Senate File 28 - Introduced SENATE FILE 28 BY DAWSON A BILL FOR An Act requiring the use of safety belts or safety harnesses 1 by passengers of motor vehicles, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1261XS (2) 90 th/ns
S.F. 28 Section 1. Section 321.445, subsection 2, paragraph a, Code 1 2023, is amended to read as follows: 2 a. The driver and front seat occupants passengers of a 3 type of motor vehicle that is subject to registration in Iowa, 4 except a motorcycle or a motorized bicycle, shall each wear a 5 properly adjusted and fastened safety belt or safety harness 6 any time the vehicle is in forward motion on a street or 7 highway in this state , except that a child under eighteen years 8 of age shall be secured as required under section 321.446 . 9 Sec. 2. Section 321.445, subsection 2, paragraph b, 10 subparagraphs (1), (2), and (6), Code 2023, are amended to read 11 as follows: 12 (1) The driver or front seat occupants and passengers of a 13 motor vehicle which is not required to be equipped with safety 14 belts or safety harnesses. 15 (2) The driver and front seat occupants passengers of a 16 motor vehicle who are actively engaged in work which requires 17 them to alight from and reenter the vehicle at frequent 18 intervals, providing the vehicle does not exceed twenty-five 19 miles per hour between stops. 20 (6) Front seat occupants Passengers of an authorized 21 emergency vehicle while they are being transported in an 22 emergency. However, this exemption does not apply to the 23 driver of the authorized emergency vehicle. 24 Sec. 3. Section 321.445, subsections 3 and 5, Code 2023, are 25 amended to read as follows: 26 3. The driver and front seat passengers may be each charged 27 separately for improperly used or nonused equipment under 28 subsection 2 . However, the driver shall not be charged for a 29 violation committed by a passenger who is fourteen years of 30 age or older unless the passenger is unable to properly fasten 31 a seat safety belt or safety harness due to a temporary or 32 permanent disability. The owner of the motor vehicle may be 33 charged for equipment violations under subsection 1 . 34 5. The department shall adopt rules pursuant to chapter 17A 35 -1- LSB 1261XS (2) 90 th/ns 1/ 3
S.F. 28 providing exceptions from application of subsections 1 and 2 1 for front seats and front seat passengers of motor vehicles 2 owned, leased, rented, or primarily used by persons with 3 disabilities who use collapsible wheelchairs. 4 Sec. 4. Section 321.446, subsection 3, paragraph d, Code 5 2023, is amended by striking the paragraph. 6 Sec. 5. Section 321.446, subsection 4, paragraphs b and c, 7 Code 2023, are amended to read as follows: 8 b. If a passenger fourteen years of age or older is unable 9 to properly fasten a seatbelt safety belt or safety harness 10 due to a temporary or permanent disability, an operator who 11 transports such a person in violation of subsection 2 may 12 be charged with a violation of this section . Otherwise, 13 a passenger fourteen years of age or older who violates 14 subsection 2 shall be charged in lieu of the operator. 15 c. If a child under fourteen years of age, or a child 16 fourteen years of age or older who is unable to fasten a 17 seatbelt safety belt or safety harness due to a temporary or 18 permanent disability, is being transported in a taxicab or 19 in a personal vehicle operated by a transportation network 20 company driver, as defined in section 321N.1 , in a manner 21 that is not in compliance with subsection 1 or 2 , the parent, 22 legal guardian, or other responsible adult traveling with the 23 child shall be served with a citation for a violation of this 24 section in lieu of the taxicab operator or transportation 25 network company driver. Otherwise, if a passenger being 26 transported in the taxicab or in a personal vehicle operated by 27 a transportation network company driver is fourteen years of 28 age or older, the citation shall be served on the passenger in 29 lieu of the taxicab operator or transportation network company 30 driver. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanations substance by the members of the general assembly. 34 Under current law, Code section 321.445 (safety belts and 35 -2- LSB 1261XS (2) 90 th/ns 2/ 3
S.F. 28 safety harnesses) requires drivers and front seat occupants 1 of motor vehicles who are 18 years of age or older to wear a 2 properly adjusted and fastened safety belt or safety harness 3 any time the vehicle is in forward motion on a street or 4 highway. This bill applies the requirement to all passengers 5 of the vehicle who are 18 years of age or older. The bill makes 6 corresponding changes to the exceptions, charging provisions, 7 and rulemaking provisions of Code section 321.445. 8 Code section 321.446 (child restraint devices) requires 9 children under 18 years of age to be secured during transit by 10 a child restraint system, safety belt, or safety harness. The 11 bill strikes a provision in Code section 321.446 that exempts 12 children occupying the back seat of a motor vehicle from having 13 to be secured during transit by a child restraint system, 14 safety belt, or safety harness if no safety belt is available 15 because all safety belts are being used by other occupants or 16 cannot be used due to the use of a child restraint system in the 17 seating position for which a belt is provided. 18 The bill makes the use of the terms passenger, safety 19 belt, and safety harness consistent throughout Code sections 20 321.445 and 321.446. 21 A violation of Code section 321.445 is punishable by a 22 scheduled fine of $70. A violation of Code section 321.446 23 is punishable by a scheduled fine of $135. The department of 24 transportation is prohibited from considering either violation 25 in determining an offenders drivers license suspension under 26 Code section 321.210 or habitual offender status under Code 27 section 321.555. 28 -3- LSB 1261XS (2) 90 th/ns 3/ 3