PRINTER'S NO. 3715

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2704 Session of 1996


        INTRODUCED BY CORNELL, L. I. COHEN, WAUGH, ROBERTS, HERSHEY,
           GRUPPO, STABACK, PETTIT, YOUNGBLOOD, JAMES, MERRY, GIGLIOTTI,
           ROONEY, BARD, HALUSKA, FICHTER, TRAVAGLIO, BELFANTI, TRELLO,
           STETLER, E. Z. TAYLOR AND RAMOS, JUNE 13, 1996

        REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 13, 1996

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for restraint systems.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Section 4581(a) of Title 75 of the Pennsylvania
     6  Consolidated Statutes is amended to read:
     7  § 4581.  Restraint systems.
     8     (a)  Occupant protection.--
     9         (1)  Any person who is operating a passenger car, Class I
    10     truck, Class II truck, classic motor vehicle, antique motor
    11     vehicle or motor home and who transports a child under four
    12     years of age anywhere in the motor vehicle, including the
    13     cargo area, shall fasten such child securely in a child
    14     passenger restraint system, as defined in subsection (d). For
    15     purposes of this paragraph, only one child at a time must be
    16     secured by a seat safety belt. This subsection shall apply to
    17     all persons while they are operators of motor vehicles where

     1     a seating position is available which is equipped with a seat
     2     safety belt or other means to secure the systems or where the
     3     seating position was originally equipped with seat safety
     4     belts.
     5         (2)  Except for children under four years of age and
     6     except as provided in paragraph (1), each driver and front
     7     seat occupant of a passenger car, Class I truck, Class II
     8     truck or motor home operated in this Commonwealth shall wear
     9     a properly adjusted and fastened safety seat belt system. For
    10     purposes of this paragraph, a seat safety belt may be worn by
    11     only one person at a time. A conviction under this paragraph
    12     by State or local law enforcement agencies shall occur only
    13     as a secondary action when a driver of a motor vehicle has
    14     been convicted of any other provision of this title. The
    15     driver of a passenger automobile shall secure or cause to be
    16     secured in a properly adjusted and fastened safety seat belt
    17     system any occupant in the front seat who is four years of
    18     age or older and less than 18 years of age. This paragraph
    19     shall not apply to:
    20             (i)  A driver or front seat occupant of any vehicle
    21         manufactured before July 1, 1966.
    22             (ii)  A driver or front seat occupant who possesses a
    23         written verification from a physician that he is unable
    24         to wear a safety seat belt system for physical or medical
    25         reasons, or from a psychiatrist or other specialist
    26         qualified to make an informed judgment that he is unable
    27         to wear a safety seat belt system for psychological
    28         reasons.
    29             (iii)  A rural letter carrier while operating any
    30         motor vehicle during the performance of his duties as a
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     1         United States postal service rural letter carrier only
     2         between the first and last delivery points.
     3             (iv)  A driver who makes frequent stops and is
     4         traveling less than 15 miles per hour for the purpose of
     5         delivering goods or services while in the performance of
     6         his duties and only between the first and last delivery
     7         points.
     8     A violation of this paragraph shall not be subject to the
     9     assessment of any points under section 1535 (relating to
    10     schedule of convictions and points).
    11     * * *
    12     Section 2.  This act shall take effect in 60 days.












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