45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO MOTOR VEHICLES; CHANGING CRITERIA REGARDING USE OF SAFETY BELTS AND CHILD PASSENGER RESTRAINTS.

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] A person shall not 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 under eleven] all passengers less than eighteen years of age [is] are properly restrained.

B. Each person less than eighteen years of age shall be properly secured in a child passenger restraint device or by a safety belt, unless all seating positions equipped with safety belts are occupied, as follows:

(1) children less than one year of age shall be properly secured in a rear-facing child passenger restraint device [which meets the standards prescribed in 49 CFR 571.213] that meets federal standards, in the rear seat of the vehicle or in the front seat of the vehicle if the passenger-side air bag is deactivated;

(2) children one year of age [and older but less than five] through four years of age, regardless of weight, or children who weigh 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 or in the rear seat by a safety belt provided in the motor vehicle; and] that meets federal standards;

(3) children five years of age [and older but less than eleven years of age shall be secured by a safety belt provided in the motor vehicle in either the front or rear seat] through twelve years of age shall be secured by a seat belt in the rear seat of a motor vehicle equipped with a rear seat, unless all available seating positions are occupied by passengers twelve years of age or younger; and

(4) children thirteen through seventeen years of age shall be secured by a safety belt in the front seat or rear seat of the vehicle.

[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 July 1, 2001.