(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
MOTOR VEHICLE. Except as otherwise provided in I.C. 9-13-2, a vehicle that is self- propelled. The term does not include a “farm tractor” or an “implement of husbandry.”
(B) General vehicle occupants.
(1) Each occupant of a motor vehicle shall be equipped with a safety belt that:
(a) Meets the standards stated in the Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. § 571.208); and
(b) Is standard equipment installed by the manufacturer.
(2) Each occupant shall have the safety belt properly fastened about the occupant’s body at all times when the vehicle is in forward motion.
(C) Exemptions for passenger restraint systems for adults. This section does not apply to an occupant of a motor vehicle who meets any of the following conditions:
(1) For medical reasons, should not wear safety belts, provided the occupant has written documentation of the medical reasons from a physician;
(2) Is a child required to be restrained by a child restraint system under I.C. 9-19-11;
(3) Is traveling in a commercial or a United States Postal Service vehicle that makes frequent stops for the purpose of pickup or delivery of goods or services;
(4) Is a rural carrier of the United States Postal Service and is operating a vehicle while serving a rural postal route;
(5) Is a newspaper motor route carrier or newspaper bundle hauler who stops to make deliveries from a vehicle;
(6) Is a driver examiner designated and appointed under I.C. 9-14-2-3 and is conducting an examination of an applicant for a permit or license under I.C. 9-24-10;
(7) Is an occupant of a farm truck being used on a farm in connection with agricultural pursuits that are usual and normal to the farming operation, as set forth in I.C. 9-29-5-13(b)(2);
(8) Is an occupant of a motor vehicle participating in a parade;
(9) Is an occupant of the living quarters area of a recreational vehicle;
(10) Is an occupant of the treatment area of an ambulance (as defined in I.C. 16-18-2-13);
(11) Is an occupant of the sleeping area of a tractor;
(12) Is an occupant other than the operator of a vehicle described in I.C. 9-20-11-1(1);
(13) Is an occupant other than the operator of a truck on a construction site;
(14) Is a passenger other than the operator in a cab of a Class A recovery vehicle or a Class B recovery vehicle who is being transported in the cab because the motor vehicle of the passenger is being towed by the recovery vehicle; or
(15) Is an occupant other than the operator of a motor vehicle being used by a public utility in an emergency as set forth in I.C. 9-20-6-5.
(D) Child passenger restraints. A person who operates a motor vehicle in which there is a child less than eight years of age who is not properly fastened and restrained according to the child restraint system manufacturer’s instructions by a child restraint system commits a Class D infraction. A person may not be found to have violated this division (D) if the person carries a certificate from a physician, physician’s assistant, or advanced practice nurse stating that it would be impractical to require that a child be fastened and restrained by a child restraint system because of any of the following, and presents the certificate to the police officer or the court:
(1) A physical condition of the child, including physical deformity; or
(2) A medical condition of the child.
(Ord. 2002-02, passed 2-4-2002) Penalty, see § 70.99
Statutory reference:
Child passenger safety laws, see I.C. 9-19-11-2
Use of safety belt by motor vehicle occupants, see I.C. 9-19-10-2