24 LC 39 4397S
The House Committee on Motor Vehicles offers the following substitute to SB 547:
A BILL TO BE ENTITLED
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and1
traffic, so as to revise a definition to update the reference date to federal regulations2
regarding the safe operation of motor carriers and commercial motor vehicles; to provide for3
the failure to wear a safety belt or safety restraints for children as admissible evidence in civil4
actions; to require all occupants other than children under eight in certain motor vehicles to5
wear a safety belt; to provide for an exception for children under eight who are properly6
restrained; to provide for penalties; to provide for related matters; to repeal conflicting laws;7
and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is11
amended in Code Section 40-1-8, relating to safe operations of motor carriers, commercial12
motor vehicles, and drivers and safe transportation of hazardous materials, by revising13
subsection (a) as follows:14
"(a) As used in this Code section, the term:15
(1) 'Commissioner' means the commissioner of public safety.16
S. B. 547 (SUB)
- 1 - 24 LC 39 4397S
(2) 'Department' means the Department of Public Safety.17
(3) 'Present regulations' means the regulations promulgated under 49 C.F.R. in force and18
effect on January 1, 2023 2024."19
SECTION 2.20
Said title is further 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 the issue24
of failure to mitigate damages, assumption of risk, apportionment of fault, negligence,25
comparative negligence, contributory negligence, or causation. Violation of subsection (b)26
of this Code section shall not be the basis for cancellation of coverage or increase in27
insurance rates."28
SECTION 3.29
Said title 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; motor driven cycles; or off-road vehicles or36
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
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
S. B. 547 (SUB)
- 2 - 24 LC 39 4397S
(b) Except as provided for in Code Section 40-8-76 regarding safety restraints for children42
under eight years of age, each occupant Each occupant of the front seat of a passenger43
vehicle shall, while such passenger vehicle is being operated on a public road, street, or44
highway of this state, be restrained by a seat safety belt approved under Federal Motor45
Vehicle Safety Standard 208.46
(c) The requirement of subsection (b) of this Code section shall not apply to:47
(1) A driver or passenger frequently stopping and leaving the vehicle or delivering48
property from the vehicle, if the speed of the vehicle between stops does not exceed 1549
miles per hour;50
(2) A driver or passenger possessing a written statement from a physician that such51
person is unable, for medical or physical reasons, to wear a seat safety belt;52
(3) A driver or passenger possessing an official certificate or license endorsement issued53
by the appropriate agency in another state or country indicating that the driver is unable54
for medical, physical, or other valid reasons to wear a seat safety belt;55
(4) A driver operating a passenger vehicle in reverse;56
(5) A passenger vehicle with a model year prior to 1965;57
(6) A passenger vehicle which is not required to be equipped with seat safety belts under58
federal law;59
(7) A passenger vehicle operated by a rural letter carrier of the United States Postal60
Service while performing duties as a rural letter carrier;61
(8) A passenger vehicle from which a person is delivering newspapers; or62
(9) A passenger vehicle performing an emergency service.63
(d) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of64
a motor vehicle which has a seat safety belt or belts shall not be considered evidence of65
negligence or causation, shall not otherwise be considered by the finder of fact on any66
question of liability of any person, corporation, or insurer, shall not be any basis for67
cancellation of coverage or increase in insurance rates, and shall not and may be considered68
S. B. 547 (SUB)
- 3 - 24 LC 39 4397S
in any civil action as evidence admissible on the issue of failure to mitigate damages,69
assumption of risk, apportionment of fault, negligence, comparative negligence,70
contributory negligence, or causation and may be evidence used to diminish any recovery71
for damages arising out of the ownership, maintenance, occupancy, or operation of a motor72
vehicle.73
(e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person74
failing to comply with the requirements of subsection (b) of this Code section shall not75
be guilty of any criminal act and shall not be guilty of violating any ordinance. A76
violation of this Code section shall not be a moving traffic violation for purposes of Code77
Section 40-5-57.78
(2) A person failing to comply with the requirements of subsection (b) of this Code79
section shall be guilty of the offense of failure to wear a seat safety belt and, upon80
conviction thereof, may be fined not more than $15.00 $25.00; but, the provisions of81
Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the82
costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or83
surcharge to a fine for such offense be assessed against a person for conviction thereof. 84
The court imposing such fine shall forward a record of the disposition of the case of85
failure to wear a seat safety belt to the Department of Driver Services.86
(3) Each minor eight years of age or older who is an occupant of a passenger vehicle87
shall, while such passenger vehicle is being operated on a public road, street, or highway88
of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle89
Safety Standard 208. In any case where a minor passenger eight years of age or older90
fails to comply with the requirements of this paragraph Code section, the driver of the91
passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on92
a minor and, upon conviction thereof, may be fined not more than $25.00 $50.00. The93
court imposing such a fine shall forward a record of the court disposition of the case of94
failure to secure a seat safety belt on a minor to the Department of Driver Services.95
S. B. 547 (SUB)
- 4 - 24 LC 39 4397S
(f) Probable cause for violation of this Code section shall be based solely upon a law96
enforcement officer's clear and unobstructed view of a person not restrained as required by97
this Code section. Noncompliance with the restraint requirements of this Code section98
shall not constitute probable cause for violation of any other Code section."99
SECTION 4.100
All laws and parts of laws in conflict with this Act are repealed.101
S. B. 547 (SUB)
- 5 -