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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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