PRIOR PRINTER'S NO. 21 PRINTER'S NO. 508
No. 21 Session of 1983
INTRODUCED BY HOLL, JANUARY 12, 1983
SENATOR KUSSE, TRANSPORTATION, AS AMENDED, MARCH 15, 1983
AN ACT
1 Requiring certain passenger restraint systems.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Short title.
5 This act shall be known and may be cited as the Child
6 Passenger Protection Act.
7 Section 2. Legislative intent.
8 It is recognized that child restraint systems decrease
9 injuries due to motor vehicle accidents and it is the intent of
10 the General Assembly that use of child passenger restraint
11 systems by Commonwealth motorists be encouraged.
12 Section 3. Restraint systems.
13 (a) Child passenger protection.--Any driver of a passenger
14 car, Class I truck, Class II truck, classic motor vehicle,
15 antique motor vehicle or motor home registered in Pennsylvania
16 who transports a child who is either under 40 pounds in weight
17 or under four years of age, anywhere in the vehicle, including
1 the cargo area, shall fasten such child securely in a child
2 passenger restraint system, as defined in subsection (c). This
3 subsection shall apply to all drivers of vehicles where a
4 seating position is available which is equipped with a safety
5 belt or other means to secure the system or where the seating
6 position was originally equipped with seat safety belts.
7 (b) Hazard warning.--A driver who is not in compliance with
8 subsection (a) shall be given a hazard warning by the State
9 Police or local law enforcement officer as to the possible
10 danger to children due to failure to use a child passenger
11 restraint system as described in subsections (a) and (c). No
12 other penalty shall be assessed against a driver for failure to
13 comply with this act.
14 (c) Standards.--A child passenger restraint system shall be
15 used as designed by the manufacturer of the system in motor
16 vehicles equipped with seat safety belts and shall meet the
17 Federal Motor Vehicle Safety Standard 49 C.F.R. § 571.213.
18 (d) Civil actions.--In no event shall failure to use a child
19 passenger restraint system be considered as contributory
20 negligence nor shall failure to use such a system be admissible
21 as evidence in the trial of any civil action; NOR SHALL THIS ACT <--
22 IMPOSE ANY LEGAL OBLIGATION UPON OR IMPUTE ANY CIVIL LIABILITY
23 WHATSOEVER TO AN OWNER, EMPLOYER, MANUFACTURER, DEALER OR PERSON
24 ENGAGED IN THE BUSINESS OF RENTING OR LEASING VEHICLES TO THE
25 PUBLIC TO EQUIP A VEHICLE WITH A CHILD RESTRAINT SYSTEM OR TO
26 HAVE SUCH CHILD RESTRAINT SYSTEM AVAILABLE WHENEVER THEIR
27 VEHICLE MAY BE USED TO TRANSPORT A CHILD.
28 (e) Exemptions.--Exemptions will be allowed if it is
29 determined, according to the rules and regulations of the
30 Department of Transportation, that the use of a child passenger
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1 restraint system would be impractical for physical reasons,
2 including but not limited to medical reasons or size of the
3 child.
4 Section 4. Effective Date.
5 This act shall take effect in 60 days.
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