A. Every operator and front seat passenger of a passenger car operated in this 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 O.S. § 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 O.S. § 1134. Violation of this subsection shall be considered in and of itself as grounds for stopping a vehicle if that is the only violation observed by the officer.
B. Subsection (A) shall not apply to an operator or passenger of a passenger car in which either the operator or passenger possess written verification from a physician licensed in this State that he or she is unable to wear a safety belt system for medical reasons. The issuance of such a 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 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.
C. Every driver when transporting a child under four (4) years of age in a motor vehicle operated on the roadways, streets, or highways of this City shall provide for the protection of the child by properly using a child passenger restraint system or a properly secured seat belt in the rear seat of the motor vehicle. For purposes of this subsection, "child passenger restraint system" means an infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the United States Department of Transportation. Children four (4) years of age and above shall be protected by the use of a child passenger restraint system or a seat belt.
The provisions of this subsection shall not apply to:
1. 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;
2. The driver of an ambulance or emergency vehicle;
3. A driver of a vehicle if all of the, seat belts in the vehicle are in use; and
4. The transportation of children who for medical reasons are unable to be placed in such devices.
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. The officer shall have the option of advising 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 or issue a ticket for such violation. 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.
D. Any person convicted of violating subsection (A) shall be punished by a fine and costs as allowed by State law.
E. Any person convicted of violating subsection (C) shall be punished by a fine and costs as allowed by State law. 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.
(Code 1991, § 15-556; Ord. No. 91-2101, § 2, 6-3-1991; Ord. No. 97-13, § 1, 1-5-1998; Ord. No. 06-04, § 1, 3-6-2006)
Editor's note- Ord. No. 06-04, § 1, adopted March 6, 2006, changed the title of § 106-145 from "Seat belts" to "Seat belts and child passenger restraints required."