(A) Seat belt required.
(1) (a) 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 the town shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 C.F.R. § 571.208.
(b) For the purpose of this division (A), PASSENGER VEHICLE shall mean a class D motor vehicle, but shall not include trucks, truck-tractors, recreational vehicles, motorcycles or motorized bicycles or a vehicle used primarily for farm use which is registered and licensed pursuant to state statutes.
(2) (a) The State Commissioner of Public Safety, upon application from a person who, for medical reasons, is unable to wear a safety seat belt system supported by written attestation of such fact from a physician licensed pursuant to state statutes, may issue to the person an exemption from the provisions of this division (A). The exemption shall be in the form of a restriction appearing on the driver’s license of the person and shall remain in effect until the expiration date of the driver’s license.
(b) Nothing in this division (A)(2) shall be construed to prevent the person from applying for another exemption as provided for in this division (A)(2). The issuance of an attestation by a physician and the subsequent issuance of an exemption by the State Commissioner, in good faith, shall not give rise to, nor shall the physician and the state thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of failure of the person to wear a safety seat belt system.
(3) This division (A) 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) Fine and court costs for violation of the provisions of this division (A) shall not exceed $20.
(B) Child passenger restraints.
(1) Every driver, when transporting a child under six years of age in a motor vehicle operated on the streets of the town, shall provide for the protection of said child by properly using a child passenger restraint system. For the purpose of this division (B), CHILD PASSENGER RESTRAINT SYSTEM means an infant or child passenger restraint system which meets the federal standards as set by 49 C.F.R. § 571.213.
(2) Children at least six years of age but younger than 13 years of age shall be protected by use of a child passenger restraint system or a seat belt.
(3) The provisions of this division (B) 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;
(b) The driver of an ambulance or emergency vehicle;
(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 such medical reason; or
(e) 1. The transportation of a child who weighs more than 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 40 pounds.
2. Provided, however, for the purpose of this division (B)(3)(e), 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 division (B)(3)(e) 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 40 pounds.
(4) A violation of the provisions of this division (B) shall be admissible as evidence in any civil action or proceeding for damages unless the plaintiff in such action or proceeding is a child under 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 division (B) shall not be used in aggravation or mitigation of damages.
(5) A person who is certified as a child passenger safety technician and who in good faith provides inspection, adjustment or educational services regarding child passenger restraint systems shall not be liable for civil damages resulting from any act or omission in providing such services, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(Prior Code, § 6-1-20) Penalty, see 70.99