Bill Text: PA SB1001 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for restraint systems.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2011-04-25 - Referred to TRANSPORTATION [SB1001 Detail]

Download: Pennsylvania-2011-SB1001-Introduced.html

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PRINTER'S NO. 1087
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1001 Session of2011
INTRODUCED BY STACK, WARD, TARTAGLIONE AND WILLIAMS, APRIL 25, 2011
REFERRED TO TRANSPORTATION, APRIL 25, 2011
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for restraint systems.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4581(a)(1.1) and (2) and (b) of Title 75
of the Pennsylvania Consolidated Statutes are amended to read:
§ 4581. Restraint systems.
(a) Occupant protection.--
* * *
(1.1) Any person who is operating a passenger car, Class
I truck, Class II truck, classic motor vehicle, antique motor
vehicle or motor home and who transports a child four years
of age or older but under eight years of age anywhere in the
motor vehicle, including the cargo area, shall fasten such
child securely in a fastened safety seat belt system and in
an appropriately fitting child booster seat, as defined in
subsection (d). This paragraph shall apply to all persons
while they are operators of motor vehicles where a seating
position is available which is equipped with a seat safety
belt or other means to secure the systems or where the
seating position was originally equipped with seat safety
belts. [A conviction under this paragraph by State or local
law enforcement agencies shall occur only as a secondary
action when a driver of a motor vehicle has been convicted of
violating any other provision of this title.]
(2) Except for children under eight years of age and
except as provided in paragraphs (1) and (1.1), each driver
and front seat occupant of a passenger car, Class I truck,
Class II truck or motor home operated in this Commonwealth
shall wear a properly adjusted and fastened safety seat belt
system. [A conviction under this paragraph by State or local
law enforcement agencies shall occur only as a secondary
action when a driver of a motor vehicle has been convicted of
any other provision of this title.] The driver of a passenger
automobile shall secure or cause to be secured in a properly
adjusted and fastened safety seat belt system any occupant
who is eight years of age or older and less than 18 years of
age. This paragraph shall not apply to:
(i) A driver or front seat occupant of any vehicle
manufactured before July 1, 1966.
(ii) A driver or front seat occupant who possesses a
written verification from a physician that he is unable
to wear a safety seat belt system for physical or medical
reasons, or from a psychiatrist or other specialist
qualified to make an informed judgment that he is unable
to wear a safety seat belt system for psychological
reasons.
(iii) A rural letter carrier while operating any
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motor vehicle during the performance of his duties as a
United States postal service rural letter carrier only
between the first and last delivery points.
(iv) A driver who makes frequent stops and is
traveling less than 15 miles per hour for the purpose of
delivering goods or services while in the performance of
his duties and only between the first and last delivery
points.
A violation of this paragraph shall not be subject to
the assessment of any points under section 1535 (relating
to schedule of convictions and points).
* * *
(b) Offense.--Anyone who fails to comply with the provisions
of subsection (a)(1) or (1.1) shall be guilty of a summary
offense with a maximum fine of [$100] $250. The court imposing
and collecting any such fines shall transfer the fines thus
collected to the State Treasurer for deposit in the Child
Passenger Restraint Fund, pursuant to section 4582 (relating to
Child Passenger Restraint Fund). Anyone who violates subsection
(a)(2) [or (3)] commits a summary offense and shall, upon
conviction, be sentenced to pay a fine of $250. Anyone who
violates subsection (a)(3) commits a summary offense and shall,
upon conviction, be sentenced to pay a fine of $10. [No person
shall be convicted of a violation of subsection (a)(2) unless
the person is also convicted of another violation of this title
which occurred at the same time.] No costs as described in 42
Pa.C.S. § 1725.1 (relating to costs) shall be imposed for
summary conviction of subsection (a)(2) or (3). Conviction under
this subsection shall not constitute a moving violation.
* * *
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Section 2. The amendment of 75 Pa.C.S. § 4581(a)(1.1) and
(2) and (b) shall apply to any violation of 75 Pa.C.S. § 4581(a)
that occurs on or after the effective date of this section.
Section 3. This act shall take effect in 60 days.
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