(A) Definition. For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
CHILD PASSENGER RESTRAINT SYSTEM. An infant or child passenger restraint system which meets the federal standards for crash-tested restraint systems as set by the United States Department of Transportation.
(B) Requirements. Every driver, when transporting a child under four years of age in a motor vehicle operated on the roadways, streets or highways of the town, shall provide for the protection of such child by properly using a child passenger restraint system or a properly-secured seat belt in the rear seat of the motor vehicle. Children four or five years of age shall be protected by the use of a child passenger restraint system or a seat belt.
(C) Exceptions. The provisions of this section shall not apply to:
(1) A nonresident driver transporting a child in the state;
(2) The driver of an ambulance or emergency vehicle;
(3) 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;
(4) A driver of a vehicle if all of the seat belts in the vehicle are in use; and
(5) The transportation of children who, for medical reasons, are unable to be placed in such devices.
(D) Enforcement and violations.
(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 in order 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 belt in a motor vehicle.
(2) A person who violates the provisions of this section shall not be subject to any criminal penalty. A violation of the provisions of this section shall not be admissible as evidence in any civil action or proceeding for damages. 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 the aggravation or mitigation of damages.
(Prior Code, § 15-216) Penalty, see § 72.99