Amendment No. 114

Senate Amendment to Senate Bill No. 154 (BDR 43-412)

Proposed by: Committee on Transportation

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting sections 1 and 2 and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section NRS 484.474 is hereby amended to read as follows:

484.474 1. Except as otherwise provided in subsection 5, any person who is transporting a child who is under 5 years of age [and] or who weighs less than 40 pounds in a motor vehicle operated in this state which is equipped to carry passengers shall secure him in a device for restraining a child which has been approved by the United States Department of Transportation.

2. A person who violates the provisions of subsection 1 shall be punished by a fine of not less than $35 nor more than $100 unless, within 14 days after the issuance of the citation for such a violation, the person presents to the court specified in the citation proof of his purchase of such a restraining device. Upon presentation of such proof, the court shall void the citation.

3. For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.

4. A violation of this section may not be considered:

(a) Negligence or causation in any civil action; or

(b) Negligence or reckless driving for the purposes of NRS 484.377.

5. This section does not apply:

(a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.

(b) When a physician determines that the use of such a restraining device for the particular child would be impractical or dangerous because of such factors as the child’s weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect.".

Amend the title of the bill to read as follows:

"AN ACT relating to motor vehicles; expanding the circumstances under which a child who is being transported in a motor vehicle must be secured by a device for restraining a child; providing that the failure to so secure a child may not be considered causation in a civil action; and providing other matters properly relating thereto.".