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Alaska
Sec. 28.05.095. Use of seat belts and child safety devices
required.
(a) Except as provided in (c) of this section a person
(1) 16 years of age or older may not occupy a motor vehicle while being driven
unless restrained by a safety belt; and
(2) may not operate a motor vehicle unless restrained by a safety belt.
(b) Except as provided in (c) of this section, a driver may not transport a
child under the age of 16 in a motor vehicle unless the driver has provided the
required safety device and properly secured each child as described in this
subsection. If the child is less than four years of age, the child shall be
properly secured in a child safety device meeting the standards of the United
States Department of Transportation for a child safety device for infants. If
the child is four but not yet 16 years of age, the child shall be properly
secured in a child safety device approved for a child of that age and size by
the United States Department of Transportation or in a safety belt, whichever is
appropriate for the particular child.
(c) Subsections (a) and (b) do not apply to
(1) passengers in a school bus, unless the school bus is required to be equipped
with seat belts by the United States Department of Transportation, or an
emergency vehicle;
(2) a vehicle operator acting in the course of employment delivering mail or
newspapers from inside the vehicle to roadside mail or newspaper boxes;
(3) a person or class of persons exempted by regulation under AS 28.05.096; or
(4) a person required to be restrained by safety belts under (a) or (b) of this
section if the motor vehicle is not equipped with safety belts.
(d) A person may not remove a safety belt from a vehicle solely to be exempted
under (c)(4) of this section.
(e) Notwithstanding any other provision of law, a peace officer may not stop or
detain a motor vehicle to determine compliance with (a) of this section, or
issue a citation for a violation of (a) of this section, unless the peace
officer has probable cause to stop or detain the motor vehicle other than for a
violation of (a) of this section.
Sec. 28.05.096. Exemptions and alternative safety devices.
a) The commissioner of public safety may adopt regulations to exempt a person or
a class of persons from the requirements of AS 28.05.095 if the commissioner
determines that the use of a safety belt or child safety device is impractical
because of physical or medical conditions of the person or class of persons.
(b) The commissioner of public safety shall specify alternative means of
protection for children exempted under this section.
9/05
Idaho
http://www3.state.id.us/cgi-bin/newidst?sctid=490060072.K
TITLE 49
MOTOR VEHICLES
CHAPTER 6
RULES OF THE ROAD
49-672. PASSENGER SAFETY FOR CHILDREN. (1) No noncommercial motor vehicle
operator shall transport a child who is six (6) years of age or younger in a
motor vehicle manufactured with seat belts after January 1, 1966, unless the
child is properly secured in a child safety restraint that meets the
requirements of federal motor vehicle safety standard no. 213.
(2) The provisions of this section shall not apply:
(a) If all of the motor vehicle's seat belts are in use, but in such an
event any unrestrained child to which this section applies shall be placed
in the rear seat of the motor vehicle, if it is so equipped; or
(b) When the child is removed from the car safety restraint and held by
the attendant for the purpose of nursing the child or attending the
child's other immediate physiological needs.
(3) The failure to use a child safety restraint shall not be considered
under any circumstances as evidence of contributory negligence, nor shall such
failure be admissible as evidence in any civil action with regard to
negligence.
9/05
Oregon
http://www.leg.state.or.us/ors/811.html
811.210 Failure to use safety belts; penalty. (1) A person commits the offense
of failure to use safety belts if the person:
(a) Operates a motor vehicle on the highways of this state and is not properly
secured with a safety belt or safety harness as required by subsection (2) of
this section;
(b) Operates a motor vehicle on the highways of this state with a passenger who
is under 16 years of age and the passenger is not properly secured with a child
safety system, safety belt, or safety harness as required by subsection (2) of
this section; or
(c) Is a passenger in a motor vehicle on the highways of this state who is 16
years of age or older and who is not properly secured with a safety belt or
safety harness as required by subsection (2) of this section.
(2) To comply with this section:
(a) A person who is under four years of age and weighs 40 pounds or less must be
properly secured with a child safety system that meets the minimum standards and
specifications established by the Department of Transportation under ORS 815.055
for child safety systems designed for children weighing 40 pounds or less;
(b) Except as provided in subsection (3) of this section, a person who is at
least four years of age and under six years of age or weighs between 40 and 60
pounds must be properly secured with a child safety system that elevates the
person so that a safety belt or safety harness properly fits the person. “Proper
fit” means the lap belt of the safety belt or safety harness is positioned low
across the thighs and the shoulder belt is positioned over the collarbone and
away from the neck. The child safety system shall meet the minimum standards and
specifications established by the Department of Transportation under ORS 815.055
for child safety systems designed for children weighing between 40 and 60
pounds; or
(c) A person who is at least six years of age and weighs 60 pounds or more must
be properly secured with a safety belt or safety harness that meets requirements
under ORS 815.055.
(3) If the rear seat of a vehicle is not equipped with shoulder belts, the
requirements of subsection (2)(b) of this section do not apply provided the
person is secured by a lap belt.
(4) The offense described in this section, failure to use safety belts, is a
Class D traffic violation. [1985 c.16 §309; 1985 c.619 §1; 1991 c.2 §1; 1993
c.153 §1; 1993 c.751 §112; 2001 c.679 §1; 2003 c.159 §1]
811.215 Exemptions from safety belt requirements. ORS 811.210 does not apply to:
(1) Privately owned commercial vehicles, as defined in ORS 801.210. The
exemption in this subsection does not apply to vehicles commonly known as pickup
trucks that have a combined weight of less than 8,000 pounds or to motor
carriers, as defined in ORS 825.005, when operating in interstate commerce.
(2) Any vehicle not required to be equipped with safety belts or safety
harnesses at the time the vehicle was manufactured, unless safety belts or
safety harnesses have been installed in the vehicle.
(3) Any vehicle exempted by ORS 815.080 from requirements to be equipped upon
sale with safety belts or safety harnesses.
(4) Any person for whom a certificate is issued by the Department of
Transportation under ORS 811.220.
(5) Any person who is a passenger in a vehicle if all seating positions in the
vehicle are occupied by other persons.
(6) Any person who is being transported while in the custody of a police officer
or any law enforcement agency.
(7) Any person who is delivering newspapers or mail in the regular course of
work.
(8) Any person who is riding in an ambulance for the purpose of administering
medical aid to another person in the ambulance, if being secured by a safety
belt or safety harness would substantially inhibit the administration of medical
aid.
(9) Any person who is reading utility meters in the regular course of work.
(10) Any person who is employed to operate a vehicle owned by a mass transit
district while the vehicle is being used for the transportation of passengers in
the public transportation system of the district.
(11) Any person who is collecting solid waste or recyclable materials in the
regular course of work.
6/03
Washington
RCW 46.61.687
Child passenger restraint required -- Conditions -- Exceptions -- Penalty for
violation -- Dismissal -- Noncompliance not negligence.
(1) Whenever a child who is less than sixteen years of age is being transported
in a motor vehicle that is in operation and that is required by RCW 46.37.510 to
be equipped with a safety belt system in a passenger seating position, the
driver of the vehicle shall keep the child properly restrained as follows:
(a) If the child is less than six years old and/or sixty pounds and the
passenger seating position equipped with a safety belt system allows sufficient
space for installation, then the child will be restrained in a child restraint
system that complies with standards of the United States department of
transportation and that is secured in the vehicle in accordance with
instructions of the manufacturer of the child restraint system;
(b) If the child is less than one year of age or weighs less than twenty pounds,
the child shall be properly restrained in a rear-facing infant seat;
(c) If the child is more than one but less than four years of age or weighs less
than forty pounds but at least twenty pounds, the child shall be properly
restrained in a forward facing child safety seat restraint system;
(d) If the child is less than six but at least four years of age or weighs less
than sixty pounds but at least forty pounds, the child shall be properly
restrained in a child booster seat;
(e) If the child is six years of age or older or weighs more than sixty pounds,
the child shall be properly restrained with the motor vehicle's safety belt
properly adjusted and fastened around the child's body or an appropriately
fitting booster seat; and
(f) Enforcement of (a) through (e) of this subsection is subject to a visual
inspection by law enforcement to determine if the child restraint system in use
is appropriate for the child's individual height, weight, and age. The visual
inspection for usage of a forward facing child safety seat must ensure that the
seat in use is equipped with a four-point shoulder harness system. The visual
inspection for usage of a booster seat must ensure that the seat belt properly
fits across the child's lap and the shoulder strap crosses the center of the
child's chest. The visual inspection for the usage of a seat belt by a child
must ensure that the lap belt properly fits across the child's lap and the
shoulder strap crosses the center of the child's chest. In determining
violations, consideration to the above criteria must be given in conjunction
with the provisions of (a) through (e) of this subsection. The driver of a
vehicle transporting a child who is under the age of six years old or weighs
less than sixty pounds, when the vehicle is equipped with a passenger side air
bag supplemental restraint system, and the air bag system is activated, shall
transport the child in the back seat positions in the vehicle where it is
practical to do so.
(2) A person violating subsection (1)(a) through (e) of this section may be
issued a notice of traffic infraction under chapter 46.63 RCW. If the person to
whom the notice was issued presents proof of acquisition of an approved child
passenger restraint system or a child booster seat, as appropriate, within seven
days to the jurisdiction issuing the notice and the person has not previously
had a violation of this section dismissed, the jurisdiction shall dismiss the
notice of traffic infraction.
(3) Failure to comply with the requirements of this section shall not constitute
negligence by a parent or legal guardian; nor shall failure to use a child
restraint system be admissible as evidence of negligence in any civil action.
(4) This section does not apply to: (a) For hire vehicles, (b) vehicles designed
to transport sixteen or less passengers, including the driver, operated by auto
transportation companies, as defined in RCW 81.68.010, (c) vehicles providing
customer shuttle service between parking, convention, and hotel facilities, and
airport terminals, and (d) school buses.
(5) As used in this section "child booster seat" means a child passenger
restraint system that meets the Federal Motor Vehicle Safety Standards set forth
in 49 C.F.R. 571.213 that is designed to elevate a child to properly sit in a
federally approved lap/shoulder belt system.
(6) The requirements of subsection (1)(a) through (e) of this section do not
apply in any seating position where there is only a lap belt available and the
child weighs more than forty pounds.
[2000 c 190 º 2; 1994 c 100 º 1; 1993 c 274 º 1; 1987 c 330 º 745; 1983 c 215 º
2.]
NOTES:
Intent -- 2000 c 190: "The legislature recognizes that fewer than five percent
of all drivers use child booster seats for children over the age of four years.
The legislature also recognizes that seventy-one percent of deaths resulting
from car accidents could be eliminated if every child under the age of sixteen
used an appropriate child safety seat, booster seat, or seat belt. The
legislature further recognizes the National Transportation Safety Board's
recommendations that promote the use of booster seats to increase the safety of
children under eight years of age. Therefore, it is the legislature's intent to
decrease deaths and injuries to children by promoting safety education and
injury prevention measures, as well as increasing public awareness on ways to
maximize the protection of children in vehicles." [2000 c 190 º 1.]
Short title -- 2000 c 190: "This act may be known and cited as the Anton Skeen
Act." [2000 c 190 º 5.]
Effective date -- 2000 c 190: "This act takes effect July 1, 2002." [2000 c 190
º 6.]
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