H.B. 113

1

CHILD RESTRAINT DEVICE AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Christopher N. Herrod
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Motor Vehicle Safety Belt Usage Act by amending provisions
10 relating to child restraint device requirements.
11 Highlighted Provisions:
12 This bill:
13 . provides that an operator of a motor vehicle is exempt from the requirement to use a
14 child restraint device to restrain a person who is five years of age or older but
15 younger than eight years of age if:
16 . the operator of the motor vehicle is operating a motor vehicle directly to or from
17 the operator's residence and certain locations;
18 . the distance from the operator's residence to or from certain locations is four
19 miles or less; and
20 . all available child restraint devices in the vehicle are being occupied;
21 . provides that an operator of a vehicle shall provide for the protection of the person
22 who is five years of age or older but younger than eight years of age by securing the
23 person in a properly adjusted and fastened safety belt; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 41-6a-1803, as last amended by Laws of Utah 2008, Chapter 160
32 41-6a-1805, as renumbered and amended by Laws of Utah 2005, Chapter 2
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 41-6a-1803 is amended to read:
36 41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.
37 (1) (a) The operator of a motor vehicle operated on a highway shall:
38 (i) wear a properly adjusted and fastened safety belt;
39 (ii) provide for the protection of each person younger than eight years of age by using a
40 child restraint device to restrain each person in the manner prescribed by the manufacturer of
41 the device; and
42 (iii) provide for the protection of each person eight years of age up to 16 years of age
43 by securing, or causing to be secured, a properly adjusted and fastened safety belt on each
44 person.
45 (b) Notwithstanding the requirement under Subsection (1)(a)(ii), a child under eight
46 years of age who is 57 inches tall or taller:
47 (i) is exempt from the requirement in Subsection (1)(a)(ii) to be in a child restraint
48 device; and
49 (ii) shall use a properly adjusted and fastened safety belt as required in Subsection
50 (1)(a)(iii).
51 (c) Notwithstanding the requirement under Subsection (1)(a)(ii), a person:
52 (i) is not required to use a child restraint device to restrain a person who is five years of
53 age or older but younger than eight years of age if:
54 (A) the operator of the motor vehicle is operating the motor vehicle directly to or from:
55 (I) the operator's residence; and
56 (II) (Aa) a school where one of the passengers is enrolled;
57 (Bb) a church sponsored activity; or
58 (Cc) an organized recreational activity;

59 (B) the distance from the operator's residence and the location described in Subsection
60 (1)(c)(i)(A)(II) is four miles or less; and
61 (C) all available child restraint devices in the vehicle are being occupied; and
62 (ii) shall provide for the protection of a person described in this Subsection (1)(c) by
63 securing, or causing to be secured, a properly adjusted and fastened safety belt on the person.
64 (2) A passenger who is 16 years of age or older of a motor vehicle operated on a
65 highway shall wear a properly adjusted and fastened safety belt.
66 (3) If more than one person is not using a child restraint device or wearing a safety belt
67 in violation of Subsection (1), it is only one offense and the driver may receive only one
68 citation.
69 (4) For a person 19 years of age or older who violates Subsection (1)(a)(i) or (2),
70 enforcement by a state or local law enforcement officer shall be only as a secondary action
71 when the person has been detained for a suspected violation of Title 41, Motor Vehicles, other
72 than Subsection (1)(a)(i) or (2), or for another offense.
73 Section 2. Section 41-6a-1805 is amended to read:
74 41-6a-1805. Penalty for violation.
75 (1) (a) A person who violates Section 41-6a-1803 is guilty of an infraction and shall be
76 fined a maximum of $45.
77 (b) The court shall waive all but $15 of the fine for a violation of Section 41-6a-1803 if
78 a person:
79 (i) shows evidence of completion of a two-hour course approved by the commissioner
80 of the Department of Public Safety that includes education on the benefits of using a safety belt
81 and child restraint device; and
82 (ii) if the violation is for an offense under Subsection 41-6a-1803 (1)[(b)](a)(ii),
83 submits proof of acquisition, rental, or purchase of a child restraint device.
84 (2) Points for a motor vehicle reportable violation, as defined under Section 53-3-102 ,
85 may not be assessed against a person for a violation of Section 41-6a-1803 .

Legislative Review Note
as of 1-27-10 2:34 PM

Office of Legislative Research and General Counsel