February 17, 2004, Introduced by Senators McMANUS, BIRKHOLZ, KUIPERS, ALLEN and GEORGE 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 1999 PA
29.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 710e. (1) This section does not apply to a driver or
2 passenger of any of the following:
3 (a) A motor vehicle manufactured before January 1, 1965.
4 (b) A bus.
5 (c) A motorcycle.
6 (d) A moped.
7 (e) A motor vehicle if the driver or passenger possesses a
8 written verification from a physician that the driver or
9 passenger is unable to wear a safety belt for physical or medical
10 reasons.
1 (f) A motor vehicle that is not required to be equipped with
2 safety belts under federal law.
3 (g) A commercial or United States postal service vehicle that
4 makes frequent stops for the purpose of pickup or delivery of
5 goods or services.
6 (h) A motor vehicle operated by a rural carrier of the United
7 States postal service while serving his or her rural postal
8 route.
9 (2) This section does not apply to a passenger of a school
10 bus.
11 (3) Each Subject
to the exceptions in this subsection, each
12 driver and front seat passenger of a motor vehicle operated on a
13 street or highway in this state shall wear a properly adjusted
14 and fastened safety belt ,
except that a child less than 4 years
15 of age shall be
protected as required in section 710d. except
as
16 follows:
17 (a) A child less than 4 years of age shall be protected as
18 required in section 710d.
19 (b) A child weighing at least 40 pounds but not more than 80
20 pounds or a child that is not more than 4 feet 9 inches in height
21 shall be seated in a manufacturer certified booster seat and
22 secured by a safety belt.
23 (4) If there are more passengers than safety belts available
24 for use, and all safety belts in the motor vehicle are being
25 utilized in compliance with this section, the driver of the motor
26 vehicle is in compliance with this section.
27 (5) (4) Each
driver of a motor vehicle transporting a child
1 4 years of age or more but less than 16 years of age in a motor
2 vehicle shall secure the child in a properly adjusted and
3 fastened safety belt. If the motor vehicle is transporting more
4 children than there are safety belts available for use, all
5 safety belts available in the motor vehicle are being utilized in
6 compliance with this section, and the driver and all front seat
7 passengers comply with
subsection (3), then the driver of a
8 motor vehicle transporting a child 4 years of age or more but
9 less than 16 years of age for which there is not an available
10 safety belt is in compliance with this subsection, if that child
11 is seated in other than the front seat of the motor vehicle.
12 However, if that motor vehicle is a pickup truck without an
13 extended cab or jump seats, and all safety belts in the front
14 seat are being used, the
driver may transport such a the child
15 in the front seat without a safety belt.
16 (6) (5) If
after December 31, 2005 the office of highway
17 safety planning certifies that there has been less than 80%
18 compliance with the safety belt requirements of this section
19 during the preceding
year, then enforcement of this section by
20 state or local law enforcement agencies shall be accomplished
21 only as a secondary action when a driver of a motor vehicle has
22 been detained for a suspected violation of another section of
23 this act.
24 (7) (6) Failure
to wear a safety belt in violation of this
25 section may be considered evidence of negligence and may reduce
26 the recovery for damages arising out of the ownership,
27 maintenance, or operation
of a motor vehicle. However, such
1 that negligence shall not reduce the recovery for damages by more
2 than 5%.
3 (8) (7) A
person who violates this section is responsible
4 for a civil infraction.
5 (9) (8) A
law enforcement agency shall conduct an
6 investigation for all reports of police harassment that result
7 from the enforcement of this section.
8 (10) (9) The
secretary of state shall engage an independent
9 organization to conduct a 3-year study to determine the effect
10 that the primary enforcement of this section has on the number of
11 incidents of police harassment of drivers. The organization that
12 conducts the study shall submit a report to the legislature not
13 later than June 30, 2001 and an annual report not later than June
14 30 each year thereafter.
15 (11) (10) The
secretary of state shall promote compliance
16 with the safety belt requirements of this section at the branch
17 offices and through any print or visual media determined
18 appropriate by the secretary of state.
19 (11) The secretary of state shall conduct a study with
the
20 cooperation and
contribution of the directors of the department
21 of state police, the
department of community health, the state
22 transportation
department, and the insurance bureau to analyze
23 the monetary savings,
if any, arising from the enactment of the
24 amendatory act that
added this subsection. The secretary of
25 state shall report the
findings of the study to all of the
26 following not later
than May 1, 2000:
27 (a) The senate and
house of representatives appropriations
1 committees.
2 (b) The senate and
house of representatives fiscal agencies.
3 (12) It is the intent of the legislature that the enforcement
4 of this section be conducted in a manner calculated to save lives
5 and not in a manner that results in the harassment of the
6 citizens of this state.
7 (13) Points shall not be assessed under section 320a for a
8 violation of this section.