71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3155
Sponsored by Representative DEVLIN; Representatives BROWN,
GARDNER, JOHNSON, KAFOURY, MONNES ANDERSON, ROSENBAUM, STARR
CHAPTER ................
AN ACT
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
Enrolled House Bill 3155 (HB 3155-INTRO) Page 1
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.
Enrolled House Bill 3155 (HB 3155-INTRO) Page 2
(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.
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Passed by House April 19, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 14, 2001
...........................................................
President of Senate
Enrolled House Bill 3155 (HB 3155-INTRO) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3155 (HB 3155-INTRO) Page 4