February 10, 2005, Introduced by Senators McMANUS, KUIPERS, BIRKHOLZ, GEORGE, LELAND, HAMMERSTROM, GARCIA, ALLEN and GOSCHKA 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 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 or passenger possesses a
written verification from a physician that the driver 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 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 less than
4
years of age shall be protected as required in section 710d.
except as follows:
(a) A child less than 4 years of age shall be protected as
required in section 710d.
(b) Except as provided in subdivision (a), a child less than 8
years of age or not more than 4 feet 9 inches in height shall be
seated in a booster seat certified by the manufacturer to comply
with federal law and secured by a 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 driver of the motor
vehicle is in compliance with this section.
(5) (4)
Each driver of a motor vehicle
transporting a child
4 years of age or more but less than 16 years of age in a motor
vehicle shall secure the child in a properly adjusted and fastened
safety belt. If the motor vehicle is transporting more children
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 and all front seat passengers
comply
with subsection (3), then the driver of a motor vehicle
transporting a child 4 years of age or more but less than 16 years
of age for which there is not an available safety belt is in
compliance
with this subsection , if that child 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
may transport such a the child in the front seat without a
safety belt.
(6) (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 of a motor vehicle has been detained
for a suspected violation of another section of this act.
(7) (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 that negligence shall
not reduce the recovery for damages by more than 5%.
(8) (7)
A person who violates this section
is responsible
for a civil infraction.
(9) (8)
A law enforcement agency shall
conduct an
investigation for all reports of police harassment that result from
the enforcement of this section.
(10) (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.
(11) (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.
(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.
(13) Points shall not be assessed under section 320a for a
violation of this section.