(A) Every operator and front seat passenger of a passenger car operated in the town shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 C.F.R. § 571.208.
(B) For the purposes of this section, PASSENGER CAR shall mean VEHICLE as defined in 47 O.S. § 1102. PASSENGER CAR shall include the passenger compartment of pickups, vans, minivans, and sport utility vehicles. PASSENGER CAR shall not include trucks, truck-tractors, recreational vehicles, motorcycles, or motorized bicycles. 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.
(C) The Commissioner of Public Safety, upon application from a person who, for medical reasons, is unable to wear a safety seat belt system supported by 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 section. 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 license. Nothing in this division (C) shall be construed to prevent the person from applying for another exemption as provided for in this section. The issuance of an attestation by a physician and the subsequent issuance of an exemption by the Commissioner, in good faith, shall not give rise to, nor shall the physician and the state thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of failure of the person to wear a safety seat belt system.
(D) This section shall not apply to an operator of a motor vehicle while performing official duties as a route carrier of the U.S. Postal Service.
(E) The Department of Public Safety shall not record or assess points for violations of this section on any license holder’s traffic record maintained by the Department.
(F) Fine and court costs for violating the provisions of division (A) above shall not exceed $20 inclusive of court costs.
(G) Every driver, when transporting a child under six years of age in a motor vehicle operated on the roadways, streets, or highways of the town, shall provide for the protection of said child by properly using a child passenger restraint system. For purposes of this section and 47 O.S. § 11-1113, CHILD PASSENGER RESTRAINT SYSTEM means an infant or child passenger restraint system which meets the federal standards as set by 49 C.F.R. § 571.213.
(H) 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.
(I) The provisions of divisions (G) and (H) above 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) The driver of a vehicle in which all of the seat belts are in use;
(4) The transportation of children who for medical reasons are unable to be placed in such devices; or
(5) (a) 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, however, for purposes of this division (I)(5), back seats shall include all seats located behind the front seat of a vehicle operated by a licensed child care facility or church.
(b) Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this division (I)(5) 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 40 pounds.
(J) (1) 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 divisions (G) and (H) above and to give an oral warning to said driver.
(2) The warning shall advise 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.
(Prior Code, Ch. 18, Art. 9, § 116) Penalty, see § 73.99