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Introduced Version House Bill 2946 History

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hb2946 intr H. B. 2946

(By Delegates Palumbo, Webster, Brown, Amores,
Howard and Morgan)
[Introduced March 9, 2005 ; referred to the
Committee on the Judiciary.]

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:

ARTICLE 15. EQUIPMENT.

§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.

NOTE: The purpose of this bill is to require 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.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.