34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 681 By: Pederson and Hicks of the |
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37 | 30 | | Senate |
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38 | 31 | | |
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39 | 32 | | and |
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40 | 33 | | |
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41 | 34 | | Ford of the House |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to motor vehicles; amending 47 O.S. |
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46 | 39 | | 2021, Section 12-417, as amended by Section 97, |
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47 | 40 | | Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, Se ction |
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48 | 41 | | 12-417), which relates to required s afety belts; |
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49 | 42 | | modifying requirements; and declaring an emergency . |
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50 | 43 | | |
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51 | 44 | | |
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52 | 45 | | |
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53 | 46 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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54 | 47 | | SECTION 1. AMENDATORY 47 O.S. 2021, Section 12 -417, as |
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55 | 48 | | amended by Section 97, Chapter 282, O.S.L. 2022 (47 O.S. Supp. 2022, |
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56 | 49 | | Section 12-417), is amended to read as follows: |
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57 | 50 | | Section 12-417. A. 1. Every operator and front seat passenger |
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58 | 51 | | of a Class A commercial motor vehicle, Class B commercial motor |
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59 | 52 | | vehicle, Class C commercial motor vehicle or a passenger vehicle |
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60 | 53 | | operated in this state shall wear a properly adjusted and fastened |
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61 | 54 | | safety seat belt system, required to be installed in the motor |
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62 | 55 | | vehicle when manufactured pursuant to 49 C.F.R., Section 571.208. |
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63 | 56 | | 2. Every passenger sixteen (16) years of age and younger in the |
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64 | 57 | | back seat of a passenger vehicle shall wear a properly adjusted and |
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95 | 87 | | 3. For the purposes of this section, “passenger vehicle” shall |
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96 | 88 | | mean a Class D motor vehicle, but shall not include trucks, truck- |
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97 | 89 | | tractors, recreational vehicles, motorcycles, or motorized bicycles, |
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98 | 90 | | or a vehicle used primarily for farm use which is registered and |
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99 | 91 | | licensed pursuant to the provisions of Section 1134 of this title. |
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100 | 92 | | B. The Commissioner of Public Safety, upon application from a |
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101 | 93 | | person who, for medical reasons, is unable to wear a safety seat |
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102 | 94 | | belt system supported by written attestation of such fact from a |
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103 | 95 | | physician licensed pursuant to Section 495 of Title 59 of the |
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104 | 96 | | Oklahoma Statutes, may issu e to the person an exemption from the |
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105 | 97 | | provisions of this section. The exemption shall be in the form of a |
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106 | 98 | | restriction appearing on the driver license of the person and shall |
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107 | 99 | | remain in effect until the expiration date of the driver license. |
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108 | 100 | | Nothing in this subsection shall be construed to prevent the person |
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109 | 101 | | from applying for another exemption as provided for in this section. |
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110 | 102 | | The issuance of an attestation by a physician and the subsequent |
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111 | 103 | | issuance of an exemption by the Commissioner, in good faith, shall |
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112 | 104 | | not give rise to, nor shall the physician and the state thereby |
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113 | 105 | | incur, any liability whatsoever in damages or otherwise, to any |
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114 | 106 | | person injured by reason of failure of the person to wear a safety |
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115 | 107 | | seat belt system. |
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146 | 137 | | D. The Department of Public Safety shall not record or assess |
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147 | 138 | | points for violations of this section on any license holder’s |
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148 | 139 | | traffic record maintained by Service Oklahoma. |
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149 | 140 | | E. Fine and court costs for violating the provisions of this |
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150 | 141 | | section shall not exceed Twenty Dollars ($20.00). |
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151 | 142 | | F. Municipalities may enact and municipal police officers may |
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152 | 143 | | enforce ordinances prohibiting and penalizing conduct under |
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153 | 144 | | provisions of this section, but the provisions of those ordinances |
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154 | 145 | | shall be the same as provided for in this section, and the |
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155 | 146 | | enforcement provisions under those ordinances shall not be more |
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156 | 147 | | stringent than those of this section. |
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157 | 148 | | SECTION 2. It being immediately necessary for the preservation |
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158 | 149 | | of the public peace, health or safety, an emergency is hereby |
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159 | 150 | | declared to exist, by r eason whereof this act shall take effect and |
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160 | 151 | | be in full force from and after its passage and approval. |
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161 | 152 | | |
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