H. B. 2098
(By Mr. Speaker, Mr. Chambers, and Delegates Burk and Kessel.)
[Introduced February 10, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend article fifteen, chapter seventeen-c of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
forty-nine, relating to motor vehicles; requiring the use of
seat belts for motor vehicle operators and passengers; and
providing a fine for violations.
Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter seventeen-c of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section, designated section
forty-nine, to read as follows:
ARTICLE 15. EQUIPMENT.
§17C-15-49. Operation of vehicles with safety belts; exception;
penalty; civil actions; educational program by
department of public safety.
(a) Effective on the first day of July, one thousand ninehundred ninety-three, a person may not operate a motor vehicle on
a public street or highway of this state unless the person and
any passenger in the motor vehicle is restrained by a safety belt
meeting applicable federal motor vehicle safety standards. For
the purposes of this section, the term "motor vehicle" includes
all motor vehicles of passenger type and trucks with a gross
vehicle weight of not more than eight thousand pounds
manufactured after the first day of January, one thousand nine
hundred sixty-eight.
(b) The required use of safety belts does not apply to a
duly appointed or contracted mail carrier of the United States
postal service who is actually making mail deliveries or to a
passenger or operator with a physically disabling condition whose
physical disability would prevent appropriate restraint in such
safety belt if the condition is duly certified by a physician who
shall state the nature of the disability as well as the reason
such restraint is inappropriate. The department of motor
vehicles shall adopt rules, in accordance with the provisions of
chapter twenty-nine-a of this code, to establish a method to
certify the physical disability and to require use of an
alternative restraint system where feasible or to waive the
requirement for the use of any restraint system.
(c) Any person who violates the provisions of this section
shall be fined not more than twenty-five dollars. No court costs
or other fees shall be assessed for a violation of this section.
Enforcement of this section shall be accomplished only as asecondary action when a driver of a motor vehicle has been
detained for a reasonable cause of violating another section of
this code.
(d) A violation of this section is not admissible as
evidence of negligence or contributory negligence or comparative
negligence in any civil action or proceeding for damages, and
shall not be admissible in mitigation of damages.
Notwithstanding any other provision of this code to the contrary,
no points may be entered on any driver's record maintained by the
department of motor vehicles as a result of a violation of this
section.
(e) Commencing the first day of July, one thousand nine
hundred ninety-three the department of public safety in
cooperation with any other state departments or agencies
designated by the governor and with county and municipal law-
enforcement agencies shall initiate and conduct an educational
program designed to encourage compliance with safety belt usage
laws. This program shall be focused on the effectiveness of
safety belts, the monetary savings and the other benefits to the
public from usage of safety belts and the requirements and
penalties specified in this law.
NOTE: The purpose of this bill is to make seat belt use
mandatory for motor vehicle operators and passengers.
This section is new; therefore, strike-throughs and
underscoring have been omitted.