An Act to repeal the requirement that an adult occupant of a motor vehicle in forward motion must wear a safety belt.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 32-38-1 be REPEALED.

Except as provided in chapter 32-37 and § 32-38-3, every operator and front seat passenger of a passenger vehicle operated on a public highway in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in forward motion. The driver of the passenger vehicle shall secure or cause to be secured a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age. Any violation of this section is not a moving traffic offense under the provisions of § 32-12-49.1.

Section 2. That § 32-38-2 be REPEALED.

For the purposes of this chapter, a passenger vehicle is any self-propelled vehicle intended primarily for use and operation on a public highway including any passenger car, station wagon, van, taxicab, emergency vehicle, motor home, truck, or pickup. The term does not include any motorcycle, motor scooter, motor bicycle, electric bicycle, multi-passenger quadricycle as defined in § 32-14-17, passenger bus, or school bus. The term also does not include any farm tractor or implement of husbandry designed primarily or exclusively for use in agricultural operations.

Section 3. That § 32-38-3 be REPEALED.

The provisions of § 32-38-1 do not apply to:

(1) Any occupant of a passenger vehicle manufactured before September 1, 1973;

(2) Any occupant of a passenger vehicle who possesses a written statement from a doctor licensed under chapter 36-4 or 36-5 that the individual is unable for medical reasons to wear a safety seat belt system;

(3) Any occupant of a vehicle not equipped with a safety seat belt system because federal law does not require that vehicle to be so equipped; or

(4) Any rural carrier of the United States Postal Service while serving his rural postal route or any person delivering newspapers or periodicals on an assigned home delivery route.

Section 4. That § 32-38-4 be REPEALED.

Failure to comply with the provisions of this chapter does not constitute contributory negligence, comparative negligence, or assumption of the risk. Failure to comply with the provisions of this chapter may not be introduced as evidence in any criminal litigation other than a prosecution under this chapter or in any civil litigation on the issue of injuries or on the issue of mitigation of damages.

Section 5. That § 32-38-5 be REPEALED.

Enforcement of this chapter by state or local law enforcement agencies shall be accomplished as a secondary action. A violation of this chapter is a petty offense.