Every driver who transports a child under the age of nine years in a passenger automobile, van or pickup truck other than one operated for hire, shall, while such motor vehicle is in motion and operated on a street or highway of this Municipality, provide for the protection of such child by properly placing, maintaining and securing such child in a child passenger safety device system meeting applicable Federal motor vehicle safety standards: provided, that if such child is at least four years of age or at least forty pounds in weight, a safety belt shall be sufficient to meet the requirements of this section.
Whoever violates this section shall be fined not less than ten dollars ($10.00) nor more than twenty dollars ($20.00).
A violation of this section shall not be deemed by virtue of such violation to constitute evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.
If all seat belts in a vehicle are being used at the time of examination by a law officer and the vehicle contains more passengers than the total number of seat belts or other safety devices as installed in compliance with Federal motor vehicle safety standards, the driver shall not be considered as violating this section.
(WVaC 17C-15-46)