Amendment H-8155 to HF 2543

Filed March 11, 2020 in the House by

What it changes

1. Page 1, before line 1 by inserting: “Section
2. Section 321.445, subsection 2, paragraph a, Code 2020, is amended to read as follows: a. The driver and front seat occupants passengers of a type of motor vehicle that is subject to registration in Iowa, except a motorcycle or a motorized bicycle, shall each wear a properly adjusted and fastened safety belt or safety harness any time the vehicle is in forward motion on a street or highway in this state , except that a child under eighteen years of age shall be secured as required under section 321.446 . Sec. ___. Section 321.445, subsection 2, paragraph b, subparagraphs (1), (2), and (6), Code 2020, are amended to read as follows: (1) The driver or front seat occupants and passengers of a motor vehicle which is not required to be equipped with safety belts or safety harnesses. (2) The driver and front seat occupants passengers of a motor vehicle who are actively engaged in work which requires them to alight from and reenter the vehicle at frequent intervals, providing the vehicle does not exceed twenty-five miles per hour between stops. (6) Front seat occupants Passengers of an authorized emergency vehicle while they are being transported in an emergency. However, this exemption does not apply to the driver of the authorized emergency vehicle. Sec. ___. Section 321.445, subsections 3 and 5, Code 2020, are amended to read as follows:
3. The driver and front seat passengers may be each charged separately for improperly used or nonused equipment under subsection 2 . However, the driver shall not be charged for a violation committed by a passenger who is fourteen years of age or older unless the passenger is unable to properly fasten a seat safety belt or safety harness due to a temporary or permanent disability. The owner of the motor vehicle may be charged for equipment violations under subsection 1 .
4. The department shall adopt rules pursuant to chapter 17A providing exceptions from application of subsections 1 and 2 for front seats and front seat passengers of motor vehicles owned, leased, rented, or primarily used by persons with disabilities who use collapsible wheelchairs. Sec. ___. Section 321.446, subsection 3, paragraph d, Code 2020, is amended by striking the paragraph. Sec. ___. Section 321.446, subsection 4, paragraphs b and c, Code 2020, are amended to read as follows: b. If a passenger fourteen years of age or older is unable to properly fasten a seatbelt safety belt or safety harness due to a temporary or permanent disability, an operator who transports such a person in violation of subsection 2 may be charged with a violation of this section . Otherwise, a passenger fourteen years of age or older who violates subsection 2 shall be charged in lieu of the operator. c. If a child under fourteen years of age, or a child fourteen years of age or older who is unable to fasten a seatbelt safety belt or safety harness due to a temporary or permanent disability, is being transported in a taxicab or in a personal vehicle operated by a transportation network company driver, as defined in section 321N.1 , in a manner that is not in compliance with subsection 1 or 2 , the parent, legal guardian, or other responsible adult traveling with the child shall be served with a citation for a violation of this section in lieu of the taxicab operator or transportation network company driver. Otherwise, if a passenger being transported in the taxicab or in a personal vehicle operated by a transportation network company driver is fourteen years of age or older, the citation shall be served on the passenger in lieu of the taxicab operator or transportation network company driver.”
5. Page 1, by striking lines 16 through 19 and inserting: “Sec. ___. APPLICABILITY. The following applies to first-party automobile partial losses, and first-party automobile total losses, for automobiles that are subject to a partial loss or to a total loss occurring on or after July 1, 2020: The section of this Act enacting section 507B.4D.”
6. Title page, by striking lines 1 through 5 and inserting “An Act relating to safety belts, safety harnesses, and child restraint systems in motor vehicles, including applicability provisions and making penalties applicable.”
7. By renumbering as necessary.

Official amendment (PDF) · In the Bill Book