H-4091.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2414

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By House Committee on Transportation (originally sponsored by Representatives Brown, R. Fisher, Appelwick, J. Kohl, King and Patterson; by request of Washington Traffic Safety Commission)

Read first time 02/08/94.

Changing provisions relating to child passenger restraint systems.

    AN ACT Relating to child passenger restraint systems; and amending RCW 46.61.687.

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

    Sec. 1.  RCW 46.61.687 and 1993 c 274 s 1 are each amended to read as follows:

    (1) Whenever a child who is less than ((six)) ten 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, the driver of the vehicle shall keep the child properly restrained as follows:

    (a) If the child is less than ((two)) three 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;

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

    (2) 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.

(4) This section does not apply to:  (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, and (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals.

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