A. Seat Belts Required:
1. Every operator and front seat passenger of a passenger car operated in the city shall wear a properly adjusted and fastened safety belt system, required to be installed in the motor vehicle when manufactured pursuant to federal motor vehicle safety standard 208. For the purposes of this section, "passenger car" shall mean "vehicle" as defined in 47 Oklahoma Statutes section 1102, except that "passenger car" shall not include trucks, truck tractors, recreational vehicles, motorcycles, motorized bicycles or vehicles used primarily for farm use and licensed pursuant to state law, 47 Oklahoma Statutes section 1134. (1990 Code § 15-552; amd. 2004 Code)
2. Subsection A1 of this section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in this state that he is unable to wear a safety belt system for medical reasons. The issuance of such verification by a physician, in good faith, shall not give rise to, nor shall such physician thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of such failure to wear a safety seat belt system. Subsection A shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. postal service. (1990 Code § 15-552)
B. Child Passenger Restraints Required:
1. Every driver when transporting a child under four (4) years of age weighing sixty (60) pounds or less in a motor vehicle operated on the roadways, streets or highways of the city shall provide for the protection of the child by properly using a child passenger restraint system. For purposes of this subsection, "child passenger restraint system" means an infant or child passenger restraint system that meets the federal standards as set by 49 CFR section 571.213.
2. Children at least four (4) years of age but younger than thirteen (13) years of age shall be protected by use of a child passenger restraint system or a seat belt. (1990 Code § 15-552; amd. 2004 Code)
3. The provisions of this section shall not apply to:
a. A nonresident driver transporting a child in this state;
b. 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;
c. The driver of an ambulance or emergency vehicle;
d. A driver of a vehicle if all of the seat belts in the vehicle are in use; and
e. The transportation of children who for medical reasons are unable to be placed in such devices.
4. A law enforcement officer is hereby authorized to stop a vehicle if it appears that the driver of the vehicle has violated the provisions of this subsection and give an oral warning to said driver. The warning shall advise the driver of the possible danger to children resulting from the failure to install or use a child passenger restraint system or seat belts in the motor vehicle. A violation of the provisions of this subsection shall not be admissible as evidence in any civil action or proceeding for damages. 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 subsection shall not be used in aggravation or mitigation of damages.
C. Routine Stops Prohibited: No law enforcement officer shall make routine stops of motorists for the purpose of enforcing subsection A of this section.
D. Penalties:
1. Any person convicted of violating subsection A of this section shall be punished by a maximum fine as set by state law or by the city, whichever is greater, and court costs.
2. Any person convicted of violating subsection B of this section shall be punished by a fine of ten dollars ($10.00), or the maximum amount allowed by state law, whichever is greater, and court costs. This fine shall be suspended in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system. (1990 Code § 15-552)