PRINTER'S NO. 59
No. 42 Session of 2007
INTRODUCED BY C. WILLIAMS AND RAFFERTY, FEBRUARY 7, 2007
REFERRED TO TRANSPORTATION, FEBRUARY 7, 2007
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) and (2) and (b) of Title 75
6 of the Pennsylvania Consolidated Statutes are amended to read:
7 § 4581. Restraint systems.
8 (a) Occupant protection.--
9 * * *
10 (1.1) Any person who is operating a passenger car, Class
11 I truck, Class II truck, classic motor vehicle, antique motor
12 vehicle or motor home and who transports a child four years
13 of age or older but under eight years of age anywhere in the
14 motor vehicle, including the cargo area, shall fasten such
15 child securely in a fastened safety seat belt system and in
16 an appropriately fitting child booster seat, as defined in
17 subsection (d). This paragraph shall apply to all persons
18 while they are operators of motor vehicles where a seating
1 position is available which is equipped with a seat safety
2 belt or other means to secure the systems or where the
3 seating position was originally equipped with seat safety
4 belts. [A conviction under this paragraph by State or local
5 law enforcement agencies shall occur only as a secondary
6 action when a driver of a motor vehicle has been convicted of
7 violating any other provision of this title.]
8 (2) Except for children under eight years of age and
9 except as provided in paragraphs (1) and (1.1), each driver
10 and front seat occupant of a passenger car, Class I truck,
11 Class II truck or motor home operated in this Commonwealth
12 shall wear a properly adjusted and fastened safety seat belt
13 system. [A conviction under this paragraph by State or local
14 law enforcement agencies shall occur only as a secondary
15 action when a driver of a motor vehicle has been convicted of
16 any other provision of this title.] The driver of a passenger
17 automobile shall secure or cause to be secured in a properly
18 adjusted and fastened safety seat belt system any occupant
19 who is eight years of age or older and less than 18 years of
20 age. This paragraph shall not apply to:
21 (i) A driver or front seat occupant of any vehicle
22 manufactured before July 1, 1966.
23 (ii) A driver or front seat occupant who possesses a
24 written verification from a physician that he is unable
25 to wear a safety seat belt system for physical or medical
26 reasons, or from a psychiatrist or other specialist
27 qualified to make an informed judgment that he is unable
28 to wear a safety seat belt system for psychological
29 reasons.
30 (iii) A rural letter carrier while operating any
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1 motor vehicle during the performance of his duties as a
2 United States postal service rural letter carrier only
3 between the first and last delivery points.
4 (iv) A driver who makes frequent stops and is
5 traveling less than 15 miles per hour for the purpose of
6 delivering goods or services while in the performance of
7 his duties and only between the first and last delivery
8 points.
9 A violation of this paragraph shall not be subject to the
10 assessment of any points under section 1535 (relating to
11 schedule of convictions and points).
12 * * *
13 (b) Offense.--Anyone who fails to comply with the provisions
14 of subsection (a)(1) or (1.1) shall be guilty of a summary
15 offense with a maximum fine of $100. The court imposing and
16 collecting any such fines shall transfer the fines thus
17 collected to the State Treasurer for deposit in the Child
18 Passenger Restraint Fund, pursuant to section 4582 (relating to
19 Child Passenger Restraint Fund). Anyone who violates subsection
20 (a)(2) or (3) commits a summary offense and shall, upon
21 conviction, be sentenced to pay a fine of $10. [No person shall
22 be convicted of a violation of subsection (a)(2) unless the
23 person is also convicted of another violation of this title
24 which occurred at the same time.] No costs as described in 42
25 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for
26 summary conviction of subsection (a)(2) or (3). Conviction under
27 this subsection shall not constitute a moving violation.
28 * * *
29 Section 2. This act shall take effect in 60 days.
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