Bill Text: MI HB5559 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Vehicles; equipment; child restraint safety seats; require positioning of car seats to depend on weight of child. Amends sec. 710d of 1949 PA 300 (MCL 257.710d) & repeals sec. 710e of 1949 PA 300 (MCL 257.710e).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-04-14 - Bill Electronically Reproduced 04/13/2016 [HB5559 Detail]
Download: Michigan-2015-HB5559-Introduced.html
HOUSE BILL No. 5559
April 13, 2016, Introduced by Rep. Cox and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 710d (MCL 257.710d), as amended by 2009 PA 57;
and to repeal acts and parts of acts.
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 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 CFR 571.213.
(2) 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. In addition, a child shall
be seated and positioned as follows:
(a) If the child weighs not more than 30 pounds or is less
than 2 years of age, in a rear-facing child seat.
(b) If the child weighs not less than 30 pounds but less than
50 pounds, or is 2 years of age or older but less than 5 years of
age, in a forward-facing child seat.
(c) If the child is not more than 57 inches tall and weighs 50
pounds or more, or is 5 years of age or older but less than 10
years of age, in a booster seat.
(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
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.
(3) Except as otherwise provided in this section, 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.
(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 subsection (3).
(5) Except as otherwise provided in this section, each
operator of a motor vehicle transporting a child less than 16 years
of age in a motor vehicle shall secure the child in a properly
adjusted and fastened safety belt and seat the child as required
under this section.
(6) This section does not apply to an operator or passenger of
a bus, school bus, taxicab, moped, motorcycle, motor vehicle
manufactured before January 1, 1965, or other motor vehicle not
required to be equipped with safety belts under federal law or
regulations, 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, a commercial or United States Postal Service vehicle that
makes frequent stops for the purpose of pickup or delivery of goods
or services, or a motor vehicle operated by a rural carrier of the
United States Postal Service while serving his or her rural postal
route.
(7) The secretary of state may exempt by rules promulgated
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.
(8) A person who violates this section is responsible for a
civil infraction.
(9) 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.
(10) If 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 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.
(11) 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 not
reduce the recovery for damages by more than 5%.
(12) A law enforcement agency shall conduct an investigation
for all reports of police harassment that result from the
enforcement of this section.
(13) The secretary of state shall engage an independent
organization to conduct a 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, 2016 and an annual report not later than
June 30 each year thereafter.
(14) 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.
(15) 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 of the citizens
of this state.
Enacting section 1. Section 710e of the Michigan vehicle code,
1949 PA 300, MCL 257.710e, is repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
