Bill Text For HB2791 - House Floor Version

 1|              HOUSE OF REPRESENTATIVES - FLOOR VERSION                 |
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 2|                          STATE OF OKLAHOMA                            |
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 3|             2nd Session of the 57th Legislature (2020)                |
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 4|HOUSE BILL 2791                      By: Ford of the House             |
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 5|                                         and                           |
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 6|                                         Weaver and Hicks of the       |
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  |                            AS INTRODUCED                              |
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  |       An Act relating to motor vehicles; amending 47 O.S.             |
11|       2011, Section 11-1112, as last amended by Section 2,            |
  |       Chapter 376, O.S.L. 2017 (47 O.S. Supp. 2019, Section           |
12|       11-1112), which relates to child passenger restraint            |
  |       systems; modifying age requirements for use of                  |
13|       certain restraint systems; defining term; and                   |
  |       providing an effective date.                                    |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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18|    SECTION 1.     AMENDATORY     47 O.S. 2011, Section 11-1112, as    |
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19|last amended by Section 2, Chapter 376, O.S.L. 2017 (47 O.S. Supp.     |
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20|2019, Section 11-1112), is amended to read as follows:                 |
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21|    Section 11-1112.  A.  Every driver, when transporting a child      |
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22|under eight (8) seventeen (17) years of age or younger in a motor      |
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23|vehicle operated on the roadways, streets, or highways of this         |
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arsid8218701 HB2791 HFLR                                           Page 1
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 1|state, shall provide for the protection of said child by properly      |
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 2|using a child passenger restraint system as follows:                   |
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 3|    1.  A child under four (4) years of age shall be properly          |
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 4|secured in a child passenger restraint system.  Except as provided     |
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 5|in subsection G F of this section, the child passenger restraint       |
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 6|system shall be rear-facing until the child reaches two (2) years of   |
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 7|age or until the child reaches the weight or height limit of the       |
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 8|rear-facing child passenger restraint system as allowed by the         |
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 9|manufacturer of the child passenger restraint system, whichever        |
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10|occurs first; and                                                      |
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11|    2.  A child at least four (4) years of age but younger than        |
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12|eight (8) years of age, if not taller than 4 feet 9 inches in          |
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13|height, shall be properly secured in either a child passenger          |
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14|restraint system or child booster seat; and                            |
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15|    3.  A child who is between the age of eight (8) and twelve (12)    |
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16|years of age shall ride in the rear seat when available, properly      |
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17|secured in a child restraint system, belt-positioning booster seat     |
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18|or seat belt.  A child who is thirteen (13) years of age or older      |
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19|shall be properly secured in a seat belt.                              |
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20|    For purposes of this section and Section 11-1113 of this title,    |
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21|"child passenger restraint system" means an infant or child            |
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22|passenger restraint system which meets the federal standards as set    |
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23|by 49 C.F.R., Section 571.213 and "seat belt" means a seat belt that   |
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24|meets federal standards 49 C.F.R., Section 571.207-210.                |
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arsid8218701 HB2791 HFLR                                           Page 2
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 1|    B.  If a child is eight (8) years of age or is taller than 4       |
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 2|feet 9 inches in height, a seat belt properly secured to the vehicle   |
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 3|shall be sufficient to meet the requirements of this section.          |
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 4|    C.  The provisions of this section shall not apply to:             |
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 5|    1.  The driver of a school bus, taxicab, moped, motorcycle, or     |
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 6|other motor vehicle not required to be equipped with safety belts      |
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 7|pursuant to state or federal laws;                                     |
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 8|    2.  The driver of an ambulance or emergency vehicle;               |
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 9|    3.  The driver of a vehicle in which all of the seat belts are     |
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10|in use;                                                                |
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11|    4.  The transportation of children who for medical reasons are     |
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12|unable to be placed in such devices, provided there is written         |
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13|documentation from a physician of such medical reason; or              |
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14|    5.  The transportation of a child who weighs more than forty       |
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15|(40) pounds and who is being transported in the back seat of a         |
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16|vehicle while wearing only a lap safety belt when the back seat of     |
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17|the vehicle is not equipped with combination lap and shoulder safety   |
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18|belts, or when the combination lap and shoulder safety belts in the    |
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19|back seat are being used by other children who weigh more than forty   |
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20|(40) pounds.  Provided, however, for purposes of this paragraph,       |
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21|back seat shall include all seats located behind the front seat of a   |
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22|vehicle operated by a licensed child care facility or church.          |
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23|Provided further, there shall be a rebuttable presumption that a       |
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24|child has met the weight requirements of this paragraph if at the      |
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arsid8218701 HB2791 HFLR                                           Page 3
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 1|request of any law enforcement officer, the licensed child care        |
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 2|facility or church provides the officer with a written statement       |
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 3|verified by the parent or legal guardian that the child weighs more    |
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 4|than forty (40) pounds.                                                |
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 5|    D. C.  A violation of the provisions of this section shall be      |
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 6|admissible as evidence in any civil action or proceeding for damages   |
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 7|unless the plaintiff in such action or proceeding is a child under     |
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 8|sixteen (16) years of age.                                             |
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 9|    In any action brought by or on behalf of an infant for personal    |
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10|injuries or wrongful death sustained in a motor vehicle collision,     |
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11|the failure of any person to have the infant properly restrained in    |
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12|accordance with the provisions of this section shall not be used in    |
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13|aggravation or mitigation of damages.                                  |
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14|    E. D.  A person who is certified as a Child Passenger Safety       |
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15|Technician and who in good faith provides inspection, adjustment, or   |
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16|educational services regarding child passenger restraint systems       |
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17|shall not be liable for civil damages resulting from any act or        |
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18|omission in providing such services, other than acts or omissions      |
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19|constituting gross negligence or willful or wanton misconduct.         |
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20|    F. E.  Any person convicted of violating subsection A of this      |
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21|section shall be punished by a fine of Fifty Dollars ($50.00) and      |
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22|shall pay all court costs thereof.  Revenue from such fine shall be    |
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23|apportioned to the Department of Public Safety Restricted Revolving    |
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24|Fund and used by the Oklahoma Highway Safety Office to promote the     |
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arsid8218701 HB2791 HFLR                                           Page 4
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 1|use of child passenger restraint systems as provided in Section        |
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 2|11-1113 of this title.  This fine shall be suspended and the court     |
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 3|costs limited to a maximum of Fifteen Dollars ($15.00) in the case     |
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 4|of the first offense upon proof of purchase or acquisition by loan     |
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 5|of a child passenger restraint system.  Provided, the Department of    |
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 6|Public Safety shall not assess points to the driving record of any     |
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 7|person convicted of a violation of this section.                       |
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 8|    G. F.  A driver of a vehicle who has been rightfully issued a      |
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 9|detachable placard indicating physical disability under the            |
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10|provisions of Section 15-112 of this title or a physically disabled    |
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11|license plate under the provisions of Section 1135.1 or 1135.2 of      |
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12|this title and valid letter of forward-facing exemption issued from    |
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13|the Department of Public Safety shall be permitted to transport a      |
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14|child passenger under four (4) years of age in a forward-facing        |
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15|child passenger restraint system.  The placard and forward-facing      |
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16|exemption letter must be present in the vehicle to be in compliance.   |
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17|    SECTION 2.  This act shall become effective November 1, 2020.      |
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19|COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/17/2020 -    |
  |DO PASS, As Coauthored.                                                |
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arsid8218701 HB2791 HFLR                                           Page 5
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