SENATE, No. 1846

STATE OF NEW JERSEY

INTRODUCED MARCH 3, 1997

By Senator CODEY

An Act concerning transporting children in motor vehicles, and amending P.L.1983, c.128 and P.L.1984, c.179.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 1 of P.L.1983, c.128 (C.39:3-76.2a) is amended to read as follows:

    1. Every person operating a motor vehicle equipped with safety belts who is transporting a child under the age of 5 years on roadways, streets or highways of this State, shall be responsible for the protection of the child by properly using a child passenger restraint system that complies with the federal motor vehicle safety standard applicable when it was manufactured, or where the child is 18 months of age or more but under 5 years of age by securing the child with a safety belt in a rear seat. If there are no rear seats, a child restraint system [must] shall be used. A child under the age of twelve years shall not be transported in the front seat of a motor vehicle equipped with an operational front passenger supplemental restraint system; provided, however, this provision shall not be applicable when the child is being transported in a motor vehicle with a weight sensitive supplemental restraint system. In no event shall failure to wear a child passenger restraint system be considered as contributory negligence, nor shall the failure to wear the child passenger restraint system be admissible as evidence in the trial of any civil action.

(cf: P.L.1983, c.128, s.1)

    2. Section 2 of P.L.1984 c.179 (C.39:3-76.2f) is amended to read as follows:

    2. a. Except as provided in P.L.1983, c.128 (C.39:3-76.2a et al.) for children under five years of age and except as provided in subsection b. of this section for passengers who are at least five years of age but less than 18 years of age, each driver and front seat passenger of a passenger automobile operated on a street or highway in this State shall wear a properly adjusted and fastened safety seat belt system as defined by Federal Motor Vehicle Safety Standard Number 209.

    b. The driver of a passenger automobile shall secure or cause to be secured in a properly adjusted and fastened safety seat belt system, as defined by Federal Motor Vehicle Safety Standard Number 209, any passenger in the front seat who is at least five years of age but less than 18 years of age, except as provided in Section 1 of P.L.1983, c.128 (C.39:3-76.2a).

(cf: P.L.1984, c.179, s.2)

    3. This act shall take effect immediately.

STATEMENT

    While supplemental restraint systems (airbags) in motor vehicles have proven to be a valuable safety device for adults, safety experts currently are advising parents not to place infants and children in the front seat of a vehicle with airbags because of incidents where infants and children have been killed when the device deployed.

    Under this bill, a person would be prohibited from transporting a child under the age of 12 in the front seat of a motor vehicle equipped with an operational front passenger airbag. An exception is made for motor vehicles with a weight sensitive supplemental restraint system which will adjust the force of the opening airbag to the weight of the passenger. While these devices are not currently available, at least one motor vehicle manufacturer plans to equip its vehicles with them in the next few years.

Prohibits children under 12 from riding in front seat of vehicle with passenger side airbag.