This document includes House Floor Amendments incorporated into the bill on Tue, Feb 17, 2015 at 12:05 PM by lerror.
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7 LONG TITLE
8 General Description:
9 This bill modifies the Traffic Code by amending provisions relating to safety belt
10 restraints.
11 Highlighted Provisions:
12 This bill:
13 ▸ Ĥ→ [
13a enforcement officer may
14 only enforce the safety belt restraint requirement as a secondary action in certain
15 circumstances Ĥ→ to only apply beginning on a specified date ←Ĥ ;
15a Ĥ→ ▸ provides that until a specified date, a peace officer may not issue a citation to an
15b individual for a violation if the person has not previously been warned for a violation but shall
15c issue the individual a warning; ←Ĥ
16 ▸ amends the requirements for the court to waive the fine for a safety belt violation;
17 and
18 ▸ makes technical corrections.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 41-6a-1803, as last amended by Laws of Utah 2008, Chapter 160
26 41-6a-1805, as renumbered and amended by Laws of Utah 2005, Chapter 2
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-1803 is amended to read:
30 41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.
31 (1) (a) The operator of a motor vehicle operated on a highway shall:
32 (i) wear a properly adjusted and fastened safety belt;
33 (ii) provide for the protection of each person younger than eight years of age by using a
34 child restraint device to restrain each person in the manner prescribed by the manufacturer of
35 the device; and
36 (iii) provide for the protection of each person eight years of age up to 16 years of age
37 by securing, or causing to be secured, a properly adjusted and fastened safety belt on each
38 person.
39 (b) Notwithstanding the requirement under Subsection (1)(a)(ii), a child under eight
40 years of age who is 57 inches tall or taller:
41 (i) is exempt from the requirement in Subsection (1)(a)(ii) to be in a child restraint
42 device; and
43 (ii) shall use a properly adjusted and fastened safety belt as required in Subsection
44 (1)(a)(iii).
45 (2) A [
46 motor vehicle operated on a highway shall wear a properly adjusted and fastened safety belt.
47 (3) If more than one person is not using a child restraint device or wearing a safety belt
48 in violation of Subsection (1), it is considered only one offense, and the driver may receive
49 only one citation for that offense.
50 Ĥ→ [
50a 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 the person has been detained for a suspected violation of Title 41, Motor Vehicles, other
53 than Subsection (1)(a)(i) or (2), or for another offense. [
54 Section 2. Section 41-6a-1805 is amended to read:
55 41-6a-1805. Penalty for violation.
56 (1) (a) A person who violates Section 41-6a-1803 is guilty of an infraction and shall be
57 fined a maximum of $45.
57a Ĥ→ (b) Until July 1, 2018, a peace officer may not issue a citation to an individual for a
57b violation of this section if the person has not previously been warned for a violation of this
57c section but shall issue the individual a warning informing the individual that operating or
57d being a passenger in a vehicle without wearing a properly adjusted and fastened safety belt is
57e prohibited.
58 [
58a 41-6a-1803
59 if a person:
60 (i) shows evidence of completion of a [
61 commissioner of the Department of Public Safety that includes education on the benefits of
62 using a safety belt [
63 (ii) if the violation is for an offense under Subsection 41-6a-1803(1)(b), submits proof
64 of acquisition, rental, or purchase of a child restraint device.
65 (2) Points for a motor vehicle reportable violation, as defined under Section 53-3-102,
66 may not be assessed against a person for a violation of Section 41-6a-1803.