(A) For purposes of this section, occupant protection system has the meaning in Neb. RS 60-6,265.
(B) (1) Any person 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 the 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 the standard existed on 1-1-2004 and which is correctly installed in the vehicle; and
(b) All children six years of age and less than 18 years of age being transported by the vehicle use an occupant protection system.
(2) Division (B)(1) 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 the standard existed on 1-1-2004, 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.
(C) 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 division (B) shall be waived. The driver of any vehicle transporting 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 the waiver.
(D) The drivers of authorized emergency vehicles shall not be subject to the requirements of division (B) above when operating the authorized emergency vehicles pursuant to their employment.
(E) A driver of a motor vehicle shall not be subject to the requirements of division (B) 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.
(F) (1) A person violating any provision of division (B) is guilty of an offense. The failure to provide a child restraint system for more than one child in the same vehicle at the same time, as required in division (B) above, shall not be treated as a separate offense.
(2) Enforcement of division (B)(1)(b) shall be accomplished only as a secondary action when an operator of a motor vehicle has been cited or charged with a violation of some other offense unless the violation involved a person under the age of 18 years riding in or on any portion of the vehicle not designed or intended for the use of passengers when the vehicle is in motion.
(Prior Code, § 5-422) (Ord. 1-05, passed 1-10-2005) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 60-6,267, 60-6,268