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PRINTER'S NO. 1591
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1152
Session of
2015
INTRODUCED BY BROWNE, VULAKOVICH, BARTOLOTTA, McGARRIGLE,
MENSCH, RAFFERTY, RESCHENTHALER, TEPLITZ, COSTA, DINNIMAN,
TARTAGLIONE AND KITCHEN, MARCH 9, 2016
REFERRED TO TRANSPORTATION, MARCH 9, 2016
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in other required equipment, further providing for
restraint systems; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of Subchapter E of Chapter 45 of
Title 75 of the Pennsylvania Consolidated Statutes is amended to
read:
SUBCHAPTER E
[CHILD PASSENGER] OCCUPANT PROTECTION
Section 2. Section 4581(a)(1), (1.1) and (2)(i) of Title 75
are amended to read:
§ 4581. Restraint systems.
(a) Occupant protection.--
(1) [Any] (i) Except as provided under subparagraph
(ii), any person who is operating a passenger car, Class
I truck, Class II truck, classic motor vehicle, antique
motor vehicle or motor home and who transports a child
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under four years of age anywhere in the motor vehicle,
including the cargo area, shall fasten such child
securely in a child passenger restraint system, as
[defined] provided in subsection (d).
(ii) Any person who is operating a passenger car,
Class I truck, Class II truck, classic motor vehicle,
antique motor vehicle or motor home and who transports a
child under two years of age anywhere in the motor
vehicle shall fasten such child securely in a rear-facing
child passenger restraint system, to be used until the
child outgrows the maximum weight and height limits
designated by the manufacturer, as provided in subsection
(d).
(iii) This [subsection] paragraph shall apply to all
persons while they are operators of motor vehicles where
a seating position is available which is equipped with a
seat safety belt or other means to secure the systems or
where the seating position was originally equipped with
seat safety belts.
(1.1) Any person who is operating a passenger car, Class
I truck, Class II truck, classic motor vehicle, antique motor
vehicle or motor home and who transports a child four years
of age or older but under eight years of age anywhere in the
motor vehicle, including the cargo area, shall fasten such
child securely in a fastened safety seat belt system and in
an appropriately fitting child booster seat, as [defined]
provided in subsection (d). This paragraph shall apply to all
persons while they are operators of motor vehicles where a
seating position is available which is equipped with a seat
safety belt or other means to secure the systems or where the
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seating position was originally equipped with seat safety
belts.
(2) (i) The driver of a passenger car, Class I truck,
Class II truck or motor home operated in this
Commonwealth [shall secure or cause to be secured in a
properly adjusted and fastened safety seat belt system on
the driver, if under 18 years of age, and every vehicle
occupant eight years of age or older but under 18 years
of age.] shall:
(A) if under 18 years of age, be secured in a
properly adjusted and fastened safety seat belt
system ; and
(B) secure or cause to be secured in a properly
adjusted and fastened safety seat belt every vehicle
occupant eight years of age or older but under 18
years of age.
* * *
Section 3. Notwithstanding the provisions of 75 Pa.C.S. §
4581(b), a law enforcement official authorized to issue
citations for a violation of 75 Pa.C.S. § 4581(a)(1)(ii) shall,
during the first year following the effective date of this
section, only issue verbal warnings to individuals who are in
violation of 75 Pa.C.S. § 4581(a)(1)(ii).
Section 4. This act shall take effect in 60 days.
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