07 LC 28
3291
House
Bill 200
By:
Representatives Geisinger of the
48th,
Lindsey of the
54th,
Hill of the
21st,
Rice of the
51st,
Millar of the
79th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of
Georgia Annotated, relating to horns, exhaust systems, mirrors, windshields,
tires, safety belts, and energy absorption systems, so as to eliminate certain
exceptions to the required use of safety belts; to provide that the failure to
use such safety belts may be evidence of causation, negligence, and contributory
negligence; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia
Annotated, relating to horns, exhaust systems, mirrors, windshields, tires,
safety belts, and energy absorption systems, is amended by revising subsection
(c) of Code Section 40-8-76, relating to safety belts as required equipment, as
follows:
"(c)
Violation of this Code section
shall not
constitute
may be
considered evidence of negligence
per se
nor
or
contributory negligence
per
se. Violation of subsection (b) of this
Code section shall not be the basis for cancellation of coverage or increase in
insurance rates."
SECTION
2.
Said
part is further amended by revising subsections (a) and (d) of Code Section
40-8-76.1, relating to the use of safety belts in passenger vehicles, as
follows:
"(a)
As used in this Code section, the term 'passenger vehicle' means every motor
vehicle,
including, but not limited to, pickup trucks, vans, and sport utility
vehicles, designed to carry ten
or
fewer passengers
or
less and used for the transportation of
persons. Such
term
but
shall not
mean pickup
trucks,
include
motorcycles, motor driven cycles, or vehicles equipped for off-road
use,
provided that the term 'passenger vehicle' includes any sport utility vehicle
and also includes pickup trucks for any occupant who is under 18 years of
age."
"(d)
The failure of an occupant of a motor vehicle to wear a seat safety belt in any
seat of a motor vehicle which has a seat safety belt or belts
shall
not
may
be considered evidence of negligence or
causation,
shall not
otherwise;
may be considered by the finder of fact on
any question of liability of any person, corporation, or
insurer,;
shall not be any basis for cancellation of coverage or increase in insurance
rates, and
shall not be
evidence; and
may be used
as
evidence to diminish any recovery for
damages arising out of the ownership, maintenance, occupancy, or operation of a
motor vehicle."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.