ENGROSSED

COMMITTEE SUBSTITUTE

FOR

H. B. 2098
(By Mr. Speaker, Mr. Chambers, and Delegates Burk and Kessel)
(Originating in the House Committee on the Judiciary)


[February 12, 1993]


A BILL to amend article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section forty-nine, relating to the mandatory use of safety belts in passenger vehicles; defining the term "passenger vehicle" for purposes of said section; creating exceptions for certain disabled persons and United States rural postal service carriers; providing a penalty for a violation of said section; limiting the enforcement of such violation to a secondary action when the driver of a motor vehicle has been detained for probable cause of violating another section of this code; providing that evidence of a violation of this section is not admissible to prove negligence, contributory negligence or comparative negligence or to mitigate damages; and mandating the governor's highway safety program, in cooperation with other governmental agencies, to initiate and conduct safety courses and educational programs encouraging compliance with safety belt
usage laws.
 Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section forty-nine, to read as follows:
ARTICLE 15. EQUIPMENT.

ยง17C-15-49. Operation of vehicles with safety belts; exception; penalty; civil actions; educational program by department of public safety.

(a) Effective the first day of July, one thousand nine hundred ninety-three, a person may not operate a passenger vehicle on a public street or highway of this state unless the person and any passenger in such passenger vehicle is restrained by a safety belt meeting applicable federal motor vehicle safety standards. For the purposes of this section, the term "passenger vehicle" means a motor vehicle which is designed for transporting ten passengers or less, including the driver, except that such term does not include a motorcycle, a trailer, or any motor vehicle which is not required on the date of the enactment of this section under a federal motor vehicle safety standard to be equipped with a belt system. The provisions of this section shall apply to all passenger vehicles manufactured after the first day of January, one thousand nine hundred sixty-seven, and being 1968 models and newer.
(b) The required use of safety belts does not apply to a duly appointed or contracted rural mail carrier of the United States postal service who is actually making mail deliveries orto a passenger or operator with a physically disabling condition whose physical disability would prevent appropriate restraint in such safety belt if the condition is duly certified by a physician who shall state the nature of the disability as well as the reason such restraint is inappropriate. The division of motor vehicles shall adopt rules, in accordance with the provisions of chapter twenty-nine-a of this code, to establish a method to certify the physical disability and to require use of an alternative restraint system where feasible or to waive the requirement for the use of any restraint system.
(c) Any person who violates the provisions of this section shall be fined not more than twenty-five dollars. No court costs or other fees shall be assessed for a violation of this section. Enforcement of this section shall be accomplished only as a secondary action when a driver of a motor vehicle has been detained for probable cause of violating another section of this code.
(d) A violation of this section is not admissible as evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages, and shall not be admissible in mitigation of damages: Provided, That if the court without a jury finds, or the jury finds by special interrogatory, (1) that the injured party failed to wear a safety belt, and (2) that the failure to wear the safety belt constituted a failure to mitigate damages, then the trier of facts may reduce the injured party's recovery for special damages by an amount not to exceed five percent thereof. Notwithstanding any other provision of this code to the contrary, no points maybe entered on any driver's record maintained by the division of motor vehicles as a result of a violation of this section.
(e) Commencing the first day of July, one thousand nine hundred ninety-three, the governor's highway safety program, in cooperation with the division of public safety and any other state departments or agencies and with county and municipal law- enforcement agencies, shall initiate and conduct an educational program designed to encourage compliance with safety belt usage laws. This program shall be focused on the effectiveness of safety belts, the monetary savings and the other benefits to the public from usage of safety belts and the requirements and penalties specified in this law.
(f) Nothing contained in this section shall be construed to abrogate or alter the provisions of section forty-six of this article, relating to the mandatory use of child passenger safety devices.