We have been unable to access the text of the Iowa
regulations since 2003.
1. A child under three years of age who is being transported in a motor vehicle
subject to registration, except a school bus or motorcycle, shall be secured
during transit by a child restraint system which meets federal motor vehicle
safety standards, and the system shall be used in accordance with the
2. A child at least three years of age but under six years of age who is being
transported in a motor vehicle subject to registration, except a school bus or
motorcycle, shall be secured during transit by either a child restraint system
that meets federal motor vehicle safety standards and is used in accordance with
the manufacturer's instructions, or by a safety belt or safety harness of a type
approved under section 321.445.
3. This section does not apply to peace officers acting on official duty. This
section also does not apply to the transportation of children in 1965 model year
or older vehicles, authorized emergency vehicles, buses, or motor homes, except
when a child is transported in a motor home's passenger seat situated directly
to the driver's right. This section does not apply to the transportation of a
child who has been certified by a physician licensed under chapter 148, 150, or
150A as having a medical, physical, or mental condition that prevents or makes
inadvisable securing the child in a child restraint system, safety belt, or
4. The operator who violates subsection 1 or 2 is guilty of a misdemeanor and
subject only to the penalty provisions of section 805.8A, subsection 14,
5. A person who is first charged for a violation of subsection 1 and who has not
purchased or otherwise acquired a child restraint system shall not be convicted
if the person produces in court, within a reasonable time, proof that the person
has purchased or otherwise acquired a child restraint system which meets federal
motor vehicle safety standards.
6. Failure to use a child restraint system, safety belts, or safety harnesses as
required by this section does not constitute negligence nor is the failure
admissible as evidence in a civil action.
Section History: Recent form
84 Acts, ch 1016, º 1; 86 Acts, ch 1069, º 1; 2000 Acts, ch 1133, º11; 2001
Acts, ch 132, º11; 2001 Acts, ch 137, º5
Chapter 8.--AUTOMOBILES AND OTHER VEHICLES
Article 13.--MISCELLANEOUS PROVISIONS
8-1344. Child passenger safety; restraining systems for children under the age
of four; use of seat belts by children between the ages of five and fourteen.
Every driver as defined in K.S.A. 8-1416, and amendments thereto, who transports
a child under the age of 14 years in a passenger car as defined in K.S.A.
8-1343a, and amendments thereto, on a highway as defined in K.S.A. 8-1424, and
amendments thereto, shall provide for the protection of such child by properly
(a) For a child under the age of four years a child passenger safety restraining
system that meets or exceeds the standards and specifications contained in
federal motor vehicle safety standard no. 213 in effect on July 1, 1997; or
(b) for a child four years of age but under the age of 14, a safety belt
manufactured in compliance with federal motor vehicle safety standard no. 208,
except that if the number of children subject to this requirement exceeds the
number of passenger securing locations available for use by children affected by
this requirement, and all of those securing locations are in use by children,
then there is not a violation of this section.
History: L. 1981, ch. 33, § 2; L. 1984, ch. 38, § 1; L. 1989, ch. 40, § 1; L.
1992, ch. 317, § 2; L. 1997, ch. 80, § 1; July 1.
§ 63-7-301. Requirement of device; failure to provide and use device not
(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.
Use of restraint system or occupant protection system; when; information and
(1) Any person in Nebraska who drives any motor vehicle which has or is
required to have an occupant protection system shall ensure that:
(a) All children up to six years of age being transported by such vehicle
use a child passenger restraint system of a type which meets Federal Motor
Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety
Administration, as such standard existed on January 1, 2004, and which is
correctly installed in such vehicle; and
(b) All children six years of age and less than eighteen years of age being
transported by such vehicle use an occupant protection system.
This subsection shall apply to every motor vehicle which is equipped with an
occupant protection system or is required to be equipped with restraint systems
pursuant to Federal Motor Vehicle Safety Standard 208, as such standard existed
on January 1, 2004, except taxicabs, mopeds, motorcycles, and any motor vehicle
designated by the manufacturer as a 1963 year model or earlier which is not
equipped with an occupant protection system.
(2) Whenever any licensed physician determines, through accepted medical
procedures, that use of a child passenger restraint system by a particular child
would be harmful by reason of the child's weight, physical condition, or other
medical reason, the provisions of subsection (1) of this section shall be
waived. The driver of any vehicle transporting such a child shall carry on his
or her person or in the vehicle a signed written statement of the physician
identifying the child and stating the grounds for such waiver.
(3) The drivers of authorized emergency vehicles shall not be subject to the
requirements of subsection (1) of this section when operating such authorized
emergency vehicles pursuant to their employment.
(4) A driver of a motor vehicle shall not be subject to the requirements of
subsection (1) of this section if the motor vehicle is being operated in a
parade or exhibition and the parade or exhibition is being conducted in
accordance with applicable state law and local ordinances and resolutions.
(5) The Department of Motor Vehicles shall develop and implement an ongoing
statewide public information and education program regarding the use of child
passenger restraint systems and occupant protection systems and the availability
of distribution and discount programs for child passenger restraint systems.
(6) All persons being transported by a motor vehicle operated by a holder of
a provisional operator's permit or a school permit shall use such motor
vehicle's occupant protection system.