A. Under Six Years: Every driver when transporting a child under six (6) years of age in a motor vehicle operated on the roadways, streets or highways of this state shall provide for the protection of the child by properly using a child passenger restraint system. For purposes of this section, "child passenger restraint system" means an infant or child passenger restraint system that meets the federal standards as set by 49 CFR 571.213.
B. Six Years To Thirteen Years: Children at least six (6) years of age but younger than thirteen (13) years of age shall be protected by use of a child passenger restraint system or a seat belt.
C. Exceptions: The provisions of this section 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. A driver of a vehicle if all of the seat belts in the vehicle are in use;
4. The transportation of children who for medical reasons are unable to be placed in such devices; and
5. 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. Provided, however, for purposes of this subsection, back seat shall include all seats located behind the front seat of a vehicle operated by a licensed childcare facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this section if at the request of any law enforcement officer, the licensed childcare 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.
D. Oral Warning: 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.
E. Violation Not Admissible: A violation of the provisions of this section shall be admissible as evidence in any civil action or proceeding for damages, unless the plaintiff in such action or proceeding is a child under sixteen (16) years of age. (2001 Code § 71.011; amd. 2012 Code)
F. Infant Death: In any action brought by or on behalf of an infant for personal injuries or wrongful death sustained in a motor vehicle collision, the failure of any person to have the infant properly restrained in accordance with the provisions of this section shall not be used in aggravation or mitigation of damages. (2001 Code § 71.011)
G. Penalty: Any person convicted of violating subsection A or B of this section shall be punished by a fine as specified in the appendix at section 35.99 of this code, and shall pay all court costs thereof. This fine shall be suspended in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system. Provided, the department of public safety shall not assess points to the driving record of any licensed or unlicensed person convicted of a violation of this section 1 . (2001 Code § 71.011; amd. 2012 Code)
Notes
| 1 | 1. 47 OS § 11-112(F). |