PRINTER'S NO. 157
No. 134 Session of 1983
INTRODUCED BY McHALE, PISTELLA, D. R. WRIGHT, J. L. WRIGHT,
STEIGHNER, ZWIKL, HAGARTY, FREEMAN, SAURMAN, GALLAGHER,
RYBAK, GREENWOOD, MICHLOVIC, STEVENS, KUKOVICH, CLYMER,
CIVERA, PERZEL, PETRARCA, ARTY, LEVIN, DeWEESE, BALDWIN,
GRUPPO, FISCHER, COLAFELLA AND BELARDI, FEBRUARY 8, 1983
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 8, 1983
AN ACT
1 Requiring certain passenger restraint systems; and providing a
2 penalty.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Child
7 Passenger Protection Act.
8 Section 2. Requirement and penalty.
9 (a) Restraint system required.--A driver of a passenger car,
10 originally equipped with seat safety belts and registered in
11 Pennsylvania, who transports a child under 40 pounds in weight
12 or under four years of age, whichever occurs first, anywhere in
13 the vehicle, including the cargo area, where the child has not
14 been fastened securely in a child passenger restraint system, as
15 defined in section 3, if a seating position is available which
16 is equipped with a safety belt or other means to secure said
1 system shall be guilty of reckless endangerment of the child
2 passenger.
3 (b) Penalty.--Reckless endangerment of a child passenger
4 shall be a summary offense and offenders shall be subject to a
5 fine of $25.
6 (c) Waiver of penalty upon compliance.--If a person receives
7 a citation issued by the proper authority for violation of this
8 act, a district justice, magistrate or judge shall waive the
9 issuance of the penalty or fine if the person displays evidence
10 of ownership or rental of a child passenger restraint system to
11 such district justice, magistrate or judge.
12 Section 3. Standards.
13 A child passenger restraint system shall be used as designed,
14 in passenger cars originally equipped with seat safety belts and
15 shall meet the Federal Motor Vehicle Safety Standard as set
16 forth in 49 C.F.R. § 571.213.
17 Section 4. Sunset provision.
18 This act shall expire automatically three years after its
19 effective date, unless this section shall be amended or repealed
20 by the General Assembly prior thereto.
21 Section 5. Effective date.
22 This act shall take effect in 120 days.
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