Bill Text: MI HB4450 | 2009-2010 | 95th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vehicles; equipment; child restraint safety seat; require to be in rear seat if vehicle has rear seat, and remove nursing child exemption. Amends sec. 710d of 1949 PA 300 (MCL 257.710d).

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Passed) 2009-07-14 - Assigned Pa 57'09 With Immediate Effect [HB4450 Detail]

Download: Michigan-2009-HB4450-Engrossed.html

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HB-4450, As Passed Senate, June 25, 2009

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4450

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 710d (MCL 257.710d), as amended by 1999 PA 29.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 710d. (1) Except as provided in this section, or as

 

otherwise provided by law, a rule promulgated pursuant to under the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, or federal regulation, each driver transporting a child

 

less than 4 years of age in a motor vehicle shall properly secure

 

that child in a child restraint system that meets the standards

 

prescribed in 49 C.F.R. CFR 571.213.

 

     (2) This section does not apply to any child being nursed A

 

driver transporting a child as required under subsection (1) shall

 

position the child in the child restraint system in a rear seat, if

 

the vehicle is equipped with a rear seat. If all available rear

 

seats are occupied by children less than 4 years of age, then a

 

child less than 4 years of age may be positioned in the child

 

restraint system in the front seat. A child in a rear-facing child

 

restraint system may be placed in the front seat only if the front

 

passenger air bag is deactivated.

 

     (3) This section does not apply if the motor vehicle being

 

driven is a bus, school bus, taxicab, moped, motorcycle, or other

 

motor vehicle not required to be equipped with safety belts under

 

federal law or regulations.

 

     (4) A person who violates this section is responsible for a

 

civil infraction.

 

     (5) Points shall not be assessed under section 320a for a

 

violation of this section. An abstract required under section 732

 

shall not be submitted to the secretary of state regarding a

 

violation of this section.

 

     (6) The secretary of state may exempt by rules promulgated

 

pursuant to under the administrative procedures act of 1969, 1969

 

PA 306, MCL 24.201 to 24.328, a class of children from the

 

requirements of this section, if the secretary of state determines

 

that the use of the child restraint system required under

 

subsection (1) is impractical because of physical unfitness, a

 

medical problem, or body size. The secretary of state may specify

 

alternate means of protection for children exempted under this

 

subsection.