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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 681 By: Pederson and Hicks of the
Senate
and
Ford of the House
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 12-417, as amended by Section 97,
Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Se ction
12-417), which relates to required s afety belts;
modifying requirements; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 12 -417, as
amended by Section 97, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022,
Section 12-417), is amended to read as follows:
Section 12-417. A. 1. Every operator and front seat passenger
of a Class A commercial motor vehicle, Class B commercial motor
vehicle, Class C commercial motor vehicle or a passenger vehicle
operated in this state shall wear a properly adjusted and fastened
safety seat belt system, required to be installed in the motor
vehicle when manufactured pursuant to 49 C.F.R., Section 571.208.
2. Every passenger sixteen (16) years of age and younger in the
back seat of a passenger vehicle shall wear a properly adjusted and
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fastened safety seat belt , unless otherwise provided for in a child
passenger restraint system as required pursuant to Section 11-1112
of this title.
3. For the purposes of this section, “passenger vehicle” shall
mean a Class D motor vehicle, but shall not include trucks, truck-
tractors, recreational vehicles, motorcycles, or motorized bicycles,
or a vehicle used primarily for farm use which is registered and
licensed pursuant to the provisions of Section 1134 of this title.
B. The Commissioner of Public Safety, upon application from a
person who, for medical reasons, is unable to wear a safety seat
belt system supported by written attestation of such fact from a
physician licensed pursuant to Section 495 of Title 59 of the
Oklahoma Statutes, may issu e to the person an exemption from the
provisions of this section. The exemption shall be in the form of a
restriction appearing on the driver license of the person and shall
remain in effect until the expiration date of the driver license.
Nothing in this subsection shall be construed to prevent the person
from applying for another exemption as provided for in this section.
The issuance of an attestation by a physician and the subsequent
issuance of an exemption by the Commissioner, in good faith, shall
not give rise to, nor shall the physician and the state thereby
incur, any liability whatsoever in damages or otherwise, to any
person injured by reason of failure of the person to wear a safety
seat belt system.
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C. This section shall not apply to an operator of a motor
vehicle while perform ing official duties as a route carrier of the
U.S. Postal Service.
D. The Department of Public Safety shall not record or assess
points for violations of this section on any license holder’s
traffic record maintained by Service Oklahoma.
E. Fine and court costs for violating the provisions of this
section shall not exceed Twenty Dollars ($20.00).
F. Municipalities may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provisions of those ordinances
shall be the same as provided for in this section, and the
enforcement provisions under those ordinances shall not be more
stringent than those of this section.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by r eason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/11/202 3 -
DO PASS.