SENATE BILL No. 1135

 

 

November 6, 2014, Introduced by Senators PROOS, HANSEN, EMMONS, ANANICH and PAPPAGEORGE and referred to the Committee on Families, Seniors and Human Services.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 710d (MCL 257.710d), as amended by 2009 PA 57.

 

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 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 CFR 571.213.

 

     (2) A driver transporting a child as required under subsection

 

(1) shall position the child in the child restraint system in a

 

rear seat, if the vehicle is equipped with a rear seat. If all

 

available rear seats are occupied by children less than 4 years of


 

age, then a child less than 4 years of age may be positioned in the

 

child restraint system in the front seat. A child in a rear-facing

 

child restraint system may be placed in the front seat only if the

 

front passenger air bag is deactivated.as follows:

 

     (a) If the child weighs not more than 30 pounds, in a rear-

 

facing child seat.

 

     (b) If the child weighs not less than 30 pounds but less than

 

50 pounds, in a forward-facing child seat.

 

     (c) If the child is not more than 57 inches tall, in a booster

 

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

 

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.