SHB 2110 -
By Representative Hankins
On page 2, after line 13, insert the following:
"(4) If any accident reports, information, or statistical analyses
obtained under subsection (3) of this section are introduced as
evidence by plaintiffs in a civil action, a person's failure to comply
with the duty to wear a safety belt assembly is also admissible as
evidence of negligence in the same civil action."
On page 3, after line 5, insert the following:
"Sec. 4 RCW 46.61.688 and 2003 c 353 s 4 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) "Neighborhood electric vehicle," meaning a self-propelled,
electrically powered four-wheeled motor vehicle whose speed attainable
in one mile is more than twenty miles per hour and not more than
twenty-five miles per hour and conforms to federal regulations under
Title 49 C.F.R. Part 571.500;
(d) "Passenger cars," meaning motor vehicles with motive power,
except multipurpose passenger vehicles, motorcycles, or trailers,
designed for carrying ten passengers or less; and
(e) "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 and to neighborhood electric vehicles. 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
except as provided in RCW 46.52.060(4).
(7) 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.
(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."
Correct the title.
EFFECT: In any action where plaintiffs use any accident reports, information, or statistical analyses as evidence in a civil action, a person's failure to wear a seat belt may also be used as evidence of negligence.