AN ACT Relating to
enforcement of safety belt laws; amending RCW 46.61.688 and 46.61.688;
providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 46.61.688 and 1990 c
250 s 58 are each amended 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) 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))) (8)
The state patrol 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.
Sec. 2. RCW 46.61.688 and 2000 c
190 s 3 are each amended 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 child passengers under the age of sixteen
years are either: (a) Wearing a safety belt assembly or (b) are securely
fastened into an approved child restraint device.
(5) 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) ((Except for
subsection (4)(b) of this section, which must be enforced as a primary action,
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))) (8)
The state patrol 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.
3. Section 1 of this act
expires July 1, 2002.
NEW
SECTION. Sec. 4. Section 2 of this act
takes effect July 1, 2002.
