GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 344*

Short Title:  Motor Vehicle Occupant Restraints.	(Public)
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Sponsors: Representatives Clary, Alexander; Adams, Cole, Dockham, Easterling, Hill, Hurley, Rayfield, Saunders, Watson, and Yongue.
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Referred to:  Transportation, if favorable, Judiciary I.
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February 26, 1997

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 occupant who is 16 years of age or older and each driver of a passenger motor vehicle manufactured with seat safety belts shall have such a safety belt properly fastened about his body at all times when the vehicle is in forward motion on a street or highway in this State. "
Section 2.  G.S. 20-135.2A(e) reads as rewritten:
"(e)	Any person violating this section shall have committed an infraction and shall pay a fine of fifty dollars ($50.00).  A person found responsible for a violation of this section may not be assessed court costs."
Section 3.  G.S. 20-135.2A(f) reads as rewritten:
"(f)	No insurance surcharge shall be assessed on account of violation of this section.  Drivers license points shall be assigned for a violation of this section."
Section 4.  G.S. 20-135.2A(h) is repealed.
Section 5.  G.S. 20-135.2B (b)(6) is repealed.
Section 6.  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 7.  G.S. 20-135.2B(d) reads as rewritten:
"(d)	No insurance surcharge shall be assessed on account of violation of this section.  Drivers license points shall be assigned for a violation of this section."
Section 8. G.S. 20-135.3 reads as rewritten:
"§ 20-135.3.  Seat belt anchorages for rear seats of motor vehicles.
Every new motor vehicle registered in this State and manufactured, assembled or sold after July 1, 1966, shall be equipped  with sufficient anchorage units at the attachment points for attaching at least two sets of seat safety belts for the rear seat of the motor  vehicle. Such anchorage units at the attachment points shall be of such construction, design and strength to support a loop load strength of not less than 5,000 pounds for each belt.
The provisions of this section shall apply to passenger vehicles of nine-passenger capacity or less, except motorcycles. A conviction of violating this section shall be considered a moving violation."
Section 9.  Section 3 of Chapter 672 of the 1993 Session Laws is repealed.
Section 10.  G.S. 20-137.1(a) reads as rewritten:
"(a)	Every driver who is transporting a child of less than 16 years of age shall have the child properly secured in a child passenger restraint system (car safety seat) which meets federal standards applicable at the time of its manufacture. The requirements of this section may be met:
(1)	When a child is less than five years of age and less than 60 pounds in weight by securing the child in an approved safety seat; and
(2)	When a child is five years of age or older or 60 or more pounds by securing the child in a seat safety belt."
Section 11.  G.S. 20-137.1(d) reads as rewritten:
"(d)	No insurance points shall be assessed for a violation of this section; nor shall a violation constitute negligence per se or contributory negligence per se nor shall it be evidence of negligence or contributory negligence.  Drivers license points shall be assigned for a violation of this section."
Section 12.  This act becomes effective December 1, 1997.