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Introduced Version House Bill 2098 History

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Key: Green = existing Code. Red = new code to be enacted
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.
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