Bill Text: MI HB4619 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Vehicles; equipment; child restraint safety seats; require positioning to be based on weight of child. Amends sec. 710e of 1949 PA 300 (MCL 257.710e). TIE BAR WITH: HB 4617'19, HB 4618'19
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2019-05-22 - Bill Electronically Reproduced 05/22/2019 [HB4619 Detail]
Download: Michigan-2019-HB4619-Introduced.html
HOUSE BILL No. 4619
May 21, 2019, Introduced by Reps. Jones, Robinson, Brenda Carter, Haadsma, Coleman, Manoogian, Hood, Kennedy and Kuppa and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 710e (MCL 257.710e), as amended by 2016 PA 460.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 710e. (1) This section does not apply to an operator or
passenger of any of the following:
(a) A motor vehicle manufactured before January 1, 1965.
(b) A bus.
(c) A motorcycle.
(d) A moped.
(e) A motor vehicle if the operator or passenger possesses a
written verification from a physician that the operator or
passenger is unable to wear a safety belt for physical or medical
reasons.
(f) A motor vehicle that is not required to be equipped with
safety belts under federal law.
(g) A commercial or United States Postal Service vehicle that
makes frequent stops for the purpose of pickup or delivery of goods
or services.
(h) A motor vehicle operated by a rural carrier of the United
States Postal Service while serving his or her rural postal route.
(2) This section does not apply to a passenger of a school
bus.
(3) Each operator and front seat passenger of a motor vehicle
operated on a street or highway in this state shall wear a properly
adjusted
and fastened safety belt, except as follows:
(a)
A that a child who is less than 4 11 years
of age shall be
protected as required in section 710d.
(b)
A child who is 4 years of age or older but less than 8
years
of age and who is less than 4 feet 9 inches in height shall
be
properly secured in a child restraint system in accordance with
the
child restraint manufacturer's and vehicle manufacturer's
instructions
and the standards prescribed in 49 CFR 571.213.
(4) If there are more passengers than safety belts available
for use, and all safety belts in the motor vehicle are being
utilized in compliance with this section, the operator of the motor
vehicle is in compliance with this section.
(5)
Except as otherwise provided in subsection (3)(b), section
710d,
each operator of a motor vehicle
transporting a child 4 11
years of age or older but less than 16 years of age in a motor
vehicle shall secure the child in a properly adjusted and fastened
safety belt and seated as required under this section. If the motor
vehicle is transporting more children than there are safety belts
available for use, all safety belts available in the motor vehicle
are being utilized in compliance with this section, and the
operator and all front seat passengers comply with subsection (3),
the
operator of a motor vehicle transporting a child 8 11 years
of
age or older but less than 16 years of age for which there is not
an available safety belt is in compliance with this subsection if
that child is seated in other than the front seat of the motor
vehicle. However, if that motor vehicle is a pickup truck without
an extended cab or jump seats, and all safety belts in the front
seat are being used, the operator may transport the child in the
front seat without a safety belt.
(6) The operator of a motor vehicle shall wear a lap belt, but
is not required to wear a shoulder harness, if the operator is
operating the vehicle for the purpose of performing road
construction or maintenance in a work zone.
(7)
If after December 31, 2005 the office of highway safety
planning certifies that there has been less than 80% compliance
with the safety belt requirements of this section during the
preceding year, enforcement of this section by state or local law
enforcement
agencies shall must be accomplished only as a secondary
action when an operator of a motor vehicle has been detained for a
suspected violation of another section of this act.
(8) Failure to wear a safety belt in violation of this section
may be considered evidence of negligence and may reduce the
recovery for damages arising out of the ownership, maintenance, or
operation
of a motor vehicle. However, that negligence shall must
not reduce the recovery for damages by more than 5%.
(9) A person who violates this section is responsible for a
civil infraction.
(10) A law enforcement agency shall conduct an investigation
for
all reports of police harassment inappropriate enforcement that
result from the enforcement of this section.
(11)
The secretary of state shall engage an independent
organization
to conduct a 3-year study to determine the effect that
the
primary enforcement of this section has on the number of
incidents
of police harassment of motor vehicle operators. The
organization
that conducts the study shall submit a report to the
legislature
not later than June 30, 2001 and an annual report not
later
than June 30 each year thereafter.
(11) (12) The secretary of state shall promote compliance
with
the safety belt requirements of this section at the branch offices
and through any print or visual media determined appropriate by the
secretary of state.
(12) (13)
It is the intent of the legislature
that the
enforcement of this section be conducted in a manner calculated to
save
lives and not in a manner that results in the harassment
inappropriate enforcement of this section against the citizens of
this state.
(13) (14)
Points shall must not
be assessed under section 320a
for a violation of this section.
Enacting section 1. This amendatory act takes effect 180 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 100th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4618 (request no.
02193'19).
(b) Senate Bill No.____ or House Bill No. 4617 (request no.
03314'19).
