LRB-2710/1
PEN:skg:ks
1995 - 1996 LEGISLATURE
March 23, 1995 - Introduced by Representatives Bock, Brandemuehl, Robson,
Ourada, Bell, Dobyns, Riley, Notestein, La Fave
and Boyle, cosponsored by
Senators Burke, Rosenzweig and Darling. Referred to Committee on
Highways and Transportation.
AB252,1,4 1An Act to amend 347.48 (4) (b) and (d) and 347.50 (4); and to create 347.48 (4)
2(am) of the statutes; relating to: requiring the use of safety belts or child safety
3restraint systems for children riding within cargo areas of motor trucks and
4providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may transport a child under the age of 4 years old
in a motor vehicle unless that child is restrained in a child safety seat. No person may
transport a child in a motor vehicle between the ages of 4 and 8 years old unless that
child is restrained either in a child safety seat or by a safety belt. This requirement
does not apply if the motor vehicle is not required to be equipped with safety belts
or is a school bus, taxicab, motor bus, motorcycle or moped.
A person who does not comply with this requirement, if the child is under the
age of 4 years old, may be required to forfeit not less than $30 nor more than $75.
A person who does not comply with this requirement, if the child is between the ages
of 4 and 8 years old, may be required to forfeit not less than $10 nor more than $25
for a first violation or, for a 2nd or subsequent violation within 3 years, a forfeiture
of not less than $25 nor more than $200.
This bill provides that any person who transports a child under 16 years of age
within an open or enclosed cargo area of a motor truck is required to restrain the child
either in a child safety seat or by a safety belt. A person who violates this provision
may be required to forfeit not less than $10 nor more than $25 or, for a 2nd or
subsequent violation within 3 years, not less than $25 nor more than $200. The

requirement does not apply to persons transporting children during farming
operations or in sanctioned local parades.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB252, s. 1 1Section 1. 347.48 (4) (am) of the statutes is created to read:
AB252,2,92 347.48 (4) (am) 1. Notwithstanding par. (c), no person may transport in a motor
3truck a child under the age of 4 years who is riding within an open or enclosed cargo
4area of the motor truck unless the child is properly restrained in a child safety
5restraint system approved by the department under par. (a) 1. In this subdivision,
6"properly restrained" means fastened in a manner prescribed by the manufacturer
7of the system which permits the system to act as a body restraint but does not include
8a system in which the only body restraint is a safety belt of the type required under
9sub. (1).
AB252,2,1610 2. Notwithstanding par. (c), no person may transport in a motor truck a child
11who is at least 4 years old but less than 16 years old who is riding within an open or
12enclosed cargo area of the motor truck unless the child is properly restrained in a
13child safety restraint system approved by the department under par. (a) 1. or in a
14safety belt approved by the department under sub. (2). In this subdivision, "properly
15restrained" means fastened in a manner prescribed by the manufacturer of the
16system which permits the system to act as a body restraint.
AB252,2,2017 3. Notwithstanding subds. 1. and 2., a person may temporarily remove a child
18who is required to be properly restrained under subd. 1. or 2. from a safety restraint
19system to attend to the personal needs of the child if the person physically restrains
20the child while attending to the child's personal needs.
AB252,3,2
14. This paragraph does not apply to a person operating a farm truck during the
2planting or harvesting of crops and operating that truck other than upon a highway.
AB252,3,43 5. This paragraph does not apply to a person operating a motor truck in a
4parade sanctioned by the local municipality.
AB252, s. 2 5Section 2. 347.48 (4) (b) and (d) of the statutes are amended to read:
AB252,3,86 347.48 (4) (b) The department may, by rule, exempt from the requirements
7under par. (a) or (am) any child who because of a physical or medical condition or body
8size cannot be placed in a child safety restraint system or safety belt.
AB252,3,129 (d) Evidence of compliance or failure to comply with par. (a) or (am) is
10admissible in any civil action for personal injuries or property damage resulting from
11the use or operation of a motor vehicle but failure to comply with par. (a) or (am) does
12not by itself constitute negligence.
AB252, s. 3 13Section 3. 347.50 (4) of the statutes is amended to read:
AB252,3,1714 347.50 (4) Any person violating s. 347.48 (4) (a) 2. or (am) may be required to
15forfeit not less than $10 nor more than $25 for the first offense. For a 2nd or
16subsequent conviction within 3 years, a person may be required to forfeit not less
17than $25 nor more than $200.
AB252,3,1818 (End)
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