H.B. 140

1

CHILD RESTRAINT DEVICE AMENDMENTS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Tim M. Cosgrove
5 Senate Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicles Code by amending provisions relating to child
10 restraint devices and safety belts.
11 Highlighted Provisions:
12 This bill:
13 . requires that the operator of a motor vehicle shall provide for the protection of a
14 person younger than eight years of age by using an appropriate child restraint device
15 with certain exceptions; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1803, as renumbered and amended by Laws of Utah 2005, Chapter 2
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-6a-1803 is amended to read:
27 41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.

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




Legislative Review Note
as of 1-17-08 1:28 PM

Office of Legislative Research and General Counsel