A. Definition: 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 751.213.
B. Use Required:
1. Every driver when transporting a child under four (4) years of age weighing sixty (60) pounds or less in a motor vehicle operated on the roadways, streets, or highways of the city shall provide for the protection of the child by properly using a child passenger restraint system.
2. Children at least four (4) years of age, but younger than thirteen (13) years of age, shall be protected by use of a passenger restraint system or a seat belt. (1983 Code § 15-218; amd. 2005 Code)
C. Exemptions From Provisions: The provisions of this section shall not apply to:
1. A nonresident of the state of Oklahoma driver transporting a child in the city;
2. 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;
3. The driver of an ambulance or emergency vehicle;
4. A driver of a vehicle if all of the seat belts in the vehicle are in use; and
5. The transportation of children who for medical reasons are unable to be placed in such devices.
D. Enforcement:
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 this section and to give an oral warning to the driver. 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.
2. Any person convicted of violating subsection A or B of this section shall be punished by a fine of ten dollars ($10.00) and shall pay a maximum of fifteen dollars ($15.00) court costs thereof. This fine shall be suspended in the case of the first offense upon proof of purchase or acquisition by the loan of a child passenger restraint system. (1983 Code § 15-218)
E. Seat Belts Required:
1. Every operator and front seat passenger of a passenger car operated in the City shall wear a properly adjusted and fastened safety belt system, required to be installed in the motor vehicle when manufactured pursuant to Federal Motor Vehicle Safety Standard 208. For the purposes of this section, "passenger car" shall mean "vehicle" as defined in 47 Oklahoma Statutes section 1102, except that "passenger car" shall not include trucks, truck tractors, recreational vehicles, motorcycles, motorized bicycles or vehicles used primarily for farm use and licensed pursuant to State law, 47 Oklahoma Statutes section 1134.
2. Subsection E1 of this section shall not apply to an operator or passenger of a passenger car in which the operator or passenger possesses a written verification from a physician licensed in this State that he is unable to wear a safety belt system for medical reasons. The issuance of such verification by a physician, in good faith, shall not give rise to, nor shall such physician thereby incur, any liability whatsoever in damages or otherwise, to any person injured by reason of such failure to wear a safety seat belt system. This subsection shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. Postal Service. (2005 Code)