Car Seat Safety Tips

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Car Seat Safety 1 Car Seat Safety

Traffic accidents are always tragic. When they involve babies or children, that tragedy is compounded exponentially.

Current statistics show car accidents are a leading cause of death, spinal cord injuries and brain damage in babies and small children. Sadly, these deaths and injuries could have been prevented with the proper use of a quality baby/child car safety seat. These car seat safety tips will help you prevent injury or loss to your little ones.

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Did you know . . . Police statistics state that a sudden stop at only 30 m.p.h. has same crushing force on your child’s brain and body as a fall from a three story building!!

Everyone in the car should be properly buckled up every time. Most states have seat belt and infant/child car seat laws. As they say in Texas, "Click It Or Ticket!"


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Here are some general car seat safety guidelines (U.S. only):

  • Car Seat Safety #1 Generally, infants less than one year and less than 20 pounds must be placed in a rear facing car seat. Most infant carrier style car seats can only be used until 20 pounds.
  • Car Seat Safety #2 In many states, children must ride in the back seat until they are at least 6 years old or weigh 60 pounds (with certain exceptions).
  • Car Seat Safety #3 All rear facing car seats should be in a semi-reclining position at a 45 degree angle.
  • Car Seat Safety #4 Once your child is over one year and exceeds the 20 pound limit, use a rear facing convertible car seat. Make sure it is rated to at least 30 pounds.
  • Car Seat Safety #5The back seat is always the safest place for your infant or child.
  • Car Seat Safety #6 Children 12 years old and younger are safest in the backseat.
  • Car Seat Safety #7 Make sure that the car seat is installed tightly. It should have no more than one inch of side-to-side movement.
  • Car Seat Safety #8 A car seat with a 3 or 5 point harness is recommended by most safety experts. (5 point harness is considered the safest.)
  • Car Seat Safety #9 Do not use infant carriers, travel beds, backpacks carriers, etc. in place of a car seat.
  • Car Seat Safety #10 Purchasing a new car seat for your child is the safest option.
  • Car Seat Safety #11 If using a "pre-owned" seat, be sure the instructions come with it. Verify it was not involved in an accident.
  • Car Seat Safety #12Harness straps should be snug. You should only be able to put one finger (at the collar bone) between your baby and the strap.
  • Car Seat Safety #13After adjusting the harness, check to make sure it is secure.
  • Car Seat Safety #14 Sit your baby upright. His/her buttocks and back should be flat against the back of the seat.
  • Car Seat Safety #15 Harness straps should come out of the slots that are at or below the level of the baby’s shoulders when facing rear.
  • Car Seat Safety #16 Harness retainer clip should be secured at the level of the armpits.
  • Car Seat Safety #17 Contact your child’s health care provider for information on the low cost car seat programs serving your area.
  • Car Seat Safety #18 Never leave a child alone in a vehicle. Not even for a minute!! Heat stroke, kidnapping and car theft are not worth the risk!
  • Car Seat Safety #19 Many states in the U.S. have criminal laws regarding leaving children alone in vehicles. Don't risk it!


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Do's and Don'ts of Car Seat Safety

Car Seat Safety -- DO:

  • Car Seat Safety #20 Review the owner’s manual of your car before installing the car seat.
  • Car Seat Safety #21 Use the correct car seat for the age/height/weight of your child.
  • Car Seat Safety #22 Read your vehicle owner’s manual to learn how the seat belts lock.
  • You may need to use a locking clip.
  • Car Seat Safety #23 A LATCH may help with installation problems (but only if both the car seat and the car have this new system).
  • Car Seat Safety #24 Be sure to read all car seat installation directions and instructions.
  • Car Seat Safety #25 Use a towel to cover the metal parts of the car seat during warm/hot weather.
  • Car Seat Safety #26 Check out your state laws regarding car seat safety.
  • Car Seat Safety #27 Secure your baby snugly with harness straps. Place the cover over the baby after securing him/her in the car seat, if extra warmth is needed.
  • Car Seat Safety #28 Throw away any car seats involved in an accident. Even if there are no visible signs of damage, the shell may have been compromised.
  • Car Seat Safety #29 Some states have laws against re-using seats that have been involved in an accident.


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Car Seat Safety -- DON'T

  • Car Seat Safety #30 Never hold your baby in your lap while riding in a car, even for a short distance.
  • Car Seat Safety #31 Do not wrap your baby in blankets/heavy clothing or place extra padding in/under or around your baby before putting them in the car seat.
  • Car Seat Safety #32 Never place an infant in the front seat with a passenger side airbag. If your vehicle allows, disable the passenger side airbag while your children are in the car.
  • Car Seat Safety #33 Don't use a car seat older than 6-10 years.


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Car Seat Safety -- Other Things to Consider

In most areas of the U.S., Police Departments, hospitals and health departments have courses on car seat safety. If you have trouble installing your car seat, contact the Manufacturer.

Make the effort and take as much time as necessary to be sure your baby/children are correctly and properly protected and restrained. It's a matter of life/death.

Cherish life and buckle up!


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Check out the links below for further information about car seat safety in your state*:

ALABAMA ALASKA ARIZONA CALIFORNIA
COLORADO CONNECTICUT DELAWARE FLORIDA
GEORGIA HAWAII IDAHO ILLINOIS
INDIANA IOWA KANSAS KENTUCKY
LOUISIANA MAINE MARYLAND MASSACHUSETTS
MICHIGAN MINNESOTA MISSISSIPPI MISSOURI
MONTANA NEBRASKA NEVADA NEW HAMPSHIRE
NEW JERSEY NEW MEXICO NEW YORK N. CAROLINA
N. DAKOTA OHIO OKLAHOMA OREGON
PENNSYLVANIA RHODE ISLAND S. CAROLINA S. DAKOTA
TENNESSEE TEXAS UTAH VERMONT
VIRGINIA WASHINGTON W. VIRGINIA WISCONSIN
WYOMING

*Note: The information on this page is for reference only and is not intended as legal advice. Laws and regulations for each state may have been updated since the publishing of this page. Consult an attorney for laws regarding your specific state.


ALABAMA

Section 32-5-222

http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/32-5-222.htm

Section 32-5-222Child passenger restraints; required for children under six; penalty.(a) Every person transporting a child under the age of six years in a motor vehicle registered in this state and operated on the roadways, streets, or highways of this state, shall provide for the protection of the child by properly using a child passenger restraint system meeting applicable federal motor vehicle safety standards. Provided that, with respect to a child who is either four or five years of age, the term "child passenger restraint system meeting applicable federal motor vehicle safety standards" shall be deemed to include seat belts installed by the motor vehicle manufacturer, dealer or owner. Provided that in no event shall failure to wear a child passenger restraint system be considered as contributory negligence. Provided that the term "motor vehicle" as used in this section shall not apply to trucks or buses having tonnage rating of one ton or more.(b) No provision of this section shall be construed as creating any duty, standard of care, right, or liability between parent and child that is not recognized under the laws of the State of Alabama as they presently exist, or may, at any time in the future, be constituted by statute or decision.(c) Any person violating the provisions of this section may be fined not more than $10.00 for each offense.(d) The provisions of this section notwithstanding, nothing contained herein shall be deemed a violation of any law which would otherwise nullify or change in any way the provisions or coverage of any insurance contract.(Acts 1982, No. 82-421, p. 663; Acts 1989, No. 89-781, p.1562, §1.)

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ALASKA

Sec. 28.05.095. Use of seat belts and child safety devices required.(a) Except as provided in (c) of this section a person(1) 16 years of age or older may not occupy a motor vehicle while being driven unless restrained by a safety belt; and(2) may not operate a motor vehicle unless restrained by a safety belt.(b) Except as provided in (c) of this section, a driver may not transport a child under the age of 16 in a motor vehicle unless the driver has provided the required safety device and properly secured each child as described in this subsection. If the child is less than four years of age, the child shall be properly secured in a child safety device meeting the standards of the United States Department of Transportation for a child safety device for infants. If the child is four but not yet 16 years of age, the child shall be properly secured in a child safety device approved for a child of that age and size by the United States Department of Transportation or in a safety belt, whichever is appropriate for the particular child.(c) Subsections (a) and (b) do not apply to(1) passengers in a school bus, unless the school bus is required to be equipped with seat belts by the United States Department of Transportation, or an emergency vehicle;(2) a vehicle operator acting in the course of employment delivering mail or newspapers from inside the vehicle to roadside mail or newspaper boxes;(3) a person or class of persons exempted by regulation under AS 28.05.096; or(4) a person required to be restrained by safety belts under (a) or (b) of this section if the motor vehicle is not equipped with safety belts.(d) A person may not remove a safety belt from a vehicle solely to be exempted under (c)(4) of this section.(e) Notwithstanding any other provision of law, a peace officer may not stop or detain a motor vehicle to determine compliance with (a) of this section, or issue a citation for a violation of (a) of this section, unless the peace officer has probable cause to stop or detain the motor vehicle other than for a violation of (a) of this section.Sec. 28.05.096. Exemptions and alternative safety devices.a) The commissioner of public safety may adopt regulations to exempt a person or a class of persons from the requirements of AS 28.05.095 if the commissioner determines that the use of a safety belt or child safety device is impractical because of physical or medical conditions of the person or class of persons.(b) The commissioner of public safety shall specify alternative means of protection for children exempted under this section.

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ARIZONA

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/28/00907.htm&Title=28&DocType=ARS

28-907. Child passenger restraint system; civil penalty; exemptions; notice; child passenger restraint fund; definitionsA. Except as provided in subsection G of this section, a person shall not operate a motor vehicle on the highways in this state when transporting a child who is under five years of age unless that child is properly secured in a child passenger restraint system.B. The department shall adopt standards in accordance with 49 Code of Federal Regulations section 571.213 for the performance, design and installation of child passenger restraint systems for use in motor vehicles as prescribed in this section.C. A person who violates this section is subject to a civil penalty of fifty dollars, except that a civil penalty shall not be imposed if the person makes a sufficient showing that the motor vehicle has been subsequently equipped with a child passenger restraint system that meets the standards adopted pursuant to subsection B of this section. A sufficient showing may include a receipt mailed to the appropriate court officer that evidences purchase or acquisition of a child passenger restraint system. The court imposing and collecting the civil penalty shall deposit, pursuant to sections 35-146 and 35-147, the monies, exclusive of any assessments imposed pursuant to sections 12-116.01 and 12-116.02, in the child passenger restraint fund.D. If a law enforcement officer stops a vehicle for an apparent violation of this section, the officer shall determine from the driver whether the unrestrained child or children in the vehicle are under five years of age.E. If the information given to the officer indicates that a violation of this section has not been committed, the officer shall not detain the vehicle any further unless some additional violation is involved. The stopping of a vehicle for an apparent or actual violation of this section is not probable cause for the search or seizure of the vehicle unless there is probable cause for another violation of law.F. The requirements of this section or evidence of a violation of this section are not admissible as evidence in a judicial proceeding except in a judicial proceeding for a violation of this section.G. This section does not apply to any of the following:1. A person who operates a motor vehicle that was originally manufactured without passenger restraint devices.2. A person who operates a motor vehicle that is also a recreational vehicle as defined in section 41-2142.3. A person who operates a commercial motor vehicle and who holds a current commercial driver license issued pursuant to chapter 8 of this title.4. A person who must transport a child in an emergency to obtain necessary medical care.5. A person who transports more than one child under five years of age in a motor vehicle that because of the restricted size of the passenger area does not provide sufficient area for the required number of child passenger restraint devices, if both of the following conditions are met:(a) At least one child is restrained as required by this section.(b) The person has secured as many of the other children in child passenger restraint devices pursuant to this section as is reasonable given the restricted size of the passenger area and the number of passengers being transported in the motor vehicle.H. Before the release of any newly born child from a hospital, the hospital in conjunction with the attending physician shall provide the parents of the child with a copy of this section and information with regard to the availability of loaner or rental programs for child passenger restraint devices that may be available in the community where the child is born.I. A child passenger restraint fund is established. The fund consists of all civil penalties deposited pursuant to this section and any monies donated by the public. The department of economic security shall administer the fund.J. The department of economic security shall purchase child passenger restraint systems that meet the requirements of this section from monies deposited in the fund. If a responsible agency requests child passenger restraint systems and if they are available, the department of economic security shall distribute child passenger restraint systems to the requesting responsible agency.K. On the application of a person to a responsible agency on a finding by the responsible agency to which the application was made that the applicant is unable to acquire a child passenger restraint system because the person is indigent and subject to availability, the responsible agency shall loan the applicant a child passenger restraint system at no charge for as long as the applicant has a need to transport a child who is subject to this section.L. Monies in the child passenger restraint fund shall not exceed twenty thousand dollars. All monies collected over the twenty thousand dollar limit shall be deposited in the Arizona highway user revenue fund established by section 28-6533.M. For the purposes of this section:1. "Indigent" means a person who is defined as an eligible person pursuant to section 36-2901.01.2. "Responsible agency" means a licensed hospital, a public or private agency providing shelter services to victims of domestic violence, a public or private agency providing shelter services to homeless families or a health clinic.

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CALIFORNIA

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=veh&group=27001-28000&file=27360-27368

VEHICLE CODE SECTION 27360-27368

27360. (a) A parent or legal guardian, when present in a motorvehicle, as defined in Section 27315, may not permit his or her child or ward to be transported upon a highway in the motor vehicle without properly securing the child or ward in a rear seat in a child passenger restraint system meeting applicable federal motor vehicle safety standards, unless the child or ward is one of the following:(1) Six years of age or older.(2) Sixty pounds or more.(b) (1) A driver may not transport on a highway a child in a motor vehicle, as defined in Section 27315, without properly securing the child in a rear seat in a child passenger restraint system meeting applicable federal motor vehicle safety standards, unless the child is one of the following:(A) Six years of age or older.(B) Sixty pounds or more.(2) This subdivision does not apply to a driver if the parent orlegal guardian of the child is also present in the vehicle and is not the driver.(c) (1) For purposes of subdivisions (a) and (b), and except asprovided in paragraph (2), a child or ward under the age of six years who weighs less than 60 pounds may ride in the front seat of a motor vehicle, if properly secured in a child passenger restraint system that meets applicable federal motor vehicle safety standards, under any of the following circumstances:(A) There is no rear seat.(B) The rear seats are side-facing jump seats.(C) The rear seats are rear-facing seats.(D) The child passenger restraint system cannot be installedproperly in the rear seat.(E) All rear seats are already occupied by children under the ageof 12 years.(F) Medical reasons necessitate that the child or ward not ride in the rear seat. The court may require satisfactory proof of thechild's medical condition.(2) A child or ward may not ride in the front seat of a motorvehicle with an active passenger airbag if the child or ward is one of the following:(A) Under one year of age.(B) Less than 20 pounds.(C) Riding in a rear-facing child passenger restraint system.(d) (1) (A) A first offense under this section is punishable by afine of one hundred dollars ($100), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead, refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of a child passenger restraint system for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant toSection 1803.The court may require a defendant described under this section toattend an education program that includes demonstration of properinstallation and use of a child passenger restraint system andprovides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards.(2) A second or subsequent offense under this section ispunishable by a fine of two hundred fifty dollars ($250), no part of which may be waived by the court, except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of child passenger restraint systems for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803.The court may require a defendant described under this section toattend an education program that includes demonstration of properinstallation and use of a child passenger restraint system andprovides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards.(e) Notwithstanding any other provision of law, the finescollected for a violation of this section shall be allocated asfollows:(1) Sixty percent to health departments of local jurisdictionswhere the violation occurred, to be used for a community education program that includes, but is not limited to, demonstration of the installation of a child passenger restraint system for children of all ages and also assists an economically disadvantaged family in obtaining a restraint system through a low-cost purchase or loan.The county or city health department shall designate a coordinator to facilitate the creation of a special account and to develop a relationship with the court system to facilitate the transfer of funds to the program. The county or city may contract for the implementation of the program. Prior to obtaining possession of a child passenger restraint system pursuant to this section, a person shall attend an education program that includes demonstration of proper installation and use of a child passenger restraint system.As the proceeds from fines become available, county or city health departments shall prepare and maintain a listing of all child passenger restraint low-cost purchase or loaner programs in their counties, including a semiannual verification that all programs listed are in existence. Each county or city shall forward the listing to the Office of Traffic Safety in the Business, Transportation and Housing Agency and the courts, birthing centers, community child health and disability prevention programs, county clinics, prenatal clinics, women, infants, and children programs, and county hospitals in that county, who shall make the listing available to the public. The Office of Traffic Safety shall maintain a listing of all of the programs in the state.(2) Twenty-five percent to the county or city for theadministration of the program.(3) Fifteen percent to the city, to be deposited in its generalfund except that, if the violation occurred in an unincorporatedarea, this amount shall be allocated to the county for purposes of paragraph (1).27360.5. (a) No parent or legal guardian, when present in a motorvehicle, as defined in Section 27315, may permit his or her child or ward who is six years of age or older, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more to be transported upon a highway in the motor vehicle without properly securing the child or ward in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards.(b) No driver may transport on a highway any child who is sixyears of age or older, but less than 16 years of age, or who is less than six years of age and weighs 60 pounds or more in a motor vehicle, as defined in Section 27315, without properly securing the child in a child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards. This subdivision does not apply to a driver if the parent or legal guardian of the child is also present in the vehicle and is not the driver.(c) (1) A first offense under this section is punishable by a fine of one hundred dollars ($100), except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead, refers the defendant to a child restraint education program that includes, but is not limited to, demonstration of the proper installation and use of child passenger restraint systems for children of all ages, and provides economically disadvantaged families with a child passenger restraint low-cost purchase or loaner program. Upon completion of the program, the defendant shall provide proof of participation in the program that includes an inspection of a child passenger restraint system that meets applicable federalsafety standards. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803.The court may, at its discretion, require any defendant describedunder this section to attend an education program that includesdemonstration of proper installation and use of child passengerrestraint systems and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards.(2) A second or subsequent offense under this section ispunishable by a fine of two hundred fifty dollars ($250), no part of which may be waived by the court, except that the court may reduce or waive the fine if the defendant establishes to the satisfaction of the court that he or she is economically disadvantaged, and the court, instead refers the defendant to a community education program that includes, but is not limited to, education on the proper installation and use of child passenger restraint systems for children of all ages, and provides certification to the court of completion of that program. Upon completion of the program, the defendant shall provide proof of participation in the program. If an education program on the proper installation and use of a child passenger restraint system is not available within 50 miles of the residence of the defendant, the requirement to participate in that program shall be waived. If the fine is paid, waived, or reduced, the court shall report the conviction to the department pursuant to Section 1803.The court may at its discretion, require any defendant describedunder this section to attend an education program that includesdemonstration of proper installation and use of child passengerrestraint systems and provides certification to the court that the defendant has presented for inspection a child passenger restraint system that meets applicable federal safety standards.(d) Notwithstanding any other provision of law, the finescollected for a violation of this section shall be allocated asfollows:(1) Sixty percent to county or city health departments where theviolation occurred, to be used for an education program thatincludes, but is not limited to, the demonstration of properinstallation and use of child passenger restraint systems forchildren of all ages and provides child restraints for loan orlow-cost purchase.(2) Twenty-five percent to the county or city for theadministration of the program.(3) Fifteen percent to the city, to be deposited in its generalfund except that, if the violation occurred in an unincorporatedarea, this amount shall be allocated to the county for purposes of paragraph (1).27361. A law enforcement officer reasonably suspecting a violation of Section 27360 or 27360.5, or both of those sections, may stop a vehicle transporting a child appearing to the officer to be within the age or weight specified in Section 27360 or 27360.5. The officer may issue a notice to appear for a violation of Section 27360 or 27360.5.27362. (a) A manufacturer, wholesaler, or retailer shall not sell, offer for sale, or install in a motor vehicle, a child passenger restraint system that does not conform to all applicable federal motor vehicle safety standards on the date of manufacture.Responsibility for compliance with this section shall rest with the individual selling the system, offering the system for sale, or installing the system. A person who violates this section is guilty of a misdemeanor and shall be punished as follows:(1) Upon a first conviction, by a fine not exceeding four hundreddollars ($400), or by imprisonment in the county jail for a period of not more than 90 days, or both.(2) Upon a second or subsequent conviction, by a fine notexceeding one thousand dollars ($1,000), or by imprisonment in the county jail for a period of not more than 180 days, or both.(b) The fines collected for a violation of this section shall beallocated as follows:(1) (A) Sixty percent to the county or city health departmentwhere the violation occurred, to be used for a child passengerrestraint low-cost purchase or loaner program which shall include, but not be limited to, education on the proper installation and use of a child passenger restraint system. The county health department shall designate a coordinator to facilitate the creation of a special account and to develop a relationship with the superior court to facilitate the transfer of funds to the program. The county may contract for the implementation of the program. Prior to obtaining possession of a child passenger restraint system pursuant to this section, a person shall receive information relating to the importance of utilizing that system.As the proceeds from fines become available, county healthdepartments shall prepare and maintain a listing of all childpassenger restraint low-cost purchase or loaner programs in theircounties, including a semiannual verification that all programslisted are in existence. Each county shall forward the listing tothe Office of Traffic Safety in the Business, Transportation andHousing Agency and the courts, birthing centers, community childhealth and disability prevention programs, and county hospitals in that county, who shall make the listing available to the public. The Office of Traffic Safety shall maintain a listing of all of the programs in the state.(2) Twenty-five percent to the county for the administration ofthe program.(3) Fifteen percent to the city, to be deposited in its generalfund except that, if the violation occurred in an unincorporatedarea, this amount shall be allocated to the county for purposes of paragraph (1).27362.1. (a) No individual may sell or offer for sale a childpassenger restraint system that was in use by a child during anaccident involving a motor vehicle.(b) A violation of this section shall be punished by a fine of one hundred dollars ($100).27363. (a) The court may exempt from the requirements of thisarticle any class of child by age, weight, or size if it isdetermined that the use of a child passenger restraint system would be impractical by reason of physical unfitness, medical condition, or size. The court may require satisfactory proof of the child's physical unfitness, medical condition, or size and that an appropriate special needs child passenger restraint system is not available.(b) In case of a life-threatening emergency, or when a child isbeing transported in an authorized emergency vehicle, if there is no child passenger restraint system available, a child may betransported without the use of that system, but the child shall be secured by a seatbelt.(c) A child weighing more than 40 pounds may be transported in the backseat of a vehicle while wearing only a lap safety belt when the backseat of the vehicle is not equipped with a combination lap and shoulder safety belt.(d) This section shall become operative on January 1, 2002.27363.5. (a) Every public or private hospital, clinic, or birthing center, shall, at the time of the discharge of a child provide and discuss information on the current law requiring child passenger restraint systems to the parents or the person to whom the child is released when at least one of the following conditions is met:(1) The child is less than six years of age.(2) The child weighs less than 60 pounds.(b) A public or private hospital, clinic, or birthing center shall not be responsible for the failure of the parent or person to whom the child is released to use a child passenger restraint system.(c) This section shall become operative on January 1, 2002.27364. (a) It is the intent of the Legislature, in enacting thisarticle, to insure that children, who are, because of their tender years, helpless dependent passengers, are provided with the safest transportation possible.(b) It is the further intent of the Legislature to stress andcommunicate to all drivers in this state the importance of usingchild passenger restraint systems.(c) Nothing in this article shall be construed to extendapplication of these provisions to a class of children other than the class of children herein specified.27365. (a) (1) Every car rental agency in California shall informeach of its customers of Section 27360 by posting, in a placeconspicuous to the public in each established place of business of the agency, a notice not smaller than 15 by 20 inches which states the following: "CALIFORNIA LAW REQUIRES ALL CHILDREN UNDER 6 YEARS OF AGE WHO WEIGH LESS THAN 60 POUNDS TO BE TRANSPORTED IN THE BACK SEAT OF THE VEHICLE IN A CHILD RESTRAINT SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL A CHILD RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM YOURSELF."(2) The posted notice specified in paragraph (1) is not requiredif the car rental agency's place of business is located in a hotel that has a business policy prohibiting the posting of signs or notices in any area of the hotel. In that case, a car rental agency shall furnish a written notice to each customer that contains the same information as required for the posted notice.(b) Every car rental agency in California shall have availablefor, and shall, upon request, provide for rental to, adults traveling with children under six years of age, child passenger restraint systems that are certified by the manufacturer to meet applicable federal motor vehicle safety standards for use by children weighing 60 pounds or less, are in good and safe condition, with no missing original parts, and are not older than five years.(c) A violation of this section is an infraction punishable by afine of one hundred dollars ($100).27366. (a) The department shall do the following:(1) Prepare and disseminate materials for the purpose of educating the public about the importance of using passenger restraints for infants and children under 15 years of age. These materials shall include, but are not limited to, audiovisual aids and written materials that explain the effects of motor vehicle accidents on infants and children and the reduction in risk of injury or death as a result of the utilization of passenger restraints for infants and children.(2) As funding is available, produce and administer a billboardcampaign stressing the importance of utilizing child passengerrestraint systems and instructing the public on where to obtain those systems.(b) The department, the Office of Traffic Safety, and the StateDepartment of Health Services shall meet annually to coordinate,share information about, and outline the programs that eachorganization is pursuing in the area of child passenger restraintsystems.27368. This article applies to child passengers in a fully enclosed three-wheeled motor vehicle that is not less than seven feet in length and not less than four feet in width, and has an unladen weight of 900 pounds or more.

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COLORADO

http://198.187.128.12/colorado/lpext.dll/Infobase4/60df5/61dfb/61dfd/62054/622cf?fn=document-frame.htm&f=templates42-4-236. Child restraint systems required - definitions - exemptions.

Statute text

(1) As used in this section, unless the context otherwise requires:(a) "Child care center" means a facility required to be licensed under the "Child Care Licensing Act", article 6 of title 26, C.R.S.(a.3) "Child booster seat" means a child passenger restraint system that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended, that is designed to elevate a child to properly sit in a federally approved safety belt system.(a.5) "Child restraint system" means a specially designed seating system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system, and that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended.(a.7) "Child safety belt-positioning device" means a device that positions a safety belt around a child in a manner that safely restrains such child in a seating position that conforms to all applicable federal motor vehicle safety standards.(b) "Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt that is physically a part of a child restraint system. "Safety belt" includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts.(c) "Seating position" means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion.(2) (a) Unless exempted pursuant to subsection (3) of this section, every child, who is under four years of age and weighs under forty pounds, being transported in this state in a privately owned noncommercial passenger vehicle or in a vehicle operated by a child care center, shall be provided with one of the following child restraint systems suitable for the child's size and shall be properly fastened into such child restraint system which is in a seating position which is equipped with a safety belt or other means to secure the system according to the manufacturer's instructions:(I) If the child is less than one year of age and weighs less than twenty pounds, the child shall be properly restrained in a rear-facing child restraint system.(II) If the child is one year of age or older, but less than four years of age, and weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a forward-facing child restraint system.(b) Unless excepted pursuant to subsection (3) of this section, every child, who is at least four years of age or weighs forty pounds or more, being transported in this state in a privately owned noncommercial vehicle or in a vehicle operated by a child care center, shall be properly secured by one of the following safety devices approved for a child of such age or weight by the United States department of transportation, or in a safety belt, whichever is appropriate for the child:(I) Except as otherwise provided in subparagraph (I.5) of this paragraph (b), if the child is at least four years of age but less than six years of age and is less than fifty-five inches tall, the child shall be properly restrained in a child booster seat or with a child safety belt-positioning device.(I.5) If the child is at least four years of age but less than six years of age and is less than fifty-five inches tall, and if the child is being transported in a vehicle equipped with only a two-point-lap-belt-only system available for the child, the child shall be properly restrained with a lap belt.(II) If the child is six years of age or older or is fifty-five inches tall or more, the child shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body.(c) It is the responsibility of the driver transporting children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system.(3) Except as provided in section 42-2-105.5 (4), the requirements of subsection (2) of this section shall not apply to a child who:(a) Repealed.(b) Is being transported in a motor vehicle as a result of a medical emergency;(c) Is being transported in a commercial motor vehicle, as defined in section 42-2-402 (4) (a), that is operated by a child care center; or(d) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 42-4-237.(4) The division of highway safety shall implement a program for public information and education concerning the use of child restraint systems and the provisions of this section.(5) No person shall use a safety belt or child restraint system, whichever is applicable under the provisions of this section, for children under sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards.(6) Any violation of this section shall not constitute negligence per se or contributory negligence per se.(7) Any person who violates any provision of this section commits a class B traffic infraction.(8) The fine may be waived if the driver presents the court with satisfactory evidence of the acquisition, purchase, or rental of an approved child restraint system by the time of the court appearance.(9) No driver in a motor vehicle shall be cited for a violation of subparagraph (I) of paragraph (b) of subsection (2) of this section unless such driver was stopped by a law enforcement officer for an alleged violation of articles 1 to 4 of this title other than a violation of this section or section 42-4-237.(10) For one year following August 1, 2003, a law enforcement officer who stops a driver of a motor vehicle with an occupant of the vehicle in violation of subparagraph (I) of paragraph (b) of subsection (2) of this section shall warn such driver that such violation is a class B traffic infraction and shall not cite such driver for such violation.

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CONNECTICUT

Department of TransportationChild Safety SeatsSection 14-100a.

http://www.cga.ct.gov/2005/pub/Chap246.htm#Sec14-100a.htm

Sec. 14-100a. Seat safety belts. Child restraint systems. (a) No new passenger motor vehicle may be sold or registered in this state unless equipped with at least two sets of seat safety belts for the front and rear seats of the motor vehicle, which belts comply with the requirements of subsection (b) of this section. The anchorage unit at the attachment point shall be of such construction, design and strength as to support a loop load strength of not less than four thousand pounds for each belt.

(b) No seat safety belt may be sold for use in connection with the operation of a motor vehicle on any highway of this state unless it is so constructed and installed as to have a loop strength through the complete attachment of not less than four thousand pounds, and the buckle or closing device shall be of such construction and design that after it has received the aforesaid loop belt load it can be released with one hand with a pull of less than forty-five pounds.

(c) (1) The operator of and any front seat passenger in a motor vehicle with a gross vehicle weight rating not exceeding ten thousand pounds or fire fighting apparatus originally equipped with seat safety belts complying with the provisions of the Code of Federal Regulations, Title 49, Section 571.209, as amended from time to time, shall wear such seat safety belt while the vehicle is being operated on the highways of this state, except that a child under the age of four years shall be restrained as provided in subsection (d) of this section. Each operator of such vehicle shall secure or cause to be secured in a seat safety belt any passenger four years of age or older and under sixteen years of age.

(2) The provisions of subdivision (1) of this subsection shall not apply to (A) any person whose physical disability or impairment would prevent restraint in such safety belt, provided such person obtains a written statement from a licensed physician containing reasons for such person's inability to wear such safety belt and including information concerning the nature and extent of such condition. Such person shall carry the statement on his or her person or in the motor vehicle at all times when it is being operated, or (B) an authorized emergency vehicle, other than fire fighting apparatus, responding to an emergency call or a motor vehicle operated by a rural letter carrier of the United States postal service while performing his or her official duties or by a person engaged in the delivery of newspapers.

(3) Failure to wear a seat safety belt shall not be considered as contributory negligence nor shall such failure be admissible evidence in any civil action.

(4) On and after February 1, 1986, any person who violates the provisions of this subsection shall have committed an infraction and shall be fined fifteen dollars. Points may not be assessed against the operator's license of any person convicted of such violation.

(d) Any person who transports a child under the age of four years, weighing less than forty pounds, in a motor vehicle on the highways of this state shall provide and require the child to use a child restraint system approved pursuant to regulations adopted by the Department of Motor Vehicles in accordance with the provisions of chapter 54. Any person who transports a child under the age of four years, weighing forty or more pounds, in a motor vehicle on the highways of this state shall either provide and require the child to use an approved child restraint system or require the child to use a seat safety belt. As used in this subsection, "motor vehicle" does not mean a bus having a tonnage rating of one ton or more. Failure to use a child restraint system shall not be considered as contributory negligence nor shall such failure be admissible evidence in any civil action. Any person who violates the provisions of this subsection shall, for a first violation, have committed an infraction; for a second violation, be fined not more than one hundred ninety-nine dollars; and, for a third or subsequent violation, be guilty of a class A misdemeanor. The commissioner shall require any person who has committed a first or second violation of the provisions of this subsection to attend a child car seat safety course offered or approved by the Department of Motor Vehicles. The commissioner may, after notice and an opportunity for a hearing, suspend for a period of not more than two months the motor vehicle operator's license of any person who fails to attend or successfully complete the course.

(e) The commissioner shall administer the provisions of this section.

2005 Update - Use Of Child Restraint Systems

This act (1) with one exception for children being transported in student transportation vehicles, extends child restraint system use requirements from children under age four weighing less than 40 pounds to children under age seven or who weigh less than 60 pounds, regardless of age; (2) requires any child under age one or weighing less than 20 pounds to be transported in a rear-facing position in his child restraint system; and (3) requires children restrained in booster seats to be anchored by a seat belt that includes a shoulder belt. Children transported in student transportation vehicles remain under the law’s prior requirements.

The act also requires that children be restrained in booster seats only when the restraining seat belt includes a shoulder belt and meets other applicable statutory requirements on belt strength and latch release. Use of a lap belt only is prohibited.

Under the act, violators of the rear-facing positioning requirement for infants and the booster seat anchorage requirements are subject to the following penalties: an infraction for a first offense; a fine of up to $ 199 for a second offense; and a fine of up to $ 2,000, imprisonment for up to one year, or both (Class A misdemeanor) for a third or subsequent offense. Mandatory attendance at an approved child car seat safety course is required following a first or second violation of any of the child restraint requirements.

(PA 05-58, effective October 1, 2005)9/05

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DELAWARE

http://www.delcode.state.de.us/title21/c048/index.htm#TopOfPage§ 4803. Child restraint in motor vehicles.(a) Every person shall be responsible, when transporting a child through the age of 6 and weighing less than 60 lbs. in a motor vehicle operated on the roadways, streets or highways of this State, for providing protection of the child by properly securing the child in all seating positions, according to manufacturer's instruction, in a child safety seat or booster seat meeting federal motor vehicle safety standards, and that is appropriate for the child's weight and height. Every child who has either attained the age of 7 or a weight of 60 lbs. and has not yet attained the age of 16 shall, in all seating positions, wear a properly secured seatbelt while in a motor vehicle operated on the roadways, streets or highways of this State. The duty imposed by this subsection shall not apply to any operator or passenger of a motor bus, limousine or taxicab as defined in § 1801 of Title 2.(b)(1) No child who is 65 inches or less in height and who is under 12 years of age shall occupy the front passenger seat of any vehicle equipped with a passenger-side airbag that has not been deliberately rendered inoperable in conformity with federal law. This subsection shall not apply to vehicles equipped with a passenger-side airbag specifically designed or modified by the vehicle's manufacturer for use by children and small adults.(2) It shall not be a violation of this section for a child 65 inches or less in height and under 12 years of age to occupy the front passenger seat of a vehicle equipped with a passenger-side airbag that has not been deliberately rendered inoperable in conformity with federal law if such vehicle does not have a rear passenger seat or if all rear passenger seats are occupied by other children 65 inches or less in height and under 12 years of age. A violation of this subsection shall be considered a secondary offense, and no motor vehicle shall be stopped by a police officer solely for failure to comply with this section.(c) A violation of this section shall be an offense punishable by a fine of $25 for each violation. The failure to provide a child restraint system or seat belt for more than 1 child in the same vehicle at the same time, as required by this section, shall not be treated as a separate offense.(d) A violation of this section shall not be considered as evidence of either comparative or contributory negligence in any civil suit or of criminal negligence or recklessness in any criminal action arising out of any motor vehicle accident in which a child under 16 is injured, nor shall failure to wear a child passenger restraint system or seat belt in violation of this section be admissible as evidence in the trial of any civil action.(e) Following May 9, 2002, and prior to January 1, 2003, the Department of Safety and Homeland Security shall implement an awareness campaign to educate motorists about the components of the law and to encourage the public to correctly and consistently uses child safety seats, booster seats and seatbelts. (63 Del. Laws, c. 251, § 1; 66 Del. Laws, c. 409, §§ 1, 2; 68 Del. Laws, c. 9, § 38; 68 Del. Laws, c. 34, § 2; 69 Del. Laws, c. 418, §§ 1-8; 71 Del. Laws, c. 480, § 1; 73 Del. Laws, c. 254, §§ 1-3; 74 Del. Laws, c. 110, § 138; 74 Del. Laws, c. 129, § 1; 74 Del. Laws, c. 277, §§ 8, 9; 74 Del. Laws, c. 316, §§ 1, 2.)

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FLORIDA

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC613.HTM&Title=->2004->Ch0316->Section%20613#0316.613316.613 Child restraint requirements.-- (1)(a) Every operator of a motor vehicle as defined herein, while transporting a child in a motor vehicle operated on the roadways, streets, or highways of this state, shall, if the child is 5 years of age or younger, provide for protection of the child by properly using a crash-tested, federally approved child restraint device. For children aged through 3 years, such restraint device must be a separate carrier or a vehicle manufacturer's integrated child seat. For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a seat belt may be used. (b) The Division of Motor Vehicles shall provide notice of the requirement for child restraint devices, which notice shall accompany the delivery of each motor vehicle license tag. (2) As used in this section, the term "motor vehicle" means a motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and highways of the state. The term does not include: (a) A school bus as defined in s. 316.003(45). (b) A bus used for the transportation of persons for compensation, other than a bus regularly used to transport children to or from school, as defined in s. 316.615(1)(b), or in conjunction with school activities. (c) A farm tractor or implement of husbandry. (d) A truck of net weight of more than 5,000 pounds. (e) A motorcycle, moped, or bicycle. (3) The failure to provide and use a child passenger restraint shall not be considered comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence. (4)(a) It is the legislative intent that all state, county, and local law enforcement agencies, and safety councils, in recognition of the problems with child death and injury from unrestrained occupancy in motor vehicles, conduct a continuing safety and public awareness campaign as to the magnitude of the problem. (b) The department may authorize the expenditure of funds for the purchase of promotional items as part of the public information and education campaigns provided for in this subsection and ss. 316.614, 322.025, and 403.7145. (5) Any person who violates the provisions of this section commits a moving violation, punishable as provided in chapter 318 and shall have 3 points assessed against his or her driver's license as set forth in s. 322.27. In lieu of the penalty specified in s. 318.18 and the assessment of points, a person who violates the provisions of this section may elect, with the court's approval, to participate in a child restraint safety program approved by the chief judge of the circuit in which the violation occurs, and upon completing such program, the penalty specified in chapter 318 and associated costs may be waived at the court's discretion and the assessment of points shall be waived. The child restraint safety program must use a course approved by the Department of Highway Safety and Motor Vehicles, and the fee for the course must bear a reasonable relationship to the cost of providing the course.

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GEORGIA

http://www.legis.state.ga.us/legis/GaCode/Title40.pdf

40-8-76.(a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two setsof safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.(b)(1) Every driver who transports a child under six years of age in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, whilesuch motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the proper restraint of such child in a child passenger restraining systemappropriate for such child's height and weight and approved by the United States Department of Transportation under provisions of Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983, or at the time of manufacture, subject to the followingspecific requirements and exceptions:(A) Any such child weighing at least 40 pounds may be secured by a lap belt when:(i) The vehicle is not equipped with both lap and shoulder belts; or (ii) Not including the driver's seat, the vehicle is equipped with one or more lap and shoulder belts that are all being used to properly restrain other children;(B) Any such child shall be properly restrained in a rear seat of the motor vehicle consistent with the requirements of this paragraph. If the vehicle has no rear seating position appropriate for correctly restraining a child or all appropriate rear seating positions are occupied by other children, any such child may be properly restrained in a front seat consistent with the requirements of this paragraph;(C) A driver shall not be deemed to be complying with the provisions of this paragraph unless any child passenger restraining system required by this paragraph is installed andbeing used in accordance with the manufacturer's directions for such system; and(D) The provisions of this paragraph shall not apply when the child's parent or guardian either obtains a physician's written statement that a physical or medical condition of the child prevents placing or restraining him or her in the manner requiredby this paragraph. If the parent or guardian can show the child's height is over 4 feet and 9 inches, such child shall be restrained in a safety belt as required in Code Section40-8-76.1.(2) Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00, except in the case of a child who is five years of age, if the defendant shows to the court having jurisdiction of the case that a child passenger restraining system meeting the applicable requirements of this subsection has been purchased by him or her after the time of the offense and prior to the courtappearance, the court may waive or suspend the fine for such first conviction. This exception shall apply until January 1, 2005. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $100.00. No court shall impose any additional fees or surcharges to a fine for such a violation. The court imposing a fine for any violation of this Code section shall forward a record of the disposition of the cases annually to the Department of Public Safety for the sole purpose of data collection on a county by county basis.(c) Violation of this Code section shall not constitute negligence per se nor contributory negligence per se. Violation of subsection (b) of this Code section shall not be the basis forcancellation of coverage or increase in insurance rates.(d) The provisions of this Code section shall not apply to buses, as defined in paragraph (7) of Code Section 40-1-1, used in the transport of children over four years of age until July 1, 2007, provided that the bus is operated by a licensed or commissioned child care facility, has a current annual transportation safety inspection certificate as required by the appropriate licensing body, and has evidence of being inspected for use by a child carefacility. If the bus is not a school bus, as defined in paragraph (55) of Code Section 40-1-1, or a multifunction school activities bus, as defined in 49 C.F.R. 571.3(B), each child over four years of age and under six years of age shall be properly restrained by a safety belt.Multifunction school activities buses, as defined in 49 C.F.R. 571.3(B), shall not be required to transport children five years of age in a child passenger restraining system.

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HAWAII

http://www.capitol.hawaii.gov/hrscurrent/vol05_ch0261-0319/hrs0291/hrs_0291-0011_0005.htm

§291-11.5 Child passenger restraints. (a) Except as otherwise provided in this section, no person operating a motor vehicle on a public highway in the State shall transport a child under four years of age unless the person operating the motor vehicle ensures that the child is properly restrained in a child passenger restraint system approved by the United States Department of Transportation at the time of its manufacture.(b) Operators of the following motor vehicles shall be exempt from the requirements of this section: emergency, commercial, and mass transit vehicles. Further exemptions from this section may be established by the department of transportation pursuant to rules adopted under chapter 91.(c) This section shall not apply if the number of persons in a vehicle exceeds the greater of the following:(1) The number of seat belt assemblies available in the vehicle; or(2) The number of seat belt assemblies originally installed in the vehicle;provided that all available seat belt assemblies are being used to restrain a passenger, and those children not restrained by an approved child passenger restraint system or a seat belt assembly are in the back seat of the motor vehicle.(d) In no event shall failure of a child under the age of four years to be restrained or failure to restrain such a child in a child passenger restraint system or a seat belt assembly be considered as contributory negligence, comparative negligence, or negligence per se.(e) Violation of this section shall be considered an offense as defined under section 701-107(5) and shall subject the violator to the following penalties:(1) For a first conviction, the person shall:(A) Be fined not more than $100;(B) Be required by the court to attend a child passenger restraint system safety class conducted by the division of driver education; provided that:(i) The class may include video conferences as determined by the administrator of the division of driver education as an alternative method of education; and(ii) The class shall not exceed four hours;(C) Pay a $50 driver education assessment as provided in section 286G-3; and(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund;(2) For a conviction of a second offense, the person shall:(A) Be fined not more than $200;(B) Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;(C) Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education;(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund; and(3) For a conviction of a third or subsequent offense, the person shall:(A) Be fined not more than $500;(B) Be required by the court to attend a child passenger restraint system safety class not to exceed four hours in length conducted by the division of driver education if the person has not previously attended such a class;(C) Pay a $50 driver education assessment as provided in section 286G-3 if the person has not previously attended a child passenger restraint system safety class conducted by the division of driver education; and(D) Pay a $10 surcharge to be deposited into the neurotrauma special fund.(f) As used in this section, "emergency vehicle", "mass transit vehicle", and "seat belt assembly" shall have the same meaning as provided in section 291-11.6.As used in this section, "commercial vehicle" shall be defined as any motor vehicle that is being used for the transportation of persons for hire, compensation, or profit. [L 1983, c 282, §1; am L 1989, c 30, §1; am L 1998, c 81, §3; am L 1999, c 18, §4 and c 56, §2; am L 2002, c 160, §5]

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IDAHO

http://www3.state.id.us/cgi-bin/newidst?sctid=490060072.K

TITLE 49MOTOR VEHICLESCHAPTER 6RULES OF THE ROAD49-672. PASSENGER SAFETY FOR CHILDREN. (1) No noncommercial motor vehicle operator shall transport a child who is six (6) years of age or younger in a motor vehicle manufactured with seat belts after January 1, 1966, unless the child is properly secured in a child safety restraint that meets the requirements of federal motor vehicle safety standard no. 213.(2) The provisions of this section shall not apply:(a) If all of the motor vehicle's seat belts are in use, but in such an event any unrestrained child to which this section applies shall be placed in the rear seat of the motor vehicle, if it is so equipped; or(b) When the child is removed from the car safety restraint and held by the attendant for the purpose of nursing the child or attending the child's other immediate physiological needs.(3) The failure to use a child safety restraint shall not be considered under any circumstances as evidence of contributory negligence, nor shall such failure be admissible as evidence in any civil action with regard to negligence.

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ILLINOIS

VEHICLES(625 ILCS 25/) Child Passenger Protection Act.

(625 ILCS 25/1) (from Ch. 95 1/2, par. 1101) Sec. 1. Title and citation. This Act shall be known and may be cited as the "Child Passenger Protection Act". (Source: P.A. 83-8.)

(625 ILCS 25/2) (from Ch. 95 1/2, par. 1102) Sec. 2. Legislative Finding - Purpose. The General Assembly finds that a substantial number of passengers under the age of 8 years riding in motor vehicles, which are most frequently operated by a parent, annually die or sustain serious physical injury as a direct result of not being placed in an appropriate child passenger restraint system. Motor vehicle crashes are the leading cause of death for children of every age from 4 to 14 years old. The General Assembly further finds that the safety of the motoring public is seriously threatened as indicated by the significant number of traffic accidents annually caused, directly or indirectly, by driver distraction or other impairment of driving ability induced by the movement or actions of unrestrained passengers under the age of 8 years. It is the purpose of this Act to further protect the health, safety and welfare of motor vehicle passengers under the age of 8 years and the motoring public through the proper utilization of approved child restraint systems. (Source: P.A. 93-100, eff. 1-1-04.)

(625 ILCS 25/3) (from Ch. 95 1/2, par. 1103) Sec. 3. Definitions. The terms "highway", "motor vehicle", "owner", "police officer", "recreational vehicle", "roadway" and "street" as used in this Act, unless the context otherwise requires, have the meaning ascribed to them in The Illinois Vehicle Code, as now or hereafter amended. For the purpose of this Act, "motor vehicle" does not include motorcycles. (Source: P.A. 83-8.)

(625 ILCS 25/4) (from Ch. 95 1/2, par. 1104) Sec. 4. When any person is transporting a child in this State under the age of 8 years in a non-commercial motor vehicle of the first division, a motor vehicle of the second division with a gross vehicle weight rating of 9,000 pounds or less, or a recreational vehicle on the roadways, streets or highways of this State, such person shall be responsible for providing for the protection of such child by properly securing him or her in an appropriate child restraint system. The parent or legal guardian of a child under the age of 8 years shall provide a child restraint system to any person who transports his or her child. Any person who transports the child of another shall not be in violation of this Section unless a child restraint system was provided by the parent or legal guardian but not used to transport the child. For purposes of this Section and Section 4b, "child restraint system" means any device which meets the standards of the United States Department of Transportation designed to restrain, seat or position children, which also includes a booster seat. A child weighing more than 40 pounds may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt. (Source: P.A. 93-100, eff. 1-1-04.)

(625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a) Sec. 4a. Every person, when transporting a child 8 years of age or older but under the age of 16, as provided in Section 4 of this Act, shall be responsible for properly securing that child in seat belts. (Source: P.A. 92-171, eff. 1-1-02; 93-100, eff. 1-1-04.)

(625 ILCS 25/4b) Sec. 4b. Children 8 years of age or older but under the age of 19; seat belts. Every person under the age of 18 years, when transporting a child 8 years of age or older but under the age of 19 years, as provided in Section 4 of this Act, shall be responsible for securing that child in a properly adjusted and fastened seat safety belt or an appropriate child restraint system. (Source: P.A. 93-100, eff. 1-1-04; 94-241, eff. 1-1-06.)

(625 ILCS 25/5) (from Ch. 95 1/2, par. 1105) Sec. 5. In no event shall a person's failure to secure a child under 8 years of age in an approved child restraint system constitute contributory negligence or be admissible as evidence in the trial of any civil action. (Source: P.A. 93-100, eff. 1-1-04.)

(625 ILCS 25/6) (from Ch. 95 1/2, par. 1106) Sec. 6. A violation of this Act is a petty offense punishable by a fine of not more than $50 waived upon proof of possession of an approved child restraint system as defined under this Act. A subsequent violation of this Act is a petty offense punishable by a fine of not more than $100. (Source: P.A. 92-173, eff. 1-1-02.)

(625 ILCS 25/7) (from Ch. 95 1/2, par. 1107) Sec. 7. Arrests - Prosecutions. The State Police shall patrol the public highways and make arrests for a violation of this Act. Police officers shall make arrests for violations of this Act occurring upon the highway within the limits of a county, city, village, or unincorporated town or park district. The State's Attorney of the county in which the violation of this Act occurs shall prosecute all violations except when the violation occurs within the corporate limits of a municipality, the municipal attorney may prosecute if written permission to do so is obtained from the State's Attorney. The provisions of this Act shall not apply to a child passenger with a physical disability of such a nature as to prevent appropriate restraint in a seat, provided that the disability is duly certified by a physician who shall state the nature of the disability, as well as the reason the restraint is inappropriate. No physician shall be liable, and no cause of action may be brought for personal injuries resulting from the exercise of good faith judgment in making certifications under this provision. (Source: P.A. 88-685, eff. 1-24-95.)

(625 ILCS 25/8) (from Ch. 95 1/2, par. 1108) Sec. 8. The "Child Passenger Restraint Act", enacted by the 82nd General Assembly, is repealed. (Source: P.A. 83-8.)

(625 ILCS 25/9) (from Ch. 95 1/2, par. 1109) Sec. 9. This Act takes effect July 1, 1983. (Source: P.A. 83-8.)

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INDIANA

http://www.in.gov/legislative/ic/code/title9/ar19/ch11.html

Information Maintained by the Office of Code Revision Indiana Legislative Services Agency09/11/2005 11:25:14 AM ESTIC 9-19-11Chapter 11. Passenger Restraint Systems for ChildrenIC 9-19-11-1Application of chapterSec. 1. This chapter does not apply to a person who operates any of the following vehicles:(1) A school bus.(2) A taxicab.(3) An ambulance.(4) A public passenger bus.(5) A motor vehicle having a seating capacity greater than nine (9) individuals that is owned or leased and operated by a religious or not-for-profit youth organization.(6) An antique motor vehicle.(7) A motorcycle.(8) A motor vehicle that is owned or leased by a governmental unit and is being used in the performance of official law enforcement duties.(9) A motor vehicle that is being used in an emergency.As added by P.L.2-1991, SEC.7. Amended by P.L.67-2004, SEC.3.IC 9-19-11-2Child less than eight years of age; child restraint system; penalty; child restraint system accountSec. 2. (a) A person who:(1) holds an Indiana driver's license; and(2) operates a motor vehicle in which there is a child less than eight (8) years of age who is not properly fastened and restrained according to the child restraint system manufacturer's instructions by a child restraint system;commits a Class D infraction, unless it is reasonably determined that the child will not fit in a child restraint system.(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations under this section shall be deposited in the child restraint system account established by section 9 of this chapter.As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.4; P.L.116-1998, SEC.4; P.L.67-2004, SEC.4; P.L.2-2005, SEC.33.IC 9-19-11-3Child less than eight years of age; child does not fit in child restraint system; Indiana driverSec. 3. (a) A person who holds an Indiana driver's license and operates a motor vehicle in which there is a child commits a Class D infraction if:(1) the child is less than eight (8) years of age and it is reasonably determined that the child will not fit in a child restraint system; and(2) the child is not properly fastened and restrained according to the child restraint system manufacturer's instructions by a:(A) child restraint system; or(B) safety belt.(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations under this section shall be deposited in the child restraint system account established by section 9 of this chapter.As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.5; P.L.116-1998, SEC.5; P.L.67-2004, SEC.5.IC 9-19-11-3.3Child less than 16 years of age; child restraint system or safety belt; non-Indiana driverSec. 3.3. (a) This section does not apply to a person who holds an Indiana driver's license.(b) A person who operates a motor vehicle in which there is a child less than sixteen (16) years of age who is not properly fastened and restrained according to the child restraint system manufacturer's instructions by a:(1) child restraint system; or(2) safety belt;commits a Class D infraction.(c) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations under this section shall be deposited in the child restraint system account established by section 9 of this chapter.As added by P.L.67-2004, SEC.6.IC 9-19-11-3.6Safety belt standards; child between eight and 16 years of age; child restraint system or safety beltSec. 3.6. (a) A person who operates a motor vehicle in which there is a child and that is equipped with a safety belt meeting the standards stated in the Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208) commits a Class D infraction if:(1) the child is at least eight (8) years of age but less than sixteen (16) years of age; and(2) the child is not properly fastened and restrained according to the child restraint system manufacturer's instructions by a:(A) child restraint system; or(B) safety belt.(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations under this section shall be deposited in the child restraint system account established by section 9 of this chapter.As added by P.L.67-2004, SEC.7.IC 9-19-11-3.7Exception; child over 40 pounds; lap safety beltSec. 3.7. Notwithstanding sections 2, 3, 3.3, and 3.6 of this chapter, a person may operate a motor vehicle in which there is a child who weighs more than forty (40) pounds and who is properly restrained and fastened by a lap safety belt if:(1) the motor vehicle is not equipped with lap and shoulder safety belts; or(2) not including the operator's seat and the front passenger seat:(A) the motor vehicle is equipped with one (1) or more lap and shoulder safety belts; and(B) all the lap and shoulder safety belts are being used to properly restrain other children who are less than sixteen (16) years of age.As added by P.L.67-2004, SEC.8.IC 9-19-11-4Designation of violations as being within authority of violations clerkSec. 4. Notwithstanding IC 34-28-5-9(1), a court may not designate violations of this chapter as being within the authority of the violations clerk.As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.96.IC 9-19-11-5Enforcement proceedings; acquisition by violator of restraint system; costs; money judgmentsSec. 5. If at a proceeding to enforce section 2 of this chapter the court finds that the person:(1) has violated this chapter; and(2) possesses or has acquired a child restraint system;the court shall enter judgment against the person. However, notwithstanding IC 34-28-5-4, the person is not liable for any costs or monetary judgment if the person has no previous judgments of violation of this chapter against the person.As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.97; P.L.67-2004, SEC.9.IC 9-19-11-6Enforcement proceedings; absence of possession by violator of restraint system; costs; money judgmentsSec. 6. (a) If at a proceeding to enforce section 2 of this chapter the court finds that the person:(1) has violated this chapter; and(2) does not possess or has not acquired a child restraint system;the court shall enter judgment against the person and shall order the person to provide proof of possession or acquisition within thirty (30) days.(b) Notwithstanding IC 34-28-5-4, if the person:(1) complies with a court order under this section; and(2) has no previous judgments of violation of this chapter against the person;the person is not liable for any costs or a monetary judgment.

As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.98; P.L.67-2004, SEC.10.IC 9-19-11-7Forwarding to bureau of motor vehicles certified abstract of record of judgmentSec. 7. A court shall forward to the bureau of motor vehicles a certified abstract of the record of judgment of any person in the court for a violation of this chapter in the manner provided by IC 9-25-6.As added by P.L.2-1991, SEC.7.IC 9-19-11-8Contributory negligenceSec. 8. Failure to comply with this chapter does not constitute contributory negligence.As added by P.L.2-1991, SEC.7.IC 9-19-11-9Child restraint system accountSec. 9. (a) The child restraint system account is established within the state general fund to make grants under subsection (d).(b) The account consists of the following:(1) Funds collected as judgments for violations under this chapter.(2) Appropriations to the account from the general assembly.(3) Grants, gifts, and donations intended for deposit in the account.(4) Interest that accrues from money in the account.(c) The account shall be administered by the criminal justice institute.(d) The criminal justice institute, upon the recommendation of the governor's council on impaired and dangerous driving, shall use money in the account to make grants to private and public organizations to:(1) purchase child restraint systems; and(2) distribute the child restraint systems:(A) without charge; or(B) for a minimal charge;to persons who are not otherwise able to afford to purchase child restraint systems.The criminal justice institute shall adopt rules under IC 4-22-2 to implement this section.(e) Money in the account is appropriated continuously to the criminal justice institute for the purposes stated in subsection (a).(f) The expenses of administering the account shall be paid from money in the account.(g) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account.

(h) Money in the account at the end of a state fiscal year does not revert to the state general fund.As added by P.L.67-2004, SEC.11.IC 9-19-11-10Violation; no assessment of pointsSec. 10. The bureau may not assess points under the point system for a violation of this chapter.As added by P.L.67-2004, SEC.12.IC 9-19-11-11Violation; not basis for habitual offender determinationSec. 11. A violation of this chapter may not be included in a determination of habitual violator status under IC 9-30-10-4.As added by P.L.67-2004, SEC.13.

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IOWA

We have been unable to access the text of the Iowa regulations since 2003.I321.446 Child restraint devices.1. A child under three years of age who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit by a child restraint system which meets federal motor vehicle safety standards, and the system shall be used in accordance with the manufacturer's instructions.

2. A child at least three years of age but under six years of age who is being transported in a motor vehicle subject to registration, except a school bus or motorcycle, shall be secured during transit by either a child restraint system that meets federal motor vehicle safety standards and is used in accordance with the manufacturer's instructions, or by a safety belt or safety harness of a type approved under section 321.445.

3. This section does not apply to peace officers acting on official duty. This section also does not apply to the transportation of children in 1965 model year or older vehicles, authorized emergency vehicles, buses, or motor homes, except when a child is transported in a motor home's passenger seat situated directly to the driver's right. This section does not apply to the transportation of a child who has been certified by a physician licensed under chapter 148, 150, or 150A as having a medical, physical, or mental condition that prevents or makes inadvisable securing the child in a child restraint system, safety belt, or safety harness.

4. The operator who violates subsection 1 or 2 is guilty of a misdemeanor and subject only to the penalty provisions of section 805.8A, subsection 14, paragraph "c".

5. A person who is first charged for a violation of subsection 1 and who has not purchased or otherwise acquired a child restraint system shall not be convicted if the person produces in court, within a reasonable time, proof that the person has purchased or otherwise acquired a child restraint system which meets federal motor vehicle safety standards.

6. Failure to use a child restraint system, safety belts, or safety harnesses as required by this section does not constitute negligence nor is the failure admissible as evidence in a civil action.

Section History: Recent form84 Acts, ch 1016, º 1; 86 Acts, ch 1069, º 1; 2000 Acts, ch 1133, º11; 2001 Acts, ch 132, º11; 2001 Acts, ch 137, º5

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KANSAS

http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=1826

8-1344Chapter 8.--AUTOMOBILES AND OTHER VEHICLES Article 13.--MISCELLANEOUS PROVISIONS 8-1344. Child passenger safety; restraining systems for children under the age of four; use of seat belts by children between the ages of five and fourteen. Every driver as defined in K.S.A. 8-1416, and amendments thereto, who transports a child under the age of 14 years in a passenger car as defined in K.S.A. 8-1343a, and amendments thereto, on a highway as defined in K.S.A. 8-1424, and amendments thereto, shall provide for the protection of such child by properly using: (a) For a child under the age of four years a child passenger safety restraining system that meets or exceeds the standards and specifications contained in federal motor vehicle safety standard no. 213 in effect on July 1, 1997; or (b) for a child four years of age but under the age of 14, a safety belt manufactured in compliance with federal motor vehicle safety standard no. 208, except that if the number of children subject to this requirement exceeds the number of passenger securing locations available for use by children affected by this requirement, and all of those securing locations are in use by children, then there is not a violation of this section. History: L. 1981, ch. 33, § 2; L. 1984, ch. 38, § 1; L. 1989, ch. 40, § 1; L. 1992, ch. 317, § 2; L. 1997, ch. 80, § 1; July 1.

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KENTUCKY

AN ACT relating to child safety.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:Section 1. KRS 189.125 is amended to read as follows:

(1) Except as otherwise provided in this section, "motor vehicle" as used in this section means every vehicle designed to carry ten (10) or fewer passengers and used for the transportation of persons, but the term does not include:

(a) Motorcycles;

(b) Motor driven cycles; or

(c) Farm trucks registered for agricultural use only and having a gross weight of one (1) ton or more.

(2) A[No] person shall not sell or[any new passenger vehicle in this state nor shall any person] make application for registering a new motor[passenger] vehicle in this state unless the front or forward seat or seats have adequate anchors or attachments secured to the floor [and/]or sides to the rear of the seat or seats to which seat belts may be secured.

(3) (a) Any driver of a motor vehicle, when transporting a child of forty (40) inches in height or less in a motor vehicle operated on the roadways, streets, and highways of this state, shall have the child properly secured in a child restraint system of a type meeting federal motor vehicle safety standards.

(b) Any driver of a motor vehicle, when transporting a child under the age of eight (8) years who is between forty (40) inches and four (4) feet nine (9) inches in height, and weighing less than eighty (80) pounds, in a motor vehicle operated on the roadways, streets, and highways of this state, shall have the child properly secured in a child booster seat.

(4) As used in this section:[,]

(a) "Child restraint system" means any device manufactured to transport children in a motor vehicle which conforms to all applicable federal motor vehicle safety standards.

(b) "Child booster seat" means a child passenger restraint system that meets the standards set forth in 49 C.F.R. Part 571 that is designed to elevate a child to properly sit in a federally approved lap and shoulder belt system.

(5) Failure to use[wear] a child passenger restraint or a child booster seat shall not be considered as contributory negligence, nor shall such failure to use a[wear said] passenger restraint system or booster seat be admissible as evidence in the trial of any civil action. Failure of any person to wear a seat belt shall not constitute negligence per se.

(6) A[No] person shall not operate a motor vehicle manufactured after 1965 on the public roadways of this state unless the driver and all passengers are wearing a properly adjusted and fastened seat belt, unless the passenger is a child who is secured as required in subsection (3) of this section. The provisions of this subsection shall not apply to:

(a) A person who has in his possession at the time of the conduct in question a written statement from a physician or licensed chiropractor that he is unable, for medical or physical reasons, to wear a seat belt; or

(b) A letter carrier of the United States postal service while engaged in the performance of his duties.

(7) A peace officer shall not stop or seize a person nor issue a uniform citation for a violation of subsection (6) of this section if the officer has no other cause to stop or seize the person other than a violation of subsection (6) of this section.

(8) The provisions of subsections (6) and (7) of this section shall supersede any existing local ordinance involving the use of seat belts. An[No] ordinance contrary to subsections (6) and (7) of this section shall not[may] be enacted by any unit of local government.

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LOUISIANA

http://www.legis.state.la.us/lss/lss.asp?doc=88231§295. Child passenger restraint systemA. Except as provided in Subsections C, D, and E of this Section, every driver in this state who transports a child or children under the age of thirteen years in a motor vehicle which is equipped with safety belts shall have the child properly secured as follows:(1) A child younger than six years of age or weighing sixty pounds or less shall be restrained in a child restraint system as provided for in this Subsection that complies with standards of the United States Department of Transportation and is secured in the vehicle in accordance with the instructions of the manufacturer of the child restraint system and the passenger seating position is equipped with a safety belt system that allows sufficient space for installation. The child restraint system required for a child younger than six years of age or weighing sixty pounds or less is, in descending order of protectiveness, as follows:(a) A child who is younger than one year of age or weighs less than twenty pounds shall be restrained in a rear-facing child safety seat.(b) A child who is at least one year of age but younger than four years of age or who weighs at least twenty pounds but less than forty pounds shall be restrained in a forward-facing child safety seat.(c) A child who is at least four years of age but younger than six years of age or1 who weighs at least forty pounds but not more than sixty pounds shall be restrained in a child booster seat. The requirements of this Subparagraph shall not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.(2) A child who is at least six years of age or weighs more than sixty pounds shall be restrained with the motor vehicle's safety belt adjusted and fastened around the child's body or in an appropriately fitting child booster seat in accordance with the instructions of the manufacturer of the safety belt or child booster seat.(3) A child who because of age or weight can be placed in more than one category shall be placed in the more protective category.B.(1) The term "motor vehicle" as used in this Section shall not mean the following: bicycle; farm tractor; motorcycle or motor-driven cycle; truck of manufacturer's rating carrying capacity of over two thousand pounds; ambulance or other emergency vehicle; school bus as defined in R.S. 32:1(62)(a) and (b); church bus, private bus, or recreational vehicle which has a passenger capacity of over ten persons; or commercial truck, van, or taxi.(2) The term "child restraint system" as used in this Section shall mean a lap belt, a shoulder harness, or an age- or size-appropriate child safety seat as required by this Section.(3) The term "child booster seat" as used in this Section means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 and is designed to elevate a child to properly sit in a federally approved safety belt system.C. When the vehicle is equipped with a passenger side air bag supplemental restraint system and the air bag system is activated, the driver of a vehicle transporting a child who is younger than six years of age or weighs less than sixty pounds shall transport the child in the rear seat positions in the vehicle, if rear seats are available.D. When the number of children under the age of thirteen in the motor vehicle exceeds the number of age- or size-appropriate passenger restraint systems and seat belts available in the motor vehicle, the unrestrained children shall be seated in a rear seat, if rear seats are available.E. The provisions of this Section shall not apply when one of the following conditions exists:(1) The motor vehicle is being used as an ambulance or other emergency vehicle.(2) An emergency exists which threatens the life of any person operating a motor vehicle to whom this Section otherwise would apply or the life of any child who otherwise would be required to be restrained under this Section.(3) Any child who would otherwise be required to be restrained under this Section who is physically unable because of medical reasons to use a child passenger safety system or safety belt.F. In no event shall failure to wear a child passenger safety seat system be considered as comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence, nor shall such failure be considered a moving violation.G. Any operator of a motor vehicle stopped for a violation of this Section and against whom enforcement action has been taken shall not be guilty of a subsequent violation of this Section until after twenty-four hours have elapsed from the date and time of the violation as indicated on the traffic ticket.H. A violation of this Section involving failure to secure a child in any type of child restraint system shall be a primary offense. However, failure to secure a child in the age- or size-appropriate restraint, as specified by Subsection A of this Section, shall be a secondary offense and a driver may be cited only if stopped for a moving violation.I.(1) Except as provided by Paragraph (2) of this Subsection, any person who violates this Section shall upon conviction be fined fifty dollars for a first offense, one hundred dollars for a second offense, and one hundred dollars plus all costs of court for a third or subsequent offense. In addition to the fine, the license of a defendant in violation of this Section shall be confiscated and driving privileges suspended until such time as satisfactory proof is presented to the court that the defendant has acquired an approved age- or size-appropriate passenger restraint system where applicable.(2) Any person who violates this Section but whose violation is limited to failure to utilize an age- or size-appropriate child restraint system to secure an otherwise restrained child shall not be fined more than twenty-five dollars including fees and court costs.J. The Department of Public Safety and Corrections shall initiate an educational program designed to encourage compliance with the child passenger restraint system requirements of this Section.

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MAINE

§2081. Use of safety seat belts

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Child safety seat" means a child safety seat that meets the standards described in the Federal Motor Vehicle Safety Standards. [2001, c. 585, §1 (new); §6 (aff).]

B. "Federal Motor Vehicle Safety Standards" means the standards described in 49 Code of Federal Regulations, Part 571, in effect on January 1, 1981, as subsequently amended. [2001, c. 585, §1 (new); §6 (aff).]

C. "Federally approved child restraint system" means a child safety restraint that is intended to be used as crash protection in vehicles and that meets the requirements of the Federal Motor Vehicle Safety Standard 213. [2003, c. 380, §1 (amd); §5 (aff).] [2003, c. 380, §1 (amd); §5 (aff).]

2. Children under 40 pounds. When a child who weighs less than 40 pounds is being transported in a motor vehicle that is required by the United States Department of Transportation to be equipped with safety seat belts, the operator must have the child properly secured in accordance with the manufacturer's instructions in a child safety seat. [2001, c. 585, §2 (amd); §6 (aff).]

3. Passengers less than 18 years of age. Except as provided in subsection 2, the following provisions apply to passengers less than 18 years of age riding in a vehicle that is required by the United States Department of Transportation to be equipped with seat belts.

A. The operator shall ensure that a child who weighs at least 40 pounds but less than 80 pounds and who is less than 8 years of age is properly secured in a federally approved child restraint system. Nonprofit, municipal or contracted transportation service providers are exempt from this paragraph until February 1, 2005, except that the operator shall ensure that the child is properly secured in a seat belt. [2003, c. 380, §2 (amd); §5 (aff).]

B. The operator shall ensure that a child who is less than 18 years of age and at least 8 years of age or who is less than 18 years of age and more than 4 feet, 7 inches in height is properly secured in a seat belt. [2003, c. 380, §3 (amd); §5 (aff).]

C. The operator shall ensure that a child who is less than 12 years of age and who weighs less than 100 pounds is properly secured in the rear seat of a vehicle, if possible. [2001, c. 585, §3 (new); §6 (aff).]

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MARYLAND

http://198.187.128.12/maryland/lpext.dll/Infobase/572f8/5bcd9/5bf68/5c08f?f=templates&fn=document-frame.htm&2.0#JD_tr22-4122JD_tr22-4122

§ 22-412.2. Child safety seats.

(a) Definitions.- (1) In this section the following words have the meanings indicated. (2) (i) "Child safety seat" means a device, including a child booster seat, that the manufacturer: 1. Certifies is manufactured in accordance with applicable federal safety standards; and 2. Intends to be used to restrain, seat, or position a child who is transported in a motor vehicle. (ii) "Child safety seat" does not mean a seat belt or combination seat belt-shoulder harness used alone. (3) (i) "Seat belt" means a restraining device described under § 22-412 of this subtitle. (ii) "Seat belt" includes a combination seat belt-shoulder harness. (b) Accordance with directions of manufacturer required.- A child safety seat meets the requirements of this section only if it is installed and used in accordance with the directions of the manufacturer. (c) Application to vehicles.- This section applies to the transportation of a child in a vehicle registered, or of a type capable of being registered, in this State as a: (1) Class A (passenger) vehicle; (2) Class E (truck) with a manufacturer's rated capacity of 3/4 ton or less, the gross vehicle weight of which does not exceed 7,000 pounds; or (3) Class M (multipurpose) vehicle. (d) Child under age of 6 or weighing 40 pounds or less.- A person transporting a child in a motor vehicle registered in the State shall secure the child in a child safety seat in accordance with the child safety seat and vehicle manufacturers' instructions if the child: (1) Is under the age of 6 years, regardless of the child's weight; or (2) Weighs 40 pounds or less, regardless of the child's age. (d-1) Child under age of 4 or weighing 40 pounds or less.- A person transporting a child in a motor vehicle registered in another state, in the District of Columbia, or in another country, shall secure the child in a child safety seat in accordance with the child safety seat and vehicle manufacturers' instructions if the child: (1) Is under the age of 4 years, regardless of the child's weight; or (2) Weighs 40 pounds or less, regardless of the child's age. (e) Child weighing more than 40 pounds and less than age of 16.- A person may not transport a child under the age of 16 years unless the child is secured in: (1) A child safety seat in accordance with the child safety seat and vehicle manufacturers' instructions; or (2) A seat belt. (f) Medical exception.- If a physician, who is licensed to practice medicine in the state in which the vehicle transporting the child is registered, certifies in writing that use of a child safety seat by a particular child would be impractical due to the child's weight, physical unfitness, or other medical reason, there is not a violation of this section. (g) Individual use.- A child safety seat or seat belt may not be used to restrain, seat, or position more than 1 individual at a time. (h) Securing locations.- If the number of children subject to the provisions of this section exceeds the number of passenger securing locations suitable for securing a child either in a seat belt or in a child safety seat in accordance with this section, and all of those securing locations are in use by children, there is not a violation of this section. (i) Effect of violations.- A violation of this section is not contributory negligence and may not be admitted as evidence in the trial of any civil action. (j) Moving violation.- A violation of this section is not considered a moving violation for purposes of § 16-402 of this article. (k) Separate violation.- The failure to provide a child safety seat or seat belt for more than 1 child in the same vehicle at the same time, as required by this section, shall be treated as a single violation. (l) Fine; waiver.- (1) Any person convicted of a violation of this section is subject to a fine of $25. (2) A judge may waive the fine if the person charged with violation of this section: (i) Did not possess a child safety seat at the time of the violation; (ii) Acquires a child safety seat prior to the hearing date; and (iii) Provides proof of acquisition to the court. (m) Implementation; compliance.- The Department of Transportation and the Department of Health and Mental Hygiene shall jointly implement the Child Safety Seat Program and foster compliance with this section through educational and promotional efforts.

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MASSACHUSETTS

http://www.mass.gov/legis/laws/mgl/90-7aa.htm

MOTOR VEHICLESChapter 90: Section 7AA. Child passenger restraints; fine; violation as evidence in civil action

No child under age five and no child weighing forty pounds or less shall ride as a passenger in a motor vehicle on any way unless such child is properly fastened and secured, according to the manufacturer's instructions, by a child passenger restraint as defined in section one.

No child who is five years of age or older, but not older than twelve years of age, shall ride as a passenger in a motor vehicle on any way unless such child is wearing a safety belt which is properly adjusted and fastened according to the manufacturer's instructions.

The provisions of this section shall not apply to any such child who is: (1) riding as a passenger in a school bus; (2) riding as a passenger in a motor vehicle made before July first, nineteen hundred and sixty-six, that is not equipped with safety belts; (3) physically unable to use either a conventional child passenger restraint or a child restraint specifically designed for children with special needs; provided, however, that such condition is duly certified in writing by a physician who shall state the nature of the disability as well as the reasons such restraints are inappropriate; provided, further, that no such certifying physician shall be subject to liability in a civil action for the issuance of or for the failure to issue such certificate. An operator of a motor vehicle who violates the provisions of this section shall be subject to a fine of not more than twenty-five dollars; provided, however, that said twenty-five dollar fine shall not apply to an operator of a motor vehicle licensed as a taxi cab not equipped with a child passenger restraint device.A violation of this section shall not be used as evidence of contributory negligence in any civil action.

A person who receives a citation for a violation of any of the provisions of this section may contest such citation pursuant to section three of chapter ninety C. A violation of this section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section one hundred and thirteen B of chapter one hundred and seventy-five.

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MICHIGAN

http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-257-710e&queryid=11130372&highlight=safety%20belt

MICHIGAN VEHICLE CODE (EXCERPT)Act 300 of 1949

257.710e Safety belt required; driver or passenger to which section inapplicable; transporting child 4 years of age but less than 16 years of age; enforcement of section; violation as evidence of negligence; reduction of recovery for damages; violation as civil infraction; reports of police harassment; effect of primary enforcement; study; media to promote compliance; report of findings; intent; assessment of points prohibited. Sec. 710e.(1) This section does not apply to a driver or passenger of any of the following:(a) A motor vehicle manufactured before January 1, 1965.(b) A bus.(c) A motorcycle.(d) A moped.(e) A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons.(f) A motor vehicle that is not required to be equipped with safety belts under federal law.(g) A commercial or United States postal service vehicle that makes frequent stops for the purpose of pickup or delivery of goods or services.(h) A motor vehicle operated by a rural carrier of the United States postal service while serving his or her rural postal route.(2) This section does not apply to a passenger of a school bus.(3) Each driver and front seat passenger of a motor vehicle operated on a street or highway in this state shall wear a properly adjusted and fastened safety belt, except that a child less than 4 years of age shall be protected as required in section 710d. If there are more passengers than safety belts available for use, and all safety belts in the motor vehicle are being utilized in compliance with this section, the driver of the motor vehicle is in compliance with this section.(4) Each driver of a motor vehicle transporting a child 4 years of age or more but less than 16 years of age in a motor vehicle shall secure the child in a properly adjusted and fastened safety belt. If the motor vehicle is transporting more children than there are safety belts available for use, all safety belts available in the motor vehicle are being utilized in compliance with this section, and the driver and all front seat passengers comply with subsection (3), then the driver of a motor vehicle transporting a child 4 years of age or more but less than 16 years of age for which there is not an available safety belt is in compliance with this subsection, if that child is seated in other than the front seat of the motor vehicle. However, if that motor vehicle is a pickup truck without an extended cab or jump seats, and all safety belts in the front seat are being used, the driver may transport such a child in the front seat without a safety belt.(5) If after December 31, 2005 the office of highway safety planning certifies that there has been less than 80% compliance with the safety belt requirements of this section during the preceding year, then enforcement of this section by state or local law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another section of this act.(6) Failure to wear a safety belt in violation of this section may be considered evidence of negligence and may reduce the recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle. However, such negligence shall not reduce the recovery for damages by more than 5%.(7) A person who violates this section is responsible for a civil infraction.(8) A law enforcement agency shall conduct an investigation for all reports of police harassment that result from the enforcement of this section.(9) The secretary of state shall engage an independent organization to conduct a 3-year study to determine the effect that the primary enforcement of this section has on the number of incidents of police harassment of drivers. The organization that conducts the study shall submit a report to the legislature not later than June 30, 2001 and an annual report not later than June 30 each year thereafter.(10) The secretary of state shall promote compliance with the safety belt requirements of this section at the branch offices and through any print or visual media determined appropriate by the secretary of state.(11) The secretary of state shall conduct a study with the cooperation and contribution of the directors of the department of state police, the department of community health, the state transportation department, and the insurance bureau to analyze the monetary savings, if any, arising from the enactment of the amendatory act that added this subsection. The secretary of state shall report the findings of the study to all of the following not later than May 1, 2000:(a) The senate and house of representatives appropriations committees.(b) The senate and house of representatives fiscal agencies.(12) It is the intent of the legislature that the enforcement of this section be conducted in a manner calculated to save lives and not in a manner that results in the harassment of the citizens of this state.(13) Points shall not be assessed under section 320a for a violation of this section.

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MINNESOTA

http://www.revisor.leg.state.mn.us/stats/169/685.html

169.685 Seat belt; passenger restraint system for children.

Subdivision 1. Requirement; exemptions. After January 1, 1964, all new motor vehicles, not exempt from Minnesota license fees, other than a bus, school bus, motorcycle, motorized bicycle, farm tractor, road tractor, and truck, sold or offered for sale or registered in Minnesota shall be equipped to permit the installation of seat belts in the front seat thereof.

Subd. 2. Required after registration. Within 30 days after the registration of such motor vehicle, it shall be equipped with seat belts installed for use in the left front and right front seats thereof.

Subd. 3. Standards. The specifications and requirements for seat belts or seat belt assemblies shall conform with the minimum standards for seat belts or seat belt assemblies heretofore adopted by the Society of Automotive Engineers and in effect on January 1, 1963.

Subd. 4. Admissibility into evidence. (a) Except as provided in paragraph (b), proof of the use or failure to use seat belts or a child passenger restraint system as described in subdivision 5, or proof of the installation or failure of installation of seat belts or a child passenger restraint system as described in subdivision 5 shall not be admissible in evidence in any litigation involving personal injuries or property damage resulting from the use or operation of any motor vehicle.

(b) Paragraph (a) does not affect the right of a person to bring an action for damages arising out of an incident that involves a defectively designed, manufactured, installed, or operating seat belt or child passenger restraint system. Paragraph (a) does not prohibit the introduction of evidence pertaining to the use of a seat belt or child passenger restraint system in an action described in this paragraph.

Subd. 5. Violation; petty misdemeanor. (a) Every motor vehicle operator, when transporting a child under the age of four on the streets and highways of this state in a motor vehicle equipped with factory-installed seat belts, shall equip and install for use in the motor vehicle, according to the manufacturer's instructions, a child passenger restraint system meeting federal motor vehicle safety standards.

(b) No motor vehicle operator who is operating a motor vehicle on the streets and highways of this state may transport a child under the age of four in a seat of a motor vehicle equipped with a factory-installed seat belt, unless the child is properly fastened in the child passenger restraint system. Any motor vehicle operator who violates this subdivision is guilty of a petty misdemeanor and may be sentenced to pay a fine of not more than $50. The fine may be waived or the amount reduced if the motor vehicle operator produces evidence that within 14 days after the date of the violation a child passenger restraint system meeting federal motor vehicle safety standards was purchased or obtained for the exclusive use of the operator.

(c) The fines collected for violations of this subdivision must be deposited in the state treasury and credited to a special account to be known as the Minnesota child passenger restraint and education account.

Subd. 6. Exceptions. (a) This section does not apply to:

(1) a person transporting a child in an emergency medical vehicle while in the performance of official duties and when the physical or medical needs of the child make the use of a child passenger restraint system unreasonable or when a child passenger restraint system is not available;

(2) a peace officer transporting a child while in the performance of official duties and when a child passenger restraint system is not available, provided that a seat belt must be substituted; and

(3) a person while operating a motor vehicle for hire, including a taxi, airport limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle.

(b) A child passenger restraint system is not required for a child who cannot, in the judgment of a licensed physician, be safely transported in a child passenger restraint system because of a medical condition, body size, or physical disability. A motor vehicle operator claiming exemption for a child under this paragraph must possess a typewritten statement from the physician stating that the child cannot be safely transported in a child passenger restraint system. The statement must give the name and birth date of the child, be dated within the previous six months, and be made on the physician's letterhead or contain the physician's name, address, and telephone number. A person charged with violating subdivision 5 may not be convicted if the person produces the physician's statement in court or in the office of the arresting officer.

(c) A person offering a motor vehicle for rent or lease shall provide a child passenger restraint device to a customer renting or leasing the motor vehicle who requests the device. A reasonable rent or fee may be charged for use of the child passenger restraint device.

Subd. 7. Appropriation; special account; legislative report. The Minnesota child passenger restraint and education account is created in the state treasury, consisting of fines collected under subdivision 5 and other money appropriated or donated. The money in the account is annually appropriated to the commissioner of public safety, to be used to provide child passenger restraint systems to families in financial need and to provide an educational program on the need for and proper use of child passenger restraint systems. The commissioner shall report to the legislature by February 1 of each odd-numbered year on the commissioner's activities and expenditure of funds under this section.

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MISSISSIPPI

http://www.mstc.state.ms.us/mvl/Laws/HTML%20Files/63-7-301.htm

§ 63-7-301. Requirement of device; failure to provide and use device not deemed negligence.

(1) Every person transporting a child under the age of four (4) years in a passenger motor vehicle, and operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a child passenger restraint device or system meeting applicable federal motor vehicle safety standards.

(2) The term "passenger motor vehicle" as used in Sections 63-7-301 through 63-7-311 has the same meaning as defined in Section 63-2-1(2). Sections 63-7-301 through 63-7-311 do not apply to the vehicles described in Section 63-2-1(3).

(3) Failure to provide and use a child passenger restraint device or system shall not be considered contributory or comparative negligence.

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MISSOURI

http://www.mstc.state.ms.us/mvl/Laws/HTML%20Files/63-7-301.htm

§ 63-7-301. Requirement of device; failure to provide and use device not deemed negligence.

(1) Every person transporting a child under the age of four (4) years in a passenger motor vehicle, and operated on a public roadway, street or highway within this state, shall provide for the protection of the child by properly using a child passenger restraint device or system meeting applicable federal motor vehicle safety standards.

(2) The term "passenger motor vehicle" as used in Sections 63-7-301 through 63-7-311 has the same meaning as defined in Section 63-2-1(2). Sections 63-7-301 through 63-7-311 do not apply to the vehicles described in Section 63-2-1(3).

(3) Failure to provide and use a child passenger restraint device or system shall not be considered contributory or comparative negligence.

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MONTANA

http://data.opi.state.mt.us/bills/mca/61/9/61-9-420.htm

61-9-420. Child safety restraint systems -- standards -- exemptions. (1) If a child under 6 years of age and weighing less than 60 pounds is a passenger in a motor vehicle, that motor vehicle must be equipped with one child safety restraint for each child in the vehicle and each child must be properly restrained. (2) The department shall by rule establish standards in compliance with 61-9-419 through 61-9-423 and applicable federal standards for approved types of child safety restraint systems. (3) The department may by rule exempt from the requirements of subsection (1) a child who because of a physical or medical condition or body size cannot be placed in a child safety restraint.

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NEBRASKA

http://srvwww.unicam.state.ne.us/legislature/legaldocs/Statutes/CHAP60/s6006267000.xml

Section 60-6,267Use of restraint system or occupant protection system; when; information and education program.

(1) Any person in Nebraska who drives any motor vehicle which has or is required to have an occupant protection system shall ensure that:

(a) All children up to six years of age being transported by such vehicle use a child passenger restraint system of a type which meets Federal Motor Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety Administration, as such standard existed on January 1, 2004, and which is correctly installed in such vehicle; and

(b) All children six years of age and less than eighteen years of age being transported by such vehicle use an occupant protection system.

This subsection shall apply to every motor vehicle which is equipped with an occupant protection system or is required to be equipped with restraint systems pursuant to Federal Motor Vehicle Safety Standard 208, as such standard existed on January 1, 2004, except taxicabs, mopeds, motorcycles, and any motor vehicle designated by the manufacturer as a 1963 year model or earlier which is not equipped with an occupant protection system.

(2) Whenever any licensed physician determines, through accepted medical procedures, that use of a child passenger restraint system by a particular child would be harmful by reason of the child's weight, physical condition, or other medical reason, the provisions of subsection (1) of this section shall be waived. The driver of any vehicle transporting such a child shall carry on his or her person or in the vehicle a signed written statement of the physician identifying the child and stating the grounds for such waiver.

(3) The drivers of authorized emergency vehicles shall not be subject to the requirements of subsection (1) of this section when operating such authorized emergency vehicles pursuant to their employment.

(4) A driver of a motor vehicle shall not be subject to the requirements of subsection (1) of this section if the motor vehicle is being operated in a parade or exhibition and the parade or exhibition is being conducted in accordance with applicable state law and local ordinances and resolutions.

(5) The Department of Motor Vehicles shall develop and implement an ongoing statewide public information and education program regarding the use of child passenger restraint systems and occupant protection systems and the availability of distribution and discount programs for child passenger restraint systems.

(6) All persons being transported by a motor vehicle operated by a holder of a provisional operator's permit or a school permit shall use such motor vehicle's occupant protection system.

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NEVADA

http://leg.state.nv.us/NRS/NRS-484.html#NRS484Sec474

NRS 484.474 Child less than 6 years of age and weighing 60 pounds or less to be secured in child restraint system while being transported in motor vehicle; requirements for system; penalties; exceptions. 1. Except as otherwise provided in subsection 5, any person who is transporting a child who is less than 6 years of age and who weighs 60 pounds or less in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which: (a) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. Part 571; (b) Is appropriate for the size and weight of the child; and (c) Is installed within and attached safely and securely to the motor vehicle: (1) In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or (2) In another manner that is approved by the National Highway Traffic Safety Administration. 2. A person who violates the provisions of subsection 1 shall be: (a) Required to complete a program of training conducted by a person or agency approved by the Department of Public Safety in the installation and use of child restraint systems; and (b) Except as otherwise provided in this paragraph, punished by a fine of not less than $50 nor more than $500, or required to perform not less than 8 hours nor more than 50 hours of community service. The court may waive any amount of the fine in excess of $50 or any amount of the community service in excess of 8 hours if a person or agency approved by the Department of Public Safety certifies that the violator has: (1) Completed the program of training required by paragraph (a); and (2) Presented for inspection by the person or agency an installed child restraint system that satisfies the provisions of subsection 1.Ê The court shall make available a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems. 3. For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation. 4. A violation of this section may not be considered: (a) Negligence in any civil action; or (b) Negligence or reckless driving for the purposes of NRS 484.377. 5. This section does not apply: (a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle. (b) When a physician determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the child’s weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect. 6. As used in this section, “child restraint system” means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation: (a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt; (b) Integrated child seats; and (c) Safety belts that are designed specifically to be adjusted to accommodate children.

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NEW HAMPSHIRE

TITLE 21 Motor VehiclesCHAPTER 265 Rules Of The Road

http://www.gencourt.state.nh.us/rsa/html/XXI/265/265-107-a.htm

265:107-a Child Passenger Restraints Required. – I. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless such person is wearing a seat or safety belt which is properly adjusted and fastened. If the passenger is less than 6 years of age and is less than 55 inches in height, the passenger shall be properly fastened and secured by a child passenger restraint which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213. Except as provided in paragraph II, no person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless the motor vehicle was designed for and equipped with the passenger restraints specified above. I-a. No person who is less than 18 years of age shall drive a motor vehicle on any way unless such person is wearing a seat or safety belt which is properly adjusted and fastened. II. A person shall not be guilty of a violation of this section if the motor vehicle the person is driving is regularly used to transport passengers for hire, is a school bus weighing more than 10,000 pounds or is a school bus weighing less than 10,000 pounds that was manufactured without safety belts, or there is an individual education plan statement contraindicating the use of restraints, is a vehicle manufactured before 1968, is a motorcycle as defined in RSA 259:63 , is an antique motor car or motorcycle as defined in RSA 259:4, or is being operated in a parade authorized by law or ordinance, provided that the parade vehicle is travelling at a speed of no more than 10 miles per hour. III. Any driver who violates the provisions of this section shall be guilty of a violation, and shall be subject to the following fines: (a) $25 for a first offense. (b) $50 for a second or subsequent offense. IV. A violation of this section shall not be used as evidence of contributory negligence in any civil action. V. A conviction for violating the provisions of this section shall not preclude prosecution of any other offense for which violation of this section might constitute an element.

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NEW JERSEY

39:3-76.2a Child passenger restraint system; booster seat, use; failure to use not contributory negligence; inadmissibility in evidence.

1. Every person operating a motor vehicle, other than a school bus, equipped with safety belts who is transporting a child under the age of eight years and weighing less than 80 pounds on roadways, streets or highways of this State, shall secure the child in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213, in a rear seat. If there are no rear seats, the child shall be secured in a child passenger restraint system or booster seat, as described in Federal Motor Vehicle Safety Standard Number 213 . In no event shall failure to wear a child passenger restraint system or to use a booster seat be considered as contributory negligence, nor shall the failure to wear the child passenger restraint system be admissible as evidence in the trial of any civil action.

L.1983,c.128,s.1; amended 2001, c.244, s.1.

39:3-76.2c. Informational material The Division of Motor Vehicles shall print such materials as to adequately inform the public about the types of child passenger restraint systems meeting federal motor vehicle safety standards. These materials may be made available to car dealers, parent groups, hospitals and the general public.

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NEW MEXICO

http://www.conwaygreene.com/nmsu/lpext.dll/Infobase4/992/1c2ca/1ccb5/1cd44/1ce8c?f=templates&fn=document-frame.htm&2.0#JD_66-7-369JD_66-7-369

66-7-369. Child passenger restraint; enforcement.

A. A person shall not operate a passenger car, van or pickup truck in this state, except for an authorized emergency vehicle, public transportation or a school bus, unless all passengers less than eighteen years of age are properly restrained.

B. Each person less than eighteen years of age shall be properly secured in a child passenger restraint device or by a safety belt, unless all seating positions equipped with safety belts are occupied, as follows:

(1) children less than one year of age shall be properly secured in a rear-facing child passenger restraint device that meets federal standards, in the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is not equipped with a rear seat, the child may ride in the front seat of the vehicle if the passenger-side air bag is deactivated or if the vehicle is not equipped with a deactivation switch for the passenger-side air bag;

(2) children one year of age through four years of age, regardless of weight, or children who weigh less than forty pounds, regardless of age, shall be properly secured in a child passenger restraint device that meets federal standards; and

(3) children five years of age through twelve years of age shall be secured in a child passenger restraint device or by a seat belt.

C. Failure to be secured by a child passenger restraint device or by a safety belt as required by this section shall not in any instance constitute fault or negligence and shall not limit or apportion damages.

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NEW YORK

http://www.nysgtsc.state.ny.us/boost-new.htm

NEW YORK STATE CHILD PASSENGER RESTRAINT LAW Beginning March 27, 2005 -Children ages 4, 5,and 6, riding in any seating position of a motor vehicle will be required to be restrained in an appropriate child restraint system.What does "child restraint system" mean?A child restraint system is any device, used in conjunction with safety belts, designed for use in a motor vehicle to restrain, seat, or position children and meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213.What are they?It may be a child safety seat or harness/vest or booster seat. (The vehicle's safety belts are not a child restraint system.)What does "appropriate" mean?An appropriate child restraint system is one that meets the child's height, weight, and size according to the manufacturer's recommendation for that restraint system.What is the fine for a violation?Fines will range from $25 to $100 for violations.What is the occupant restraint law for children who are under the age of 4?Children under the age of 4 are required to be restrained in a federally approved child safety seat when riding in a motor vehicle. If the weight of a child under the age of 4 exceeds 40 pounds, the child may be restrained in an appropriate child restraint system, allowing the child to use a booster seat.Does the new law apply to school buses?No. However, children under the age of 4 must be restrained in a federally approved child safety seat when riding in a school bus. Liveries, taxis, and public transportation buses are exempt from the occupant restraint law.Once a child turns 4 years old, should he or she be in a booster seat?Not necessarily. Choose the restraint system that will fit your child's weight and size. Read the manufacturer's instructions and recommendations for that particular seat. For maximum protection, keep a child in a forward-facing child safety seat with full internal harness until they reach the manufacturer's recommendations for upper size limits. The harness provides upper body, head, and neck protection.Who should use a booster seat?The next step of children who have outgrown a forward-facing child safety seat is a booster seat, usually when a child weighs more than 40 pounds or grows more than 40 inches in height.What type of booster seat should you use?There are two major types of belt-positioning booster seats:1. Backless or low-back booster seats are used in vehicles with a high seat back in which the child's head can be supported by the vehicle seat back or head restraint. 2. High-back booster seats are used in vehicles with a low seat back where there is no vehicle seat back or head restraint to support the child's head and neck. Booster seats must be used with both the lap and shoulder belt. A booster seat should never be used with a lap belt only.When should you move your child from a booster seat to an adult seat belt?Your child should stay in a booster seat until the adult seat belt fits him or her properly. This is usually when your child reaches 4'9" in height and is about 8 years old. Please make sure that your child meets all of the following requirements for a proper seat belt fit:1. The lap belt should be low across the upper thighs or hips, not across the abdomen. 2. The shoulder belt should lie across the chest and shoulder, not touching the neck or face. 3. Your child should be able to sit with his or her back straight against the vehicle seat back with knees bent at the seat's edge without slouching. 4. Your child should be able to ride this way for the entire trip.

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NORTH CAROLINA

http://www.buckleupnc.org/laws_cps.cfm

NC Child Passenger Safety Law - G.S. 20-137.1Summary of law

updated 01-04-05

NOTE: Senate Bill 1218, which implemented enhancements to the NC CPS Law, was ratified by the NC Legislature on July 15, 2004 and signed into law by Governor Easley on August 17. The changes went into effect January 1, 2005.

Ages/Positions Covered:» Children less than age 16 in front or back seats are covered under the NC Child Passenger Safety law.» Drivers and passengers 16 years old and older are covered by the NC Seat Belt Law. Vehicles Covered: » All vehicles required by federal standards to have seat belts are covered. In general, these are cars made after 1967, light trucks and vans made after 1971, and large buses including school and municipal buses.Restraint Required: » A properly used child restraint device (CRD) is required if the child is less than 8 years old AND weighs less than 80 pounds. Most parents and other care givers will be able to comply by using belt-positioning booster seats for children between 40 and 80 pounds. The child must be within the weight range for the child restraint/booster seat and it must meet Federal standards in effect at time of manufacture. » Children may be secured in a properly fitted seat belt at age 8 (regardless of weight) OR at 80 pounds (regardless of age) - whichever comes first. Placing the shoulder belt under a child’s (or adult’s) arm or behind the back is both dangerous and illegal.» If no seating position equipped with a lap and shoulder belt to properly secure a belt positioning booster seat is available, a child who weighs at least 40 pounds may be restrained by a properly fitted lap belt only. WARNING: Belt-positioning booster seats can only be used with lap and shoulder combination safety belts. Belt-positioning booster seats must NEVER be used with just a lap belt. Refer to "What are Options for Children over 40 pounds? in the "Choosing and Using" section for additional information on booster seats and safer alternatives for lap-belt-only seating positions.Position in Vehicle:» The CRD must be installed in the rear seat if the child is less than age 5 and 40 lbs.and if the vehicle has a passenger side air bag and a rear seat.» Front seat installation is allowed if the CRD is designed for use with air bags.Exemptions:» Vehicles not required to have belts (such as cars made before 1968 and pickup trucks, SUVs, and vans made before 1972, and large buses)» Ambulances and other emergency vehicles» If child's "personal needs" are being tended to» If all seating positions with belts are occupiedResponsibility/Penalties: » Driver responsible for all children less than sixteen» Penalty not to exceed $25» Full court costs apply ($100)» Two (2) driver license points» No insurance points» No conviction if the child is less than 8 years old and proof is presented at trial that an appropriate CRD/Booster seat has been acquired for a vehicle in which the child is normally transported since the violation.

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NORTH DAKOTA

http://www.state.nd.us/lr/cencode/t39c21.pdf

39-21-41.2. Child restraint devices - Evidence.1. If a child, under seven years of age, is present in any motor vehicle, that motorvehicle must be equipped with at least one child restraint system for each such child. However, a child under the age of seven who is at least fifty-seven inches [1.45 meters] tall and who weighs at least eighty pounds [36.28 kilograms] is not required to use a child restraint system. The child restraint system must meet the standards adopted by the United States department of transportation for those systems [49 CFR 571.213]. While the motor vehicle is in motion, each such child must be properly secured in the child restraint system in accordance with the manufacturer's instructions. A child weighing more than forty pounds [18.14 kilograms] may be restrained by a lap belt if the vehicle is not equipped with lap and shoulder belts or if all lap and shoulder belts are in use by other occupants. While the motor vehicle is moving, each child of seven through seventeen years of age who is in the motor vehicle must be in an approved child restraint system in accordance with the manufacturer's instructions or correctly buckled in a seatbelt. Use of child restraint systems and seatbelts is not required in motor vehicles that were not equipped with seatbelts when manufactured. If a child is being transported in an emergency situation, this section does not apply.

2. Violation of this section is not, in itself, evidence of negligence. The fact of aviolation of this section is not admissible in any proceeding other than one charging the violation.

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OHIO

http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/1f5c8/20163/204a1/204ab?f=templates&fn=document-frame.htm& 2.0#JD_451181JD_451181

§ 4511.81. Child restraint system required; child highway safety fund.

(A) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 4511.01 of the Revised Code, that is registered in this state and is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards:

(1) A child who is less than four years of age; (2) A child who weighs less than forty pounds. (B) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is registered in this state and is owned, leased, or otherwise under the control of a nursery school, kindergarten, or day-care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards: (1) A child who is less than four years of age; (2) A child who weighs less than forty pounds. (C) The director of public safety shall adopt such rules as are necessary to carry out this section. (D) The failure of an operator of a motor vehicle to secure a child in a child restraint system as required by this section is not negligence imputable to the child, is not admissible as evidence in any civil action involving the rights of the child against any other person allegedly liable for injuries to the child, is not to be used as a basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution for a violation of this section, and is not admissible as evidence in any criminal action involving the operator of the motor vehicle other than a prosecution for a violation of this section. (E) This section does not apply when an emergency exists that threatens the life of any person operating a motor vehicle and to whom this section otherwise would apply or the life of any child who otherwise would be required to be restrained under this section. (F) If a person who is not a resident of this state is charged with a violation of division (A) or (B) of this section and does not prove to the court, by a preponderance of the evidence, that the person's use or nonuse of a child restraint system was in accordance with the law of the state of which the person is a resident, the court shall impose the fine levied by division (H)(2) of this section. (G) There is hereby created in the state treasury the "child highway safety fund, " consisting of fines imposed pursuant to divisions (H)(1) and (2) of this section for violations of divisions (A) and (B) of this section. The money in the fund shall be used by the department of health only to defray the cost of designating hospitals as pediatric trauma centers under section 3727.081 of the Revised Code and to establish and administer a child highway safety program. The purpose of the program shall be to educate the public about child restraint systems generally and the importance of their proper use. The program also shall include a process for providing child restraint systems to persons who meet the eligibility criteria established by the department, and a toll-free telephone number the public may utilize to obtain information about child restraint systems and their proper use. The director of health, in accordance with Chapter 119. of the Revised Code, shall adopt any rules necessary to carry out this section, including rules establishing the criteria a person must meet in order to receive a child restraint system under the department's child restraint system program; provided that rules relating to the verification of pediatric trauma centers shall not be adopted under this section. (H) (1) Whoever is a resident of this state and violates division (A) or (B) of this section shall be punished as follows: (a) Except as otherwise provided in division (H)(1)(b) of this section, the offender is guilty of a minor misdemeanor. (b) If the offender previously has been convicted of or pleaded guilty to a violation of division (A) or (B) of this section or of a municipal ordinance that is substantially similar to either of those divisions, the offender is guilty of a misdemeanor of the fourth degree. (2) Whoever is not a resident of this state, violates division (A) or (B) of this section, and fails to prove by a preponderance of the evidence that the offender's use or nonuse of a child restraint system was in accordance with the law of the state of which the offender is a resident is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, that person is guilty of a misdemeanor of the fourth degree. (3) All fines imposed pursuant to division (H)(1) or (2) of this section shall be forwarded to the treasurer of state for deposit in the 'child highway safety fund' created by division (G) of this section.

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OKLAHOMA

http://www2.lsb.state.ok.us/os/os%5F47%2D11%2D1112.rtf

§47-11-1112. Child passenger restraint system required for certain vehicles - Exemptions.

A. Every driver, when transporting a child under six (6) years of age in a motor vehicle operated on the roadways, streets, or highways of this state, shall provide for the protection of said child by properly using a child passenger restraint system. For purposes of this section and Section 11-1113 of this title, “child passenger restraint system” means an infant or child passenger restraint system which meets the federal standards as set by 49 C.F.R. §571.213.B. Children at least six (6) years of age but younger than thirteen (13) years of age shall be protected by use of a child passenger restraint system or a seat belt.C. The provisions of this section shall not apply to:1. The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws;2. The driver of an ambulance or emergency vehicle;3. The driver of a vehicle in which all of the seat belts are in use;4. The transportation of children who for medical reasons are unable to be placed in such devices; or5. The transportation of a child who weighs more than forty (40) pounds and who is being transported in the back seat of a vehicle while wearing only a lap safety belt when the back seat of the vehicle is not equipped with combination lap and shoulder safety belts, or when the combination lap and shoulder safety belts in the back seat are being used by other children who weigh more than forty (40) pounds. Provided, however, for purposes of this paragraph, back seat shall include all seats located behind the front seat of a vehicle operated by a licensed child care facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this paragraph if at the request of any law enforcement officer, the licensed child care facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than forty (40) pounds.D. A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver of the vehicle has violated the provisions of this section and to give an oral warning to said driver. The warning shall advise the driver of the possible danger to children resulting from the failure to install or use a child passenger restraint system or seat belts in the motor vehicle.E. A violation of the provisions of this section shall not be admissible as evidence in any civil action or proceeding for damages.F. In any action brought by or on behalf of an infant for personal injuries or wrongful death sustained in a motor vehicle collision, the failure of any person to have the infant properly restrained in accordance with the provisions of this section shall not be used in aggravation or mitigation of damages.G. Any person convicted of violating subsection A or B of this section shall be punished by a fine of Ten Dollars ($10.00) and shall pay a maximum of Fifteen Dollars ($15.00) court costs thereof. This fine shall be suspended in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system. Provided, the Department of Public Safety shall not assess points to the driving record of any person convicted of a violation of this section.

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OREGON

http://www.leg.state.or.us/ors/811.html

811.210 Failure to use safety belts; penalty. (1) A person commits the offense of failure to use safety belts if the person:(a) Operates a motor vehicle on the highways of this state and is not properly secured with a safety belt or safety harness as required by subsection (2) of this section;(b) Operates a motor vehicle on the highways of this state with a passenger who is under 16 years of age and the passenger is not properly secured with a child safety system, safety belt, or safety harness as required by subsection (2) of this section; or(c) Is a passenger in a motor vehicle on the highways of this state who is 16 years of age or older and who is not properly secured with a safety belt or safety harness as required by subsection (2) of this section.(2) To comply with this section:(a) A person who is under four years of age and weighs 40 pounds or less must be properly secured with a child safety system that meets the minimum standards and specifications established by the Department of Transportation under ORS 815.055 for child safety systems designed for children weighing 40 pounds or less;(b) Except as provided in subsection (3) of this section, a person who is at least four years of age and under six years of age or weighs between 40 and 60 pounds must be properly secured with a child safety system that elevates the person so that a safety belt or safety harness properly fits the person. “Proper fit” means the lap belt of the safety belt or safety harness is positioned low across the thighs and the shoulder belt is positioned over the collarbone and away from the neck. The child safety system shall meet the minimum standards and specifications established by the Department of Transportation under ORS 815.055 for child safety systems designed for children weighing between 40 and 60 pounds; or(c) A person who is at least six years of age and weighs 60 pounds or more must be properly secured with a safety belt or safety harness that meets requirements under ORS 815.055.(3) If the rear seat of a vehicle is not equipped with shoulder belts, the requirements of subsection (2)(b) of this section do not apply provided the person is secured by a lap belt.(4) The offense described in this section, failure to use safety belts, is a Class D traffic violation. [1985 c.16 §309; 1985 c.619 §1; 1991 c.2 §1; 1993 c.153 §1; 1993 c.751 §112; 2001 c.679 §1; 2003 c.159 §1]

811.215 Exemptions from safety belt requirements. ORS 811.210 does not apply to:(1) Privately owned commercial vehicles, as defined in ORS 801.210. The exemption in this subsection does not apply to vehicles commonly known as pickup trucks that have a combined weight of less than 8,000 pounds or to motor carriers, as defined in ORS 825.005, when operating in interstate commerce.(2) Any vehicle not required to be equipped with safety belts or safety harnesses at the time the vehicle was manufactured, unless safety belts or safety harnesses have been installed in the vehicle.(3) Any vehicle exempted by ORS 815.080 from requirements to be equipped upon sale with safety belts or safety harnesses.(4) Any person for whom a certificate is issued by the Department of Transportation under ORS 811.220.(5) Any person who is a passenger in a vehicle if all seating positions in the vehicle are occupied by other persons.(6) Any person who is being transported while in the custody of a police officer or any law enforcement agency.(7) Any person who is delivering newspapers or mail in the regular course of work.(8) Any person who is riding in an ambulance for the purpose of administering medical aid to another person in the ambulance, if being secured by a safety belt or safety harness would substantially inhibit the administration of medical aid.(9) Any person who is reading utility meters in the regular course of work.(10) Any person who is employed to operate a vehicle owned by a mass transit district while the vehicle is being used for the transportation of passengers in the public transportation system of the district.(11) Any person who is collecting solid waste or recyclable materials in the regular course of work.

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PENNSYLVANIA

http://www.pacode.com/secure/data/067/chapter102/chap102toc.html

§ 102.1. Purpose. (a) Section 4581 of the act (relating to restraint systems) requires all children under 8 years of age traveling anywhere in a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor home be fastened securely in a child passenger restraint system or child booster seat. (b) Section 4581 also provides that exemptions will be allowed if it is determined, according to the rules and regulations of the Department, that the use of a child passenger restraint system or child booster seat would be impractical for physical reasons including, but not limited to, medical reasons or the size of the child. (c) This chapter establishes the criteria determining when use of a child passenger restraint system is impractical. § 102.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act—75 Pa.C.S. § § 101—9910 (relating to Vehicle Code).

Child booster seat—A child passenger restraint system or a belt positioning seat designed and manufactured to meet Federal motor vehicle safety standards in 49 CFR 571.213 (relating to child restraint systems) to position a child to properly sit in a Federally-approved safety seat belt system.

Child passenger restraint system—A device or system to enhance the safety of children in motor vehicles which is designed and manufactured for use in motor vehicles equipped with a safety seat belt system and which meets the Federal motor vehicle safety standards in 49 CFR 571.213.

Department—The Department of Transportation of the Commonwealth. § 102.3. Physical criteria for use of child passenger restraint system. (a) General criteria. Children under 4 years of age shall be securely fastened in a safety seat belt system and a child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer. Children 4 years of age but younger than 8 years of age shall be securely fastened in a safety seat belt system and an appropriately fitting child booster seat in accordance with the recommendations of the manufacturer. (b) Exemption based on child’s weight or height, or on vehicle characteristics. Exemption from the general criteria in subsection (a) shall be as follows: (1) Children 4 years of age but younger than 8 years of age who weigh less than 40 pounds may, in lieu of use of a booster seat, be securely fastened in a child safety seat or other child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer. (2) Children 4 years of age but younger than 8 years of age riding in a passenger position in the vehicle which was not originally equipped with a shoulder safety seat belt shall be fastened in the safety seat belt system without the use of a child booster seat and may be fastened in a child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer. (3) Children 4 years of age but younger than 8 years of age who weigh more than 80 pounds or who are of a height of 4 feet 9 inches or taller may be fastened in the safety seat belt system without the use of a child booster seat. § 102.4. Medical exemption from use of child passenger restraint system. (a) Exemption from the use of a child passenger restraint system for medical reasons may be obtained upon written certification by a physician that use of a child passenger restraint system is impractical. The certification shall be made on a form developed by the Department which shall requires the following information: (1) The physician’s name and practice address. (2) The date the form was completed. (3) The name, age and weight of the child. (4) The medical or physical reasons that the use of a particular child passenger restraint system or systems is impractical. (5) A recommendation of the type of restraint the child should be fastened into or a statement that no appropriate restraint system is known. (6) A recommendation regarding the length of time the exemption should extend, or a statement of the conditions under which the exemption should be lifted. (7) Other information deemed relevant by the physician, such as whether the child can be fastened into the child passenger restraint system but for only limited periods of time. (b) The completed form shall be in the possession of the vehicle operator whenever the child is being transported.

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RHODE ISLAND

http://www.rilin.state.ri.us/Statutes/TITLE31/31-22/31-22-22.HTM

§ 31-22-22 Safety belt use – Child restraint. [Effective until July 1, 2005.]. – (a) Any person transporting a child under the age of seven (7), less than fifty-four (54) inches in height and less than eighty (80) pounds in a motor vehicle operated on the roadways, streets, or highways of this state, shall transport the child in any rear seating position of the motor vehicle properly restrained in a child restraint system approved by the United States Department of Transportation under Federal Standard 213. If the child is under seven (7) years old but at least fifty-four (54) inches in height, or at least eighty (80) pounds the child shall be properly wearing a safety belt and/or shoulder harness approved by the Department of Transportation pursuant to Federal Standard 208 in any rear seating position of the motor vehicle. For the purpose of this section, applying to all parts of this section, "rear seating position' means any seating positions located behind the driver and front seat passenger. Under this subsection, a child must be properly restrained in the front seat if: (i) The vehicle is not equipped with a back seat; or (ii) All rear seating positions are being utilized by other children. (2) In no event shall failure to wear a child restraint system or safety belt be considered as contributory or comparative negligence, nor the failure to wear the child restraint system, seat belt and/or shoulder harness be admissible as evidence in the trial of any civil action. (b) Any operator of a motor vehicle transporting a child between the ages of seven (7) through twelve (12) in any seating position within a motor vehicle operated on the roadways, streets, or highways of the state shall ensure that the passenger is properly wearing a safety belt and/or shoulder harness system, as defined by Federal Standard 208. (2) This subsection applies only to those motor vehicles required by federal law to have safety belts. (c) Any person deemed in violation of subsection (a) of this section shall be issued a citation. If the cited person presents proof of purchase of a federally approved child restraint system under Standard 213 to the issuing police department within seven (7) days of issuance, the department shall void the violation. If the individual fails to present proof of purchase, he or she shall be required to appear for a hearing before the traffic tribunal, and shall be fined seventy-five dollars ($75) for each offense, and it shall not be recorded on the person's driving record within the rules and regulations governing chapter 41.1 of this title. (2) Any person violating subsection (b) of this section shall be fined seventy-five dollars ($75) for each offense. The conviction shall not be recorded on that person's driving record within the rules and regulations governing chapter 41.1 of this title. (d) Notwithstanding the provisions of subsection (a) of this section, any person transporting a child properly restrained in a federally approved child restraint system under Federal Standard 213, but transporting the child in a place other than a rear seating position, in violation of subsection (a) of this section, shall be subject only to the fine contained in subdivision (c)(2) of this section. (e) All fines collected for violations of this section shall be payable to the state of Rhode Island. Fifty percent (50%) of the proceeds shall be shared with the municipality whose law enforcement department issued the citation for the violations. (f) Any operator of a motor vehicle transporting a person thirteen (13) years of age and older in any seating position of a motor vehicle operated on the roadways, streets or highways of this state shall ensure that the person be properly wearing a safety belt and/or shoulder harness system, as defined by Federal Motor Vehicle Safety Standard 208. (2) The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts. (g) Any person who is an operator of a motor vehicle shall be properly wearing a safety belt and/or shoulder harness system as defined by Federal Motor Vehicle Safety Standard 208 while the vehicle is in operation on any of the roadways, streets, or highways of this state. (2) The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts. (h) In no event shall failure to be properly restrained by a child restraint system or safety belt be considered as negligence, nor the failure to be properly restrained by the child restraint system or safety belt be admissible as evidence in the trial of any civil action. (i) The provisions of subsections (b), (f) and (g) of this section shall not apply to a driver or passenger of: (1) A passenger motor vehicle manufactured before July 1, 1966; (2) A passenger motor vehicle in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons. The verification time period shall not exceed twelve (12) months at which time a new verification may be issued; (3) A passenger motor vehicle which is not required to be equipped with a safety seat belt system under federal laws; or (4) A passenger motor vehicle operated by a letter carrier of the United States Postal Service while performing the duties of a letter carrier. (j) A program of public information and education designed to educate the motoring public to the benefits of wearing safety belt systems, shall be developed by the department of transportation's governor's office on highway safety. The department of transportation's office on highway safety, in cooperation with the department of health, shall study the effectiveness of the implementation of this section and shall submit to the general assembly a report containing its findings by July 1, 1999. (k) Violations of subsections (f) and (g) of this section shall be considered secondary offenses and no motor vehicle may be stopped by any state or municipal law enforcement agency for failure of an operator or passenger to wear a safety belt system or for any violation of subsections (f) or (g) of this section; provided, that a motor vehicle may be stopped for failure to comply with the child restraint system as described in subsections (a) and (b) of this section. (l) Any person violating subsection (f) or (g) of this section shall be fined seventy-five dollars ($75.00). Any conviction for violating subsection (f) or (g) of this section shall not be recorded on that person's driving record within the rules and regulations governing chapter 41.1 of this title.

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SOUTH CAROLINA

SECTION 56-5-6410. Child passenger restraint systems; age and weight as basis for required restraining system; standards. [SC ST SEC 56-5-6410]

Every driver of a motor vehicle (passenger car, pickup truck, van, or recreational vehicle) operated on the highways and streets of this State when transporting a child five years of age or younger upon the public streets and highways of the State must provide an appropriate child passenger restraint system and must secure the child as follows:

(1) A child from birth up to one year of age or who weighs less than twenty pounds must be properly secured in a rear-facing child safety seat which meets the standards prescribed by the National Highway Traffic Safety Administration.

(2) A child who is at least one year of age but less than six years of age and who weighs at least twenty pounds but less than forty pounds must be secured in a forward-facing child safety seat provided in the motor vehicle which meets the standards prescribed by the National Highway Traffic Safety Administration.

(3) A child who is at least one year of age but less than six years of age and who weighs at least forty pounds but not more than eighty pounds must be secured by a belt-positioning booster seat. The belt-positioning booster seat must be used with both lap and shoulder belts. A booster seat must not be used with a lap belt alone.

(4) If a child is at least one year of age but less than six years of age and weighs more than eighty pounds, the child may be restrained in an adult safety belt. If a child less than six years of age can sit with his back straight against the vehicle seat back cushion, with his knees bent over the vehicle's seat edge without slouching, the child may be seated in the regular back seat and secured by an adult safety belt.

(5) A child who is less than six years of age must not occupy a front passenger seat of a motor vehicle. This restriction does not apply if the motor vehicle does not have rear passenger seats or if all rear passenger seats are occupied by other children less than six years of age.

Any child restraint system of a type sufficient to meet the physical standards prescribed by the National Highway Traffic Safety Administration at the time of its manufacture is sufficient to meet the requirements of this article.

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SOUTH DAKOTA

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=32-37-2

32-37-1. Use of system required--Violation as petty offense. Any operator of any passenger vehicle transporting a child under five years of age on the streets and highways of this state shall properly secure the child in a child passenger restraint system according to its manufacturer's instructions. The child passenger restraint system shall meet Department of Transportation Motor Vehicle Safety Standard 213 as in effect January 1, 1981. The requirements of this section are met if the child is under five years of age and is at least forty pounds in weight by securing the child in a seat belt. An operator who violates this section commits a petty offense.32-37-1.1. Operator to assure that passengers between ages five and eighteen wear seat belts. Any operator of a passenger vehicle operated on a public street or highway in this state transporting a passenger who is at least five and under eighteen years of age shall assure that the passenger is wearing a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.32-37-1.2. Certain operators required to wear seat belts. Any operator of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.32-37-1.3. Passengers between ages fourteen and eighteen required to wear seat belts. Any passenger of any passenger vehicle operated on a public street or highway in this state, who is at least fourteen years of age and under eighteen years of age, shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times when the vehicle is in motion. A violation of this section is a petty offense.32-37-2. Exemptions. The provisions of this chapter do not apply in passenger cars manufactured before 1966 that have not been equipped with seat belts.

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TENNESSEE

55-9-602. Child passenger restraint systems - Violations - Penalties.

(a) (1) Any person transporting any child, under one (1) year of age, or any child, weighing twenty pounds (20 lbs.) or less, in a motor vehicle upon a road, street or highway of Tennessee is responsible for the protection of the child and properly using a child passenger restraint system in a rear facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions. (2) Notwithstanding the provisions of § 55-9-603, any person transporting any child, one (1) through three (3) years of age weighing greater than twenty pounds (20 lbs.), in a motor vehicle upon a road, street or highway of Tennessee is responsible for the protection of the child and properly using a child passenger restraint system in a forward facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions. (3) Notwithstanding the provisions of § 55-9-603, any person transporting any child, four (4) through eight (8) years of age and measuring less than five feet (5') in height, in a passenger motor vehicle upon a road, street or highway of Tennessee is responsible for the protection of the child and properly using a belt positioning booster seat system, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions. (4) (A) If a child is not capable of being safely transported in a conventional child passenger restraint system as provided for in this subsection (a), a specially modified, professionally manufactured restraint system meeting the intent of this subsection (a) shall be in use; provided, however, that the provisions of this subdivision (a)(4) shall not be satisfied by use of the vehicle's standard lap or shoulder safety belts independent of any other child passenger restraint system. A motor vehicle operator who is transporting a child in a specially modified, professionally manufactured child passenger restraint system shall possess a copy of the physician's signed prescription that authorizes the professional manufacture of the specially modified child passenger restraint system. (B) A person shall not be charged with a violation of this subsection (a) if such person presents a copy of the physician's prescription in compliance with the provisions of this subdivision (a)(4) to the arresting officer at the time of the alleged violation. (C) A person charged with a violation of this subsection (a) may, on or before the court date, submit a copy of the physician's prescription and evidence of possession of a specially modified, professionally manufactured child passenger restraint system to the court. If the court is satisfied that compliance was in effect at the time of the violation, the charge for violating the provisions of this subsection (a) may be dismissed. (b) All passenger vehicle rental agencies doing business in the state of Tennessee shall make available at a reasonable rate to those renting such vehicles an approved restraint as described in subsection (a). (c) (1) A violation of this section is a Class C misdemeanor. (2) In addition to or in lieu of the penalty imposed under subdivision (c)(1), persons found guilty of a first offense of violating this section may be required to attend a court approved offenders' class designed to educate offenders on the hazards of not properly transporting children in motor vehicles. A fee may be charged for such classes sufficient to defray all costs of providing such classes. (d) Any incorporated municipality may by ordinance adopt by reference any of the provisions of this section, it being the legislative intent to promote the protection of children wherever and whenever possible. (e) Prior to the initial discharge of any newborn child from a health care institution offering obstetrical services, such institution shall inform the parent that use of a child passenger restraint system is required by law. Further, the health care institution shall distribute to the parent related information provided by the department of safety. (f) (1) There is established within the general fund a revolving special account to be known as the child safety fund, hereinafter referred to as the "fund." (2) All fines imposed by this section shall be sent by the clerk of the court to the state treasurer for deposit in the fund. (3) Any unencumbered funds and any unexpended balance of this fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward until expended in accordance with the provisions of this section and § 55-9-610. (4) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. (5) Disbursements from, investments of and deposits to the fund shall be administered and invested pursuant to the provisions of title 9, chapter 4, part 5. (6) The state treasurer may deduct reasonable service charges from the fund pursuant to procedures established by the state treasurer and the commissioner of finance and administration. (7) The department of health is authorized, pursuant to duly promulgated rules and regulations, to determine equitable distribution of the moneys in the fund to those entities that are best suited for child passenger safety system distribution. Funds distributed pursuant to the provisions of this section shall only be used for the purchase of child passenger safety systems to be loaned or given to the parent or guardian. (g) (1) (A) Notwithstanding the provisions of § 55-9-603, any person transporting any child, nine (9) through twelve (12) years of age, or any child through twelve (12) years of age, measuring five feet (5') or more in height, in a passenger motor vehicle upon a road, street or highway of Tennessee is responsible for the protection of the child and properly using a seat belt system meeting federal motor vehicle safety standards. It is recommended that any such child be placed in the rear seat if available. (B) Notwithstanding the provisions of § 55-9-603, any person transporting any child, thirteen (13) through fifteen (15) years of age, in a passenger motor vehicle upon a road, street or highway of Tennessee is responsible for the protection of the child and properly using a passenger restraint system, including safety belts, meeting federal motor vehicle safety standards. (2) A person charged with a violation of this subsection (g) may, in lieu of appearance in court, submit a fine of fifty dollars ($50.00) to the clerk of the court which has jurisdiction of such offense within the county in which the offense charged is alleged to have been committed. (3) No litigation tax levied pursuant to the provisions of title 67, chapter 4, part 6, shall be imposed or assessed against anyone convicted of a violation of this subsection (g), nor shall any clerk's fee or court costs, including but not limited to any statutory fees of officers, be imposed or assessed against anyone convicted of a violation of this subsection (g). (4) (A) Notwithstanding any provision of subsection (f) to the contrary, the revenue generated by ten dollars ($10.00) of the fifty dollar ($50.00) fine under subdivision (g)(2) for a person's first conviction under this subsection (g), shall be deposited in the state general fund without being designated for any specific purpose. The remaining forty dollars ($40.00) of such fifty dollar ($50.00) fine for a person's first conviction under this subsection (g) shall be deposited to the child safety fund in accordance with subsection (f). (B) The revenue generated from such person's second or subsequent conviction under this subsection (g) shall be deposited to the child safety fund in accordance with subsection (f). (5) Notwithstanding any provision of law to the contrary, no more than one (1) citation may be issued for a violation of this subsection per vehicle per occasion. If the driver is neither a parent nor legal guardian of the child and the child's parent or legal guardian is present in the vehicle, the parent or legal guardian is responsible for ensuring that the provisions of this subsection (g) are complied with. If no parent or legal guardian is present at the time of the violation, the driver is solely responsible for compliance with this subsection (g). (h) As used in this section, unless specified otherwise, "passenger motor vehicle" means any motor vehicle with a manufacturer's gross vehicle weight rating of ten thousand pounds (10,000 lbs.) or less, that is not used as a public or livery conveyance for passengers. "Passenger motor vehicle" does not apply to motor vehicles which are not required by federal law to be equipped with safety belts. (i) A person who has successfully met the minimum required training standards for installation of child restraint devices established by the national highway traffic safety administration of the United States department of transportation, who in good faith installs or inspects the installation of a child restraint device shall not be liable for any damages resulting from any act or omission related to such installation or inspection unless such act or omission was the result of the person's gross negligence or willful misconduct. (j) Notwithstanding any provisions of this part to the contrary, for any child transported by child care agencies licensed by the department of human services pursuant to title 71, chapter 3, part 5 and transported pursuant to the rules and regulations of such department, such rules and regulations shall remain effective until the department amends such rules and regulations; provided, however, that the department shall either promulgate rules consistent with the provisions of this part or promulgate rules exceeding, based on applicable federal regulations or standards, the provisions of this part no later than January 1, 2007. (k) (1) The failure to use a child restraint system shall not be admissible into evidence in a civil action; provided, however, that evidence of a failure to use a child restraint system, as required by this section, may be admitted in a civil action as to the causal relationship between noncompliance and the injuries alleged, if the following conditions have been satisfied: (A) The plaintiff has filed a products liability claim; (B) The defendant alleging noncompliance with this section shall raise this defense in its answer or timely amendment thereto in accordance with the rules of civil procedure; and (C) Each defendant seeking to offer evidence alleging noncompliance with this section has the burden of proving noncompliance with this section, that compliance with this section would have reduced injuries and the extent of the reduction of such injuries. (2) Upon request of any party, the trial judge shall hold a hearing out of the presence of the jury as to the admissibility of such evidence in accordance with the provisions of this subsection (k) and the Tennessee Rules of Evidence. (3) Notwithstanding any provision of this subsection (k) to the contrary, if a party to the civil action is not the parent or legal guardian, then evidence of a failure to use a child restraint system, as required by this section, may be admitted in such action as to the causal relationship between noncompliance and the injuries alleged.

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TEXAS

http://www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=ZWDTFAUMTIGY&CQ_QUERY_HANDLE=125078&CQ_CUR_DOCUMENT=5&CQ_TLO_DOC_TEXT=YES

§ 545.412. CHILD PASSENGER SAFETY SEAT SYSTEMS; OFFENSE.

Subsection (a) as amended by Acts 2001, 77th Leg., ch. 618, § 1

(a) A person commits an offense if the person operates a passenger car or light truck and transports a child who is younger than five years of age and less than 36 inches in height and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system

Subsection (a) as amended by Acts 2001, 77th Leg., ch. 910, § 1

(a) A person commits an offense if the person operates a passenger vehicle, transports a child who is younger than four years of age or less than 36 inches in height, and does not keep the child secured during the operation of the vehicle in a child passenger safety seat system according to the instructions of the manufacturer of the safety seat system.(b) An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200.(c) It is a defense to prosecution under this section that the person was operating the vehicle in an emergency or for a law enforcement purpose.(d) Repealed by Acts 2003, 78th Leg., ch. 204, § 8.01. (e) This section does not apply to a person: (1) operating a vehicle transporting passengers for hire; or (2) transporting a child in a vehicle in which all seating positions equipped with child passenger safety seat systems or safety belts are occupied.(f) In this section: (1) "Child passenger safety seat system" means an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration.(2) "Passenger vehicle" means a passenger car, light truck, sport utility vehicle, truck, or truck tractor.(3) "Safety belt" means a lap belt and any shoulder straps included as original equipment on or added to a vehicle.(4) "Secured," in connection with use of a safety belt, means using the lap belt and any shoulder straps according to the instructions of:(A) the manufacturer of the vehicle, if the safety belt is original equipment; or(B) the manufacturer of the safety belt, if the safety belt has been added to the vehicle.(g) A judge, acting under Article 45.0511, Code of Criminal Procedure, who elects to defer further proceedings and to place a defendant accused of a violation of this section on probation under that article, in lieu of requiring the defendant to complete a driving safety course approved by the Texas Education Agency, shall require the defendant to attend and present proof that the defendant has successfully completed a specialized driving safety course approved by the Texas Education Agency under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) that includes four hours of instruction that encourages the use of child passenger safety seat systems and the wearing of seat belts and emphasizes:(1) the effectiveness of child passenger safety seat systems and seat belts in reducing the harm to children being transported in motor vehicles; and(2) the requirements of this section and the penalty for noncompliance. (h) Notwithstanding Section 542.402(a), a municipality or county, at the end of the municipality's or county's fiscal year, shall send to the comptroller an amount equal to 50 percent of the fines collected by the municipality or the county for violations of this section. The comptroller shall deposit the amount received to the credit of the tertiary care fund for use by trauma centers.

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UTAH

41-6a-1803. Driver and passengers -- Seat belt or child restraint device required.

(1) The operator of a motor vehicle operated on a highway shall: (a) wear a properly adjusted and fastened safety belt; (b) provide for the protection of each person younger than five years of age by using a child restraint device to restrain each person in the manner prescribed by the manufacturer of the device; and (c) provide for the protection of each person five years of age up to 16 years of age by: (i) using an appropriate child restraint device to restrain each person in the manner prescribed by the manufacturer of the device; or (ii) securing, or causing to be secured, a properly adjusted and fastened safety belt on each person. (2) A passenger who is 16 years of age or older of a motor vehicle operated on a highway shall wear a properly adjusted and fastened safety belt. (3) If more than one person is not using a child restraint device or wearing a safety belt in violation of Subsection (1), it is only one offense and the driver may receive only one citation. (4) For a person 19 years of age or older who violates Subsection (1)(a) or (2), enforcement by a state or local law enforcement officer shall be only as a secondary action when the person has been detained for a suspected violation of Title 41, Motor Vehicles, other than Subsection (1)(a) or (2), or for another offense.

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VERMONT

http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=23&Chapter=013&Section=01258

§ 1258. Child restraint systems; persons under age 16(a) No person shall operate a motor vehicle, other than a type I school bus, in this state upon a public highway unless every occupant under age 16 is properly restrained in a federally-approved child passenger restraining system as defined in 49 C.F.R. § 571.213 (1993) or a federally-approved safety belt, as follows:(1) all children under the age of one, and all children weighing less than 20 pounds, regardless of age, shall be restrained in a rear-facing position, properly secured in a federally-approved child passenger restraining system, which shall not be installed in front of an active air bag;(2) a child weighing more than 20 pounds, and who is one year of age or older and under the age of eight years, shall be restrained in a child passenger restraining system; and(3) a child eight through 15 years of age shall be restrained in a safety belt system or a child passenger restraining system.(b) A person shall not be adjudicated in violation of this section if:(1) the motor vehicle is regularly used to transport passengers for hire except a motor vehicle owned or operated by a day care facility; or(2) the motor vehicle was manufactured without safety belts.(c) The penalty for violation of this section shall be as follows:(1) $25.00 for a first violation;(2) $50.00 for a second violation;(3) $100.00 for third and subsequent violations. (Added 1983, No. 96 (Adj. Sess.), § 2; amended 1987, No. 49; 1989, No. 167 (Adj. Sess.); 1993, No. 20, § 1; 1993, No. 119 (Adj. Sess.), § 1; 2003, No. 28, § 1, eff. Jan. 1, 2004.)

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VIRGINIA

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1095

§ 46.2-1095. Child restraint devices required when transporting certain children; safety belts for other children less than sixteen years old required; penalty. A. Any person who drives on the highways of Virginia any motor vehicle manufactured after January 1, 1968, shall ensure that any child, through age five, whom he transports therein is provided with and properly secured in a child restraint device of a type which meets the standards adopted by the United States Department of Transportation. B. Any person transporting any child less than sixteen years old, except for those required pursuant to subsection A to be secured in a child restraint device, shall ensure that such child is provided with and properly secured by an appropriate safety belt system when driving on the highways of Virginia in any motor vehicle manufactured after January 1, 1968, equipped or required by the provisions of this title to be equipped with a safety belt system, consisting of lap belts, shoulder harnesses, combinations thereof or similar devices. C. A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages in a civil action. D. A violation of this section may be charged on the uniform traffic summons form. E. Nothing in this section shall apply to taxicabs, school buses, executive sedans, limousines, or the rear cargo area of vehicles other than pickup trucks.

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WASHINGTON

RCW 46.61.687Child passenger restraint required -- Conditions -- Exceptions -- Penalty for violation -- Dismissal -- Noncompliance not negligence.(1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, the driver of the vehicle shall keep the child properly restrained as follows:(a) If the child is less than six years old and/or sixty pounds and the passenger seating position equipped with a safety belt system allows sufficient space for installation, then the child will be restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system;

(b) If the child is less than one year of age or weighs less than twenty pounds, the child shall be properly restrained in a rear-facing infant seat;

(c) If the child is more than one but less than four years of age or weighs less than forty pounds but at least twenty pounds, the child shall be properly restrained in a forward facing child safety seat restraint system;

(d) If the child is less than six but at least four years of age or weighs less than sixty pounds but at least forty pounds, the child shall be properly restrained in a child booster seat;

(e) If the child is six years of age or older or weighs more than sixty pounds, the child shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body or an appropriately fitting booster seat; and

(f) Enforcement of (a) through (e) of this subsection is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a booster seat must ensure that the seat belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. The visual inspection for the usage of a seat belt by a child must ensure that the lap belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. In determining violations, consideration to the above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection. The driver of a vehicle transporting a child who is under the age of six years old or weighs less than sixty pounds, when the vehicle is equipped with a passenger side air bag supplemental restraint system, and the air bag system is activated, shall transport the child in the back seat positions in the vehicle where it is practical to do so.

(2) A person violating subsection (1)(a) through (e) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.

(3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.

(4) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.

(5) As used in this section "child booster seat" means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 that is designed to elevate a child to properly sit in a federally approved lap/shoulder belt system.

(6) The requirements of subsection (1)(a) through (e) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.

[2000 c 190 º 2; 1994 c 100 º 1; 1993 c 274 º 1; 1987 c 330 º 745; 1983 c 215 º 2.]

NOTES:

Intent -- 2000 c 190: "The legislature recognizes that fewer than five percent of all drivers use child booster seats for children over the age of four years. The legislature also recognizes that seventy-one percent of deaths resulting from car accidents could be eliminated if every child under the age of sixteen used an appropriate child safety seat, booster seat, or seat belt. The legislature further recognizes the National Transportation Safety Board's recommendations that promote the use of booster seats to increase the safety of children under eight years of age. Therefore, it is the legislature's intent to decrease deaths and injuries to children by promoting safety education and injury prevention measures, as well as increasing public awareness on ways to maximize the protection of children in vehicles." [2000 c 190 º 1.]

Short title -- 2000 c 190: "This act may be known and cited as the Anton Skeen Act." [2000 c 190 º 5.]

Effective date -- 2000 c 190: "This act takes effect July 1, 2002." [2000 c 190 º 6.]

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WEST VIRGINIA

§17C-15-46. Child passenger safety devices required; child safety seats and booster seats.Every driver who transports a child under the age of nine years in a passenger automobile, van or pickup truck other than one operated for hire shall, while such motor vehicle is in motion and operated on a street or highway of this state, provide for the protection of such child by properly placing, maintaining and securing such child in a child passenger safety device system meeting applicable federal motor vehicle safety standards: Provided, That if a child is at least four years of age or at least forty pounds in weight, a safety belt shall be sufficient to meet the requirements of this section.Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten dollars nor more than twenty dollars.A violation of this section shall not be deemed by virtue of such violation to constitute evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section and to this end the subsections of this section are declared to be severable.If all seat belts in a vehicle are being used at the time of examination by a law officer and the vehicle contains more passengers than the total number of seat belts or other safety devices as installed in compliance with federal motor vehicle safety standards, the driver shall not be considered as violating this section.

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WISCONSIN

347.48 Safety belts and child safety restraint systems.(1) SAFETY BELTS REQUIRED. (a) No person may buy, sell, lease,trade or transfer a motor vehicle other than an automobile at retail from or to Wisconsin residents unless the vehicle is equipped with safety belts installed for use as required under 49 CFR 571, and no such vehicle may be operated in this state unless such belts remain installed.(b) No person may buy, sell, lease, trade or transfer an automobile that is required under 49 CFR 571 to be equipped with safety belts from or to a resident of this state unless the front designated seating positions of the automobile are equipped with safety belts installed for use as required under 49 CFR 571 and unless each rear outboard designated seating position of the automobile is equipped with a safety belt consisting of a combination of a pelvic and upper torso restraint that conforms to standards for a Type 2 seat belt assembly under 49 CFR 571.209, and no automobile may be operated in this state unless such belts remain installed. Nothing in this section applies to antique reproductions.(2) TYPE AND MANNER OF INSTALLING. All such safety beltsmust be of a type and must be installed in a manner approved bythe department. The department shall establish specifications andrequirements for approved types of safety belts and attachmentsthereto. The department will accept, as approved, all seat beltinstallations and the belt and anchor meeting the society of automotive engineers’ specifications.(2m) REQUIRED USE. (a) In this subsection, “properlyrestrained” means wearing a safety belt approved by the department under sub. (2) and fastened in a manner prescribed by the manufacturer of the safety belt which permits the safety belt to act as a body restraint.(b) If a motor vehicle is required to be equipped with safetybelts in this state, no person may operate that motor vehicle unless the person is properly restrained in a safety belt.(c) If a motor vehicle is required to be equipped with safetybelts in this state, no person may operate that motor vehicle unless he or she reasonably believes that each passenger who is at least 4 years old and not more than 15 years old and who is seated at a designated seating position in the front seat required under 49 CFR 571 to have a safety belt installed or at a designated seating position in the seats, other than the front seats, for which a shoulder harness has been installed is properly restrained.(d) If a motor vehicle is required to be equipped with safetybelts in this state, no person who is at least 4 years old and who is seated at a designated seating position in the front seat required under 49 CFR 571 to have a safety belt installed or at a designated seating position in the seats, other than the front seats, for which a shoulder harness has been installed may be a passenger in that motor vehicle unless the person is properly restrained.(dm) Paragraphs (b), (c) and (d) do not apply to the operationof an authorized emergency vehicle by a law enforcement officeror other authorized operator under circumstances in which compliance could endanger the safety of the operator or another.(dr) Paragraph (b) does not apply to the operator of a vehiclewhile on a route which requires the operator to make more than 10stops per mile involving an exit from the vehicle in the scope ofhis or her employment. Paragraphs (c) and (d) do not apply to apassenger while on a route which requires the passenger to makemore than 10 stops per mile involving an exit from the vehicle inthe scope of his or her employment.(e) The department shall, by rule, exempt from the requirementsunder pars. (b) to (d) persons who, because of a physical ormedical condition, cannot be properly restrained in a safety belt.Cross Reference: See also ch. Trans 315, Wis. adm. code.(f) 1. This subsection does not apply if the motor vehicle is ataxicab or is not required to be equipped with safety belts undersub. (1) or 49 CFR 571.2. This subsection does not apply to a privately owned motorvehicle while being operated by a rural letter carrier for the delivery of mail or while being operated by a delivery person for the delivery of newspapers or periodicals.3. This subsection does not apply to a motor vehicle whilebeing operated by a land surveying crew while conducting a landsurvey along or upon the highway.7. This subsection does not apply to a farm truck or dual purposefarm truck while being used in conjunction with the plantingor harvesting of crops and not being operated upon the highway.(g) Evidence of compliance or failure to comply with par. (b),(c) or (d) is admissible in any civil action for personal injuries or property damage resulting from the use or operation of a motor vehicle. Notwithstanding s. 895.045, with respect to injuries or damages determined to have been caused by a failure to comply with par. (b), (c) or (d), such a failure shall not reduce the recovery for those injuries or damages by more than 15%. This paragraph does not affect the determination of causal negligence in the action.(gm) Notwithstanding s. 349.02, a law enforcement officermay not stop or inspect a vehicle solely to determine compliancewith this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department.This paragraph does not limit the authority of a law enforcementofficer to issue a citation for a violation of this subsection orsub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department observed in the course of a stop or inspection made for other purposes, except that a law enforcement officer may not take a person into physical custody solely for a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2)or rules of the department.(3m) SAFETY BELT INFORMATION PROGRAM. The departmentshall develop and administer a public information program to promote safety belt awareness and use.(4) CHILD SAFETY RESTRAINT SYSTEMS REQUIRED; STANDARDS;EXEMPTIONS. (a) 1. No person may transport a child under the ageof 4 in a motor vehicle unless the child is properly restrained in a child safety restraint system approved by the department. In this subdivision, “properly restrained” means fastened in a manner prescribed by the manufacturer of the system which permits the system to act as a body restraint but does not include a system in which the only body restraint is a safety belt of the type required under sub. (1). The department shall, by rule, establish standards in compliance with applicable federal standards for approved types of child safety restraint systems for those child restraint systems purchased after November 1, 1982.2. No person may transport a child who is at least 4 years oldbut less than 8 years old in a motor vehicle unless the child is properly restrained in a child safety restraint system approved by the department under subd. 1. or in a safety belt approved by the department under sub. (2). In this subdivision, “properlyrestrained” means fastened in a manner prescribed by the manufacturer of the system which permits the system to act as abody restraint.3. Notwithstanding subds. 1. and 2., a person other than theoperator of a motor vehicle transporting a child required to beproperly restrained under subd. 1. or 2. may temporarily removea child from a safety restraint system to attend to the personalneeds of the child under all of the following conditions:a. When the child safety restraint system is attached to a backpassenger seat.b. When the person attending to the child’s personal needs isseated in a back passenger seat.c. When the person physically restrains the child whileattending to the child’s personal needs.(b) The department may, by rule, exempt from the requirementsunder par. (a) any child who because of a physical or medicalcondition or body size cannot be placed in a child safetyrestraint system or safety belt.(c) This subsection does not apply if the motor vehicle is amotor bus, school bus, taxicab, moped, motorcycle or is notrequired to be equipped with safety belts under sub. (1) or 49 CFR 571.(d) Evidence of compliance or failure to comply with par. (a)is admissible in any civil action for personal injuries or property damage resulting from the use or operation of a motor vehicle but failure to comply with par. (a) does not by itself constitute negligence.

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WYOMING

31-5-1301. Short title.

This article is known and may be cited as the "Child Safety Restraint Act."

31-5-1302. Definitions.

(a) As used in this article:

(i) "Child safety restraint system" means any device which is designed to protect, hold or restrain a child in a privately owned, leased or rented noncommercial passenger vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident or sudden stop and which conforms to the standards prescribed by 49 C.F.R. 571.213 or to applicable federal motor vehicle safety standards in effect at the time of manufacture;

(ii) Repealed by Laws 2003, Ch. 197, § 2.

(iii) "Emergency vehicle" means any fire department vehicle, police, sheriff's department or highway patrol vehicle, civil defense vehicle, ambulance, hearse or other vehicle used primarily for emergency purposes;

(iv) "Motor vehicle" means every vehicle which is self-propelled;

(v) "Passenger vehicle" means a motor vehicle designed to carry people and that was equipped with safety belts at the time of manufacture, excluding:

(A) Emergency and law enforcement vehicles;

(B) School buses as defined under W.S. 31-5-102(a)(xlii), including buses registered to a private school or church used to transport children to or from school or church or in connection with school or church activities;

(C) Buses, or other vehicles designed and used for public transportation, whether intrastate or interstate, that were not equipped with safety belts at the time of manufacture.

(vi) Repealed By Laws 2003, Ch. 197, § 2.

(vii) Repealed By Laws 2003, Ch. 197, § 2.

31-5-1303. Child safety restraint system; required use; exception.

(a) Except as otherwise provided in subsection (b) of this section, no person shall operate a passenger vehicle in this state unless each child who is a passenger in that vehicle and who has not reached his ninth birthday is properly secured in a child safety restraint system in a seat of the vehicle other than the front seat, except if the vehicle is only equipped with one (1) row of seats, or if all safety belts in the rows of seats behind the front seat are in use by other child passengers in the vehicle, the child may be properly secured in a child safety restraint system in the front passenger seat of the vehicle, except that a rear-facing infant seat shall not be placed in front of an active airbag.

(b) Any child who is within the age requirements specified in subsection (a) of this section need not be properly secured in a child safety restraint system if:

(i) A licensed physician has determined that the weight or physical or medical condition of the child requires that the child not be secured in such a system. The person operating a passenger vehicle transporting such a child shall carry in the vehicle the physician's signed statement certifying that the child should not be secured in a child restraint system;

(ii) Repealed By Laws 1998, ch. 86, § 2.

(iii) Repealed By Laws 1998, ch. 86, § 2.

(iv) Repealed By Laws 1998, ch. 86, § 2.

(v) Repealed By Laws 1998, ch. 86, § 2.

(vi) The driver of the vehicle is rendering aid or assistance to the child or his parent or guardian;

(vii) The lap and shoulder belts of the vehicle will fit properly across the collarbone, chest and hips of the child and the belts do not pose a danger to the neck, face or abdominal area of the child in the event of a crash or sudden stop.

31-5-1304. Penalty.

(a) Any person who violates this article shall be issued a citation and fined not more than fifty dollars ($50.00) for the first offense, provided that the fine shall be waived by the court upon receipt of proof by the court that the offender, after the offense occurred, has purchased, leased or otherwise acquired a child safety restraint system which meets the requirements of this article. For a second or subsequent violation of this article, the offender shall be fined not more than one hundred dollars ($100.00).

(b) Any person who uses a child safety restraint system in a manner other than in accordance with the manufacturer's instructions is guilty of a violation of this article and shall be fined as provided in subsection (a) of this section.

31-5-1305. Limiting application.

Violation of this article does not constitute evidence of negligence or recklessness and does not constitute a basis for criminal prosecution except as set forth in this article.

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