CHAPTER 480

FORMERLY

HOUSE BILL NO. 215

AS AMENDED BY HOUSE AMENDMENT NO. 2 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 48, TITLE 21 OF THE DELAWARE CODE RELATING TO CHILD RESTRAINT IN MOTOR VEHICLES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §4803, Title 21 of the Delaware Code, by renumbering subsections (c), (d), and (e) as subsections (d), (e), and (0, and by adding a new subsection as follows:

"(c) No child who is 65 inches or less in height and who is under 12 years of age shall occupy the front passenger seat of any vehicle equipped with a passenger-side airbag that has not been deliberately rendered inoperable. This subsection shall not apply to vehicles equipped with a passenger-side airbag specifically designed or modified by the vehicle's manufacturer for use by children and small adults.

It shall not be a violation of this section for a child 65 inches or less in height and under 12 years of age to occupy the front passenger seat of a vehicle equipped with a passenger-side airbag that has not been deliberately rendered inoperable if such vehicle does not have a rear passenger seat or if all rear passenger seats are occupied by other children 65 inches or less in height and underl2 years of age. A violation of this subsection shall be considered a secondary offense, and no motor vehicle shall be stopped by a police officer solely for failure to comply with this section."

Section 2. This Act shall sunset on January 1, 2003, provided new federal regulations regarding safer deployment of airbags are in effect.

Approved July 17, 1998