S.B. 36

This document includes Senate 2^nd Reading Floor Amendments incorporated into the bill on Thu, Feb 1, 2007 at 12:06 PM by rday. -->

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Senate 2nd Reading 2-1-2007 rd/sch 1

S. NICK'S .S SAFETY BELT ENFORCEMENT S. [ AMENDMENTS ] LAW .S
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patricia W. Jones
5 House Sponsor: Sheryl L. Allen
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending safety belt provisions.
10 Highlighted Provisions:
11 This bill:
12 . repeals the provision that makes a safety belt violation for a person 19 years of age
13 or older enforceable only as a secondary action when the person is detained for
14 another offense S. until July 1, 2010;
14a . provides that beginning on or after July 1, 2010, a safety belt violation for a
14b person 19 years of age or older is enforceable only as a secondary action when the person is
14c detained for another offense;
14d . requires the Transportation Interim Committee to study the effectiveness of the
14e primary safety belt requirement and make recommendations on safety belt usage; and
14f . makes technical changes .S
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 41-6a-1803, as renumbered and amended by Chapter 2, Laws of Utah 2005

21a S. ENACTS:
21b 63-55-107, Utah Code Annotated 1953 .S
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23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 41-6a-1803 is amended to read:
25 41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.
26 (1) The operator of a motor vehicle operated on a highway shall:
27 (a) wear a properly adjusted and fastened safety belt;

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Senate 2^nd Reading Amendments 2-1-2007 rd/sch 28

(b) provide for the protection of each person younger than five years of age by using a
29 child restraint device to restrain each person in the manner prescribed by the manufacturer of
30 the device; and
31 (c) provide for the protection of each person five years of age up to 16 years of age by:
32 (i) using an appropriate child restraint device to restrain each person in the manner
33 prescribed by the manufacturer of the device; or
34 (ii) securing, or causing to be secured, a properly adjusted and fastened safety belt on
35 each person.
36 (2) A passenger who is 16 years of age or older of a motor vehicle operated on a
37 highway shall wear a properly adjusted and fastened safety belt.
38 (3) If more than one person is not using a child restraint device or wearing a safety belt
39 in violation of Subsection (1), it is only one offense and the driver may receive only one
40 citation.
41 S. [ [ ] (4) [ For ] (a) Beginning on or after July 1, 2010, and for a person 19 years of age
41a or older who violates Subsection (1)(a) or (2),
42 enforcement by a state or local law enforcement officer shall be only as a secondary action
43 when the person has been detained for a suspected violation of Title 41, Motor Vehicles, other
44 than Subsection (1)(a) or (2), or for another offense. [ ] ]
44a (b) The Transportation Interim Committee of the Legislature shall, prior to November 30,
44b 2009:
44c (i) study the increase or decrease in safety belt usage within the last three years; and
44d (ii) make recommendations on the effectiveness of primary enforcement of Subsection
44e (1)(a) or (2).
44f Section 2. 63-55-107 is enacted to read:
44g 63-55-107. Primary safety belt enforcement study.
44h The Transportation Interim Committee of the Legislature shall, prior to November 30,
44i 2009, study safety belt usage in accordance with Subsection 41-6a-1803(4)(b). .S

Legislative Review Note
as of 11-28-06 10:31 AM

Office of Legislative Research and General Counsel