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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
694
BY
JUDICIARY,
RULES
AND
ADMINISTRATION
COMMITTEE
AN
ACT
1
RELATING
TO
RULES
OF
THE
ROAD;
AMENDING
SECTION
49
-
673,
IDAHO
CODE,
TO
RE
-
2
VISE
PROVISIONS
REGARDING
FAILURE
TO
USE
A
SAFETY
RESTRAINT
AND
TO
MAKE
3
TECHNICAL
CORRECTIONS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EF
-
4
FECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
49
-
673,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
49
-
673.
SAFETY
RESTRAINT
USE.
(1)
Except
as
provided
in
section
9
49
-
672,
Idaho
Code,
and
subsection
(2)
of
this
section,
each
occupant
of
a
10
motor
vehicle
that
has
a
gross
vehicle
weight
of
not
more
than
eight
thousand
1
1
(8,000)
pounds,
and
that
was
manufactured
with
safety
restraints
in
compli
-
12
ance
with
federal
motor
vehicle
safety
standard
no.
208,
shall
have
a
safety
13
restraint
properly
fastened
about
the
occupant's
body
at
all
times
when
the
14
vehicle
is
in
motion.
15
(2)
The
provisions
of
this
section
shall
not
apply
to:
16
(a)
An
occupant
of
a
motor
vehicle
who
possesses
a
written
statement
17
from
a
licensed
physician
that
the
occupant
is
unable
for
medical
rea
-
18
sons
to
wear
a
safety
restraint;
19
(b)
Occupants
of
motorcycles,
implements
of
husbandry
and
emergency
20
vehicles;
21
(c)
Occupants
of
seats
of
a
motor
vehicle
in
which
all
safety
restraints
22
are
then
properly
in
use
by
other
occupants
of
that
vehicle;
or
23
(d)
Mail
carriers
only
if
all
vehicle
regulations
and
safety
practices
24
of
the
United
States
postal
service
are
adhered
to.
25
(3)(a)
A
citation
may
be
issued
to:
26
(i)
Any
occupant
of
the
motor
vehicle
who
is
age
eighteen
(18)
27
years
or
older
and
fails
to
wear
a
safety
restraint
as
required
in
28
this
section;
and
29
(ii)
The
operator
of
the
motor
vehicle
who
is
age
eighteen
(18)
30
years
or
older
if
any
occupant
under
eighteen
(18)
years
of
age
31
fails
to
wear
a
safety
restraint
as
required
in
this
section.
32
For
purposes
of
this
subparagraph,
it
shall
be
deemed
a
single
33
violation
regardless
of
the
number
of
occupants
not
properly
re
-
34
strained.
35
(b)
A
person
issued
a
citation
pursuant
to
this
subsection
shall
be
sub
-
36
ject
to
a
fine
of
ten
dollars
($10.00).
A
conviction
under
this
subsec
-
37
tion
shall
not
result
in
violation
point
counts
as
prescribed
in
section
38
49
-
326,
Idaho
Code,
nor
shall
such
a
conviction
be
deemed
to
be
a
moving
39
traffic
violation
for
the
purpose
of
establishing
rates
of
motor
vehi
-
40
cle
insurance
charged
by
a
casualty
insurer.
41
2
(4)
A
citation
may
be
issued
to
the
operator
of
the
motor
vehicle
if
the
1
operator
is
under
eighteen
(18)
years
of
age
and
the
operator
or
any
other
2
occupant
who
is
under
eighteen
(18)
years
of
age
fails
to
wear
a
safety
re
-
3
straint
as
required
in
this
section.
For
purposes
of
this
subsection,
it
4
shall
be
deemed
a
single
violation
regardless
of
the
number
of
occupants
not
5
properly
restrained.
A
person
issued
a
citation
pursuant
to
this
subsection
6
shall
be
subject
to
a
fine
of
ten
dollars
($10.00),
plus
court
costs.
A
con
-
7
viction
under
this
subsection
shall
not
result
in
violation
point
counts
as
8
prescribed
in
section
49
-
326,
Idaho
Code.
In
addition,
a
conviction
under
9
this
subsection
shall
not
be
deemed
to
be
a
moving
traffic
violation
for
the
10
purpose
of
establishing
rates
of
motor
vehicle
insurance
charged
by
a
casu
-
1
1
alty
insurer.
12
(5)
Enforcement
of
this
section
by
law
enforcement
officers
may
be
ac
-
13
complished
only
as
a
secondary
action
when
the
operator
of
the
motor
vehicle
14
has
been
detained
for
a
suspected
violation
of
another
law.
15
(6)
The
department
shall
initiate
and
conduct
an
educational
program,
16
to
the
extent
sufficient
private
donations
or
federal
funds
for
this
spe
-
17
cific
purpose
are
available
to
the
department,
to
encourage
compliance
with
18
the
provisions
of
this
section
and
to
publicize
the
effectiveness
of
use
of
19
safety
restraints
and
other
restraint
devices
in
reducing
risk
of
harm
to
oc
-
20
cupants
of
motor
vehicles.
21
(7)
The
department
shall
evaluate
the
effectiveness
of
the
provisions
22
of
this
section
and
shall
include
a
report
of
its
findings
in
its
annual
eval
-
23
uation
report
on
the
Idaho
highway
safety
plan
,
which
it
submits
to
the
na
-
24
tional
highway
traffic
safety
administration
and
federal
highway
adminis
-
25
tration
pursuant
to
23
U.S.C.
section
402.
26
(8)
The
failure
Failure
to
use
a
safety
restraint
shall
not
be
consid
-
27
ered
under
any
circumstances
as
evidence
of
contributory
or
comparative
neg
-
28
ligence,
nor
shall
such
failure
be
admissible
as
evidence
in
any
civil
action
29
with
regard
to
negligence
for
the
purpose
of
limiting
an
injured
party's
dam
-
30
ages
.
31
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
32
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
33
July
1,
2026.
34