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By Mr. Festa of Melrose, petition (accompanied by bill, House, No. 3478) of Michael E. Festa and others relative to establishing a primary enforcement motor vehicle seat belt law. Transportation. |
The Commonwealth of Massachusetts
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PETITION OF:
John W. Scibak
David Paul Linsky
Ruth B. Balser
Christopher J. Donelan
Barbara A. L'Italien
Matthew C. Patrick
Anthony J. Verga
Alice K. Wolf
Patricia D. Jehlen
Martha M. Walz
Denise Provost
Cory Atkins
Elizabeth A. Malia
Richard J. Ross
Carl M. Sciortino, Jr.
Steven J. D'Amico
Kay Khan
Cheryl A. Coakley-Rivera
James B. Eldridge
Alice Hanlon Peisch
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In the Year Two Thousand and Seven.
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Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 13A of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the seventh paragraph beginning on line 23 and inserting in place thereof the following: –
Any person who operates a motor vehicle without a safety belt, and any person sixteen years of age or over who rides as a passenger in a motor vehicle without wearing a safety belt in violation of this section, shall be subject to a fine of twenty-five dollars. Any operator of a motor vehicle shall be subject to an additional fine of twenty-five dollars for each person under the age of sixteen and not younger than twelve who is a passenger in said motor vehicle and not wearing a safety belt. The provisions of this section shall be enforced by law enforcement agencies when an operator of a motor vehicle or passenger who rides in the front seat is not wearing a safety belt in violation of motor vehicle laws. A police officer may not search or inspect a motor vehicle, its contents, the driver, or a passenger solely because of a violation of this section. For a period of 180 days following the effective day of this act, any law enforcement official who stops a motorist solely because of failure to wear a safety belt shall not issue a citation, but shall only issue a written or verbal warning.
SECTION 2. Chapter 228 of the Acts of 2000 is hereby amended by adding at the end the following new section: - The registry of motor vehicles shall maintain information specified in Section 8 of this Act for any citation or warning issued or any stop not resulting in a warning or citation for failure to wear a seat belt as required by paragraph 7 of section 13A of chapter 90 of the General Laws. The registry of motor vehicles shall forward this data to the Attorney General and the clerks of the House of Representatives and the Senate no later than January 1, 2007 and at least annually thereafter.