09 SB23/CSFA/2
Senate
Bill 23
By:
Senators Hawkins of the 49th, Pearson of the 51st, Murphy of the 27th,
Butterworth of the 50th, Thomas of the 54th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of
Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields,
tires, safety belts, and energy absorption systems, so as to provide that the
failure to use safety belts may be considered evidence of causation, negligence;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia
Annotated, relating to horns, exhaust systems, mirrors, windshields, tires,
safety belts, and energy absorption systems, is amended by revising subsection
(c) of Code Section 40-8-76, relating to safety belts required as equipment and
safety restraints for children four years of age or younger, as
follows:
"(c)
Violation of this Code section
shall not
constitute
may be
considered evidence of negligence
per se
nor
or
contributory negligence
per
se. Violation of subsection (b) of this
Code section shall not be the basis for cancellation of coverage or increase in
insurance rates."
SECTION
1.2.
Said
part is further amended by revising subsection (d) of Code Section 40-8-76.1,
relating to use of safety belts in passenger vehicles, as follows:
"(d)
The failure of an occupant of a
motor
passenger
vehicle to wear a seat safety belt in any seat of a motor vehicle which has a
seat safety belt or belts
shall not
be considered evidence of negligence or causation, shall not otherwise be
considered by the finder of fact on any question of liability of any person,
corporation, or insurer, shall not be any
basis for cancellation of coverage or increase in insurance
rates, and
shall not be evidence used to diminish any recovery for damages arising out of
the ownership, maintenance, occupancy, or operation of a motor
vehicle."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.