HOUSE BILL No. 5579

January 24, 2006, Introduced by Reps. Angerer, Gleason, Clemente, Mayes, Leland, Virgil Smith, Donigan, Tobocman, Plakas, Kathleen Law and Lemmons, III 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:

 

     Sec. 710e. (1) This section does not apply to  a driver  the

 

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  driver  operator or passenger

 

possesses a written verification from a physician that the  driver  

 

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  driver  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 that  a child  

 

an individual less than 4 years of age shall be protected as

 

required in section 710d. 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  driver  

 

operator of the motor vehicle is in compliance with this section.

 

     (4) Each  driver  operator of a motor vehicle transporting  a

 

child  an individual 4 years of age or  more  older but less than

 

16  18 years of age in a motor vehicle shall secure the  child  

 

individual in a properly adjusted and fastened safety belt. If the

 

motor vehicle is transporting more  children  individuals 4 years

 

of age or older but less than 18 years of age 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

 

driver  operator and all front seat passengers comply with

 


subsection (3), then the  driver  operator of a motor vehicle

 

transporting  a child  an individual 4 years of age or  more  older

 

but less than  16  18 years of age for which there is not an

 

available safety belt is in compliance with this subsection, if

 

that  child  individual 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  driver  operator may transport  

 

such a child  the individual in the front seat without a safety

 

belt.

 

     (5) 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, then enforcement of this section by state or local

 

law enforcement agencies shall be accomplished only as a secondary

 

action when  a driver  the operator of  a  the motor vehicle has

 

been detained for a suspected violation of another section of this

 

act.

 

     (6) 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, such negligence shall not

 

reduce the recovery for damages by more than 5%.

 

     (7)  A person  An individual who violates this section is

 

responsible for a civil infraction.

 

     (8) A law enforcement agency shall conduct an investigation

 

for all reports of police harassment that result from the

 


enforcement of this section.

 

     (9) 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 drivers. 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.

 

     (10) 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.

 

     (11) The secretary of state shall conduct a study with the

 

cooperation and contribution of the directors of the department of

 

state police, the department of community health, the state

 

transportation department, and the insurance bureau to analyze the

 

monetary savings, if any, arising from the enactment of the

 

amendatory act that added this subsection. The secretary of state

 

shall report the findings of the study to all of the following not

 

later than May 1, 2000:

 

     (a) The senate and house of representatives appropriations

 

committees.

 

     (b) The senate and house of representatives fiscal agencies.

 

     (11)  (12)  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.

 


     (12)  (13)  Points shall not be assessed under section 320a

 

for a violation of this section.