hb200_LC_28_4476_a_2.html
09 LC 28 4476
House Bill 200
By: Representatives Geisinger of the 48th, Reese of the 98th, and Hill of the 21st

A BILL TO BE ENTITLED
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 evidence of causation, negligence, and contributory negligence; to provide for related matters; to provide for an effective date; 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 as required equipment, 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 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 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 3.
This Act shall become effective on July 1, 2009.

SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.