Senate Bill No. 116–Senators Nolan and Wiener

 

February 13, 2003

____________

 

Joint Sponsors: Assemblywomen Leslie
and Chowning

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Referred to Committee on Transportation

 

SUMMARY—Revises provisions relating to use of equipment to secure children traveling in certain motor vehicles. (BDR 43‑87)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to motor vehicles; requiring that a child who is less than 9 years of age and who weighs 80 pounds or less be secured in a child restraint system when traveling in certain motor vehicles; requiring that such a system be properly installed within and attached to the motor vehicle; revising the provisions relating to the imposition of a fine for failing to secure a child in a child restraint system; revising provisions relating to the wearing of safety belts to require that each child who is not required to be secured in a child restraint system be secured with a safety belt; 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

1-3  person who is transporting a child who is [under 5] less than 9 years

1-4  of age and who weighs 80 pounds or less [than 40 pounds] in a

1-5  motor vehicle operated in this state which is equipped to carry

2-1  passengers shall secure [him] the child in a [device for restraining a]

2-2  child restraint system which [has] :

2-3  (a) Has been approved by the United States Department of

2-4  Transportation[.] in accordance with the Federal Motor Vehicle

2-5  Safety Standards set forth in 49 C.F.R. Part 571;

2-6  (b) Is appropriate for the size and weight of the child; and

2-7  (c) Is installed within and attached safely and securely to the

2-8  motor vehicle:

2-9       (1) In accordance with the instructions for installation and

2-10  attachment provided by the manufacturer of the child restraint

2-11  system; or

2-12          (2) In another manner that is approved by:

2-13             (I) The United States Department of Transportation;

2-14             (II) A fire department; or

2-15             (III) A law enforcement agency.

2-16      2.  A person who violates the provisions of subsection 1 shall

2-17  be punished by a fine of not less than [$35 nor more than $100

2-18  unless, within 14 days after the issuance of the citation for such a

2-19  violation, the person presents to the court specified in the citation

2-20  proof of his purchase of such a restraining device. Upon

2-21  presentation of such proof, the court shall void the citation.] $100.

2-22      3.  For the purposes of NRS 483.473, a violation of this section

2-23  is not a moving traffic violation.

2-24      4.  A violation of this section may not be considered:

2-25      (a) Negligence in any civil action; or

2-26      (b) Negligence or reckless driving for the purposes of

2-27  NRS 484.377.

2-28      5.  This section does not apply:

2-29      (a) To a person who is transporting a child in a means of public

2-30  transportation, including a taxi, school bus or emergency vehicle.

2-31      (b) When a physician determines that the use of such a

2-32  [restraining device] child restraint system for the particular child

2-33  would be impractical or dangerous because of such factors as the

2-34  child’s weight, physical unfitness or medical condition. In this case,

2-35  the person transporting the child shall carry in the vehicle the signed

2-36  statement of the physician to that effect.

2-37      6.  As used in this section, “child restraint system” means any

2-38  device except safety belts that is designed for use in a motor

2-39  vehicle to restrain, seat or position children. The term includes,

2-40  without limitation, booster seats and belt-positioning seats that are

2-41  designed to elevate a child so as to allow the child to be secured

2-42  with a safety belt.

2-43      Sec. 2.  NRS 484.641 is hereby amended to read as follows:

2-44      484.641  1.  It is unlawful to drive a passenger car

2-45  manufactured after:

3-1  (a) January 1, 1968, on a highway unless it is equipped with at

3-2  least two lap-type safety belt assemblies for use in the front seating

3-3  positions.

3-4  (b) January 1, 1970, on a highway, unless it is equipped with a

3-5  lap-type safety belt assembly for each permanent seating position

3-6  for passengers. This requirement does not apply to the rear seats of

3-7  vehicles operated by a police department or sheriff’s office.

3-8  (c) January 1, 1970, unless it is equipped with at least two

3-9  shoulder-harness-type safety belt assemblies for use in the front

3-10  seating positions.

3-11      2.  Any person driving , and any passenger [5] who:

3-12      (a) Is 9 years of age or older ; or

3-13      (b) Weighs more than 80 pounds, regardless of age,

3-14  who rides in the front or back seat of any vehicle described in

3-15  subsection 1, having an unladen weight of less than 6,000 pounds,

3-16  on any highway, road or street in this state shall wear a safety belt if

3-17  one is available for his seating position.

3-18      3.  A citation must be issued to any driver or to any adult

3-19  passenger who fails to wear a safety belt as required by

3-20  subsection 2. If the passenger is a child [5] who:

3-21      (a) Is 9 years of age or older but [under] less than 18 years[,] of

3-22  age, regardless of weight; or

3-23      (b) Is less than 9 years of age but who weighs more than 80

3-24  pounds,

3-25  a citation must be issued to the driver for his failure to require that

3-26  child to wear the safety belt, but if both the driver and that child are

3-27  not wearing safety belts, only one citation may be issued to the

3-28  driver for both violations. A citation may be issued pursuant to this

3-29  subsection only if the violation is discovered when the vehicle is

3-30  halted or its driver arrested for another alleged violation or offense.

3-31  Any person who violates the provisions of subsection 2 shall be

3-32  punished by a fine of not more than $25 or by a sentence to perform

3-33  a certain number of hours of community service.

3-34      4.  A violation of subsection 2:

3-35      (a) Is not a moving traffic violation under NRS 483.473.

3-36      (b) May not be considered as negligence or as causation in any

3-37  civil action or as negligent or reckless driving under NRS 484.377.

3-38      (c) May not be considered as misuse or abuse of a product or as

3-39  causation in any action brought to recover damages for injury to a

3-40  person or property resulting from the manufacture, distribution, sale

3-41  or use of a product.

3-42      5.  The Department shall exempt those types of motor vehicles

3-43  or seating positions from the requirements of subsection 1 when

3-44  compliance would be impractical.

3-45      6.  The provisions of subsections 2 and 3 do not apply:

4-1  (a) To a driver or passenger who possesses a written statement

4-2  by a physician certifying that he is unable to wear a safety belt for

4-3  medical or physical reasons;

4-4  (b) If the vehicle is not required by federal law to be equipped

4-5  with safety belts;

4-6  (c) To an employee of the United States Postal Service while

4-7  delivering mail in the rural areas of this state;

4-8  (d) If the vehicle is stopping frequently, the speed of that vehicle

4-9  does not exceed 15 miles per hour between stops and the driver or

4-10  passenger is frequently leaving the vehicle or delivering property

4-11  from the vehicle; or

4-12      (e) To a passenger riding in a means of public transportation,

4-13  including a taxi, school bus or emergency vehicle.

4-14      7.  It is unlawful for any person to distribute, have for sale,

4-15  offer for sale or sell any safety belt or shoulder harness assembly for

4-16  use in a motor vehicle unless it meets current minimum standards

4-17  and specifications of the United States Department of

4-18  Transportation.

 

4-19  H