Read the full stored bill text
House
File
2179
-
Introduced
HOUSE
FILE
2179
BY
SITZMANN
A
BILL
FOR
An
Act
requiring
the
use
of
safety
belts
or
safety
harnesses
1
by
passengers
of
motor
vehicles,
and
making
penalties
2
applicable.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6607HH
(1)
91
th/ns
H.F.
2179
Section
1.
Section
321.445,
subsection
2,
paragraph
a,
Code
1
2026,
is
amended
to
read
as
follows:
2
a.
The
driver
and
front
seat
occupants
passengers
of
a
3
type
of
motor
vehicle
that
is
subject
to
registration
in
Iowa,
4
except
a
motorcycle
or
a
motorized
bicycle,
shall
each
wear
a
5
properly
adjusted
and
fastened
safety
belt
or
safety
harness
6
any
time
the
vehicle
is
in
forward
motion
on
a
street
or
7
highway
in
this
state
,
except
that
a
child
under
eighteen
years
8
of
age
shall
be
secured
as
required
under
section
321.446
.
9
Sec.
2.
Section
321.445,
subsection
2,
paragraph
b,
10
subparagraphs
(1),
(2),
and
(6),
Code
2026,
are
amended
to
read
11
as
follows:
12
(1)
The
driver
or
front
seat
occupants
and
passengers
of
a
13
motor
vehicle
which
is
not
required
to
be
equipped
with
safety
14
belts
or
safety
harnesses.
15
(2)
The
driver
and
front
seat
occupants
passengers
of
a
16
motor
vehicle
who
are
actively
engaged
in
work
which
requires
17
them
to
alight
from
and
reenter
the
vehicle
at
frequent
18
intervals,
providing
the
vehicle
does
not
exceed
twenty-five
19
miles
per
hour
between
stops.
20
(6)
Front
seat
occupants
Passengers
of
an
authorized
21
emergency
vehicle
while
they
are
being
transported
in
an
22
emergency.
However,
this
exemption
does
not
apply
to
the
23
driver
of
the
authorized
emergency
vehicle.
24
Sec.
3.
Section
321.445,
subsections
3
and
5,
Code
2026,
are
25
amended
to
read
as
follows:
26
3.
The
driver
and
front
seat
passengers
may
be
each
charged
27
separately
for
improperly
used
or
nonused
equipment
under
28
subsection
2
.
However,
the
driver
shall
not
be
charged
for
a
29
violation
committed
by
a
passenger
who
is
fourteen
years
of
30
age
or
older
unless
the
passenger
is
unable
to
properly
fasten
31
a
seat
safety
belt
or
safety
harness
due
to
a
temporary
or
32
permanent
disability.
The
owner
of
the
motor
vehicle
may
be
33
charged
for
equipment
violations
under
subsection
1
.
34
5.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
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providing
exceptions
from
application
of
subsections
1
and
2
1
for
front
seats
and
front
seat
passengers
of
motor
vehicles
2
owned,
leased,
rented,
or
primarily
used
by
persons
with
3
disabilities
who
use
collapsible
wheelchairs.
4
Sec.
4.
Section
321.446,
subsection
3,
paragraph
d,
Code
5
2026,
is
amended
by
striking
the
paragraph.
6
Sec.
5.
Section
321.446,
subsection
4,
paragraphs
b
and
c,
7
Code
2026,
are
amended
to
read
as
follows:
8
b.
If
a
passenger
fourteen
years
of
age
or
older
is
unable
9
to
properly
fasten
a
seatbelt
safety
belt
or
safety
harness
10
due
to
a
temporary
or
permanent
disability,
an
operator
who
11
transports
such
a
person
in
violation
of
subsection
2
may
12
be
charged
with
a
violation
of
this
section
.
Otherwise,
13
a
passenger
fourteen
years
of
age
or
older
who
violates
14
subsection
2
shall
be
charged
in
lieu
of
the
operator.
15
c.
If
a
child
under
fourteen
years
of
age,
or
a
child
16
fourteen
years
of
age
or
older
who
is
unable
to
fasten
a
17
seatbelt
safety
belt
or
safety
harness
due
to
a
temporary
or
18
permanent
disability,
is
being
transported
in
a
taxicab
or
19
in
a
personal
vehicle
operated
by
a
transportation
network
20
company
driver,
as
defined
in
section
321N.1
,
in
a
manner
21
that
is
not
in
compliance
with
subsection
1
or
2
,
the
parent,
22
legal
guardian,
or
other
responsible
adult
traveling
with
the
23
child
shall
be
served
with
a
citation
for
a
violation
of
this
24
section
in
lieu
of
the
taxicab
operator
or
transportation
25
network
company
driver.
Otherwise,
if
a
passenger
being
26
transported
in
the
taxicab
or
in
a
personal
vehicle
operated
by
27
a
transportation
network
company
driver
is
fourteen
years
of
28
age
or
older,
the
citation
shall
be
served
on
the
passenger
in
29
lieu
of
the
taxicab
operator
or
transportation
network
company
30
driver.
31
EXPLANATION
32
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
33
the
explanation’s
substance
by
the
members
of
the
general
assembly.
34
Under
current
law,
Code
section
321.445
(safety
belts
and
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safety
harnesses)
requires
drivers
and
front
seat
occupants
1
of
motor
vehicles
who
are
18
years
of
age
or
older
to
wear
a
2
properly
adjusted
and
fastened
safety
belt
or
safety
harness
3
any
time
the
vehicle
is
in
forward
motion
on
a
street
or
4
highway.
This
bill
applies
the
requirement
to
all
passengers
5
of
the
vehicle
who
are
18
years
of
age
or
older.
The
bill
makes
6
corresponding
changes
to
the
exceptions,
charging
provisions,
7
and
rulemaking
provisions
of
Code
section
321.445.
8
Code
section
321.446
(child
restraint
devices)
requires
9
children
under
18
years
of
age
to
be
secured
during
transit
by
10
a
child
restraint
system,
safety
belt,
or
safety
harness.
The
11
bill
strikes
a
provision
in
Code
section
321.446
that
exempts
12
children
occupying
the
back
seat
of
a
motor
vehicle
from
having
13
to
be
secured
during
transit
by
a
child
restraint
system,
14
safety
belt,
or
safety
harness
if
no
safety
belt
is
available
15
because
all
safety
belts
are
being
used
by
other
occupants
or
16
cannot
be
used
due
to
the
use
of
a
child
restraint
system
in
the
17
seating
position
for
which
a
belt
is
provided.
18
The
bill
makes
the
use
of
the
terms
“passenger”,
“safety
19
belt”,
and
“safety
harness”
consistent
throughout
Code
sections
20
321.445
and
321.446.
21
A
violation
of
Code
section
321.445
is
punishable
by
a
22
scheduled
fine
of
$70.
A
violation
of
Code
section
321.446
23
is
punishable
by
a
scheduled
fine
of
$135.
The
department
of
24
transportation
is
prohibited
from
considering
either
violation
25
in
determining
an
offender’s
driver’s
license
suspension
under
26
Code
section
321.210
or
habitual
offender
status
under
Code
27
section
321.555.
28
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