§ 22-412.4. Seat belts or restraining devices in emergency vehicles

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Seat belt" means a restraining device described under § 22-412 of this subtitle.

   (3) "Vehicle" means an emergency vehicle purchased or leased by the State, a county, municipality, or volunteer fire department or rescue squad and operated by a:

      (i) State, county, or municipal fire department;

      (ii) Volunteer fire department; or

      (iii) Rescue squad.

(b) Required. -- 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 local authority having jurisdiction for each position on the vehicle that may be lawfully occupied by a passenger.

(c) Failure to use; evidence; civil actions. --

   (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, manufacture, installation, supplying, or repair of a seat belt required under this section.

   (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.

HISTORY: 1989, ch. 435; 1990, ch. 6, § 2; 2012, ch. 66, § 6.