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§47-11-1112.


§47-11-1112.
   
   A. 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 this state shall provide for the
   protection of said child by properly using a child passenger restraint
   system. For purposes of this section and Section 11-1113 of this
   title, "child passenger restraint system" means an infant or child
   passenger restraint system that meets the federal standards for
   crash-tested restraint systems as set by the United States Department
   of Transportation.
   
   B. Children four (4) or five (5) years of age shall be protected by
   use of a child passenger restraint system or a seat belt.
   
   C. The provisions of this section shall not apply to:
   
   1. A nonresident driver transporting a child in this state; and
   
   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; and
   
   3. The driver of an ambulance or emergency vehicle; and
   
   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. 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 said 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. A violation of the provisions of this section shall not be
   admissible as evidence in any civil action or proceeding for damages.
   
   F. 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.
   
   G. 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 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.
   

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