(A) Mandatory child restraints.
(1) Except as provided in this section, or as otherwise provided by law, a rule promulgated pursuant to Public Act 306 of 1969, being M.C.L.A. §§ 24.201 through 24.328 as amended, or federal regulation, each driver transporting a child in a motor vehicle shall properly secure each child in a child restraint system as follows:
(a) Any child less than one year of age in a child restraint system which meets the standards prescribed in 49 C.F.R. § 571.213;
(b) Any child one year of age or more but less than four years of age when transported in the front seat, in a child restraint system which meets the standards prescribed in 49 C.F.R. § 571.213; and
(c) Any child one year of age or more but less than four years of age when transported in the rear seat, in a child restraint system which meets the standards prescribed in 49 C.F.R. § 571.213, unless the child is secured by a safety belt provided in the motor vehicle.
(2) This section does not apply to a nonresident driver transporting a child in this state or to any child being nursed.
(3) This section does not apply if the motor vehicle being driven is a bus, school bus, taxicab, moped, motorcycle or other motor vehicle not required to be equipped with safety belts under M.C.L.A. § 257.710B or federal law or regulations.
(B) Mandatory safety belt usage.
(1) This section shall not apply to a driver or passenger of:
(a) A motor vehicle manufactured before January 1, 1965;
(b) A bus;
(c) A motorcycle;
(d) A moped;
(e) A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver is unable to wear a safety belt for physical or medical reasons;
(f) A motor vehicle which is not required to be equipped with safety belts under federal law;
(g) A commercial or United States postal service vehicle which makes frequent stops for the purpose of pickup or delivery of goods or services; or
(h) A motor vehicle operated by a rural carrier of the United States postal service while serving his or her rural postal route.
(2) This section shall not apply to a passenger of a school bus.
(3) Each driver and front seat passenger of a motor vehicle operated on a street or highway in this state shall wear a properly adjusted and fastened safety belt, except that a child less than four years of age shall be protected as required in this section. Each driver of a motor vehicle transporting a child four years of age or more but less than 16 years of age in the front seat of the motor vehicle shall secure the child in a properly adjusted and fastened safety belt.
(4) Enforcement of this section shall be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another traffic ordinance, statute, chapter, section or rule.
(Ord. 101, passed 11-14-1990) Penalty, see § 71.99