2003 Montana Legislature

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SENATE BILL NO. 217

INTRODUCED BY MAHLUM, BOHLINGER, COONEY

 

AN ACT REQUIRING THE USE OF CHILD SAFETY RESTRAINTS IN MOTOR VEHICLES FOR CHILDREN UNDER 6 YEARS OF AGE WHO WEIGH LESS THAN 60 POUNDS; ASSIGNING THE RESPONSIBILITY FOR USE OF CHILD SAFETY RESTRAINTS TO THE DRIVER; REMOVING THE PROVISION REQUIRING NO MORE THAN THREE CHILD SAFETY RESTRAINT SYSTEMS IN A VEHICLE; AND AMENDING SECTIONS 61-9-420 AND 61-13-103, MCA.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 61-9-420, MCA, is amended to read:

     "61-9-420.  Child safety restraint systems -- standards -- exemptions. (1) If a child under 2 6 years of age and weighing less than 60 pounds is a passenger in a motor vehicle, that motor vehicle must be equipped with one child safety restraint for each child in the vehicle and each child must be properly restrained.

     (2)  A child between 2 and 4 years of age or weighing less than 40 pounds who is a passenger in a motor vehicle must be properly restrained or restrained in a safety belt that meets applicable federal motor vehicle safety standards.

     (3)(2)  The department shall by rule establish standards in compliance with 61-9-419 through 61-9-423 and applicable federal standards for approved types of child safety restraint systems purchased after January 1, 1984.

     (4)  A person is not required to have more than three child safety restraint systems in a vehicle.

     (5)(3)  The department may by rule exempt from the requirements of subsection (1) subsection (1) a child who because of a physical or medical condition or body size cannot be placed in a child safety restraint system or safety belt."

 

     Section 2.  Section 61-13-103, MCA, is amended to read:

     "61-13-103.  Seatbelt use required -- exceptions. (1) No A driver may not operate a motor vehicle upon a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.

     (2)  The provisions of this section do not apply to:

     (a)  an occupant of a motor vehicle who possesses a written statement from a licensed physician that he the occupant is unable to wear a seatbelt for medical reasons;

     (b)  an occupant of a motor vehicle in which all seatbelts are being used by other occupants;

     (c)  an operator of a motorcycle as defined in 61-1-105 or a motor-driven cycle as defined in 61-1-106;

     (d)  an occupant of a vehicle licensed as special mobile equipment as defined in 61-1-104;

     (e)  children subject to the provisions of 61-9-420; or

     (f)(e)  an occupant who makes frequent stops with a motor vehicle in his during official job duties and who may be exempted by the department.

     (3)  The department may adopt rules to implement subsection (2)(f) (2)(e).

     (4)  The department or its agent may not require a driver who may be in violation of this section to stop except upon reasonable cause to believe that he the driver has violated another traffic regulation or that his the driver's vehicle is unsafe or not equipped as required by law."

- END -

 


Latest Version of SB 217 (SB0217.ENR)
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