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(A) (1) Any person who drives any motor vehicle which has or is required to have an occupant protection system shall ensure that:
(a) All children under the age of five and weighing less than 40 pounds being transported in the vehicle use a child passenger restraint system of a type which meets Federal Motor Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety Administration as of July 10, 1990, and which is correctly installed in the vehicle; and
(b) All children under the age of 16 and weighing 40 or more pounds being transported in the vehicle use an occupant protection system.
(2) This division shall apply to every motor vehicle which is equipped with an occupant protection system or is required to be equipped with restraint systems pursuant to Federal Motor Vehicle Safety Standard 208 except taxicabs, mopeds, motorcycles, and any motor vehicle designated by the manufacturer as a 1963 year model or earlier which is not equipped with an occupant protection system.
(B) Whenever any licensed physician determines, through accepted medical procedures, that use of a child passenger restraint system by a particular child would be harmful by reason of the child's weight, physical condition, or other medical reason, the provisions of division (A)(1) of this section shall be waived. The driver of any vehicle transporting such a child shall carry on his or her person or in the vehicle a signed written statement of the physician identifying the child and stating the grounds for the waiver.
(C) The drivers of authorized emergency vehicles shall not be subject to the requirements of division (A)(1) of this section when operating the authorized emergency vehicles pursuant to their employment.
(D) Enforcement of division (A)(1)(b) of this section shall be accomplished only as a secondary action when an operator of a motor vehicle has been cited or charged with a violation or some other offense.
(1990 Code, § 5-225) (Ord. 536, passed 6-5-2001)
Related state law provisions, see Neb. RS 60-6,267(1), 60-6,267(2), 60-6,267(3), 60-6,268(3)