H.B. 8

1

SEAT BELT ENFORCEMENT PROVISIONS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Carol Spackman Moss
5 This act modifies the Motor Vehicle Code to clarify that the driver or a passenger 19
6 years of age and older may be cited in a secondary action for a separate safety belt
7 violation if the vehicle has been detained for a suspected violation.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 41-6-182, as repealed and reenacted by Chapter 153, Laws of Utah 2000
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 41-6-182 is amended to read:
13 41-6-182. Driver and passengers -- Seat belt or child restraint device required.
14 (1) The driver of a motor vehicle operated on a highway shall:
15 (a) wear a properly adjusted and fastened safety belt;
16 (b) provide for the protection of each person younger than five years of age by using a
17 child restraint device to restrain each person in the manner prescribed by the manufacturer of
18 the device; and
19 (c) provide for the protection of each person five years of age up to 16 years of age by
20 using an appropriate child restraint device to restrain each person in the manner prescribed by
21 the manufacturer of the device or by securing, or causing to be secured, a properly adjusted and
22 fastened safety belt on each person.
23 (2) A passenger who is 16 years of age or older of a motor vehicle operated on a
24 highway shall wear a properly adjusted and fastened safety belt.
25 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
26 commissioner of the Department of Public Safety shall set standards for approved safety belts
27 and child restraint devices.

28 (4) If more than one person is not using a child restraint device or wearing a safety belt
29 in violation of Subsection (1), it is only one offense and the driver may receive only one
30 citation.
31 (5) For a person 19 years of age or older who violates Subsection (1)(a) or (2),
32 enforcement by a state or local law enforcement officer shall be only as a secondary action
33 when the [person] vehicle has been detained for a suspected violation by any person in the
34 vehicle of Title 41, Motor Vehicles, other than Subsection (1)(a) or (2), or for another offense.




Legislative Review Note
as of 9-30-02 3:42 PM

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

Office of Legislative Research and General Counsel

Interim Committee Note
as of 12-12-02 10:42 AM

The Transportation Interim Committee recommended this bill.