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(A) Every operator and front seat passenger of a passenger car operated in this city shall wear a properly adjusted and fastened safety belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 C.F.R. § 571.208, Federal Motor Vehicle Safety Standard 208. For the purpose of this section, the term
PASSENGER CAR shall include the passenger compartment of pickups, vans, minivans, and sport utility vehicles. The term PASSENGER CAR shall not include trucks, truck-tractors, recreational vehicles, motorcycles, or motorized bicycles. The term PASSENGER CAR shall not include a vehicle used primarily for farm use which is registered and licensed pursuant to the provisions of 47 O.S. § 1134.
(B) This section shall not apply to an operator or passenger of any passenger car in which the operator or passenger possesses an exemption from the provisions of this section. The exemption shall be in the form of a restriction appearing on the driver’s license of the person and shall remain in effect until the expiration date of the driver’s license. Nothing in this subsection (B) shall be construed to prevent the person from applying for another exemption as provided for in this section. The issuance of an attestation by a physician and the subsequent issuance of an exemption by the State Commissioner of Public Safety, in good faith, shall not give rise to, nor shall the physician and the state thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of failure of the person to wear a safety seat belt system.
(C) This section shall not apply to an operator of a motor vehicle while performing official duties as a route carrier of the U.S. Postal Service.
(D) This section shall not apply to any passenger vehicle which was manufactured or assembled before the 1966 models, unless such vehicle is not equipped with a properly adjusted and fastened safety seat belt system.
(E) Fines and court costs for violating the provisions of this section shall not exceed $20.
(Prior Code, § 42-203) (Ord. 791, passed 2-20-1988; Ord. 825, passed 6-1-1988; Ord. 2002-849, passed 10-7-2002)
Statutory reference:
Mandatory Seat Belt Use Act, see 47 O.S. §§ 12-416 et seq.
(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
§§ 42-205 THROUGH 42-313. RESERVED.
Section
42-314. Authority to install
42-315. Uniform requirements
42-316. Obedience to traffic devices
42-317. When traffic devices required for enforcement purposes
42-318. Traffic control signal legend
42-319. Flashing signals
42-320. Pedestrian-activated school crossing signals
42-321. Pedestrian-actuated school crossing signals
42-322. Pedestrian control signals
42-323. Unauthorized traffic devices prohibited
42-324. Defacement of traffic devices
42-325. Play streets – Authority to establish
42-326. Same – Restriction on use
42-327. Designation of crosswalks and safety zones
42-328. Traffic lanes
42-329 through 42-359 reserved
Statutory reference:
Traffic control devices, see 47 O.S. §§ 11-201 et seq.
The City Council, by motion or resolution, shall have placed and maintained traffic control signs, signals, and devices when and as required under the traffic ordinances of this city to make effective the provisions of such ordinances, and may have placed and maintained such additional traffic control signs, signals, and devices as it may deem necessary to regulate traffic under the traffic ordinances of this city or under state law or to guide or warn traffic.
(Prior Code, § 42-314)
Statutory reference:
Traffic control devices, see 47 O.S. § 11-201
(A) All traffic control signs, signals, and devices shall conform to the Manual of Uniform Traffic Control Devices approved by the State Department of Public Safety.
(B) All signs, signals, and devices required hereunder for a particular purpose shall, so far as practicable, be uniform as to type and relative location throughout the city. All traffic control devices erected and not inconsistent with the provisions of state law or this article shall be official traffic control devices.
(Prior Code, § 42-315)
The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this article, unless otherwise directed by a traffic or police officer, subject to the exemptions granted the driver of an authorized emergency vehicle in this chapter.
(Prior Code, § 42-316)
Statutory reference:
Drivers to obey traffic devices, see 47 O.S. § 11-201(a)
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