2007 - 2008 LEGISLATURE
October 30, 2007 - Introduced by Representatives Pridemore, Roth, Vukmir,
LeMahieu, Hahn and
Newcomer, cosponsored by Senators Lazich, Grothman
and A. Lasee. Referred to Committee on Transportation.
AB558,1,6
1An Act to repeal 347.48 (4) (ag), 347.48 (4) (as) (intro.), 1., 2., and 3. and 347.50
2(3) (b) 3.;
to renumber and amend 347.48 (4) (am) and 347.48 (4) (as) 4.;
to
3amend 343.32 (2) (bt), 347.48 (2m) (c), 347.48 (2m) (d), 347.48 (4) (b), 347.48
4(4) (d), 347.50 (1), 347.50 (3) (a), 347.50 (3) (b) 1. and 2. and 347.50 (4); and
to
5create 347.48 (4) (a) 3. of the statutes;
relating to: child safety restraint
6systems and safety belt use requirements in motor vehicles.
Analysis by the Legislative Reference Bureau
Prior to the enactment of
2005 Wisconsin Act 106 (Act 106), with certain
exceptions, no child under the age of four years could be transported in a motor
vehicle unless that child was properly restrained in a child safety restraint system
(child safety seat), and no child between the ages of four and eight years could be
transported in a motor vehicle unless that child was properly restrained in a child
safety seat or by a safety belt (seat belt).
Act 106, which is now current law, created a tiered structure, according to age
and size, of restraint requirements for transporting children under the age of eight
in a motor vehicle. A child who is:
1. Less than one year old or who weighs less than 20 pounds must be properly
restrained in a rear-facing child safety seat in the back seat of the vehicle if the
vehicle is equipped with a back seat.
2. At least one year old and weighs at least 20 pounds but is less than four years
old or weighs less than 40 pounds must be properly restrained in a forward-facing
child safety seat in the back seat of the vehicle if the vehicle is equipped with a back
seat.
3. At least four years old but less than eight years old, weighs between 40 and
80 pounds, and is no more than four feet nine inches tall must be properly restrained
in a child booster seat.
4. Under the age of eight and exceeds the weight or height limits specified in
item 3 must be properly restrained by a seat belt (as was current law before Act 106).
Under Act 106 and current law, with certain exceptions, a person may not
transport a child under the age of eight in a motor vehicle unless the child is properly
restrained as described above and the restraint system meets the standards
established by the Department of Transportation (DOT) and is appropriate to the
child's age and size.
Act 106 also made certain changes relating to the use of seat belts, including
extending a vehicle operator's responsibility for passenger seat belt use to
passengers who are 16 years old and to passengers in the back seat of the vehicle.
This bill repeals the provisions of Act 106 and restores to current law the
applicable provisions as they existed prior to the enactment of Act 106.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB558, s. 1
1Section
1. 343.32 (2) (bt) of the statutes is amended to read:
AB558,2,32
343.32
(2) (bt) The scale adopted by the secretary may not assess any demerit
3points for a violation of s. 346.922 or 347.48 (2m) (b), (c) or (d) or (4)
(am) (a).
AB558, s. 2
4Section
2. 347.48 (2m) (c) of the statutes is amended to read:
AB558,2,115
347.48
(2m) (c) If a motor vehicle is required to be equipped with safety belts
6in this state, no person may operate that motor vehicle unless
he or she reasonably
7believes that each passenger who is at least
8
4 years old
and not more than 15 years
8old and who is seated at a designated seating position in the front seat required under
949 CFR 571 to have a safety belt installed or at a designated seating position in the
10seats, other than the front seats, for which a
safety belt is required to be shoulder
11harness has been installed is properly restrained.
AB558, s. 3
12Section
3. 347.48 (2m) (d) of the statutes is amended to read:
AB558,3,6
1347.48
(2m) (d) If a motor vehicle is required to be equipped with safety belts
2in this state, no person who is at least
8 4 years old and who is seated at a designated
3seating position in the front seat required under
49 CFR 571 to have a safety belt
4installed or at a designated seating position in the seats, other than the front seats,
5for which a
safety belt is required to be shoulder harness has been installed may be
6a passenger in that motor vehicle unless the person is properly restrained.
AB558, s. 4
7Section
4. 347.48 (4) (a) 3. of the statutes is created to read:
AB558,3,118
347.48
(4) (a) 3. Notwithstanding subds. 1. and 2., a person other than the
9operator of a motor vehicle transporting a child required to be properly restrained
10under subd. 1. or 2. may temporarily remove a child from a safety restraint system
11to attend to the personal needs of the child under all of the following conditions:
AB558,3,1212
a. When the child safety restraint system is attached to a back passenger seat.
AB558,3,1413
b. When the person attending to the child's personal needs is seated in a back
14passenger seat.
AB558,3,1615
c. When the person physically restrains the child while attending to the child's
16personal needs.
AB558, s. 5
17Section
5. 347.48 (4) (ag) of the statutes is repealed.
AB558, s. 6
18Section
6. 347.48 (4) (am) of the statutes is renumbered 347.48 (4) (a) 1. and
19amended to read:
AB558,4,520
347.48
(4) (a) 1. No person may transport a child under the age of
8 4 in a motor
21vehicle unless the child is
properly restrained
in compliance with par. (as) in a
child 22safety restraint system
that is appropriate to the child's age and size and that meets
23the standards established approved by the department
under this paragraph. In this
24subdivision, "properly restrained" means fastened in a manner prescribed by the
25manufacturer of the system which permits the system to act as a body restraint but
1does not include a system in which the only body restraint is a safety belt of the type
2required under sub. (1). The department shall, by rule, establish standards in
3compliance with applicable federal standards
, including standards under 49 CFR
4571.213, for
approved types of child safety restraint systems
for those child restraint
5systems purchased after November 1, 1982.
AB558, s. 7
6Section
7. 347.48 (4) (as) (intro.), 1., 2., and 3. of the statutes are repealed.
AB558, s. 8
7Section
8. 347.48 (4) (as) 4. of the statutes is renumbered 347.48 (4) (a) 2. and
8amended to read:
AB558,4,159
347.48
(4) (a) 2.
Subject to subds. 1. to 3., if the No person may transport a child
10who is
at least 4 years old but less than 8 years old
, in a motor vehicle unless the child
11shall be is properly restrained in a
child safety restraint system approved by the
12department under subd. 1. or in a safety belt approved by the department under sub.
13(2).
In this subdivision, "properly restrained" means fastened in a manner
14prescribed by the manufacturer of the system which permits the system to act as a
15body restraint.
AB558, s. 9
16Section
9. 347.48 (4) (b) of the statutes is amended to read:
AB558,4,2017
347.48
(4) (b) The department may, by rule, exempt from the requirements
18under
pars. (am) and (as) par. (a) any child who because of a physical or medical
19condition or body size cannot be placed in a child safety restraint system
, child
20booster seat, or safety belt.
AB558, s. 10
21Section
10. 347.48 (4) (d) of the statutes is amended to read:
AB558,4,2522
347.48
(4) (d) Evidence of compliance or failure to comply with
pars. (am) and
23(as) par. (a) is admissible in any civil action for personal injuries or property damage
24resulting from the use or operation of a motor vehicle but failure to comply with
pars.
25(am) and (as) par. (a) does not by itself constitute negligence.
AB558, s. 11
1Section
11. 347.50 (1) of the statutes is amended to read:
AB558,5,52
347.50
(1) Any person violating ss. 347.35 to 347.49, except s. 347.385 (5), s.
3347.413 (1) or s. 347.415 (1m), (2) and (3) to (5) or s. 347.417 (1) or s. 347.475 or s.
4347.48 (2m) or (4)
(a) or s. 347.489, may be required to forfeit not less than $10 nor
5more than $200.
AB558, s. 12
6Section
12. 347.50 (3) (a) of the statutes is amended to read:
AB558,5,87
347.50
(3) (a) Any person violating s. 347.48 (4)
(am) (a) 1. may be required to
8forfeit not less than $30 nor more than $75
if the child is less than 4 years old.
AB558, s. 13
9Section
13. 347.50 (3) (b) 1. and 2. of the statutes are amended to read:
AB558,5,1210
347.50
(3) (b) 1. The motor vehicle was not equipped with a child safety
11restraint system meeting the requirements under s. 347.48 (4)
(am) (a) 1. at the time
12the uniform traffic citation was issued.
AB558,5,1613
2. The person provides proof that, within 30 days after the uniform traffic
14citation was issued, a child safety restraint system meeting the requirements under
15s. 347.48 (4)
(am) (a) 1. was purchased or leased and properly installed in the motor
16vehicle.
AB558, s. 14
17Section
14. 347.50 (3) (b) 3. of the statutes is repealed.
AB558, s. 15
18Section
15. 347.50 (4) of the statutes is amended to read:
AB558,5,2319
347.50
(4) Any person violating s. 347.48 (4)
(am) (a) 2. may be required to
20forfeit not less than $10 nor more than $25 for the first offense
if the child is at least
214 years old and less than 8 years old. For a 2nd or subsequent conviction within 3
22years
involving a child who is at least 4 years old and less than 8 years old, a person
23may be required to forfeit not less than $25 nor more than $200.
AB558,6,3
1(1) This act first applies to violations committed on the effective date of this
2subsection, but does not preclude the counting of other violations as prior violations
3for purposes of sentencing a person.
AB558,6,65
(1) This act takes effect on the first day of the 4th month beginning after
6publication.