STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 420	By:	Paddack

AS INTRODUCED

An Act relating to public safety; amending 47 O.S. 2001, Section 12-417, as last amended by Section 10, Chapter 190, O.S.L. 2005 (47 O.S. Supp. 2008, Section 12-417), which relates to safety belts; modifying penalty for certain offense; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     47 O.S. 2001, Section 12-417, as last amended by Section 10, Chapter 190, O.S.L. 2005 (47 O.S. Supp. 2008, Section 12-417), is amended to read as follows:
Section 12-417.  A.  1.  Every operator and front seat passenger of a passenger car operated in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 C.F.R., Section 571.208.
2.  For the purposes of this section, "passenger car" shall mean "vehicle" as defined in Section 1102 of this title.  "Passenger car" shall include the passenger compartment of pickups, vans, minivans, and sport utility vehicles.  "Passenger car" shall not include trucks, truck-tractors, recreational vehicles, motorcycles, or motorized bicycles.  "Passenger car" shall not include a vehicle used primarily for farm use which is registered and licensed pursuant to the provisions of Section 1134 of this title.
B.  The Commissioner of Public Safety, upon application from a person who, for medical reasons, is unable to wear a safety seat belt system supported by written attestation of such fact from a physician licensed pursuant to Section 495 of Title 59 of the Oklahoma Statutes, may issue to the person an exemption from the provisions of this section.  The exemption shall be in the form of a restriction appearing on the driver license of the person and shall remain in effect until the expiration date of the driver license.  Nothing in this subsection shall be construed to prevent the person from applying for another exemption as provided for in this section.  The issuance of an attestation by a physician and the subsequent issuance of an exemption by the Commissioner, in good faith, shall not give rise to, nor shall the physician and the state thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of failure of the person to wear a safety seat belt system.
C.  This section shall not apply to an operator of a motor vehicle while performing official duties as a route carrier of the U.S. Postal Service.
D.  The Department of Public Safety shall not record or assess points for violations of this section on any license holder's traffic record maintained by the Department.
E.  Fine and court costs for violating the provisions of this section shall not exceed Twenty Dollars ($20.00) Thirty Dollars ($30.00).
F.  Municipalities may enact and municipal police officers may enforce ordinances prohibiting and penalizing conduct under provisions of this section, but the provisions of those ordinances shall be the same as provided for in this section, and the enforcement provisions under those ordinances shall not be more stringent than those of this section.
SECTION 2.  This act shall become effective November 1, 2009.
52-1-711	MRB	1/7/2009 10:02:19 AM