(A) Seat belts.
(1) Definition. For the purpose of this division (A), the following definition applies unless the context clearly requires a different meaning.
PASSENGER CAR. Shall mean VEHICLE as defined in 47 O.S. § 1102.
1. PASSENGER CAR includes the passenger compartment of pickups, vans, minivans and sport utility vehicles.
2. PASSENGER CAR shall not include trucks, truck tractors, recreational vehicles, motorcycles or motorized bicycles.
3. PASSENGER CAR shall not include a vehicle used primarily for farm use which is registered and licensed pursuant to the provisions of 47 O.S. § 1134.
(2) Seat belts required. Every operator and front-seat passenger of a passenger car operated in the state shall wear a properly-adjusted and fastened safety seat belt system as required to be installed in the motor vehicle when manufactured pursuant to 49 C.F.R. § 571.208.
(3) Medical exemption.
(a) The State Commissioner of Public Safety, upon application from a person who, for medical reasons, is unable to wear a safety seat belt system as supported by a written attestation of such fact from a physician licensed pursuant to 59 O.S. § 495, may issue to the person an exemption from the provisions of this division (A). The exemption shall be in the form of a restriction appearing on the driver’s license of the person and shall remain in effect until the expiration date of the driver’s license.
(b) Nothing in this division (A) shall be construed to prevent a person from applying for another exemption as provided for in this division (A). The issuance of an attestation by a physician and the subsequent issuance of an exemption by the State Commissioner in good faith shall not give rise to, nor shall the physician or the state thereby incur, any liability whatsoever, in damages or otherwise, to any person injured by reason of the failure of the person to wear a safety seat belt system.
(4) Postal service carrier exemption. This division (A) shall not apply to the operator of a motor vehicle while performing official duties as a route carrier of the U.S. Postal Service.
(5) Points not assessed for violations. The State Department of Public Safety shall not record or assess points for violations of this division (A) on any license holder’s traffic record maintained by the Department.
(B) Child passenger restraints.
(1) Definition. For the purpose of this division (B), the following definition applies unless the context clearly requires a different meaning.
CHILD PASSENGER RESTRAINT SYSTEM. An infant or child passenger restraint system which meets the federal standards as set by 49 C.F.R. § 571.213.
(2) Children under six. When transporting a child under six years of age in a motor vehicle operated on the roadways, streets or highways of the state, every driver shall provide for the protection of said child by properly using a child passenger restraint system.
(3) Children age six to 13. Children at least six years of age but younger than 13 years of age shall be protected by use of a child passenger restraint system or a seat belt.
(4) Exceptions. The provisions of this division (B) shall not apply to:
(a) 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;
(b) The driver of an ambulance or emergency vehicle;
(c) The driver of a vehicle in which all of the seat belts are in use;
(d) The transportation of a child who is unable to be placed in such devices for medical reasons; or
(e) The transportation of a child who weighs more than 40 pounds and who is being transported in the back seat of a vehicle while wearing only a lap safety belt when the back seat of the vehicle is not equipped with combination lap-and-shoulder safety belts, or when the combination lap-and- shoulder safety belts in the back seat are being used by other children who weigh more than 40 pounds, provided that:
1. For the purpose of this division (B)(4)(e), BACK SEAT shall include all seats located behind the front seat of a vehicle operated by a licensed childcare facility or church; and
2. There shall be a rebuttable presumption that a child has met the weight requirements of this division (B)(4)(e) if, at the request of any law enforcement officer, the licensed childcare facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than 40 pounds.
(5) Issuance of warning. 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 division (B) 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 child passenger restraint systems or seat belts in motor vehicles.
(6) Violations.
(a) A violation of the provisions of this division (B) shall not be admissible as evidence in any civil action or proceeding for damages.
(b) 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 division (B) shall not be used in the aggravation or mitigation of damages.
(Prior Code, § 7-1-21) Penalty, see § 70.99