PRINTER'S NO. 577
No. 534 Session of 2001
INTRODUCED BY GODSHALL, ARMSTRONG, CRUZ, LAUGHLIN, ROSS AND TIGUE, FEBRUARY 7, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 7, 2001
AN ACT 1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated 2 Statutes, further providing for restraint systems. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Sections 4581(e) and 4585 of Title 75 of the 6 Pennsylvania Consolidated Statutes are amended to read: 7 § 4581. Restraint systems. 8 * * * 9 (e) Civil actions.--In no event shall a violation or alleged 10 violation of this subchapter be used as evidence in a trial of 11 any civil action; nor shall any jury in a civil action be 12 instructed that any conduct did constitute or could be 13 interpreted by them to constitute a violation of this 14 subchapter[; nor shall failure]. Failure to use a child 15 passenger restraint system or safety seat belt system, as 16 required by this subchapter, may be considered as contributory 17 negligence [nor shall] and failure to use such a system may be
1 admissible as evidence of contributory negligence in the trial 2 of any civil action[; nor shall this subchapter], provided that 3 such evidence may be admitted to prove the extent to which 4 injuries sustained would have been avoided or reduced by 5 compliance with this subchapter. Further, this subchapter shall 6 not impose any legal obligation upon or impute any civil 7 liability whatsoever to an owner, employer, manufacturer, dealer 8 or person engaged in the business of renting or leasing vehicles 9 to the public to equip a vehicle with a child passenger 10 restraint system or to have such child passenger restraint 11 system available whenever their vehicle may be used to transport 12 a child. 13 * * * 14 § 4585. Use of information or evidence of violation of 15 subchapter. 16 [The] Except as provided in section 4581(e) (relating to 17 restraint systems), the requirements of this subchapter or 18 evidence of a violation of this subchapter may not be used by an 19 insurer for any purpose. 20 Section 2. This act shall take effect in 60 days. L11L75DMS/20010H0534B0577 - 2 -