AN ACT Relating to motor vehicle passenger safety device usage; amending RCW 46.61.687 and 46.61.688; creating a new chapter in Title 48 RCW; declaring an emergency; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that laws requiring the use of child restraints in motor vehicles and the use of motor vehicle seat belts will result in a significant reduction in the loss of lives and injuries from motor vehicle accidents. The legislature further finds that other reductions are expected from those laws in the area of court costs, hospital and medical costs, and property damage. It is therefore the intent of this chapter that the monetary savings achieved as a result of seat belt usage accrue to Washington's citizens themselves by providing for a system of motor vehicle insurance rate reductions to serve as an incentive for further seat belt usage.

NEW SECTION. Sec. 2. The insurance commissioner shall effect a reduction in motor vehicle insurance premiums that reflects the savings attributable to the mandatory use of seat belts, child restraints, and other lifesaving devices. The reduction shall take effect when the state-wide usage of seat belts exceeds fifty-five percent. The reduction shall be not less than fifteen percent of the average motor vehicle premium for the previous year. The reduction shall be available to every resident of the state who has a motor vehicle insurance policy on or after July 1, 1987.

NEW SECTION. Sec. 3. (1) The commissioner shall effect a twenty-five percent reduction in motor vehicle insurance premiums for any motor vehicle licensed in Washington state when the vehicle is equipped with automatic air bag devices designed to protect the driver from injury.

(2) The commissioner shall effect a thirty percent reduction in motor vehicle insurance premiums for any motor vehicle licensed in Washington state when the vehicle is equipped with automatic air bag devices designed to protect the driver and front seat occupants from injury.

(3) The commissioner shall effect a twenty percent reduction in motor vehicle insurance premiums for any vehicle licensed in Washington state when the vehicle is equipped with passive restraint devices other than air bags.

(4) The rate reductions directed by this section include the reduction made under section 2 of this act.

NEW SECTION. Sec. 4. A person who is found to have committed the traffic infraction of failing to wear a safety belt is not eligible for premium reductions under section 2 or 3 of this act during the next policy period after the finding.

NEW SECTION. Sec. 5. The commissioner, in consultation with the Washington traffic safety commission, shall adopt, pursuant to chapter 34.04 RCW, definitions of "air bags" and "passive restraint devices" and any other terms the commissioner determines to be necessary. The commissioner may adopt other rules pursuant to chapter 34.04 RCW for the implementation of this chapter.

NEW SECTION. Sec. 6. (1) The motor vehicle insurance rate reductions required by this chapter apply to insurance policies issued or renewed after July 1, 1987.

(2) All policies issued that include a rate reduction pursuant to this chapter shall identify the amount of reduction and the reasons for the reduction.

(3) Any insured who has been cited for violation of the mandatory seat belt or child restraint law shall not qualify for a rate reduction for the next policy period.

NEW SECTION. Sec. 7. The commissioner shall annually report to the senate and house committees on transportation and the senate and house committees on financial institutions and insurance regarding this chapter.

Sec. 8. 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~~)) No person may transport a child less than five years old((~~, when the parent or legal guardian is operating anywhere in the state his or her own~~)) in a motor vehicle ((~~registered under chapter 46.16 RCW, in which the child is a passenger, shall have~~)) unless the child is 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.

Sec. 9. Section 1, chapter 152, Laws of 1986 and RCW 46.61.688 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 are required to 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) ((~~During the period from June 11, 1986, to January 1, 1987, a person violating this section may be issued a written warning of the violation. After January 1, 1987,~~)) 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 except for the purposes of carrying out this section or section 4 of this act.

(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) The commission on equipment 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. 10. Sections 1 through 7 of this act shall constitute a new chapter in Title 48 RCW.

NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1987.