CHAPTER 11. PASSENGER RESTRAINT SYSTEMS FOR CHILDREN
IC 9-19-11
Chapter 11. Passenger Restraint Systems for Children
IC 9-19-11-1
Application of chapter
Sec. 1. This chapter does not apply to a person who operates anyof the following vehicles:
(1) A school bus.
(2) A taxicab.
(3) An ambulance.
(4) A public passenger bus.
(5) A motor vehicle having a seating capacity greater than nine(9) individuals that is owned or leased and operated by areligious or not-for-profit youth organization.
(6) An antique motor vehicle.
(7) A motorcycle.
(8) A motor vehicle that is owned or leased by a governmentalunit and is being used in the performance of official lawenforcement duties.
(9) A motor vehicle that is being used in an emergency.
(10) A motor vehicle that is funeral equipment used in theoperation of funeral services when used in:
(A) a funeral procession;
(B) the return trip to a funeral home (as defined inIC 25-15-2-15); or
(C) both the funeral procession and return trip.
As added by P.L.2-1991, SEC.7. Amended by P.L.67-2004, SEC.3;P.L.24-2006, SEC.3.
IC 9-19-11-2
Child less than eight years of age; child restraint system; penalty;medical exceptions; child restraint system account
Sec. 2. (a) A person who operates a motor vehicle in which thereis a child less than eight (8) years of age who is not properly fastenedand restrained according to the child restraint system manufacturer'sinstructions by a child restraint system commits a Class D infraction.A person may not be found to have violated this subsection if theperson carries a certificate from a physician, physician's assistant, oradvanced practice nurse stating that it would be impractical torequire that a child be fastened and restrained by a child restraintsystem because of:
(1) a physical condition, including physical deformity; or
(2) a medical condition;
of the child and presents the certificate to the police officer or thecourt.
(b) Notwithstanding IC 34-28-5-5(c), funds collected asjudgments for violations under this section shall be deposited in thechild restraint system account established by section 9 of thischapter.
As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.4;
P.L.116-1998, SEC.4; P.L.67-2004, SEC.4; P.L.2-2005, SEC.33;P.L.146-2009, SEC.3.
IC 9-19-11-3
Repealed
(Repealed by P.L.146-2009, SEC.7.)
IC 9-19-11-3.3
Repealed
(Repealed by P.L.146-2009, SEC.7.)
IC 9-19-11-3.6
Safety belt standards; child between eight and 16 years of age;child restraint system or safety belt
Sec. 3.6. (a) A person who operates a motor vehicle in whichthere is a child and that is equipped with a safety belt meeting thestandards stated in the Federal Motor Vehicle Safety StandardNumber 208 (49 CFR 571.208) commits a Class D infraction if:
(1) the child is at least eight (8) years of age but less thansixteen (16) years of age; and
(2) the child is not properly fastened and restrained accordingto the child restraint system manufacturer's instructions by a:
(A) child restraint system; or
(B) safety belt.
(b) Notwithstanding IC 34-28-5-5(c), funds collected asjudgments for violations under this section shall be deposited in thechild restraint system account established by section 9 of thischapter.
As added by P.L.67-2004, SEC.7.
IC 9-19-11-3.7
Exception; child over 40 pounds; lap safety belt
Sec. 3.7. Notwithstanding sections 2 and 3.6 of this chapter, aperson may operate a motor vehicle in which there is a child whoweighs more than forty (40) pounds and who is properly restrainedand fastened by a lap safety belt if:
(1) the motor vehicle is not equipped with lap and shouldersafety belts; or
(2) not including the operator's seat and the front passengerseat:
(A) the motor vehicle is equipped with one (1) or more lapand shoulder safety belts; and
(B) all the lap and shoulder safety belts are being used toproperly restrain other children who are less than sixteen(16) years of age.
As added by P.L.67-2004, SEC.8. Amended by P.L.146-2009, SEC.4.
IC 9-19-11-4
Designation of violations as being within authority of violationsclerk Sec. 4. Notwithstanding IC 34-28-5-9(1), a court may notdesignate violations of this chapter as being within the authority ofthe violations clerk.
As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.96.
IC 9-19-11-5
Enforcement proceedings; acquisition by violator of restraintsystem; costs; money judgments
Sec. 5. If at a proceeding to enforce section 2 of this chapter thecourt finds that the person:
(1) has violated this chapter; and
(2) possesses or has acquired a child restraint system;
the court shall enter judgment against the person. However,notwithstanding IC 34-28-5-4, the person is not liable for any costsor monetary judgment if the person has no previous judgments ofviolation of this chapter against the person.
As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.97;P.L.67-2004, SEC.9.
IC 9-19-11-6
Enforcement proceedings; absence of possession by violator ofrestraint system; costs; money judgments
Sec. 6. (a) If at a proceeding to enforce section 2 of this chapterthe court finds that the person:
(1) has violated this chapter; and
(2) does not possess or has not acquired a child restraint system;
the court shall enter judgment against the person and shall order theperson to provide proof of possession or acquisition within thirty(30) days.
(b) Notwithstanding IC 34-28-5-4, if the person:
(1) complies with a court order under this section; and
(2) has no previous judgments of violation of this chapteragainst the person;
the person is not liable for any costs or a monetary judgment.
As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.98;P.L.67-2004, SEC.10.
IC 9-19-11-7
Forwarding to bureau of motor vehicles certified abstract ofrecord of judgment
Sec. 7. A court shall forward to the bureau of motor vehicles acertified abstract of the record of judgment of any person in the courtfor a violation of this chapter in the manner provided by IC 9-25-6.
As added by P.L.2-1991, SEC.7.
IC 9-19-11-8
Contributory negligence
Sec. 8. Failure to comply with this chapter does not constitutecontributory negligence.
As added by P.L.2-1991, SEC.7.
IC 9-19-11-9
Child restraint system account
Sec. 9. (a) The child restraint system account is established withinthe state general fund to make grants under subsection (d).
(b) The account consists of the following:
(1) Funds collected as judgments for violations under thischapter.
(2) Appropriations to the account from the general assembly.
(3) Grants, gifts, and donations intended for deposit in theaccount.
(4) Interest that accrues from money in the account.
(c) The account shall be administered by the criminal justiceinstitute.
(d) The criminal justice institute, upon the recommendation of thegovernor's council on impaired and dangerous driving, shall usemoney in the account to make grants to private and publicorganizations to:
(1) purchase child restraint systems; and
(2) distribute the child restraint systems:
(A) without charge; or
(B) for a minimal charge;
to persons who are not otherwise able to afford to purchasechild restraint systems.
The criminal justice institute shall adopt rules under IC 4-22-2 toimplement this section.
(e) Money in the account is appropriated continuously to thecriminal justice institute for the purposes stated in subsection (a).
(f) The expenses of administering the account shall be paid frommoney in the account.
(g) The treasurer of state shall invest the money in the account notcurrently needed to meet the obligations of the account in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the account.
(h) Money in the account at the end of a state fiscal year does notrevert to the state general fund.
As added by P.L.67-2004, SEC.11.
IC 9-19-11-10
Violation; no assessment of points
Sec. 10. The bureau may not assess points under the point systemfor a violation of this chapter.
As added by P.L.67-2004, SEC.12.
IC 9-19-11-11
Violation; not basis for habitual offender determination
Sec. 11. A violation of this chapter may not be included in adetermination of habitual violator status under IC 9-30-10-4.
As added by P.L.67-2004, SEC.13.