Text to be removed highlighted in red.
1 Youth Operators; Passenger Restraint Violations. Amend RSA 263:14, IV to read as follows:
IV. A driver who is under 18 years of age shall not be subject to license suspension for a first violation of RSA 265:107-a, I-a .
2 Passenger Restraints Required. RSA 265:107-a is repealed and reenacted to read as follows:
265:107-a Passenger Restraints Required.
I. No person shall drive a motor vehicle on any way unless such person has a safety belt meeting applicable federal motor vehicle safety standards properly fastened about his or her body.
II. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless such passenger has a safety belt meeting applicable federal motor vehicle safety standards properly fastened about his or her body. The requirements of this paragraph shall not apply with respect to passengers who are required to be fastened and secured by a child restraint system under paragraph III.
III. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213. If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply.
IV. No person 18 years of age or older shall be a passenger in any vehicle being driven on any way unless such person has a safety belt meeting applicable federal motor vehicle safety standards properly fastened about his or her body.
V. No person shall drive a motor vehicle on any way unless the motor vehicle was designed for and equipped with the passenger restraints which applicable federal motor vehicle standards require for that vehicle and, when required by this section, a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213.
VI. This section shall not apply to any of the following:
(a) A passenger in a motor vehicle regularly used to transport passengers for hire when such vehicle is used for hire;
(b) A passenger in a motor vehicle which is a school bus weighing more than 10,000 pounds;
(c) A passenger in a motor vehicle which is a school bus weighing less than 10,000 pounds that was manufactured without safety belts;
(d) A passenger on a school bus for whom there is an individualized education plan which contraindicates the use of restraints;
(e) A motor vehicle manufactured before 1968; a motorcycle as defined in RSA 259:63; an antique motor car or motorcycle as defined in RSA 259:4; or a motor vehicle which is being operated in a parade authorized by law or ordinance, provided that the parade vehicle is traveling at a speed of no more than 10 miles per hour;
(f) The driver of a motor vehicle making frequent stops in the course of the driver's business; or
(g) A person with a physical or mental condition which prevents appropriate restraint by a safety belt, as determined and certified by a licensed physician or advanced registered nurse practitioner.
VII. Any person who violates the provisions of paragraphs I, IV, and V shall be guilty of a violation, and shall be subject to the following fines:
(a) $25 for a first offense.
(b) $50 for a second or subsequent offense.
VIII. Any person who violates the provisions of paragraphs II or III shall be guilty of a violation, and shall be subject to the following fines:
(a) $50 for a first offense.
(b) $100 for a second or subsequent offense.
IX. A violation of this section shall not be used as evidence of contributory negligence in any civil action.
X. A conviction for violating the provisions of this section shall not preclude prosecution of any other offense for which violation of this section might constitute an element.
XI. The provisions of paragraphs I and IV shall be enforced only if a law enforcement officer has detained the operator of a motor vehicle for a suspected violation of another traffic offense.
3 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 Youth Operators; Passenger Restraint Violations. Amend RSA 263:14, IV to read as follows:
IV. A driver who is under 18 years of age shall not be subject to license suspension for a first violation of RSA 265:107-a, I .
2 Passenger Restraints Required. RSA 265:107-a is repealed and reenacted to read as follows:
265:107-a Passenger Restraints Required.
I. No person shall drive a motor vehicle on any way unless such person has a safety belt meeting applicable federal motor vehicle safety standards properly fastened about his or her body.
II. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless such passenger has a safety belt meeting applicable federal motor vehicle safety standards properly fastened about his or her body. The requirements of this paragraph shall not apply with respect to passengers who are required to be fastened and secured by a child restraint system under paragraph III.
III. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 7 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213. If the passenger is 57 inches or more in height, the provisions of this paragraph shall not apply.
IV. No person 18 years of age or older shall be a passenger in any vehicle being driven on any way unless such person has a safety belt meeting applicable federal motor vehicle safety standards properly fastened about his or her body.
V. No person shall drive a motor vehicle on any way unless the motor vehicle was designed for and equipped with the passenger restraints which applicable federal motor vehicle standards require for that vehicle and, when required by this section, a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213.
VI. This section shall not apply to any of the following:
(a) A passenger in a motor vehicle regularly used to transport passengers for hire when such vehicle is used for hire;
(b) A passenger in a motor vehicle which is a school bus weighing more than 10,000 pounds;
(c) A passenger in a motor vehicle which is a school bus weighing less than 10,000 pounds that was manufactured without safety belts;
(d) A passenger on a school bus for whom there is an individualized education plan which contraindicates the use of restraints;
(e) A motor vehicle manufactured before 1968; a motorcycle as defined in RSA 259:63; an antique motor car or motorcycle as defined in RSA 259:4; or a motor vehicle which is being operated in a parade authorized by law or ordinance, provided that the parade vehicle is traveling at a speed of no more than 10 miles per hour;
(f) The driver of a motor vehicle making frequent stops in the course of the driver's business; or
(g) A person with a physical or mental condition which prevents appropriate restraint by a safety belt, as determined and certified by a licensed physician or advanced registered nurse practitioner.
VII. Any person who violates the provisions of paragraphs I, IV, and V shall be guilty of a violation, and shall be subject to the following fines:
(a) $25 for a first offense.
(b) $50 for a second or subsequent offense.
VIII. Any person who violates the provisions of paragraphs II or III shall be guilty of a violation, and shall be subject to the following fines:
(a) $50 for a first offense.
(b) $100 for a second or subsequent offense.
IX. A violation of this section shall not be used as evidence of contributory negligence in any civil action.
X. A conviction for violating the provisions of this section shall not preclude prosecution of any other offense for which violation of this section might constitute an element.
XI. The provisions of paragraphs I and IV shall be enforced only if a law enforcement officer has detained the operator of a motor vehicle for a suspected violation of another traffic offense.
3 Effective Date. This act shall take effect 60 days after its passage.