(Reprinted with amendments adopted on April 7, 2003)

 

Senate Bill No. 116–Senators Nolan and Wiener

 

February 13, 2003

____________

 

Joint Sponsors: Assemblywomen Leslie
and Chowning

____________

 

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 or a requirement to perform community service 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

2-1  motor vehicle operated in this state which is equipped to carry

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

2-3  child restraint system which [has] :

2-4  (a) Has been approved by the United States Department of

2-5  Transportation[.] in accordance with the Federal Motor Vehicle

2-6  Safety Standards set forth in 49 C.F.R. Part 571;

2-7  (b) Is appropriate for the size and weight of the child; and

2-8  (c) Is installed within and attached safely and securely to the

2-9  motor vehicle:

2-10          (1) In accordance with the instructions for installation and

2-11  attachment provided by the manufacturer of the child restraint

2-12  system; or

2-13          (2) In another manner that is approved by the National

2-14  Highway Traffic Safety Administration.

2-15      2.  A person who violates the provisions of subsection 1 shall

2-16  be :

2-17      (a) Required to complete a program of training conducted by a

2-18  person or agency approved by the court in the installation and use

2-19  of child restraint systems; and

2-20      (b) Except as otherwise provided in this paragraph, punished

2-21  by a fine of not less than [$35] $50 nor more than [$100 unless,

2-22  within 14 days after the issuance of the citation for such a violation,

2-23  the person presents to the court specified in the citation proof of his

2-24  purchase of such a restraining device. Upon presentation of such

2-25  proof, the court shall void the citation.]$500, or required to

2-26  perform not less than 8 hours nor more than 50 hours of

2-27  community service. The court may waive any amount of the fine in

2-28  excess of $50 or any amount of the community service in excess of

2-29  8 hours if a person or agency approved by the court certifies that

2-30  the violator has:

2-31          (1) Completed the program of training required by

2-32  paragraph (a); and

2-33          (2) Presented for inspection by the person or agency an

2-34  installed child restraint system that satisfies the provisions of

2-35  subsection 1.

2-36  The court shall make available a list of persons and agencies

2-37  approved by the court to conduct programs of training and

2-38  perform inspections of child restraint systems.

2-39      3.  For the purposes of NRS 483.473, a violation of this section

2-40  is not a moving traffic violation.

2-41      4.  A violation of this section may not be considered:

2-42      (a) Negligence in any civil action; or

2-43      (b) Negligence or reckless driving for the purposes of

2-44  NRS 484.377.

2-45      5.  This section does not apply:

3-1  (a) To a person who is transporting a child in a means of public

3-2  transportation, including a taxi, school bus or emergency vehicle.

3-3  (b) When a physician determines that the use of such a

3-4  [restraining device] child restraint system for the particular child

3-5  would be impractical or dangerous because of such factors as the

3-6  child’s weight, physical unfitness or medical condition. In this case,

3-7  the person transporting the child shall carry in the vehicle the signed

3-8  statement of the physician to that effect.

3-9  6.  As used in this section, “child restraint system” means any

3-10  device except safety belts that is designed for use in a motor

3-11  vehicle to restrain, seat or position children. The term includes,

3-12  without limitation, booster seats and belt-positioning seats that are

3-13  designed to elevate a child so as to allow the child to be secured

3-14  with a safety belt.

3-15      Sec. 2.  NRS 484.641 is hereby amended to read as follows:

3-16      484.641  1.  It is unlawful to drive a passenger car

3-17  manufactured after:

3-18      (a) January 1, 1968, on a highway unless it is equipped with at

3-19  least two lap-type safety belt assemblies for use in the front seating

3-20  positions.

3-21      (b) January 1, 1970, on a highway, unless it is equipped with a

3-22  lap-type safety belt assembly for each permanent seating position

3-23  for passengers. This requirement does not apply to the rear seats of

3-24  vehicles operated by a police department or sheriff’s office.

3-25      (c) January 1, 1970, unless it is equipped with at least two

3-26  shoulder-harness-type safety belt assemblies for use in the front

3-27  seating positions.

3-28      2.  Any person driving , and any passenger [5] who:

3-29      (a) Is 9 years of age or older ; or

3-30      (b) Weighs more than 80 pounds, regardless of age,

3-31  who rides in the front or back seat of any vehicle described in

3-32  subsection 1, having an unladen weight of less than [6,000] 10,000

3-33  pounds, on any highway, road or street in this state shall wear a

3-34  safety belt if one is available for his seating position.

3-35      3.  A citation must be issued to any driver or to any adult

3-36  passenger who fails to wear a safety belt as required by

3-37  subsection 2. If the passenger is a child [5] who:

3-38      (a) Is 9 years of age or older but [under] less than 18 years[,] of

3-39  age, regardless of weight; or

3-40      (b) Is less than 9 years of age but who weighs more than 80

3-41  pounds,

3-42  a citation must be issued to the driver for his failure to require that

3-43  child to wear the safety belt, but if both the driver and that child are

3-44  not wearing safety belts, only one citation may be issued to the

3-45  driver for both violations. A citation may be issued pursuant to this

4-1  subsection only if the violation is discovered when the vehicle is

4-2  halted or its driver arrested for another alleged violation or offense.

4-3  Any person who violates the provisions of subsection 2 shall be

4-4  punished by a fine of not more than $25 or by a sentence to perform

4-5  a certain number of hours of community service.

4-6  4.  A violation of subsection 2:

4-7  (a) Is not a moving traffic violation under NRS 483.473.

4-8  (b) May not be considered as negligence or as causation in any

4-9  civil action or as negligent or reckless driving under NRS 484.377.

4-10      (c) May not be considered as misuse or abuse of a product or as

4-11  causation in any action brought to recover damages for injury to a

4-12  person or property resulting from the manufacture, distribution, sale

4-13  or use of a product.

4-14      5.  The Department shall exempt those types of motor vehicles

4-15  or seating positions from the requirements of subsection 1 when

4-16  compliance would be impractical.

4-17      6.  The provisions of subsections 2 and 3 do not apply:

4-18      (a) To a driver or passenger who possesses a written statement

4-19  by a physician certifying that he is unable to wear a safety belt for

4-20  medical or physical reasons;

4-21      (b) If the vehicle is not required by federal law to be equipped

4-22  with safety belts;

4-23      (c) To an employee of the United States Postal Service while

4-24  delivering mail in the rural areas of this state;

4-25      (d) If the vehicle is stopping frequently, the speed of that vehicle

4-26  does not exceed 15 miles per hour between stops and the driver or

4-27  passenger is frequently leaving the vehicle or delivering property

4-28  from the vehicle; or

4-29      (e) To a passenger riding in a means of public transportation,

4-30  including a taxi, school bus or emergency vehicle.

4-31      7.  It is unlawful for any person to distribute, have for sale,

4-32  offer for sale or sell any safety belt or shoulder harness assembly for

4-33  use in a motor vehicle unless it meets current minimum standards

4-34  and specifications of the United States Department of

4-35  Transportation.

4-36      Sec. 3.  This act becomes effective on June 1, 2004.

 

4-37  H