321.445 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. § 571.209--571.210 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. 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 harness any time the vehicle is in forward
motion on a street or highway in this state except that a child under
eleven years of age shall be secured as required under section
321.446.
This subsection does not apply to:
a. The driver or front seat occupants of a motor vehicle
which is not required to be equipped with safety belts or safety
harnesses.
b. The driver and front seat occupants of a motor vehicle who
are actively engaged in work which requires them to alight from and
reenter the vehicle at frequent intervals, providing the vehicle does
not exceed twenty-five miles per hour between stops.
c. The driver of a motor vehicle while performing duties as a
rural letter carrier for the United States postal service. This
exemption applies only between the first delivery point after leaving
the post office and the last delivery point before returning to the
post office.
d. Passengers on a bus.
e. A person possessing a written certification from a health
care provider licensed under chapter 148 or 151 on a form provided by
the department that the person is unable to wear a safety belt or
safety harness due to physical or medical reasons. The certification
shall specify the time period for which the exemption applies. The
time period shall not exceed twelve months, at which time a new
certification may be issued unless the certifying health care
provider is from a United States military facility, in which case the
certificate may specify a longer period of time or a permanent
exemption.
f. Front seat occupants of an authorized emergency vehicle
while they are being transported in an emergency. However, this
exemption does not apply to the driver of the authorized emergency
vehicle.
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. The owner of the motor vehicle may be charged for equipment
violations under subsection 1.
4. a. The nonuse of a safety belt or safety harness by a
person is not admissible or material as evidence in a civil action
brought for damages in a cause of action arising prior to July 1,
1986.
b. In a cause of action arising on or after July 1, 1986,
brought to recover damages arising out of the ownership or operation
of a motor vehicle, the failure to wear a safety belt or safety
harness in violation of this section shall not be considered evidence
of comparative fault under section 668.3, subsection 1. However,
except as provided in section 321.446, subsection 6, the failure to
wear a safety belt or safety harness in violation of this section may
be admitted to mitigate damages, but only under the following
circumstances:
(1) Parties seeking to introduce evidence of the failure to wear
a safety belt or safety harness in violation of this section must
first introduce substantial evidence that the failure to wear a
safety belt or safety harness contributed to the injury or injuries
claimed by the plaintiff.
(2) If the evidence supports such a finding, the trier of fact
may find that the plaintiff's failure to wear a safety belt or safety
harness in violation of this section contributed to the plaintiff's
claimed injury or injuries, and may reduce the amount of plaintiff's
recovery by an amount not to exceed five percent of the damages
awarded after any reductions for comparative fault.
5. The department shall adopt rules pursuant to chapter 17A
providing exceptions from application of subsections 1 and 2 for
front seats and front seat passengers of motor vehicles owned,
leased, rented, or primarily used by persons with physical
disabilities who use collapsible wheelchairs. Section History: Early Form
[C66, 71, 73, 75, 77, 79, 81, § 321.445] Section History: Recent Form
84 Acts, ch 1016, § 3; 86 Acts, ch 1009, § 2; 86 Acts, ch 1211, §
43; 87 Acts, ch 120, § 5; 92 Acts, ch 1175, § 37; 96 Acts, ch 1129, §
79; 97 Acts, ch 104, §21; 97 Acts, ch 108, §26; 98 Acts, ch 1080, §6,
7; 2002 Acts, ch 1119, §50; 2004 Acts, ch 1113, §1; 2008 Acts, ch
1088, §122
Referred to in § 321.210, 321.446, 321.555, 805.8A(14c)
For applicable scheduled fines, see § 805.8A, subsection 14,
paragraph c