State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2539: seat belts; primary enforcement

PRIME SPONSOR: Representative Thorpe, LD 6

BILL STATUS: Public Safety

 

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires each occupant of a motor vehicle to wear a seat belt.

History

Each front seat occupant of a motor vehicle that is designed for carrying 10 or fewer passengers, manufactured after 1972 and required to be equipped with an integrated lap and shoulder belt or lap belt pursuant to federal motor vehicle safety standards must either:

a.       Have the lap and shoulder belt properly adjusted and fastened while the vehicle is in motion; or

b.       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.

Additionally, the operator of a motor vehicle must require each passenger under 16 years of age to also meet the above requirements.

A peace officer is prohibited from stopping or issuing a citation to a person who commits a violation unless there is reasonable cause to believe that there is another alleged motor vehicle law violation.

Statute outlines exemptions to these provisions which include: 1) a child secured in a child restraint system; 2) a person with a written statement from a physician or registered nurse practitioner that the person is unable to wear a lap and shoulder belt or lap belt for medical or psychological reasons; or 3) a letter carrier of the U.S. postal service in the performance of their duties (A.R.S. § 28-909).

Provisions

1.       Requires each motor vehicle occupant to have either the lap and shoulder belt or lap belt properly adjusted and fastened while a vehicle is in motion. (Sec. 1)

2.       Specifies that the first violation in a 12-month period is not a civil traffic violation and may not result in a citation.

a.       Allows a peace officer to issue a verbal or written warning. (Sec. 1)

3.       Exempts a person using a motor vehicle primarily for agricultural or mining purposes. (Sec. 1)

4.       Removes language prohibiting a peace officer from stopping or issuing a citation to a person who commits a violation unless there is reasonable cause to believe that there is another alleged motor vehicle law violation. (Sec. 1)

5.       Contains a legislative intent clause. (Sec. 2)

6.        

7.        

8.       ---------- DOCUMENT FOOTER ---------

9.       Fifty-fourth Legislature                       HB 2539

10.   First Regular Session                            Version 1: Public Safety

11.    

12.   ---------- DOCUMENT FOOTER ---------