(A) Every driver, when transporting a child under six 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 47 O.S. § 11-1113, the term
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 years of age but younger than 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; or
(5) The transportation of a child who weighs more than 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 40 pounds. Provided however, for purposes of this subsection, the term
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 subsection 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 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 subsections (A) or (B) above of this section shall be punished by a fine of $50 and shall pay all court costs therefor. Revenue from such fine shall be apportioned to the Department of Public Safety Revolving Fund and used by the state highway safety office to promote the use of child passenger restraint systems as provided in 47 O.S. § 11-1113. This fine shall be suspended and the court costs limited to a maximum of $15 in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system; provided the State Department of Public Safety shall not assess points to the driving record of any person convicted of a violation of this section.
(Prior Code, § 42-204)
Statutory reference:
Child passenger restraint system required for certain vehicles, see 47 O.S. § 11-1112