2019 Montana Legislature

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HOUSE BILL NO. 767

INTRODUCED BY B. HAMLETT

 

A BILL FOR AN ACT ENTITLED: "AN ACT FOR PRIMARY ENFORCEMENT OF SEATBELT LAWS; MAKING ADULT PASSENGERS RESPONSIBLE FOR THEMSELVES; REDUCING FINES FOR 10 YEARS; AND AMENDING SECTIONS 46-5-502, 61-13-103, AND 61-13-104, MCA."

 

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

 

     Section 1.  Section 46-5-502, MCA, is amended to read:

     "46-5-502.  Authority to establish temporary roadblocks. (1) A law enforcement agency of this state is authorized to establish, within its jurisdiction, temporary roadblocks on the highways of this state to:

     (a)  apprehend persons known to be wanted for a violation of the laws of this state, of any other state, or of the United States;

     (b)  except as provided in 7-33-2212, respond to an active emergency; or

     (c)  respond to or mitigate conditions in areas where a significant number of known causal factors of motor vehicle accidents involving fatalities, injuries, or other serious legal violations are known to have occurred.

     (2)  During a temporary roadblock, verification of a valid driver's license, vehicle registration, and insurance may be required.

     (3)  In the course of conducting a roadblock under subsection (1)(c), a law enforcement officer may not issue a ticket, citation, or summons for a secondary offense.

     (4)  For purposes of this section, the following definitions apply:

     (a)  "Active emergency" means an incident that threatens public safety, health, or welfare and requires immediate action.

     (b)  "Secondary offense" means a violation of an offense, including a violation of 61-13-103, for which a law enforcement officer may only issue a ticket, citation, or summons after the driver has already been stopped for a violation of another offense."

 

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

     "61-13-103.  Seatbelt use required -- exceptions. (1) (a) A driver may not operate a motor vehicle upon a highway of the state of Montana unless each occupant of a designated seating position who is under 18 years of age is wearing a properly adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.

     (b) An adult may not ride in a designated seating position of a motor vehicle unless wearing a properly adjusted and fastened seatbelt.

     (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, licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, that 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 or a motor-driven cycle;

     (d)  an occupant of a vehicle licensed as special mobile equipment; or

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

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

     (4)  The department or its agent may not require a driver who may be in violation of this section to stop except:

     (a)  upon reasonable cause to believe that the driver has violated another traffic regulation or that the driver's vehicle is unsafe or not equipped as required by law; or

     (b)  if a person in the vehicle who is under 6 years of age and weighs less than 60 pounds is not properly restrained under 61-9-420 or this section."

 

     Section 3.  Section 61-13-104, MCA, is amended to read:

     "61-13-104.  Penalty -- no record permitted. (1) A driver person who violates 61-13-103 shall be fined $20, but the violation shall be fined:

     (a) in the year 2020, $1;

     (b) in the year 2021, $2;

     (c) in the year 2022, $3;

     (d) in the year 2023, $4;

     (e) in the year 2024, $5;

     (f) in the years 2025 through 2029, $10; and

     (g) after the year 2029, $20.

     (2) A violation of 61-13-103 is not a misdemeanor pursuant to 45-2-101, 46-18-236, 61-8-104, or 61-8-711. A violation of 61-13-103 may not be counted as a moving violation for purposes of suspending a driver's license under 61-11-203(2)(m). Bond for this offense is $20 equals the fine imposed in subsection (1), and a jail sentence may not be imposed.

     (2)(3)  A violation of 61-13-103 may not be recorded or charged against the driver's record of a person violating 61-13-103.

     (3)(4)  An insurance company may not hold a violation of 61-13-103 against the insured or increase the insured's premiums due to a violation of 61-13-103."

- END -

 


Latest Version of HB 767 (HB0767.01)
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