SF 28 (LSB 1261XS (2) 90)

SENATE FILE 28

BY  DAWSON

A BILL FOR

An Act requiring the use of safety belts or safety harnesses by passengers of motor vehicles, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 321.445, subsection 2, paragraph a, Code 2023, is amended to read as follows:
   a.  The driver and front seat occupants passengers of a type of motor vehicle that is subject to registration in Iowa, except a motorcycle or a motorized bicycle, shall each wear a properly adjusted and fastened safety belt or safety harness any time the vehicle is in forward motion on a street or highway in this state, except that a child under eighteen years of age shall be secured as required under section 321.446.
    Sec. 2.  Section 321.445, subsection 2, paragraph b, subparagraphs (1), (2), and (6), Code 2023, are amended to read as follows:
   (1)  The driver or front seat occupants and passengers of a motor vehicle which is not required to be equipped with safety belts or safety harnesses.
   (2)  The driver and front seat occupants passengers of a motor vehicle who are actively engaged in work which requires them to alight from and reenter the vehicle at frequent intervals, providing the vehicle does not exceed twenty-five miles per hour between stops.
   (6)  Front seat occupants Passengers of an authorized emergency vehicle while they are being transported in an emergency. However, this exemption does not apply to the driver of the authorized emergency vehicle.
    Sec. 3.  Section 321.445, subsections 3 and 5, Code 2023, are amended to read as follows:
   3.  The driver and front seat passengers may be each charged separately for improperly used or nonused equipment under subsection 2. However, the driver shall not be charged for a violation committed by a passenger who is fourteen years of age or older unless the passenger is unable to properly fasten a seat safety belt or safety harness due to a temporary or permanent disability. The owner of the motor vehicle may be charged for equipment violations under subsection 1.
   5.  The department shall adopt rules pursuant to chapter 17A providing exceptions from application of subsections 1 and 2 for front seats and front seat passengers of motor vehicles owned, leased, rented, or primarily used by persons with disabilities who use collapsible wheelchairs.
    Sec. 4.  Section 321.446, subsection 3, paragraph d, Code 2023, is amended by striking the paragraph.
    Sec. 5.  Section 321.446, subsection 4, paragraphs b and c, Code 2023, are amended to read as follows:
   b.  If a passenger fourteen years of age or older is unable to properly fasten a seatbelt safety belt or safety harness due to a temporary or permanent disability, an operator who transports such a person in violation of subsection 2 may be charged with a violation of this section. Otherwise, a passenger fourteen years of age or older who violates subsection 2 shall be charged in lieu of the operator.
   c.  If a child under fourteen years of age, or a child fourteen years of age or older who is unable to fasten a seatbelt safety belt or safety harness due to a temporary or permanent disability, is being transported in a taxicab or in a personal vehicle operated by a transportation network company driver, as defined in section 321N.1, in a manner that is not in compliance with subsection 1 or 2, the parent, legal guardian, or other responsible adult traveling with the child shall be served with a citation for a violation of this section in lieu of the taxicab operator or transportation network company driver. Otherwise, if a passenger being transported in the taxicab or in a personal vehicle operated by a transportation network company driver is fourteen years of age or older, the citation shall be served on the passenger in lieu of the taxicab operator or transportation network company driver.
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, Code section 321.445 (safety belts and safety harnesses) requires drivers and front seat occupants of motor vehicles who are 18 years of age or older to wear a properly adjusted and fastened safety belt or safety harness any time the vehicle is in forward motion on a street or highway. This bill applies the requirement to all passengers of the vehicle who are 18 years of age or older. The bill makes corresponding changes to the exceptions, charging provisions, and rulemaking provisions of Code section 321.445.
   Code section 321.446 (child restraint devices) requires children under 18 years of age to be secured during transit by a child restraint system, safety belt, or safety harness. The bill strikes a provision in Code section 321.446 that exempts children occupying the back seat of a motor vehicle from having to be secured during transit by a child restraint system, safety belt, or safety harness if no safety belt is available because all safety belts are being used by other occupants or cannot be used due to the use of a child restraint system in the seating position for which a belt is provided.
   The bill makes the use of the terms “passenger”, “safety belt”, and “safety harness” consistent throughout Code sections 321.445 and 321.446.
   A violation of Code section 321.445 is punishable by a scheduled fine of $70. A violation of Code section 321.446 is punishable by a scheduled fine of $135. The department of transportation is prohibited from considering either violation in determining an offender’s driver’s license suspension under Code section 321.210 or habitual offender status under Code section 321.555.