S.B. 71

1

SAFETY BELT ENFORCEMENT
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Karen Hale
5 Dan R. Eastman 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 seat belt violation for a person 19 years of age or
13 older enforceable only as a secondary action when the person is detained for another
14 offense.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 41-6-182, as repealed and reenacted by Chapter 153, Laws of Utah 2000
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 41-6-182 is amended to read:
25 41-6-182. Driver and passengers -- Seat belt or child restraint device required.
26 (1) The driver of a motor vehicle operated on a highway shall:
27 (a) wear a properly adjusted and fastened safety belt;

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 using an appropriate child restraint device to restrain each person in the manner prescribed by
33 the manufacturer of the device or by securing, or causing to be secured, a properly adjusted and
34 fastened safety belt on each person.
35 (2) A passenger who is 16 years of age or older of a motor vehicle operated on a
36 highway shall wear a properly adjusted and fastened safety belt.
37 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
38 commissioner of the Department of Public Safety shall set standards for approved safety belts
39 and child restraint devices.
40 (4) If more than one person is not using a child restraint device or wearing a safety belt
41 in violation of Subsection (1), it is only one offense and the driver may receive only one
42 citation.
43 [(5) For a person 19 years of age or older who violates Subsection (1)(a) or (2),
44 enforcement by a state or local law enforcement officer shall be only as a secondary action
45 when the person has been detained for a suspected violation of Title 41, Motor Vehicles, other
46 than Subsection (1)(a) or (2), or for another offense.]




Legislative Review Note
as of 9-16-03 7:48 AM

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

Office of Legislative Research and General Counsel