S.B. 114

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Senate 2nd Reading Amendments 2-25-2013 lp/sch

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Senate Committee Amendments 2-7-2013 lp/sch This document includes Senate Committee Amendments incorporated into the bill on Thu, Feb 7, 2013 at 9:34 AM by lpoole. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Feb 25, 2013 at 12:28 PM by lpoole. --> 1

SAFETY BELT AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Luz Robles
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to safety belt
10 restraint requirements.
11 Highlighted Provisions:
12 This bill:
13 . provides that a state or local law enforcement officer may only enforce the safety
14 belt restraint requirement as a secondary action on a highway with a posted speed
15 limit of less than 55 miles per hour; S. [ and ]
15a . provides that S. until July 1, 2014, .S a state or local law enforcement officer
15a1 may not issue a citation to a
15b person 19 years of age or older who has been detained S. [ for the first time ] .S for a safety
15b1 belt
15c violation that is enforced as a primary offense but shall issue the person a warning informing
15d the person that wearing a safety belt while operating or a passenger in a motor vehicle is
15e enforced as a primary offense on a highway with a posted speed limit of 55 miles per hour or
15f more; and .S
16 . makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1803, as last amended by Laws of Utah 2008, Chapter 160

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Senate Committee Amendments 2-7-2013 lp/sch 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 -- Safety belt or child restraint device

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Senate 2nd Reading Amendments 2-25-2013 lp/sch

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Senate Committee Amendments 2-7-2013 lp/sch 28

required.
29 (1) (a) The operator of a motor vehicle operated on a highway shall:
30 (i) wear a properly adjusted and fastened safety belt;
31 (ii) provide for the protection of each person younger than eight years of age by using a
32 child restraint device to restrain each person in the manner prescribed by the manufacturer of
33 the device; and
34 (iii) provide for the protection of each person from eight years of age [up] to 16 years
35 of age by securing, or causing to be secured, a properly adjusted and fastened safety belt on
36 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 is not wearing a
46 safety belt, in violation of Subsection (1), it is only one offense and the driver may receive only
47 one citation.
48 (4) (a) Except as provided in Subsection (4)(b), a state or local law enforcement officer
49 shall enforce a violation of this section as a primary offense.
50 [(4)] (b) For a person 19 years of age or older who violates Subsection (1)(a)(i) or (2),
51 enforcement by a state or local law enforcement officer shall be only as a secondary action
52 [when] if the person:
53 (i) has been detained for a suspected violation of Title 41, Motor Vehicles, other than
54 Subsection (1)(a)(i) or (2), or for another offense[.]; and
55 (ii) was operating the motor vehicle or was a passenger in a motor vehicle being
56 operated on a highway with a posted speed limit of less than 55 miles per hour.
56a S. (c) S. [ A ] Until July 1, 2014, a .S state or local law enforcement officer may not
56a1 issue a citation to a person 19
56b years of age or older who has been detained S. [ for the first time ] .S for a violation of
56b1 Subsection
56c (1)(a)(i) or (2) that is enforced as a primary offense but shall issue the person a warning
56d informing the person that wearing a safety belt in a motor vehicle is enforced as a primary
56e offense on a highway with a posted speed limit of 55 miles per hour or more. .S

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Legislative Review Note
as of 1-17-13 1:03 PM

Office of Legislative Research and General Counsel

[Bill Documents]