H.B. 209

1

CHILD RESTRAINT DEVICE AMENDMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Tim M. Cosgrove
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions relating to child
10 restraint devices and safety belts.
11 Highlighted Provisions:
12 This bill:
13 . requires that the operator of a motor vehicle shall provide for the protection of a
14 person younger than eight years of age unless the person is 57 inches tall or taller by
15 using a child restraint device;
16 . requires that the operator of a motor vehicle shall provide for the protection of a
17 person eight years of age or older or 57 inches tall or taller until the person reaches
18 16 years of age by using an appropriate child restraint device or securing a properly
19 adjusted and fastened safety belt; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 41-6a-1803, as renumbered and amended by Chapter 2, Laws of Utah 2005

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 41-6a-1803 is amended to read:
31 41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.
32 (1) The operator of a motor vehicle operated on a highway shall:
33 (a) wear a properly adjusted and fastened safety belt;
34 (b) provide for the protection of [each] a person [younger than five years of age] by
35 using a child restraint device to restrain [each] the person in the manner prescribed by the
36 manufacturer of the device[; and] if the person is younger than eight years of age unless the
37 person is 57 inches tall or taller; and
38 (c) provide for the protection of each person [five] eight years of age [up to] or older or
39 57 inches tall or taller until the person reaches 16 years of age by:
40 (i) using an appropriate child restraint device to restrain each person in the manner
41 prescribed by the manufacturer of the device; or
42 (ii) securing, or causing to be secured, a properly adjusted and fastened safety belt on
43 each person.
44 (2) A passenger who is 16 years of age or older of a motor vehicle operated on a
45 highway shall wear a properly adjusted and fastened safety belt.
46 (3) If more than one person is not using a child restraint device or wearing a safety belt
47 in violation of Subsection (1), it is only one offense and the driver may receive only one
48 citation.
49 (4) For a person 19 years of age or older who violates Subsection (1)(a) or (2),
50 enforcement by a state or local law enforcement officer shall be only as a secondary action
51 when the person has been detained for a suspected violation of Title 41, Motor Vehicles, other
52 than Subsection (1)(a) or (2), or for another offense.




Legislative Review Note
as of 11-16-06 8:54 AM

Office of Legislative Research and General Counsel