Section 22-412.4 - Seat belts or restraining devices in emergency vehicles. - Maryland Statutes

§ 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) "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. 

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

(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. 
 

[1989, ch. 435; 1990, ch. 6, § 2.]