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Am. H. B. No. 320 As Reported by the House Infrastructure, Homeland Security and Veterans Affairs CommitteeAs Reported by the House Infrastructure, Homeland Security and Veterans Affairs Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Brown, Evans, McGregor, J., Schindel, Stebelton, Uecker, Combs, Domenick, Newcomb, Ujvagi, Wachtmann
A BILL
To amend sections 4511.093, 4511.81, and 4513.263 of
the Revised Code to
require certain children who
are between four and
eight years of age to be
secured in a booster
seat and to require children
who are between eight and
eighteen years of age
to be restrained in a child restraint system or an
occupant
restraining device if not otherwise
required to be
in a child restraint system or
booster seat.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.093, 4511.81, and 4513.263 of
the Revised Code be
amended to read as follows:
Sec. 4511.093. (A)(1) No law enforcement officer who stops
the operator of a motor vehicle in the course of an authorized
sobriety or other motor vehicle checkpoint operation or a motor
vehicle safety inspection shall issue a ticket, citation, or
summons for a secondary traffic offense unless in the course of
the checkpoint operation or safety inspection the officer first
determines that an offense other than a secondary traffic offense
has occurred and either places the operator or a vehicle occupant
under arrest or issues a ticket, citation, or summons to the
operator or a vehicle occupant for an offense other than a
secondary offense.
(2) A law enforcement agency that operates a motor vehicle
checkpoint for an express purpose related to a secondary traffic
offense shall not issue a ticket, citation, or summons for any
secondary traffic offense at such a checkpoint, but may use such a
checkpoint operation to conduct a public awareness campaign and
distribute information.
(B) As used in this section, "secondary traffic offense"
means a violation of division (A) or (F)(2) of section 4507.05,
division (B)(1)(a) or (b) or (E) of section 4507.071, division
(C)(D)
of section 4511.81, or division (B) of section 4513.263 of
the
Revised Code.
Sec. 4511.81. (A) When any child who is in either or both
of
the following
categories is being transported in a motor
vehicle,
other than a taxicab or
public safety vehicle as defined
in
section 4511.01 of the Revised Code, that
is required by the
United States
department of
transportation to be equipped with
seat belts at
the time of
manufacture or assembly, the operator of
the motor
vehicle shall
have the child properly secured in
accordance with
the
manufacturer's instructions in a child
restraint system that
meets
federal motor vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(B) When any child who is in either or both of the following
categories is
being transported in a motor
vehicle, other than a
taxicab, that is owned, leased, or
otherwise under the control of
a nursery
school, kindergarten, or
day-care center, the operator
of the
motor vehicle shall have the
child properly secured in
accordance
with the manufacturer's
instructions in a child
restraint system
that meets federal motor
vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(C) When any child who is less than eight years of age and
less than four feet nine inches in height, who is not required by
division (A) or (B) of this section to be secured in a child
restraint system, is being transported in a motor vehicle, other
than a taxicab or public safety vehicle as defined in section
4511.01 of the Revised Code, that is required by the United States
department of transportation to
be equipped with seat belts at
the time of manufacture or
assembly, the operator of the motor
vehicle shall have the child
properly secured in accordance with
the manufacturer's
instructions on a booster seat that meets
federal motor vehicle
safety standards.
(D) When any child who is at least four eight years of age
but not
older than fifteen eighteen years of age, and who is not
otherwise
required
by division (A), (B), or (C) of this section
to be
secured in a
child restraint system or booster seat, is
being
transported in a
motor vehicle, other than a taxicab or
public
safety vehicle as
defined in section 4511.01 of the
Revised Code,
that is required
by the United States department
of
transportation to be equipped
with seat belts at the time of
manufacture or assembly, the
operator of the motor vehicle shall
have the child properly
restrained either in accordance with the
manufacturer's
instructions in a child restraint system that
meets federal motor
vehicle safety standards or in an occupant
restraining device as
defined in section 4513.263 of the Revised
Code.
(D)(E) Notwithstanding any provision of law to the contrary,
no law enforcement officer shall cause an operator of a motor
vehicle being operated on any street or highway to stop the motor
vehicle for the sole purpose of determining whether a violation of
division (C)(D) of this section has been or is being committed or
for the sole purpose of issuing a ticket, citation, or summons for
a violation of that nature division (D) of this section or causing
the arrest of or commencing
a prosecution of a person for a
violation of that nature division (D) of this section, and no
absent another violation of law, a
law enforcement officer shall
officer's view of the interior or visually
inspect any automobile
visual inspection of a motor vehicle being operated on any street
or highway may not be used for
the sole purpose of determining
whether a violation of that nature division (D) of this section
has been or is being committed.
(E)(F) The director of public safety shall adopt such rules
as
are necessary to carry out this section.
(F)(G) The failure of an operator of a motor vehicle to
secure
a child in a child restraint system, a booster seat, or in
an occupant restraining device as required by this section is
not
negligence imputable to
the child, is not admissible as
evidence
in any civil action
involving the rights of the child
against any
other person
allegedly liable for injuries to the
child, is not to
be used as
a basis for a criminal prosecution of
the operator of
the motor
vehicle other than a prosecution for a
violation of this
section,
and is not admissible as evidence in
any criminal action
involving the operator of the motor vehicle
other than a
prosecution for a violation of this section.
(G)(H) This section does not apply when an emergency exists
that threatens the life of any person operating a motor vehicle
and
to whom this section otherwise would apply or the life of any
child who otherwise would be required to be restrained under this
section.
This section does
not apply to a person operating a
motor vehicle who has an
affidavit signed by a physician licensed
to practice in this state
under Chapter 4731. of the Revised Code
or a chiropractor licensed
to practice in this state under
Chapter 4734. of the Revised Code
that states that the child who
otherwise would be required to be
restrained under this section
has a physical impairment that makes
use of a child restraint
system, booster seat, or an occupant
restraining device
impossible or impractical, provided that the
person operating the
vehicle has safely and appropriately
restrained the child in
accordance with any recommendations of the
physician or
chiropractor as noted on the affidavit.
(H)(I) There is hereby created in the state treasury the
"child
highway safety
fund," consisting of fines imposed
pursuant
to
division (J)(K)(1) of
this section
for violations
of
divisions
(A), (B), and (C), and (D) of this section. The
money in the fund
shall
be used by the department of health only
to defray the cost
of
designating hospitals as pediatric
trauma
centers
under
section
3727.081 of the Revised Code
and to
establish and
administer a
child highway safety program.
The
purpose of the
program
shall be
to educate the public about
child
restraint
systems generally and
booster seats and the
importance of their
proper
use. The
program
also shall include a process for
providing child
restraint
systems
and booster seats to persons who meet the
eligibility criteria
established
by the department, and a
toll-free telephone number
the public may
utilize to obtain
information about child restraint
systems and booster seats, and
their proper
use.
(I)(J) The director of health, in accordance with Chapter
119. of
the Revised Code,
shall adopt any rules necessary to carry
out
this section, including rules
establishing the criteria a
person
must meet in order to receive a child
restraint system or
booster seat under the
department's child restraint system highway
safety program;
provided that rules
relating to the verification
of pediatric trauma
centers shall not
be adopted under this
section.
(J)(K)(1) Whoever violates
division
(A), (B), or (C), or (D)
of this section shall be punished as follows:
(a) Except as otherwise provided in division
(J)(K)(1)(b) of
this
section, the offender is guilty of a minor misdemeanor and
shall be fined not less than twenty-five dollars.
(b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A), (B), or (C), or (D)
of this
section
or of
a municipal ordinance that is substantially
similar
to any of those
divisions, the offender is guilty of a
misdemeanor of the
fourth degree.
(2) All fines imposed pursuant to
division (J)(K)(1) of
this
section shall be forwarded to the
treasurer of state for
deposit
in the "child highway safety fund"
created
by division (H)(I)
of
this section.
Sec. 4513.263. (A) As used in this section and in section
4513.99 of the Revised Code:
(1) "Automobile" means any commercial tractor, passenger
car,
commercial car, or truck that is required to be
factory-equipped
with an occupant restraining device for the
operator or any
passenger by regulations adopted by the United
States secretary of
transportation pursuant to the "National
Traffic and Motor Vehicle
Safety Act of 1966," 80 Stat. 719, 15
U.S.C.A. 1392.
(2) "Occupant restraining device" means a seat safety
belt,
shoulder belt, harness, or other safety device for
restraining a
person who is an operator of or passenger in an
automobile and
that satisfies the minimum federal vehicle safety
standards
established by the United States department of
transportation.
(3) "Passenger" means any person in an automobile, other
than
its operator, who is occupying a seating position for which
an
occupant restraining device is provided.
(4) "Commercial tractor," "passenger car," and "commercial
car" have the same meanings as in section 4501.01 of the Revised
Code.
(5) "Vehicle" and "motor vehicle," as used in the
definitions
of the terms set forth in division (A)(4) of this
section, have
the same meanings as in section 4511.01 of the
Revised Code.
(6) "Tort action" means a civil action for damages for
injury, death, or loss to person or property. "Tort action"
includes a product liability claim, as defined in section 2307.71
of the Revised Code, and an asbestos claim, as defined in section
2307.91 of the Revised Code, but does not include a civil action
for damages for breach of contract or another agreement between
persons.
(B) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless
that person is wearing all of the available elements of a properly
adjusted occupant restraining device, or operate a school bus
that
has an occupant restraining device installed for use in its
operator's seat unless that person is wearing all of the available
elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless
each passenger in the automobile who is subject to the
requirement
set forth in division (B)(3) of this section is
wearing all of the
available elements of a properly adjusted
occupant restraining
device;
(3) Occupy, as a passenger, a seating position on the
front
seat of an automobile being operated on any street or
highway
unless that person is wearing all of the available elements
of a
properly adjusted occupant restraining device;
(4) Operate a taxicab on any street or highway unless all
factory-equipped occupant restraining devices in the taxicab are
maintained in usable form.
(C) Division (B)(3) of this section does not apply to a
person who is required by section 4511.81 of the Revised Code to
be secured in a child restraint device or booster seat. Division
(B)(1) of this
section does not apply to a person who is an
employee of the
United States postal service or of a newspaper
home delivery
service, during any period in which the person is
engaged in the
operation of an automobile to deliver mail or
newspapers to
addressees. Divisions (B)(1) and (3) of this section
do not
apply
to a person who has an affidavit signed by a
physician
licensed to
practice in this state under Chapter 4731.
of the
Revised Code or
a chiropractor licensed to practice in this
state
under Chapter
4734. of the Revised Code that states that the
person has a
physical impairment that makes use of an occupant
restraining
device impossible or impractical.
(D) Notwithstanding any provision of law to the contrary,
no
law enforcement officer shall cause an operator of an
automobile
being operated on any street or highway to stop the
automobile for
the sole purpose of determining whether a
violation of division
(B) of this section has been or is being
committed or for the sole
purpose of issuing a ticket, citation,
or summons for a violation
of that nature or
causing the arrest of or
commencing a
prosecution of a person for a violation of
that nature, and no
law
enforcement officer shall view the interior or visually
inspect
any automobile being operated on any street or highway
for the
sole purpose of determining whether a violation of that
nature has
been or is being committed.
(E) All fines collected for violations of division (B) of
this section, or for violations of any ordinance or resolution of
a political subdivision that is substantively comparable to that
division, shall be forwarded to the treasurer of state for deposit
as follows:
(1) Eight per cent shall be deposited into the seat belt
education fund, which is hereby created in the state treasury,
and
shall be used by the department of public safety to establish a
seat belt education program.
(2) Eight per cent shall be deposited into the elementary
school program fund, which is hereby created in the state
treasury,
and shall be used by the department of public safety to
establish
and administer elementary school programs that encourage
seat safety
belt use.
(3) Two per cent shall be
deposited into the occupational
licensing and regulatory fund
created by section
4743.05 of the
Revised
Code.
(4) Twenty-eight per cent shall be deposited into the
trauma
and emergency medical services fund, which is hereby created in
the
state treasury, and shall be used by the department of public
safety for the administration of the division of emergency
medical
services and the state board of emergency medical services.
(5) Fifty-four per cent shall be
deposited
into the trauma
and emergency
medical services grants fund, which is hereby
created in the state
treasury, and shall be used by the state
board of emergency
medical services to make grants, in accordance
with section
4765.07 of the Revised Code and rules the board
adopts
under
section 4765.11 of the Revised Code.
(F)(1) Subject to division (F)(2) of this section, the
failure of a person to wear all of the available elements of a
properly adjusted occupant restraining device in violation of
division (B)(1) or (3) of this section
or the failure of a person
to ensure that
each minor who is a
passenger of an automobile
being
operated by
that person is
wearing all of the available
elements of
a properly adjusted occupant restraining
device
in
violation of division (B)(2) of this
section shall
not
be
considered
or used by the trier of fact in a tort action as
evidence of negligence or contributory negligence. But, the trier
of fact may determine based on evidence admitted consistent with
the Ohio Rules of Evidence that the failure
contributed to the
harm alleged in the tort action and may
diminish a
recovery
of
compensatory damages that represents
noneconomic loss, as defined
in section 2307.011 of the Revised
Code, in
a tort action
that
could have been recovered but for the
plaintiff's failure to wear
all of the available elements of a
properly adjusted occupant
restraining device. Evidence of that
failure shall not be used as
a
basis for a
criminal prosecution of
the person other than a
prosecution for a
violation of this
section; and shall not be
admissible as evidence
in
a criminal
action involving
the person
other than a
prosecution for a
violation of this
section.
(2) If, at the time of an accident involving a passenger
car
equipped with occupant restraining devices, any occupant of
the
passenger car who sustained injury or death was not wearing
an
available occupant restraining device, was not wearing all of
the
available elements of such a device, or was not wearing such
a
device as properly adjusted, then, consistent with the Rules of
Evidence, the fact that the occupant was not wearing the
available
occupant restraining device, was not wearing all of the
available
elements of such a device, or was not wearing such a
device as
properly adjusted is admissible in evidence in relation
to any
claim for relief in a tort action to the extent that the
claim for
relief satisfies all of the following:
(a) It seeks to recover damages for injury or death to the
occupant.
(b) The defendant in question is the manufacturer,
designer,
distributor, or seller of the passenger car.
(c) The claim for relief against the defendant in question
is
that the injury or death sustained by the occupant was
enhanced
or
aggravated by some design defect in the passenger car
or that
the
passenger car was not crashworthy.
(G)(1) Whoever violates division (B)(1) of this section
shall
be fined thirty dollars.
(2) Whoever violates division (B)(3) of this section shall
be
fined twenty dollars.
(3) Except as otherwise provided in this division, whoever
violates division (B)(4) of this section is guilty of a minor
misdemeanor. If the offender previously has been convicted of or
pleaded guilty to a violation of division (B)(4) of this section,
whoever violates division (B)(4) of this section is guilty of a
misdemeanor of the third degree.
Section 2. That existing sections 4511.093, 4511.81, and
4513.263 of the Revised Code
are hereby repealed.
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