2017-2018 Bill 3864 Text of Previous Version (Mar. 29, 2017) - South Carolina Legislature Online

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 March 29, 2017 6 7 H. 3864 8 9 Introduced by Reps. Bernstein, Collins, Erickson, King and Elliott 10 11 S. Printed 3/29/17--H. 12 Read the first time February 28, 2017. 13 14 15 THE COMMITTEE ON JUDICIARY 16 To whom was referred a Bill (H. 3864) to amend Sections 17 5656410 and 5656420, Code of Laws of South Carolina, 1976, 18 relating to the requirement that certain children must be, etc., 19 respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass: 23 24 F. GREGORY DELLENEY, JR. for Committee. 25

[3864-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTIONS 5656410 AND 5656420, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE 13 REQUIREMENT THAT CERTAIN CHILDREN MUST BE 14 SECURED IN A CHILD PASSENGER RESTRAINT SYSTEM 15 WHILE TRAVELING IN A MOTOR VEHICLE, AND THE 16 TRANSPORTATION OF CHILDREN IN A VEHICLE WITH 17 AN INSUFFICIENT NUMBER OF CHILD RESTRAINT 18 DEVICES, SO AS TO REVISE THE AGE, WEIGHT, AND 19 POSITION OF A CHILD WHO MUST BE SECURED IN A 20 CHILD PASSENGER RESTRAINT SYSTEM. 21 22 Whereas, motor vehicle crashes remain the leading cause of 23 accidental death for children ages one to nineteen; and 24 25 Whereas, South Carolina’s motor vehicle death rate per 100,000 is 26 20 as compared to a national average of 10.9; and 27 28 Whereas, each week approximately one South Carolina child 29 seventeen years of age or younger dies from a preventable 30 transportationrelated incident; and 31 32 Whereas, a child riding unrestrained in a motor vehicle is the 33 greatest risk factor for death and injury among child occupants; 34 and 35 36 Whereas, child safety seats, when used correctly, can reduce 37 fatalities by seventyone percent for infants and fiftyfour percent 38 for toddlers; and 39 40 Whereas, the proper use of age- and sizeappropriate child restraint 41 systems is the most effective way to minimize injuries and 42 fatalities to children. Now, therefore,

[3864] 2 1 2 Be it enacted by the General Assembly of the State of South 3 Carolina: 4 5 SECTION 1. Section 5656410 of the 1976 Code is amended to 6 read: 7 8 “Section 5656410. Every driver of a motor vehicle (passenger 9 car, pickup truck, van, or recreational vehicle) operated on the 10 highways and streets of this State when transporting a child five 11 under eight years of age or younger upon the public streets and 12 highways of the State must provide an appropriate child passenger 13 restraint system and must properly secure the child in the vehicle 14 as follows: 15 (1) A child from birth up to one year of age or who weighs less 16 than twenty pounds must be properly secured in a rearfacing child 17 safety seat which meets the standards prescribed by the National 18 Highway Traffic Safety Administration. An infant or child under 19 two years of age must be properly secured in a rearfacing child 20 passenger restraint system in a rear passenger seat of the vehicle 21 until the child exceeds the height or weight limit allowed by the 22 manufacturer of the child passenger restraint system being used. 23 (2) A child who is at least one year of age but less than six 24 years of age and who weighs at least twenty pounds but less than 25 forty pounds must be secured in a forwardfacing child safety seat 26 provided in the motor vehicle which meets the standards 27 prescribed by the National Highway Traffic Safety Administration. 28 A child at least two years of age or a child under two years of age 29 who has outgrown their rearfacing child passenger restraint system 30 must be secured in a forwardfacing child passenger restraint 31 system with a harness in a rear passenger seat of the vehicle until 32 the child exceeds the highest height or weight requirements of their 33 forwardfacing child passenger restraint system. 34 (3) A child who is at least one year of age but less than six 35 years of age and who weighs at least forty pounds but not more 36 than eighty pounds who must be secured by a beltpositioning 37 booster seat. A child at least four years of age who has outgrown 38 their forwardfacing child passenger restraint system seat must be 39 secured by a beltpositioning booster seat in a rear seat of the 40 vehicle until they can meet the height and fit requirements for an 41 adult safety seat belt as described in item (4).The beltpositioning 42 booster seat must be used with both lap and shoulder belts. A 43 booster seat must not be used with a lap belt alone.

[3864] 3 1 (4) If a child is at least one year of age but less than six years 2 of age and weighs more than eighty pounds, the child may be 3 restrained in an adult safety belt. If a child less than six years of 4 age can sit with his back straight against the vehicle seat back 5 cushion, with his knees bent over the vehicle’s seat edge without 6 slouching, the child may be seated in the regular back seat and 7 secured by an adult safety belt. A child at least eight years of age 8 and at least fiftyseven inches tall may be restrained in an adult 9 safety belt if the child can be secured properly by an adult safety 10 seat belt. A child is properly secured by an adult safety seat belt 11 when: 12 (a) the lap belt fits across the child’s thighs and hips and not 13 across the abdomen; 14 (b) the shoulder belt crosses the center of the child’s chest 15 and not the neck; and 16 (c) the child is able to sit with his back straight against the 17 vehicle seat back cushion with his knees bent over the vehicle’s 18 seat edge without slouching. 19 (5) A child who is less than six years of age must not occupy a 20 front passenger seat of a motor vehicle. This restriction does not 21 apply if the motor vehicle does not have rear passenger seats or if 22 all rear passenger seats are occupied by other children less than six 23 years of age. For medical reasons that are substantiated with 24 written documentation from the child’s physician, advanced nurse 25 practitioner, or physician assistant, a child who is unable to be 26 transported in a standard child passenger safety restraint system 27 may be transported in a child passenger safety restraint system 28 designed for their medical needs. 29 Any child restraint system of a type sufficient to meet the 30 physical standards prescribed by the National Highway Traffic 31 Safety Administration at the time of its manufacture is sufficient to 32 meet the requirements of this article.” 33 34 SECTION 2. Section 5656420 of the 1976 Code is amended to 35 read: 36 37 “Section 5656420. If all the seating positions with restraint 38 devices are occupied by children under the age of six years, a 39 child may be transported and the driver of the motor vehicle is not 40 in violation of the provisions of this article, but priority must be 41 given to children under the age of six years, according to their ages 42 If a motor vehicle lacks a rear passenger seat or if all of its rear 43 seating positions are occupied by children under eight years of age,

[3864] 4 1 a child under eight years of age may be transported in the front 2 seat of the motor vehicle if they are secured properly in an 3 appropriate child passenger seat for their size as described in 4 Section 5656410(1), (2), or (3).” 5 6 SECTION 3. This act takes effect upon approval by the 7 Governor. 8 XX 9

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