PRINTER'S NO. 1282

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1165 Session of 1993


        INTRODUCED BY SAURMAN, HECKLER, GEIST, MILLER, TRELLO AND
           CORNELL, APRIL 19, 1993

        REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 19, 1993

                                     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 registered in Pennsylvania and who
    12     transports a child under four years of age anywhere in the
    13     motor vehicle, including the cargo area, shall fasten such
    14     child securely in a child passenger restraint system, as
    15     defined in subsection (d). This subsection shall apply to all
    16     persons while they are operators of motor vehicles where a
    17     seating position is available which is equipped with a seat


     1     safety belt or other means to secure the systems or where the
     2     seating position was originally equipped with seat safety
     3     belts.
     4         (2)  Except for children under four years of age and
     5     except as provided in paragraph (1), each driver [and front],
     6     front seat occupant and rear seat occupant of a passenger
     7     car, Class I truck, Class II truck or motor home operated in
     8     this Commonwealth shall wear a properly adjusted and fastened
     9     safety seat belt system. [A conviction under this paragraph
    10     by State or local law enforcement agencies shall occur only
    11     as a secondary action when a driver of a motor vehicle has
    12     been convicted of any other provision of this title.] The
    13     driver of a passenger automobile shall secure or cause to be
    14     secured in a properly adjusted and fastened safety seat belt
    15     system any [occupant in the front seat who is] occupants in
    16     the front and rear seats who are four years of age or older
    17     and less than 18 years of age. This paragraph shall not apply
    18     to:
    19             (i)  A driver [or front], front seat occupant or rear
    20         seat occupant of any vehicle manufactured before July 1,
    21         1966.
    22             (ii)  A driver [or front], front seat occupant or
    23         rear seat occupant who possesses a written verification
    24         from a physician that he is unable to wear a safety seat
    25         belt system for physical or medical reasons, or from a
    26         psychiatrist or other specialist qualified to make an
    27         informed judgment that he is unable to wear a safety seat
    28         belt system for psychological 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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