A. Seat Belt Requirements:
1. The words and phrases used in this subsection shall have the meanings respectively ascribed to them in 47 Oklahoma Statutes section 1-101 et seq., except when the context otherwise requires or other definitions are provided.
2. Every operator and front seat passenger of a Class A commercial motor vehicle, Class B commercial motor vehicle, Class C commercial motor vehicle, or a passenger vehicle operated in the City shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 CFR section 571.208.
3. For the purposes of this section, "passenger vehicle" shall mean a Class D motor vehicle, but shall not include trucks, truck-tractors, recreational vehicles, motorcycles, or motorized bicycles, or a vehicle used primarily for farm use which is registered and licensed pursuant to the provisions of 47 Oklahoma Statutes section 1134.
4. An exemption from the provisions of this subsection A shall exist for a person who, for medical reasons, is unable to wear a safety seat belt system. Notification of said exemption shall be in the form of a restriction appearing on the driver's license or State-issued identification card of the exempted individual.
5. This subsection A shall not apply to an operator of a motor vehicle while performing official duties as a route carrier of the U.S. Postal Service.
B. Child Passenger Restraint System:
1. For purposes of this section, "child passenger restraint system" means an infant or child passenger restraint system which meets the Federal standards as set by 49 CFR section 571.213.
2. Every driver, when transporting a child under eight (8) years of age in a motor vehicle operated on the roadways, streets, or highways within the corporate limits of the City, shall provide for the protection of said child by properly using a child passenger restraint system as follows:
a. A child under four (4) years of age shall be properly secured in a child passenger restraint system. Except as provided in subsection B1 of this section, the child passenger restraint system shall be rear-facing until the child reaches two (2) years of age or until the child reaches the weight or height limit of the rear-facing child passenger restraint system as allowed by the manufacturer of the child passenger restraint system, whichever occurs first; and
b. A child at least four (4) years of age but younger than eight (8) years of age, if not taller than four feet nine inches (4'9") in height, shall be properly secured in either a child passenger restraint system or child booster seat.
3. If a child is eight (8) years of age or is taller than four feet nine inches (4'9") in height, a seat belt properly secured to the vehicle shall be sufficient to meet the requirements of this subsection B.
4. The provisions of this subsection 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 children who for medical reasons are unable to be placed in such devices, provided there is written documentation from a physician of such medical reason; or
e. The transportation of a child who weighs more than forty (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 forty (40) pounds. For purposes of this subsection, back seat shall include all seats located behind the front seat of a vehicle operated by a licensed child care facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this subsection if, at the request of any law enforcement officer, the licensed child care facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than forty (40) pounds.
5. Any person convicted of violating subsection B2 of this section shall be punished by a fine of fifty dollars ($50.00) and shall pay all court costs thereof. This fine shall be suspended and the court costs limited to a maximum of fifteen dollars ($15.00) in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system.
6. A driver of a vehicle who has been rightfully issued a detachable placard indicating physical disability under the provisions of 47 Oklahoma Statutes section 15-112, or a physically disabled license plate under the provisions of 47 Oklahoma Statutes section 1135.1 or 1135.2, and a valid letter of forward-facing exemption issued from the State Department of Public Safety, shall be permitted to transport a child passenger under four (4) years of age in a forward-facing child passenger restraint system. The placard and forward- facing exemption letter must be present in the vehicle to be in compliance. (2007 Code § 18-165; amd. 2019 Code)