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ENGROSSED
SENATE BILL 5879
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Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 02/22/93. Referred to Committee on Law & Justice.
Conforming state law on child passenger restraint systems to the Uniform
Vehicle Code.
AN ACT Relating to child passenger restraint
systems; amending RCW 46.61.687; and prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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, the driver of the vehicle shall keep the child
properly restrained as follows:
(a) If the child is less than two 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 but at
least two 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) ((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.
