SB-1089, As Passed House, December 13, 2016
SB-1089, As Passed Senate, November 10, 2016
September 21, 2016, Introduced by Senator CASPERSON 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 2008 PA 43.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 710e. (1) This section does not apply to an operator 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 operator or passenger possesses a
written verification from a physician that the operator 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 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 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 operator 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 as follows:
(a) A child who is less than 4 years of age shall be protected
as required in section 710d.
(b) A child who is 4 years of age or older 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 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 operator of the motor
vehicle is in compliance with this section.
(5) Except as otherwise provided in subsection (3)(b), each
operator of a motor vehicle transporting a child 4 years of age or
older but less than 16 years of age in a motor vehicle shall secure
the child in a properly adjusted and fastened safety belt and
seated as required under this section. 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 operator and all
front seat passengers comply with subsection (3), the operator of a
motor vehicle transporting a child 8 years of age or older 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
operator may transport the child in the front seat without a safety
belt.
(6) The operator of a motor vehicle shall wear a lap belt, but
is not required to wear a shoulder harness, if the operator is
operating the vehicle for the purpose of performing road
construction or maintenance in a work zone.
(7) (6)
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, enforcement of this section by state or local
law enforcement agencies shall be accomplished only as a secondary
action when an operator of a motor vehicle has been detained for a
suspected violation of another section of this act.
(8) (7)
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, that negligence shall not
reduce the recovery for damages by more than 5%.
(9) (8)
A person who violates this section
is responsible for
a civil infraction.
(10) (9)
A law enforcement agency shall
conduct an
investigation for all reports of police harassment that result from
the enforcement of this section.
(11) (10)
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 motor vehicle operators. 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.
(12) (11)
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.
(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 90 days
after the date it is enacted into law.