PRINTER'S NO. 372
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
388
Session of
2019
INTRODUCED BY D. MILLER, MURT, SCHLOSSBERG, McNEILL, YOUNGBLOOD,
NEILSON, OTTEN, HILL-EVANS, KORTZ AND McCLINTON,
FEBRUARY 6, 2019
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 6, 2019
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in other required equipment, further providing for
restraint systems.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4581(a) of Title 75 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 4581. Restraint systems.
(a) Occupant protection.--
(1) (i) Except as provided under subparagraph (ii), any
person who is operating a passenger car, [Class I truck,
Class II truck,] truck, truck tractor, classic motor
vehicle, antique motor vehicle or motor home and who
transports a child 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 provided in subsection (d).
(ii) Any person who is operating a passenger car,
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[Class I truck, Class II truck,] truck, truck tractor,
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 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,] truck, truck tractor,
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 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 seating position was
originally equipped with seat safety belts.
(2) (i) The driver of a passenger car, [Class I truck,
Class II truck] truck, truck tractor or motor home
operated in this Commonwealth shall:
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(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.
(ii) Except for children under 18 years of age and
except as provided in paragraphs (1) and (1.1) and
subparagraph (i), each driver and front seat occupant of
a passenger car, [Class I truck, Class II truck,] truck,
truck tractor, classic motor vehicle, antique motor
vehicle or motor home operated in this Commonwealth shall
wear a properly adjusted and fastened safety seat belt
system.
(iii) This paragraph shall not apply to:
(A) A driver or front seat occupant of any
vehicle manufactured before July 1, 1966.
(B) A driver or front seat occupant who
possesses a written verification from a physician
that he is unable to wear a safety seat belt system
for physical or medical reasons, or from a
psychiatrist or other specialist qualified to make an
informed judgment that he is unable to wear a safety
seat belt system for psychological reasons.
(C) A rural letter carrier while operating any
motor vehicle during the performance of his duties as
a United States postal service rural letter carrier
only between the first and last delivery points.
(D) A driver who makes frequent stops and is
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traveling less than 15 miles per hour for the purpose
of delivering goods or services while in the
performance of his duties and only between the first
and last delivery points.
(iv) A violation of this paragraph shall not be
subject to the assessment of any points under section
1535 (relating to schedule of convictions and points).
(3) Notwithstanding the provisions of section 1503(c)
(2.1) (relating to persons ineligible for licensing; license
issuance to minors; junior driver's license), a driver who is
under 18 years of age may not operate a motor vehicle in
which the number of passengers exceeds the number of
available safety seat belts in the vehicle.
* * *
Section 2. This act shall take effect in 60 days.
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