H.B. 50

1

CHILD RESTRAINT REQUIREMENTS AND PENALTIES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Brad King
5 AN ACT RELATING TO MOTOR VEHICLES; INCREASING THE FINE FOR
6 TRANSPORTING AN UNRESTRAINED CHILD IN A MOTOR VEHICLE; AND MAKING
7 TECHNICAL CORRECTIONS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-6-148.20, as last amended by Chapter 1, Laws of Utah 1992
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 41-6-148.20 is amended to read:
13 41-6-148.20. Child restraint device required -- Violation as infraction -- Dismissal
14 of charge -- Failure not admissible as to negligence.
15 (1) As used in this section:
16 (a) "Motor vehicle" means a vehicle defined in Section 41-1a-102; except authorized
17 emergency vehicles defined in Sections 41-6-1 and 41-6-1.5, mopeds, campers, sleepers,
18 motorcycles, motor homes, school buses, taxicabs, vehicles owned, operated, or leased by a public
19 transit district, commercial vehicles [owned or operated by persons holding a certificate of
20 convenience and necessity issued by the Public Service Commission] as defined in Section
21 27-17-103, or vehicles that weigh over 10,000 pounds gross weight and are not equipped with seat
22 belts by the manufacturer.
23 (b) "Seating position" means any area within the passenger compartment of a motor
24 vehicle in which the manufacturer has installed seat belts.
25 (2) A driver transporting a child in a motor vehicle shall:
26 (a) provide for the protection of a child younger than two years of age by using a child
27 restraint device approved by the commissioner of public safety to restrain the child in the manner

1 prescribed by the manufacturer of the device; and
2 (b) provide for the protection of a child two years of age up to eight years of age by using
3 an appropriate child restraint device or a safety belt approved by the commissioner of public safety
4 to restrain the child in the manner prescribed by the manufacturer of the device.
5 (3) Subsection (2) does not apply if all seating positions are occupied by other passengers.
6 (4) (a) A driver convicted of a violation of this section is guilty of an infraction and shall
7 be fined not more than [$20] $75 per offense.
8 (b) The court in which a charge is pending for a first violation of this section shall dismiss
9 the action against a driver who, during or before any court appearance on the matter, submits proof
10 of acquisition, rental, or purchase of a child restraint device or safety belt as required by
11 Subsection (2).
12 (5) Failure to provide and use a child restraint device or safety belt to restrain a child as
13 required under this section may not be considered comparative negligence, nor is the failure to
14 provide and use the restraint device or safety belt admissible as evidence in the trial of a civil
15 action with regard to negligence.




Legislative Review Note
as of 12-10-96 1:01 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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