75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3196
A-Engrossed
Senate Bill 579
Ordered by the Senate April 15
Including Senate Amendments dated April 15
Sponsored by Senator METSGER; Senator DEVLIN
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Requires operator of motor vehicle { - and certain passengers
in motor vehicle to use - } { + to secure passenger under 16
years of age with + } child safety system, safety belt or safety
harness when motor vehicle is operated on premises open to
public.
{ + Requires parents and other persons responsible for safety
and welfare of child who is under 16 years of age to secure child
with safety system, safety belt or safety harness when child
operates or is passenger in or on certain all-terrain vehicles
and vehicle is operated on premises open to public. + }
A BILL FOR AN ACT
Relating to motor vehicle safety; creating new provisions; and
amending ORS 811.210.
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
properly 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) Is the parent, legal guardian or person with legal
responsibility for the safety and welfare of a child who is under
16 years of age and the child:
(A)(i) Is operating a Class I or Class II all-terrain vehicle
equipped with both a lap and shoulder belt on premises open to
the public; and
(ii) Is not properly secured with a child safety system, safety
belt or safety harness as required by subsection (2) of this
section; or
(B)(i) Is operating a Class I or Class II all-terrain vehicle
that is not equipped with both a lap and shoulder belt on
premises open to the public; and
(ii) Is not properly secured with a safety belt or safety
harness that meets requirements under ORS 815.055; + }
{ - (b) - } { + (c) Except as provided in paragraph (d) of
this subsection, + } operates a motor vehicle on the highways of
this state { + or on premises open to the public + } 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;
{ + (d) Is the parent, legal guardian or person with legal
responsibility for the safety and welfare of a passenger who is
under 16 years of age and the passenger:
(A)(i) Is riding in or on a Class I or Class II all-terrain
vehicle equipped with both a lap and shoulder belt on premises
open to the public; and
(ii) Is not properly secured with a child safety system, safety
belt or safety harness as required by subsection (2) of this
section; or
(B)(i) Is riding in or on a Class I or Class II all-terrain
vehicle that is not equipped with both a lap and shoulder belt on
premises open to the public; and
(ii) Is not properly secured with a safety belt or safety
harness that meets requirements under ORS 815.055; + }
{ - (c) - } { + (e) + } Is a passenger in a privately owned
commercial vehicle, as defined in ORS 801.210, that is designed
and used for the transportation of 15 or fewer persons, including
the driver, and the person is 16 years of age or older and is
responsible for another passenger who is not properly secured
with a child safety system as required under subsection (2)(a),
(b) or (c) of this section; or
{ - (d) - } { + (f) + } Is a passenger in a motor vehicle
{ + being operated + } 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 one year of age, regardless of
weight, or a person who weighs 20 pounds or less must be properly
secured with a child safety system in a rear-facing position.
(b) A person who 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.
(c) Except as provided in subsection (3) of this section, a
person who weighs more than 40 pounds and who is four feet nine
inches or shorter 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. As used in this paragraph, '
properly fits' 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
who are four feet nine inches or shorter.
(d) A person who is taller than four feet nine inches must be
properly secured with a safety belt or safety harness that meets
requirements under ORS 815.055.
(e) Notwithstanding paragraphs (b) and (c) of this subsection,
a person who is eight years of age or older need not be secured
with a child safety system but must be properly secured with a
safety belt or safety harness that meets requirements under ORS
815.055.
(3) If the rear seat of a vehicle is not equipped with shoulder
belts, the requirements of subsection (2)(c) of this section do
not apply provided the person is secured by a lap belt.
(4) The offense described in this section, failure to properly
use safety belts, is a Class D traffic violation.
SECTION 2. { + The amendments to ORS 811.210 by section 1 of
this 2009 Act apply to offenses committed on or after the
effective date of this 2009 Act. + }
----------