SD Secretary of State
Elections & Voter Registration
1994 Election Information
► Ballot Questions Tex and
Explanations - Law 2
Referred Law 2
An Act to require the use of safety belt systems in passenger vehicles.
This law would require front seat occupants of cars, vans, motor homes, or
trucks, to wear seat belts. Vehicles manufactured before September 1, 1973,
motorcycles, buses, farm tractors, and certain other vehicles, are exempted.
Drivers must require that front seat passengers under 18 wear seat belts.
Current law already requires that children under 5 be in seat belts and children
under 2 be in child safety seats.
Violation of this law is a petty offense with a $20 civil fine. Violators may
be ticketed for this offense only if the vehicle is stopped for some other
- A vote "YES" will require front seat occupants to wear seat belts.
- A vote "NO" will not require the use of seat belts.
Full Text of Referred Law 2:
Section 1. Except as provided in chapter 32-37 and section 3 of this Act,
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. For the purposes of this Act, a passenger vehicle is any
self-propelled vehicle intended primarily for use and operation on the public
highways including passenger cars, station wagons, vans, taxicabs, emergency
vehicles, motor homes, trucks, and pickups. The term does not include
motorcycles, motor scooters, motor bicycles, motorized bicycles, passenger
buses, and school buses. The term also does not include farm tractors and
implements of husbandry designed primarily or exclusively for use in
Section 3. The provisions of section 1 of this Act do not apply to:
(1) Any occupant of a passenger vehicle manufactured before September 1,
(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. Failure to comply with the provisions of this Act does not
constitute contributory negligence, comparative negligence or assumption of the
risk. Failure to comply with the provisions of this Act may not be introduced as
evidence in any criminal litigations other than a prosecution under this Act or
in any civil litigation on the issue of injuries or on the issue of mitigation
Section 5. Enforcement of this Act by state or local law enforcement agencies
shall be accomplished as a secondary action. A violation of this Act is a petty
Section 6. The effective date of section 5 of this Act is January 1, 1995.