S.B. 98

1

SAFETY BELT ENFORCEMENT AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen Hale
5 House Sponsor: Sheryl L. Allen
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 safety belt violation for a person 19 years of age
13 or older enforceable only as a secondary action when the person is detained for
14 another offense.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 41-6a-1803, as renumbered and amended by Chapter 2, Laws of Utah 2005
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 41-6a-1803 is amended to read:
25 41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.
26 (1) The operator 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 (i) using an appropriate child restraint device to restrain each person in the manner
33 prescribed by the manufacturer of the device; or
34 (ii) securing, or causing to be secured, a properly adjusted and fastened safety belt on
35 each person.
36 (2) A passenger who is 16 years of age or older of a motor vehicle operated on a
37 highway shall wear a properly adjusted and fastened safety belt.
38 (3) If more than one person is not using a child restraint device or wearing a safety belt
39 in violation of Subsection (1), it is only one offense and the driver may receive only one
40 citation.
41 [(4) For a person 19 years of age or older who violates Subsection (1)(a) or (2),
42 enforcement by a state or local law enforcement officer shall be only as a secondary action
43 when the person has been detained for a suspected violation of Title 41, Motor Vehicles, other
44 than Subsection (1)(a) or (2), or for another offense.]




Legislative Review Note
as of 10-27-05 1:03 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