Assembly Bill No. 161–Committee on Transportation

 

February 19, 2003

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions relating to use of safety belts in motor vehicles. (BDR 43‑117)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                             Effect on the State: Yes.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to motor vehicles; requiring that a passenger in a motor vehicle who is a child weighing 40 pounds or more be secured with a safety belt if a safety belt is available for the child’s seating position; providing under certain circumstances that a vehicle may be halted and its driver cited for the primary offenses of the driver failing to wear a safety belt and of the driver failing to secure with a safety belt a passenger who is a child weighing 40 pounds or more; providing a civil penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 484.641 is hereby amended to read as follows:

1-2  484.641  1.  It is unlawful to drive a passenger car

1-3  manufactured after:

1-4  (a) January 1, 1968, on a highway unless it is equipped with at

1-5  least two lap-type safety belt assemblies for use in the front seating

1-6  positions.

1-7  (b) January 1, 1970, on a highway, unless it is equipped with a

1-8  lap-type safety belt assembly for each permanent seating position

1-9  for passengers. This requirement does not apply to the rear seats of

1-10  vehicles operated by a police department or sheriff’s office.

2-1  (c) January 1, 1970, unless it is equipped with at least two

2-2  shoulder-harness-type safety belt assemblies for use in the front

2-3  seating positions.

2-4  2.  Any person driving , any adult passenger and any child

2-5  passenger [5 years of age or older] weighing 40 pounds or more

2-6  who rides in the front or back seat of any vehicle described in

2-7  subsection 1, having an unladen weight of less than 6,000 pounds,

2-8  on any highway, road or street in this state shall wear a safety belt if

2-9  one is available for his seating position.

2-10      3.  [A] Except as otherwise provided in subsections 4 and 5, a

2-11  citation must be issued to any driver or to any adult passenger who

2-12  fails to wear a safety belt as required by subsection 2.

2-13      4.  If the passenger is a child [5 years of age or older but under

2-14  18 years,] weighing 40 pounds or more, a citation must be issued to

2-15  the driver for his failure to require that child to wear the safety belt,

2-16  but if both the driver and that child are not wearing safety belts, only

2-17  one citation may be issued to the driver for both violations. [A]

2-18      5.  If the provisions of subsection 2 are violated by the failure

2-19  of:

2-20      (a) A driver who is 18 years of age or older; or

2-21      (b) An adult passenger,

2-22  to wear a safety belt as required by that subsection, a citation may

2-23  be issued pursuant to [this] subsection 3 only if the violation is

2-24  discovered when the vehicle is halted or its driver arrested for

2-25  another alleged violation or offense. A citation must be issued for

2-26  any other violation of the provisions of subsection 2 whenever a

2-27  peace officer discovers the violation, regardless of whether the

2-28  vehicle is halted or its driver arrested for another alleged violation

2-29  or offense.

2-30      6.  Any person who [violates] is cited for a violation of the

2-31  provisions of subsection 2 shall be punished by a fine of not more

2-32  than $25 or by a sentence to perform a certain number of hours of

2-33  community service.

2-34      [4.] 7. A violation of subsection 2:

2-35      (a) Is not a moving traffic violation under NRS 483.473.

2-36      (b) May not be considered as negligence or as causation in any

2-37  civil action or as negligent or reckless driving under NRS 484.377.

2-38      (c) May not be considered as misuse or abuse of a product or as

2-39  causation in any action brought to recover damages for injury to a

2-40  person or property resulting from the manufacture, distribution, sale

2-41  or use of a product.

2-42      [5.] 8. The Department shall exempt those types of motor

2-43  vehicles or seating positions from the requirements of subsection 1

2-44  when compliance would be impractical.

3-1  [6.] 9. The provisions of subsections 2 , [and] 3 and 4 that

3-2  require the use of safety belts do not apply:

3-3  (a) To a driver or passenger who possesses a written statement

3-4  by a physician certifying that he is unable to wear a safety belt for

3-5  medical or physical reasons;

3-6  (b) If the vehicle is not required by federal law to be equipped

3-7  with safety belts;

3-8  (c) To an employee of the United States Postal Service while

3-9  delivering mail in the rural areas of this state;

3-10      (d) If the vehicle is stopping frequently, the speed of that vehicle

3-11  does not exceed 15 miles per hour between stops and the driver or

3-12  passenger is frequently leaving the vehicle or delivering property

3-13  from the vehicle; or

3-14      (e) To a passenger riding in a means of public transportation,

3-15  including a taxi, school bus or emergency vehicle.

3-16      [7.] 10. It is unlawful for any person to distribute, have for sale,

3-17  offer for sale or sell any safety belt or shoulder harness assembly for

3-18  use in a motor vehicle unless it meets current minimum standards

3-19  and specifications of the United States Department of

3-20  Transportation.

3-21      11.  As used in this section, “child” means a person who is

3-22  less than 18 years of age.

 

3-23  H