Assembly Bill No. 226–Assemblymen Oceguera, Gibbons, Chowning, Claborn, Andonov, Arberry, Atkinson, Beers, Brown, Carpenter, Christensen, Conklin, Geddes, Goicoechea, Griffin, Hardy, Hettrick, Horne, Koivisto, Mabey, Manendo, McClain, Mortenson, Parks, Pierce and Sherer

 

CHAPTER..........

 

AN ACT relating to safety belts; requiring certain passengers of taxicabs to wear safety belts; requiring signs within taxicabs advising passengers that they must wear safety belts while being transported by the taxicab; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. Chapter 484 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  Any passenger 18 years of age or older who rides in the

front or back seat of any taxicab on any highway, road or street in

this state shall wear a safety belt if one is available for his seating

position, except that this subsection does not apply:

    (a) To a passenger who possesses a written statement by a

physician certifying that he is unable to wear a safety belt for

medical or physical reasons; or

    (b) If the taxicab was not required by federal law at the time of

initial sale to be equipped with safety belts.

    2.  A citation must be issued to any passenger who violates the

provisions of subsection 1. A citation may be issued pursuant to

this subsection only if the violation is discovered when the vehicle

is halted or its driver arrested for another alleged violation or

offense. Any person who violates the provisions of subsection 1

shall be punished by a fine of not more than $25 or by a sentence

to perform a certain number of hours of community service.

    3.  A violation of subsection 1:

    (a) Is not a moving traffic violation under NRS 483.473.

    (b) May not be considered as negligence or as causation in any

civil action or as negligent or reckless driving under NRS 484.377.

    (c) May not be considered as misuse or abuse of a product or

as causation in any action brought to recover damages for injury

to a person or property resulting from the manufacture,

distribution, sale or use of a product.

    4.  An owner or operator of a taxicab shall post a sign within

each of his taxicabs advising passengers that they must wear

safety belts while being transported by the taxicab. Such a sign

must be placed within the taxicab so as to be visible to and easily

readable by passengers, except that this subsection does not apply

if the taxicab was not required by federal law at the time of initial

sale to be equipped with safety belts.

    Sec. 2.  NRS 484.641 is hereby amended to read as follows:

    484.641  1.  It is unlawful to drive a passenger car

manufactured after:

    (a) January 1, 1968, on a highway unless it is equipped with at

least two lap-type safety belt assemblies for use in the front seating

positions.

    (b) January 1, 1970, on a highway, unless it is equipped with a

lap-type safety belt assembly for each permanent seating position

for passengers. This requirement does not apply to the rear seats of

vehicles operated by a police department or sheriff’s office.

    (c) January 1, 1970, unless it is equipped with at least two

shoulder-harness-type safety belt assemblies for use in the front

seating positions.

    2.  Any person driving and any passenger 5 years of age or

older who rides in the front or back seat of any vehicle described in

subsection 1, having an unladen weight of less than 6,000 pounds,

on any highway, road or street in this state shall wear a safety belt if

one is available for his seating position.

    3.  A citation must be issued to any driver or to any adult

passenger who fails to wear a safety belt as required by subsection

2. If the passenger is a child 5 years of age or older but under 18

years, a citation must be issued to the driver for his failure to require

that child to wear the safety belt, but if both the driver and that child

are not wearing safety belts, only one citation may be issued to the

driver for both violations. A citation may be issued pursuant to this

subsection only if the violation is discovered when the vehicle is

halted or its driver arrested for another alleged violation or offense.

Any person who violates the provisions of subsection 2 shall be

punished by a fine of not more than $25 or by a sentence to perform

a certain number of hours of community service.

    4.  A violation of subsection 2:

    (a) Is not a moving traffic violation under NRS 483.473.

    (b) May not be considered as negligence or as causation in any

civil action or as negligent or reckless driving under NRS 484.377.

    (c) May not be considered as misuse or abuse of a product or as

causation in any action brought to recover damages for injury to a

person or property resulting from the manufacture, distribution, sale

or use of a product.

    5.  The Department shall exempt those types of motor vehicles

or seating positions from the requirements of subsection 1 when

compliance would be impractical.

    6.  The provisions of subsections 2 and 3 do not apply:

    (a) To a driver or passenger who possesses a written statement

by a physician certifying that he is unable to wear a safety belt for

medical or physical reasons;

    (b) If the vehicle is not required by federal law to be equipped

with safety belts;

    (c) To an employee of the United States Postal Service while

delivering mail in the rural areas of this state;

    (d) If the vehicle is stopping frequently, the speed of that vehicle

does not exceed 15 miles per hour between stops and the driver or

passenger is frequently leaving the vehicle or delivering property

from the vehicle; or

    (e) [To] Except as otherwise provided in section 1 of this act, to

a passenger riding in a means of public transportation, including a

[taxi,] school bus or emergency vehicle.

    7.  It is unlawful for any person to distribute, have for sale,

offer for sale or sell any safety belt or shoulder harness assembly for

use in a motor vehicle unless it meets current minimum standards

and specifications of the United States Department of

Transportation.

 

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