January 25, 2007, Introduced by Senators McMANUS, GEORGE, GARCIA, ALLEN, BIRKHOLZ, CHERRY, RICHARDVILLE and BRATER 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 an
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
less
than 4 years of age shall be protected as required in section
710d.
except as follows:
(a) A child who is less than 4 years of age shall be protected
as required in section 710d.
(b) A child who is 4 years of age or older but less than 8
years of age and who is less than 4 feet 9 inches in height shall
be properly secured in a child restraint system in accordance with
the child restraint manufacturer's and vehicle manufacturer's
instructions and the standards prescribed in 49 CFR 571.213.
(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 operator of
the motor vehicle is in compliance with this section.
(5) (4)
Each driver Except as
otherwise provided in subsection
(3)(b), each operator of a motor vehicle transporting a child 4
years
of age or more older but less than 16 years of age in a motor
vehicle shall secure the child in a properly adjusted and fastened
safety belt and seated as required under this section. 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
operator and all front seat passengers comply with subsection (3),
then
the driver operator of
a motor vehicle transporting a child 4
8
years of age or more older 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 operator 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 an
operator 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 motor
vehicle operators.
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.
Enacting section 1. This amendatory act takes effect January
1, 2008.