A. Definition: As used in this section, the term "passenger vehicle" shall mean a class D motor vehicle, but shall not include trucks, truck tractors, recreational vehicles, motorcycles, motorized bicycles or vehicles used primarily for farm use which has been registered and licensed pursuant to the provisions of 47 Oklahoma Statutes section 1134. For purposes of this definition, "trucks" shall not include pickup trucks.
1. Every operator and front seat passenger of a class A commercial motor vehicle, class B commercial motor vehicle, class C commercial motor vehicle or a passenger vehicle operated in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 CFR, section 571.208.
2. This subsection shall not apply to a person who has been exempted from wearing a seat belt from the commissioner of public safety. Proof of such exemption shall be in the form of a restriction appearing on the driver's license of such person.
3. This subsection shall not apply to an operator of a motor vehicle while performing official duties as a route carrier of the U.S. postal service.
4. Any person convicted of violating this subsection shall be punished by fine and court costs which shall not exceed twenty dollars ($20.00).
1. Every driver, when transporting a child under eight (8) 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.
a. A child under four (4) years of age shall be properly secured in a child passenger restraint system. The child passenger restraint system shall be rear facing until the child reaches two (2) years of age or until the child reaches the weight or height limit of the rear facing child passenger restraint system as allowed by the manufacturer of the child passenger restraint system, whichever occurs first; and
b. A child of at least four (4) years of age but younger than eight (8) years of age, if not taller than four feet nine inches (4'9") in height, shall be properly secured in either a child passenger restraint system or a child booster seat.
c. For purposes of this subsection, "child passenger restraint system" means an infant or child passenger restraint system that meets the federal standards as set by 49 CFR section 571.213.
2. If a child is eight (8) years of age or is taller than four feet nine inches (4'9") in height, a seat belt properly secured to the vehicle shall be sufficient to meet the requirements of this section.
3. The provisions of this subsection 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; and
b. The driver of an ambulance or emergency vehicle; and
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; provided there is written documentation from a physician of medical reason; or
e. The transportation of a child who weighs more than forty (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 forty (40) pounds. Provided, however, for the purposes of this subsection C3e, 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 subsection C3e 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 forty (40) pounds.
4. A violation of the provisions of this subsection shall not be admissible as evidence in any civil action or proceeding for damages unless the plaintiff in such action or proceeding is a child under sixteen (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 subsection shall not be used in aggravation or mitigation of damages.
5. Any person convicted of violating subsection C1 or C2 of this section shall be punished by a fine of fifty dollars ($50.00) plus costs. Revenue from such fine shall be apportioned to the department of public safety revolving fund and used by the Oklahoma highway safety office to promote the use of child passenger restraint systems as provided by 47 Oklahoma Statutes section 11-1113. This fine shall be suspended and the court costs limited to a maximum of fifteen dollars ($15.00) in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system. (Ord. 2015-45, 12-1-2015)
Notes
| 1 | 3. State law reference - 47 OS § 12-417. |
| 2 | 1. State law reference - 47 OS § 11-1112. |