|
Illinois
VEHICLES
(625 ILCS 25/) Child Passenger Protection Act.
(625 ILCS 25/1) (from Ch. 95 1/2, par. 1101)
Sec. 1. Title and citation. This Act shall be known and may be cited as the
"Child Passenger Protection Act".
(Source: P.A. 83‑8.)
(625 ILCS 25/2) (from Ch. 95 1/2, par. 1102)
Sec. 2. Legislative Finding ‑ Purpose. The General Assembly finds that a
substantial number of passengers under the age of 8 years riding in motor
vehicles, which are most frequently operated by a parent, annually die or
sustain serious physical injury as a direct result of not being placed in an
appropriate child passenger restraint system. Motor vehicle crashes are the
leading cause of death for children of every age from 4 to 14 years old. The
General Assembly further finds that the safety of the motoring public is
seriously threatened as indicated by the significant number of traffic accidents
annually caused, directly or indirectly, by driver distraction or other
impairment of driving ability induced by the movement or actions of unrestrained
passengers under the age of 8 years.
It is the purpose of this Act to further protect the health, safety and welfare
of motor vehicle passengers under the age of 8 years and the motoring public
through the proper utilization of approved child restraint systems.
(Source: P.A. 93‑100, eff. 1‑1‑04.)
(625 ILCS 25/3) (from Ch. 95 1/2, par. 1103)
Sec. 3. Definitions. The terms "highway", "motor vehicle", "owner", "police
officer", "recreational vehicle", "roadway" and "street" as used in this Act,
unless the context otherwise requires, have the meaning ascribed to them in The
Illinois Vehicle Code, as now or hereafter amended. For the purpose of this Act,
"motor vehicle" does not include motorcycles.
(Source: P.A. 83‑8.)
(625 ILCS 25/4) (from Ch. 95 1/2, par. 1104)
Sec. 4. When any person is transporting a child in this State under the age of 8
years in a non‑commercial motor vehicle of the first division, a motor vehicle
of the second division with a gross vehicle weight rating of 9,000 pounds or
less, or a recreational vehicle on the roadways, streets or highways of this
State, such person shall be responsible for providing for the protection of such
child by properly securing him or her in an appropriate child restraint system.
The parent or legal guardian of a child under the age of 8 years shall provide a
child restraint system to any person who transports his or her child. Any person
who transports the child of another shall not be in violation of this Section
unless a child restraint system was provided by the parent or legal guardian but
not used to transport the child.
For purposes of this Section and Section 4b, "child restraint system" means any
device which meets the standards of the United States Department of
Transportation designed to restrain, seat or position children, which also
includes a booster seat.
A child weighing more than 40 pounds may be transported in the back seat of a
motor vehicle while wearing only a lap belt if the back seat of the motor
vehicle is not equipped with a combination lap and shoulder belt.
(Source: P.A. 93‑100, eff. 1‑1‑04.)
(625 ILCS 25/4a) (from Ch. 95 1/2, par. 1104a)
Sec. 4a. Every person, when transporting a child 8 years of age or older but
under the age of 16, as provided in Section 4 of this Act, shall be responsible
for properly securing that child in seat belts.
(Source: P.A. 92‑171, eff. 1‑1‑02; 93‑100, eff. 1‑1‑04.)
(625 ILCS 25/4b)
Sec. 4b. Children 8 years of age or older but under the age of 19; seat belts.
Every person under the age of 18 years, when transporting a child 8 years of age
or older but under the age of 19 years, as provided in Section 4 of this Act,
shall be responsible for securing that child in a properly adjusted and fastened
seat safety belt or an appropriate child restraint system.
(Source: P.A. 93‑100, eff. 1‑1‑04; 94‑241, eff. 1‑1‑06.)
(625 ILCS 25/5) (from Ch. 95 1/2, par. 1105)
Sec. 5. In no event shall a person's failure to secure a child under 8 years of
age in an approved child restraint system constitute contributory negligence or
be admissible as evidence in the trial of any civil action.
(Source: P.A. 93‑100, eff. 1‑1‑04.)
(625 ILCS 25/6) (from Ch. 95 1/2, par. 1106)
Sec. 6. A violation of this Act is a petty offense punishable by a fine of not
more than $50 waived upon proof of possession of an approved child restraint
system as defined under this Act. A subsequent violation of this Act is a petty
offense punishable by a fine of not more than $100.
(Source: P.A. 92‑173, eff. 1‑1‑02.)
(625 ILCS 25/7) (from Ch. 95 1/2, par. 1107)
Sec. 7. Arrests ‑ Prosecutions. The State Police shall patrol the public
highways and make arrests for a violation of this Act. Police officers shall
make arrests for violations of this Act occurring upon the highway within the
limits of a county, city, village, or unincorporated town or park district.
The State's Attorney of the county in which the violation of this Act occurs
shall prosecute all violations except when the violation occurs within the
corporate limits of a municipality, the municipal attorney may prosecute if
written permission to do so is obtained from the State's Attorney.
The provisions of this Act shall not apply to a child passenger with a physical
disability of such a nature as to prevent appropriate restraint in a seat,
provided that the disability is duly certified by a physician who shall state
the nature of the disability, as well as the reason the restraint is
inappropriate. No physician shall be liable, and no cause of action may be
brought for personal injuries resulting from the exercise of good faith judgment
in making certifications under this provision.
(Source: P.A. 88‑685, eff. 1‑24‑95.)
(625 ILCS 25/8) (from Ch. 95 1/2, par. 1108)
Sec. 8. The "Child Passenger Restraint Act", enacted by the 82nd General
Assembly, is repealed.
(Source: P.A. 83‑8.)
(625 ILCS 25/9) (from Ch. 95 1/2, par. 1109)
Sec. 9. This Act takes effect July 1, 1983.
(Source: P.A. 83‑8.)
6/03
Indiana
http://www.in.gov/legislative/ic/code/title9/ar19/ch11.html
Information Maintained by the Office of Code Revision Indiana Legislative
Services Agency
09/11/2005 11:25:14 AM EST
IC 9-19-11
Chapter 11. Passenger Restraint Systems for Children
IC 9-19-11-1
Application of chapter
Sec. 1. This chapter does not apply to a person who operates any of the
following vehicles:
(1) A school bus.
(2) A taxicab.
(3) An ambulance.
(4) A public passenger bus.
(5) A motor vehicle having a seating capacity greater than nine (9) individuals
that is owned or leased and operated by a religious or not-for-profit youth
organization.
(6) An antique motor vehicle.
(7) A motorcycle.
(8) A motor vehicle that is owned or leased by a governmental unit and is being
used in the performance of official law enforcement duties.
(9) A motor vehicle that is being used in an emergency.
As added by P.L.2-1991, SEC.7. Amended by P.L.67-2004, SEC.3.
IC 9-19-11-2
Child less than eight years of age; child restraint system; penalty; child
restraint system account
Sec. 2. (a) A person who:
(1) holds an Indiana driver's license; and
(2) operates a motor vehicle in which there is a child less than eight (8) years
of age who is not properly fastened and restrained according to the child
restraint system manufacturer's instructions by a child restraint system;
commits a Class D infraction, unless it is reasonably determined that the child
will not fit in a child restraint system.
(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations
under this section shall be deposited in the child restraint system account
established by section 9 of this chapter.
As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.4; P.L.116-1998,
SEC.4; P.L.67-2004, SEC.4; P.L.2-2005, SEC.33.
IC 9-19-11-3
Child less than eight years of age; child does not fit in child restraint
system; Indiana driver
Sec. 3. (a) A person who holds an Indiana driver's license and operates a motor
vehicle in which there is a child commits a Class D infraction if:
(1) the child is less than eight (8) years of age and it is reasonably
determined that the child will not fit in a child restraint system; and
(2) the child is not properly fastened and restrained according
to the child restraint system manufacturer's instructions by a:
(A) child restraint system; or
(B) safety belt.
(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations
under this section shall be deposited in the child restraint system account
established by section 9 of this chapter.
As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.5; P.L.116-1998,
SEC.5; P.L.67-2004, SEC.5.
IC 9-19-11-3.3
Child less than 16 years of age; child restraint system or safety belt;
non-Indiana driver
Sec. 3.3. (a) This section does not apply to a person who holds an Indiana
driver's license.
(b) A person who operates a motor vehicle in which there is a child less than
sixteen (16) years of age who is not properly fastened and restrained according
to the child restraint system manufacturer's instructions by a:
(1) child restraint system; or
(2) safety belt;
commits a Class D infraction.
(c) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations
under this section shall be deposited in the child restraint system account
established by section 9 of this chapter.
As added by P.L.67-2004, SEC.6.
IC 9-19-11-3.6
Safety belt standards; child between eight and 16 years of age; child restraint
system or safety belt
Sec. 3.6. (a) A person who operates a motor vehicle in which there is a child
and that is equipped with a safety belt meeting the standards stated in the
Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208) commits a
Class D infraction if:
(1) the child is at least eight (8) years of age but less than sixteen (16)
years of age; and
(2) the child is not properly fastened and restrained according to the child
restraint system manufacturer's instructions by a:
(A) child restraint system; or
(B) safety belt.
(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations
under this section shall be deposited in the child restraint system account
established by section 9 of this chapter.
As added by P.L.67-2004, SEC.7.
IC 9-19-11-3.7
Exception; child over 40 pounds; lap safety belt
Sec. 3.7. Notwithstanding sections 2, 3, 3.3, and 3.6 of this chapter, a person
may operate a motor vehicle in which there is a
child who weighs more than forty (40) pounds and who is properly restrained and
fastened by a lap safety belt if:
(1) the motor vehicle is not equipped with lap and shoulder safety belts; or
(2) not including the operator's seat and the front passenger seat:
(A) the motor vehicle is equipped with one (1) or more lap and shoulder safety
belts; and
(B) all the lap and shoulder safety belts are being used to properly restrain
other children who are less than sixteen (16) years of age.
As added by P.L.67-2004, SEC.8.
IC 9-19-11-4
Designation of violations as being within authority of violations clerk
Sec. 4. Notwithstanding IC 34-28-5-9(1), a court may not designate violations of
this chapter as being within the authority of the violations clerk.
As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.96.
IC 9-19-11-5
Enforcement proceedings; acquisition by violator of restraint system; costs;
money judgments
Sec. 5. If at a proceeding to enforce section 2 of this chapter the court finds
that the person:
(1) has violated this chapter; and
(2) possesses or has acquired a child restraint system;
the court shall enter judgment against the person. However, notwithstanding IC
34-28-5-4, the person is not liable for any costs or monetary judgment if the
person has no previous judgments of violation of this chapter against the
person.
As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.97; P.L.67-2004,
SEC.9.
IC 9-19-11-6
Enforcement proceedings; absence of possession by violator of restraint system;
costs; money judgments
Sec. 6. (a) If at a proceeding to enforce section 2 of this chapter the court
finds that the person:
(1) has violated this chapter; and
(2) does not possess or has not acquired a child restraint system;
the court shall enter judgment against the person and shall order the person to
provide proof of possession or acquisition within thirty (30) days.
(b) Notwithstanding IC 34-28-5-4, if the person:
(1) complies with a court order under this section; and
(2) has no previous judgments of violation of this chapter against the person;
the person is not liable for any costs or a monetary judgment.
As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.98; P.L.67-2004,
SEC.10.
IC 9-19-11-7
Forwarding to bureau of motor vehicles certified abstract of record of judgment
Sec. 7. A court shall forward to the bureau of motor vehicles a certified
abstract of the record of judgment of any person in the court for a violation of
this chapter in the manner provided by IC 9-25-6.
As added by P.L.2-1991, SEC.7.
IC 9-19-11-8
Contributory negligence
Sec. 8. Failure to comply with this chapter does not constitute contributory
negligence.
As added by P.L.2-1991, SEC.7.
IC 9-19-11-9
Child restraint system account
Sec. 9. (a) The child restraint system account is established within the state
general fund to make grants under subsection (d).
(b) The account consists of the following:
(1) Funds collected as judgments for violations under this chapter.
(2) Appropriations to the account from the general assembly.
(3) Grants, gifts, and donations intended for deposit in the account.
(4) Interest that accrues from money in the account.
(c) The account shall be administered by the criminal justice institute.
(d) The criminal justice institute, upon the recommendation of the governor's
council on impaired and dangerous driving, shall use money in the account to
make grants to private and public organizations to:
(1) purchase child restraint systems; and
(2) distribute the child restraint systems:
(A) without charge; or
(B) for a minimal charge;
to persons who are not otherwise able to afford to purchase child restraint
systems.
The criminal justice institute shall adopt rules under IC 4-22-2 to implement
this section.
(e) Money in the account is appropriated continuously to the criminal justice
institute for the purposes stated in subsection (a).
(f) The expenses of administering the account shall be paid from money in the
account.
(g) The treasurer of state shall invest the money in the account not currently
needed to meet the obligations of the account in the same manner as other public
money may be invested. Interest that accrues from these investments shall be
deposited in the account.
(h) Money in the account at the end of a state fiscal year does not revert to
the state general fund.
As added by P.L.67-2004, SEC.11.
IC 9-19-11-10
Violation; no assessment of points
Sec. 10. The bureau may not assess points under the point system for a violation
of this chapter.
As added by P.L.67-2004, SEC.12.
IC 9-19-11-11
Violation; not basis for habitual offender determination
Sec. 11. A violation of this chapter may not be included in a determination of
habitual violator status under IC 9-30-10-4.
As added by P.L.67-2004, SEC.13.
9/05
Michigan
http://www.legislature.mi.gov/mileg.asp?page=getObject&objName=mcl-257-710e&queryid=11130372&highlight=safety%20belt
MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949
257.710e Safety belt required; driver or passenger to which section
inapplicable; transporting child 4 years of age but less than 16 years of age;
enforcement of section; violation as evidence of negligence; reduction of
recovery for damages; violation as civil infraction; reports of police
harassment; effect of primary enforcement; study; media to promote compliance;
report of findings; intent; assessment of points prohibited.
Sec. 710e.
(1) This section does not apply to a driver or passenger of any of the
following:
(a) A motor vehicle manufactured before January 1, 1965.
(b) A bus.
(c) A motorcycle.
(d) A moped.
(e) A motor vehicle if the driver or passenger possesses a written verification
from a physician that the driver or passenger is unable to wear a safety belt
for physical or medical reasons.
(f) A motor vehicle that is not required to be equipped with safety belts under
federal law.
(g) A commercial or United States postal service vehicle that makes frequent
stops for the purpose of pickup or delivery of goods or services.
(h) A motor vehicle operated by a rural carrier of the United States postal
service while serving his or her rural postal route.
(2) This section does not apply to a passenger of a school bus.
(3) Each driver and front seat passenger of a motor vehicle operated on a street
or highway in this state shall wear a properly adjusted and fastened safety
belt, except that a child less than 4 years of age shall be protected as
required in section 710d. If there are more passengers than safety belts
available for use, and all safety belts in the motor vehicle are being utilized
in compliance with this section, the driver of the motor vehicle is in
compliance with this section.
(4) Each driver of a motor vehicle transporting a child 4 years of age or more
but less than 16 years of age in a motor vehicle shall secure the child in a
properly adjusted and fastened safety belt. If the motor vehicle is transporting
more children than there are safety belts available for use, all safety belts
available in the motor vehicle are being utilized in compliance with this
section, and the driver and all front seat passengers comply with subsection
(3), then the driver of a motor vehicle transporting a child 4 years of age or
more but less than 16 years of age for which there is not an available safety
belt is in compliance with this subsection, if that child is seated in other
than the front seat of the motor vehicle. However, if that motor vehicle is a
pickup truck without an extended cab or jump seats, and all safety belts in the
front seat are being used, the driver may transport such a child in the front
seat without a safety belt.
(5) If after December 31, 2005 the office of highway safety planning certifies
that there has been less than 80% compliance with the safety belt requirements
of this section during the preceding year, then enforcement of this section by
state or local law enforcement agencies shall be accomplished only as a
secondary action when a driver of a motor vehicle has been detained for a
suspected violation of another section of this act.
(6) Failure to wear a safety belt in violation of this section may be considered
evidence of negligence and may reduce the recovery for damages arising out of
the ownership, maintenance, or operation of a motor vehicle. However, such
negligence shall not reduce the recovery for damages by more than 5%.
(7) A person who violates this section is responsible for a civil infraction.
(8) A law enforcement agency shall conduct an investigation for all reports of
police harassment that result from the enforcement of this section.
(9) The secretary of state shall engage an independent organization to conduct a
3-year study to determine the effect that the primary enforcement of this
section has on the number of incidents of police harassment of drivers. The
organization that conducts the study shall submit a report to the legislature
not later than June 30, 2001 and an annual report not later than June 30 each
year thereafter.
(10) The secretary of state shall promote compliance with the safety belt
requirements of this section at the branch offices and through any print or
visual media determined appropriate by the secretary of state.
(11) The secretary of state shall conduct a study with the cooperation and
contribution of the directors of the department of state police, the department
of community health, the state transportation department, and the insurance
bureau to analyze the monetary savings, if any, arising from the enactment of
the amendatory act that added this subsection. The secretary of state shall
report the findings of the study to all of the following not later than May 1,
2000:
(a) The senate and house of representatives appropriations committees.
(b) The senate and house of representatives fiscal agencies.
(12) It is the intent of the legislature that the enforcement of this section be
conducted in a manner calculated to save lives and not in a manner that results
in the harassment of the citizens of this state.
(13) Points shall not be assessed under section 320a for a violation of this
section.
9/05
Minnesota
http://www.revisor.leg.state.mn.us/stats/169/685.html
169.685 Seat belt; passenger restraint system for
children.
Subdivision 1. Requirement; exemptions. After
January 1, 1964, all new motor vehicles, not exempt from
Minnesota license fees, other than a bus, school bus,
motorcycle, motorized bicycle, farm tractor, road tractor, and
truck, sold or offered for sale or registered in Minnesota shall
be equipped to permit the installation of seat belts in the
front seat thereof.
Subd. 2. Required after registration. Within 30 days
after the registration of such motor vehicle, it shall be
equipped with seat belts installed for use in the left front and
right front seats thereof.
Subd. 3. Standards. The specifications and
requirements for seat belts or seat belt assemblies shall
conform with the minimum standards for seat belts or seat belt
assemblies heretofore adopted by the Society of Automotive
Engineers and in effect on January 1, 1963.
Subd. 4. Admissibility into evidence. (a) Except as
provided in paragraph (b), proof of the use or failure to use
seat belts or a child passenger restraint system as described in
subdivision 5, or proof of the installation or failure of
installation of seat belts or a child passenger restraint system
as described in subdivision 5 shall not be admissible in
evidence in any litigation involving personal injuries or
property damage resulting from the use or operation of any motor
vehicle.
(b) Paragraph (a) does not affect the right of a person to
bring an action for damages arising out of an incident that
involves a defectively designed, manufactured, installed, or
operating seat belt or child passenger restraint system.
Paragraph (a) does not prohibit the introduction of evidence
pertaining to the use of a seat belt or child passenger
restraint system in an action described in this paragraph.
Subd. 5. Violation; petty misdemeanor. (a) Every
motor vehicle operator, when transporting a child under the age
of four on the streets and highways of this state in a motor
vehicle equipped with factory-installed seat belts, shall equip
and install for use in the motor vehicle, according to the
manufacturer's instructions, a child passenger restraint system
meeting federal motor vehicle safety standards.
(b) No motor vehicle operator who is operating a motor
vehicle on the streets and highways of this state may transport
a child under the age of four in a seat of a motor vehicle
equipped with a factory-installed seat belt, unless the child is
properly fastened in the child passenger restraint system. Any
motor vehicle operator who violates this subdivision is guilty
of a petty misdemeanor and may be sentenced to pay a fine of not
more than $50. The fine may be waived or the amount reduced if
the motor vehicle operator produces evidence that within 14 days
after the date of the violation a child passenger restraint
system meeting federal motor vehicle safety standards was
purchased or obtained for the exclusive use of the operator.
(c) The fines collected for violations of this subdivision
must be deposited in the state treasury and credited to a
special account to be known as the Minnesota child passenger
restraint and education account.
Subd. 6. Exceptions. (a) This section does not apply
to:
(1) a person transporting a child in an emergency medical
vehicle while in the performance of official duties and when the
physical or medical needs of the child make the use of a child
passenger restraint system unreasonable or when a child
passenger restraint system is not available;
(2) a peace officer transporting a child while in the
performance of official duties and when a child passenger
restraint system is not available, provided that a seat belt
must be substituted; and
(3) a person while operating a motor vehicle for hire,
including a taxi, airport limousine, and bus, but excluding a
rented, leased, or borrowed motor vehicle.
(b) A child passenger restraint system is not required for
a child who cannot, in the judgment of a licensed physician, be
safely transported in a child passenger restraint system because
of a medical condition, body size, or physical disability. A
motor vehicle operator claiming exemption for a child under this
paragraph must possess a typewritten statement from the
physician stating that the child cannot be safely transported in
a child passenger restraint system. The statement must give the
name and birth date of the child, be dated within the previous
six months, and be made on the physician's letterhead or contain
the physician's name, address, and telephone number. A person
charged with violating subdivision 5 may not be convicted if the
person produces the physician's statement in court or in the
office of the arresting officer.
(c) A person offering a motor vehicle for rent or lease
shall provide a child passenger restraint device to a customer
renting or leasing the motor vehicle who requests the device. A
reasonable rent or fee may be charged for use of the child
passenger restraint device.
Subd. 7. Appropriation; special account; legislative
report. The Minnesota child passenger restraint and education
account is created in the state treasury, consisting of fines
collected under subdivision 5 and other money appropriated or
donated. The money in the account is annually appropriated to
the commissioner of public safety, to be used to provide child
passenger restraint systems to families in financial need and to
provide an educational program on the need for and proper use of
child passenger restraint systems. The commissioner shall
report to the legislature by February 1 of each odd-numbered
year on the commissioner's activities and expenditure of funds
under this section.
9/05
Ohio
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll/PORC/1f5c8/20163/204a1/204ab?f=templates&fn=document-frame.htm&
2.0#JD_451181JD_451181
§ 4511.81. Child restraint system required; child highway safety fund.
(A) When any child who is in either or both of the following categories is
being transported in a motor vehicle, other than a taxicab or public safety
vehicle as defined in section 4511.01 of the Revised Code, that is registered in
this state and is required by the United States department of transportation to
be equipped with seat belts at the time of manufacture or assembly, the operator
of the motor vehicle shall have the child properly secured in accordance with
the manufacturer's instructions in a child restraint system that meets federal
motor vehicle safety standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(B) When any child who is in either or both of the following categories is
being transported in a motor vehicle, other than a taxicab, that is registered
in this state and is owned, leased, or otherwise under the control of a nursery
school, kindergarten, or day-care center, the operator of the motor vehicle
shall have the child properly secured in accordance with the manufacturer's
instructions in a child restraint system that meets federal motor vehicle safety
standards:
(1) A child who is less than four years of age;
(2) A child who weighs less than forty pounds.
(C) The director of public safety shall adopt such rules as are necessary to
carry out this section.
(D) The failure of an operator of a motor vehicle to secure a child in a child
restraint system as required by this section is not negligence imputable to the
child, is not admissible as evidence in any civil action involving the rights of
the child against any other person allegedly liable for injuries to the child,
is not to be used as a basis for a criminal prosecution of the operator of the
motor vehicle other than a prosecution for a violation of this section, and is
not admissible as evidence in any criminal action involving the operator of the
motor vehicle other than a prosecution for a violation of this section.
(E) This section does not apply when an emergency exists that threatens the
life of any person operating a motor vehicle and to whom this section otherwise
would apply or the life of any child who otherwise would be required to be
restrained under this section.
(F) If a person who is not a resident of this state is charged with a violation
of division (A) or (B) of this section and does not prove to the court, by a
preponderance of the evidence, that the person's use or nonuse of a child
restraint system was in accordance with the law of the state of which the person
is a resident, the court shall impose the fine levied by division (H)(2) of this
section.
(G) There is hereby created in the state treasury the "child highway safety
fund, " consisting of fines imposed pursuant to divisions (H)(1) and (2) of this
section for violations of divisions (A) and (B) of this section. The money in
the fund shall be used by the department of health only to defray the cost of
designating hospitals as pediatric trauma centers under section 3727.081 of the
Revised Code and to establish and administer a child highway safety program. The
purpose of the program shall be to educate the public about child restraint
systems generally and the importance of their proper use. The program also shall
include a process for providing child restraint systems to persons who meet the
eligibility criteria established by the department, and a toll-free telephone
number the public may utilize to obtain information about child restraint
systems and their proper use.
The director of health, in accordance with Chapter 119. of the Revised Code,
shall adopt any rules necessary to carry out this section, including rules
establishing the criteria a person must meet in order to receive a child
restraint system under the department's child restraint system program; provided
that rules relating to the verification of pediatric trauma centers shall not be
adopted under this section.
(H) (1) Whoever is a resident of this state and violates division (A) or (B) of
this section shall be punished as follows:
(a) Except as otherwise provided in division (H)(1)(b) of this section, the
offender is guilty of a minor misdemeanor.
(b) If the offender previously has been convicted of or pleaded guilty to a
violation of division (A) or (B) of this section or of a municipal ordinance
that is substantially similar to either of those divisions, the offender is
guilty of a misdemeanor of the fourth degree.
(2) Whoever is not a resident of this state, violates division (A) or (B) of
this section, and fails to prove by a preponderance of the evidence that the
offender's use or nonuse of a child restraint system was in accordance with the
law of the state of which the offender is a resident is guilty of a minor
misdemeanor on a first offense; on a second or subsequent offense, that person
is guilty of a misdemeanor of the fourth degree.
(3) All fines imposed pursuant to division (H)(1) or (2) of this section shall
be forwarded to the treasurer of state for deposit in the 'child highway safety
fund' created by division (G) of this section.
9/05
Wisconsin
347.48 Safety belts and child safety restraint
systems.
(1) SAFETY BELTS REQUIRED. (a) No person may buy, sell, lease,
trade or transfer a motor vehicle other than an automobile at retail
from or to Wisconsin residents unless the vehicle is equipped with
safety belts installed for use as required under 49 CFR 571, and
no such vehicle may be operated in this state unless such belts
remain installed.
(b) No person may buy, sell, lease, trade or transfer an automobile
that is required under 49 CFR 571 to be equipped with safety
belts from or to a resident of this state unless the front designated
seating positions of the automobile are equipped with safety belts
installed for use as required under 49 CFR 571 and unless each
rear outboard designated seating position of the automobile is
equipped with a safety belt consisting of a combination of a pelvic
and upper torso restraint that conforms to standards for a Type 2
seat belt assembly under 49 CFR 571.209, and no automobile may
be operated in this state unless such belts remain installed. Nothing
in this section applies to antique reproductions.
(2) TYPE AND MANNER OF INSTALLING. All such safety belts
must be of a type and must be installed in a manner approved by
the department. The department shall establish specifications and
requirements for approved types of safety belts and attachments
thereto. The department will accept, as approved, all seat belt
installations and the belt and anchor meeting the society of automotive
engineers’ specifications.
(2m) REQUIRED USE. (a) In this subsection, “properly
restrained” means wearing a safety belt approved by the department
under sub. (2) and fastened in a manner prescribed by the
manufacturer of the safety belt which permits the safety belt to act
as a body restraint.
(b) If a motor vehicle is required to be equipped with safety
belts in this state, no person may operate that motor vehicle unless
the person is properly restrained in a safety belt.
(c) If a motor vehicle is required to be equipped with safety
belts in this state, no person may operate that motor vehicle unless
he or she reasonably believes that each passenger who is at least
4 years old and not more than 15 years old and who is seated at a
designated seating position in the front seat required under 49
CFR 571 to have a safety belt installed or at a designated seating
position in the seats, other than the front seats, for which a shoulder
harness has been installed is properly restrained.
(d) If a motor vehicle is required to be equipped with safety
belts in this state, no person who is at least 4 years old and who is
seated at a designated seating position in the front seat required
under 49 CFR 571 to have a safety belt installed or at a designated
seating position in the seats, other than the front seats, for which
a shoulder harness has been installed may be a passenger in that
motor vehicle unless the person is properly restrained.
(dm) Paragraphs (b), (c) and (d) do not apply to the operation
of an authorized emergency vehicle by a law enforcement officer
or other authorized operator under circumstances in which compliance
could endanger the safety of the operator or another.
(dr) Paragraph (b) does not apply to the operator of a vehicle
while on a route which requires the operator to make more than 10
stops per mile involving an exit from the vehicle in the scope of
his or her employment. Paragraphs (c) and (d) do not apply to a
passenger while on a route which requires the passenger to make
more than 10 stops per mile involving an exit from the vehicle in
the scope of his or her employment.
(e) The department shall, by rule, exempt from the requirements
under pars. (b) to (d) persons who, because of a physical or
medical condition, cannot be properly restrained in a safety belt.
Cross Reference: See also ch. Trans 315, Wis. adm. code.
(f) 1. This subsection does not apply if the motor vehicle is a
taxicab or is not required to be equipped with safety belts under
sub. (1) or 49 CFR 571.
2. This subsection does not apply to a privately owned motor
vehicle while being operated by a rural letter carrier for the delivery
of mail or while being operated by a delivery person for the
delivery of newspapers or periodicals.
3. This subsection does not apply to a motor vehicle while
being operated by a land surveying crew while conducting a land
survey along or upon the highway.
7. This subsection does not apply to a farm truck or dual purpose
farm truck while being used in conjunction with the planting
or harvesting of crops and not being operated upon the highway.
(g) Evidence of compliance or failure to comply with par. (b),
(c) or (d) is admissible in any civil action for personal injuries or
property damage resulting from the use or operation of a motor
vehicle. Notwithstanding s. 895.045, with respect to injuries or
damages determined to have been caused by a failure to comply
with par. (b), (c) or (d), such a failure shall not reduce the recovery
for those injuries or damages by more than 15%. This paragraph
does not affect the determination of causal negligence in the
action.
(gm) Notwithstanding s. 349.02, a law enforcement officer
may not stop or inspect a vehicle solely to determine compliance
with this subsection or sub. (1) or (2) or a local ordinance in conformity
with this subsection, sub. (1) or (2) or rules of the department.
This paragraph does not limit the authority of a law enforcement
officer to issue a citation for a violation of this subsection or
sub. (1) or (2) or a local ordinance in conformity with this subsection,
sub. (1) or (2) or rules of the department observed in the
course of a stop or inspection made for other purposes, except that
a law enforcement officer may not take a person into physical custody
solely for a violation of this subsection or sub. (1) or (2) or
a local ordinance in conformity with this subsection, sub. (1) or (2)
or rules of the department.
(3m) SAFETY BELT INFORMATION PROGRAM. The department
shall develop and administer a public information program to promote
safety belt awareness and use.
(4) CHILD SAFETY RESTRAINT SYSTEMS REQUIRED; STANDARDS;
EXEMPTIONS. (a) 1. No person may transport a child under the age
of 4 in a motor vehicle unless the child is properly restrained in a
child safety restraint system approved by the department. In this
subdivision, “properly restrained” means fastened in a manner
prescribed by the manufacturer of the system which permits the
system to act as a body restraint but does not include a system in
which the only body restraint is a safety belt of the type required
under sub. (1). The department shall, by rule, establish standards
in compliance with applicable federal standards for approved
types of child safety restraint systems for those child restraint systems
purchased after November 1, 1982.
2. No person may transport a child who is at least 4 years old
but less than 8 years old in a motor vehicle unless the child is properly
restrained in a child safety restraint system approved by the
department under subd. 1. or in a safety belt approved by the
department under sub. (2). In this subdivision, “properly
restrained” means fastened in a manner prescribed by the
manufacturer of the system which permits the system to act as a
body restraint.
3. Notwithstanding subds. 1. and 2., a person other than the
operator of a motor vehicle transporting a child required to be
properly restrained under subd. 1. or 2. may temporarily remove
a child from a safety restraint system to attend to the personal
needs of the child under all of the following conditions:
a. When the child safety restraint system is attached to a back
passenger seat.
b. When the person attending to the child’s personal needs is
seated in a back passenger seat.
c. When the person physically restrains the child while
attending to the child’s personal needs.
(b) The department may, by rule, exempt from the requirements
under par. (a) any child who because of a physical or medical
condition or body size cannot be placed in a child safety
restraint system or safety belt.
(c) This subsection does not apply if the motor vehicle is a
motor bus, school bus, taxicab, moped, motorcycle or is not
required to be equipped with safety belts under sub. (1) or 49 CFR
571.
(d) Evidence of compliance or failure to comply with par. (a)
is admissible in any civil action for personal injuries or property
damage resulting from the use or operation of a motor vehicle but
failure to comply with par. (a) does not by itself constitute negligence
9/05
|