PRINTER'S NO. 2724
No. 2078 Session of 1997
INTRODUCED BY GODSHALL, BATTISTO, BENNINGHOFF, L. I. COHEN,
DALEY, HERSHEY, MARSICO, MYERS, ROSS, C. WILLIAMS,
M. N. WRIGHT, YOUNGBLOOD, ZIMMERMAN, E. Z. TAYLOR AND
STEELMAN, DECEMBER 16, 1997
REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 16, 1997
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for passenger restraint systems.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Sections 4581(a), (b) and (e) and 4585 of Title
6 75 of the Pennsylvania Consolidated Statutes are amended to
7 read:
8 § 4581. Restraint systems.
9 (a) Occupant protection.--
10 (1) Any person who is operating a passenger car, Class I
11 truck, Class II truck, classic motor vehicle, antique motor
12 vehicle or motor home and who transports a child under four
13 years of age anywhere in the motor vehicle, including the
14 cargo area, shall fasten such child securely in a child
15 passenger restraint system, as defined in subsection (d).
16 This subsection shall apply to all persons while they are
17 operators of motor vehicles where a seating position is
1 available which is equipped with a seat safety belt or other
2 means to secure the systems or where the seating position was
3 originally equipped with seat safety belts.
4 (2) Except for children under four years of age and
5 except as provided in paragraph (1), each driver and front
6 seat occupant of a passenger car, Class I truck, Class II
7 truck or motor home operated in this Commonwealth shall wear
8 a properly adjusted and fastened safety seat belt system. [A
9 conviction under this paragraph by State or local law
10 enforcement agencies shall occur only as a secondary action
11 when a driver of a motor vehicle has been convicted of any
12 other provision of this title.] The driver of a passenger
13 automobile shall secure or cause to be secured in a properly
14 adjusted and fastened safety seat belt system any occupant in
15 the front seat who is four years of age or older and less
16 than 18 years of age. This paragraph shall not apply to:
17 (i) A driver or front seat occupant of any vehicle
18 manufactured before July 1, 1966.
19 (ii) A driver or front seat occupant who possesses a
20 written verification from a physician that he is unable
21 to wear a safety seat belt system for physical or medical
22 reasons, or from a psychiatrist or other specialist
23 qualified to make an informed judgment that he is unable
24 to wear a safety seat belt system for psychological
25 reasons.
26 (iii) A rural letter carrier while operating any
27 motor vehicle during the performance of his duties as a
28 United States postal service rural letter carrier only
29 between the first and last delivery points.
30 (iv) A driver who makes frequent stops and is
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1 traveling less than 15 miles per hour for the purpose of
2 delivering goods or services while in the performance of
3 his duties and only between the first and last delivery
4 points.
5 A violation of this paragraph shall not be subject to the
6 assessment of any points under section 1535 (relating to
7 schedule of convictions and points).
8 (b) Offense.--Anyone who fails to comply with the provisions
9 of subsection (a)(1) shall be guilty of a summary offense with a
10 maximum fine of $25. The court imposing and collecting any such
11 fines shall transfer the fines thus collected to the State
12 Treasurer for deposit in the Child Passenger Restraint Fund,
13 pursuant to section 4582 (relating to Child Passenger Restraint
14 Fund). Anyone who violates subsection (a)(2) commits a summary
15 offense. [and shall, upon conviction, be sentenced to pay a fine
16 of $10. No persons shall be convicted of a violation of
17 subsection (a)(2) unless the person is also convicted of another
18 violation of this title which occurred at the same time. No
19 costs as described in 42 Pa.C.S. § 1725.1 (relating to costs)
20 shall be imposed for summary conviction of subsection (a)(2).
21 Conviction under this subsection shall not constitute a moving
22 violation.]
23 * * *
24 (e) Civil actions.--[In no event shall a violation or
25 alleged violation of this subchapter be used as evidence in a
26 trial of any civil action; nor shall any jury in a civil action
27 be instructed that any conduct did constitute or could be
28 interpreted by them to constitute a violation of this
29 subchapter; nor shall failure to use a child passenger restraint
30 system or safety seat belt system be considered as contributory
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1 negligence nor shall failure to use such a system be admissible
2 as evidence in the trial of any civil action; nor shall this
3 subchapter] Failure to use a child passenger restraint system or
4 safety seat belt system, as required by this subchapter, may be
5 admitted as evidence in a civil action to prove the extent to
6 which injuries sustained would have been avoided or reduced by
7 compliance with this subchapter. This subchapter shall not
8 impose any legal obligation upon or impute any civil liability
9 whatsoever to an owner, employer, manufacturer, dealer or person
10 engaged in the business of renting or leasing vehicles to the
11 public to equip a vehicle with a child passenger restraint
12 system or to have such child passenger restraint system
13 available whenever their vehicle may be used to transport a
14 child.
15 * * *
16 § 4585. Use of information or evidence of violation of
17 subchapter.
18 [The] Except as provided in section 4581(e) (relating to
19 restraint systems), the requirements of this subchapter or
20 evidence of a violation of this subchapter may not be used by an
21 insurer for any purpose.
22 Section 2. This act shall take effect in 60 days.
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