Senate Bill No. 37
(By Senator Holliday)
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[Introduced February 10, 1993;
referred to the Committee on the Judiciary.]
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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 motor vehicle equipment; mandating
the use of safety belts during the operation of vehicles;
exception; violation not admissible in civil cases;
educational programs; and providing criminal penalties.
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.
§17C-15-49. Use of safety belts during operation of motor
vehicles; exception; penalty; civil actions; educational
program by department of public safety.
(a) Effective on the first day of July, one thousand ninehundred ninety-three, no person may operate a motor vehicle
unless such person is restrained by a safety belt approved by the
commissioner. No person over the age of five may be a passenger
in a motor vehicle unless such person is restrained by a safety
belt approved by the commissioner. For the purposes of this
section, the term "motor vehicle" includes all motor vehicles
which are required to be equipped with safety belts by section
forty-three of this article.
(b) The required use of safety belts does not apply to a
passenger or operator with a physically disabling condition which
would prevent appropriate restraint in a safety belt if the
condition is duly certified by a physician who shall state the
nature of the handicap and the reason such restraint is
inappropriate. The department 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 punished by a civil fine of up to twenty-five dollars.
Actions for violations of this section shall be brought in the
magistrate court in the county or the municipal court in the
municipality wherein the offense took place.
(d) A violation of this section is not admissible as
evidence of negligence, contributory negligence or comparativenegligence in any civil action or proceeding for damages.
(e) The department of public safety in cooperation with any
other state departments or agencies designated by the governor
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.
NOTE: The purpose of this bill is to provide for mandatory
use of seat belts in automobiles after July 1, 1993. Failure to
use seat belts will result in a fine of up to twenty-five
dollars. The bill also provides an exception for physically
disabled persons whose condition would prevent appropriate
restraint in such safety belt. An educational program designed
to encourage compliance with safety belt usage laws would be
conducted.
This section is new; therefore, strike-throughs and
underscoring have been omitted.