H-1398              _______________________________________________

                                                    HOUSE BILL NO. 713

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives O'Brien, Gallagher, S. Wilson and Isaacson

Read first time 2/8/85 and referred to Committee on Transportation.

AN ACT Relating to automotive passenger restraint systems; adding a new section to chapter 46.37 RCW; adding a new section to chapter 46.61 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 46.37 RCW to read as follows:

          The state commission on equipment shall adopt standards for the performance, design, and installation of passenger restraint systems for passenger cars and shall approve those systems that meet its standards.

NEW SECTION. Sec. 2.  A new section is added to chapter 46.61 RCW to read as follows:

          (1) No person may operate a passenger car registered under chapter 46.16 RCW unless the operator and all front seat passengers are secured in a safety belt system approved by the commission  on equipment.  For the purposes of this section the term "passenger car" applies to all vehicles defined in RCW 46.04.382.

          (2) This section does not apply to:

          (a) A passenger car manufactured before January 1, 1965, or

          (b) An operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.

          (3) Any person who violates this section is subject to a minimum penalty assessment of thirty dollars.

          (4) Failure to comply with the requirements of this section shall not constitute negligence, nor shall failure to use a seat belt be admissible as evidence of negligence in a civil action.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 4.     This act shall take effect on January 1, 1986, but the commission on equipment may take all action necessary before that date to fully implement this act on that date.