CHAPTER 585
H.P. 1421 - L.D. 1867
An Act to Ensure the Safety of Maine Children While Riding in a Vehicle
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2081, sub-§1, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is repealed and the following enacted in its place:
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Child safety seat" means a child safety seat that meets the standards described in the Federal Motor Vehicle Safety Standards.
B. "Federal Motor Vehicle Safety Standards" means the standards described in 49 Code of Federal Regulations, Part 571, in effect on January 1, 1981, as subsequently amended.
C. "Federally approved child restraint system" means a child passenger restraint system that is designed to elevate a child to enable that child to properly sit in a federally approved lap and shoulder belt system and that meets the requirements of the Federal Motor Vehicle Safety Standards.
Sec. 2. 29-A MRSA §2081, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and affected by Pt. B, §5, is amended to read:
2. Children under 40 pounds. When a child who is weighs less than 4 years of age 40 pounds is being transported in a motor vehicle that is required by the United States Department of Transportation to be equipped with safety seat belts, the operator must have the child properly secured in accordance with the manufacturer's instructions in a child safety seat.
Sec. 3. 29-A MRSA §2081, sub-§3, as amended by PL 1997, c. 450, §1, is repealed and the following enacted in its place:
3. Passengers less than 18 years of age. Except as provided in subsection 2, the following provisions apply to passengers less than 18 years of age riding in a vehicle that is required by the United States Department of Transportation to be equipped with seat belts.
A. The operator shall ensure that a child who weighs at least 40 pounds but less than 80 pounds and who is less than 8 years of age is properly secured in a federally approved child restraint system.
B. The operator shall ensure that a child who is less than 18 years of age but more than 8 years of age or who is less than 18 years of age and more than 4 feet, 7 inches in height is properly secured in a seat belt unless that child is required to be secured in a federally approved child restraint system pursuant to this subsection or in a child safety seat pursuant to subsection 2.
C. The operator shall ensure that a child who is less than 12 years of age and who weighs less than 100 pounds is properly secured in the rear seat of a vehicle, if possible.
Sec. 4. 29-A MRSA §2081, sub-§4, ¶B, as amended by PL 1995, c. 65, Pt. A, §107 and affected by §153 and Pt. C, §15, is further amended to read:
B. A person against whom enforcement action has been taken may not be adjudicated to have committed a subsequent violation of subsection 2 or subsection 3, paragraph A until 24 hours have elapsed from the date and time of the first violation indicated on the Violation Summons and Complaint.
Sec. 5. 29-A MRSA §2081, sub-§4, ¶C, as amended by PL 1995, c. 432, §3 and affected by §4, is further amended to read:
C. A violation of subsection 2 or subsection 3, paragraph A is a traffic infraction. The court shall waive the fine for a first violation of subsection 2 or subsection 3, paragraph A by a parent or legal guardian if the parent or legal guardian provides the court with satisfactory evidence that the parent or legal guardian has acquired a child safety seat or federally approved child restraint system for continuous use by the child within 30 days of the violation.
Sec. 6. Effective date. This Act takes effect January 1, 2003.
Effective January 1, 2003.
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