§ 72.046 OCCUPANT RESTRAINING DEVICES.
   (A)   As used in this section and in R.C. § 4513.99:
      (1)   AUTOMOBILE means any commercial tractor, passenger car, commercial car, or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States secretary of transportation pursuant to the “National Traffic and Motor Vehicle Safety Act of 1966", 80 Stat. 719, 15 U.S.C.A. 1392.
      (2)   OCCUPANT RESTRAINING DEVICE means a seat safety belt, shoulder belt, harness, or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum federal vehicle safety standards established by the United States department of transportation.
      (3)   PASSENGER means any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.
      (4)   COMMERCIAL TRACTOR, PASSENGER CAR, and COMMERCIAL CAR have the same meanings as in R.C. § 4501.01.
      (5)   VEHICLE and MOTOR VEHICLE as used in the definitions of the terms set forth in division (A)(4) of this section, have the same meanings as in R.C. § 4511.01.
   (B)   No person shall do any of the following:
      (1)   Operate an automobile on any street or highway unless he is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator’s seat unless he is wearing all of the available elements of the device, as properly adjusted;
      (2)   Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in division (B)(3) of this section in wearing all of the available elements of a properly adjusted occupant restraining device;
      (3)   Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway, unless he is wearing all of the available elements of a properly adjusted occupant restraining device:
      (4)   Operate a taxicab on any street or highway unless all factory-equipped occupant restraining devices in the taxicab are maintained in usable form.
   (C)   Exceptions.
      (1)   Division (B)(3) of this section does not apply to a person who is required by R.C. § 4511.81 or a substantially equivalent municipal ordinance to be secured in a child restraint device or booster seat.
      (2)   Division (B)(1) of this section does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addressees.
      (3)   Divisions (B)(1) and (B)(3) of this section do not apply to a person who has an affidavit signed by a physician licensed to practice in this state under R.C. Chapter 4731 or a chiropractor licensed to practice in this state under R.C. Chapter 4734 that states the following:
         (a)   That the person has a physical impairment that makes use of an occupant restraining device impossible or impractical;
         (b)   Whether the physical impairment is temporary, permanent, or reasonably expected to be permanent;
         (c)   If the physical impairment is temporary, how long the physical impairment is expected to make the use of an occupant restraining device impossible or impractical.
      (4)   Divisions (B)(1) and (B)(3) of this section do not apply to a person who has registered with the Registrar of Motor Vehicles in accordance with division (C)(5) of this section.
      (5)   A person who has received an affidavit under division (C)(3) of this section stating that the person has a permanent or reasonably expected to be permanent physical impairment that makes use of an occupant restraining device impossible or impracticable may register with the Registrar of Motor Vehicles attesting to that fact. Upon such registration, the Registrar shall make that information available in the law enforcement automated data system. A person included in the database under division (C)(5) of this section is not required to have the affidavit obtained in accordance with division (C)(3) of this section in their possession while operating or occupying an automobile.
      (6)   A physician or chiropractor who issues an affidavit for the purposes of division (C)(3) or (C)(4) of this section is immune from civil liability arising from any injury or death sustained by the person who was issued the affidavit due to the failure of the person to wear an occupant restraining device unless the physician or chiropractor, in issuing the affidavit, acted in a manner that constituted willful, wanton, or reckless misconduct.
      (7)   The Registrar of Motor Vehicles shall adopt rules in accordance with R.C. Chapter 119 establishing a process for a person to be included in the database under division (C)(5) of this section. The information provided and included in the database under division (C)(5) of this section is not a public record subject to inspection or copying under R.C. § 149.43.
   (D)   Officers not permitted to stop cars to determine violation. Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile of the sole purpose of determining whether a violation of division (B) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for such a violation or for causing the arrest of or commencing a prosecution of a person for such violation, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether such a violation has been or is being committed.
   (E)   All fines collected for violations of division (B) of this section, or for violations of any ordinance or resolution of a political subdivision that is substantively comparable to that division shall be forwarded to the treasurer of state for deposit in the seat belt education and emergency medical services fund, which is hereby established in the state treasury. Ten percent of the moneys in the fund shall be distributed to the department of public safety for the purpose of establishing and administering elementary school programs that encourage seat belt use. Ten percent of the moneys in the fund shall be distributed to the department for the purpose of establishing and administering a seat belt education program. The purpose of the program shall be to educate the general public as to the advantages of seat safety belt use and the dangers of not using seat safety belts and to encourage compliance with the provisions of this section. As part of the program, the department shall prepare or acquire two films or videotapes concerning the advantages of seat safety belt use and the dangers of not using seat safety belts. One film or videotape shall be suitable for viewing by persons who are under 16 years of age. The other film or videotape shall be suitable for viewing by persons who are 16 years of age or older. The program also shall utilize any other means of educating the general public and encouraging compliance that the director of highway safety considers appropriate, including, but not limited to, pamphlets, brochures, newspaper messages, television messages, radio messages, billboards, classes, or seminars. Two percent of the moneys in the fund, but not to exceed 50% of the cost of operating the ambulance licensing program established under R.C. Chapter 4766 shall be distributed to the Ohio ambulance licensing board created under R.C. § 4766.02. Not more than 28% of the moneys in the fund shall be distributed to the department of public safety, for the administration of the division of emergency medical services and state board of emergency medical services. The balance of the moneys in the fund shall be distributed to the state board of emergency medical services to be distributed as grants, in accordance with R.C. § 4765.07 and the rules the board adopts under R.C. § 4765.11, to emergency medical service organizations for the training of their personnel, for the purchase of equipment, and to improve the availability, accessibility, and quality of emergency medical services in this state. The board shall give priority, in distributing grants, to grants that will be used to provide training to personnel.
   (F)   (1)   Subject to division (F)(2) of this section, the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device or to ensure that each passenger of an automobile being operated by the person is wearing all of the available elements of such a device, in violation of division (B) of this section, shall not be considered or used as evidence of negligence or contributory negligence, shall not diminish recovery for damages in any civil action involving the person arising from the ownership, maintenance, or operation of an automobile shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section and shall not be admissible as evidence in any civil or criminal action involving the person other than a prosecution for a violation of this section.
      (2)   If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted, then consistent with the Rules of Evidence, the fact that the occupant was not wearing the available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfied all of the following:
         (a)   It seeks to recover damages for injury or death to the occupant.
         (b)   The defendant in question is the manufacturer, designer, distributor, or seller of the passenger car.
         (c)   The claim for relief against the defendant in question is that the injury or death sustained by the occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy.
      (3)   As used in division (F)(2) of this section, TORT ACTION means a civil action for damages for injury, death, or loss to person or property. TORT ACTION includes a product liability claim that is subject to R.C. §§ 2307.71 to 2307.80, but does not include a civil action for damages for a breach of a contract or another agreement between persons.
(R.C. § 4513.263) (Ord. 34-97, passed 12-10-97)