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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 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; and
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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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 (i) wear a properly adjusted and fastened safety belt;
30 (ii) provide for the protection of each person younger than eight years of age by using a
31 child restraint device to restrain each person in the manner prescribed by the manufacturer of
32 the device; and
33 (iii) provide for the protection of each person eight years of age up to 16 years of age
34 by securing, or causing to be secured, a properly adjusted and fastened safety belt on each
35 person.
36 (b) Notwithstanding the requirement under Subsection (1)(a)(ii), a child under eight
37 years of age who is 57 inches tall or taller:
38 (i) is exempt from the requirement in Subsection (1)(a)(ii) to be in a child restraint
39 device; and
40 (ii) shall use a properly adjusted and fastened safety belt as required in Subsection
41 (1)(a)(iii).
42 (2) A passenger who is 16 years of age or older of a motor vehicle operated on a
43 highway shall wear a properly adjusted and fastened safety belt.
44 (3) If more than one person is not using a child restraint device or wearing a safety belt
45 in violation of Subsection (1), it is only one offense and the driver may receive only one
46 citation.
47 (4) (a) Except as provided in Subsection (4)(b), a state or local law enforcement officer
48 shall enforce a violation of this section as a primary offense.
49 [
50 enforcement by a state or local law enforcement officer shall be only as a secondary action
51 [
52 (i) has been detained for a suspected violation of Title 41, Motor Vehicles, other than
53 Subsection (1)(a)(i) or (2), or for another offense[
54 (ii) was operating the motor vehicle or was a passenger in a motor vehicle being
55 operated on a highway with a posted speed limit of less than 55 miles per hour.
Legislative Review Note
as of 1-21-15 7:30 PM
Office of Legislative Research and General Counsel