Youngstown Daily Legal News

Lawmaker wants to strengthen Ohio's seatbelt requirements for kids

TIFFANY L. PARKS
Special to the Legal News
Published: April 17, 2014

Following a fatal automobile accident in Columbiana County where two adults and four of seven children were not wearing seatbelts, Rep. Joe Schiavoni has introduced a bill into the Ohio General Assembly designed to bolster the state’s seatbelt requirements for children.

“While we cannot prevent all fatal automobile accidents, I think we can make some sensible changes to help prevent future tragedies similar to what we saw earlier this year,” Schiavoni, D-Canfield, said in a statement following the introduction of Senate Bill 302.

The proposed legislation would permit a law enforcement official to pull over a vehicle if it is evident that children are not restrained.

Schiavoni said he worked with the Ohio Highway Patrol, the Ohio Prosecuting Attorneys Association and “others with expertise in traffic laws to draft a bill that I hope can help save children’s lives.”

Under current state law, Schiavoni said the enforcement of a child 15 years and younger who is unrestrained is a secondary offense, and law enforcement is unable to pull a vehicle over without a primary offense violation.

“Establishing the requirement for children to be restrained as a primary offense would allow for increased protection in the event of an accident,” he said.

Under provisions that state no law enforcement officer who stops the operator of a motor vehicle shall issue a ticket or summons for a secondary traffic offense unless in the course of the checkpoint operation or safety inspection the officer first determines that an offense other than a secondary traffic offense has occurred the following passage would be repealed under SB 302.

“The failure of an operator of a motor vehicle to secure a child in a child restraint system, a booster seat or an occupant restraining device as required ... is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section,” according to SB 302.

SB 302 is co-sponsored by Sen. Peggy Lehner, R-Kettering.

The bill is awaiting a committee assignment.

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