§291-11.5  Child passenger
restraints.  (a)  Except as otherwise provided in this section, no person
operating a motor vehicle on a public highway in the State shall transport a
child under eight years of age except under the following circumstances:



(1)  If the child is under four years of age, the
person operating the motor vehicle shall ensure that the child is properly
restrained in a child passenger restraint system that meets federal motor
vehicle safety standards at the time of its manufacture; or



(2)  If the child is four years of age or older but
less than eight years of age, the person operating the motor vehicle shall
ensure that the child is properly restrained in a child safety seat or booster
seat that meets federal motor vehicle safety standards at the time of its
manufacture; except as provided in paragraph (3); and



(3)  If the child is four years of age or older but
less than eight years of age, the person operating the motor vehicle shall be
exempt from properly restraining the child in a child safety seat or booster
seat that meets federal motor vehicle safety standards at the time of
manufacture if the child is restrained by a seat belt assembly and:



(A)  Over four feet and nine inches in height;
or



(B)  Over forty pounds and traveling in a motor
vehicle equipped only with lap belts, without shoulder straps, in the back
seat.



(b)  Operators of the following motor vehicles
shall be exempt from the requirements of this section:  emergency, commercial,
and mass transit vehicles.  Further exemptions from this section may be
established by the department of transportation pursuant to rules adopted under
chapter 91.



(c)  This section shall not apply if the number
of persons in a vehicle exceeds the greater of the following:



(1)  The number of seat belt assemblies available in
the vehicle; or



(2)  The number of seat belt assemblies originally
installed in the vehicle;



provided that all available seat belt assemblies are
being used to restrain a passenger, and those children not restrained by an approved
child passenger restraint system, a child safety seat, a booster seat, or a
seat belt assembly are in the back seat of the motor vehicle.



(d)  In no event shall failure to restrain a
child under the age of eight years as required by this section be considered
contributory negligence, comparative negligence, or negligence per se.



(e)  Violation of this section shall be
considered an offense as defined under section 701-107(5) and shall subject the
violator to the following penalties:



(1)  For a first conviction, the person shall:



(A)  Be fined not more than $100;



(B)  Be required by the court to attend a child
passenger restraint system safety class conducted by the division of driver
education; provided that:



(i)  The class may include video conferences as
determined by the administrator of the division of driver education as an
alternative method of education; and



(ii)  The class shall not exceed four hours;



(C)  Pay a $50 driver education assessment as
provided in section 286G-3;



(D)  Pay a $10 surcharge to be deposited into
the neurotrauma special fund; [and]



(E)  Pay up to a $10 surcharge to be deposited
into the trauma system [special] fund if the court so orders; and



(2)  For a conviction of a second offense committed
within three years of any other conviction under this section, the person
shall:



(A)  Be fined not less than $100 but not more
than $200;



(B)  Be required by the court to attend a child
passenger restraint system safety class not to exceed four hours in length
conducted by the division of driver education if the person has not previously
attended such a class;



(C)  Pay a $50 driver education assessment as
provided in section 286G-3 if the person has not previously attended a child
passenger restraint system safety class conducted by the division of driver
education;



(D)  Pay a $10 surcharge to be deposited into
the neurotrauma special fund; [and]



(E)  Pay up to a $10 surcharge to be deposited
into the trauma system [special] fund if the court so orders;



(3)  For a conviction of a third or subsequent offense
committed within three years of any other conviction under this section, the
person shall:



(A)  Be fined not less than $200 but not more
than $500;



(B)  Be required by the court to attend a child
passenger restraint system safety class not to exceed four hours in length
conducted by the division of driver education if the person has not previously
attended such a class;



(C)  Pay a $50 driver education assessment as
provided in section 286G-3 if the person has not previously attended a child
passenger restraint system safety class conducted by the division of driver
education;



(D)  Pay a $10 surcharge to be deposited into
the neurotrauma special fund; [and]



(E)  Pay up to a $10 surcharge to be deposited
into the trauma system [special] fund if the court so orders.



(f)  As used in this section:



"Emergency vehicle", "mass
transit vehicle", "restrained", and "seat belt
assembly" shall have the same meaning as provided in section 291-11.6.



"Commercial vehicle" shall be defined
as any motor vehicle that is being used for the transportation of persons for
hire, compensation, or profit. [L 1983, c 282, §1; am L 1989, c 30, §1; am L
1998, c 81, §3; am L 1999, c 18, §4 and c 56, §2; am L 2002, c 160, §5; am L
2005, c 74, §1; am L 2006, c 175, §2; am L 2008, c 231, §4]