H.B. 111

1

CHILD RESTRAINT DEVICE AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Tim M. Cosgrove
5 Senate Sponsor: Gregory S. Bell
6 Cosponsor:Carol Spackman Moss 7
8 LONG TITLE
9 General Description:
10 This bill modifies the Motor Vehicles Code by amending provisions related to child
11 restraint devices and safety belts.
12 Highlighted Provisions:
13 This bill:
14 . provides that the operator of a motor vehicle shall provide for the protection of a
15 person younger than eight years of age and under 57 inches tall by using a child
16 restraint device;
17 . provides that the operator of a motor vehicle shall provide for the protection of a
18 person eights year of age or 57 inches tall or taller up to 16 years of age by using an
19 appropriate child restraint device or securing a properly adjusted and fastened safety
20 belt; and
21 . makes technical changes.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:

28 41-6a-1803, as renumbered and amended by Chapter 2, Laws of Utah 2005
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 41-6a-1803 is amended to read:
32 41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.
33 (1) The operator of a motor vehicle operated on a highway shall:
34 (a) wear a properly adjusted and fastened safety belt;
35 (b) provide for the protection of each person younger than [five] eight years of age and
36 under 57 inches tall by using a child restraint device to restrain each person in the manner
37 prescribed by the manufacturer of the device; and
38 (c) provide for the protection of each person [five] eight years of age or 57 inches tall
39 or taller up to 16 years of age by:
40 (i) using an appropriate child restraint device to restrain each person in the manner
41 prescribed by the manufacturer of the device; or
42 (ii) securing, or causing to be secured, a properly adjusted and fastened safety belt on
43 each person.
44 (2) A passenger who is 16 years of age or older of a motor vehicle operated on a
45 highway shall wear a properly adjusted and fastened safety belt.
46 (3) If more than one person is not using a child restraint device or wearing a safety belt
47 in violation of Subsection (1), it is only one offense and the driver may receive only one
48 citation.
49 (4) For a person 19 years of age or older who violates Subsection (1)(a) or (2),
50 enforcement by a state or local law enforcement officer shall be only as a secondary action
51 when the person has been detained for a suspected violation of Title 41, Motor Vehicles, other
52 than Subsection (1)(a) or (2), or for another offense.

Legislative Review Note
as of 1-16-06 1:46 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel