Bill Text: OH SB302 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To allow the enforcement of child car seat, booster seat, and seat belt requirements as a primary offense and to repeal a provision of law that declares that the failure of an operator of a motor vehicle to secure a child in a car seat, in a booster seat, or with a seatbelt is inadmissible in certain civil and criminal proceedings.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-03-27 - To Transportation [SB302 Detail]

Download: Ohio-2013-SB302-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 302

Senator Schiavoni 

Cosponsor: Senator Lehner 

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A BILL

To amend sections 4511.093, 4511.81, and 4513.263 of

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the Revised Code to allow the enforcement of child

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car seat, booster seat, and seat belt requirements

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as a primary offense and to repeal a provision of

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law that declares that the failure of an operator

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of a motor vehicle to secure a child in a car

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seat, in a booster seat, or with a seatbelt is

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inadmissible in certain civil and criminal

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proceedings.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4511.093, 4511.81, and 4513.263 of	10
the Revised Code be amended to read as follows:	11

Sec. 4511.093. (A)(1) No law enforcement officer who stops	12
the operator of a motor vehicle in the course of an authorized	13
sobriety or other motor vehicle checkpoint operation or a motor	14
vehicle safety inspection shall issue a ticket, citation, or	15
summons for a secondary traffic offense unless in the course of	16
the checkpoint operation or safety inspection the officer first	17
determines that an offense other than a secondary traffic offense	18
has occurred and either places the operator or a vehicle occupant	19
under arrest or issues a ticket, citation, or summons to the	20
operator or a vehicle occupant for an offense other than a	21
secondary offense.	22

(2) A law enforcement agency that operates a motor vehicle	23
checkpoint for an express purpose related to a secondary traffic	24
offense shall not issue a ticket, citation, or summons for any	25
secondary traffic offense at such a checkpoint, but may use such a	26
checkpoint operation to conduct a public awareness campaign and	27
distribute information.	28

(B) As used in this section, "secondary traffic offense"	29
means a violation of division (A) or (F)(2) of section 4507.05,	30
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A)	31
of section 4511.204, division (C) or (D) of section 4511.81,	32
division (A)(3) of section 4513.03, or division (B) of section	33
4513.263 of the Revised Code.	34

Sec. 4511.81.  (A) When any child who is in either or both of	35
the following categories is being transported in a motor vehicle,	36
other than a taxicab or public safety vehicle as defined in	37
section 4511.01 of the Revised Code, that is required by the	38
United States department of transportation to be equipped with	39
seat belts at the time of manufacture or assembly, the operator of	40
the motor vehicle shall have the child properly secured in	41
accordance with the manufacturer's instructions in a child	42
restraint system that meets federal motor vehicle safety	43
standards:	44

(1) A child who is less than four years of age;

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(2) A child who weighs less than forty pounds.

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(B) When any child who is in either or both of the following	47
categories is being transported in a motor vehicle, other than a	48
taxicab, that is owned, leased, or otherwise under the control of	49
a nursery school or day-care center, the operator of the motor	50
vehicle shall have the child properly secured in accordance with	51
the manufacturer's instructions in a child restraint system that	52
meets federal motor vehicle safety standards:	53

(1) A child who is less than four years of age;

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(2) A child who weighs less than forty pounds.

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(C) When any child who is less than eight years of age and	56
less than four feet nine inches in height, who is not required by	57
division (A) or (B) of this section to be secured in a child	58
restraint system, is being transported in a motor vehicle, other	59
than a taxicab or public safety vehicle as defined in section	60
4511.01 of the Revised Code or a vehicle that is regulated under	61
section 5104.015 of the Revised Code, that is required by the	62
United States department of transportation to be equipped with	63
seat belts at the time of manufacture or assembly, the operator of	64
the motor vehicle shall have the child properly secured in	65
accordance with the manufacturer's instructions on a booster seat	66
that meets federal motor vehicle safety standards.	67

(D) When any child who is at least eight years of age but not	68
older than fifteen years of age, and who is not otherwise required	69
by division (A), (B), or (C) of this section to be secured in a	70
child restraint system or booster seat, is being transported in a	71
motor vehicle, other than a taxicab or public safety vehicle as	72
defined in section 4511.01 of the Revised Code, that is required	73
by the United States department of transportation to be equipped	74
with seat belts at the time of manufacture or assembly, the	75
operator of the motor vehicle shall have the child properly	76
restrained either in accordance with the manufacturer's	77
instructions in a child restraint system that meets federal motor	78
vehicle safety standards or in an occupant restraining device as	79
defined in section 4513.263 of the Revised Code.	80

(E) Notwithstanding any provision of law to the contrary, no	81
law enforcement officer shall cause an operator of a motor vehicle	82
being operated on any street or highway to stop the motor vehicle	83
for the sole purpose of determining whether a violation of	84
division (C) or (D) of this section has been or is being committed	85
or for the sole purpose of issuing a ticket, citation, or summons	86
for a violation of division (C) or (D) of this section or causing	87
the arrest of or commencing a prosecution of a person for a	88
violation of division (C) or (D) of this section, and absent	89
another violation of law, a law enforcement officer's view of the	90
interior or visual inspection of a motor vehicle being operated on	91
any street or highway may not be used for the purpose of	92
determining whether a violation of division (C) or (D) of this	93
section has been or is being committed.	94

(F) The director of public safety shall adopt such rules as	95
are necessary to carry out this section.	96

(G) The failure of an operator of a motor vehicle to secure a	97
child in a child restraint system, a booster seat, or an occupant	98
restraining device as required by this section is not negligence	99
imputable to the child, is not admissible as evidence in any civil	100
action involving the rights of the child against any other person	101
allegedly liable for injuries to the child, is not to be used as a	102
basis for a criminal prosecution of the operator of the motor	103
vehicle other than a prosecution for a violation of this section,	104
and is not admissible as evidence in any criminal action involving	105
the operator of the motor vehicle other than a prosecution for a	106
violation of this section.	107

(H)(F) This section does not apply when an emergency exists	108
that threatens the life of any person operating or occupying a	109
motor vehicle that is being used to transport a child who	110
otherwise would be required to be restrained under this section.	111
This section does not apply to a person operating a motor vehicle	112
who has an affidavit signed by a physician licensed to practice in	113
this state under Chapter 4731. of the Revised Code or a	114
chiropractor licensed to practice in this state under Chapter	115
4734. of the Revised Code that states that the child who otherwise	116
would be required to be restrained under this section has a	117
physical impairment that makes use of a child restraint system,	118
booster seat, or an occupant restraining device impossible or	119
impractical, provided that the person operating the vehicle has	120
safely and appropriately restrained the child in accordance with	121
any recommendations of the physician or chiropractor as noted on	122
the affidavit.	123

(I)(G) There is hereby created in the state treasury the	124
child highway safety fund, consisting of fines imposed pursuant to	125
division (K)(J)(1) of this section for violations of divisions	126
(A), (B), (C), and (D) of this section. The money in the fund	127
shall be used by the department of health only to defray the cost	128
of designating hospitals as pediatric trauma centers under section	129
3727.081 of the Revised Code and to establish and administer a	130
child highway safety program. The purpose of the program shall be	131
to educate the public about child restraint systems and booster	132
seats and the importance of their proper use. The program also	133
shall include a process for providing child restraint systems and	134
booster seats to persons who meet the eligibility criteria	135
established by the department, and a toll-free telephone number	136
the public may utilize to obtain information about child restraint	137
systems and booster seats, and their proper use.	138

(J)(H) The director of health, in accordance with Chapter	139
119. of the Revised Code, shall adopt any rules necessary to carry	140
out this section, including rules establishing the criteria a	141
person must meet in order to receive a child restraint system or	142
booster seat under the department's child highway safety program;	143
provided that rules relating to the verification of pediatric	144
trauma centers shall not be adopted under this section.	145

(K)(I) Nothing in this section shall be construed to require	146
any person to carry with the person the birth certificate of a	147
child to prove the age of the child, but the production of a valid	148
birth certificate for a child showing that the child was not of an	149
age to which this section applies is a defense against any ticket,	150
citation, or summons issued for violating this section.	151

(L)(J)(1) Whoever violates division (A), (B), (C), or (D) of	152
this section shall be punished as follows, provided that the	153
failure of an operator of a motor vehicle to secure more than one	154
child in a child restraint system, booster seat, or occupant	155
restraining device as required by this section that occurred at	156
the same time, on the same day, and at the same location is deemed	157
to be a single violation of this section:	158

(a) Except as otherwise provided in division (L)(J)(1)(b) of	159
this section, the offender is guilty of a minor misdemeanor and	160
shall be fined not less than twenty-five dollars nor more than	161
seventy-five dollars.	162

(b) If the offender previously has been convicted of or	163
pleaded guilty to a violation of division (A), (B), (C), or (D) of	164
this section or of a municipal ordinance that is substantially	165
similar to any of those divisions, the offender is guilty of a	166
misdemeanor of the fourth degree.	167

(2) All fines imposed pursuant to division (L)(J)(1) of this	168
section shall be forwarded to the treasurer of state for deposit	169
in the child highway safety fund created by division (I)(G) of	170
this section.	171

Sec. 4513.263.  (A) As used in this section and in section	172
4513.99 of the Revised Code:	173

(1) "Automobile" means any commercial tractor, passenger car,	174
commercial car, or truck that is required to be factory-equipped	175
with an occupant restraining device for the operator or any	176
passenger by regulations adopted by the United States secretary of	177
transportation pursuant to the "National Traffic and Motor Vehicle	178
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	179

(2) "Occupant restraining device" means a seat safety belt,	180
shoulder belt, harness, or other safety device for restraining a	181
person who is an operator of or passenger in an automobile and	182
that satisfies the minimum federal vehicle safety standards	183
established by the United States department of transportation.	184

(3) "Passenger" means any person in an automobile, other than	185
its operator, who is occupying a seating position for which an	186
occupant restraining device is provided.	187

(4) "Commercial tractor," "passenger car," and "commercial	188
car" have the same meanings as in section 4501.01 of the Revised	189
Code.	190

(5) "Vehicle" and "motor vehicle," as used in the definitions	191
of the terms set forth in division (A)(4) of this section, have	192
the same meanings as in section 4511.01 of the Revised Code.	193

(6) "Tort action" means a civil action for damages for	194
injury, death, or loss to person or property. "Tort action"	195
includes a product liability claim, as defined in section 2307.71	196
of the Revised Code, and an asbestos claim, as defined in section	197
2307.91 of the Revised Code, but does not include a civil action	198
for damages for breach of contract or another agreement between	199
persons.	200

(B) No person shall do any of the following:

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(1) Operate an automobile on any street or highway unless	202
that person is wearing all of the available elements of a properly	203
adjusted occupant restraining device, or operate a school bus that	204
has an occupant restraining device installed for use in its	205
operator's seat unless that person is wearing all of the available	206
elements of the device, as properly adjusted;	207

(2) Operate an automobile on any street or highway unless	208
each passenger in the automobile who is subject to the requirement	209
set forth in division (B)(3) of this section is wearing all of the	210
available elements of a properly adjusted occupant restraining	211
device;	212

(3) Occupy, as a passenger, a seating position on the front	213
seat of an automobile being operated on any street or highway	214
unless that person is wearing all of the available elements of a	215
properly adjusted occupant restraining device;	216

(4) Operate a taxicab on any street or highway unless all	217
factory-equipped occupant restraining devices in the taxicab are	218
maintained in usable form.	219

(C) Division (B)(3) of this section does not apply to a	220
person who is required by section 4511.81 of the Revised Code to	221
be secured in a child restraint device or booster seat. Division	222
(B)(1) of this section does not apply to a person who is an	223
employee of the United States postal service or of a newspaper	224
home delivery service, during any period in which the person is	225
engaged in the operation of an automobile to deliver mail or	226
newspapers to addressees. Divisions (B)(1) and (3) of this section	227
do not apply to a person who has an affidavit signed by a	228
physician licensed to practice in this state under Chapter 4731.	229
of the Revised Code or a chiropractor licensed to practice in this	230
state under Chapter 4734. of the Revised Code that states that the	231
person has a physical impairment that makes use of an occupant	232
restraining device impossible or impractical.	233

(D) Notwithstanding(1) Except as provided in division (D)(2)	234
of this section and notwithstanding any provision of law to the	235
contrary, no law enforcement officer shall cause an operator of an	236
automobile being operated on any street or highway to stop the	237
automobile for the sole purpose of determining whether a violation	238
of division (B) of this section has been or is being committed or	239
for the sole purpose of issuing a ticket, citation, or summons for	240
a violation of that nature or causing the arrest of or commencing	241
a prosecution of a person for a violation of that nature, and no	242
law enforcement officer shall view the interior or visually	243
inspect any automobile being operated on any street or highway for	244
the sole purpose of determining whether a violation of that nature	245
has been or is being committed.	246

(2) Division (D)(1) of this section does not apply to a law	247
enforcement officer who is enforcing section 4511.81 of the	248
Revised Code.	249

(E) All fines collected for violations of division (B) of	250
this section, or for violations of any ordinance or resolution of	251
a political subdivision that is substantively comparable to that	252
division, shall be forwarded to the treasurer of state for deposit	253
into the state treasury to the credit of the trauma and emergency	254
medical services fund, which is hereby created. In addition, sixty	255
cents of each fee collected under sections 4501.34, 4503.26,	256
4505.14, 4506.08, 4509.05, and 4519.63 of the Revised Code as	257
specified in those sections, plus the portion of the driver's	258
license reinstatement fee described in division (F)(2)(g) of	259
section 4511.191 of the Revised Code, plus all fees collected	260
under section 4765.11 of the Revised Code, plus all fines imposed	261
under section 4765.55 of the Revised Code, plus the fees and other	262
moneys specified in section 4766.05 of the Revised Code, and plus	263
five per cent of fines and moneys arising from bail forfeitures as	264
directed by section 5503.04 of the Revised Code, also shall be	265
deposited into the trauma and emergency medical services fund. All	266
money deposited into the trauma and emergency medical services	267
fund shall be used by the department of public safety for the	268
administration and operation of the division of emergency medical	269
services and the state board of emergency medical, fire, and	270
transportation services, and by the state board of emergency	271
medical, fire, and transportation services to make grants, in	272
accordance with section 4765.07 of the Revised Code and rules the	273
board adopts under section 4765.11 of the Revised Code. The	274
director of budget and management may transfer excess money from	275
the trauma and emergency medical services fund to the state	276
highway safety fund if the director of public safety determines	277
that the amount of money in the trauma and emergency medical	278
services fund exceeds the amount required to cover such costs	279
incurred by the emergency medical services agency and the grants	280
made by the state board of emergency medical, fire, and	281
transportation services and requests the director of budget and	282
management to make the transfer.	283

(F)(1) Subject to division (F)(2) of this section, the	284
failure of a person to wear all of the available elements of a	285
properly adjusted occupant restraining device in violation of	286
division (B)(1) or (3) of this section or the failure of a person	287
to ensure that each minor who is a passenger of an automobile	288
being operated by that person is wearing all of the available	289
elements of a properly adjusted occupant restraining device in	290
violation of division (B)(2) of this section shall not be	291
considered or used by the trier of fact in a tort action as	292
evidence of negligence or contributory negligence. But, the trier	293
of fact may determine based on evidence admitted consistent with	294
the Ohio Rules of Evidence that the failure contributed to the	295
harm alleged in the tort action and may diminish a recovery of	296
compensatory damages that represents noneconomic loss, as defined	297
in section 2307.011 of the Revised Code, in a tort action that	298
could have been recovered but for the plaintiff's failure to wear	299
all of the available elements of a properly adjusted occupant	300
restraining device. Evidence of that failure shall not be used as	301
a basis for a criminal prosecution of the person other than a	302
prosecution for a violation of this section; and shall not be	303
admissible as evidence in a criminal action involving the person	304
other than a prosecution for a violation of this section.	305

(2) If, at the time of an accident involving a passenger car	306
equipped with occupant restraining devices, any occupant of the	307
passenger car who sustained injury or death was not wearing an	308
available occupant restraining device, was not wearing all of the	309
available elements of such a device, or was not wearing such a	310
device as properly adjusted, then, consistent with the Rules of	311
Evidence, the fact that the occupant was not wearing the available	312
occupant restraining device, was not wearing all of the available	313
elements of such a device, or was not wearing such a device as	314
properly adjusted is admissible in evidence in relation to any	315
claim for relief in a tort action to the extent that the claim for	316
relief satisfies all of the following:	317

(a) It seeks to recover damages for injury or death to the	318
occupant.	319

(b) The defendant in question is the manufacturer, designer,	320
distributor, or seller of the passenger car.	321

(c) The claim for relief against the defendant in question is	322
that the injury or death sustained by the occupant was enhanced or	323
aggravated by some design defect in the passenger car or that the	324
passenger car was not crashworthy.	325

(G)(1) Whoever violates division (B)(1) of this section shall	326
be fined thirty dollars.	327

(2) Whoever violates division (B)(3) of this section shall be	328
fined twenty dollars.	329

(3) Except as otherwise provided in this division, whoever	330
violates division (B)(4) of this section is guilty of a minor	331
misdemeanor. If the offender previously has been convicted of or	332
pleaded guilty to a violation of division (B)(4) of this section,	333
whoever violates division (B)(4) of this section is guilty of a	334
misdemeanor of the third degree.	335

Section 2. That existing sections 4511.093, 4511.81, and	336
4513.263 of the Revised Code are hereby repealed.	337