(A) (1) Any person driving any motor vehicle which has or is required to have seat safety belts, shall ensure that:
(a) All children up to six years of age being transported in such 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 such standard existed as of the effective date of this section and which is correctly installed in such vehicle; and
(b) All children six years of age and less than 16 years of age being transported in such vehicle use an occupant protection system.
(2) Provided, however, this section does not apply to taxicabs, mopeds, motorcycles and any other vehicle designated by the manufacturer as a 1963 year model or earlier which is not equipped with a safety belt.
(B) Whenever any physician licensed to practice medicine in the state 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) above 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 such waiver.
(C) The drivers of authorized emergency vehicles, as defined in Neb. RS 60-6,272, shall not be subject to the requirements of division (A) above when operating such authorized emergency vehicles pursuant to their employment.
(D) All persons being transported in a motor vehicle operated by a holder of a provisional operator’s permit or a school permit shall use such motor vehicle’s passenger restraint systems and safety belts.
(Prior Code, § 5-219) (Ord. 516, passed 3-5-1991; Ord. 670, passed 9-7-2004)
Statutory reference:
Similar provisions, see Neb. RS 60-6,267