5879.E AMH TR H2367.1

ESB 5879 - H COMM AMD ADOPTED 4-15-93

By Committee on Transportation

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 46.61.687 and 1987 c 330 s 745 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 patrol.  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)) Whenever a child who is less than six years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, with the exception of (a) for hire vehicles as defined in RCW 46.72.010(1); (b) motor vehicles designed to transport sixteen or more passengers, including the driver; (c) rental car businesses with fleets of fewer than fifteen motor vehicles; and (d) auto transportation companies, the driver of the vehicle shall keep the child properly restrained as follows:

(i) If the child weighs less than forty pounds or is less than four years of age, the child shall be properly restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system;

(ii) If the child is less than six but weighs at least forty pounds or is at least four years of age, the child shall be restrained either as specified in (ii) of this subsection or with a safety belt properly adjusted and fastened around the child's body.

    (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."

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