§ 22-412.4
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/md/transportation/22-412-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§22–412.4.
(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)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.
(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.
(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.