PRINTER'S NO. 150

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 140 Session of 1997

        INTRODUCED BY GODSHALL, BATTISTO, HALUSKA, BUNT, E. Z. TAYLOR,
           FICHTER, SATHER, STABACK AND STERN, JANUARY 29, 1997

        REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 29, 1997

                                     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.  Sections 4581(e) and 4585 of Title 75 of the
     6  Pennsylvania Consolidated Statutes are amended to read:
     7  § 4581.  Restraint systems.
     8     * * *
     9     (e)  Civil actions.--In no event shall a violation or alleged
    10  violation of this subchapter be used as evidence in a trial of
    11  any civil action; nor shall any jury in a civil action be
    12  instructed that any conduct did constitute or could be
    13  interpreted by them to constitute a violation of this
    14  subchapter[; nor shall failure]. Failure to use a child
    15  passenger restraint system or safety seat belt system, as
    16  required by this subchapter, may be considered as contributory
    17  negligence [nor shall] and failure to use such a system may be
    18  admissible as evidence of contributory negligence in the trial

     1  of any civil action[; nor shall this subchapter], provided that
     2  such evidence may be admitted to prove the extent to which
     3  injuries sustained would have been avoided or reduced by
     4  compliance with this subchapter. Further, this subchapter shall
     5  not impose any legal obligation upon or impute any civil
     6  liability whatsoever to an owner, employer, manufacturer, dealer
     7  or person engaged in the business of renting or leasing vehicles
     8  to the public to equip a vehicle with a child passenger
     9  restraint system or to have such child passenger restraint
    10  system available whenever their vehicle may be used to transport
    11  a child.
    12     * * *
    13  § 4585.  Use of information or evidence of violation of
    14             subchapter.
    15     [The] Except as provided in section 4581(e) (relating to
    16  restraint systems), the requirements of this subchapter or
    17  evidence of a violation of this subchapter may not be used by an
    18  insurer for any purpose.
    19     Section 2.  This act shall take effect in 60 days.








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