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REFERENCE TITLE: seat belts; primary enforcement |
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State of Arizona House of Representatives Fifty-fourth Legislature First Regular Session 2019
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HB 2539 |
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Introduced by Representative Thorpe
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AN ACT
amending section 28‑909, Arizona Revised Statutes; relating to vehicle restraints.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 28-909, Arizona Revised Statutes, is amended to read:
28-909. Vehicle restraints required; exceptions; civil penalty
A. Each front seat occupant of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 Code of Federal Regulations section 571.208 shall either:
1. Have the lap and shoulder belt properly adjusted and fastened while the vehicle is in motion.
2. If only a lap belt is installed where the occupant is sitting, have the lap belt properly adjusted and fastened while the vehicle is in motion.
B. The operator of a motor vehicle that is designed for carrying ten or fewer passengers, that is manufactured for the model year 1972 and thereafter and that is required to be equipped with an integrated lap and shoulder belt or a lap belt pursuant to the federal motor vehicle safety standards prescribed in 49 Code of Federal Regulations section 571.208 shall require each passenger under sixteen years of age to either:
1. Have the lap and shoulder belt properly adjusted and fastened while the vehicle is in motion.
2. If only a lap belt is installed where the passenger is sitting, have the lap belt properly adjusted and fastened while the vehicle is in motion.
C. A peace officer shall not stop or issue a citation to a person operating a motor vehicle on a highway in this state for a violation of this section unless the peace officer has reasonable cause to believe there is another alleged violation of a motor vehicle law of this state.
C. The first violation of this section in a twelve‑month period is not a civil traffic violation and may not result in a citation. A peace officer may issue a verbal or written warning or notice to a person for the first violation of this section in a twelve‑month period.
D. If a person is found responsible for a civil traffic violation under this section, a department or agency of this state shall not consider the violation for the purpose of determining whether the person's driver license should be suspended or revoked. A court shall not transmit abstracts of records of violations of this section to the department.
E. An insurer shall not consider a civil traffic violation under this section as a traffic violation against the person for the purposes of establishing rates for motor vehicle liability insurance or determining the insurability of the person. An insurer shall not cancel or refuse to renew any policy of insurance because of the violation.
F. This section does not apply to:
1. A child subject to the requirements of section 28‑907.
2. A person possessing a written statement from a physician or a registered nurse practitioner that the person is unable for medical or psychological reasons to wear a lap and shoulder belt or a lap belt.
3. A letter carrier of the United States postal service while the letter carrier is performing the letter carrier's duties.
4. A person using a motor vehicle primarily for agricultural purposes.
5. A person using a motor vehicle primarily for mining purposes.
G. If a person is found responsible for a civil traffic violation under this section, the person is subject to a maximum civil penalty of ten dollars $10 for each violation.
Sec. 2. Legislative intent
A. According to the department of transportation, in 2017 one thousand persons were killed as a result of traffic accidents in this state and two hundred thirty of those persons were not wearing seatbelts at the time of the accidents.
B. The national highway traffic safety administration reports that of the thirty‑seven thousand four hundred sixty‑one persons who were killed as a result of traffic accidents in the United States, forty-eight percent were not wearing seatbelts at the time of the accidents.
C. It is the intent of the legislature to protect public safety by making this state's seatbelt law apply to all occupants of a motor vehicle.