11 SB88/AP
Senate
Bill 88
By:
Senators Mullis of the 53rd, Staton of the 18th, Grant of the 25th, Brown of the
26th, Murphy of the 27th and others
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating
to equipment and inspection of motor vehicles, so as to increase age
requirements for use of child restraint systems; 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.
Chapter
8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment
and inspection of motor vehicles, is amended by revising of subsections (b) and
(d) of Code Section 40-8-76, relating to safety belts and child restraint
systems, as follows:
"(b)(1)
Every driver who transports a child under
six
eight
years of age in a passenger automobile, van, or pickup truck, other than a
taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as
defined by Code Section 16-5-20, shall, while such motor vehicle is in motion
and operated on a public road, street, or highway of this state, provide for the
proper restraint of such child in a child passenger restraining system
appropriate for such child's height and weight and approved by the United States
Department of Transportation under provisions of Federal Motor Vehicle Safety
Standard 213 in effect on January 1, 1983, or at the time of manufacture,
subject to the following specific requirements and exceptions:
(A)
Any such child weighing at least 40 pounds may be secured by a lap belt
when:
(i)
The vehicle is not equipped with both lap and shoulder belts; or
(ii)
Not including the driver's seat, the vehicle is equipped with one or more lap
and shoulder belts that are all being used to properly restrain other
children;
(B)
Any such child shall be properly restrained in a rear seat of the motor vehicle
consistent with the requirements of this paragraph. If the vehicle has no rear
seating position appropriate for correctly restraining a child or all
appropriate rear seating positions are occupied by other children, any such
child may be properly restrained in a front seat consistent with the
requirements of this paragraph;
(C)
A driver shall not be deemed to be complying with the provisions of this
paragraph unless any child passenger restraining system required by this
paragraph is installed and being used in accordance with the manufacturer's
directions for such system; and
(D)
The provisions of this paragraph shall not apply when the child's parent or
guardian either obtains a physician's written statement that a physical or
medical condition of the child prevents placing or restraining him or her in the
manner required by this paragraph. If the parent or guardian can show the
child's height is over 4 feet and 9 inches, such child shall be restrained in a
safety belt as required in Code Section 40-8-76.1.
(2)
Upon a first conviction of an offense under this subsection, the defendant shall
be punished by a fine of not more than $50.00, except in the case of a child who
is
five
six or
seven years of age, if the defendant shows
to the court having jurisdiction of the case that a child passenger restraining
system meeting the applicable requirements of this subsection has been purchased
by him or her after the time of the offense and prior to the court appearance,
the court may waive or suspend the fine for such first conviction. This
exception shall apply until January 1,
2005
2012.
Upon a second or subsequent conviction of an offense under this subsection, the
defendant shall be punished by a fine of not more than $100.00. No court shall
impose any additional fees or surcharges to a fine for such a violation. The
court imposing a fine for any violation of this Code section shall forward a
record of the disposition of the cases
annually
to the Department of
Public
Safety
Driver
Services for the sole purpose of data
collection on a county by county basis."
"(d)
The provisions of this Code section shall not apply to buses, as defined in
paragraph (7) of Code Section 40-1-1, used in the transport of children over
four years of age until July 1,
2007
2012,
provided that the bus is operated by a licensed or commissioned child care
facility, has a current annual transportation safety inspection certificate as
required by the appropriate licensing body, and has evidence of being inspected
for use by a child care facility. If the bus is not a school bus, as defined in
paragraph (55) of Code Section 40-1-1, or a multifunction school activities bus,
as defined in 49 C.F.R. 571.3(B), each child over four years of age and under
six
eight
years of age shall be properly restrained by a
safety
belt
child
passenger restraining system.
Multifunction school activities buses, as defined in 49 C.F.R. 571.3(B), shall
not be required to transport children five years of age
or
older in a child passenger restraining
system."
SECTION
2.
Said
chapter is further amended by revising paragraph (3) of subsection (e) of Code
Section 40-8-76.1, relating to use of safety belts in passenger vehicles, as
follows:
"(3)
Each minor
six
eight
years of age or older who is an occupant of a passenger vehicle shall, while
such passenger vehicle is being operated on a public road, street, or highway of
this state, be restrained by a seat safety belt approved under Federal Motor
Vehicle Safety Standard 208. In any case where a minor passenger
six
eight
years of age or older fails to comply with the requirements of this paragraph,
the driver of the passenger vehicle shall be guilty of the offense of failure to
secure a seat safety belt on a minor and, upon conviction thereof, may be fined
not more than $25.00. The court imposing such a fine shall forward a record of
the court disposition of the case of failure to secure a seat safety belt on a
minor to the Department of Driver Services."
SECTION
3.
This
Act shall become effective on July 1, 2011.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.