Senate Bill No. 154–Committee on Transportation

(On Behalf of Department of Motor Vehicles and Public Safety)

February 10, 1999

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Referred to Committee on Transportation

 

SUMMARY—Revises provisions governing use of devices for restraining certain children being transported in motor vehicles in this state. (BDR 43-412)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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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; revising the provisions governing the use of devices for restraining certain children being transported in motor vehicles in this state; making a fine mandatory for a violation of such provisions; including a violation of such provisions within the demerit system established by the department of motor vehicles and public safety; 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 484.474 is hereby amended to read as follows:

1-2 484.474 1. Except as otherwise provided in subsection [5,] 3, any

1-3 person who is transporting a child who is under 5 years of age [and who

1-4 weighs less than 40 pounds] in a motor vehicle operated in this state which

1-5 is equipped to carry passengers shall [secure him] :

1-6 (a) Place the child in a device for restraining a child which [has been

1-7 approved by the United States Department of Transportation.] meets the

1-8 federal standard for such a device set forth in 49 C.F.R. § 571.213, as

1-9 that section existed on January 1, 1999; and

1-10 (b) Ensure that the device is adjusted properly and fastened securely.

1-11 2. A person who violates the provisions of subsection 1 shall be

1-12 punished by a fine of not less than $35 nor more than $100 . [unless, within

1-13 14 days after the issuance of the citation for such a violation, the person

2-1 presents to the court specified in the citation proof of his purchase of such a

2-2 restraining device. Upon presentation of such proof, the court shall void the

2-3 citation.

2-4 3. For the purposes of NRS 483.473, a violation of this section is not a

2-5 moving traffic violation.

2-6 4. A violation of this section may not be considered:

2-7 (a) Negligence in any civil action; or

2-8 (b) Negligence or reckless driving for the purposes of NRS 484.377.

2-9 5.] 3. This section does not apply:

2-10 (a) To a person who is transporting a child in a means of public

2-11 transportation, including , without limitation, a taxi, school bus or

2-12 emergency vehicle.

2-13 (b) When a physician determines that the use of such a restraining

2-14 device for the particular child would be impractical or dangerous because

2-15 of such factors as the child’s weight, physical unfitness or medical

2-16 condition. In this case, the person transporting the child shall carry in the

2-17 vehicle the signed statement of the physician to that effect.

2-18 Sec. 2. The amendatory provisions of this act do not apply to offenses

2-19 that are committed before October 1, 1999.

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