March 16, 2005, Introduced by Senators BIRKHOLZ, JOHNSON, McMANUS, KUIPERS and BRATER and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 710e (MCL 257.710e), as amended by 1999 PA 29.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 710e. (1) This section does not apply to a driver or
passenger of any of the following:
(a) A motor vehicle manufactured before January 1, 1965.
(b) A bus.
(c) A motorcycle.
(d) A moped.
(e) A motor vehicle if the driver or passenger possesses a
written verification from a physician that the driver or passenger
is unable to wear a safety belt for physical or medical reasons.
(f) A motor vehicle that is not required to be equipped with
safety belts under federal law.
(g) A commercial or United States postal service vehicle that
makes frequent stops for the purpose of pickup or delivery of goods
or services.
(h) A motor vehicle operated by a rural carrier of the United
States postal service while serving his or her rural postal route.
(2) This section does not apply to a passenger of a school
bus.
(3) Each driver and front seat passenger of a motor vehicle
operated on a street or highway in this state shall wear a properly
adjusted and fastened safety belt, except that a child less than 4
years of age shall be protected as required in section 710d. If
there are more passengers 16 years of age or older than there are
safety belts available for use, and all safety belts in the motor
vehicle are being utilized in compliance with this section, the
driver of the motor vehicle is in compliance with this section.
(4) Each driver of a motor vehicle transporting a child 4
years of age or more but less than 16 years of age in a motor
vehicle shall secure the child in a properly adjusted and fastened
safety
belt. If the motor vehicle is transporting more children
than
there are safety belts available for use, all safety belts
available
in the motor vehicle are being utilized in compliance
with
this section, and the driver and all front seat passengers
comply
with subsection (3), then the driver of a motor vehicle
transporting
a child 4 years of age or more but less than 16 years
of
age for which there is not an available safety belt is in
compliance
with this subsection, if that child is seated in other
than
the front seat of the motor vehicle. However, if that motor
vehicle
is a pickup truck without an extended cab or jump seats,
and
all safety belts in the front seat are being used, the driver
may
transport such a child in the front seat without a safety belt.
(5) If after December 31, 2005 the office of highway safety
planning certifies that there has been less than 80% compliance
with the safety belt requirements of this section during the
preceding
year, then enforcement of this section by state or
local law enforcement agencies shall be accomplished only as a
secondary action when a driver of a motor vehicle has been detained
for a suspected violation of another section of this act.
(6) Failure to wear a safety belt in violation of this section
may be considered evidence of negligence and may reduce the
recovery for damages arising out of the ownership, maintenance, or
operation
of a motor vehicle. However, such that negligence shall
not reduce the recovery for damages by more than 5%.
(7) A person who violates this section is responsible for a
civil infraction.
(8) A law enforcement agency shall conduct an investigation
for all reports of police harassment that result from the
enforcement of this section.
(9) The secretary of state shall engage an independent
organization to conduct a 3-year study to determine the effect that
the primary enforcement of this section has on the number of
incidents of police harassment of drivers. The organization that
conducts the study shall submit a report to the legislature not
later than June 30, 2001 and an annual report not later than June
30 each year thereafter.
(10) The secretary of state shall promote compliance with the
safety belt requirements of this section at the branch offices and
through any print or visual media determined appropriate by the
secretary of state.
(11)
The secretary of state shall conduct a study with the
cooperation
and contribution of the directors of the department of
state
police, the department of community health, the state
transportation
department, and the insurance bureau to analyze the
monetary
savings, if any, arising from the enactment of the
amendatory
act that added this subsection. The secretary of state
shall
report the findings of the study to all of the following not
later
than May 1, 2000:
(a)
The senate and house of representatives appropriations
committees.
(b)
The senate and house of representatives fiscal agencies.
(11) (12)
It is the intent of the
legislature that the
enforcement of this section be conducted in a manner calculated to
save lives and not in a manner that results in the harassment of
the citizens of this state.
(12) (13)
Points shall not be assessed under
section 320a
for a violation of this section.