(a) As used in this section:
(1) “Automobile” means any commercial tractor, passenger car, commercial car or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States Secretary of Transportation pursuant to the “National Traffic and Motor Vehicle Safety Act of 1966,” 80 Stat. 719, 15 U.S.C.A. 1392.
(2) “Commercial tractor,” “passenger car” and “commercial car” have the same meaning as in Ohio R.C. 4501.01.
(3) “Manufacturer” and “supplier” have the same meanings as in Ohio R.C. 2307.71.
(4) “Occupant restraining device” means a seat safety belt, shoulder belt, harness or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum Federal vehicle safety standards established by the United States Department of Transportation.
(5) “Passenger” means any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.
(6) “Tort action” means a civil action for damages for injury, death or loss to a person or property. “Tort action” includes a product liability claim but does not include a civil action for damages for a breach of contract or another agreement between persons.
(7) “Vehicle” and “motor vehicle,” as used in the definitions of the terms set forth in paragraph (a)(2) hereof, have the same meaning as in Chapter 402.
(b) No person shall do any of the following:
(1) Operate an automobile on any street or highway unless that person is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator's seat unless that person is wearing all of the available elements of the device, as properly adjusted;
(2) Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in paragraph (b)(3) hereof is wearing all of the available elements of a properly adjusted occupant restraining device;
(3) Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway unless he or she is wearing all of the available elements of a properly adjusted occupant restraining device; or
(4) Operate a taxicab on any street or highway unless all factory-equipped occupant restraining devices in the taxicab are maintained in useable form.
(c) Paragraph (b)(3) hereof does not apply to a person who is required by Section 438.28 to be secured in a child restraint device. Paragraph (b)(1) hereof does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addressees. Paragraphs (b)(1) and (3) hereof do not apply to a person who has an affidavit signed by a physician licensed to practice in this State under Ohio R.C. Chapter 4731, or a chiropractor licensed to practice in this State under Ohio R.C. Chapter 4734, that states that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical.
(d) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (b) hereof has been or is being committed, or for the sole purpose of issuing a ticket, citation or summons for a violation of that nature, or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
(e) All fines collected for violations of subsection (b) hereof shall be forwarded to the State Treasurer, pursuant to, and for the purposes set forth in, Ohio R.C. 4513.263(E).
(f) The failure of a person to wear all of the available elements of a properly adjusted occupant restraining device in violation of paragraph (b)(1) or (3) hereof, or the failure of a person to ensure that each minor who is a passenger of an automobile being operated by that person is wearing all of the available elements of a properly adjusted occupant restraining device in violation of paragraph (b)(2) hereof, shall be considered by the trier of fact in a tort action as contributory negligence or other tortious conduct, or considered for any other relevant purpose if the failure contributed to the harm alleged in the tort action, and may diminish, pursuant to Ohio R.C. 2315.19 or 2315.20, a recovery of compensatory damages in a tort action; shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section; and shall not be admissible as evidence in a criminal action involving the person other than a prosecution for a violation of this section. (ORC 4513.263)
(g) Whoever violates paragraph (b)(1) hereof shall be fined twenty-five dollars ($25.00). (ORC 4513.99(F))
(h) Whoever violates paragraph (b)(2) hereof shall be fined twenty dollars ($20.00).
(i) Whoever violates paragraph (b)(3) hereof shall be fined fifteen dollars ($15.00). (ORC 4513.99(G))
(j) Whoever violates paragraph (b)(4) hereof is guilty of a minor misdemeanor for a first offense; for a second or subsequent offense such person is guilty of a misdemeanor of the third degree. The penalty shall be as provided in Section 408.01.
(ORC 4513.99(B))