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SB414 SUB1 eng



Senate Bill No. 414

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)


[Originating in the Committee on Transportation and Infrastructure; reported March 3, 2005.]


A BILL to amend and reenact §17C-15-46 of the Code of West Virginia, 1931, as amended, relating to the use of child safety booster seats for children under eight years of age unless the child is at least four feet nine inches tall or taller.

Be it enacted by the Legislature of West Virginia:
That §17C-15-46 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

§17C-15-46. Child passenger safety devices required; child safety seats and booster seats.

Every driver who transports a child under the age of nine eight years in a passenger automobile, van or pickup truck other than one operated for hire shall, while such the motor vehicle is in motion and operated on a street or highway of this state, provide for the protection of such the child by properly placing, maintaining and securing such the child in a child passenger safety device system meeting applicable federal motor vehicle safety standards: Provided, That if a child is under the age of eight years and at least four years of age or at least forty pounds in weight four feet nine inches tall, a safety belt shall be sufficient to meet the requirements of this section.
Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten dollars nor more than twenty dollars.
A violation of this section shall not be deemed does not by virtue of such the violation to constitute evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.
If any provision of this section or the application thereof to any person or circumstance is held invalid, such the invalidity shall may not affect other provisions or applications of this section and to this end the subsections of this section are declared to be severable.
If all seat belts in a vehicle are being used at the time of examination by a law officer and the vehicle contains more passengers than the total number of seat belts or other safety devices as installed in compliance with federal motor vehicle safety standards, the driver shall may not be considered as violating in violation of this section.
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