(A) Child passenger restraint system.
(1) Every driver, when transporting a child under six years of age in a motor vehicle operated on the roadways, streets, or highways of the 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, 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.
(2) 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.
(3) The provisions of this section shall not apply to:
(a) 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;
(b) The driver of an ambulance or emergency vehicle;
(c) The driver of a vehicle in which all of the seat belts are in use;
(d) The transportation of children who, for medical reasons are unable to be placed in such devices; or
(e) 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 (A)(1)(e), 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 (A)(1)(e) if, at the request of any law enforcement officer, the licensed childcare 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.
(4) 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.
(5) A violation of the provisions of this section shall not be admissible as evidence in any civil action or proceeding for damages.
(6) 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.
(Prior Code, § 15-541)
(B) Seat belts required for front seat passengers.
(1) Every operator and front seat passenger of a passenger car operated in the town shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard, No. 208, being found at 49 CFR § 571.208. For the purposes of this section, PASSENGER CAR shall not include trucks, truck-tractors, recreational vehicles, motorcycles, motorized bicycles, or vehicles used primarily for farm use and licensed pursuant to state law, 47 O.S. § 1134.
(2) This section 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 seat 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.
(3) This section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. Postal Service.
(4) No law enforcement officer shall make routine stops of motorists for the purpose of enforcing this section.
(Prior Code, § 15-542) Penalty, see § 71.999
Statutory reference:
Farm vehicles; license fees; exemptions, see 47 O.S. § 1134