AB724,8,1312 c. With respect to par. (as) 4., fastened in a manner prescribed by the
13manufacturer of the system which permits the system to act as a body restraint.
AB724, s. 12 14Section 12. 347.48 (4) (as) of the statutes is created to read:
AB724,8,1615 347.48 (4) (as) A child under the age of 8 years who is being transported in a
16motor vehicle shall be restrained as follows:
AB724,8,2017 1. If the child is less than one year old or weighs less than 20 pounds, the child
18shall be properly restrained in a rear-facing child safety restraint system, positioned
19at a designated seating position in a back passenger seat of the vehicle if the vehicle
20is equipped with a back passenger seat.
AB724,8,2521 2. Subject to subd. 1., if the child is at least one year old and weighs at least 20
22pounds but is less than 4 years old or weighs less than 40 pounds, the child shall be
23properly restrained in a forward-facing child safety restraint system, positioned at
24a designated seating position in a back passenger seat of the vehicle if the vehicle is
25equipped with a back passenger seat.
AB724,9,4
13. Subject to subds. 1. and 2., if the child is at least 4 years old but less than 8
2years old, weighs at least 40 pounds but not more than 80 pounds, and is not more
3than 57 inches in height, the child shall be properly restrained in a child booster seat,
4positioned in compliance with s. 347.482.
AB724, s. 13 5Section 13. 347.48 (4) (b) of the statutes is amended to read:
AB724,9,96 347.48 (4) (b) The department may, by rule, exempt from the requirements
7under par. (a) pars. (am) and (as) any child who because of a physical or medical
8condition or body size cannot be placed in a child safety restraint system, child
9booster seat,
or safety belt.
AB724, s. 14 10Section 14. 347.48 (4) (d) of the statutes is amended to read:
AB724,9,1411 347.48 (4) (d) Evidence of compliance or failure to comply with par. (a) pars.
12(am) and (as)
is admissible in any civil action for personal injuries or property
13damage resulting from the use or operation of a motor vehicle but failure to comply
14with par. (a) pars. (am) and (as) does not by itself constitute negligence.
AB724, s. 15 15Section 15. 347.482 of the statutes is created to read:
AB724,9,17 16347.482 Child seating requirements. (1) In this section, "designated
17seating position" has the meaning given in 49 CFR 571.3.
AB724,9,20 18(2) Except as provided in s. 347.48 (4) (as) 1. and 2., no person may operate a
19motor vehicle unless he or she reasonably believes that each passenger who is less
20than 12 years old is seated as follows:
AB724,9,2421 (a) At a designated seating position in a back passenger seat of the vehicle if
22the seating position is equipped with a combination lap belt and shoulder harness,
23unless all such seating positions are occupied by other passengers who are younger
24or weigh less and who are properly restrained in compliance with s. 347.48 (4).
AB724,10,5
1(b) If the vehicle is not equipped with a seating position specified in par. (a), at
2a designated seating position in a front passenger seat of the vehicle if the seating
3position is equipped with a combination lap belt and shoulder harness, unless all
4such seating positions are occupied by other passengers who are younger or weigh
5less and who are properly restrained in compliance with s. 347.48 (4).
AB724,10,96 (c) If the vehicle is not equipped with a seating position specified in par. (a) or
7(b), at a designated seating position in a back passenger seat of the vehicle, unless
8all such seating positions are occupied by other passengers who are younger or weigh
9less and who are properly restrained in compliance with s. 347.48 (4).
AB724,10,1210 (d) If the vehicle is not equipped with a seating position specified in par. (a), (b),
11or (c), at any designated seating position determined by the operator to be the safest
12seating position considering the age and size of the passenger.
AB724,10,14 13(3) Subsection (2) (a) and (c) does not apply if the vehicle is not equipped with
14a back passenger seat.
AB724, s. 16 15Section 16. 347.487 (title) of the statutes is amended to read:
AB724,10,16 16347.487 (title) Seating Motorcycle seating requirements.
AB724, s. 17 17Section 17. 347.50 (1) of the statutes is amended to read:
AB724,10,2018 347.50 (1) Any person violating ss. 347.35 to 347.49, except s. 347.413 (1) or s.
19347.415 (1), (2) and (3) to (5) or s. 347.417 (1) or s. 347.475 or s. 347.48 (2m) or (4) (a)
20or s. 347.489, may be required to forfeit not less than $10 nor more than $200.
AB724, s. 18 21Section 18. 347.50 (3) (a) of the statutes is amended to read:
AB724,10,2522 347.50 (3) (a) Any person violating s. 347.48 (4) (a) 1. (am) may be required to
23forfeit not less than $30 $50 nor more than $75. For a 2nd or subsequent conviction
24within 3 years, a person may be required to forfeit not less than $75 nor more than
25$200.
AB724, s. 19
1Section 19. 347.50 (3) (b) of the statutes is amended to read:
AB724,11,32 347.50 (3) (b) No forfeiture may be assessed under par. (a) if all of the following
3apply
:
AB724,11,64 1. The motor vehicle was not equipped with a child safety restraint system
5meeting the requirements under s. 347.48 (4) (a) 1. (am) at the time the uniform
6traffic citation was issued; and.
AB724,11,107 2. The person provides proof that, within 30 days after the uniform traffic
8citation was issued, a child safety restraint system meeting the requirements under
9s. 347.48 (4) (a) 1. (am) was purchased or leased and properly installed in the motor
10vehicle.
AB724, s. 20 11Section 20. 347.50 (3) (b) 3. of the statutes is created to read:
AB724,11,1312 347.50 (3) (b) 3. The person has not, within the immediately preceding 3 years,
13been issued a uniform traffic citation for a violation of s. 347.48 (4) (am).
AB724, s. 21 14Section 21. 347.50 (4) of the statutes is repealed.
AB724, s. 22 15Section 22. Initial applicability.
AB724,11,1816 (1) This act first applies to violations committed on the effective date of this
17subsection, but does not preclude the counting of other violations as prior violations
18for purposes of sentencing a person.
AB724, s. 23 19Section 23. Effective date.
AB724,11,2120 (1) This act takes effect on the first day of the 4th month beginning after
21publication.
AB724,11,2222 (End)
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