09 LC 21
0282S
The
Senate Judiciary Committee offered the following substitute to SB
23:
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 change the
definition of the term "passenger vehicle"; to provide that the failure to use
safety belts shall not be a basis for the cancellation of insurance coverage or
an increase in rates; to provide for related matters; 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 subsections
(a) and (d) of Code Section 40-8-76.1, relating to use of safety belts in
passenger vehicles, as follows:
"(a)
As used in this Code section, the term 'passenger vehicle' means every motor
vehicle,
including, but not limited to, pickup trucks, vans, and sport utility
vehicles, designed to carry ten passengers
or
less
fewer
and used for the transportation of
persons;
provided, however, that such term shall not include motorcycles; motor driven
cycles; or off-road vehicles or pickup trucks being used by an owner, driver, or
occupant 18 years of age or older in connection with agricultural pursuits that
are usual and normal to the user's farming
operation
but shall
not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped
for off-road use, provided that the term 'passenger vehicle' includes any sport
utility vehicle and also includes pickup trucks for any occupant who is under 18
years of age."
"(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laws and parts of laws in conflict with this Act are repealed.