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The Senate Committee on Transportation offered the following substitute to SB 196:
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 Georgia1
Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and2
energy absorption systems, so as to provide admissibility of safety belt or safety restraint3
usage as evidence in civil actions; to provide for legislative declaration and intent; to prohibit4
the failure to wear a safety belt or safety restraints for children as a basis for cancellation of5
insurance coverage; to provide for related matters; to repeal conflicting laws; and for other6
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 3829S
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the consideration of such evidence, such decisions are not aligned with the intent and purpose16
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 contributory23
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 3829S
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to carry 11 to 15 passengers which were manufactured prior to July 1, 2015, and which, as40
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; or60
(9) A passenger vehicle performing an emergency service;61
(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; or64 23 LC 39 3829S
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(11) A passenger in a vehicle during a trip requested through a ride share network65
service, transportation referral service, or limousine carrier as such terms are defined in66
Code Section 40-1-90.67
(d)(1) The failure of to wear or the wearing of a seat safety belt by an occupant of a68
motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat69
safety belt or belts shall not be considered evidence of negligence or causation, shall not70
otherwise be considered by the finder of fact on any question of liability of any person,71
corporation, or insurer, shall not be any basis for cancellation of coverage or increase in72
insurance rates, and shall not may be considered in any civil action as evidence73
admissible on the issues of failure to mitigate damages, assumption of risk,74
apportionment of fault, negligence, comparative negligence, contributory negligence, or75
causation and may be evidence used to diminish any recovery for damages arising out of76
the ownership, maintenance, occupancy, or operation of a motor vehicle.77
(2) The failure of an occupant of a passenger vehicle to wear a seat safety belt in any seat78
of a motor vehicle which has a seat safety belt or belts shall not be the basis for79
cancellation of insurance coverage.80
(e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person81
failing to comply with the requirements of subsection (b) of this Code section shall not82
be guilty of any criminal act and shall not be guilty of violating any ordinance. A83
violation of this Code section shall not be a moving traffic violation for purposes of Code84
Section 40-5-57.85
(2) A person failing to comply with the requirements of subsection (b) of this Code86
section shall be guilty of the offense of failure to wear a seat safety belt and, upon87
conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 1188
of Title 17 and any other provision of law to the contrary notwithstanding, the costs of89
such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to90
a fine for such offense be assessed against a person for conviction thereof. The court91 23 LC 39 3829S
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imposing such fine shall forward a record of the disposition of the case of failure to wear92
a seat safety belt to the Department of Driver Services.93
(3) Each minor eight years of age or older who is an occupant of a passenger vehicle94
shall, while such passenger vehicle is being operated on a public road, street, or highway95
of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle96
Safety Standard 208. In any case where a minor passenger eight years of age or older97
fails to comply with the requirements of this paragraph, the driver of the passenger98
vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and,99
upon conviction thereof, may be fined not more than $25.00. The court imposing such100
a fine shall forward a record of the court disposition of the case of failure to secure a seat101
safety belt on a minor to the Department of Driver Services.102
(f) Probable cause for violation of this Code section shall be based solely upon a law103
enforcement officer's clear and unobstructed view of a person not restrained as required by104
this Code section. Noncompliance with the restraint requirements of this Code section105
shall not constitute probable cause for violation of any other Code section."106
SECTION 4.107
All laws and parts of laws in conflict with this Act are repealed.108