Second Substitute S.B. 109

Representative Michael E. Noel proposes the following substitute bill:

1 SAFETY BELT ENFORCEMENT
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Karen Hale
5 Patrice M. ArentGene Davis 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 . repeals the provision that makes a seat belt violation for a person 19 years of age or
14 older enforceable only as a secondary action when the person is detained for another
15 offense;
16 . provides that a person's driving privilege shall be suspended for 30 days if the
17 person cited for a safety belt violation is:
18 . a minor and the operator of the vehicle at the time of the violation; or
19 . a passenger in the vehicle at the time of the violation and at least 16 years of age
20 but younger than 18 years of age;
21 . requires the court to notify the Driver License Division of violations for certain
22 safety belt provisions;
23 . provides that the Driver License Division shall immediately suspend a minor's
24 driving privilege upon receiving notice from a court of a minor's violation of certain
25 safety belt requirements; and

26 . makes technical changes.
27 Monies Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 41-6a-1803, as renumbered and amended by Chapter 2, Laws of Utah 2005
34 41-6a-1805, as renumbered and amended by Chapter 2, Laws of Utah 2005
35 53-3-219, as last amended by Chapter 161, Laws of Utah 2004
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 41-6a-1803 is amended to read:
39 41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.
40 (1) The operator of a motor vehicle operated on a highway shall:
41 (a) wear a properly adjusted and fastened safety belt;
42 (b) provide for the protection of each person younger than five years of age by using a
43 child restraint device to restrain each person in the manner prescribed by the manufacturer of
44 the device; and
45 (c) provide for the protection of each person five years of age up to 16 years of age by:
46 (i) using an appropriate child restraint device to restrain each person in the manner
47 prescribed by the manufacturer of the device; or
48 (ii) securing, or causing to be secured, a properly adjusted and fastened safety belt on
49 each person.
50 (2) A passenger who is 16 years of age or older of a motor vehicle operated on a
51 highway shall wear a properly adjusted and fastened safety belt.
52 (3) If more than one person is not using a child restraint device or wearing a safety belt
53 in violation of Subsection (1), it is only one offense and the driver may receive only one
54 citation.
55 [(4) For a person 19 years of age or older who violates Subsection (1)(a) or (2),
56 enforcement by a state or local law enforcement officer shall be only as a secondary action

57 when the person has been detained for a suspected violation of Title 41, Motor Vehicles, other
58 than Subsection (1)(a) or (2), or for another offense.]
59 Section 2. Section 41-6a-1805 is amended to read:
60 41-6a-1805. Penalty for violation.
61 (1) (a) A person who violates Section 41-6a-1803 is guilty of an infraction and shall be
62 fined a maximum of $45.
63 (b) The court shall waive all but $15 of the fine for a violation of Section 41-6a-1803 if
64 a person:
65 (i) shows evidence of completion of a two-hour course approved by the commissioner
66 of the Department of Public Safety that includes education on the benefits of using a safety belt
67 and child restraint device; and
68 (ii) if the violation is for an offense under Subsection 41-6a-1803 (1)(b), submits proof
69 of acquisition, rental, or purchase of a child restraint device.
70 (2) Points for a motor vehicle reportable violation, as defined under Section 53-3-102 ,
71 may not be assessed against a person for a violation of Section 41-6a-1803 .
72 (3) (a) When a court finds that a person has violated Section 41-6a-1803 , the person's
73 driving privilege shall be suspended if the person is:
74 (i) (A) younger than 18 years of age; and
75 (B) the operator of the motor vehicle; or
76 (ii) (A) at least 16 years of age but younger than 18 years of age; and
77 (B) a passenger of the motor vehicle being operated on a highway.
78 (b) The court shall notify the Driver License Division of all dispositions under this
79 Subsection (3).
80 (4) The Driver License Division shall suspend for 30 days the driver license of a person
81 identified in Subsection (3) who violates Section 41-6a-1803 upon receiving notice from a
82 court under Subsection (3).
83 Section 3. Section 53-3-219 is amended to read:
84 53-3-219. Suspension of minor's driving privileges.
85 (1) The division shall immediately suspend all driving privileges of any person upon
86 receipt of an order suspending driving privileges under Section 32A-12-209 , Subsection
87 76-9-701 (1), or Section 78-3a-506 .

88 (a) Upon receipt of the first order suspending a person's driving privileges, the division
89 shall impose a suspension for 90 days or, if the person is under the age of eligibility for a driver
90 license, the suspension shall begin on the date of conviction and continue for the first 90 days
91 following the date of eligibility.
92 (b) Upon receipt of a second order suspending a person's driving privileges, the
93 division shall impose a suspension for six months or, if the person is under the age of eligibility
94 for a driver license, the suspension shall begin on the date of conviction and continue for the
95 first six months following the date of eligibility.
96 (c) Upon receipt of a third or subsequent order suspending a person's driving
97 privileges, the division shall impose a suspension for one year or, if the person is under the age
98 of eligibility for a driver license, the suspension shall begin on the date of conviction and
99 continue for one year beginning on the date of eligibility.
100 (2) (a) The division shall immediately suspend for 30 days all driving privileges of a
101 person upon receipt of a notice under Section 41-6a-1805 .
102 (b) If the person is under the age of eligibility for a driver license, the suspension shall
103 begin on the date of conviction and continue for the first 30 days following the date of
104 eligibility.
105 [(2)] (3) After reinstatement of the license under Subsection (1)(a) or (2)(a), a report
106 authorized under Section 53-3-104 may not contain evidence of the suspension of a minor's
107 license under this section if the minor has not been convicted of any other offense for which the
108 suspension under Subsection (1)(a) or (2)(a) may be extended.