Oklahoma 2022 Regular Session

Oklahoma House Bill HB2742 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2742 HFLR Page 1
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31	28		STATE OF OKLAHOMA
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33	30		1st Session of the 58th Legislature (2021)
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35	32		HOUSE BILL 2742 By: Ford
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41	38		AS INTRODUCED
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43	40		An Act relating to motor vehicles; amending 47 O.S.
44	41		2011, Section 11-1112, as last amended by Section 2,
45	42		Chapter 376, O.S.L. 2017 (47 O.S. Supp. 202 0, Section
46	43		11-1112), which relates to child passenger restraint
47	44		systems; modifying age requirements for use of
48	45		certain restraint systems; defining term; and
49	46		providing an effective date.
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55	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
56	53		SECTION 1. AMENDATORY 47 O.S. 2011, Section 11 -1112, as
57	54		last amended by Section 2, Chapter 376, O.S.L. 2017 (47 O.S. Supp.
58	55		2020, Section 11-1112), is amended to read as follows:
59	56		Section 11-1112. A. Every driver, when transporting a child
60	57		under eight (8) seventeen (17) years of age or younger in a motor
61	58		vehicle operated on the roadways, streets, or highways of this
62	59		state, shall provide for the protection of said child by properly
63	60		using a child passenger restraint system or seat belt as follows:
64	61		1. A child under four (4) years of age shall be properly
65	62		secured in a child passenger restraint system. Except as provided
	63	+	in subsection G F of this section, the child passenger restraint
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67		-	HB2742 HFLR Page 2
68		-	BOLD FACE denotes Committee Amendments. 1
	65	+	Req. No. 5969 Page 2 1
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93		-	in subsection G F of this section, the child passenger restraint
94	90		system shall be rear -facing until the child reaches two (2) ye ars of
95	91		age or until the child reaches the weight or height limit of the
96	92		rear-facing child passenger restraint system as allowed by the
97	93		manufacturer of the child passenger restraint system, whichever
98	94		occurs first; and
99	95		2. A child at least four (4) years of age but younger than
100	96		eight (8) years of age , if not taller than 4 feet 9 inches in
101	97		height, shall be properly secured in either a child passenger
102	98		restraint system or child booster seat ; and
103	99		3. A child who is between eight (8) and twelve (12) years of
104	100		age shall be properly secured in a child passenger restraint system,
105	101		belt-positioning booster seat or seat belt. A child who is at least
106	102		four (4) feet nine (9) inches in height or is thirteen (13) years of
107	103		age or older shall be properly secured in a seat belt .
108	104		For purposes of this section and Section 11 -1113 of this title,
109	105		"child passenger restraint system" means an infant or child
110	106		passenger restraint system which meets the federal standards as set
111	107		by 49 C.F.R., Section 571.213 and "seat belt" means a seat be lt that
112	108		meets the federal standards as set by 49 C.F.R., Section 571.207 -
113	109		210.
114	110		B. If a child is eight (8) years of age or is taller than 4
115	111		feet 9 inches in height, a seat belt properly secured to the vehicle
116	112		shall be sufficient to meet the requirements of this section.
	113	+	C. The provisions of this section shall not apply to:
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118		-	HB2742 HFLR Page 3
119		-	BOLD FACE denotes Committee Amendments. 1
	115	+	Req. No. 5969 Page 3 1
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144		-	C. The provisions of this section shall not apply to:
145	140		1. The driver of a school bus, taxicab, moped, motorcycle, or
146	141		other motor vehicle not required to be equipped with safety belts
147	142		pursuant to state or federal laws;
148	143		2. The driver of an am bulance or emergency vehicle;
149	144		3. The driver of a vehicle in which all of the seat belts are
150	145		in use;
151	146		4. The transportation of children who for medical reasons are
152	147		unable to be placed in such devices, provided there is written
153	148		documentation from a physicia n of such medical reason; or
154	149		5. The transportation of a child who weighs more than forty
155	150		(40) pounds and who is being transported in the back seat of a
156	151		vehicle while wearing only a lap safety belt when the back seat of
157	152		the vehicle is not equipped with com bination lap and shoulder safety
158	153		belts, or when the combination lap and shoulder safety belts in the
159	154		back seat are being used by other children who weigh more than forty
160	155		(40) pounds. Provided, however, for purposes of this paragraph,
161	156		back seat shall inclu de all seats located behind the front seat of a
162	157		vehicle operated by a licensed child care facility or church.
163	158		Provided further, there shall be a rebuttable presumption that a
164	159		child has met the weight requirements of this paragraph if at the
165	160		request of any law enforcement officer, the licensed child care
166	161		facility or church provides the officer with a written statement
	162	+	verified by the parent or legal guardian that the child weighs more
	163	+	than forty (40) pounds.
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168		-	HB2742 HFLR Page 4
169		-	BOLD FACE denotes Committee Amendments. 1
	165	+	Req. No. 5969 Page 4 1
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194		-	verified by the parent or legal guardian that the child weighs more
195		-	than forty (40) pounds.
196	190		D. C. A violation of the provisions of this sect ion shall be
197	191		admissible as evidence in any civil action or proceeding for damages
198	192		unless the plaintiff in such action or proceeding is a child under
199	193		sixteen (16) years of age.
200	194		In any action brought by or on behalf of an infant for personal
201	195		injuries or wrongful death sustained in a motor vehicle collision,
202	196		the failure of any person to have the infant properly restrained in
203	197		accordance with the provisions of this section shall not be used in
204	198		aggravation or mitigation of damages.
205	199		E. D. A person who is certifie d as a Child Passenger Safety
206	200		Technician and who in good faith provides inspection, adjustment, or
207	201		educational services regarding child passenger restraint systems
208	202		shall not be liable for civil damages resulting from any act or
209	203		omission in providing such s ervices, other than acts or omissions
210	204		constituting gross negligence or willful or wanton misconduct.
211	205		F. E. Any person convicted of violating subsection A of this
212	206		section shall be punished by a fine of Fifty Dollars ($50.00) and
213	207		shall pay all court costs t hereof. Revenue from such fine shall be
214	208		apportioned to the Department of Public Safety Restricted Revolving
215	209		Fund and used by the Oklahoma Highway Safety Office to promote the
216	210		use of child passenger restraint systems as provided in Section 11 -
217	211		1113 of this title. This fine shall be suspended and the court
	212	+	costs limited to a maximum of Fifteen Dollars ($15.00) in the case
	213	+	of the first offense upon proof of purchase or acquisition by loan
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219		-	HB2742 HFLR Page 5
220		-	BOLD FACE denotes Committee Amendments. 1
	215	+	Req. No. 5969 Page 5 1
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245		-	costs limited to a maximum of Fifteen Dollars ($15.00) in the case
246		-	of the first offense upon proof of purchase or acquisition by loan
247	240		of a child passenger restraint system. Provided, the Department of
248	241		Public Safety shall not assess points to the driving record of any
249	242		person convicted of a violation of this section.
250	243		G. F. A driver of a vehicle who has been rightfully issued a
251	244		detachable placard indicating physical disability under the
252	245		provisions of Section 15-112 of this title or a physically disabled
253	246		license plate under the provisions of Section 1135.1 or 1135.2 of
254	247		this title and valid letter of forward -facing exemption issued from
255	248		the Department of Public Safety shall be permitted to transport a
256	249		child passenger under four (4) years of age in a forward -facing
257	250		child passenger restraint system. The placard and forward -facing
258	251		exemption letter must be present in the vehicle to be in compliance
259	252		SECTION 2. This act shall become effective Novembe r 1, 2021.
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261		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/23/2021 -
262		-	DO PASS.
	254	+	58-1-5969 JBH 12/08/20