(A) (1) For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
PASSENGER CAR. Shall mean VEHICLE as defined in 47 O.S. § 1102, except that PASSENGER CAR shall not include trucks, truck-tractors, recreational vehicles, motorcycles, motorized bicycles or vehicles used primarily for farm use and licensed pursuant to the provisions of 47 O.S. § 1134.
(2) Every operator and front-seat passenger of a passenger car operated in the city shall wear a properly adjusted and fastened safety belt system, required to be installed in the motor vehicle when manufactured pursuant to federal Motor Vehicle Safety Standard 208.
(B) Division (A) above shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in the state that he or she is unable to wear a safety belt system for medical reasons. The issuance of such verification by a physician in good faith shall not give rise to, nor shall such physician thereby incur, any liability whatsoever, in damages or otherwise, to any person injured by reason of such failure to wear a safety seat belt system.
(C) Division (A) above shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. Postal Service.
(D) The provisions of this section shall not apply to any vehicle that is not required to be equipped with seat belts under state or federal laws, or to emergency vehicles, or to children who, for medical reasons, are unable to be placed in such devices, or where the child weighs more than 40 pounds and is being transported in a back seat in a vehicle that is not equipped with combination lap and safety belts.
(E) Every driver, while transporting a child under the age of six years in a motor vehicle on the roadways, streets or highways within the corporate limits of the city, shall, for the purpose of protecting said child, properly use a CHILD SUPPORT RESTRAINT SYSTEM, being an infant or child passenger restraint system that meets the federal standards set by 49 C.F.R. § 571.213, as amended.
(F) Children at least six years of age but younger than 13 shall be protected by a child passenger restraint system or a seat belt.
(G) Law enforcement officers are authorized to stop a vehicle if it appears that the driver of the vehicle is violating the provisions of this section and to give an oral warning to said driver. The warning shall advise the driver of the dangers resulting from the failure to install and utilize child passenger restraint systems or seat belts in the motor vehicle.
(H) The failure of a driver to equip and utilize such a seat belt or child safety restraint system shall not be admissible in any civil action for damages, or in any manner to attempt to prove aggravation of damages in such a suit.
(I) The Department of Public Safety shall not record or assess points for a violation of this section on any license holder’s traffic record maintained by the Department.
(Prior Code, § 15-216) (Ord. 2005-6, passed 11-7-2005) Penalty, see § 72.99