Ch. 309

1997 LAWS OF MARYLAND

(d) If a physician licensed to practice medicine in this State determines and
certifies in writing that use of a seat belt by a person would prevent appropriate restraint
due to a person's physical disability or other medical reason, the provisions of this section
do not apply to the person.

(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.

(g) A violation of this section is net considered a moving violation for purposes of
§ 16-402 of this article.

(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.

(i) The Administration and the Department of State Police shall establish
prevention and education programs to encourage compliance with the provisions of this
section.

(j) The Administration shall include information on this State's experience with
the provisions of this section in the annual evaluation report on the State's highway safety
plan that this State submits to the National Highway Traffic Safety Administration and
the Federal Highway Administration under 23 U.S.C. § 402.

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