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Delaware
http://www.delcode.state.de.us/title21/c048/index.htm#TopOfPage
§ 4803. Child restraint in motor vehicles.
(a) Every person shall be responsible, when transporting a child through the age
of 6 and weighing less than 60 lbs. in a motor vehicle operated on the roadways,
streets or highways of this State, for providing protection of the child by
properly securing the child in all seating positions, according to
manufacturer's instruction, in a child safety seat or booster seat meeting
federal motor vehicle safety standards, and that is appropriate for the child's
weight and height. Every child who has either attained the age of 7 or a weight
of 60 lbs. and has not yet attained the age of 16 shall, in all seating
positions, wear a properly secured seatbelt while in a motor vehicle operated on
the roadways, streets or highways of this State. The duty imposed by this
subsection shall not apply to any operator or passenger of a motor bus,
limousine or taxicab as defined in § 1801 of Title 2.
(b)(1) No child who is 65 inches or less in height and who is under 12 years of
age shall occupy the front passenger seat of any vehicle equipped with a
passenger-side airbag that has not been deliberately rendered inoperable in
conformity with federal law. This subsection shall not apply to vehicles
equipped with a passenger-side airbag specifically designed or modified by the
vehicle's manufacturer for use by children and small adults.
(2) It shall not be a violation of this section for a child 65 inches or less in
height and under 12 years of age to occupy the front passenger seat of a vehicle
equipped with a passenger-side airbag that has not been deliberately rendered
inoperable in conformity with federal law if such vehicle does not have a rear
passenger seat or if all rear passenger seats are occupied by other children 65
inches or less in height and under 12 years of age. A violation of this
subsection shall be considered a secondary offense, and no motor vehicle shall
be stopped by a police officer solely for failure to comply with this section.
(c) A violation of this section shall be an offense punishable by a fine of $25
for each violation. The failure to provide a child restraint system or seat belt
for more than 1 child in the same vehicle at the same time, as required by this
section, shall not be treated as a separate offense.
(d) A violation of this section shall not be considered as evidence of either
comparative or contributory negligence in any civil suit or of criminal
negligence or recklessness in any criminal action arising out of any motor
vehicle accident in which a child under 16 is injured, nor shall failure to wear
a child passenger restraint system or seat belt in violation of this section be
admissible as evidence in the trial of any civil action.
(e) Following May 9, 2002, and prior to January 1, 2003, the Department of
Safety and Homeland Security shall implement an awareness campaign to educate
motorists about the components of the law and to encourage the public to
correctly and consistently uses child safety seats, booster seats and seatbelts.
(63 Del. Laws, c. 251, § 1; 66 Del. Laws, c. 409, §§ 1, 2; 68 Del. Laws, c. 9, §
38; 68 Del. Laws, c. 34, § 2; 69 Del. Laws, c. 418, §§ 1-8; 71 Del. Laws, c.
480, § 1; 73 Del. Laws, c. 254, §§ 1-3; 74 Del. Laws, c. 110, § 138; 74 Del.
Laws, c. 129, § 1; 74 Del. Laws, c. 277, §§ 8, 9; 74 Del. Laws, c. 316, §§ 1,
2.)
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District of Columbia
http://dccode.westgroup.com/find/text.wl?RecreatePath=/find/default.wl&RLT=CLID%5FFQRLT7989&Docname=DCCODES50%2D1703&FindType=W&Db=DC%2DTOC%2DWEB%3BSTADCTOC&StatEdCode=0&RS=WLW2.07&VR=1.0&n=1
DC ST § 50-1703
Formerly cited as DC ST 1981 § 40-1203
§ 50-1703. Requirements.
TEXT (a)
(a) The operator of a motor vehicle may not transport any child of less than 3
years of age unless the child is properly restrained in a child restraint seat.
TEXT (b)
(b) The operator of a motor vehicle shall not transport any child under 16 years
of age unless the child is properly restrained in an approved child safety
restraint system or restrained in a seat belt. Children under 8 years of age
shall be properly seated in an installed infant, convertible (toddler) or
booster child safety seat, according to the manufacturer's instructions. A
booster seat shall only be used with both a lap and shoulder belt.
TEXT (c)
(c) A parent or legal guardian may transport his or her own child without
restraint herein if that person is transporting a number of his or her own
children of less than 16 years of age which exceeds the number of passenger
positions equipped with safety belts in the motor vehicle. However, an
unrestrained child may not be transported in the front seat of a motor vehicle.
TEXT (d)
(d) Automobile rental companies shall be required to inform each customer of the
provisions of this chapter and provide educational materials to the customer.
The educational materials shall be provided by the Department of Transportation.
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Maryland
http://198.187.128.12/maryland/lpext.dll/Infobase/572f8/5bcd9/5bf68/5c08f?f=templates&fn=document-frame.htm&2.0#JD_tr22-4122JD_tr22-4122
§ 22-412.2. Child safety seats.
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) (i) "Child safety seat" means a device, including a child booster seat, that
the manufacturer:
1. Certifies is manufactured in accordance with applicable federal safety
standards; and
2. Intends to be used to restrain, seat, or position a child who is transported
in a motor vehicle.
(ii) "Child safety seat" does not mean a seat belt or combination seat
belt-shoulder harness used alone.
(3) (i) "Seat belt" means a restraining device described under § 22-412 of this
subtitle.
(ii) "Seat belt" includes a combination seat belt-shoulder harness.
(b) Accordance with directions of manufacturer required.- A child safety seat
meets the requirements of this section only if it is installed and used in
accordance with the directions of the manufacturer.
(c) Application to vehicles.- This section applies to the transportation of a
child in a vehicle registered, or of a type capable of being registered, in this
State as a:
(1) Class A (passenger) vehicle;
(2) Class E (truck) with a manufacturer's rated capacity of 3/4 ton or less, the
gross vehicle weight of which does not exceed 7,000 pounds; or
(3) Class M (multipurpose) vehicle.
(d) Child under age of 6 or weighing 40 pounds or less.- A person transporting
a child in a motor vehicle registered in the State shall secure the child in a
child safety seat in accordance with the child safety seat and vehicle
manufacturers' instructions if the child:
(1) Is under the age of 6 years, regardless of the child's weight; or
(2) Weighs 40 pounds or less, regardless of the child's age.
(d-1) Child under age of 4 or weighing 40 pounds or less.- A person
transporting a child in a motor vehicle registered in another state, in the
District of Columbia, or in another country, shall secure the child in a child
safety seat in accordance with the child safety seat and vehicle manufacturers'
instructions if the child:
(1) Is under the age of 4 years, regardless of the child's weight; or
(2) Weighs 40 pounds or less, regardless of the child's age.
(e) Child weighing more than 40 pounds and less than age of 16.- A person may
not transport a child under the age of 16 years unless the child is secured in:
(1) A child safety seat in accordance with the child safety seat and vehicle
manufacturers' instructions; or
(2) A seat belt.
(f) Medical exception.- If a physician, who is licensed to practice medicine in
the state in which the vehicle transporting the child is registered, certifies
in writing that use of a child safety seat by a particular child would be
impractical due to the child's weight, physical unfitness, or other medical
reason, there is not a violation of this section.
(g) Individual use.- A child safety seat or seat belt may not be used to
restrain, seat, or position more than 1 individual at a time.
(h) Securing locations.- If the number of children subject to the provisions of
this section exceeds the number of passenger securing locations suitable for
securing a child either in a seat belt or in a child safety seat in accordance
with this section, and all of those securing locations are in use by children,
there is not a violation of this section.
(i) Effect of violations.- A violation of this section is not contributory
negligence and may not be admitted as evidence in the trial of any civil
action.
(j) Moving violation.- A violation of this section is not considered a moving
violation for purposes of § 16-402 of this article.
(k) Separate violation.- The failure to provide a child safety seat or seat
belt for more than 1 child in the same vehicle at the same time, as required by
this section, shall be treated as a single violation.
(l) Fine; waiver.-
(1) Any person convicted of a violation of this section is subject to a fine of
$25.
(2) A judge may waive the fine if the person charged with violation of this
section:
(i) Did not possess a child safety seat at the time of the violation;
(ii) Acquires a child safety seat prior to the hearing date; and
(iii) Provides proof of acquisition to the court.
(m) Implementation; compliance.- The Department of Transportation and the
Department of Health and Mental Hygiene shall jointly implement the Child Safety
Seat Program and foster compliance with this section through educational and
promotional efforts.
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Pennsylvania
http://www.pacode.com/secure/data/067/chapter102/chap102toc.html
§ 102.1. Purpose.
(a) Section 4581 of the act (relating to restraint systems) requires all
children under 8 years of age traveling anywhere in a passenger car, Class I
truck, Class II truck, classic motor vehicle, antique motor vehicle or motor
home be fastened securely in a child passenger restraint system or child booster
seat.
(b) Section 4581 also provides that exemptions will be allowed if it is
determined, according to the rules and regulations of the Department, that the
use of a child passenger restraint system or child booster seat would be
impractical for physical reasons including, but not limited to, medical reasons
or the size of the child.
(c) This chapter establishes the criteria determining when use of a child
passenger restraint system is impractical.
§ 102.2. Definitions.
The following words and terms, when used in this chapter, have the following
meanings, unless the context clearly indicates otherwise:
Act—75 Pa.C.S. § § 101—9910 (relating to Vehicle Code).
Child booster seat—A child passenger restraint system or a belt positioning
seat designed and manufactured to meet Federal motor vehicle safety standards in
49 CFR 571.213 (relating to child restraint systems) to position a child to
properly sit in a Federally-approved safety seat belt system.
Child passenger restraint system—A device or system to enhance the safety of
children in motor vehicles which is designed and manufactured for use in motor
vehicles equipped with a safety seat belt system and which meets the Federal
motor vehicle safety standards in 49 CFR 571.213.
Department—The Department of Transportation of the Commonwealth.
§ 102.3. Physical criteria for use of child passenger restraint system.
(a) General criteria. Children under 4 years of age shall be securely fastened
in a safety seat belt system and a child passenger restraint system appropriate
for their height and weight in accordance with the recommendations of the
manufacturer. Children 4 years of age but younger than 8 years of age shall be
securely fastened in a safety seat belt system and an appropriately fitting
child booster seat in accordance with the recommendations of the manufacturer.
(b) Exemption based on child’s weight or height, or on vehicle
characteristics. Exemption from the general criteria in subsection (a) shall be
as follows:
(1) Children 4 years of age but younger than 8 years of age who weigh less
than 40 pounds may, in lieu of use of a booster seat, be securely fastened in a
child safety seat or other child passenger restraint system appropriate for
their height and weight in accordance with the recommendations of the
manufacturer.
(2) Children 4 years of age but younger than 8 years of age riding in a
passenger position in the vehicle which was not originally equipped with a
shoulder safety seat belt shall be fastened in the safety seat belt system
without the use of a child booster seat and may be fastened in a child passenger
restraint system appropriate for their height and weight in accordance with the
recommendations of the manufacturer.
(3) Children 4 years of age but younger than 8 years of age who weigh more
than 80 pounds or who are of a height of 4 feet 9 inches or taller may be
fastened in the safety seat belt system without the use of a child booster seat.
§ 102.4. Medical exemption from use of child passenger restraint system.
(a) Exemption from the use of a child passenger restraint system for medical
reasons may be obtained upon written certification by a physician that use of a
child passenger restraint system is impractical. The certification shall be made
on a form developed by the Department which shall requires the following
information:
(1) The physician’s name and practice address.
(2) The date the form was completed.
(3) The name, age and weight of the child.
(4) The medical or physical reasons that the use of a particular child
passenger restraint system or systems is impractical.
(5) A recommendation of the type of restraint the child should be fastened
into or a statement that no appropriate restraint system is known.
(6) A recommendation regarding the length of time the exemption should
extend, or a statement of the conditions under which the exemption should be
lifted.
(7) Other information deemed relevant by the physician, such as whether the
child can be fastened into the child passenger restraint system but for only
limited periods of time.
(b) The completed form shall be in the possession of the vehicle operator
whenever the child is being transported.
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Virginia
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+46.2-1095
§ 46.2-1095. Child restraint devices required when transporting certain
children; safety belts for other children less than sixteen years old required;
penalty.
A. Any person who drives on the highways of Virginia any motor vehicle
manufactured after January 1, 1968, shall ensure that any child, through age
five, whom he transports therein is provided with and properly secured in a
child restraint device of a type which meets the standards adopted by the United
States Department of Transportation.
B. Any person transporting any child less than sixteen years old, except for
those required pursuant to subsection A to be secured in a child restraint
device, shall ensure that such child is provided with and properly secured by an
appropriate safety belt system when driving on the highways of Virginia in any
motor vehicle manufactured after January 1, 1968, equipped or required by the
provisions of this title to be equipped with a safety belt system, consisting of
lap belts, shoulder harnesses, combinations thereof or similar devices.
C. A violation of this section shall not constitute negligence, be considered in
mitigation of damages of whatever nature, be admissible in evidence or be the
subject of comment by counsel in any action for the recovery of damages in a
civil action.
D. A violation of this section may be charged on the uniform traffic summons
form.
E. Nothing in this section shall apply to taxicabs, school buses, executive
sedans, limousines, or the rear cargo area of vehicles other than pickup trucks.
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West
Virginia
§17C-15-46. Child passenger safety devices
required; child safety seats and booster seats.
Every driver who transports a child under the age of nine years in a passenger
automobile, van or pickup truck other than one operated for hire shall, while
such motor vehicle is in motion and operated on a street or highway of this
state, provide for the protection of such child by properly placing, maintaining
and securing such child in a child passenger safety device system meeting
applicable federal motor vehicle safety standards: Provided, That if a child is
at least four years of age or at least forty pounds in weight, a safety belt
shall be sufficient to meet the requirements of this section.
Any person who violates any provision of this section is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than ten dollars nor more
than twenty dollars.
A violation of this section shall not be deemed by virtue of such violation to
constitute evidence of negligence or contributory negligence or comparative
negligence in any civil action or proceeding for damages.
If any provision of this section or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions
or applications of this section and to this end the subsections of this section
are declared to be severable.
If all seat belts in a vehicle are being used at the time of examination by a
law officer and the vehicle contains more passengers than the total number of
seat belts or other safety devices as installed in compliance with federal motor
vehicle safety standards, the driver shall not be considered as violating this
section.
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