HB-4536, As Passed House, June 27, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4536

     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. as

follows:

     (a) A child less than 4 years of age shall be protected as

required in section 710d.

     (b) A child who is more than 4 years of age but less than 8

years of age and who is less than 4 feet 9 inches in height shall

be properly secured in a child restraint system in accordance with

the child restraint manufacturer's and motor vehicle manufacturer's

instructions and the standards prescribed in 49 CFR 571.213.

(4) If there are more passengers than 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.

(5) (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 whom 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.

(6) (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.

(7) (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 negligence shall not

reduce the recovery for damages by more than 5%.

(8) (7) A person who violates this section is responsible for

a civil infraction.

(9) (8) A law enforcement agency shall conduct an

investigation for all reports of police harassment that result from

the enforcement of this section.

(10) (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.

(11) (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.

(12) (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 1999 PA 29. 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.

(13) (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.

(14) (13) Points shall not be assessed under section 320a for

a violation of this section.

     Enacting section 1. This amendatory act takes effect April 1,

2008.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4538 of the 94th Legislature is enacted into

law.