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Alabama
Section 32-5-222
http://alisdb.legislature.state.al.us/acas/CodeOfAlabama/1975/32-5-222.htm
Section 32-5-222
Child passenger restraints; required for children under six; penalty.
(a) Every person transporting a child under the age of six years in a motor
vehicle registered in this state and 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 meeting applicable federal
motor vehicle safety standards. Provided that, with respect to a child who is
either four or five years of age, the term "child passenger restraint system
meeting applicable federal motor vehicle safety standards" shall be deemed to
include seat belts installed by the motor vehicle manufacturer, dealer or owner.
Provided that in no event shall failure to wear a child passenger restraint
system be considered as contributory negligence. Provided that the term "motor
vehicle" as used in this section shall not apply to trucks or buses having
tonnage rating of one ton or more.
(b) No provision of this section shall be construed as creating any duty,
standard of care, right, or liability between parent and child that is not
recognized under the laws of the State of Alabama as they presently exist, or
may, at any time in the future, be constituted by statute or decision.
(c) Any person violating the provisions of this section may be fined not more
than $10.00 for each offense.
(d) The provisions of this section notwithstanding, nothing contained herein
shall be deemed a violation of any law which would otherwise nullify or change
in any way the provisions or coverage of any insurance contract.
(Acts 1982, No. 82-421, p. 663; Acts 1989, No. 89-781, p.1562, §1.)
9/05
Florida
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0316/SEC613.HTM&Title=->2004->Ch0316->Section%20613#0316.613
316.613 Child restraint requirements.--
(1)(a) Every operator of a motor vehicle as defined herein, while transporting a
child in a motor vehicle operated on the roadways, streets, or highways of this
state, shall, if the child is 5 years of age or younger, provide for protection
of the child by properly using a crash-tested, federally approved child
restraint device. For children aged through 3 years, such restraint device must
be a separate carrier or a vehicle manufacturer's integrated child seat. For
children aged 4 through 5 years, a separate carrier, an integrated child seat,
or a seat belt may be used.
(b) The Division of Motor Vehicles shall provide notice of the requirement for
child restraint devices, which notice shall accompany the delivery of each motor
vehicle license tag.
(2) As used in this section, the term "motor vehicle" means a motor vehicle as
defined in s. 316.003 that is operated on the roadways, streets, and highways of
the state. The term does not include:
(a) A school bus as defined in s. 316.003(45).
(b) A bus used for the transportation of persons for compensation, other than a
bus regularly used to transport children to or from school, as defined in s.
316.615(1)(b), or in conjunction with school activities.
(c) A farm tractor or implement of husbandry.
(d) A truck of net weight of more than 5,000 pounds.
(e) A motorcycle, moped, or bicycle.
(3) The failure to provide and use a child passenger restraint shall not be
considered comparative negligence, nor shall such failure be admissible as
evidence in the trial of any civil action with regard to negligence.
(4)(a) It is the legislative intent that all state, county, and local law
enforcement agencies, and safety councils, in recognition of the problems with
child death and injury from unrestrained occupancy in motor vehicles, conduct a
continuing safety and public awareness campaign as to the magnitude of the
problem.
(b) The department may authorize the expenditure of funds for the purchase of
promotional items as part of the public information and education campaigns
provided for in this subsection and ss. 316.614, 322.025, and 403.7145.
(5) Any person who violates the provisions of this section commits a moving
violation, punishable as provided in chapter 318 and shall have 3 points
assessed against his or her driver's license as set forth in s. 322.27. In lieu
of the penalty specified in s. 318.18 and the assessment of points, a person who
violates the provisions of this section may elect, with the court's approval, to
participate in a child restraint safety program approved by the chief judge of
the circuit in which the violation occurs, and upon completing such program, the
penalty specified in chapter 318 and associated costs may be waived at the
court's discretion and the assessment of points shall be waived. The child
restraint safety program must use a course approved by the Department of Highway
Safety and Motor Vehicles, and the fee for the course must bear a reasonable
relationship to the cost of providing the course.
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Georgia
http://www.legis.state.ga.us/legis/GaCode/Title40.pdf
40-8-76.
(a) No new private passenger automobile manufactured after January 1, 1964,
shall be sold
to the general public in this state unless such automobile shall be equipped
with two sets
of safety belts for the front seat thereof. The safety belts may be installed by
the
manufacturer prior to delivery to the dealer, or they may be installed by the
dealer.
(b)(1) Every driver who transports a child under six years of age in a passenger
automobile, van, or pickup truck, other than a taxicab as defined by Code
Section
33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall,
while
such motor vehicle is in motion and operated on a public road, street, or
highway of this
state, provide for the proper restraint of such child in a child passenger
restraining system
appropriate for such child's height and weight and approved by the United States
Department of Transportation under provisions of Federal Motor Vehicle Safety
Standard
213 in effect on January 1, 1983, or at the time of manufacture, subject to the
following
specific requirements and exceptions:
(A) Any such child weighing at least 40 pounds may be secured by a lap belt
when:
(i) The vehicle is not equipped with both lap and shoulder belts; or
(ii) Not including the driver's seat, the vehicle is equipped with one or more
lap and
shoulder belts that are all being used to properly restrain other children;
(B) Any such child shall be properly restrained in a rear seat of the motor
vehicle
consistent with the requirements of this paragraph. If the vehicle has no rear
seating
position appropriate for correctly restraining a child or all appropriate rear
seating
positions are occupied by other children, any such child may be properly
restrained in
a front seat consistent with the requirements of this paragraph;
(C) A driver shall not be deemed to be complying with the provisions of this
paragraph
unless any child passenger restraining system required by this paragraph is
installed and
being used in accordance with the manufacturer's directions for such system; and
(D) The provisions of this paragraph shall not apply when the child's parent or
guardian either obtains a physician's written statement that a physical or
medical
condition of the child prevents placing or restraining him or her in the manner
required
by this paragraph. If the parent or guardian can show the child's height is over
4 feet
and 9 inches, such child shall be restrained in a safety belt as required in
Code Section
40-8-76.1.
(2) Upon a first conviction of an offense under this subsection, the defendant
shall be
punished by a fine of not more than $50.00, except in the case of a child who is
five
years of age, if the defendant shows to the court having jurisdiction of the
case that a
child passenger restraining system meeting the applicable requirements of this
subsection
has been purchased by him or her after the time of the offense and prior to the
court
appearance, the court may waive or suspend the fine for such first conviction.
This
exception shall apply until January 1, 2005. Upon a second or subsequent
conviction of
an offense under this subsection, the defendant shall be punished by a fine of
not more
than $100.00. No court shall impose any additional fees or surcharges to a fine
for such
a violation. The court imposing a fine for any violation of this Code section
shall forward
a record of the disposition of the cases annually to the Department of Public
Safety for
the sole purpose of data collection on a county by county basis.
(c) Violation of this Code section shall not constitute negligence per se nor
contributory
negligence per se. Violation of subsection (b) of this Code section shall not be
the basis for
cancellation of coverage or increase in insurance rates.
(d) The provisions of this Code section shall not apply to buses, as defined in
paragraph
(7) of Code Section 40-1-1, used in the transport of children over four years of
age until
July 1, 2007, provided that the bus is operated by a licensed or commissioned
child care
facility, has a current annual transportation safety inspection certificate as
required by the
appropriate licensing body, and has evidence of being inspected for use by a
child care
facility. If the bus is not a school bus, as defined in paragraph (55) of Code
Section 40-1-1,
or a multifunction school activities bus, as defined in 49 C.F.R. 571.3(B), each
child over
four years of age and under six years of age shall be properly restrained by a
safety belt.
Multifunction school activities buses, as defined in 49 C.F.R. 571.3(B), shall
not be
required to transport children five years of age in a child passenger
restraining system.
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Kentucky
AN ACT relating to child safety.
Be it enacted by the General Assembly of the
Commonwealth of Kentucky:
Section 1. KRS 189.125 is amended to read as follows:
(1) Except as otherwise provided in this
section, "motor vehicle" as used in this section means every vehicle
designed to carry ten (10) or fewer passengers and used for the
transportation of persons, but the term does not include:
(a) Motorcycles;
(b) Motor driven cycles; or
(c) Farm trucks registered for
agricultural use only and having a gross weight of one (1) ton or more.
(2) A[No]
person shall not sell or[any
new passenger vehicle in this state nor shall any person] make
application for registering a new motor[passenger]
vehicle in this state unless the front or forward seat or seats have
adequate anchors or attachments secured to the floor [and/]or
sides to the rear of the seat or seats to which seat belts may be secured.
(3) (a) Any driver of a
motor vehicle, when transporting a child of forty (40) inches in height or less
in a motor vehicle operated on the roadways, streets, and highways of this
state, shall have the child properly secured in a child restraint system of a
type meeting federal motor vehicle safety standards.
(b) Any driver of a motor vehicle, when
transporting a child under the age of eight (8) years who is between forty
(40) inches and four (4) feet nine (9) inches in height, and weighing less
than eighty (80) pounds, in a motor vehicle operated on the roadways,
streets, and highways of this state, shall have the child properly secured
in a child booster seat.
(4) As used in this section:[,]
(a)
"Child restraint system" means any device manufactured to transport
children in a motor vehicle which conforms to all applicable federal motor
vehicle safety standards.
(b) "Child booster seat" means a child
passenger restraint system that meets the standards set forth in 49 C.F.R.
Part 571 that is designed to elevate a child to properly sit in a
federally approved lap and shoulder belt system.
(5) Failure to use[wear]
a child passenger restraint or a child booster seat
shall not be considered as contributory negligence, nor shall such failure
to use a[wear said] passenger
restraint system or booster seat be admissible as
evidence in the trial of any civil action. Failure of any person to wear a
seat belt shall not constitute negligence per se.
(6) A[No]
person shall not operate a motor vehicle manufactured
after 1965 on the public roadways of this state unless the driver and all
passengers are wearing a properly adjusted and fastened seat belt, unless
the passenger is a child who is secured as required in subsection (3) of
this section. The provisions of this subsection shall not apply to:
(a) A person who has in his possession
at the time of the conduct in question a written statement from a
physician or licensed chiropractor that he is unable, for medical or
physical reasons, to wear a seat belt; or
(b) A letter carrier of the United
States postal service while engaged in the performance of his duties.
(7) A peace officer shall not stop or
seize a person nor issue a uniform citation for a violation of subsection
(6) of this section if the officer has no other cause to stop or seize the
person other than a violation of subsection (6) of this section.
(8) The provisions of subsections (6) and
(7) of this section shall supersede any existing local ordinance involving
the use of seat belts. An[No]
ordinance contrary to subsections (6) and (7) of this section shall
not[may] be enacted by any unit of local
government.
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Mississippi
http://www.mstc.state.ms.us/mvl/Laws/HTML%20Files/63-7-301.htm
§ 63-7-301. Requirement of device; failure to provide and use device not
deemed negligence.
(1) Every person transporting a child under the age of four (4) years in a
passenger motor vehicle, and operated on a public roadway, street or highway
within this state, shall provide for the protection of the child by properly
using a child passenger restraint device or system meeting applicable federal
motor vehicle safety standards.
(2) The term "passenger motor vehicle" as used in Sections 63-7-301 through
63-7-311 has the same meaning as defined in Section 63-2-1(2). Sections 63-7-301
through 63-7-311 do not apply to the vehicles described in Section 63-2-1(3).
(3) Failure to provide and use a child passenger restraint device or system
shall not be considered contributory or comparative negligence.
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North
Carolina
http://www.buckleupnc.org/laws_cps.cfm
NC Child Passenger Safety Law - G.S. 20-137.1
Summary of law
updated 01-04-05
NOTE: Senate Bill 1218, which implemented enhancements to the NC CPS Law, was
ratified by the NC Legislature on July 15, 2004 and signed into law by Governor
Easley on August 17. The changes went into effect January 1, 2005.
Ages/Positions Covered:
» Children less than age 16 in front or back seats are covered under the NC
Child Passenger Safety law.
» Drivers and passengers 16 years old and older are covered by the NC Seat Belt
Law.
Vehicles Covered:
» All vehicles required by federal standards to have seat belts are covered. In
general, these are cars made after 1967, light trucks and vans made after 1971,
and large buses including school and municipal buses.
Restraint Required:
» A properly used child restraint device (CRD) is required if the child is less
than 8 years old AND weighs less than 80 pounds. Most parents and other care
givers will be able to comply by using belt-positioning booster seats for
children between 40 and 80 pounds. The child must be within the weight range for
the child restraint/booster seat and it must meet Federal standards in effect at
time of manufacture.
» Children may be secured in a properly fitted seat belt at age 8 (regardless of
weight) OR at 80 pounds (regardless of age) - whichever comes first. Placing the
shoulder belt under a child’s (or adult’s) arm or behind the back is both
dangerous and illegal.
» If no seating position equipped with a lap and shoulder belt to properly
secure a belt positioning booster seat is available, a child who weighs at least
40 pounds may be restrained by a properly fitted lap belt only. WARNING:
Belt-positioning booster seats can only be used with lap and shoulder
combination safety belts. Belt-positioning booster seats must NEVER be used with
just a lap belt.
Refer to "What are Options for Children over 40 pounds? in the "Choosing and
Using" section for additional information on booster seats and safer
alternatives for lap-belt-only seating positions.
Position in Vehicle:
» The CRD must be installed in the rear seat if the child is less than age 5 and
40 lbs.and if the vehicle has a passenger side air bag and a rear seat.
» Front seat installation is allowed if the CRD is designed for use with air
bags.
Exemptions:
» Vehicles not required to have belts (such as cars made before 1968 and pickup
trucks, SUVs, and vans made before 1972, and large buses)
» Ambulances and other emergency vehicles
» If child's "personal needs" are being tended to
» If all seating positions with belts are occupied
Responsibility/Penalties:
» Driver responsible for all children less than sixteen
» Penalty not to exceed $25
» Full court costs apply ($100)
» Two (2) driver license points
» No insurance points
» No conviction if the child is less than 8 years old and proof is presented at
trial that an appropriate CRD/Booster seat has been acquired for a vehicle in
which the child is normally transported since the violation.
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South
Carolina
SECTION 56-5-6410. Child passenger
restraint systems; age and weight as
basis for required restraining system; standards. [SC ST SEC 56-5-6410]
Every driver of a motor vehicle (passenger car, pickup truck, van, or
recreational vehicle) operated on the highways and streets of this State when
transporting a child five years of age or younger upon the public streets and
highways of the State must provide an appropriate
child passenger restraint
system and must secure the child as follows:
(1) A child from birth up to one year of age or who weighs less than twenty
pounds must be properly secured in a rear-facing child safety seat which meets
the standards prescribed by the National Highway Traffic Safety Administration.
(2) A child who is at least one year of age but less than six years of age and
who weighs at least twenty pounds but less than forty pounds must be secured in
a forward-facing child safety seat provided in the motor vehicle which meets the
standards prescribed by the National Highway Traffic Safety Administration.
(3) A child who is at least one year of age but less than six years of age and
who weighs at least forty pounds but not more than eighty pounds must be secured
by a belt-positioning booster seat. The belt-positioning booster seat must be
used with both lap and shoulder belts. A booster seat must not be used with a
lap belt alone.
(4) If a child is at least one year of age but less than six years of age and
weighs more than eighty pounds, the child may be restrained in an adult safety
belt. If a child less than six years of age can sit with his back straight
against the vehicle seat back cushion, with his knees bent over the vehicle's
seat edge without slouching, the child may be seated in the regular back seat
and secured by an adult safety belt.
(5) A child who is less than six years of age must not occupy a front passenger
seat of a motor vehicle. This restriction does not apply if the motor vehicle
does not have rear passenger seats or if all rear passenger seats are occupied
by other children less than six years of age.
Any child restraint system of a type sufficient to meet the physical standards
prescribed by the National Highway Traffic Safety Administration at the time of
its manufacture is sufficient to meet the requirements of this article.
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Tennessee
55-9-602. Child passenger restraint systems -
Violations - Penalties.
(a) (1) Any person transporting any child, under one (1) year of age, or any
child, weighing twenty pounds (20 lbs.) or less, in a motor vehicle upon a road,
street or highway of Tennessee is responsible for the protection of the child
and properly using a child passenger restraint system in a rear facing position,
meeting federal motor vehicle safety standards in the rear seat if available or
according to the child safety restraint system or vehicle manufacturer's
instructions.
(2) Notwithstanding the provisions of § 55-9-603, any person transporting any
child, one (1) through three (3) years of age weighing greater than twenty
pounds (20 lbs.), in a motor vehicle upon a road, street or highway of Tennessee
is responsible for the protection of the child and properly using a child
passenger restraint system in a forward facing position, meeting federal motor
vehicle safety standards in the rear seat if available or according to the child
safety restraint system or vehicle manufacturer's instructions.
(3) Notwithstanding the provisions of § 55-9-603, any person transporting any
child, four (4) through eight (8) years of age and measuring less than five feet
(5') in height, in a passenger motor vehicle upon a road, street or highway of
Tennessee is responsible for the protection of the child and properly using a
belt positioning booster seat system, meeting federal motor vehicle safety
standards in the rear seat if available or according to the child safety
restraint system or vehicle manufacturer's instructions.
(4) (A) If a child is not capable of being safely transported in a conventional
child passenger restraint system as provided for in this subsection (a), a
specially modified, professionally manufactured restraint system meeting the
intent of this subsection (a) shall be in use; provided, however, that the
provisions of this subdivision (a)(4) shall not be satisfied by use of the
vehicle's standard lap or shoulder safety belts independent of any other child
passenger restraint system. A motor vehicle operator who is transporting a child
in a specially modified, professionally manufactured child passenger restraint
system shall possess a copy of the physician's signed prescription that
authorizes the professional manufacture of the specially modified child
passenger restraint system.
(B) A person shall not be charged with a violation of this subsection (a) if
such person presents a copy of the physician's prescription in compliance with
the provisions of this subdivision (a)(4) to the arresting officer at the time
of the alleged violation.
(C) A person charged with a violation of this subsection (a) may, on or before
the court date, submit a copy of the physician's prescription and evidence of
possession of a specially modified, professionally manufactured child passenger
restraint system to the court. If the court is satisfied that compliance was in
effect at the time of the violation, the charge for violating the provisions of
this subsection (a) may be dismissed.
(b) All passenger vehicle rental agencies doing business in the state of
Tennessee shall make available at a reasonable rate to those renting such
vehicles an approved restraint as described in subsection (a).
(c) (1) A violation of this section is a Class C misdemeanor.
(2) In addition to or in lieu of the penalty imposed under subdivision (c)(1),
persons found guilty of a first offense of violating this section may be
required to attend a court approved offenders' class designed to educate
offenders on the hazards of not properly transporting children in motor
vehicles. A fee may be charged for such classes sufficient to defray all costs
of providing such classes.
(d) Any incorporated municipality may by ordinance adopt by reference any of
the provisions of this section, it being the legislative intent to promote the
protection of children wherever and whenever possible.
(e) Prior to the initial discharge of any newborn child from a health care
institution offering obstetrical services, such institution shall inform the
parent that use of a child passenger restraint system is required by law.
Further, the health care institution shall distribute to the parent related
information provided by the department of safety.
(f) (1) There is established within the general fund a revolving special
account to be known as the child safety fund, hereinafter referred to as the
"fund."
(2) All fines imposed by this section shall be sent by the clerk of the court to
the state treasurer for deposit in the fund.
(3) Any unencumbered funds and any unexpended balance of this fund remaining at
the end of any fiscal year shall not revert to the general fund, but shall be
carried forward until expended in accordance with the provisions of this section
and § 55-9-610.
(4) Interest accruing on investments and deposits of the fund shall be returned
to the fund and remain a part of the fund.
(5) Disbursements from, investments of and deposits to the fund shall be
administered and invested pursuant to the provisions of title 9, chapter 4, part
5.
(6) The state treasurer may deduct reasonable service charges from the fund
pursuant to procedures established by the state treasurer and the commissioner
of finance and administration.
(7) The department of health is authorized, pursuant to duly promulgated rules
and regulations, to determine equitable distribution of the moneys in the fund
to those entities that are best suited for child passenger safety system
distribution. Funds distributed pursuant to the provisions of this section shall
only be used for the purchase of child passenger safety systems to be loaned or
given to the parent or guardian.
(g) (1) (A) Notwithstanding the provisions of § 55-9-603, any person
transporting any child, nine (9) through twelve (12) years of age, or any child
through twelve (12) years of age, measuring five feet (5') or more in height, in
a passenger motor vehicle upon a road, street or highway of Tennessee is
responsible for the protection of the child and properly using a seat belt
system meeting federal motor vehicle safety standards. It is recommended that
any such child be placed in the rear seat if available.
(B) Notwithstanding the provisions of § 55-9-603, any person transporting any
child, thirteen (13) through fifteen (15) years of age, in a passenger motor
vehicle upon a road, street or highway of Tennessee is responsible for the
protection of the child and properly using a passenger restraint system,
including safety belts, meeting federal motor vehicle safety standards.
(2) A person charged with a violation of this subsection (g) may, in lieu of
appearance in court, submit a fine of fifty dollars ($50.00) to the clerk of the
court which has jurisdiction of such offense within the county in which the
offense charged is alleged to have been committed.
(3) No litigation tax levied pursuant to the provisions of title 67, chapter 4,
part 6, shall be imposed or assessed against anyone convicted of a violation of
this subsection (g), nor shall any clerk's fee or court costs, including but not
limited to any statutory fees of officers, be imposed or assessed against anyone
convicted of a violation of this subsection (g).
(4) (A) Notwithstanding any provision of subsection (f) to the contrary, the
revenue generated by ten dollars ($10.00) of the fifty dollar ($50.00) fine
under subdivision (g)(2) for a person's first conviction under this subsection
(g), shall be deposited in the state general fund without being designated for
any specific purpose. The remaining forty dollars ($40.00) of such fifty dollar
($50.00) fine for a person's first conviction under this subsection (g) shall be
deposited to the child safety fund in accordance with subsection (f).
(B) The revenue generated from such person's second or subsequent conviction
under this subsection (g) shall be deposited to the child safety fund in
accordance with subsection (f).
(5) Notwithstanding any provision of law to the contrary, no more than one (1)
citation may be issued for a violation of this subsection per vehicle per
occasion. If the driver is neither a parent nor legal guardian of the child and
the child's parent or legal guardian is present in the vehicle, the parent or
legal guardian is responsible for ensuring that the provisions of this
subsection (g) are complied with. If no parent or legal guardian is present at
the time of the violation, the driver is solely responsible for compliance with
this subsection (g).
(h) As used in this section, unless specified otherwise, "passenger motor
vehicle" means any motor vehicle with a manufacturer's gross vehicle weight
rating of ten thousand pounds (10,000 lbs.) or less, that is not used as a
public or livery conveyance for passengers. "Passenger motor vehicle" does not
apply to motor vehicles which are not required by federal law to be equipped
with safety belts.
(i) A person who has successfully met the minimum required training standards
for installation of child restraint devices established by the national highway
traffic safety administration of the United States department of transportation,
who in good faith installs or inspects the installation of a child restraint
device shall not be liable for any damages resulting from any act or omission
related to such installation or inspection unless such act or omission was the
result of the person's gross negligence or willful misconduct.
(j) Notwithstanding any provisions of this part to the contrary, for any child
transported by child care agencies licensed by the department of human services
pursuant to title 71, chapter 3, part 5 and transported pursuant to the rules
and regulations of such department, such rules and regulations shall remain
effective until the department amends such rules and regulations; provided,
however, that the department shall either promulgate rules consistent with the
provisions of this part or promulgate rules exceeding, based on applicable
federal regulations or standards, the provisions of this part no later than
January 1, 2007.
(k) (1) The failure to use a child restraint system shall not be admissible
into evidence in a civil action; provided, however, that evidence of a failure
to use a child restraint system, as required by this section, may be admitted in
a civil action as to the causal relationship between noncompliance and the
injuries alleged, if the following conditions have been satisfied:
(A) The plaintiff has filed a products liability claim;
(B) The defendant alleging noncompliance with this section shall raise this
defense in its answer or timely amendment thereto in accordance with the rules
of civil procedure; and
(C) Each defendant seeking to offer evidence alleging noncompliance with this
section has the burden of proving noncompliance with this section, that
compliance with this section would have reduced injuries and the extent of the
reduction of such injuries.
(2) Upon request of any party, the trial judge shall hold a hearing out of the
presence of the jury as to the admissibility of such evidence in accordance with
the provisions of this subsection (k) and the Tennessee Rules of Evidence.
(3) Notwithstanding any provision of this subsection (k) to the contrary, if a
party to the civil action is not the parent or legal guardian, then evidence of
a failure to use a child restraint system, as required by this section, may be
admitted in such action as to the causal relationship between noncompliance and
the injuries alleged.
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