S-4041               _______________________________________________

                                                   SENATE BILL NO. 5002

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators McDonald and Thompson

Read first time 1/24/86 and referred to Committee on Transportation.

AN ACT Relating to motor vehicle safety; amending RCW 46.61.687; and adding a new section to chapter 5.64 RCW.

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

        Sec. 1.  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)) six 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)) five 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. 2.  A new section is added to chapter 5.64 RCW to read as follows:

          (1) Failure to use seat belts and shoulder harnesses installed in motor vehicles or failure of a person operating or riding on a motorcycle or motor-driven cycle to wear upon his or her head a protective helmet of a type approved by the state commission on equipment  is admissible as evidence to mitigate damages in a civil action brought to recover damages for wrongful death or injuries resulting from a motor vehicle accident.

          (2) Evidence otherwise admissible under subsection (1) of this section is inadmissible regarding a person:

          (a) Who holds written verification from a licensed physician certifying that the person is:

          (i) For the period stated in the certificate, unable for medical reasons to wear a safety belt assembly; or

          (ii) Because of the person's size, build, or other physical characteristic, unable to wear a safety belt assembly;

          (b) Who is actually engaged in work that requires the person to alight from and reenter a motor vehicle at frequent intervals and who, while engaged in that work, does not drive or travel in that vehicle at a speed exceeding twenty-five miles per hour; or

          (c) Secured in a child passenger restraint device approved by the state commission on equipment.