CHAPTER 10. PASSENGER RESTRAINT SYSTEMS
IC 9-19-10
Chapter 10. Passenger Restraint Systems
IC 9-19-10-1
Application of chapter
Sec. 1. This chapter does not apply to an occupant of a motorvehicle who meets any of the following conditions:
(1) For medical reasons should not wear safety belts, providedthe occupant has written documentation of the medical reasonsfrom a physician.
(2) Is a child required to be restrained by a child restraintsystem under IC 9-19-11.
(3) Is traveling in a commercial or a United States PostalService vehicle that makes frequent stops for the purpose ofpickup or delivery of goods or services.
(4) Is a rural carrier of the United States Postal Service and isoperating a vehicle while serving a rural postal route.
(5) Is a newspaper motor route carrier or newspaper bundlehauler who stops to make deliveries from a vehicle.
(6) Is a driver examiner designated and appointed underIC 9-14-2-3 and is conducting an examination of an applicantfor a permit or license under IC 9-24-10.
(7) Is an occupant of a farm truck being used on a farm inconnection with agricultural pursuits that are usual and normalto the farming operation, as set forth in IC 9-29-5-13(b)(2).
(8) Is an occupant of a motor vehicle participating in a parade.
(9) Is an occupant of the living quarters area of a recreationalvehicle.
(10) Is an occupant of the treatment area of an ambulance (asdefined in IC 16-18-2-13).
(11) Is an occupant of the sleeping area of a tractor.
(12) Is an occupant other than the operator of a vehicledescribed in IC 9-20-11-1(1).
(13) Is an occupant other than the operator of a truck on aconstruction site.
(14) Is a passenger other than the operator in a cab of a Class Arecovery vehicle or a Class B recovery vehicle who is beingtransported in the cab because the motor vehicle of thepassenger is being towed by the recovery vehicle.
(15) Is an occupant other than the operator of a motor vehiclebeing used by a public utility in an emergency as set forth inIC 9-20-6-5.
As added by P.L.2-1991, SEC.7. Amended by P.L.67-2004, SEC.2;P.L.214-2007, SEC.6.
IC 9-19-10-2
Use of safety belt by motor vehicle occupants; safety belt standards
Sec. 2. Each occupant of a motor vehicle equipped with a safetybelt that:
(1) meets the standards stated in the Federal Motor Vehicle
Safety Standard Number 208 (49 CFR 571.208); and
(2) is standard equipment installed by the manufacturer;
shall have a safety belt properly fastened about the occupant's bodyat all times when the vehicle is in forward motion.
As added by P.L.2-1991, SEC.7. Amended by P.L.214-2007, SEC.7.
IC 9-19-10-2.5
Repealed
(Repealed by P.L.67-2004, SEC.14.)
IC 9-19-10-3
Repealed
(Repealed by P.L.214-2007, SEC.10.)
IC 9-19-10-3.1
Stopping, inspecting, or detaining vehicle; checkpoints
Sec. 3.1. (a) Except as provided in subsection (b), a vehicle maybe stopped to determine compliance with this chapter. However, avehicle, the contents of a vehicle, the driver of a vehicle, or apassenger in a vehicle may not be inspected, searched, or detainedsolely because of a violation of this chapter.
(b) A law enforcement agency may not use a safety beltcheckpoint to detect and issue a citation for a person's failure tocomply with this chapter.
As added by P.L.214-2007, SEC.8.
IC 9-19-10-4
Educational programs
Sec. 4. The bureau, in cooperation with the Indiana department oftransportation, division of traffic safety, shall develop and administereducational programs for the purpose of informing the general publicof the benefits that will inure to passengers using safety belts.
As added by P.L.2-1991, SEC.7.
IC 9-19-10-5
Retail sales, leases, trades, and transfers
Sec. 5. A person may not buy, sell, lease, trade, or transfer fromor to Indiana residents at retail an automobile that is manufactured orassembled, commencing with the 1964 models, unless theautomobile is equipped with safety belts installed for use in the frontseat.
As added by P.L.2-1991, SEC.7.
IC 9-19-10-6
Belt and installation specifications
Sec. 6. (a) A safety belt must be of a type and must be installed ina manner approved by the bureau.
(b) The bureau shall establish specifications and requirements forapproved types of safety belts and attachments to the safety belts.
(c) The bureau shall accept, as approved, a seat belt installation
and the belt and anchor meeting the Society of AutomotiveEngineers' specifications.
As added by P.L.2-1991, SEC.7.
IC 9-19-10-7
Failure to comply; fault; liability of insurer; mitigation of damages
Sec. 7. (a) Failure to comply with section 1, 2, 3.1(a), or 4 of thischapter does not constitute fault under IC 34-51-2 and does not limitthe liability of an insurer.
(b) Except as provided in subsection (c), evidence of the failureto comply with section 1, 2, 3.1(a), or 4 of this chapter may not beadmitted in a civil action to mitigate damages.
(c) Evidence of a failure to comply with this chapter may beadmitted in a civil action as to mitigation of damages in a productliability action involving a motor vehicle restraint or supplementalrestraint system. The defendant in such an action has the burden ofproving noncompliance with this chapter and that compliance withthis chapter would have reduced injuries, and the extent of thereduction.
As added by P.L.2-1991, SEC.7. Amended by P.L.121-1993, SEC.1;P.L.1-1998, SEC.95; P.L.214-2007, SEC.9.
IC 9-19-10-8
Failure of front seat occupant to use belt; violation; classification;assessment of points
Sec. 8. (a) A person who:
(1) is at least sixteen (16) years of age; and
(2) violates section 2 of this chapter;
commits a Class D infraction.
(b) The bureau may not assess points under the point system forClass D infractions under this section.
As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.3;P.L.116-1998, SEC.3.
IC 9-19-10-9
Retail transfers of vehicles and belt and installation specifications;violation; classification
Sec. 9. A person who violates section 5 or 6 of this chaptercommits a Class C infraction.
As added by P.L.2-1991, SEC.7.