SB-1089, As Passed Senate, November 10, 2016

SENATE BILL No. 1089

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.

(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.