By Mr. Toomey of Cambridge, petition (accompanied by bill, House, No. 3653) of Timothy J. Toomey, Jr., and others relative to child passenger safety.  Transportation

The Commonwealth of Massachusetts

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PETITION OF:

Timothy J. Toomey, Jr.

Alice K. Wolf

Elizabeth A. Malia

Denise Provost

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In the Year Two Thousand and Seven.

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An Act relative to child passenger safety.

    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 1 of Chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended in lines 331 to 335 by striking out the definition of “Child passenger restraint” and inserting in place thereof the following definition:-

 “Child passenger restraint”, a specifically designed seating system which meets the U.S. Department of Transportation Federal Motor Vehicle Safety Standards as established in 49 C.F.R. 571.213 which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system.

SECTION 2.           Section 7AA of Chapter 90 of the General Laws, as so appearing, is hereby amended by striking out paragraphs 1 and 2 and inserting in place thereof the following new paragraphs:-

No child under the age of eight and no child measuring less than 57 inches in height shall ride as a passenger in a motor vehicle on any way unless such child is properly fastened and secured, according to the manufacturer’s instructions, by a child passenger restraint as defined in section one.

                No child who is not required to be properly fastened by a child passenger restraint as required by the preceding paragraph, but who is not older than twelve years of age, shall ride as a passenger in a motor vehicle on any way unless such child is wearing a safety belt which is properly adjusted and fastened according to the manufacturer’s instructions.