph “a” and but under eight years 10 of age who is being transported in a motor vehicle subject 11 to registration, except a school bus or motorcycle, shall be 12 secured during transit by a child restraint system that is used 13 in accordance with the manufacturer’s instructions. 14 2. A child at least six eight years of age but under 15 eighteen years of age who is being transported in a motor 16 vehicle subject to registration, except a school bus or 17 motorcycle, shall be secured during transit by a child 18 restraint system that is used in accordance with the 19 manufacturer’s instructions or by a safety belt or safety 20 harness of a type approved under section 321.445 . 21 Sec. 2. Section 321.446, subsection 3, paragraph d, Code 22 2024, is amended by striking the paragraph. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill requires certain children to be secured in child 27 restraint devices, including child restraint systems, safety 28 belts, and safety harnesses, when traveling in motor vehicles. 29 Current law requires a child under one year of age and 30 weighing less than 20 pounds who is being transported in a 31 motor vehicle subject to registration, except a school bus 32 or motorcycle, to be secured during transit in a rear-facing 33 child restraint system that is used in accordance with the 34 manufacturer’s instructions. The bill extends this requirement 35 -1- LSB 6049YH (1) 90 th/ns 1/ 2
H.F. 2181 to a child under two years of age regardless of the child’s 1 weight. 2 Current law also requires a child under six years of age, 3 who is not subject to the above requirement, and who is being 4 transported in a motor vehicle subject to registration, except 5 a school bus or motorcycle, to be secured during transit by 6 a child restraint system that is used in accordance with the 7 manufacturer’s instructions. The bill extends this requirement 8 to children between two and eight years of age. 9 Accordingly, the bill requires a child at least eight years 10 of age (instead of six) but under 18 years of age who is being 11 transported in a motor vehicle subject to registration, except 12 a school bus or motorcycle, to be secured during transit by 13 a child restraint system that is used in accordance with the 14 manufacturer’s instructions or by an approved safety belt or 15 safety harness. 16 The bill strikes a provision that exempts children occupying 17 the back seat of a motor vehicle from having to be secured 18 during transit by a child restraint system, safety belt, or 19 safety harness if no safety belt is available because all 20 safety belts are being used by other occupants or cannot be 21 used due to the use of a child restraint system in the seating 22 position for which a belt is provided. 23 A violation of Code section 321.446 is punishable by a 24 scheduled fine of $135. The department of transportation is 25 prohibited from considering a violation of Code section 321.446 26 in determining an offender’s driver’s license suspension under 27 Code section 321.210 or habitual offender status under Code 28 section 321.555. 29 -2- LSB 6049YH (1) 90 th/ns 2/ 2