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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 there
is a child less than eight (8) years of age who is not properly fastened
and restrained according to the child restraint system manufacturer's
instructions by a child restraint system commits a Class D infraction.
A person may not be found to have violated this subsection if the
person carries a certificate from a physician, physician's assistant, or
advanced practice nurse stating that it would be impractical to
require that a child be fastened and restrained by a child restraint
system 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 the
court.
(b) Notwithstanding IC 34-28-5-5(c), funds collected as
judgments for violations under this section shall be deposited in the
child restraint system account established by section 9 of this
chapter.
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Repealed
(Repealed by P.L.146-2009, SEC.7.)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Repealed
(Repealed by P.L.146-2009, SEC.7.)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 which
there is a child and that is equipped with a safety belt meeting the
standards stated in the Federal Motor Vehicle Safety Standard
Number 208 (49 CFR 571.208) commits a Class D infraction if:
(1) the child is at least eight (8) years of age but less than
sixteen (16) years of age; and
(2) the child is not properly fastened and restrained according
to 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 as
judgments for violations under this section shall be deposited in the
child restraint system account established by section 9 of this
chapter.
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, a
person may operate a motor vehicle in which there is a child who
weighs more than forty (40) pounds and who is properly restrained
and fastened by a lap safety belt if:
(1) the motor vehicle is not equipped with lap and shoulder
safety belts; or
(2) not including the operator's seat and the front passenger
seat:
(A) the motor vehicle is equipped with one (1) or more lap
and shoulder safety belts; and
(B) all the lap and shoulder safety belts are being used to
properly 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 violations
clerk
Sec. 4. Notwithstanding IC 34-28-5-9(1), a court may not
designate violations of this chapter as being within the authority of
the 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 restraint
system; costs; money judgments
Sec. 5. If at a proceeding to enforce section 2 of this chapter the
court 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 costs
or monetary judgment if the person has no previous judgments of
violation 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 of
restraint system; costs; money judgments
Sec. 6. (a) If at a proceeding to enforce section 2 of this chapter
the 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 the
person 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 chapter
against 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 of
record of judgment
Sec. 7. A court shall forward to the bureau of motor vehicles a
certified abstract of the record of judgment of any person in the court
for 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 constitute
contributory negligence.
As added by P.L.2-1991, SEC.7.
IC 9-19-11-10
Violation; no assessment of points
Sec. 10. The bureau may not assess points under the point system
for 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 a
determination of habitual violator status under IC 9-30-10-4.
As added by P.L.67-2004, SEC.13.