Senate Bill No. 151–Committee on Transportation
February 10, 1999
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Referred to Committee on Transportation
SUMMARY—Removes provision that prohibits failure to wear safety belt from being
considered as negligence or causation in civil action. (BDR 43-340)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
AN ACT relating to motor vehicles; removing provision that prohibits failure to wear a safety
belt from being considered as negligence or causation in a civil action; and
providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 484.641 is hereby amended to read as follows: 484.641 1. It is unlawful to drive a passenger car manufactured after:1-3
(a) January 1, 1968, on a highway , unless it is equipped with at least1-4
two lap-type safety belt assemblies for use in the front seating positions.1-5
(b) January 1, 1970, on a highway, unless it is equipped with a lap-type1-6
safety belt assembly for each permanent seating position for passengers.1-7
This requirement does not apply to the rear seats of vehicles operated by a1-8
police department or sheriff’s office.1-9
(c) January 1, 1970, on a highway, unless it is equipped with at least1-10
two shoulder-harness-type safety belt assemblies for use in the front seating1-11
positions.1-12
2. Any person driving and any passenger 5 years of age or older who1-13
rides in the front or back seat of any vehicle described in subsection 1,1-14
having an unladen weight of less than 6,000 pounds, on any highway, road1-15
or street in this state shall wear a safety belt if one is available for his1-16
seating position.1-17
3. A citation must be issued to any driver or to any adult passenger1-18
who fails to wear a safety belt as required by subsection 2. If the passenger1-19
is a child 5 years of age or older but under 18 years, a citation must be2-1
issued to the driver for his failure to require that child to wear the safety2-2
belt, but if both the driver and that child are not wearing safety belts, only2-3
one citation may be issued to the driver for both violations. A citation may2-4
be issued pursuant to this subsection only if the violation is discovered2-5
when the vehicle is halted or its driver arrested for another alleged violation2-6
or offense. Any person who violates the provisions of subsection 2 shall be2-7
punished by a fine of not more than $25 or by a sentence to perform a2-8
certain number of hours of work for the community.2-9
4. A violation of subsection 2:2-10
(a) Is not a moving traffic violation under NRS 483.473.2-11
(b) May not be considered2-12
2-13
(c) May not be considered as misuse or abuse of a product or as2-14
causation in any action brought to recover damages for injury to a person or2-15
property resulting from the manufacture, distribution, sale or use of a2-16
product.2-17
5. The department shall exempt those types of motor vehicles or2-18
seating positions from the requirements of subsection 1 when compliance2-19
would be impractical.2-20
6. The provisions of subsections 2 and 3 do not apply:2-21
(a) To a driver or passenger who possesses a written statement by a2-22
physician certifying that he is unable to wear a safety belt for medical or2-23
physical reasons;2-24
(b) If the vehicle is not required by federal law to be equipped with2-25
safety belts;2-26
(c) To an employee of the United States Postal Service while delivering2-27
mail in the rural areas of this state;2-28
(d) If the vehicle is stopping frequently, the speed of that vehicle does2-29
not exceed 15 miles per hour between stops and the driver or passenger is2-30
frequently leaving the vehicle or delivering property from the vehicle; or2-31
(e) To a passenger riding in a means of public transportation, including2-32
a taxi, school bus or emergency vehicle.2-33
7. It is unlawful for any person to distribute, have for sale, offer for2-34
sale or sell any safety belt or shoulder harness assembly for use in a motor2-35
vehicle unless it meets the current minimum standards and specifications of2-36
the United States Department of Transportation.~