§17C-15-46. Child passenger safety
devices required; child safety seats and booster seats.
Every driver who transports a child under the age of eight years in a passenger automobile, van or pickup truck
other than one operated for hire shall, while such motor vehicle is in motion
and operated on a street or highway of this state, provide for the protection
of such child by properly placing, maintaining and securing such child in a
child passenger safety device system meeting applicable federal motor vehicle
safety standards: Provided, That if a child is under the age of eight years and at least four feet nine
inches tall, a safety belt shall be sufficient to meet the
requirements of this section.
Any person who violates any provision of this section
is guilty of a misdemeanor and, upon conviction thereof, shall be fined not
less than ten dollars nor more than twenty dollars.
A violation of this section shall not be deemed by
virtue of such violation to constitute evidence of negligence or contributory
negligence or comparative negligence in any civil action or proceeding for
damages.
If any provision of this section or the application
thereof to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of this section and to this end the
subsections of this section are declared to be severable.
If all seat belts in a vehicle are being used at the
time of examination by a law officer and the vehicle contains more passengers
than the total number of seat belts or other safety devices as installed in
compliance with federal motor vehicle safety standards, the driver shall not be
considered as violating this section.
Brooke County Sheriff's Department
Sheriff Richard D Ferguson
Created by: T Jarrell