SB154

Senate Bill No. 154–Committee on Transportation

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

February 10, 1999

____________

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.

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; 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.

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, any person

1-3 who is transporting a child who is under 5 years of age [~~and]~~ or who weighs

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

1-5 equipped to carry passengers shall secure him in a device for restraining a

1-6 child which has been approved by the United States Department of

1-7 Transportation.

1-8 2. A person who violates the provisions of subsection 1 shall be

1-9 punished by a fine of not less than $35 nor more than $100 unless, within

1-10 14 days after the issuance of the citation for such a violation, the person

1-11 presents to the court specified in the citation proof of his purchase of such a

1-12 restraining device. Upon presentation of such proof, the court shall void the

1-13 citation.

1-14 3. For the purposes of NRS 483.473, a violation of this section is not a

1-15 moving traffic violation.

1-16 4. A violation of this section may not be considered:

2-1 (a) Negligence or causation in any civil action; or

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

2-3 5. This section does not apply:

2-4 (a) To a person who is transporting a child in a means of public

2-5 transportation, including a taxi, school bus or emergency vehicle.

2-6 (b) When a physician determines that the use of such a restraining

2-7 device for the particular child would be impractical or dangerous because

2-8 of such factors as the child’s weight, physical unfitness or medical

2-9 condition. In this case, the person transporting the child shall carry in the

2-10 vehicle the signed statement of the physician to that effect.