May 24, 2016, Introduced by Rep. Cox and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 710d and 710e (MCL 257.710d and 257.710e),
section 710d as amended by 2009 PA 57 and section 710e as amended
by 2008 PA 43.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 710d. (1) Except as provided in this section, or as
otherwise provided by law, a rule promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, or federal regulation, each driver transporting a child
less
than 4 years of age in a motor
vehicle shall properly secure
that child in a child restraint system that meets the standards
prescribed in 49 CFR 571.213.
(2) A driver transporting a child as required under subsection
(1) shall position the child in the child restraint system in a
rear seat, if the vehicle is equipped with a rear seat. If all
available
rear seats are occupied by children, less than 4 years of
age,
then a child less than 4 years
of age may be positioned in the
child restraint system in the front seat. A child in a rear-facing
child restraint system may be placed in the front seat only if the
front passenger air bag is deactivated. In addition, a child shall
be seated and positioned as follows:
(a) If the child weighs not more than 30 pounds or is less
than 2 years of age, in a rear-facing child seat.
(b) If the child weighs not less than 30 pounds but less than
50 pounds, or is 2 years of age or older but less than 5 years of
age, in a forward-facing child seat.
(c) If the child is not more than 57 inches tall and weighs 50
pounds or more, or is 5 years of age or older but less than 8 years
of age, in a booster seat.
(3) This section does not apply if the motor vehicle being
driven is a bus, school bus, taxicab, moped, motorcycle, or other
motor vehicle not required to be equipped with safety belts under
federal law or regulations.
(4) A person who violates this section is responsible for a
civil infraction.
(5) Points shall not be assessed under section 320a for a
violation of this section. An abstract required under section 732
shall not be submitted to the secretary of state regarding a
violation of this section.
(6) The secretary of state may exempt by rules promulgated
under the administrative procedures act of 1969, 1969 PA 306, MCL
24.201 to 24.328, a class of children from the requirements of this
section, if the secretary of state determines that the use of the
child restraint system required under subsection (1) is impractical
because of physical unfitness, a medical problem, or body size. The
secretary of state may specify alternate means of protection for
children exempted under this subsection.
Sec. 710e. (1) This section does not apply to 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 operator or passenger possesses a
written verification from a physician that the 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 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 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 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 as follows:
(a)
A that a child who is less than 4 8 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 operator of the motor
vehicle is in compliance with this section.
(5)
Except as otherwise provided in subsection (3)(b), section
710d, each operator of a motor vehicle transporting a child 4 years
of age or 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
operator and all front seat passengers comply with subsection (3),
the operator of a motor vehicle transporting a child 8 years of age
or 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 operator may transport the child in the front
seat without a safety belt.
(6)
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, enforcement of this section by state or local law
enforcement agencies shall be accomplished only as a secondary
action when an operator of a motor vehicle has been detained for a
suspected violation of another section of this act.
(7) 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, that negligence shall not
reduce the recovery for damages by more than 5%.
(8) A person who violates this section is responsible for a
civil infraction.
(9) A law enforcement agency shall conduct an investigation
for all reports of police harassment that result from the
enforcement of this section.
(10)
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 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.
(10) (11)
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) (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.
Enacting section 1. This amendatory act takes effect 180 days
after the date it is enacted into law.