MD
Maryland Senate Bill SB176

Maryland 2022 Regular Session

Maryland Senate Bill SB176 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 232
21
3-– 1 –
4-Chapter 232
5-(Senate Bill 176)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0176*
89
9-Vehicle Laws – Rear–Facing Child Safety Seats – Requirement
10+SENATE BILL 176
11+R6 2lr0029
12+ (PRE–FILED)
13+By: Chair, Judicial Proceedings Committee (By Request – Departmental –
14+Transportation)
15+Requested: October 5, 2021
16+Introduced and read first time: January 12, 2022
17+Assigned to: Judicial Proceedings
18+Committee Report: Favorable with amendments
19+Senate action: Adopted
20+Read second time: February 8, 2022
1021
11-FOR the purpose of requiring a person transporting a child under a certain age in a motor
12-vehicle to secure the child in a rear–facing child safety seat that complies with
13-certain regulations until the child reaches the weight or height limit specified by the
14-manufacturer of the child safety seat; and generally relating to rear–facing child
15-safety seats.
22+CHAPTER ______
1623
17-BY repealing and reenacting, with amendments,
18- Article – Transportation
19- Section 22–412.2
20- Annotated Code of Maryland
21- (2020 Replacement Volume and 2021 Supplement)
24+AN ACT concerning 1
2225
23- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
24-That the Laws of Maryland read as follows:
26+Vehicle Laws – Rear–Facing Child Safety Seats – Requirement 2
2527
26-Article – Transportation
28+FOR the purpose of requiring a person transporting a child under a certain age in a motor 3
29+vehicle to secure the child in a rear–facing child safety seat that complies with 4
30+certain regulations until the child reaches the weight or height limit specified by the 5
31+manufacturer of the child safety seat; and generally relating to rear–facing child 6
32+safety seats. 7
2733
28-22–412.2.
34+BY repealing and reenacting, with amendments, 8
35+ Article – Transportation 9
36+ Section 22–412.2 10
37+ Annotated Code of Maryland 11
38+ (2020 Replacement Volume and 2021 Supplement) 12
2939
30- (a) (1) In this section the following words have the meanings indicated.
40+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
41+That the Laws of Maryland read as follows: 14
3142
32- (2) (i) “Child safety seat” means a device, including a child booster seat,
33-that the manufacturer:
43+Article – Transportation 15
3444
35- 1. Certifies is manufactured in accordance with applicable
36-federal safety standards; and
45+22–412.2. 16
3746
38- 2. Intends to be used to restrain, seat, or position a child who
39-is transported in a motor vehicle.
47+ (a) (1) In this section the following words have the meanings indicated. 17
48+ 2 SENATE BILL 176
4049
41- (ii) “Child safety seat” does not mean a seat belt or combination seat
42-belt–shoulder harness used alone.
4350
44- (3) (i) “Seat belt” means a restraining device described under § 22–412
45-of this subtitle.
51+ (2) (i) “Child safety seat” means a device, including a child booster seat, 1
52+that the manufacturer: 2
4653
47- (ii) “Seat belt” includes a combination seat belt–shoulder harness.
48- Ch. 232 2022 LAWS OF MARYLAND
54+ 1. Certifies is manufactured in accordance with applicable 3
55+federal safety standards; and 4
4956
50-– 2 –
51- (b) A child safety seat meets the requirements of this section only if it is installed
52-and used in accordance with the directions of the manufacturer.
57+ 2. Intends to be used to restrain, seat, or position a child who 5
58+is transported in a motor vehicle. 6
5359
54- (c) This section applies to the transportation of a child in:
60+ (ii) “Child safety seat” does not mean a seat belt or combination seat 7
61+belt–shoulder harness used alone. 8
5562
56- (1) A motor vehicle registered, or of a type capable of being registered, in
57-this State as a:
63+ (3) (i) “Seat belt” means a restraining device described under § 22–412 9
64+of this subtitle. 10
5865
59- (i) Class A (passenger) vehicle;
66+ (ii) “Seat belt” includes a combination seat belt–shoulder harness. 11
6067
61- (ii) Class E (truck) vehicle; or
68+ (b) A child safety seat meets the requirements of this section only if it is installed 12
69+and used in accordance with the directions of the manufacturer. 13
6270
63- (iii) Class M (multipurpose) vehicle; and
71+ (c) This section applies to the transportation of a child in: 14
6472
65- (2) A vehicle registered in another state or Puerto Rico that is the same
66-type of vehicle as a vehicle identified in item (1) of this subsection.
73+ (1) A motor vehicle registered, or of a type capable of being registered, in 15
74+this State as a: 16
6775
68- (d) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A person
69-transporting a child under the age of 8 years in a motor vehicle shall secure the child in a
70-child safety seat in accordance with the child safety seat and vehicle manufacturers’
71-instructions unless the child is 4 feet, 9 inches tall or taller.
76+ (i) Class A (passenger) vehicle; 17
7277
73- (2) A PERSON TRANSPORTING A CHILD UNDER THE AG E OF 2 YEARS
74-IN A MOTOR VEHICLE S HALL SECURE THE CHIL D IN A REAR–FACING CHILD SAFETY
75-SEAT THAT COMPLIES WITH APPLICABLE FEDE RAL REGULATIONS UNTI L THE CHILD
76-REACHES THE WEIGHT O R HEIGHT LIMIT SPECI FIED BY THE MANUFACT URER OF
77-THE CHILD SAFETY SEA T.
78+ (ii) Class E (truck) vehicle; or 18
7879
79- (e) Subject to subsection (d) of this section, a person may not transport a child
80-under the age of 16 years unless the child is secured in:
80+ (iii) Class M (multipurpose) vehicle; and 19
8181
82- (1) A child safety seat in accordance with the child safety seat and vehicle
83-manufacturers’ instructions; or
82+ (2) A vehicle registered in another state or Puerto Rico that is the same 20
83+type of vehicle as a vehicle identified in item (1) of this subsection. 21
8484
85- (2) A seat belt.
85+ (d) (1) [A] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A person 22
86+transporting a child under the age of 8 years in a motor vehicle shall secure the child in a 23
87+child safety seat in accordance with the child safety seat and vehicle manufacturers’ 24
88+instructions unless the child is 4 feet, 9 inches tall or taller. 25
8689
87- (f) Notwithstanding subsection (d) of this section, if a physician, who is licensed
88-to practice medicine in the state in which the vehicle transporting the child is registered,
89-certifies in writing that use of a child safety seat by a particular child would be impractical
90-due to the child’s weight, height, physical unfitness, or other medical reason, there is not a
91-violation of this section.
90+ (2) A PERSON TRANSPORTING A CHILD UNDER THE AG E OF 2 YEARS 26
91+IN A MOTOR VEHICLE S HALL SECURE THE CHIL D IN A REAR–FACING CHILD SAFETY 27
92+SEAT THAT COMPLIES W ITH APPLICABLE FEDER AL REGULATIONS UNTIL THE CHILD 28
93+REACHES THE WEIGHT O R HEIGHT LIMIT SPECI FIED BY THE MA NUFACTURER OF 29
94+THE CHILD SAFETY SEA T. 30
95+ SENATE BILL 176 3
9296
93- (g) A child safety seat or seat belt may not be used to restrain, seat, or position
94-more than one individual at a time.
95- LAWRENCE J. HOGAN, JR., Governor Ch. 232
9697
97-– 3 –
98- (h) A violation of this section is not contributory negligence and may not be
99-admitted as evidence in the trial of any civil action.
98+ (e) Subject to subsection (d) of this section, a person may not transport a child 1
99+under the age of 16 years unless the child is secured in: 2
100100
101- (i) A violation of this section is not considered a moving violation for purposes of
102-§ 16–402 of this article.
101+ (1) A child safety seat in accordance with the child safety seat and vehicle 3
102+manufacturers’ instructions; or 4
103103
104- (j) The failure to provide a child safety seat or seat belt for more than one child
105-in the same vehicle at the same time, as required by this section, shall be treated as a single
106-violation.
104+ (2) A seat belt. 5
107105
108- (k) (1) (I) Any EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
109-PARAGRAPH , ANY person convicted of a violation of this section is subject to a fine of $50.
106+ (f) Notwithstanding subsection (d) of this section, if a physician, who is licensed 6
107+to practice medicine in the state in which the vehicle transporting the child is registered, 7
108+certifies in writing that use of a child safety seat by a particular child would be impractical 8
109+due to the child’s weight, height, physical unfitness, or other medical reason, there is not a 9
110+violation of this section. 10
110111
111- (II) A PERSON WHO VIOLATES SUBSECTION (D)(2) OF THIS
112-SECTION BY SECURING A CHILD UNDER THE AG E OF 2 YEARS IN A CHILD SAF ETY
113-SEAT THAT IS NOT REA R–FACING IS SUBJECT TO A WRITTEN WARNING FOR A FIR ST
114-VIOLATION.
112+ (g) A child safety seat or seat belt may not be used to restrain, seat, or position 11
113+more than one individual at a time. 12
115114
116- (2) A judge may waive the A fine UNDER PARAGRAPH (1)(I) OF THIS
117-SUBSECTION if the person charged with A violation of this section:
115+ (h) A violation of this section is not contributory negligence and may not be 13
116+admitted as evidence in the trial of any civil action. 14
118117
119- (i) Did not possess a child safety seat at the time of the violation;
118+ (i) A violation of this section is not considered a moving violation for purposes of 15
119+§ 16–402 of this article. 16
120120
121- (ii) Acquires a child safety seat prior to the hearing date; and
121+ (j) The failure to provide a child safety seat or seat belt for more than one child 17
122+in the same vehicle at the same time, as required by this section, shall be treated as a single 18
123+violation. 19
122124
123- (iii) Provides proof of acquisition to the court.
125+ (k) (1) (I) Any EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 20
126+PARAGRAPH , ANY person convicted of a violation of this section is subject to a fine of $50. 21
124127
125- (l) The Department of Transportation and the Maryland Department of Health
126-shall jointly implement the Child Safety Seat Program and foster compliance with this
127-section through educational and promotional efforts.
128+ (II) A PERSON WHO VIOLATES SUBSECTION (D)(2) OF THIS 22
129+SECTION BY SECURING A CHILD UNDER THE AG E OF 2 YEARS IN A CHILD SAF ETY 23
130+SEAT THAT IS NOT REA R–FACING IS SUBJECT TO A WRITTEN WARNING FO R A FIRST 24
131+VIOLATION. 25
128132
129- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
130-October 1, 2022.
133+ (2) A judge may waive the A fine UNDER PARAGRAPH (1)(I) OF THIS 26
134+SUBSECTION if the person charged with A violation of this section: 27
131135
132-Approved by the Governor, April 21, 2022.
136+ (i) Did not possess a child safety seat at the time of the violation; 28
137+
138+ (ii) Acquires a child safety seat prior to the hearing date; and 29
139+
140+ (iii) Provides proof of acquisition to the court. 30
141+ 4 SENATE BILL 176
142+
143+
144+ (l) The Department of Transportation and the Maryland Department of Health 1
145+shall jointly implement the Child Safety Seat Program and foster compliance with this 2
146+section through educational and promotional efforts. 3
147+
148+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
149+October 1, 2022. 5
150+
151+
152+
153+
154+Approved:
155+________________________________________________________________________________
156+ Governor.
157+________________________________________________________________________________
158+ President of the Senate.
159+________________________________________________________________________________
160+ Speaker of the House of Delegates.