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Session Laws, 1987
Volume 769, Page 3542   View pdf image
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VETOES

(e) A certification under subsection (d) of this section
shall state:

(1)  The nature of the physical disability; and

(2)  The reason that restraint by a seat belt is
inappropriate.

(F) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO U.S.
POSTAL SERVICE AND CONTRACT CARRIERS WHILE DELIVERING MAIL TO
LOCAL BOX ROUTES.

[(f)] (G) A violation of this section is not considered a
moving violation for purposes of § 16-402 of this article.

[(g)] (H) (1) Failure of an individual to use a seat belt
in violation of this section may not:

(i) Be considered evidence of negligence;

(ii) Be considered evidence of contributory
negligence;

(iii) Limit liability of a party or an insurer;
or

(iv) Diminish recovery for damages arising out
of the ownership, maintenance, or operation of a motor vehicle.

(2)  Subject to the provisions of paragraph (3) of
this subsection, a party, witness, or counsel may not make
reference to a seat belt during a trial of a civil action that
involves property damage, personal injury, or death if the
damage, injury, or death is not related to the design,
manufacture, installation, supplying, or repair of a seat belt.

(3)  (i) Nothing contained in this subsection may be
construed to prohibit the right of a person to institute a civil
action for damages against a dealer, manufacturer, distributor,.
factory branch, or other appropriate entity arising out of an
incident that involves a defectively installed or defectively
operating seat belt.

(ii) In a civil action in which 2 or more
parties are named as joint tort-feasors, interpleaded as
defendants, or impleaded as defendants, and 1 of the joint
tort-feasors or defendants is not involved in the design,
manufacture, installation, supplying, or repair of a seat belt, a
court shall order separate trials to accomplish the ends of
justice on a motion of any party.

- 3542 -

 

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Session Laws, 1987
Volume 769, Page 3542   View pdf image
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