SENATE, No. 1385

By Ms. Fargo, a petition (accompanied by bill, Senate, No. 1385) of Susan C. Fargo for legislation relative to ensuring child passenger safety. Public Safety and Homeland Security.
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The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Seven.


AN ACT relative to ensuring 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 7AA of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

No child who is five years of age or older, but not older than the age at which such child may first obtain a valid junior operator’s license under section 8 of this chapter, 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.

SECTION 2.  Said section 7AA of said chapter 90, as so appearing, is hereby further amended by striking out the second sentence of the third paragraph and inserting in its place the following sentence:-

An operator of a motor vehicle shall be subject to a fine of not more than fifty dollars for each child who is not fastened and secured by a child passenger restraint or who is not wearing a safety belt in accordance with the provisions this section; provided, however, that said fifty dollar fine shall not apply to an operator of a motor vehicle licensed as a taxi cab not equipped with a child passenger restraint device.

SECTION 3.  Section 13A of said chapter 90, as appearing in the 2004 Official Edition, is hereby amended by striking out subsection (a) of the first paragraph thereof and inserting in its place the following subsection:

(a) any child less than the age at which a valid junior operator’s license may first be obtained who is subject to the provisions of section seven AA;

SECTION 4.  Said section 13A of said chapter 90, as so appearing, is hereby further amended by striking out the first sentence of the second paragraph and inserting in its place the following paragraph:-

Any person over the age at which a valid junior operator’s license may first be obtained who operates a motor vehicle without a safety belt, and any person over the age at which a valid junior operator’s license may first be obtained 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.

SECTION 5.  Said section 13A of said chapter 90, as so appearing, is hereby further amended by striking out the second sentence of the second paragraph.