Chapter 679 Oregon Laws 2001
AN ACT
HB 3155
Relating to child safety
systems; amending ORS 811.210 and 815.055.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 811.210 is amended to read:
811.210. (1) A person commits the offense of failure to use
safety belts if the person:
(a) Operates a motor vehicle on the highways of this state
and is not properly secured with a safety belt or safety harness as required by
subsection (2) of this section;
(b) Operates a motor vehicle on the highways of this state
with a passenger who is under 16 years of age and the passenger is not properly
secured with a child safety system, safety belt, or safety harness as required
by subsection (2) of this section; or
(c) Is a passenger in a motor vehicle on the highways of
this state who is 16 years of age or older and who is not properly secured with
a safety belt or safety harness as required by subsection (2) of this section.
(2) To comply with this section:
(a) A person who is under four years of age and weighs 40
pounds or less must be properly secured with a child safety system that meets
the minimum standards and specifications established by the Department of
Transportation under ORS 815.055 for child safety systems designed for children
weighing 40 pounds or less; [or]
(b) A person who is
at least four years of age and under six years of age or weighs between 40 and
60 pounds must be properly secured with a child safety system that elevates the
person so that a safety belt or safety harness properly fits the person. “Proper
fit” means the lap belt of the safety belt or safety harness is positioned low
across the thighs and the shoulder belt is positioned over the collarbone and
away from the neck. The child safety system shall meet the minimum standards
and specifications established by the Department of Transportation under ORS
815.055 for child safety systems designed for children weighing between 40 and
60 pounds; or
[(b)] (c) A person who is at least [four] six years of age [or] and weighs [more than 40] 60 pounds or more must be properly secured with a
safety belt or safety harness that meets requirements under ORS 815.055.
(3) The offense described in this section, failure to use
safety belts, is a Class D traffic violation.
SECTION 2.
ORS 815.055 is amended to read:
815.055. (1) The Department of Transportation shall adopt
and enforce rules establishing minimum standards and specifications for the
construction and installation of safety belts, safety harnesses or child safety
systems and anchors or other devices to which safety belts, safety harnesses or
child safety systems may be attached and secured. The rules adopted under this
subsection are subject to the following:
(a) The rules that establish minimum standards and
specifications for child safety systems required and regulated under this
section and ORS 811.210 and 815.080 shall require child safety systems to
conform to specific strength and performance standards or dynamic test
standards that the department determines will protect a child of 40 pounds or
less in a crash. The rules shall also
require child safety systems that elevate a person so that a safety belt or
safety harness properly fits the person to conform to specific strength and
performance standards or dynamic test standards that the department determines
will protect a child weighing between 40 and 60 pounds. “Proper fit” means the
lap belt of the safety belt or safety harness is positioned low across the
thighs and the shoulder belt is positioned over the collarbone and away from
the neck. The department shall establish standards for this paragraph to
conform, as is practicable or applicable in this state, to the standards for
child safety systems established by the federal government. Child safety
systems are required to meet those standards in effect at the date of
manufacture.
(b) All rules adopted under this subsection shall conform,
as is practicable or applicable in this state, to the regulations and standards
promulgated by the Secretary of the United States Department of Transportation
relating to safety belt assemblies under the National Traffic and Motor Vehicle
Safety Act of 1966 (15 U.S.C., Sec. 1381, et seq.) that are applicable to motor
vehicles at the date of manufacture.
(2) The department shall establish a procedure for
accepting and processing applications for approval of safety belts, safety
harnesses, child safety systems and anchors or other devices to which safety
belts, safety harnesses or child safety systems may be attached and secured.
The procedure shall comply with the following:
(a) Any person may apply for approval under this section.
(b) The department may require a sample to be submitted for
test.
(c) The department may accept reports of tests conducted by
independent testing laboratories.
(d) Samples and laboratory reports submitted by applicants
become the property of the department.
(e) When an application for approval has been submitted,
the department shall approve or disapprove within a reasonable time and in
accordance with the minimum safety standards and specifications under this
section.
(f) If the department approves, it shall issue a letter of
approval to the applicant.
(g) An approval letter shall indicate approval of the
specific model tested and shall identify such by the trademark or the type of
identifying serial number which it will bear.
(3) The department may purchase in the market, and test or
submit to testing laboratories any safety belt, safety harness, child safety
system or anchor or other device which it has approved for sale or to be
offered for sale. The department shall cancel any approval under this section
if it determines that the belt, harness, child safety system or anchor or other
device does not satisfy the minimum standards under this section. Cancellation
of approval is effective as soon as the department notifies the person who
applied for approval or the person’s successor that the approval has been
canceled.
(4) Prohibitions and penalties relating to sale and use of
equipment subject to this section are provided under ORS 811.210 and 815.080.
Approved by the Governor
June 28, 2001
Filed in the office of
Secretary of State June 29, 2001
Effective date January 1,
2002
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