PRINTER'S NO. 3799
No. 2764 Session of 1996
INTRODUCED BY GODSHALL, E. Z. TAYLOR, GORDNER AND BELFANTI,
JUNE 19, 1996
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 19, 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. Sections 4581(e) and 4585 of Title 75 of the
6 Pennsylvania Consolidated Statutes are amended to read:
7 § 4581. Restraint systems.
8 * * *
9 (e) Civil actions.--In no event shall a violation or alleged
10 violation of this subchapter be used as evidence in a trial of
11 any civil action; nor shall any jury in a civil action be
12 instructed that any conduct did constitute or could be
13 interpreted by them to constitute a violation of this
14 subchapter[; nor shall failure]. Failure to use a child
15 passenger restraint system or safety seat belt system, as
16 required by this subchapter, may be considered as contributory
17 negligence [nor shall] and failure to use such a system may be
1 admissible as evidence of contributory negligence in the trial
2 of any civil action[; nor shall this subchapter], provided that
3 such evidence may be admitted to prove the extent to which
4 injuries sustained would have been avoided or reduced by
5 compliance with this subchapter. Further, this subchapter shall
6 not impose any legal obligation upon or impute any civil
7 liability whatsoever to an owner, employer, manufacturer, dealer
8 or person engaged in the business of renting or leasing vehicles
9 to the public to equip a vehicle with a child passenger
10 restraint system or to have such child passenger restraint
11 system available whenever their vehicle may be used to transport
12 a child.
13 * * *
14 § 4585. Use of information or evidence of violation of
15 subchapter.
16 [The] Except as provided in section 4581(e) (relating to
17 restraint systems), the requirements of this subchapter or
18 evidence of a violation of this subchapter may not be used by an
19 insurer for any purpose.
20 Section 2. This act shall take effect in 60 days.
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