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Arkansas
http://170.94.58.9/NXT/gateway.dll/ARCode/title35673.htm/subtitle36525.htm/chapter36542.htm/section36546.htm?f=templates$fn=document-frame.htm$3.0$q=child%20passenger%20restraint$x=Advanced$nc=1054#LPHit1
27-34-104. Requirements.
(a) Every driver who transports a child under fifteen (15) years of age in a
passenger automobile, van, or pickup truck, other than one (1) operated for
hire, which is registered in this or any other state, shall provide while the
motor vehicle is in motion and operated on a public road, street, or highway of
this state for the protection of the child by properly placing, maintaining, and
securing the child in a child passenger restraint system properly secured to the
vehicle and meeting applicable federal motor vehicle safety standards in effect
on January 1, 1995.
(b) A child who is less than six (6) years of age and who weighs less than sixty
pounds (60 lbs.) shall be restrained in a child passenger safety seat properly
secured to the vehicle.
(c) If a child is at least six (6) years of age or at least sixty pounds (60
lbs.) in weight, a safety belt properly secured to the vehicle shall be
sufficient to meet the requirements of this section.
History. Acts 1983, No. 749, § 2; A.S.A. 1947, § 75-2602; Acts 1995, No. 1274, §
2; 2001, No. 470, § 1; 2003, No. 1776, § 3.
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Louisiana
http://www.legis.state.la.us/lss/lss.asp?doc=88231
§295. Child passenger restraint system
A. Except as provided in Subsections C, D, and E of this Section, every driver
in this state who transports a child or children under the age of thirteen years
in a motor vehicle which is equipped with safety belts shall have the child
properly secured as follows:
(1) A child younger than six years of age or weighing sixty pounds or less shall
be restrained in a child restraint system as provided for in this Subsection
that complies with standards of the United States Department of Transportation
and is secured in the vehicle in accordance with the instructions of the
manufacturer of the child restraint system and the passenger seating position is
equipped with a safety belt system that allows sufficient space for
installation. The child restraint system required for a child younger than six
years of age or weighing sixty pounds or less is, in descending order of
protectiveness, as follows:
(a) A child who is younger than one year of age or weighs less than twenty
pounds shall be restrained in a rear-facing child safety seat.
(b) A child who is at least one year of age but younger than four years of age
or who weighs at least twenty pounds but less than forty pounds shall be
restrained in a forward-facing child safety seat.
(c) A child who is at least four years of age but younger than six years of age
or1 who weighs at least forty pounds but not more than sixty pounds shall be
restrained in a child booster seat. The requirements of this Subparagraph shall
not apply in any seating position where there is only a lap belt available and
the child weighs more than forty pounds.
(2) A child who is at least six years of age or weighs more than sixty pounds
shall be restrained with the motor vehicle's safety belt adjusted and fastened
around the child's body or in an appropriately fitting child booster seat in
accordance with the instructions of the manufacturer of the safety belt or child
booster seat.
(3) A child who because of age or weight can be placed in more than one category
shall be placed in the more protective category.
B.(1) The term "motor vehicle" as used in this Section shall not mean the
following: bicycle; farm tractor; motorcycle or motor-driven cycle; truck of
manufacturer's rating carrying capacity of over two thousand pounds; ambulance
or other emergency vehicle; school bus as defined in R.S. 32:1(62)(a) and (b);
church bus, private bus, or recreational vehicle which has a passenger capacity
of over ten persons; or commercial truck, van, or taxi.
(2) The term "child restraint system" as used in this Section shall mean a lap
belt, a shoulder harness, or an age- or size-appropriate child safety seat as
required by this Section.
(3) The term "child booster seat" as used in this Section means a child
passenger restraint system that meets the Federal Motor Vehicle Safety Standards
set forth in 49 C.F.R. 571.213 and is designed to elevate a child to properly
sit in a federally approved safety belt system.
C. When the vehicle is equipped with a passenger side air bag supplemental
restraint system and the air bag system is activated, the driver of a vehicle
transporting a child who is younger than six years of age or weighs less than
sixty pounds shall transport the child in the rear seat positions in the
vehicle, if rear seats are available.
D. When the number of children under the age of thirteen in the motor vehicle
exceeds the number of age- or size-appropriate passenger restraint systems and
seat belts available in the motor vehicle, the unrestrained children shall be
seated in a rear seat, if rear seats are available.
E. The provisions of this Section shall not apply when one of the following
conditions exists:
(1) The motor vehicle is being used as an ambulance or other emergency vehicle.
(2) An emergency exists which threatens the life of any person operating a motor
vehicle to whom this Section otherwise would apply or the life of any child who
otherwise would be required to be restrained under this Section.
(3) Any child who would otherwise be required to be restrained under this
Section who is physically unable because of medical reasons to use a child
passenger safety system or safety belt.
F. In no event shall failure to wear a child passenger safety seat system be
considered as comparative negligence, nor shall such failure be admissible as
evidence in the trial of any civil action with regard to negligence, nor shall
such failure be considered a moving violation.
G. Any operator of a motor vehicle stopped for a violation of this Section and
against whom enforcement action has been taken shall not be guilty of a
subsequent violation of this Section until after twenty-four hours have elapsed
from the date and time of the violation as indicated on the traffic ticket.
H. A violation of this Section involving failure to secure a child in any type
of child restraint system shall be a primary offense. However, failure to secure
a child in the age- or size-appropriate restraint, as specified by Subsection A
of this Section, shall be a secondary offense and a driver may be cited only if
stopped for a moving violation.
I.(1) Except as provided by Paragraph (2) of this Subsection, any person who
violates this Section shall upon conviction be fined fifty dollars for a first
offense, one hundred dollars for a second offense, and one hundred dollars plus
all costs of court for a third or subsequent offense. In addition to the fine,
the license of a defendant in violation of this Section shall be confiscated and
driving privileges suspended until such time as satisfactory proof is presented
to the court that the defendant has acquired an approved age- or
size-appropriate passenger restraint system where applicable.
(2) Any person who violates this Section but whose violation is limited to
failure to utilize an age- or size-appropriate child restraint system to secure
an otherwise restrained child shall not be fined more than twenty-five dollars
including fees and court costs.
J. The Department of Public Safety and Corrections shall initiate an educational
program designed to encourage compliance with the child passenger restraint
system requirements of this Section.
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New
Mexico
http://www.conwaygreene.com/nmsu/lpext.dll/Infobase4/992/1c2ca/1ccb5/1cd44/1ce8c?f=templates&fn=document-frame.htm&2.0#JD_66-7-369JD_66-7-369
66-7-369. Child passenger restraint; enforcement.
A. A person shall not operate a passenger car, van or pickup truck in this
state, except for an authorized emergency vehicle, public transportation or a
school bus, unless all passengers less than eighteen years of age are properly
restrained.
B. Each person less than eighteen years of age shall be properly secured in
a child passenger restraint device or by a safety belt, unless all seating
positions equipped with safety belts are occupied, as follows:
(1) children less than one year of age shall be properly secured in a
rear-facing child passenger restraint device that meets federal standards, in
the rear seat of a vehicle that is equipped with a rear seat. If the vehicle is
not equipped with a rear seat, the child may ride in the front seat of the
vehicle if the passenger-side air bag is deactivated or if the vehicle is not
equipped with a deactivation switch for the passenger-side air bag;
(2) children one year of age through four years of age, regardless of
weight, or children who weigh less than forty pounds, regardless of age, shall
be properly secured in a child passenger restraint device that meets federal
standards; and
(3) children five years of age through twelve years of age shall be secured
in a child passenger restraint device or by a seat belt.
C. Failure to be secured by a child passenger restraint device or by a safety
belt as required by this section shall not in any instance constitute fault or
negligence and shall not limit or apportion damages.
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Oklahoma
http://www2.lsb.state.ok.us/os/os%5F47%2D11%2D1112.rtf
§47-11-1112. Child passenger restraint system required for certain vehicles -
Exemptions.
A. Every driver, when transporting a child under six (6) years of age in a motor
vehicle operated on the roadways, streets, or highways of this state, shall
provide for the protection of said child by properly using a child passenger
restraint system. For purposes of this section and Section 11-1113 of this
title, “child passenger restraint system” means an infant or child passenger
restraint system which meets the federal standards as set by 49 C.F.R. §571.213.
B. Children at least six (6) years of age but younger than thirteen (13) years
of age shall be protected by use of a child passenger restraint system or a seat
belt.
C. The provisions of this section shall not apply to:
1. The driver of a school bus, taxicab, moped, motorcycle, or other motor
vehicle not required to be equipped with safety belts pursuant to state or
federal laws;
2. The driver of an ambulance or emergency vehicle;
3. The driver of a vehicle in which all of the seat belts are in use;
4. The transportation of children who for medical reasons are unable to be
placed in such devices; or
5. The transportation of a child who weighs more than forty (40) pounds and who
is being transported in the back seat of a vehicle while wearing only a lap
safety belt when the back seat of the vehicle is not equipped with combination
lap and shoulder safety belts, or when the combination lap and shoulder safety
belts in the back seat are being used by other children who weigh more than
forty (40) pounds. Provided, however, for purposes of this paragraph, back seat
shall include all seats located behind the front seat of a vehicle operated by a
licensed child care facility or church. Provided further, there shall be a
rebuttable presumption that a child has met the weight requirements of this
paragraph if at the request of any law enforcement officer, the licensed child
care facility or church provides the officer with a written statement verified
by the parent or legal guardian that the child weighs more than forty (40)
pounds.
D. A law enforcement officer is hereby authorized to stop a vehicle if it
appears that the driver of the vehicle has violated the provisions of this
section and to give an oral warning to said driver. The warning shall advise the
driver of the possible danger to children resulting from the failure to install
or use a child passenger restraint system or seat belts in the motor vehicle.
E. A violation of the provisions of this section shall not be admissible as
evidence in any civil action or proceeding for damages.
F. In any action brought by or on behalf of an infant for personal injuries or
wrongful death sustained in a motor vehicle collision, the failure of any person
to have the infant properly restrained in accordance with the provisions of this
section shall not be used in aggravation or mitigation of damages.
G. Any person convicted of violating subsection A or B of this section shall be
punished by a fine of Ten Dollars ($10.00) and shall pay a maximum of Fifteen
Dollars ($15.00) court costs thereof. This fine shall be suspended in the case
of the first offense upon proof of purchase or acquisition by loan of a child
passenger restraint system. Provided, the Department of Public Safety shall not
assess points to the driving record of any person convicted of a violation of
this section.
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Texas
http://www.capitol.state.tx.us/cgi-bin/cqcgi?CQ_SESSION_KEY=ZWDTFAUMTIGY&CQ_QUERY_HANDLE=125078&CQ_CUR_DOCUMENT=5&CQ_TLO_DOC_TEXT=YES
§ 545.412. CHILD PASSENGER SAFETY SEAT SYSTEMS;
OFFENSE.
Subsection (a) as amended by Acts 2001, 77th Leg., ch. 618, § 1
(a) A person commits an offense if the person operates a
passenger car or light truck and transports a child who is younger
than five years of age and less than 36 inches in height and does not
keep the child secured during the operation of the vehicle in a
child passenger safety seat system according to the instructions of
the manufacturer of the safety seat system
Subsection (a) as amended by Acts 2001, 77th Leg., ch. 910, § 1
(a) A person commits an offense if the person operates a
passenger vehicle, transports a child who is younger than four
years of age or less than 36 inches in height, and does not keep the
child secured during the operation of the vehicle in a child
passenger safety seat system according to the instructions of the
manufacturer of the safety seat system.
(b) An offense under this section is a misdemeanor
punishable by a fine of not less than $100 or more than $200.
(c) It is a defense to prosecution under this section that
the person was operating the vehicle in an emergency or for a law
enforcement purpose.
(d) Repealed by Acts 2003, 78th Leg., ch. 204, § 8.01.
(e) This section does not apply to a person:
(1) operating a vehicle transporting passengers for
hire; or
(2) transporting a child in a vehicle in which all
seating positions equipped with child passenger safety seat systems
or safety belts are occupied.
(f) In this section:
(1) "Child passenger safety seat system" means an
infant or child passenger restraint system that meets the federal
standards for crash-tested restraint systems as set by the National
Highway Traffic Safety Administration.
(2) "Passenger vehicle" means a passenger car, light
truck, sport utility vehicle, truck, or truck tractor.
(3) "Safety belt" means a lap belt and any shoulder
straps included as original equipment on or added to a vehicle.
(4) "Secured," in connection with use of a safety
belt, means using the lap belt and any shoulder straps according to
the instructions of:
(A) the manufacturer of the vehicle, if the
safety belt is original equipment; or
(B) the manufacturer of the safety belt, if the
safety belt has been added to the vehicle.
(g) A judge, acting under Article 45.0511, Code of Criminal
Procedure, who elects to defer further proceedings and to place a
defendant accused of a violation of this section on probation under
that article, in lieu of requiring the defendant to complete a
driving safety course approved by the Texas Education Agency, shall
require the defendant to attend and present proof that the
defendant has successfully completed a specialized driving safety
course approved by the Texas Education Agency under the Texas
Driver and Traffic Safety Education Act (Article 4413(29c),
Vernon's Texas Civil Statutes) that includes four hours of
instruction that encourages the use of child passenger safety seat
systems and the wearing of seat belts and emphasizes:
(1) the effectiveness of child passenger safety seat
systems and seat belts in reducing the harm to children being
transported in motor vehicles; and
(2) the requirements of this section and the penalty
for noncompliance.
(h) Notwithstanding Section 542.402(a), a municipality or
county, at the end of the municipality's or county's fiscal year,
shall send to the comptroller an amount equal to 50 percent of the
fines collected by the municipality or the county for violations of
this section. The comptroller shall deposit the amount received to
the credit of the tertiary care fund for use by trauma centers.
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