| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *hb0196* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 196 | |
| 11 | 8 | R6, R5 4lr1370 | |
| 12 | - | (PRE–FILED) | |
| 9 | + | (PRE–FILED) | |
| 13 | 10 | By: Delegates Taveras, Guyton, Hill, and Kaufman | |
| 14 | 11 | Requested: October 31, 2023 | |
| 15 | 12 | Introduced and read first time: January 10, 2024 | |
| 16 | 13 | Assigned to: Environment and Transportation and Ways and Means | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: March 9, 2024 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Motor Vehicles – School Buses – Seat Belts 2 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of requiring the public school safety education program to include student 3 | |
| 28 | 22 | instruction concerning school bus safety and the proper use of seat belts on school 4 | |
| 29 | 23 | buses; prohibiting certain persons from allowing pupils to stand in a school bus while 5 | |
| 30 | 24 | the school bus is in motion; requiring school buses purchased after a certain date to 6 | |
| 31 | - | be equipped with certain seat belts in a certain manner; requiring school buses in 7 | |
| 32 | - | operation on a certain date to have seat belts installed by a certain date; prohibiting 8 | |
| 33 | - | a person from operating a school bus that is equipped with seat belts unless the 9 | |
| 34 | - | person and each occupant are restrained by a seat belt civil action for damages based 10 | |
| 35 | - | on a failure to ensure that an occupant of a school bus was wearing a seat belt; and 11 | |
| 36 | - | generally relating to the use of seat belts in school buses. 12 | |
| 25 | + | be equipped with seat belts in a certain manner; requiring school buses in operation 7 | |
| 26 | + | on a certain date to have seat belts installed by a certain date; prohibiting a person 8 | |
| 27 | + | from operating a school bus that is equipped with seat belts unless the person and 9 | |
| 28 | + | each occupant are restrained by a seat belt; and generally relating to the use of seat 10 | |
| 29 | + | belts in school buses. 11 | |
| 37 | 30 | ||
| 38 | - | BY repealing and reenacting, with amendments, | |
| 39 | - | Article – Education | |
| 40 | - | Section 7–410 | |
| 41 | - | Annotated Code of Maryland | |
| 42 | - | (2022 Replacement Volume and 2023 Supplement) | |
| 31 | + | BY repealing and reenacting, with amendments, 12 | |
| 32 | + | Article – Education 13 | |
| 33 | + | Section 7–410 14 | |
| 34 | + | Annotated Code of Maryland 15 | |
| 35 | + | (2022 Replacement Volume and 2023 Supplement) 16 | |
| 43 | 36 | ||
| 44 | - | BY repealing and reenacting, without amendments, 18 | |
| 45 | - | Article – Transportation 19 | |
| 46 | - | Section 11–153 and 11–173 20 | |
| 47 | - | Annotated Code of Maryland 21 | |
| 48 | - | (2020 Replacement Volume and 2023 Supplement) 22 2 HOUSE BILL 196 | |
| 37 | + | BY repealing and reenacting, without amendments, 17 | |
| 38 | + | Article – Transportation 18 | |
| 39 | + | Section 11–153 and 11–173 19 | |
| 40 | + | Annotated Code of Maryland 20 | |
| 41 | + | (2020 Replacement Volume and 2023 Supplement) 21 | |
| 42 | + | ||
| 43 | + | BY repealing and reenacting, with amendments, 22 | |
| 44 | + | Article – Transportation 23 | |
| 45 | + | Section 21–1118, 22–412, and 22–412.3 24 | |
| 46 | + | Annotated Code of Maryland 25 | |
| 47 | + | (2020 Replacement Volume and 2023 Supplement) 26 | |
| 48 | + | 2 HOUSE BILL 196 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1 | |
| 52 | + | That the Laws of Maryland read as follows: 2 | |
| 51 | 53 | ||
| 52 | - | BY repealing and reenacting, with amendments, 1 | |
| 53 | - | Article – Transportation 2 | |
| 54 | - | Section 21–1118, 22–412, and 22–412.3 3 | |
| 55 | - | Annotated Code of Maryland 4 | |
| 56 | - | (2020 Replacement Volume and 2023 Supplement) 5 | |
| 54 | + | Article – Education 3 | |
| 57 | 55 | ||
| 58 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
| 59 | - | That the Laws of Maryland read as follows: 7 | |
| 56 | + | 7–410. 4 | |
| 60 | 57 | ||
| 61 | - | Article – Education 8 | |
| 58 | + | (A) Each public school shall have a program of safety education that is organized 5 | |
| 59 | + | and administered under the bylaws, rules, and regulations of the State Board. 6 | |
| 62 | 60 | ||
| 63 | - | 7–410. 9 | |
| 61 | + | (B) THE PROGRAM OF SAFETY EDUCATION REQUIRED U NDER SUBSECTION 7 | |
| 62 | + | (A) OF THIS SECTION SHAL L INCLUDE STUDENT IN STRUCTION ON SCHOOL BUS 8 | |
| 63 | + | SAFETY AND THE PROPE R USE OF SEAT BELTS ON SCHOOL BUSES. 9 | |
| 64 | 64 | ||
| 65 | - | (A) Each public school shall have a program of safety education that is organized 10 | |
| 66 | - | and administered under the bylaws, rules, and regulations of the State Board. 11 | |
| 65 | + | Article – Transportation 10 | |
| 67 | 66 | ||
| 68 | - | (B) THE PROGRAM OF SAFETY EDUCATION REQUIRED U NDER SUBSECTION 12 | |
| 69 | - | (A) OF THIS SECTION SHAL L INCLUDE STUDENT IN STRUCTION ON SCHOOL BUS 13 | |
| 70 | - | SAFETY AND THE PROPE R USE OF SEAT BELTS ON SCHOOL BUSES . 14 | |
| 67 | + | 11–153. 11 | |
| 71 | 68 | ||
| 72 | - | ||
| 69 | + | “School bus” means a Type I school vehicle, as defined in this subtitle. 12 | |
| 73 | 70 | ||
| 74 | - | 11– | |
| 71 | + | 11–173. 13 | |
| 75 | 72 | ||
| 76 | - | “ | |
| 73 | + | (a) “Type I school vehicle” means a school vehicle that: 14 | |
| 77 | 74 | ||
| 78 | - | ||
| 75 | + | (1) Is designed and constructed to carry passengers; 15 | |
| 79 | 76 | ||
| 80 | - | (a) “Type I school vehicle” means a school vehicle that: 19 | |
| 77 | + | (2) Is either of the body–on–chassis type construction or integral type 16 | |
| 78 | + | construction; and 17 | |
| 81 | 79 | ||
| 82 | - | (1) Is designed and constructed to carry passengers; 20 | |
| 80 | + | (3) Has a gross vehicle weight of more than 15,000 pounds and provides a 18 | |
| 81 | + | minimum of 13 inches of seating space per passenger. 19 | |
| 83 | 82 | ||
| 84 | - | (2) Is either of the body–on–chassis type construction or integral type 21 | |
| 85 | - | construction; and 22 | |
| 83 | + | (b) “Type I school vehicle” does not include any bus operated by a common carrier 20 | |
| 84 | + | under the jurisdiction of a State, regional, or federal regulatory agency or operated by the 21 | |
| 85 | + | agency itself. 22 | |
| 86 | 86 | ||
| 87 | - | (3) Has a gross vehicle weight of more than 15,000 pounds and provides a 23 | |
| 88 | - | minimum of 13 inches of seating space per passenger. 24 | |
| 87 | + | 21–1118. 23 | |
| 89 | 88 | ||
| 90 | - | (b) “Type I school vehicle” does not include any bus operated by a common carrier 25 | |
| 91 | - | under the jurisdiction of a State, regional, or federal regulatory agency or operated by the 26 | |
| 92 | - | agency itself. 27 | |
| 89 | + | (a) The driver of a school bus: 24 | |
| 93 | 90 | ||
| 94 | - | ||
| 91 | + | (1) Is responsible for its operation; and 25 | |
| 95 | 92 | ||
| 96 | - | (a) The driver of a school bus: 29 | |
| 93 | + | (2) May not drive it into any roadway without first stopping and 26 | |
| 94 | + | determining that there is no danger from any other vehicle. 27 | |
| 95 | + | ||
| 96 | + | (b) The person responsible for any pupils on a school bus is: 28 | |
| 97 | 97 | HOUSE BILL 196 3 | |
| 98 | 98 | ||
| 99 | 99 | ||
| 100 | - | (1) | |
| 100 | + | (1) The teacher on the bus; or 1 | |
| 101 | 101 | ||
| 102 | - | (2) May not drive it into any roadway without first stopping and 2 | |
| 103 | - | determining that there is no danger from any other vehicle. 3 | |
| 102 | + | (2) If a teacher is not present, the driver. 2 | |
| 104 | 103 | ||
| 105 | - | (b) The person responsible for any pupils on a school bus is: 4 | |
| 104 | + | (c) [A person responsible for pupils on a school bus may not permit the number 3 | |
| 105 | + | of standing pupils to exceed one pupil for each part of the aisle that is bounded on both 4 | |
| 106 | + | sides by forward facing seats. 5 | |
| 106 | 107 | ||
| 107 | - | (1) The teacher on the bus; or 5 | |
| 108 | + | (d) A person responsible for pupils on a school bus may not permit any pupil to 6 | |
| 109 | + | stand if the school bus is equipped only with lengthwise or a combination of lengthwise and 7 | |
| 110 | + | forward facing seats. 8 | |
| 108 | 111 | ||
| 109 | - | (2) If a teacher is not present, the driver. 6 | |
| 112 | + | (e) A person responsible for pupils on a school bus may not permit any pupil to 9 | |
| 113 | + | stand in front of the stanchion and guardrail] A PERSON RESPONSIBLE F OR PUPILS ON 10 | |
| 114 | + | A SCHOOL BUS MAY NOT ALLOW ANY PUPIL TO STAND WHILE THE S CHOOL BUS IS IN 11 | |
| 115 | + | MOTION. 12 | |
| 110 | 116 | ||
| 111 | - | (c) [A person responsible for pupils on a school bus may not permit the number 7 | |
| 112 | - | of standing pupils to exceed one pupil for each part of the aisle that is bounded on both 8 | |
| 113 | - | sides by forward facing seats. 9 | |
| 117 | + | [(f)] (D) A person responsible for pupils on a school bus may not [permit] 13 | |
| 118 | + | ALLOW any pupil to operate the front door opening mechanism, except in an emergency. 14 | |
| 114 | 119 | ||
| 115 | - | (d) A person responsible for pupils on a school bus may not permit any pupil to 10 | |
| 116 | - | stand if the school bus is equipped only with lengthwise or a combination of lengthwise and 11 | |
| 117 | - | forward facing seats. 12 | |
| 120 | + | [(g)] (E) A person responsible for pupils on a school bus may not require any 15 | |
| 121 | + | pupil to sit on the floor. 16 | |
| 118 | 122 | ||
| 119 | - | (e) A person responsible for pupils on a school bus may not permit any pupil to 13 | |
| 120 | - | stand in front of the stanchion and guardrail] A PERSON RESPONSIBLE F OR PUPILS ON 14 | |
| 121 | - | A SCHOOL BUS MAY NOT ALLOW ANY PUPIL TO S TAND WHILE THE SCHOO L BUS IS IN 15 | |
| 122 | - | MOTION. 16 | |
| 123 | + | [(h)] (F) Except for the driver and any fuel station attendant, a person may not 17 | |
| 124 | + | occupy a school bus while it is being supplied with fuel. 18 | |
| 123 | 125 | ||
| 124 | - | [(f)] (D) A person responsible for pupils on a school bus may not [permit] 17 | |
| 125 | - | ALLOW any pupil to operate the front door opening mechanism, except in an emergency. 18 | |
| 126 | + | [(i)] (G) Either the driver or an adult aide assigned to each school vehicle that 19 | |
| 127 | + | is used to transport handicapped children shall be certified as having successfully 20 | |
| 128 | + | completed a first aid–safety course approved by the Department of Education. 21 | |
| 126 | 129 | ||
| 127 | - | [(g)] (E) A person responsible for pupils on a school bus may not require any 19 | |
| 128 | - | pupil to sit on the floor. 20 | |
| 130 | + | 22–412. 22 | |
| 129 | 131 | ||
| 130 | - | [(h)] (F) Except for the driver and any fuel station attendant, a person may not 21 | |
| 131 | - | occupy a school bus while it is being supplied with fuel. 22 | |
| 132 | + | (a) Every motor vehicle registered in this State and manufactured or assembled 23 | |
| 133 | + | after June 1, 1964, shall be equipped with two sets of seat belts on the front seat of the 24 | |
| 134 | + | vehicle. 25 | |
| 132 | 135 | ||
| 133 | - | ||
| 134 | - | ||
| 135 | - | ||
| 136 | + | (b) Every motor vehicle registered in this State and manufactured or assembled 26 | |
| 137 | + | with a rear seat after June 1, 1969, shall be equipped with two sets of seat belts on the rear 27 | |
| 138 | + | seat of the vehicle. 28 | |
| 136 | 139 | ||
| 137 | - | 22–412. 26 | |
| 140 | + | (c) (1) EVERY SCHOOL BUS PURCHASED ON OR AFTER OCTOBER 1, 2024, 29 | |
| 141 | + | AND REGISTERED IN TH E STATE SHALL BE EQUIPP ED WITH SEAT BELTS THAT ARE 30 | |
| 142 | + | ACCESSIBLE TO PASSEN GERS FOR EVERY SEAT ON TH E SCHOOL BUS. 31 | |
| 138 | 143 | ||
| 139 | - | (a) Every motor vehicle registered in this State and manufactured or assembled 27 | |
| 140 | - | after June 1, 1964, shall be equipped with two sets of seat belts on the front seat of the 28 | |
| 141 | - | vehicle. 29 | |
| 142 | - | ||
| 143 | - | (b) Every motor vehicle registered in this State and manufactured or assembled 30 | |
| 144 | - | with a rear seat after June 1, 1969, shall be equipped with two sets of seat belts on the rear 31 | |
| 145 | - | seat of the vehicle. 32 4 HOUSE BILL 196 | |
| 144 | + | (2) EVERY SCHOOL BUS IN O PERATION BEFORE OCTOBER 1, 2024, 32 | |
| 145 | + | AND REGISTERED IN TH E STATE SHALL HAVE SEAT BELTS THAT ARE ACCESSIBLE TO 33 4 HOUSE BILL 196 | |
| 146 | 146 | ||
| 147 | 147 | ||
| 148 | + | PASSENGERS INSTALLED FOR EVERY SEAT ON TH E SCHOOL BUS BY OCTOBER 1, 1 | |
| 149 | + | 2026. 2 | |
| 148 | 150 | ||
| 149 | - | (c) (1) EVERY SCHOOL BUS PURC HASED ON OR AFTER OCTOBER 1, 2024 1 | |
| 150 | - | JULY 1, 2027, AND REGISTERED IN TH E STATE SHALL BE EQUIPP ED WITH 3–POINT 2 | |
| 151 | - | SEAT BELTS THAT ARE ACCESSIBLE TO PASSEN GERS FOR EVERY SEAT ON THE 3 | |
| 152 | - | SCHOOL BUS. 4 | |
| 151 | + | (D) A person may not sell or offer for sale any vehicle in violation of this section. 3 | |
| 153 | 152 | ||
| 154 | - | (2) EVERY SCHOOL BUS IN O PERATION BEFORE OCTOBER 1, 2024, 5 | |
| 155 | - | AND REGISTERED IN TH E STATE SHALL HAVE SEAT BELTS THAT ARE ACCES SIBLE TO 6 | |
| 156 | - | PASSENGERS INSTALLED FOR EVERY SEAT ON TH E SCHOOL BUS BY OCTOBER 1, 7 | |
| 157 | - | 2026. 8 | |
| 153 | + | [(d)] (E) For the purpose of this section only, “motor vehicle” does not include 4 | |
| 154 | + | any motorcycle other than an autocycle, bus, or truck. 5 | |
| 158 | 155 | ||
| 159 | - | (D) A person may not sell or offer for sale any vehicle in violation of this section. 9 | |
| 156 | + | [(e)] (F) For the purpose of this section only, “seat belt” means any belt, strap, 6 | |
| 157 | + | harness, or like device. 7 | |
| 160 | 158 | ||
| 161 | - | [(d)] (E) For the purpose of this section only, “motor vehicle” does not include 10 | |
| 162 | - | any motorcycle other than an autocycle, bus, or truck. 11 | |
| 159 | + | [(f)] (G) A seat belt may not be sold or offered for sale for use in connection with 8 | |
| 160 | + | the operation of a motor vehicle in this State after June 1, 1964, unless it meets applicable 9 | |
| 161 | + | federal motor vehicle safety standards. 10 | |
| 163 | 162 | ||
| 164 | - | [(e)] (F) For the purpose of this section only, “seat belt” means any belt, strap, 12 | |
| 165 | - | harness, or like device. 13 | |
| 163 | + | 22–412.3. 11 | |
| 166 | 164 | ||
| 167 | - | [(f)] (G) A seat belt may not be sold or offered for sale for use in connection with 14 | |
| 168 | - | the operation of a motor vehicle in this State after June 1, 1964, unless it meets applicable 15 | |
| 169 | - | federal motor vehicle safety standards. 16 | |
| 165 | + | (a) (1) In this section the following words have the meanings indicated. 12 | |
| 170 | 166 | ||
| 171 | - | ||
| 167 | + | (2) (i) “Motor vehicle” means a vehicle that is: 13 | |
| 172 | 168 | ||
| 173 | - | (a) (1) In this section the following words have the meanings indicated. 18 | |
| 169 | + | 1. Registered or capable of being registered in this State as a 14 | |
| 170 | + | Class A (passenger), Class E (truck), Class F (tractor), Class M (multipurpose), or Class P 15 | |
| 171 | + | (passenger bus) vehicle; and 16 | |
| 174 | 172 | ||
| 175 | - | (2) (i) “Motor vehicle” means a vehicle that is: 19 | |
| 173 | + | 2. Required to be equipped with seat belts under federal 17 | |
| 174 | + | motor vehicle safety standards contained in the Code of Federal Regulations. 18 | |
| 176 | 175 | ||
| 177 | - | 1. Registered or capable of being registered in this State as a 20 | |
| 178 | - | Class A (passenger), Class E (truck), Class F (tractor), Class M (multipurpose), or Class P 21 | |
| 179 | - | (passenger bus) vehicle; and 22 | |
| 176 | + | (ii) “Motor vehicle” does not include a Class L (historic) vehicle. 19 | |
| 180 | 177 | ||
| 181 | - | | |
| 182 | - | motor vehicle | |
| 178 | + | (3) “Outboard front seat” means a front seat position that is adjacent to a 20 | |
| 179 | + | door of a motor vehicle. 21 | |
| 183 | 180 | ||
| 184 | - | (ii) “Motor vehicle” does not include a Class L (historic) vehicle. 25 | |
| 181 | + | (4) (i) “Seat belt” means a restraining device described under § 22–412 22 | |
| 182 | + | of this subtitle. 23 | |
| 185 | 183 | ||
| 186 | - | (3) “Outboard front seat” means a front seat position that is adjacent to a 26 | |
| 187 | - | door of a motor vehicle. 27 | |
| 184 | + | (ii) “Seat belt” includes a combination seat belt–shoulder harness. 24 | |
| 188 | 185 | ||
| 189 | - | (4) (i) “Seat belt” means a restraining device described under § 22–412 28 | |
| 190 | - | of this subtitle. 29 | |
| 186 | + | (b) (1) A person may not operate a motor vehicle unless the person and each 25 | |
| 187 | + | occupant under 16 years old are restrained by a seat belt or a child safety seat as provided 26 | |
| 188 | + | in § 22–412.2 of this subtitle. 27 | |
| 191 | 189 | ||
| 192 | - | (ii) “Seat belt” includes a combination seat belt–shoulder harness. 30 | |
| 190 | + | (2) A PERSON MAY NOT OPERA TE A SCHOOL BUS THAT IS EQUIPPED 28 | |
| 191 | + | WITH SEAT BELTS UNLESS THE PERSON AN D EACH OCCUPANT ARE RESTRAINED BY 29 | |
| 192 | + | A SEAT BELT. 30 | |
| 193 | 193 | HOUSE BILL 196 5 | |
| 194 | 194 | ||
| 195 | 195 | ||
| 196 | - | (b) (1) A person may not operate a motor vehicle unless the person and each 1 | |
| 197 | - | occupant under 16 years old are restrained by a seat belt or a child safety seat as provided 2 | |
| 198 | - | in § 22–412.2 of this subtitle. 3 | |
| 196 | + | (c) (1) The provisions of this subsection apply to a person who is at least 16 1 | |
| 197 | + | years old. 2 | |
| 199 | 198 | ||
| 200 | - | (2) A PERSON MAY NOT OPERA TE A SCHOOL BUS THAT IS EQUIPPED 4 | |
| 201 | - | WITH SEAT BELTS UNLE SS THE PERSON AND EACH OCCU PANT ARE RESTRAINED BY 5 | |
| 202 | - | A SEAT BELT. 6 | |
| 199 | + | (2) Unless a person is restrained by a seat belt, the person may not be a 3 | |
| 200 | + | passenger in an outboard front seat of a motor vehicle. 4 | |
| 203 | 201 | ||
| 204 | - | ( | |
| 205 | - | ||
| 202 | + | (3) (i) Unless a person is restrained by a seat belt, the person may not 5 | |
| 203 | + | be a passenger in a rear seat of a motor vehicle. 6 | |
| 206 | 204 | ||
| 207 | - | (2) Unless a person is restrained by a seat belt, the person may not be a 9 | |
| 208 | - | passenger in an outboard front seat of a motor vehicle. 10 | |
| 205 | + | (ii) A police officer may enforce this paragraph only as a secondary 7 | |
| 206 | + | action when the police officer detains a driver of a motor vehicle for a suspected violation 8 | |
| 207 | + | of another provision of the Code. 9 | |
| 209 | 208 | ||
| 210 | - | (3) (i) Unless a person is restrained by a seat belt, the person may not 11 | |
| 211 | - | be a passenger in a rear seat of a motor vehicle. 12 | |
| 209 | + | (d) If a physician licensed to practice medicine in this State determines and 10 | |
| 210 | + | certifies in writing that use of a seat belt by a person would prevent appropriate restraint 11 | |
| 211 | + | due to a person’s physical disability or other medical reason, the provisions of this section 12 | |
| 212 | + | do not apply to the person. 13 | |
| 212 | 213 | ||
| 213 | - | (ii) A police officer may enforce this paragraph only as a secondary 13 | |
| 214 | - | action when the police officer detains a driver of a motor vehicle for a suspected violation 14 | |
| 215 | - | of another provision of the Code. 15 | |
| 214 | + | (e) A certification under subsection (d) of this section shall state: 14 | |
| 216 | 215 | ||
| 217 | - | (d) If a physician licensed to practice medicine in this State determines and 16 | |
| 218 | - | certifies in writing that use of a seat belt by a person would prevent appropriate restraint 17 | |
| 219 | - | due to a person’s physical disability or other medical reason, the provisions of this section 18 | |
| 220 | - | do not apply to the person. 19 | |
| 216 | + | (1) The nature of the physical disability; and 15 | |
| 221 | 217 | ||
| 222 | - | ( | |
| 218 | + | (2) The reason that restraint by a seat belt is inappropriate. 16 | |
| 223 | 219 | ||
| 224 | - | (1) The nature of the physical disability; and 21 | |
| 220 | + | (f) The provisions of this section do not apply to U.S. Postal Service and contract 17 | |
| 221 | + | carriers while delivering mail to local box routes. 18 | |
| 225 | 222 | ||
| 226 | - | (2) The reason that restraint by a seat belt is inappropriate. 22 | |
| 223 | + | (g) A violation of this section is not considered a moving violation for purposes of 19 | |
| 224 | + | § 16–402 of this article. 20 | |
| 227 | 225 | ||
| 228 | - | ( | |
| 229 | - | ||
| 226 | + | (h) (1) Failure of an individual to use a seat belt in violation of this section may 21 | |
| 227 | + | not: 22 | |
| 230 | 228 | ||
| 231 | - | (g) A violation of this section is not considered a moving violation for purposes of 25 | |
| 232 | - | § 16–402 of this article. 26 | |
| 229 | + | (i) Be considered evidence of negligence; 23 | |
| 233 | 230 | ||
| 234 | - | (h) (1) Failure of an individual to use a seat belt in violation of this section may 27 | |
| 235 | - | not: 28 | |
| 231 | + | (ii) Be considered evidence of contributory negligence; 24 | |
| 236 | 232 | ||
| 237 | - | ( | |
| 233 | + | (iii) Limit liability of a party or an insurer; or 25 | |
| 238 | 234 | ||
| 239 | - | (ii) Be considered evidence of contributory negligence; 30 | |
| 235 | + | (iv) Diminish recovery for damages arising out of the ownership, 26 | |
| 236 | + | maintenance, or operation of a motor vehicle. 27 | |
| 240 | 237 | ||
| 241 | - | (iii) Limit liability of a party or an insurer; or 31 | |
| 238 | + | (2) Subject to the provisions of paragraph (3) of this subsection, a party, 28 | |
| 239 | + | witness, or counsel may not make reference to a seat belt during a trial of a civil action that 29 | |
| 240 | + | involves property damage, personal injury, or death if the damage, injury, or death is not 30 | |
| 241 | + | related to the design, manufacture, installation, supplying, or repair of a seat belt. 31 | |
| 242 | 242 | 6 HOUSE BILL 196 | |
| 243 | 243 | ||
| 244 | 244 | ||
| 245 | - | (iv) Diminish recovery for damages arising out of the ownership, 1 | |
| 246 | - | maintenance, or operation of a motor vehicle. 2 | |
| 245 | + | (3) (i) Nothing contained in this subsection may be construed to 1 | |
| 246 | + | prohibit the right of a person to institute a civil action for damages against a dealer, 2 | |
| 247 | + | manufacturer, distributor, factory branch, or other appropriate entity arising out of an 3 | |
| 248 | + | incident that involves a defectively installed or defectively operating seat belt. 4 | |
| 247 | 249 | ||
| 248 | - | (2) Subject to the provisions of paragraph (3) of this subsection, a party, 3 | |
| 249 | - | witness, or counsel may not make reference to a seat belt during a trial of a civil action that 4 | |
| 250 | - | involves property damage, personal injury, or death if the damage, injury, or death is not 5 | |
| 251 | - | related to the design, manufacture, installation, supplying, or repair of a seat belt. 6 | |
| 250 | + | (ii) In a civil action in which 2 or more parties are named as joint 5 | |
| 251 | + | tort–feasors, interpleaded as defendants, or impleaded as defendants, and 1 of the joint 6 | |
| 252 | + | tort–feasors or defendants is not involved in the design, manufacture, installation, 7 | |
| 253 | + | supplying, or repair of a seat belt, a court shall order separate trials to accomplish the ends 8 | |
| 254 | + | of justice on a motion of any party. 9 | |
| 252 | 255 | ||
| 253 | - | (3) (i) Nothing contained in this subsection may be construed to 7 | |
| 254 | - | prohibit the right of a person to institute a civil action for damages against a dealer, 8 | |
| 255 | - | manufacturer, distributor, factory branch, or other appropriate entity arising out of an 9 | |
| 256 | - | incident that involves a defectively installed or defectively operating seat belt. 10 | |
| 256 | + | (i) The Administration and the Department of State Police shall establish 10 | |
| 257 | + | prevention and education programs to encourage compliance with the provisions of this 11 | |
| 258 | + | section. 12 | |
| 257 | 259 | ||
| 258 | - | (ii) In a civil action in which 2 or more parties are named as joint 11 | |
| 259 | - | tort–feasors, interpleaded as defendants, or impleaded as defendants, and 1 of the joint 12 | |
| 260 | - | tort–feasors or defendants is not involved in the design, manufacture, installation, 13 | |
| 261 | - | supplying, or repair of a seat belt, a court shall order separate trials to accomplish the ends 14 | |
| 262 | - | of justice on a motion of any party. 15 | |
| 260 | + | (j) The Administration shall include information on this State’s experience with 13 | |
| 261 | + | the provisions of this section in the annual evaluation report on the State’s highway safety 14 | |
| 262 | + | plan that this State submits to the National Highway Traffic Safety Administration and 15 | |
| 263 | + | the Federal Highway Administration under 23 U.S.C. § 402. 16 | |
| 263 | 264 | ||
| 264 | - | (4) THE FAILURE OF A SCHO OL BUS OPERAT OR TO ENSURE THAT AN 16 | |
| 265 | - | OCCUPANT OF A SCHOOL BUS WAS WEARING A SE AT BELT MAY NOT BE T HE BASIS OF 17 | |
| 266 | - | A CIVIL ACTION FOR D AMAGES AGAINST THE S CHOOL BUS OPERATOR O R A SCHOOL, 18 | |
| 267 | - | SCHOOL DISTRICT , OR MUNICIPALITY . 19 | |
| 265 | + | (k) Any person convicted of a violation of this section is subject to a fine of not 17 | |
| 266 | + | more than $50. 18 | |
| 268 | 267 | ||
| 269 | - | (i) The Administration and the Department of State Police shall establish 20 | |
| 270 | - | prevention and education programs to encourage compliance with the provisions of this 21 | |
| 271 | - | section. 22 | |
| 268 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 19 | |
| 269 | + | October 1, 2024. 20 | |
| 272 | 270 | ||
| 273 | - | (j) The Administration shall include information on this State’s experience with 23 | |
| 274 | - | the provisions of this section in the annual evaluation report on the State’s highway safety 24 | |
| 275 | - | plan that this State submits to the National Highway Traffic Safety Administration and 25 | |
| 276 | - | the Federal Highway Administration under 23 U.S.C. § 402. 26 | |
| 277 | - | ||
| 278 | - | (k) Any person convicted of a violation of this section is subject to a fine of not 27 | |
| 279 | - | more than $50. 28 | |
| 280 | - | ||
| 281 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 29 | |
| 282 | - | October 1, 2024. 30 |