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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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:

1-2 484.641 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 least

1-4 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-type

1-6 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 a

1-8 police department or sheriff’s office.

1-9 (c) January 1, 1970, on a highway, unless it is equipped with at least

1-10 two shoulder-harness-type safety belt assemblies for use in the front seating

1-11 positions.

1-12 2. Any person driving and any passenger 5 years of age or older who

1-13 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, road

1-15 or street in this state shall wear a safety belt if one is available for his

1-16 seating position.

1-17 3. A citation must be issued to any driver or to any adult passenger

1-18 who fails to wear a safety belt as required by subsection 2. If the passenger

1-19 is a child 5 years of age or older but under 18 years, a citation must be

2-1 issued to the driver for his failure to require that child to wear the safety

2-2 belt, but if both the driver and that child are not wearing safety belts, only

2-3 one citation may be issued to the driver for both violations. A citation may

2-4 be issued pursuant to this subsection only if the violation is discovered

2-5 when the vehicle is halted or its driver arrested for another alleged violation

2-6 or offense. Any person who violates the provisions of subsection 2 shall be

2-7 punished by a fine of not more than $25 or by a sentence to perform a

2-8 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 considered [as negligence or as causation in any civil

2-12 action or as] negligent or reckless driving under NRS 484.377.

2-13 (c) May not be considered as misuse or abuse of a product or as

2-14 causation in any action brought to recover damages for injury to a person or

2-15 property resulting from the manufacture, distribution, sale or use of a

2-16 product.

2-17 5. The department shall exempt those types of motor vehicles or

2-18 seating positions from the requirements of subsection 1 when compliance

2-19 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 a

2-22 physician certifying that he is unable to wear a safety belt for medical or

2-23 physical reasons;

2-24 (b) If the vehicle is not required by federal law to be equipped with

2-25 safety belts;

2-26 (c) To an employee of the United States Postal Service while delivering

2-27 mail in the rural areas of this state;

2-28 (d) If the vehicle is stopping frequently, the speed of that vehicle does

2-29 not exceed 15 miles per hour between stops and the driver or passenger is

2-30 frequently leaving the vehicle or delivering property from the vehicle; or

2-31 (e) To a passenger riding in a means of public transportation, including

2-32 a taxi, school bus or emergency vehicle.

2-33 7. It is unlawful for any person to distribute, have for sale, offer for

2-34 sale or sell any safety belt or shoulder harness assembly for use in a motor

2-35 vehicle unless it meets the current minimum standards and specifications of

2-36 the United States Department of Transportation.

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