A. Each driver and front seat passenger of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt; except that, a child less than six (6) years of age shall be protected as required pursuant to the Child Passenger Protection Act 1 . Each driver of a motor vehicle transporting a child six (6) years of age or more, but less than sixteen (16) years of age, in the front seat of the motor vehicle shall secure the child in a properly adjusted and fastened seat safety belt.
B. Subsection A shall not apply to any of the following:
1. A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed fifteen (15) miles per hour.
2. A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt.
3. A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable, for medical, physical or other valid reasons, to wear a seat safety belt.
4. A driver operating a motor vehicle in reverse.
5. A motor vehicle with a model year prior to 1965.
6. A motorcycle or motor-driven cycle.
7. A motorized pedalcycle.
8. A motor vehicle which is not required to be equipped with seat safety belts under Federal law.
9. A motor vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier.
C. Failure to wear a seat safety belt in violation of this section shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.
D. A violation of this section shall be a petty offense and subject to a fine not to exceed twenty five dollars ($25.00). (Ord. 85-34A, 10-7-1985)
Notes
| 1 | 1. S.H.A. ch. 95/2, §§1101 et seq. |