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                                 ENGROSSED SUBSTITUTE HOUSE BILL NO. 1182

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                                                                            C 152 L 86

 

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By House Committee on Transportation (originally sponsored by Representatives J. King, S. Wilson, Haugen, Fisher, Gallagher, O'Brien, K. Wilson, McMullen, Hankins, Betrozoff, Schoon, Jacobsen, Miller, Isaacson and Tilly; by Washington Traffic Safety Commission request)

 

 

Read first time 3/8/85 and passed to Committee on Rules.

 

 


AN ACT Relating to motor vehicle safety restraints; adding a new section to chapter 46.61 RCW; adding a new section to chapter 4.24 RCW; creating a new section; and prescribing penalties.

 

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

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

          (1) For the purposes of this section, the term "motor vehicle" includes:

          (a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;

          (b) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;

          (c) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and

          (d) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.

          (2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208.  This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.

          (3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.

          (4) No person may operate a motor vehicle unless all passengers under the age of sixteen years are either wearing a safety belt assembly or are securely fastened into an approved child restraint device.

          (5) During the period from the effective date of this act, to January 1, 1987, a person violating this section may be issued a written warning of the violation.  After January 1, 1987, a person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW.  A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.

          (6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.

          (7) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle  has been detained for a suspected violation of Title 46 RCW or an equivalent local ordinance or some other offense.

          (8) This section does not apply to 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.

          (9) The commission on equipment may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 4.24 RCW to read as follows:

          A licensed physician shall not be liable for civil damages resulting directly or indirectly from providing, or refusing to provide, a written verification that a person under that physician's care us unable to wear an automotive safety belt.

 

          NEW SECTION.  Sec. 3.     The traffic safety commission shall undertake a study of the effectiveness of section 1 of this act and shall report its finding to the legislative transportation committee by January 1, 1989.


                                                                                                                           Passed the House March 9, 1986.

 

                                                                                                                                         Speaker of the House.

 

                                                                                                                           Passed the Senate March 7, 1986.

 

                                                                                                                                       President of the Senate.