State of Iowa GTSB Conference Des Moines, Iowa. April 28, 2015

Transcription

1 State of Iowa GTSB Conference Des Moines, Iowa April 28, 2015

2 R. Allan Mebus Collision Reconstructionist, ACTAR 1142 CPS Instructor, I Crime Prevention / Community Relations Officer Iowa City Police Dept crime-prevention@iowa-city.org office cell 2

3 I,, do solemnly swear that I will support the constitution of the United States and the Constitution of the State of Iowa, and I will faithfully and impartially to the best of my ability, discharge the duties of the office of Police Officer in ( CITY ), ( ) County, Iowa as now or hereinafter required by law. That I will, in letter and spirit, support and obey the rules and regulations governing the ( your agency ) Department; that I will not be influenced in the discharge of my duty by fear, favor, reward, or personal prejudice; that I will always conduct myself in such a manner as to reflect credit upon my fellow officers. 3

4 Safety belts and safety harnesses use required. 1. Except for motorcycles or motorized bicycles, 1966 model year or newer motor vehicles subject to registration in Iowa shall be equipped with safety belts and safety harnesses which conform with federal motor vehicle safety standard numbers 209 and 210 as published in 49 C.F.R and with prior federal motor vehicle safety standards for seat belt assemblies and seat belt assembly anchorages applicable for the motor vehicle s model year. 2. a. The driver and front seat occupants of a type of motor vehicle that is subject to registration in Iowa, except a motorcycle or a motorized bicycle, shall each wear a properly adjusted and fastened safety belt or safety harness¹ any time the vehicle is in forward motion on a street or highway in this state except² that a child under eighteen years of age shall be secured as required under section (¹,² & underline emphasis added by Presenter) 4

5 2c. The department, in cooperation with the department of public safety and the department of education, shall establish educational programs to foster compliance with the safety belt and safety harness usage requirements of this subsection. 3. The driver and front seat passengers may be each charged separately for improperly used or nonused equipment under subsection 2. However, the driver shall not be charged for a violation committed by a passenger who is fourteen years of age or older unless the passenger is unable to properly fasten a seat belt due to a temporary or permanent disability. The owner of the motor vehicle may be charged for equipment violations under subsection 1. 5

6 1. a. A child under one year¹ of age and weighing less than twenty pounds² who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit in a rear-facing child restraint system that is used in accordance with the manufacturer s instructions. b. A child under six years³ of age who does not meet the description in paragraph a and who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer s instructions. (1,2,3 & underline emphasis added by presenter) 6

7 2. A child at least six years of age but under eighteen years of age who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit by a child restraint system that is used in accordance with the manufacturer s instructions or by a safety belt or safety harness of a type approved under section

8 3. This section does not apply to the following: a. Peace officers acting on official duty. b. The transportation of children in 1965 model year or older vehicles, authorized emergency vehicles, buses, or motor homes, except when a child is transported in a motor home s passenger seat situated directly to the driver s right. c. The transportation of a child who has been certified by a physician licensed under chapter 148 as having a medical, physical, or mental condition that prevents or makes inadvisable securing the child in a child restraint system, safety belt, or safety harness. d. A back seat occupant of a motor vehicle for whom no safety belt is available because all safety belts are being used by other occupants or cannot be used due to the use of a child restraint system in the seating position for which a belt is provided. 8

9 4. A person who violates this section is guilty of a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 14, paragraph c. Violations shall be charged as follows: a. An operator who transports a passenger under fourteen years of age in violation of subsection 1 or 2 may be charged with a violation of this section. b. If a passenger fourteen years of age or older is unable to properly fasten a seatbelt due to a temporary or permanent disability, an operator who transports such a person in violation of subsection 2 may be charged with a violation of this section. Otherwise, a passenger fourteen years of age or older who violates subsection 2 shall be charged in lieu of the operator. 9

10 c. If a child under fourteen years of age, or a child fourteen years of age or older who is unable to fasten a seatbelt due to a temporary or permanent disability, is being transported in a taxicab in a manner that is not in compliance with subsection 1 or 2, the parent, legal guardian, or other responsible adult traveling with the child shall be served with a citation for a violation of this section in lieu of the taxicab operator. Otherwise, if a passenger being transported in the taxicab is fourteen years of age or older, the citation shall be served on the passenger in lieu of the taxicab operator. 10

11 5. A person who is first charged for a violation of subsection 1 and who has not purchased or otherwise acquired a child restraint system shall not be convicted if the person produces in court, within a reasonable time, proof that the person has purchased or otherwise acquired a child restraint system which meets federal motor vehicle safety standards. 6. Failure to use a child restraint system, safety belts, or safety harnesses as required by this section does not constitute negligence nor is the failure admissible as evidence in a civil action. 11

12 7. For purposes of this section, child restraint system means a specially designed seating system, including a belt-positioning seat or a booster seat, that meets federal motor vehicle safety standards set forth in 49 C.F.R Acts, ch 1016, 1; 86 Acts, ch 1069, 1; 2000 Acts, ch 1133, 11; 2001 Acts, ch 132, 11; 2001 Acts, ch 137, 5; 2004 Acts, ch 1113, 2, 3; 2005 Acts, ch 8, 32; 2008 Acts, ch 1088, 123; 2010 Acts, ch 1186, 8, 9 Subsections 2 and 3 amended Subsection 4 stricken and rewritten 12

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17 Rear Facing Infant Seat For Infants Birth to 20 lbs. (Some have higher Wt. Limits) Center rear position best Either outboard position acceptable Carry handle up or down (per manual) Angle of child seat back

18 Rear Facing Infant Seat Harness Retainer Clip at armpit level Harness over shoulder and snug Harness slot at or below shoulders Seat moves less than 1 inch side to side 18

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20 Used rear facing when child is over 20 lbs but still younger than one year, or too tall for RF seat and under one year When child reaches 1 year & 20 lbs- Parent may use this seat for forward facing the child. HOWEVER- New recommendations advise to leave child RF until 2 yrs. Many convertibles now have higher RF weight limits Rear Facing Children are 5x safer than FF(NHTSA) 20

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22 Forward Facing Child Seat Child at least 20 pounds and over 1 yr Harness snug over child s shoulder Harness retainer clip at armpit level Harness slot at or above child s shoulder Seat moves less than 1 inch 22

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24 Booster Seat Lap belt over upper thigh Shoulder belt over sternum and center of shoulder Belt fit is snug 24

25 Vehicle manufacturers use the 5 th percentile adult to determine belt use. (NHTSA) 4 9 (still may not all vehicles) 80 pounds More important Child must sit back in seat Knees must be at 90 and feet touch floor Belts must fit as described in Booster Section 25

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38 Weight of Child (lbs) x Speed of Vehicle (mph) 10 lbs x 30 mph = 300 energy units Parent UNABLE to hold child in place 38

39 You have observed a misuse of the Child Restraint Write the ticket OR Suggest the obvious correction Snug up the loose harness Slide the harness retainer clip up to armpit level Put the shoulder belt over the chest not behind the back Etc, etc 39

40 The goal is to keep our children safe. With general knowledge you can Better protect the child They may be too young to protect themselves Help educate or remind parents Keep parents out of court. 40

41 You can write the ticket What does it do for the child? Modify parent s behavior in the future Therefore keep the child safest, in the vehicle Remember Fine can be dismissed by judge when parents produces child safety seat. (Some areas, the judge requires education on proper use also. Especially when the ticket is for misuse ) If you simply write the ticket, is the child leaving safer than when you first made contact? 41

42 With either decision (correction or ticket) you can always refer the parent/guardian/caregiver to a Child Passenger Safety Technician for additional assistance. Many areas also have regular Education Events where families bring in their car, the safety seat and their child to make sure the three components fit together safely. 42

43 Click on FIND A TECH htm Enter State. 43

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