GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	3 

SENATE BILL 65*
Health Care Committee Substitute Adopted 3/31/99
Third Edition Engrossed 4/20/99

Short Title:  Motor Vehicle Occupant Restraints.	(Public)

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Sponsors:

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Referred to:

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February 10, 1999

A BILL TO BE ENTITLED
AN ACT TO ENHANCE MOTOR VEHICLE OCCUPANT RESTRAINT SAFETY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 20-135.2A(a) reads as rewritten:
"(a)	Each front seat occupant who is 16 years of age or older and each driver of a passenger motor vehicle manufactured with seat belts shall have a seat belt properly fastened about his or her body at all times when the vehicle is in forward motion on a street or highway in this State.  Each rear seat occupant who is at least 5 years of age but who has not yet reached 16 years of age shall have a seat belt properly fastened about his or her body in compliance with this section if there is a seat belt available for that occupant.  "
Section 2.  G.S. 20-135.2A(e) reads as rewritten:
"(e)	Any driver or passenger who fails to wear a seat belt as required by this section shall have committed an infraction and shall pay a penalty of twenty-five dollars ($25.00).  A person found responsible for a violation of this section may not be assessed court costs."
Section 3.  G.S. 20-135.2A(h) is repealed.
Section 4.  G.S. 20-135.2B(c) reads as rewritten:
"(c)	Any person violating this section shall have committed an infraction and shall pay a penalty of twenty-five dollars ($25.00). A person found responsible for a violation of this section may not be assessed court costs."
Section 5.  Section 3 of Chapter 672 of the 1993 Session Laws is repealed.
Section 6.  G.S. 20-137.1(a) reads as rewritten:
"(a)	Every driver who is transporting one or more passengers of less than 16 years of age shall have all such passengers properly secured in a child passenger restraint system or seat belt which meets federal standards applicable at the time of its manufacture.  In vehicles equipped with active passenger-side front air bags, children shall be properly secured in a rear seat unless the child restraint system is designed for use with air bags or the child is in a properly fitted shoulder and seat belt, as follows:
(1)	A child less than five years of age shall be properly secured in a child passenger restraint system (age appropriate child safety seat or age appropriate booster seat).
(2)	A child less than five years of age who is too large to fit properly in a child restraint system shall be properly secured by a seat belt."
Section 7.  G.S. 20-137.1(c) reads as rewritten:
"(c)	Any driver found responsible for a violation of this section may be punished by a penalty not to exceed twenty-five dollars ($25.00), even when more than one child less than 16 years of age was not properly secured in a restraint system.  No driver charged under this section for failure to have a child under five years of age properly secured in a restraint system shall be convicted if he produces at the time of his trial proof satisfactory to the court that he has subsequently acquired an approved child passenger restraint system."
Section 8.  This act becomes effective October 1, 1999.