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(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 Ohio R.C. 4511.01, that 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; and
(2) A child who weighs less than 40 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 owned, leased or otherwise under the control of a nursery school or child 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; and
(2) A child who weighs less than 40 pounds.
(C) When any child who is less than eight years of age and less than four feet nine inches in height, who is not required by divisions (A) or (B) above to be secured in a child restraint system, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Ohio R.C. 4511.01 or a vehicle that is regulated under Ohio R.C. 5104.015, that 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 on a booster seat that meets federal motor vehicle safety standards.
(D) When any child who is at least eight years of age, but not older than 15 years of age, and who is not otherwise required by divisions (A), (B) or (C) above to be secured in a child restraint system or booster seat, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in Ohio R.C. 4511.01, that 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 restrained either in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in Ohio R.C. 4513.263.
(E) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of divisions (C) or (D) above has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for a violation of divisions (C) or (D) above or causing the arrest of or commencing a prosecution of a person for a violation of divisions (C) or (D) above, and absent another violation of law, a law enforcement officer’s view of the interior or visual inspection of a motor vehicle being operated on any street or highway may not be used for the purpose of determining whether a violation of divisions (C) or (D) above has been or is being committed.
(F) The Director of Public Safety shall adopt such rules as are necessary to carry out this section.
(G) The failure of an operator of a motor vehicle to secure a child in a child restraint system, a booster seat or in an occupant restraining device, as required in 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.
(H) This section does not apply when an emergency exists that threatens the life of any person operating or occupying a motor vehicle that is being used to transport a child who otherwise would be required to be restrained under this section. This section does not apply to a person operating a motor vehicle who has an affidavit signed by a physician licensed to practice in this state under Ohio R.C. Ch. 4731 or a chiropractor licensed to practice in this state under Ohio R.C. Ch. 4734 that states that the child who otherwise would be required to be restrained under this section has a physical impairment that makes use of a child restraint system, booster seat or an occupant restraining device impossible or impractical; provided that, the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendations of the physician or chiropractor as noted on the affidavit.
(I) Nothing in this section shall be construed to require any person to carry with the person the birth certificate of a child to prove the age of the child, but the production of a valid birth certificate for a child showing that the child was not of an age to which this section applies is a defense against any ticket, citation or summons issued for violating this section.
(J) (1) Whoever violates divisions (A), (B), (C) or (D) above shall be punished as follows; provided that, the failure of an operator of a motor vehicle to secure more than one child in a child restraint system, booster seat or occupant restraining device as required by this section that occurred at the same time, on the same day and at the same location is deemed to be a single violation of this section:
(a) Except as otherwise provided in division (J)(1)(b) above, the offender is guilty of a minor misdemeanor and shall be fined not less than $25, nor more than $75.
(b) If the offender previously has been convicted of or pleaded guilty to a violation of divisions (A), (B), (C) or (D) above or of a state law or municipal ordinance that is substantially equivalent any of those divisions, the offender is guilty of a misdemeanor of the fourth degree.
(2) All fines imposed pursuant to division (J)(1) above shall be forwarded to the State Treasurer for deposit in the Child Highway Safety Fund created by Ohio R.C. 4511.81(I).
(ORC 4511.81(A) - (H), (K), (L))
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIR BAG. Has the same meaning as in 49 C.F.R. § 579.4, as amended.
COUNTERFEIT AIR BAG. An air bag displaying a mark identical or similar to the genuine mark of a motor vehicle manufacturer, without the authorization of the motor vehicle manufacturer.
NON-FUNCTIONAL AIR BAG. Any of the following:
(a) A replacement air bag that has been previously deployed or damaged;
(b) A replacement air bag that has an electrical fault that is detected by the air bag diagnostic system of a vehicle after the air bag is installed; and
(c) A counterfeit air bag, air bag cover or some other object that is installed in a vehicle to deceive an owner or operator of the vehicle into believing that a functional air bag has been installed.
(B) No person shall install or reinstall in any motor vehicle a counterfeit or non-functional air bag or any object intended to fulfill the function of an air bag other than an air bag that was designed in conformance with or that is regulated by Federal Motor Vehicle Safety Standard Number 208 for the make, model and model year of the vehicle, knowing that the object is not in accordance with that standard.
(C) No person shall knowingly manufacture, import, sell or offer for sale any of the following:
(1) A counterfeit air bag;
(2) A non-functional air bag; and
(3) Any other object that is intended to be installed in a motor vehicle to fulfill the function of an air bag and that is not in conformance with Federal Motor Vehicle Safety Standard Number 208 for the make, model, and model year of the vehicle in which the object is intended to be installed.
(D) No person shall knowingly sell, install or reinstall a device in a motor vehicle that causes the diagnostic system of a vehicle to inaccurately indicate that the vehicle is equipped with a functional air bag.
(E) (1) Whoever violates divisions (B) or (D) above is guilty of improper replacement of a motor vehicle air bag, a misdemeanor of the first degree on a first offense. On each subsequent offense, or if the violation results in serious physical harm to an individual, the person is guilty of a felony to be prosecuted under appropriate state law.
(2) A violation of division (C) above is a felony to be prosecuted under appropriate state law.
(3) Each manufacture, importation, installation, reinstallation, sale or offer for sale in violation of this section shall constitute a separate and distinct violation.
(ORC 4549.20)
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