AN
ACT Relating to enforcement of safety belt laws; amending RCW 46.61.688 and
46.61.688; providing an effective date; and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.61.688 and 1990 c 250 s 58 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.
(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)
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 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)))
(8) The 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.
Sec.
2. RCW
46.61.688 and 2000 c 190 s 3 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.
(4)
No person may operate a motor vehicle unless all child passengers under the age
of sixteen years are either: (a) Wearing a safety belt assembly or (b) are
securely fastened into an approved child restraint device.
(5)
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)
((Except for subsection (4)(b) of this section, which must be enforced as a
primary action, 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)))
(8) The 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.
NEW
SECTION. Sec. 3.
Section 1 of this act expires July 1, 2002.
NEW
SECTION. Sec. 4.
Section 2 of this act takes effect July 1, 2002.
