SENATE BILL No. 314

 

 

March 16, 2005, Introduced by Senators HAMMERSTROM, BIRKHOLZ, CHERRY, JOHNSON, McMANUS, KUIPERS and BRATER and referred to the Committee on Transportation.

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 710d (MCL 257.710d), as amended by 1999 PA 29.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 710d. (1) Except as provided in this section, or as

 

otherwise provided by law, a rule promulgated  pursuant to  under

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328, or federal regulation, each driver transporting a child

 

less than 4 years of age in a motor vehicle shall properly secure

 

that child in a child restraint system that meets the standards

 

prescribed in 49  C.F.R.  CFR 571.213.

 

     (2)  This section does not apply to any child being nursed  A

 

driver transporting a child as required under subsection (1) shall


 

position the child in the child restraint system in a seat located

 

behind the driver, if the vehicle is equipped with such a seat.

 

     (3) This section does not apply if the motor vehicle being

 

driven is a bus, school bus, taxicab, moped, motorcycle, or other

 

motor vehicle not required to be equipped with safety belts under

 

federal law or regulations.

 

     (4) A person who violates this section is responsible for a

 

civil infraction.

 

     (5) Points shall not be assessed under section 320a for a

 

violation of this section. An abstract required under section 732

 

shall not be submitted to the secretary of state regarding a

 

violation of this section.

 

     (6) The secretary of state may exempt by rules promulgated

 

pursuant to  under the administrative procedures act of 1969, 1969

 

PA 306, MCL 24.201 to 24.328, a class of children from the

 

requirements of this section, if the secretary of state determines

 

that the use of the child restraint system required under

 

subsection (1) is impractical because of physical unfitness, a

 

medical problem, or body size. The secretary of state may specify

 

alternate means of protection for children exempted under this

 

subsection.