(A) Restraint required. Every driver, when transporting a child under six years of age in a motor vehicle operated on the streets of the town, 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, 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. 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.
(B) Exemptions. 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) A driver of a vehicle if all of the seat belts in the vehicle are in use;
(4) The transportation of children who, for medical reasons, are unable to be placed in such devices; and/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 division (B)(5), BACK SEAT shall include all seats located behind the front seat of a vehicle operated by a licensed childcare facility or church; provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this division (B)(5) 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.
(C) Enforcement.
(1) 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 the 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.
(2) A person who violates this section shall not be subject to any criminal penalty.
(3) A violation of this section shall not be admissible as evidence in any civil action or proceeding for damages.
(4) 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 division (B) above shall not be used in aggravation or mitigation of damages.
(Prior Code, § 6-5-4) Penalty, see § 72.99