CHAPTER 380
H.P. 474 - L.D. 644
An Act To Assist Regional Transportation Providers To Comply with the Booster Seat Law
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2081, sub-§1, ¶C, as enacted by PL 2001, c. 585, §1 and affected by §6, is amended to read:
C. "Federally approved child restraint system" means a child passenger safety restraint system that is intended to be used as crash protection in vehicles that is designed to elevate a child to enable that child to properly sit in a federally approved lap and shoulder belt system and that meets the requirements of the Federal Motor Vehicle Safety Standards Standard 213.
Sec. 2. 29-A MRSA §2081, sub-§3, ¶A, as enacted by PL 2001, c. 585, §3 and affected by §6, is amended to read:
A. The operator shall ensure that a child who weighs at least 40 pounds but less than 80 pounds and who is less than 8 years of age is properly secured in a federally approved child restraint system. Nonprofit, municipal or contracted transportation service providers are exempt from this paragraph until February 1, 2005, except that the operator shall ensure that the child is properly secured in a seat belt.
Sec. 3. 29-A MRSA §2081, sub-§3, ¶B, as amended by PL 2001, c. 710, §15 and affected by §16, is further amended to read:
B. The operator shall ensure that a child who is less than 18 years of age and at least 8 years of age or who is less than 18 years of age and more than 4 feet, 7 inches in height is properly secured in a seat belt unless that child is required to be secured in a federally approved child restraint system pursuant to this subsection or in a child safety seat pursuant to subsection 2.
Sec. 4. 29-A MRSA §2081, sub-§4, ¶D, as amended by PL 1995, c. 597, §3, is further amended to read:
D. A violation of subsection 3 or 3-A is a traffic infraction. The fine for a violation of subsection 3 or 3-A may not be less than $25 nor more than $50. A written warning must be issued in lieu of a fine for a violation of subsection 3 until September 1, 2003. After September 1, 2003 a fine may be imposed for a violation of subsection 3.
Sec. 5. Retroactivity. This Act applies retroactively to January 1, 2003.
Effective September 13, 2003, unless otherwise indicated.
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