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Colorado
http://198.187.128.12/colorado/lpext.dll/Infobase4/60df5/61dfb/61dfd/62054/622cf?fn=document-frame.htm&f=templates
42-4-236. Child restraint systems required - definitions - exemptions.
Statute text
(1) As used in this section, unless the context otherwise requires:
(a) "Child care center" means a facility required to be licensed under the
"Child Care Licensing Act", article 6 of title 26, C.R.S.
(a.3) "Child booster seat" means a child passenger restraint system that meets
the federal motor vehicle safety standards set forth in section 49 CFR 571.213,
as amended, that is designed to elevate a child to properly sit in a federally
approved safety belt system.
(a.5) "Child restraint system" means a specially designed seating system that is
designed to protect, hold, or restrain a child in a motor vehicle in such a way
as to prevent or minimize injury to the child in the event of a motor vehicle
accident that is either permanently affixed to a motor vehicle or is affixed to
such vehicle by a safety belt or a universal attachment system, and that meets
the federal motor vehicle safety standards set forth in section 49 CFR 571.213,
as amended.
(a.7) "Child safety belt-positioning device" means a device that positions a
safety belt around a child in a manner that safely restrains such child in a
seating position that conforms to all applicable federal motor vehicle safety
standards.
(b) "Safety belt" means a lap belt, a shoulder belt, or any other belt or
combination of belts installed in a motor vehicle to restrain drivers and
passengers, except any such belt that is physically a part of a child restraint
system. "Safety belt" includes the anchorages, the buckles, and all other
equipment directly related to the operation of safety belts.
(c) "Seating position" means any motor vehicle interior space intended by the
motor vehicle manufacturer to provide seating accommodation while the motor
vehicle is in motion.
(2) (a) Unless exempted pursuant to subsection (3) of this section, every child,
who is under four years of age and weighs under forty pounds, being transported
in this state in a privately owned noncommercial passenger vehicle or in a
vehicle operated by a child care center, shall be provided with one of the
following child restraint systems suitable for the child's size and shall be
properly fastened into such child restraint system which is in a seating
position which is equipped with a safety belt or other means to secure the
system according to the manufacturer's instructions:
(I) If the child is less than one year of age and weighs less than twenty
pounds, the child shall be properly restrained in a rear-facing child restraint
system.
(II) If the child is one year of age or older, but less than four years of age,
and weighs less than forty pounds, but at least twenty pounds, the child shall
be properly restrained in a forward-facing child restraint system.
(b) Unless excepted pursuant to subsection (3) of this section, every child, who
is at least four years of age or weighs forty pounds or more, being transported
in this state in a privately owned noncommercial vehicle or in a vehicle
operated by a child care center, shall be properly secured by one of the
following safety devices approved for a child of such age or weight by the
United States department of transportation, or in a safety belt, whichever is
appropriate for the child:
(I) Except as otherwise provided in subparagraph (I.5) of this paragraph (b), if
the child is at least four years of age but less than six years of age and is
less than fifty-five inches tall, the child shall be properly restrained in a
child booster seat or with a child safety belt-positioning device.
(I.5) If the child is at least four years of age but less than six years of age
and is less than fifty-five inches tall, and if the child is being transported
in a vehicle equipped with only a two-point-lap-belt-only system available for
the child, the child shall be properly restrained with a lap belt.
(II) If the child is six years of age or older or is fifty-five inches tall or
more, the child shall be properly restrained with the motor vehicle's safety
belt properly adjusted and fastened around the child's body.
(c) It is the responsibility of the driver transporting children, subject to the
requirements of this section, to ensure that such children are provided with and
that they properly use a child restraint system or safety belt system.
(3) Except as provided in section 42-2-105.5 (4), the requirements of subsection
(2) of this section shall not apply to a child who:
(a) Repealed.
(b) Is being transported in a motor vehicle as a result of a medical emergency;
(c) Is being transported in a commercial motor vehicle, as defined in section
42-2-402 (4) (a), that is operated by a child care center; or
(d) Is the driver of a motor vehicle and is subject to the safety belt
requirements provided in section 42-4-237.
(4) The division of highway safety shall implement a program for public
information and education concerning the use of child restraint systems and the
provisions of this section.
(5) No person shall use a safety belt or child restraint system, whichever is
applicable under the provisions of this section, for children under sixteen
years of age in a motor vehicle unless it conforms to all applicable federal
motor vehicle safety standards.
(6) Any violation of this section shall not constitute negligence per se or
contributory negligence per se.
(7) Any person who violates any provision of this section commits a class B
traffic infraction.
(8) The fine may be waived if the driver presents the court with satisfactory
evidence of the acquisition, purchase, or rental of an approved child restraint
system by the time of the court appearance.
(9) No driver in a motor vehicle shall be cited for a violation of subparagraph
(I) of paragraph (b) of subsection (2) of this section unless such driver was
stopped by a law enforcement officer for an alleged violation of articles 1 to 4
of this title other than a violation of this section or section 42-4-237.
(10) For one year following August 1, 2003, a law enforcement officer who stops
a driver of a motor vehicle with an occupant of the vehicle in violation of
subparagraph (I) of paragraph (b) of subsection (2) of this section shall warn
such driver that such violation is a class B traffic infraction and shall not
cite such driver for such violation.
9/05
Montana
http://data.opi.state.mt.us/bills/mca/61/9/61-9-420.htm
61-9-420. Child safety restraint systems -- standards -- exemptions. (1) If a
child under 6 years of age and weighing less than 60 pounds is a passenger in a
motor vehicle, that motor vehicle must be equipped with one child safety
restraint for each child in the vehicle and each child must be properly
restrained.
(2) The department shall by rule establish standards in compliance with
61-9-419 through 61-9-423 and applicable federal standards for approved types of
child safety restraint systems.
(3) The department may by rule exempt from the requirements of subsection
(1) a child who because of a physical or medical condition or body size cannot
be placed in a child safety restraint.
9/05
North
Dakota
http://www.state.nd.us/lr/cencode/t39c21.pdf
39-21-41.2. Child restraint devices - Evidence.
1. If a child, under seven years of age, is present in any motor vehicle, that
motor
vehicle must be equipped with at least one child restraint system for each such
child. However, a child under the age of seven who is at least fifty-seven
inches [1.45 meters] tall and who weighs at least eighty pounds [36.28
kilograms] is not required to use a child restraint system. The child restraint
system must meet the standards adopted by the United States department of
transportation for those systems [49 CFR 571.213]. While the motor vehicle is in
motion, each such child must be properly secured in the child restraint system
in accordance with the manufacturer's instructions. A child weighing more than
forty pounds [18.14 kilograms] may be restrained by a lap belt if the vehicle is
not equipped with lap and shoulder belts or if all lap and shoulder belts are in
use by other occupants. While the motor vehicle is moving, each child of seven
through seventeen years of age who is in the motor vehicle must be in an
approved child restraint system in accordance with the manufacturer's
instructions or correctly buckled in a seatbelt. Use of child restraint systems
and seatbelts is not required in motor vehicles that were not equipped with
seatbelts when manufactured. If a child is being transported in an emergency
situation, this section does not apply.
2. Violation of this section is not, in itself, evidence of negligence. The fact
of a
violation of this section is not admissible in any proceeding other than one
charging the violation.
9/05
South
Dakota
http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=32-37-2
32-37-1. Use of system required--Violation as petty offense. Any operator of any
passenger vehicle transporting a child under five years of age on the streets
and highways of this state shall properly secure the child in a child passenger
restraint system according to its manufacturer's instructions. The child
passenger restraint system shall meet Department of Transportation Motor Vehicle
Safety Standard 213 as in effect January 1, 1981. The requirements of this
section are met if the child is under five years of age and is at least forty
pounds in weight by securing the child in a seat belt. An operator who violates
this section commits a petty offense.
32-37-1.1. Operator to assure that passengers between ages five and eighteen
wear seat belts. Any operator of a passenger vehicle operated on a public street
or highway in this state transporting a passenger who is at least five and under
eighteen years of age shall assure that the passenger is wearing a properly
adjusted and fastened safety seat belt system, required to be installed in the
passenger vehicle if manufactured pursuant to Federal Motor Vehicle Safety
Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all times
when the vehicle is in motion. A violation of this section is a petty offense.
32-37-1.2. Certain operators required to wear seat belts. Any operator of any
passenger vehicle operated on a public street or highway in this state, who is
at least fourteen years of age and under eighteen years of age, shall wear a
properly adjusted and fastened safety seat belt system, required to be installed
in the passenger vehicle if manufactured pursuant to Federal Motor Vehicle
Safety Standard Number 208 (49 C.F.R. 571.208) in effect January 1, 1989, at all
times when the vehicle is in motion. A violation of this section is a petty
offense.
32-37-1.3. Passengers between ages fourteen and eighteen required to wear seat
belts. Any passenger of any passenger vehicle operated on a public street or
highway in this state, who is at least fourteen years of age and under eighteen
years of age, shall wear a properly adjusted and fastened safety seat belt
system, required to be installed in the passenger vehicle if manufactured
pursuant to Federal Motor Vehicle Safety Standard Number 208 (49 C.F.R. 571.208)
in effect January 1, 1989, at all times when the vehicle is in motion. A
violation of this section is a petty offense.
32-37-2. Exemptions. The provisions of this chapter do not apply in passenger
cars manufactured before 1966 that have not been equipped with seat belts.
9/05
Utah
41-6a-1803. Driver and passengers -- Seat
belt or child restraint device required.
(1) The operator of a motor vehicle operated on a highway shall:
(a) wear a properly adjusted and fastened safety belt;
(b) provide for the protection of each person younger than five years of
age by using a child restraint device to restrain each person in the manner
prescribed by the manufacturer of the device; and
(c) provide for the protection of each person five years of age up to 16
years of age by:
(i) using an appropriate child restraint device to restrain each person
in the manner prescribed by the manufacturer of the device; or
(ii) securing, or causing to be secured, a properly adjusted and
fastened safety belt on each person.
(2) A passenger who is 16 years of age or older of a motor vehicle
operated on a highway shall wear a properly adjusted and fastened safety belt.
(3) If more than one person is not using a child restraint device or
wearing a safety belt in violation of Subsection (1), it is only one offense and
the driver may receive only one citation.
(4) For a person 19 years of age or older who violates Subsection (1)(a)
or (2), enforcement by a state or local law enforcement officer shall be only as
a secondary action when the person has been detained for a suspected violation
of Title 41, Motor Vehicles, other than Subsection (1)(a) or (2), or for another
offense.
9/05
Wyoming
31‑5‑1301. Short title.
This article is known and may be cited as the "Child Safety Restraint Act."
31‑5‑1302. Definitions.
(a) As used in this article:
(i) "Child safety restraint system" means any device which is designed to
protect, hold or restrain a child in a privately owned, leased or rented
noncommercial passenger vehicle in such a way as to prevent or minimize injury
to the child in the event of a motor vehicle accident or sudden stop and which
conforms to the standards prescribed by 49 C.F.R. 571.213 or to applicable
federal motor vehicle safety standards in effect at the time of manufacture;
(ii) Repealed by Laws 2003, Ch. 197, § 2.
(iii) "Emergency vehicle" means any fire department vehicle, police, sheriff's
department or highway patrol vehicle, civil defense vehicle, ambulance, hearse
or other vehicle used primarily for emergency purposes;
(iv) "Motor vehicle" means every vehicle which is self‑propelled;
(v) "Passenger vehicle" means a motor vehicle designed to carry people and that
was equipped with safety belts at the time of manufacture, excluding:
(A) Emergency and law enforcement vehicles;
(B) School buses as defined under W.S. 31‑5‑102(a)(xlii), including buses
registered to a private school or church used to transport children to or from
school or church or in connection with school or church activities;
(C) Buses, or other vehicles designed and used for public transportation,
whether intrastate or interstate, that were not equipped with safety belts at
the time of manufacture.
(vi) Repealed By Laws 2003, Ch. 197, § 2.
(vii) Repealed By Laws 2003, Ch. 197, § 2.
31‑5‑1303. Child safety restraint system; required use; exception.
(a) Except as otherwise provided in subsection (b) of this section, no person
shall operate a passenger vehicle in this state unless each child who is a
passenger in that vehicle and who has not reached his ninth birthday is properly
secured in a child safety restraint system in a seat of the vehicle other than
the front seat, except if the vehicle is only equipped with one (1) row of
seats, or if all safety belts in the rows of seats behind the front seat are in
use by other child passengers in the vehicle, the child may be properly secured
in a child safety restraint system in the front passenger seat of the vehicle,
except that a rear-facing infant seat shall not be placed in front of an active
airbag.
(b) Any child who is within the age requirements specified in subsection (a) of
this section need not be properly secured in a child safety restraint system if:
(i) A licensed physician has determined that the weight or physical or medical
condition of the child requires that the child not be secured in such a system.
The person operating a passenger vehicle transporting such a child shall carry
in the vehicle the physician's signed statement certifying that the child should
not be secured in a child restraint system;
(ii) Repealed By Laws 1998, ch. 86, § 2.
(iii) Repealed By Laws 1998, ch. 86, § 2.
(iv) Repealed By Laws 1998, ch. 86, § 2.
(v) Repealed By Laws 1998, ch. 86, § 2.
(vi) The driver of the vehicle is rendering aid or assistance to the child or
his parent or guardian;
(vii) The lap and shoulder belts of the vehicle will fit properly across the
collarbone, chest and hips of the child and the belts do not pose a danger to
the neck, face or abdominal area of the child in the event of a crash or sudden
stop.
31‑5‑1304. Penalty.
(a) Any person who violates this article shall be issued a citation and fined
not more than fifty dollars ($50.00) for the first offense, provided that the
fine shall be waived by the court upon receipt of proof by the court that the
offender, after the offense occurred, has purchased, leased or otherwise
acquired a child safety restraint system which meets the requirements of this
article. For a second or subsequent violation of this article, the offender
shall be fined not more than one hundred dollars ($100.00).
(b) Any person who uses a child safety restraint system in a manner other than
in accordance with the manufacturer's instructions is guilty of a violation of
this article and shall be fined as provided in subsection (a) of this section.
31‑5‑1305. Limiting application.
Violation of this article does not constitute evidence of negligence or
recklessness and does not constitute a basis for criminal prosecution except as
set forth in this article.
9/05
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