An Act To Amend the Laws Governing Motor Vehicle Child Restraint Systems To Allow Certain Exceptions
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §2081, sub-§1, ¶A-4 is enacted to read:
A-4. "Child passenger safety technician with special needs training" means a person certified by a national child passenger safety certification program using a curriculum approved by the National Highway Traffic Safety Administration to provide instruction in the use of child restraint systems who also has special needs training provided by that program.
Sec. 2. 29-A MRSA §2081, sub-§2-A, as enacted by PL 2019, c. 299, §2, is amended to read:
Sec. 3. 29-A MRSA §2081, sub-§2-B, as enacted by PL 2019, c. 299, §2, is amended to read:
Sec. 4. 29-A MRSA §2081, sub-§3, ¶A, as amended by PL 2019, c. 299, §2, is further amended to read:
A. The operator shall ensure that a child who weighs less than 80 pounds, who is less than 57 inches in height and who is less than 8 years of age is properly secured in a belt positioning seat or other child restraint system in accordance with the child restraint system manufacturer's instructions and the vehicle manufacturer's instructions.
Sec. 5. 29-A MRSA §2081, sub-§3, ¶C, as enacted by PL 2001, c. 585, §3 and affected by §6, is amended to read:
C. The operator shall ensure that a child who is less than 12 years of age and who weighs less than 100 pounds is properly secured in the rear seat of a vehicle, if possible.
Sec. 6. 29-A MRSA §2081, sub-§4, ¶A-2 is enacted to read:
A-2.
The requirements of subsections 2-A, 2-B and 3 do not apply if a child passenger has a medical condition that, in the opinion of a physician, nurse practitioner, physician assistant or child passenger safety technician with special needs training, necessitates that a different child restraint system be used to improve the safety of the child. An opinion rendered pursuant to this paragraph must:
(1) Be made in writing by the physician, nurse practitioner, physician assistant or child passenger safety technician with special needs training;
(2) Recommend a child restraint system that would improve the safety of the child; and
(3) Explain the basis of the opinion.
The operator of a motor vehicle transporting a child identified in this paragraph shall ensure the child is properly secured in a child restraint system recommended in the opinion rendered by the physician, nurse practitioner, physician assistant or child passenger safety technician with special needs training under this paragraph in accordance with the child restraint system manufacturer's instructions and the vehicle manufacturer's instructions.
Effective 90 days following adjournment of the 129th Legislature, Second Regular Session, unless otherwise indicated.