PRIOR PRINTER'S NO. 1134 PRINTER'S NO. 1183
No. 978 Session of 1999
INTRODUCED BY WAGNER, MAY 17, 1999
SENATOR MADIGAN, TRANSPORTATION, AS AMENDED, JUNE 8, 1999
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. Section 4581(a), (b) and (e) of Title 75 of the
6 Pennsylvania Consolidated Statutes are amended to read:
7 § 4581. Restraint systems.
8 (a) Occupant protection.--
9 (1) Any person who is operating a passenger car, Class I
10 truck, Class II truck, classic motor vehicle, antique motor
11 vehicle or motor home and who transports a child under four
12 years of age anywhere in the motor vehicle, including the
13 cargo area, shall fasten such child securely in a child
14 passenger restraint system, as defined in subsection (d).
15 This subsection shall apply to all persons while they are
16 operators of motor vehicles where a seating position is
17 available which is equipped with a seat safety belt or other
1 means to secure the systems or where the seating position was
2 originally equipped with seat safety belts.
3 (1.1) Except as provided in paragraph (1), each driver
4 and occupant under 18 years of age in a passenger car, Class
5 I truck, Class II truck or motor home operated in this
6 Commonwealth shall wear a properly adjusted and fastened
7 safety seat belt system. The driver of a passenger automobile
8 shall secure or cause to be secured in a properly adjusted
9 and fastened safety seat belt system any occupant in the
10 vehicle who is four years of age or older and under 18 years
11 of age. A CONVICTION UNDER THIS PARAGRAPH BY STATE OR LOCAL <--
12 LAW ENFORCEMENT AGENCIES SHALL OCCUR ONLY AS A SECONDARY
13 ACTION WHEN A DRIVER OF A MOTOR VEHICLE HAS BEEN CONVICTED OF
14 ANY OTHER PROVISION OF THIS TITLE OCCURRING AS A RESULT OF
15 THE SAME INCIDENT.
16 (2) Except [for children under four years of age and
17 except] as provided in [paragraph (1)] paragraphs (1) and
18 (1.1), each driver and [front seat] occupant of a passenger
19 car, Class I truck, Class II truck or motor home operated in
20 this Commonwealth shall wear a properly adjusted and fastened
21 safety seat belt system. A conviction under this paragraph by
22 State or local law enforcement agencies shall occur only as a
23 secondary action when a driver of a motor vehicle has been
24 convicted of any other provision of this title. The driver of
25 a passenger automobile shall secure or cause to be secured in
26 a properly adjusted and fastened safety seat belt system any
27 occupant in the [front seat] vehicle who is four years of age
28 or older and [less than] under 18 years of age. [This
29 paragraph shall not apply to:]
30 (3) Paragraphs (1.1) and (2) shall not apply to:
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1 (i) A driver or [front seat] occupant of any vehicle
2 manufactured before July 1, 1966.
3 (ii) A driver or [front seat] occupant of any
4 vehicle who possesses a written verification from a
5 physician that he is unable to wear a safety seat belt
6 system for physical or medical reasons, or from a
7 psychiatrist or other specialist qualified to make an
8 informed judgment that he is unable to wear a safety seat
9 belt system for psychological reasons.
10 (iii) A rural letter carrier while operating any
11 motor vehicle during the performance of his duties as a
12 United States postal service rural letter carrier only
13 between the first and last delivery points.
14 (iv) A driver who makes frequent stops and is
15 traveling less than 15 miles per hour for the purpose of
16 delivering goods or services while in the performance of
17 his duties and only between the first and last delivery
18 points.
19 (4) A violation of this [paragraph] subsection shall not
20 be subject to the assessment of any points under section 1535
21 (relating to schedule of convictions and points).
22 (b) Offense.--
23 (1) Anyone who fails to comply with the provisions of
24 subsection (a)(1) [shall be guilty of] commits a summary
25 offense with a maximum fine of [$25] $50. The court imposing
26 and collecting any such fines shall transfer the fines thus
27 collected to the State Treasurer for deposit in the Child
28 Passenger Restraint Fund, pursuant to section 4582 (relating
29 to Child Passenger Restraint Fund).
30 (2) Anyone who violates subsection (a)(1.1) commits a
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1 summary offense and shall, upon conviction, be sentenced to
2 pay a fine of $50. Anyone who violates subsection (a)(2)
3 commits a summary offense and shall, upon conviction, be
4 sentenced to pay a fine of [$10] $35.
5 (3) No [persons] person shall be convicted of a
6 violation of subsection [(a)(2)] (a)(1.1) or (2) unless the
7 person is also convicted of another violation of this title
8 which occurred at the same time. No costs as described in 42
9 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for
10 summary conviction of subsection (a)(2).
11 (4) Conviction under this subsection shall not
12 constitute a moving violation.
13 * * *
14 (e) Civil actions.--In no event shall a violation or alleged
15 violation of this subchapter be used as evidence in a trial of
16 any civil action; nor shall any jury in a civil action be
17 instructed that any conduct did constitute or could be
18 interpreted by them to constitute a violation of this
19 subchapter; nor shall failure to use a child passenger restraint
20 system [or], safety seat belt system or failure to secure or
21 cause to be secured any occupant who is four years of age or
22 older and under 18 years of age be considered as contributory
23 negligence nor shall failure to use such a system as required by
24 subsection (a)(1.1) (A)(1), (1.1) or (2) be admissible as <--
25 evidence in the trial of any civil action; nor shall this
26 subchapter impose any legal obligation upon or impute any civil
27 liability whatsoever to an owner, employer, manufacturer, dealer
28 or person engaged in the business of renting or leasing vehicles
29 to the public to equip a vehicle with a child passenger
30 restraint system or to have such child passenger restraint
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1 system available whenever their vehicle may be used to transport
2 a child.
3 * * *
4 Section 2. This act shall take effect in 60 days.
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