H-894                _______________________________________________

                                                   HOUSE BILL NO. 1020

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representative Tilly

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to automotive safety restraints; 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 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) Except as provided in section 2 of this act, 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 be in compliance with the requirements of RCW 46.61.687(1) during a motor vehicle accident is admissible as evidence to mitigate damages in a civil action brought to recover damages for wrongful death or injuries resulting from the accident.

          (2) Failure to use seat belts and shoulder harnesses installed in motor vehicles 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.

          (3) The traffic safety commission may by rule make evidence otherwise admissible under subsection (2) of this section, inadmissible regarding operators of vehicles that are required to make frequent stops, farm vehicles, construction equipment, and similar vehicles.  The commission may also by rule make such evidence inadmissible regarding passengers or operators with physically disabling conditions whose physical disability prevents appropriate restraint in seat belts or shoulder harnesses.