Representative Lee B. Perry proposes the following substitute bill:


1     
SAFETY BELT LAW AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lee B. Perry

5     
Senate Sponsor: Curtis S. Bramble

6     

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          ▸     repeals the provision that provides that a state or local law enforcement officer may
14     only enforce the safety belt restraint requirement as a secondary action in certain
15     circumstances;
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
27     

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 [passenger who is] person 16 years of age or older [of] who is a passenger in 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          [(4) 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 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.
58          (b) The court shall waive all [but $15] of the fine for a violation of Section 41-6a-1803
59     if a person:
60          (i) shows evidence of completion of a [two-hour] 30 minute course approved by the
61     commissioner of the Department of Public Safety that includes education on the benefits of
62     using a safety belt [and] or child restraint device; and
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.