44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO MOTOR VEHICLES; CHANGING THE REQUIREMENTS FOR CHILD PASSENGER RESTRAINT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 66-7-369 NMSA 1978 (being Laws 1983, Chapter 252, Section 2, as amended) is amended to read:

"66-7-369. CHILD PASSENGER RESTRAINT--ENFORCEMENT.--

A. No person shall operate a passenger car, van or pickup truck in this state [and not], except for an authorized emergency vehicle, public transportation or a school bus, unless [each passenger] all passengers under [eleven] sixteen years of age [is] are properly restrained.

B. Each person under sixteen years of age must be properly secured in a child passenger restraint device or by a safety belt, whichever is appropriate, unless all seating positions equipped with safety belts are occupied as follows:

(1) children [less than one year of age] four years of age and younger, regardless of weight, or children weighing less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device which meets the standards prescribed in 49 CFR 571.213; and

[(2) children one year of age and older but less than five years of age shall be properly secured in a child passenger restraint device which meets the standards prescribed in 49 CFR 571.213 or in the rear seat by a safety belt provided in the motor vehicle; and]

[(3)] (2) children five years of age and older but less than [eleven] sixteen years of age shall be secured by a safety belt provided in the motor vehicle in either the front or rear seat.

[B.] C. Failure to be secured by a child passenger restraint device or by a safety belt as required by this section shall not in any instance constitute fault or negligence and shall not limit or apportion damages."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2000.