UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE LAWS RELATING TO MANDATORY SEATBELT USE; PROVIDING THAT A SEATBELT VIOLATION IS A PRIMARY OFFENSE; REVISING PENALTIES; REMOVING THE PROHIBITION AGAINST CHARGING A SEATBELT VIOLATION AGAINST A DRIVER'S RECORD; REMOVING THE PROHIBITION AGAINST AN INSURANCE COMPANY HOLDING A SEATBELT VIOLATION AGAINST THE INSURED OR INCREASING THE INSURED'S PREMIUMS AS A RESULT OF A VIOLATION; PROVIDING FOR ADMISSIBILITY OF EVIDENCE IN CIVIL SUITS WITHOUT PRESUMPTION OF NEGLIGENCE; AND AMENDING SECTIONS 61-13-103, 61-13-104, AND 61-13-106, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-13-103, MCA, is amended to read:
"61-13-103. Seatbelt use required -- exceptions. (1) A driver may not operate a motor vehicle upon a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.
(2) The provisions of this section do not apply to:
(a) an occupant of a motor vehicle who possesses a written statement from a licensed physician that the occupant is unable to wear a seatbelt for medical reasons;
(b) an occupant of a motor vehicle in which all seatbelts are being used by other occupants;
(c) an operator of a motorcycle, as defined in 61-1-105, or a motor-driven cycle, as defined in 61-1-106;
(d) an occupant of a vehicle licensed as special mobile equipment, as defined in 61-1-104; or
(e) an occupant who makes frequent stops with a motor vehicle during official job duties and who may be exempted by the department.
(3) The department may adopt rules to implement subsection (2)(e).
(4) The department or its agent may not require a driver who may be in violation of this section to stop except upon reasonable cause to believe that the driver has violated another traffic regulation or that the driver's vehicle is unsafe or not equipped as required by law."
Section 2. Section 61-13-104, MCA, is amended to read:
"61-13-104. Penalty -- no record permitted. (1) A driver who violates 61-13-103 shall be fined $20, but the violation is not a misdemeanor pursuant to 45-2-101, 46-18-236, 61-8-104, or 61-8-711. A violation of 61-13-103 may not be counted as a moving violation for purposes of suspending a driver's license under 61-11-203(2)(m). Bond for this offense is $20, and a jail sentence may not be imposed.
(2) A violation of 61-13-103 may not be recorded or charged against the driver's record of a person violating 61-13-103.
(3) An insurance company may not hold a violation of 61-13-103 against the insured or increase the insured's premiums due to a violation of 61-13-103 $30 for a first conviction, $60 for a second conviction, and $120 for a third or subsequent conviction."
Section 3. Section 61-13-106, MCA, is amended to read:
"61-13-106. Evidence not admissible without presumption of negligence. Evidence of compliance or failure to comply with 61-13-103 is not admissible in any civil action for personal injury or property damage resulting from the use or operation of a motor vehicle, and but failure to comply with 61-13-103 does not alone constitute negligence."
- END -
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