23 LC 39 3621
S. B. 196
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Senate Bill 196
By: Senators Watson of the 1st, Kennedy of the 18th, Gooch of the 51st, Robertson of the
29th, Anavitarte of the 31st and others
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
1
Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and2
energy absorption systems, so as to provide for the failure to wear a safety belt or safety3
restraints for children as admissible evidence in civil actions; to provide for legislative4
declaration and intent; to prohibit the failure to wear a safety belt or safety restraints for5
children as a basis for cancellation of insurance coverage; to provide for related matters; to6
repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
The General Assembly finds and declares that the use of safety belts in motor vehicles saves10
lives. In order to encourage safety belt usage in this state and decrease the number of lives11
lost on Georgia highways, legislative action is needed to ensure that the costs relating to the12
decision not to use a safety belt are borne by the person failing to secure their own safety and13
not others. To the extent that decisions by Georgia courts limit the purposes for which14
failure to use a safety belt may be admitted as evidence or create additional conditions for15 23 LC 39 3621
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the consideration of such evidence, such decisions are not aligned with the intent and purpose
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of this Act.17
SECTION 2.18
Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated,19
relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy20
absorption systems, is amended in Code Section 40-8-76, relating to safety belts required as21
equipment and safety restraints for children, by revising subsection (c) as follows:22
"(c) Violation of this Code section shall not constitute negligence per se nor contributory
23
negligence per se may be considered in any civil action as evidence admissible on the24
issues of failure to mitigate damages, assumption of risk, apportionment of fault,25
negligence, comparative negligence, contributory negligence, or causation. Violation of26
subsection (b) of this Code section shall not be the basis for cancellation of coverage or27
increase in insurance rates."28
SECTION 3.29
Said part is further amended by revising Code Section 40-8-76.1, relating to use of safety30
belts in passenger vehicles, as follows:31
"40-8-76.1.32
(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle,33
including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to34
carry 15 passengers or fewer and used for the transportation of persons; provided, however,35
that such term shall not include motorcycles; or motor driven cycles; or off-road vehicles36
or pickup trucks being used by an owner, driver, or occupant 18 years of age or older in37
connection with agricultural pursuits that are usual and normal to the user's farming38
operation; and provided, further, that such term shall not include motor vehicles designed39 23 LC 39 3621
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to carry 11 to 15 passengers which were manufactured prior to July 1, 2015, and which, as
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of such date, did not have manufacturer installed seat safety belts.41
(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger42
vehicle is being operated on a public road, street, or highway of this state, be restrained by43
a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.44
(c) The requirement of subsection (b) of this Code section shall not apply to:45
(1) A driver or passenger frequently stopping and leaving the vehicle or delivering46
property from the vehicle, if the speed of the vehicle between stops does not exceed 1547
miles per hour;48
(2) A driver or passenger possessing a written statement from a physician that such49
person is unable, for medical or physical reasons, to wear a seat safety belt;50
(3) A driver or passenger possessing an official certificate or license endorsement issued51
by the appropriate agency in another state or country indicating that the driver is unable52
for medical, physical, or other valid reasons to wear a seat safety belt;53
(4) A driver operating a passenger vehicle in reverse;54
(5) A passenger vehicle with a model year prior to 1965;55
(6) A passenger vehicle which is not required to be equipped with seat safety belts under56
federal law;57
(7) A passenger vehicle operated by a rural letter carrier of the United States Postal58
Service while performing duties as a rural letter carrier;59
(8) A passenger vehicle from which a person is delivering newspapers; or
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(9) A passenger vehicle performing an emergency service; or61
(10) Off-road vehicles or pickup trucks being used by an owner, driver, or occupant 1862
years of age or older in connection with agricultural pursuits that are usual and normal63
to the user's farming operation.64
(d)(1) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat65
of a motor vehicle which has a seat safety belt or belts shall not be considered evidence66 23 LC 39 3621
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of negligence or causation, shall not otherwise be considered by the finder of fact on any67
question of liability of any person, corporation, or insurer, shall not be any basis for68
cancellation of coverage or increase in insurance rates, and shall not may be considered69
in any civil action as evidence admissible on the issues of failure to mitigate damages,70
assumption of risk, apportionment of fault, negligence, comparative negligence,71
contributory negligence, or causation and may be evidence used to diminish any recovery72
for damages arising out of the ownership, maintenance, occupancy, or operation of a73
motor vehicle.74
(2) The failure of an occupant of a passenger vehicle to wear a seat safety belt in any seat75
of a motor vehicle which has a seat safety belt or belts shall not be the basis for76
cancellation of insurance coverage.77
(e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person78
failing to comply with the requirements of subsection (b) of this Code section shall not79
be guilty of any criminal act and shall not be guilty of violating any ordinance. A80
violation of this Code section shall not be a moving traffic violation for purposes of Code81
Section 40-5-57.82
(2) A person failing to comply with the requirements of subsection (b) of this Code83
section shall be guilty of the offense of failure to wear a seat safety belt and, upon84
conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 1185
of Title 17 and any other provision of law to the contrary notwithstanding, the costs of86
such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to87
a fine for such offense be assessed against a person for conviction thereof. The court88
imposing such fine shall forward a record of the disposition of the case of failure to wear89
a seat safety belt to the Department of Driver Services.90
(3) Each minor eight years of age or older who is an occupant of a passenger vehicle91
shall, while such passenger vehicle is being operated on a public road, street, or highway92
of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle93 23 LC 39 3621
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Safety Standard 208. In any case where a minor passenger eight years of age or older
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fails to comply with the requirements of this paragraph, the driver of the passenger95
vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and,96
upon conviction thereof, may be fined not more than $25.00. The court imposing such97
a fine shall forward a record of the court disposition of the case of failure to secure a seat98
safety belt on a minor to the Department of Driver Services.99
(f) Probable cause for violation of this Code section shall be based solely upon a law100
enforcement officer's clear and unobstructed view of a person not restrained as required by101
this Code section. Noncompliance with the restraint requirements of this Code section102
shall not constitute probable cause for violation of any other Code section."103
SECTION 4.104
All laws and parts of laws in conflict with this Act are repealed.105