First Substitute H.B. 92

This document includes House Committee Amendments incorporated into the bill on Thu, Feb 24, 2005 at 2:33 PM by ddonat. -->

Representative Michael E. Noel proposes the following substitute bill:

1 SAFETY BELT LAW REQUIREMENT
2 AMENDMENTS
3 2005 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Michael E. Noel
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code and the Public Safety Code by amending
10 provisions related to safety belt violations and driver licenses.
11 Highlighted Provisions:
12 This bill:
13 . changes the penalty for a safety belt violation from an infraction to a class C
14 misdemeanor;
15 . provides that a person's driving privilege shall be suspended for 30 days if the
16 person cited for a safety belt violation is:
17 . a minor and the operator of the vehicle at the time of the violation; or
18 . a passenger in the vehicle at the time of the violation and at least 16 years of age
19 but younger than 18 years of age;
20 . requires the court to notify the Driver License Division of violations for certain
21 safety belt provisions;
22 . provides that the Driver License Division shall immediately suspend a minor's
23 driving privilege upon receiving notice from a court of a minor's violation of certain
24 safety belt requirements; and
25 . makes technical changes.

26 Monies Appropriated in this Bill:
27 None
28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 41-6a-202, as renumbered and amended by Chapter 2, Laws of Utah 2005
33 41-6a-1805, as renumbered and amended by Chapter 2, Laws of Utah 2005
34 53-3-219, as last amended by Chapter 161, Laws of Utah 2004
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 11. Section 41-6a-202 is amended to read:
38 41-6a-202. Violations of chapter -- Penalties.
39 (1) A violation of any provision of this chapter is a class C misdemeanor, unless
40 otherwise provided.
41 (2) A violation of any provision of Parts 2, 11, and 17[, and 18] of this chapter is an
42 infraction, unless otherwise provided.
43 Section 22. Section 41-6a-1805 is amended to read:
44 41-6a-1805. Penalty for violation.
45 (1) (a) A person who violates Section 41-6a-1803 is guilty of H. [ [ ] an infraction [ ] ]
45a [ a class C
46 misdemeanor ] .H and shall be fined a maximum of $45.
47 (b) The court shall waive all but $15 of the fine for a violation of Section 41-6a-1803 if
48 a person:
49 (i) shows evidence of completion of a two-hour course approved by the commissioner
50 of the Department of Public Safety that includes education on the benefits of using a safety belt
51 and child restraint device; and
52 (ii) if the violation is for an offense under Subsection 41-6a-1803 (1)(b), submits proof
53 of acquisition, rental, or purchase of a child restraint device.
54 (2) Points for a motor vehicle reportable violation, as defined under Section 53-3-102 ,
55 may not be assessed against a person for a violation of Section 41-6a-1803 .
56 (3) (a) When a court finds that a person has violated Section 41-6-1803 , the person's

57 driving privilege shall be suspended if the person is:
58 (i) (A) younger than 18 years of age; and
59 (B) the operator of the motor vehicle; or
60 (ii) (A) at least 16 years of age but younger than 18 years of age; and
61 (B) a passenger of the motor vehicle being operated on a highway.
62 (b) The court shall notify the Driver License Division of all dispositions under this
63 Subsection (3).
64 (4) The Driver License Division shall suspend for 30 days the driver license of a person
65 identified in Subsection (3) who violates Section 41-6a-1803 upon receiving notice from a
66 court under Subsection (3).
67 Section 33. Section 53-3-219 is amended to read:
68 53-3-219. Suspension of minor's driving privileges.
69 (1) The division shall immediately suspend all driving privileges of any person upon
70 receipt of an order suspending driving privileges under Section 32A-12-209 , Subsection
71 76-9-701 (1), or Section 78-3a-506 .
72 (a) Upon receipt of the first order suspending a person's driving privileges, the division
73 shall impose a suspension for 90 days or, if the person is under the age of eligibility for a driver
74 license, the suspension shall begin on the date of conviction and continue for the first 90 days
75 following the date of eligibility.
76 (b) Upon receipt of a second order suspending a person's driving privileges, the
77 division shall impose a suspension for six months or, if the person is under the age of eligibility
78 for a driver license, the suspension shall begin on the date of conviction and continue for the
79 first six months following the date of eligibility.
80 (c) Upon receipt of a third or subsequent order suspending a person's driving
81 privileges, the division shall impose a suspension for one year or, if the person is under the age
82 of eligibility for a driver license, the suspension shall begin on the date of conviction and
83 continue for one year beginning on the date of eligibility.
84 (2) (a) The division shall immediately suspend for 30 days all driving privileges of a
85 person upon receipt of a notice under Section 41-6a-1805 .
86 (b) If the person is under the age of eligibility for a driver license, the suspension shall
87 begin on the date of conviction and continue for the first 30 days following the date of

88 eligibility.
89 [(2)] (3) After reinstatement of the license under Subsection (1)(a) H. or (2)(a) .H , a
89a report authorized
90 under Section 53-3-104 may not contain evidence of the suspension of a minor's license under
91 this section if the minor has not been convicted of any other offense for which the suspension
92 under Subsection (1)(a) H. or (2)(a) .H may be extended.