SB129 SUB1
Senate Bill 129 History
OTHER VERSIONS -
Introduced Version
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Key: Green = existing Code. Red = new code to be enacted
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 129
(By
Senators Palumbo, McCabe, Beach and Green
)
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[Originating in the Committee on Transportation and
Infrastructure; reported February 20, 2013.]
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A BILL to amend and reenact §17C-15-49 of the Code of West
Virginia, 1931, as amended, relating to making the offense of
failure to wear safety belts a primary offense; requiring all
passengers in the back seat to be restrained by a safety belt
or child passenger safety device system; limiting an exception
for mail carriers to operators; broadening an exception
regarding physical disability; and specifying the fine amount.
Be it enacted by the Legislature of West Virginia:
That §17C-15-49 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-49. Operation of vehicles with safety belts; exception;
penalty; civil actions; educational program by
West Virginia State Police.
(a) Effective September 1, one thousand nine hundred ninety-three 2013, a person may not operate a passenger vehicle on a
public street or highway of this state unless the person, any
passenger in the back seat under eighteen years of age and any
passenger in the front seat of such the passenger vehicle is
restrained by a safety belt or child passenger safety device system
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 the 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 January 1, 1967, and being
1968 models and newer.
(b) The required use of safety belts as provided herein in
this section does not apply to an operator who is a duly appointed
or contracted rural mail carrier of the United States Postal
Service who is actually making mail deliveries or to a passenger or
operator with a physically disabling medical condition whose
physical disability that would prevent appropriate restraint in
such with the safety belt or child passenger safety device system
if the condition is duly certified by a physician who shall state
states the nature of the disability medical condition as well as the reason such the restraint is inappropriate. The Division of
Motor Vehicles shall adopt propose rules for legislative approval,
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 $25. No court costs or
other fees shall Court costs or other fees may not 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
passenger 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 is not be
admissible in mitigation of damages: Provided, That the court may,
upon motion of the defendant, conduct an in camera hearing to
determine whether an injured party's failure to wear a safety belt
was a proximate cause of the injuries complained of. Upon such a
finding by the court, the court may then, in a jury trial, by
special interrogatory to the jury, determine: (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. The trier of fact may reduce the injured party's recovery for
medical damages by an amount not to exceed five percent thereof of
the medical damages. In the event the plaintiff stipulates to the
reduction of five percent of medical damages, the court shall make
the calculations and the issue of mitigation of damages for failure
to wear a safety belt shall may not be presented to the jury. In
all cases, the actual computation of the dollar amount reduction
shall be determined by the court.
(e) Notwithstanding any other provision of this code to the
contrary, no points may be entered on any driver's record
maintained by the Division of Motor Vehicles as a result of a
violation of this section.
(f) 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 West Virginia State
Police 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.
(g) Nothing contained in this section shall be construed to
abrogate or alter abrogates or alters the provisions of section forty-six of this article relating to the mandatory use of child
passenger safety devices.
NOTE: The purpose of this bill is to change the offense of
failure to wear a safety belt to a primary offense, to require that
all passengers regardless of age be restrained by a seat belt or
child passenger safety device system, to limit an exception for
mail carriers to operators, to broaden a physical disability
exception to any medical condition, and to specify the fine amount
in order to comply with grant criteria requirements for federal
highway safety grants.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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