S-312                 _______________________________________________

                                                   SENATE BILL NO. 5015

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senator Kreidler

Prefiled with Secretary of the Senate 12/16/88.  Read first time 1/9/89 and referred to Committee on Transportation.

AN ACT Relating to motor vehicle safety belts; and amending RCW 46.61.688.

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

        Sec. 1.  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 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.  Passengers under the age of five years shall comply with RCW 46.61.687.

          (4) No person may operate a motor vehicle unless all passengers under the age of ((sixteen)) eighteen 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.

          (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 as to operators or passengers eighteen years of age or older 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.  Enforcement of this section may be accomplished as a primary action as to operators or passengers under the age of eighteen years.

          (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)) 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.