Georgia 2023-2024 Regular Session

Georgia Senate Bill SB196 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	23 LC 39 3829S
	1	+	23 LC 39 3621
	2	+	S. B. 196
2	3		- 1 -
3		-	The Senate Committee on Transportation offered the following substitute to SB 196:
	4	+	Senate Bill 196
	5	+	By: Senators Watson of the 1st, Kennedy of the 18th, Gooch of the 51st, Robertson of the
	6	+	29th, Anavitarte of the 31st and others
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6		-	To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia1
	9	+	To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia
	10	+	1
7	11		Annotated, relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and2
8		-	energy absorption systems, so as to provide ~~admissibility of~~ safety belt or ~~safety restraint3~~
9		-	~~usage~~ as evidence in civil actions; to provide for ~~legislative declaration and intent; to prohibit4~~
10		-	the failure to wear a safety belt or safety restraints ~~for children as a basis for cancellation of5~~
11		-	insurance coverage; to provide for related matters; ~~to repeal conflicting laws; and for other6~~
12		-	purposes.7
	12	+	energy absorption systems, so as to provide for the failure to wear a safety belt or safety3
	13	+	restraints for children as admissible evidence in civil actions; to provide for legislative4
	14	+	declaration and intent; to prohibit the failure to wear a safety belt or safety restraints for5
	15	+	children as a basis for cancellation of insurance coverage; to provide for related matters; to6
	16	+	repeal conflicting laws; and for other purposes.7
13	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
14	18		SECTION 1.9
15	19		The General Assembly finds and declares that the use of safety belts in motor vehicles saves10
16	20		lives. In order to encourage safety belt usage in this state and decrease the number of lives11
17	21		lost on Georgia highways, legislative action is needed to ensure that the costs relating to the12
18	22		decision not to use a safety belt are borne by the person failing to secure their own safety and13
19	23		not others. To the extent that decisions by Georgia courts limit the purposes for which14
20		-	failure to use a safety belt may be admitted as evidence or create additional conditions for15 23 LC 39 3829S
	24	+	failure to use a safety belt may be admitted as evidence or create additional conditions for15 23 LC 39 3621
	25	+	S. B. 196
21	26		- 2 -
22		-	the consideration of such evidence, such decisions are not aligned with the intent and purpose16
	27	+	the consideration of such evidence, such decisions are not aligned with the intent and purpose
	28	+	16
23	29		of this Act.17
24	30		SECTION 2.18
25	31		Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated,19
26	32		relating to horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy20
27	33		absorption systems, is amended in Code Section 40-8-76, relating to safety belts required as21
28	34		equipment and safety restraints for children, by revising subsection (c) as follows:22
29		-	"(c) Violation of this Code section shall not constitute negligence per se nor contributory23
	35	+	"(c) Violation of this Code section shall not constitute negligence per se nor contributory
	36	+	23
30	37		negligence per se may be considered in any civil action as evidence admissible on the24
31	38		issues of failure to mitigate damages, assumption of risk, apportionment of fault,25
32	39		negligence, comparative negligence, contributory negligence, or causation. Violation of26
33	40		subsection (b) of this Code section shall not be the basis for cancellation of coverage or27
34	41		increase in insurance rates."28
35	42		SECTION 3.29
36	43		Said part is further amended by revising Code Section 40-8-76.1, relating to use of safety30
37	44		belts in passenger vehicles, as follows:31
38	45		"40-8-76.1.32
39	46		(a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle,33
40	47		including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to34
41	48		carry 15 passengers or fewer and used for the transportation of persons; provided, however,35
42	49		that such term shall not include motorcycles; or motor driven cycles; or off-road vehicles36
43	50		or pickup trucks being used by an owner, driver, or occupant 18 years of age or older in37
44	51		connection with agricultural pursuits that are usual and normal to the user's farming38
45		-	operation; and provided, further, that such term shall not include motor vehicles designed39 23 LC 39 3829S
	52	+	operation; and provided, further, that such term shall not include motor vehicles designed39 23 LC 39 3621
	53	+	S. B. 196
46	54		- 3 -
47		-	to carry 11 to 15 passengers which were manufactured prior to July 1, 2015, and which, as40
	55	+	to carry 11 to 15 passengers which were manufactured prior to July 1, 2015, and which, as
	56	+	40
48	57		of such date, did not have manufacturer installed seat safety belts.41
49	58		(b) Each occupant of the front seat of a passenger vehicle shall, while such passenger42
50	59		vehicle is being operated on a public road, street, or highway of this state, be restrained by43
51	60		a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.44
52	61		(c) The requirement of subsection (b) of this Code section shall not apply to:45
53	62		(1) A driver or passenger frequently stopping and leaving the vehicle or delivering46
54	63		property from the vehicle, if the speed of the vehicle between stops does not exceed 1547
55	64		miles per hour;48
56	65		(2) A driver or passenger possessing a written statement from a physician that such49
57	66		person is unable, for medical or physical reasons, to wear a seat safety belt;50
58	67		(3) A driver or passenger possessing an official certificate or license endorsement issued51
59	68		by the appropriate agency in another state or country indicating that the driver is unable52
60	69		for medical, physical, or other valid reasons to wear a seat safety belt;53
61	70		(4) A driver operating a passenger vehicle in reverse;54
62	71		(5) A passenger vehicle with a model year prior to 1965;55
63	72		(6) A passenger vehicle which is not required to be equipped with seat safety belts under56
64	73		federal law;57
65	74		(7) A passenger vehicle operated by a rural letter carrier of the United States Postal58
66	75		Service while performing duties as a rural letter carrier;59
67		-	(8) A passenger vehicle from which a person is delivering newspapers; or60
68		-	(9) A passenger vehicle performing an emergency service;61
	76	+	(8) A passenger vehicle from which a person is delivering newspapers; or
	77	+	60
	78	+	(9) A passenger vehicle performing an emergency service; or61
69	79		(10) Off-road vehicles or pickup trucks being used by an owner, driver, or occupant 1862
70	80		years of age or older in connection with agricultural pursuits that are usual and normal63
71		-	to the user's farming operation; or64 23 LC 39 3829S
	81	+	to the user's farming operation.64
	82	+	(d)(1) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat65
	83	+	of a motor vehicle which has a seat safety belt or belts shall not be considered evidence66 23 LC 39 3621
	84	+	S. B. 196
72	85		- 4 -
73		-	(11) A passenger in a vehicle during a trip requested through a ride share network65
74		-	service, transportation referral service, or limousine carrier as such terms are defined in66
75		-	Code Section 40-1-90.67
76		-	(d)(1) The failure of to wear or the wearing of a seat safety belt by an occupant of a68
77		-	motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat69
78		-	safety belt or belts shall not be considered evidence of negligence or causation, shall not70
79		-	otherwise be considered by the finder of fact on any question of liability of any person,71
80		-	corporation, or insurer, shall not be any basis for cancellation of coverage or increase in72
81		-	insurance rates, and shall not may be considered in any civil action as evidence73
82		-	admissible on the issues of failure to mitigate damages, assumption of risk,74
83		-	apportionment of fault, negligence, comparative negligence, contributory negligence, or75
84		-	causation and may be evidence used to diminish any recovery for damages arising out of76
85		-	the ownership, maintenance, occupancy, or operation of a motor vehicle.77
86		-	(2) The failure of an occupant of a passenger vehicle to wear a seat safety belt in any seat78
87		-	of a motor vehicle which has a seat safety belt or belts shall not be the basis for79
88		-	cancellation of insurance coverage.80
89		-	(e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person81
90		-	failing to comply with the requirements of subsection (b) of this Code section shall not82
91		-	be guilty of any criminal act and shall not be guilty of violating any ordinance. A83
92		-	violation of this Code section shall not be a moving traffic violation for purposes of Code84
93		-	Section 40-5-57.85
94		-	(2) A person failing to comply with the requirements of subsection (b) of this Code86
95		-	section shall be guilty of the offense of failure to wear a seat safety belt and, upon87
96		-	conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 1188
97		-	of Title 17 and any other provision of law to the contrary notwithstanding, the costs of89
98		-	such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to90
99		-	a fine for such offense be assessed against a person for conviction thereof. The court91 23 LC 39 3829S
	86	+	of negligence or causation, shall not otherwise be considered by the finder of fact on any67
	87	+	question of liability of any person, corporation, or insurer, shall not be any basis for68
	88	+	cancellation of coverage or increase in insurance rates, and shall not may be considered69
	89	+	in any civil action as evidence admissible on the issues of failure to mitigate damages,70
	90	+	assumption of risk, apportionment of fault, negligence, comparative negligence,71
	91	+	contributory negligence, or causation and may be evidence used to diminish any recovery72
	92	+	for damages arising out of the ownership, maintenance, occupancy, or operation of a73
	93	+	motor vehicle.74
	94	+	(2) The failure of an occupant of a passenger vehicle to wear a seat safety belt in any seat75
	95	+	of a motor vehicle which has a seat safety belt or belts shall not be the basis for76
	96	+	cancellation of insurance coverage.77
	97	+	(e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person78
	98	+	failing to comply with the requirements of subsection (b) of this Code section shall not79
	99	+	be guilty of any criminal act and shall not be guilty of violating any ordinance. A80
	100	+	violation of this Code section shall not be a moving traffic violation for purposes of Code81
	101	+	Section 40-5-57.82
	102	+	(2) A person failing to comply with the requirements of subsection (b) of this Code83
	103	+	section shall be guilty of the offense of failure to wear a seat safety belt and, upon84
	104	+	conviction thereof, may be fined not more than $15.00; but, the provisions of Chapter 1185
	105	+	of Title 17 and any other provision of law to the contrary notwithstanding, the costs of86
	106	+	such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to87
	107	+	a fine for such offense be assessed against a person for conviction thereof. The court88
	108	+	imposing such fine shall forward a record of the disposition of the case of failure to wear89
	109	+	a seat safety belt to the Department of Driver Services.90
	110	+	(3) Each minor eight years of age or older who is an occupant of a passenger vehicle91
	111	+	shall, while such passenger vehicle is being operated on a public road, street, or highway92
	112	+	of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle93 23 LC 39 3621
	113	+	S. B. 196
100	114		- 5 -
101		-	imposing such fine shall forward a record of the disposition of the case of failure to wear92
102		-	a seat safety belt to the Department of Driver Services.93
103		-	(3) Each minor eight years of age or older who is an occupant of a passenger vehicle94
104		-	shall, while such passenger vehicle is being operated on a public road, street, or highway95
105		-	of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle96
106		-	Safety Standard 208. In any case where a minor passenger eight years of age or older97
107		-	fails to comply with the requirements of this paragraph, the driver of the passenger98
108		-	vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and,99
109		-	upon conviction thereof, may be fined not more than $25.00. The court imposing such100
110		-	a fine shall forward a record of the court disposition of the case of failure to secure a seat101
111		-	safety belt on a minor to the Department of Driver Services.102
112		-	(f) Probable cause for violation of this Code section shall be based solely upon a law103
113		-	enforcement officer's clear and unobstructed view of a person not restrained as required by104
114		-	this Code section. Noncompliance with the restraint requirements of this Code section105
115		-	shall not constitute probable cause for violation of any other Code section."106
116		-	SECTION 4.107
117		-	All laws and parts of laws in conflict with this Act are repealed.108
	115	+	Safety Standard 208. In any case where a minor passenger eight years of age or older
	116	+	94
	117	+	fails to comply with the requirements of this paragraph, the driver of the passenger95
	118	+	vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and,96
	119	+	upon conviction thereof, may be fined not more than $25.00. The court imposing such97
	120	+	a fine shall forward a record of the court disposition of the case of failure to secure a seat98
	121	+	safety belt on a minor to the Department of Driver Services.99
	122	+	(f) Probable cause for violation of this Code section shall be based solely upon a law100
	123	+	enforcement officer's clear and unobstructed view of a person not restrained as required by101
	124	+	this Code section. Noncompliance with the restraint requirements of this Code section102
	125	+	shall not constitute probable cause for violation of any other Code section."103
	126	+	SECTION 4.104
	127	+	All laws and parts of laws in conflict with this Act are repealed.105