PRINTER'S NO. 793
No. 678 Session of 2003
INTRODUCED BY SURRA, GEORGE, CAWLEY, BENNINGHOFF, DERMODY,
LAUGHLIN, CAPPELLI, LEH, HERSHEY, MUNDY, GANNON, BUXTON,
GODSHALL, NICKOL, HALUSKA, HUTCHINSON, EACHUS, YEWCIC,
METCALFE, R. STEVENSON, SOLOBAY, LaGROTTA, BISHOP, WATERS,
EGOLF, MACKERETH, BARRAR, ROHRER, SAINATO, PALLONE, FORCIER,
CIVERA AND GERGELY, MARCH 5, 2003
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 5, 2003
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)(1.1), introductory paragraph of
6 (2) and (b) and (c) of Title 75 of the Pennsylvania Consolidated
7 Statutes, amended or added December 23, 2002 (P.L.1982, No.229),
8 are amended to read:
9 § 4581. Restraint systems.
10 (a) Occupant protection.--
11 * * *
12 [(1.1) Any person who is operating a passenger car,
13 Class I truck, Class II truck, classic motor vehicle, antique
14 motor vehicle or motor home and who transports a child four
15 years of age or older but under eight years of age anywhere
16 in the motor vehicle, including the cargo area, shall fasten
1 such child securely in a fastened safety seat belt system and
2 in an appropriately fitting child booster seat, as defined in
3 subsection (d). This paragraph shall apply to all persons
4 while they are operators of motor vehicles where a seating
5 position is available which is equipped with a seat safety
6 belt or other means to secure the systems or where the
7 seating position was originally equipped with seat safety
8 belts. A conviction under this paragraph by State or local
9 law enforcement agencies shall occur only as a secondary
10 action when a driver of a motor vehicle has been convicted of
11 violating any other provision of this title.]
12 (2) Except for children under eight years of age and
13 except as provided in [paragraphs (1) and (1.1)] paragraph
14 (1), each driver and front seat occupant of a passenger car,
15 Class I truck, Class II truck or motor home operated in this
16 Commonwealth shall wear a properly adjusted and fastened
17 safety seat belt system. A conviction under this paragraph by
18 State or local law enforcement agencies shall occur only as a
19 secondary action when a driver of a motor vehicle has been
20 convicted of any other provision of this title. The driver of
21 a passenger automobile shall secure or cause to be secured in
22 a properly adjusted and fastened safety seat belt system any
23 occupant who is eight years of age or older and less than 18
24 years of age. This paragraph shall not apply to:
25 * * *
26 (b) Offense.--Anyone who fails to comply with the provisions
27 of subsection (a)(1) [or (1.1)] shall be guilty of a summary
28 offense with a maximum fine of $100. The court imposing and
29 collecting any such fines shall transfer the fines thus
30 collected to the State Treasurer for deposit in the Child
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1 Passenger Restraint Fund, pursuant to section 4582 (relating to
2 Child Passenger Restraint Fund). Anyone who violates subsection
3 (a)(2) or (3) commits a summary offense and shall, upon
4 conviction, be sentenced to pay a fine of $10. No person shall
5 be convicted of a violation of subsection (a)(2) unless the
6 person is also convicted of another violation of this title
7 which occurred at the same time. No costs as described in 42
8 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for
9 summary conviction of subsection (a)(2) or (3). Conviction under
10 this subsection shall not constitute a moving violation.
11 (c) Waiver of fine.--If a person receives a citation issued
12 by the proper authority for violation of subsection (a)(1) [or
13 (1.1)], a district justice, magistrate or judge shall dismiss
14 the charges if the person prior to or at his hearing displays
15 evidence of acquisition of a child passenger restraint system or
16 child booster seat to such district justice, magistrate or
17 judge. Sufficient evidence shall include a receipt mailed to the
18 appropriate court officer which evidences purchase, rental,
19 transferal from another child seat owner (evidenced by notarized
20 letter) or bailment from a bona fide loaner program of a child
21 passenger restraint system or child booster seat.
22 * * *
23 Section 2. This act shall take effect in 60 days.
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