AN ACT Relating to automotive safety restraints; amending RCW 46.37.510, 46.61.687, and 46.81.020; and adding a new section to chapter 46.61 RCW.

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

Sec. 1. Section 1, chapter 117, Laws of 1963 as amended by section 42, chapter 355, Laws of 1977 ex. sess. and RCW 46.37.510 are each amended to read as follows:

(1) No person ((~~shall~~)) may sell any automobile manufactured or assembled after January 1, 1964, nor ((~~shall~~)) may any owner cause such vehicle to be registered thereafter under the provisions of chapter 46.12 RCW unless such motor car or automobile is equipped with automobile seat belts installed for use on the front seats thereof which are of a type and are installed in a manner approved by the state commission on equipment. Where registration is for transfer from an out-of-state license, the applicant shall be informed of this section by the issuing agent and ((~~have~~)) has thirty days to comply. The state commission on equipment shall adopt and enforce standards as to what ((~~shall~~)) constitutes adequate and safe seat belts and for the fastening and installation thereof((,)). Such standards shall not to be below those specified as minimum requirements by the Society of Automotive Engineers on June 13, 1963.

(2) Every passenger car manufactured or assembled after January 1, 1965, shall be equipped with at least two lap-type safety belt assemblies for use in the front seating positions.

(3) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with a lap-type safety belt assembly for each permanent passenger seating position. The maximum number of passengers lawfully permitted in a vehicle manufactured after January 1, 1968, shall be determined by the number of available safety belts. This ((~~requirement shall~~)) subsection does not apply to police vehicles.

(4) Every passenger car manufactured or assembled after January 1, 1968, shall be equipped with at least two shoulder harness-type safety belt assemblies for use in the front seating positions.

(5) The commission on equipment shall adopt rules that excuse specified types of motor vehicles or seating positions within any motor vehicle from the requirements imposed by subsections (1), (2), and (3) of this section when compliance would be impractical. The commission shall adopt rules concerning the maximum number of passengers lawfully permitted in vehicles manufactured before January 1, 1968.

(6) All motor vehicles manufactured or assembled after January 1, 1986, shall be equipped with safety belts meeting the requirements of this section, except for those vehicles exempted by rule of the commission on equipment.

(7) No person ((~~shall~~)) may distribute, have for sale, offer for sale, or sell any safety belt or shoulder harness for use in motor vehicles unless it meets current minimum standards and specifications approved by the commission or the United States department of transportation.

Sec. 2. Section 2, chapter 215, Laws of 1983 and RCW 46.61.687 are each amended to read as follows:

(1) After December 31, 1983, the parent or legal guardian of a child less than five years old, when the parent or legal guardian is operating anywhere in the state his or her own motor vehicle registered under chapter 46.16 RCW, in which the child is a passenger, shall have the child properly secured in a manner approved by the state commission on equipment. Even though a separate child passenger restraint device is considered the ideal method of protection, a properly adjusted and fastened, federally approved seat belt is deemed sufficient to meet the requirements of this section for children one through four years of age.

(2) ((~~During the period from January 1, 1984, to July 1, 1984, a person violating subsection (1) of this section may be issued a written warning of the violation. After July 1, 1984,~~)) A person violating subsection (1) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. ((If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system within seven days to the jurisdiction issuing the notice, the jurisdiction shall dismiss the notice of traffic infraction. If the person fails to present proof of acquisition within the time required, he or she is subject to a penalty assessment of not less than thirty dollars.))

(3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.

NEW SECTION. Sec. 3. A new section is added to chapter 46.61 RCW to read as follows:

(1) No person may operate a motor vehicle manufactured after January 1, 1968, carrying a greater number of persons than the number of available safety belts.

(2) Every person operating or riding in a motor vehicle shall wear the complete safety belt assembly in a properly adjusted and securely fastened manner.

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

(4) A person violating this section may be issued a notice of traffic infraction under chapter 46.63 RCW.

(5) 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.

(6) The traffic safety commission 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. The commission may also adopt rules for obtaining a waiver from the requirement of wearing a safety belt for medical or physical reasons.

Sec. 4. Section 3, chapter 39, Laws of 1963 as last amended by section 196, chapter 158, Laws of 1979 and RCW 46.81.020 are each amended to read as follows:

(1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective state-wide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules and regulations governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter.

(2) The superintendent of public instruction shall establish a program that provides children in grades K to 12 with instruction in basic traffic safety including the requirement that adults and children wear seat belts as required under section 3 of this act.

(3) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor.

((~~(3)~~)) (4) The board of directors of a school district, or combination of school districts, may contract with any drivers' school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers' school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.