(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD BOOSTER SEAT. A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. § 571.213, as amended, that is designed to elevate a child to properly sit in a federally approved safety belt system.
CHILD PASSENGER RESTRAINT SYSTEM. A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. § 571.213, as amended, and which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system.
DRIVER. A person who is in actual physical control of a motor vehicle.
(B) Every driver transporting a child under the age of 16 years shall be responsible, when transporting such child in a motor vehicle operated by that driver on the streets or highways of this state, for providing for the protection of such child as follows:
(1) Children less than four years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child;
(2) Children weighing less than 40 pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child;
(3) Children at least four years of age but less than eight years of age, and children weighing at least 40 but less than 80 pounds, and children less than four feet-nine inches tall, shall be secured in a child passenger restraint system or booster seat appropriate for that child;
(4) Children at least 80 pounds or children more than four feet-nine inches in height shall be secured by a vehicle safety belt or booster seat appropriate for that child;
(5) A child who otherwise would be required to be secured in a booster seat may be transported in the back seat of a motor vehicle while wearing only a lap belt if the back seat of the motor vehicle is not equipped with a combination lap and shoulder belt for booster seat installation; and
(6) When transporting children in the immediate family when there are more children than there are seating positions in the enclosed area of a motor vehicle, the children who are not able to be restrained by a child safety restraint device appropriate for the child shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front seat area. The driver transporting children under this scenario shall not be in violation of the child seat restriction law.
(C) The provisions of this section shall not apply to any public carrier for hire. The provisions of this section shall not apply to students four years of age or older who are passengers on a school bus, as defined in RSMo. § 301.010.
(Ord. 06-007, passed 9-5-2006) Penalty, see § 70.99