2002 -- S 2789

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LC01769

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO SEAT BELTS

     Introduced By: Senators DaPonte, and Damiani

     Date Introduced: February 07, 2002

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-22-22 of the General Laws in Chapter 31-22 entitled

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"Miscellaneous Rules" is hereby amended to read as follows:

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     31-22-22. Safety belt use -- Child restraint. -- (a) (1) Any person transporting a child

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under the age of seven (7), less than fifty-four (54) inches in height and less than eighty (80)

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pounds in a motor vehicle operated on the roadways, streets, or highways of this state, shall

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transport the child in the back seat of the motor vehicle properly restrained in a child restraint

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system approved by the United States department of transportation under Federal Standard 213,

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or if the child is under seven (7) years old but at least fifty-four (54) inches in height, or at least

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eighty (80) pounds the child shall be properly wearing a safety belt and/or shoulder harness

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approved by the department of transportation pursuant to federal standard 208 in the back seat of

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the motor vehicle. This subsection is inapplicable if:

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      (i) The vehicle is not equipped with a back seat; or

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      (ii) All back seating positions are being utilized by other children.

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      (2) In no event shall failure to wear a child restraint system or safety belt be considered

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as contributory or comparative negligence, nor shall the failure to wear a child restraint system,

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seat belt, and/or shoulder harness be admissible as evidence in the trial of any civil action.

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      (b) Any person violating subsection (a) of this section shall be issued a citation. If the

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cited person presents proof of purchase of a child restraint system approved under Federal

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Standard 213 to the police department that issued the citation within seven (7) days of issuance,

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the department shall void the violation. If the person fails to present the proof of purchase, that

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person shall be required to appear for a hearing before the traffic tribunal and shall be fined fifty

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dollars ($50) for each offense. The conviction shall not be recorded on that person's driving

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record within the rules and regulations governing chapter 41.1 of this title.

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      (c) Notwithstanding the provisions of subsections (a) and (b) of this section any person

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transporting a child properly restrained in a federally approved child restraint system under

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federal standard 213, but transporting the child in a place other than the backseat, in violation of

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subsection (a), shall be subject only to the fine contained in subsection (b).

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      (d) All fines collected for violations of this section are payable to the state. Fifty percent

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(50%) of the proceeds shall be shared with the municipality whose law enforcement department

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issued the citation for the violations.

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      (e) (1) Any operator of a motor vehicle transporting a person thirteen (13) years of age

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and older in the front or back seat of a motor vehicle operated on the roadways, streets, or

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highways of this state shall ensure that the passenger is properly wearing a safety belt and/or

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shoulder harness system, as defined by Federal Standard 208.

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      (2) This subsection applies only to those motor vehicles required by federal law to have

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safety belts.

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      (f) (1) Any person operating a motor vehicle shall properly wear a safety belt and/or

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shoulder harness system, as defined by Federal Standard 208, while the vehicle is in operation on

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any of the roadways, streets, or highways of the state.

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      (2) This subsection applies only to those motor vehicles required by federal law to have

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safety belts.

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      (g) In no event shall failure to wear a child restraint system or safety belt be considered

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as negligence, nor the failure to wear the child restraint system or safety belt be admissible as

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evidence in the trial of any civil action.

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      (h) Subsections (e), (f), and ( l ) of this section do not apply to a driver or passenger of:

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      (1) A passenger motor vehicle manufactured before July 1, 1966;

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      (2) A passenger motor vehicle in which the driver or passenger possesses a written

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verification from a licensed physician that the driver or passenger is unable to wear a safety seat

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belt system for physical or medical reasons. A verification's validity will be for no more than

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twelve (12) months, at which time a new verification may be issued;

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      (3) A passenger motor vehicle which is not required to be equipped with a safety seat

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belt system under federal laws; or

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      (4) A passenger motor vehicle operated by a letter carrier of the United States postal

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service while performing the duties of a letter carrier.

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      (i) A program of public information and education designed to educate the motoring

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public to the benefits of wearing safety belt systems shall be developed and maintained by the

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Rhode Island department of transportation's governor's office on highway safety. The Rhode

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Island department of transportation's office on highway safety, in cooperation with the Rhode

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Island department of health, shall study the effectiveness of the implementation of this section

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and shall submit to the general assembly a report containing its findings by July 1, 1999.

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      (j) Violations of subsections (e) and (f) of this section shall be considered secondary

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offenses and no motor vehicle may be stopped by any state or municipal law enforcement agency

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for failure of an operator or passenger to wear a safety belt system or for any violation of

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subsection (e) or (f) of this section. A motor vehicle may be stopped for failure to comply with

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the child restraint system as described in subsections (a), (b), and ( l ) of this section.

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      (k) Any person violating subsection (a) of this section prior to January 1, 2002 during the

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period from July 1, 2002 to December 31, 2002 shall be issued a verbal warning of violation only.

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Any person violating subsection (a) of this section after December 31, 2001 2002 shall be fined

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fifty dollars ($50.00) but the conviction shall not be recorded on the person's driving record

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within the rules and regulations governing chapter 41.1 of this title.

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      ( l ) (1) Any operator of a motor vehicle transporting a child between the ages of seven

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(7) through twelve (12) in the front or back seat of a motor vehicle operated on the roadways,

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streets, or highways of the state shall ensure that the passenger is properly wearing a safety belt

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and/or shoulder harness system, as defined by Federal Standard 208.

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      (2) This subsection applies only to those motor vehicles required by federal law to have

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safety belts.

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     (m) A police officer may not search or inspect a motor vehicle, its contents, the driver or

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a passenger solely because of a violation of this section.

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     SECTION 2. This act shall take effect upon passage.

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LC01769

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO SEAT BELTS

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     This act would prohibit police officers from searching drivers, passengers or the motor

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vehicle of those stopped for seat belt violations.

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     This act would take effect upon passage.

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LC01769

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