§ 18-165  SEAT BELT USAGE; CHILD PASSENGER RESTRAINT SYSTEM.
   1.   Every operator and front seat passenger of a passenger car operated in the city 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 208. For the purposes of this section, PASSENGER CAR shall mean automobile as defined in the 47 O.S. § 12-417, except that passenger car shall not include trucks, pick-up trucks, truck-tractors, recreational vehicles, vans, motorcycles or motorized bicycles, unless and until said exempt vehicles are included in coverage provisions by state law.
   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 this state that said person is unable to wear a safety seat belt system for medical reasons; provided, that, 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 belt system.
   3.   This section shall not apply to an operator of a motor vehicle who is a route carrier of the United States Postal Service.
   4.   No police officer of the city shall make routine stops of motorists for the purpose of enforcing this section.
   5.   Every driver, when transporting a child under six years of age in a motor vehicle operated on the roadways, streets or highways of this 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.
   6.   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.
   7.   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 subsection 7.e., back seat shall include all seats located behind the front seat of a vehicle operated by a licensed child care facility or church; provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this subsection 7.e. 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.
   8.   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.
   9.   A violation of the provisions of this section shall be admissible as evidence in any civil action or proceeding for damages unless the plaintiff in such action or proceeding is a child under 16 years of age. 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.
   10.   Any person convicted of violating subsection 1. or 2. above shall be punished by a fine of $50 and shall pay all court costs thereof. Revenue from such fine shall be apportioned to the Department of Public Safety Revolving Fund and used by the State Highway Safety Office to promote the use of child passenger restraint systems as provided in 47 O.S. § 11-1113. This fine shall be suspended and the court costs limited to a maximum of $15 in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system; provided, the Department of Public Safety shall not assess points to the driving record of any person convicted of a violation of this section.