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

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

(2)  If the child is four years of age or older butless than eight years of age, the person operating the motor vehicle shallensure that the child is properly restrained in a child safety seat or boosterseat that meets federal motor vehicle safety standards at the time of itsmanufacture; except as provided in paragraph (3); and

(3)  If the child is four years of age or older butless than eight years of age, the person operating the motor vehicle shall beexempt from properly restraining the child in a child safety seat or boosterseat that meets federal motor vehicle safety standards at the time ofmanufacture 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 motorvehicle equipped only with lap belts, without shoulder straps, in the backseat.

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

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

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

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

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

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

(e)  Violation of this section shall beconsidered an offense as defined under section 701-107(5) and shall subject theviolator 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 childpassenger restraint system safety class conducted by the division of drivereducation; provided that:

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

(ii)  The class shall not exceed four hours;

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

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

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

(2)  For a conviction of a second offense committedwithin three years of any other conviction under this section, the personshall:

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

(B)  Be required by the court to attend a childpassenger restraint system safety class not to exceed four hours in lengthconducted by the division of driver education if the person has not previouslyattended such a class;

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

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

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

(3)  For a conviction of a third or subsequent offensecommitted within three years of any other conviction under this section, theperson shall:

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

(B)  Be required by the court to attend a childpassenger restraint system safety class not to exceed four hours in lengthconducted by the division of driver education if the person has not previouslyattended such a class;

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

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

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

(f)  As used in this section:

"Emergency vehicle", "masstransit vehicle", "restrained", and "seat beltassembly" shall have the same meaning as provided in section 291-11.6.

"Commercial vehicle" shall be definedas any motor vehicle that is being used for the transportation of persons forhire, compensation, or profit. [L 1983, c 282, §1; am L 1989, c 30, §1; am L1998, c 81, §3; am L 1999, c 18, §4 and c 56, §2; am L 2002, c 160, §5; am L2005, c 74, §1; am L 2006, c 175, §2; am L 2008, c 231, §4]