Introduced Version Senate Bill 414 History

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Senate Bill No. 414

(By Senators Tomblin, Mr. President, and Sprouse,

By Request of the Executive)


[Introduced March 1, 2005; referred to the Committee

on Transportation and Infrastructure; and then to the Committee on the Judiciary.]


A BILL to amend and reenact §17C-15-46 of the Code of West Virginia, 1931, as amended, relating to child passenger safety and booster seats.
Be it enacted by the Legislature of West Virginia:
That §17C-15-46 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
§17C-15-46. Child passenger safety devices required; child safety seats and booster seats.

Every driver who transports a child under the age of nine years in a passenger automobile, van or pickup truck other than one operated for hire shall, while such motor vehicle is in motion and operated on a street or highway of this state, provide for the protection of such child by properly placing, maintaining and securing such child in a child passenger safety device system, child safety seat or booster seat, meeting applicable federal motor vehicle safety standards: Provided, That if a child is at least four six years of age or and at least forty sixty pounds in weight, an appropriate child passenger restraint or a safety belt shall be sufficient to meet the requirements of this section.
Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten dollars nor more than twenty dollars.
A violation of this section shall not be deemed by virtue of such violation to constitute evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.
If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section, and to this end the subsections of this section are declared to be severable. If all seat belts in a vehicle are being used at the time of examination by a law officer and the vehicle contains more passengers than the total number of seat belts or other safety devices as installed in compliance with federal motor vehicle safety standards, the driver shall not be considered as violating this section.

NOTE: The purpose of this bill is to require the use of an appropriate child passenger restraint device or booster seat until the child is at least six years of age and weighs at least sixty pounds.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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