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Session Laws, 1989
Volume 771, Page 2908   View pdf image
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Ch. 435

LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Transportation

22-412.4.

(A)  (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)   "VEHICLE" MEANS AN EMERGENCY VEHICLE PURCHASED OR
LEASED BY THE STATE, A COUNTY, OR MUNICIPALITY, OR VOLUNTEER FIRE
DEPARTMENT OR RESCUE SQUAD AND OPERATED BY A:

(I)  A STATE, COUNTY, OR MUNICIPAL FIRE
DEPARTMENT;

(II)  VOLUNTEER FIRE DEPARTMENT; OR

(III)  RESCUE SQUAD.

(3)   "SEAT BELT" MEANS A RESTRAINING DEVICE DESCRIBED
UNDER § 22-412 OF THIS SUBTITLE.

(B)  A VEHICLE REGISTERED IN THE STATE AND MANUFACTURED AND
ASSEMBLED AFTER JANUARY 1, 1990 SHALL BE EQUIPPED WITH A SEAT
BELT OR SAFETY RESTRAINING DEVICE APPROVED BY THE ADMINISTRATION
LOCAL AUTHORITY HAVING JURISDICTION FOR EACH POSITION ON THE
VEHICLE THAT MAY BE LAWFULLY OCCUPIED BY A PASSENGER.

(C)  (1) THE FAILURE OF A PERSON TO USE A SEAT BELT OR
RESTRAINING DEVICE REQUIRED UNDER 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;

(IV)  DIMINISH RECOVERY FOR DAMAGES ARISING OUT
OF THE OWNERSHIP, MAINTENANCE, OR OPERATION OF A MOTOR VEHICLE;
OR

(V)  BE CONSIDERED A MOVING VIOLATION FOR
PURPOSES OF § 16-402 OF THIS ARTICLE.

(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,

- 2908 -

 

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Session Laws, 1989
Volume 771, Page 2908   View pdf image
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