House
File
2344
-
Introduced
HOUSE
FILE
2344
BY
COMMITTEE
ON
TRANSPORTATION
(SUCCESSOR
TO
HSB
575)
A
BILL
FOR
An
Act
relating
to
the
use
of
child
restraint
devices
by
1
certain
children
traveling
in
motor
vehicles.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5796HV
(1)
91
th/ns
H.F.
2344
Section
1.
Section
321.446,
subsections
1
and
2,
Code
2026,
1
are
amended
to
read
as
follows:
2
1.
a.
A
child
under
one
year
of
age
and
weighing
less
3
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
,
until
the
child
reaches
the
age
of
8
two
or
exceeds
the
manufacturer’s
recommended
maximum
height
9
and
weight
limits
for
the
system
.
10
b.
A
child
under
six
years
of
age
who
does
not
meet
the
11
description
in
paragraph
“a”
and
who
is
being
transported
12
in
a
motor
vehicle
subject
to
registration,
except
a
school
13
bus
or
motorcycle,
shall
be
secured
during
transit
by
a
14
child
restraint
system
,
that
is
used
in
accordance
with
the
15
manufacturer’s
instructions
,
until
the
child
reaches
the
age
of
16
eight
.
17
2.
A
child
at
least
six
eight
years
of
age
but
under
18
eighteen
years
of
age
who
is
being
transported
in
a
motor
19
vehicle
subject
to
registration,
except
a
school
bus
or
20
motorcycle,
shall
be
secured
during
transit
by
a
child
21
restraint
system
,
that
is
used
in
accordance
with
the
22
manufacturer’s
instructions
,
or
by
a
safety
belt
or
safety
23
harness
of
a
type
approved
under
section
321.445
,
until
the
24
child
reaches
the
age
of
eighteen
.
25
Sec.
2.
Section
321.446,
subsection
3,
paragraph
d,
Code
26
2026,
is
amended
by
striking
the
paragraph.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
relates
to
the
use
of
child
restraint
devices
by
31
certain
children
traveling
in
motor
vehicles,
including
child
32
restraint
systems,
safety
belts,
and
safety
harnesses.
33
Current
law
requires
a
child
under
one
year
of
age
and
34
weighing
less
than
20
pounds
who
is
being
transported
in
a
35
-1-
LSB
5796HV
(1)
91
th/ns
1/
2
H.F.
2344
motor
vehicle
subject
to
registration,
except
a
school
bus
1
or
motorcycle,
to
be
secured
during
transit
in
a
rear-facing
2
child
restraint
system
that
is
used
in
accordance
with
the
3
manufacturer’s
instructions.
The
bill
extends
this
requirement
4
to
a
child
under
two
years
of
age
or
until
the
child
exceeds
the
5
manufacturer’s
recommended
maximum
height
and
weight
limits
for
6
the
child
restraint
system.
7
Current
law
also
requires
a
child
under
six
years
of
age,
8
who
is
not
subject
to
the
above
requirement,
and
who
is
being
9
transported
in
a
motor
vehicle
subject
to
registration,
except
10
a
school
bus
or
motorcycle,
to
be
secured
during
transit
by
11
a
child
restraint
system
that
is
used
in
accordance
with
the
12
manufacturer’s
instructions.
The
bill
extends
this
requirement
13
to
children
under
eight
years
of
age.
14
Accordingly,
the
bill
requires
a
child
at
least
eight
years
15
of
age
(instead
of
six)
but
under
18
years
of
age
who
is
being
16
transported
in
a
motor
vehicle
subject
to
registration,
except
17
a
school
bus
or
motorcycle,
to
be
secured
during
transit
by
18
a
child
restraint
system
that
is
used
in
accordance
with
the
19
manufacturer’s
instructions
or
by
an
approved
safety
belt
or
20
safety
harness.
21
The
bill
strikes
a
provision
that
exempts
children
occupying
22
the
back
seat
of
a
motor
vehicle
from
having
to
be
secured
23
during
transit
by
a
child
restraint
system,
safety
belt,
or
24
safety
harness
if
no
safety
belt
is
available
because
all
25
safety
belts
are
being
used
by
other
occupants
or
cannot
be
26
used
due
to
the
use
of
a
child
restraint
system
in
the
seating
27
position
for
which
a
belt
is
provided.
28
A
violation
of
Code
section
321.446
is
punishable
by
a
29
scheduled
fine
of
$135.
The
department
of
transportation
is
30
prohibited
from
considering
a
violation
of
Code
section
321.446
31
in
determining
an
offender’s
driver’s
license
suspension
under
32
Code
section
321.210
or
habitual
offender
status
under
Code
33
section
321.555.
34
-2-
LSB
5796HV
(1)
91
th/ns
2/
2