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 any
of 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 a
religious 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 governmental
unit and is being used in the performance of official law
enforcement duties.
(9) A motor vehicle that is being used in an emergency.
(10) A motor vehicle that is funeral equipment used in the
operation of funeral services when used in:
(A) a funeral procession;
(B) the return trip to a funeral home (as defined in
IC 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 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Repealed
(Repealed by P.L.146-2009, SEC.7.)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Repealed
(Repealed by P.L.146-2009, SEC.7.)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 9-19-11-9
Child restraint system account
Sec. 9. (a) The child restraint system account is established within
the state general fund to make grants under subsection (d).
(b) The account consists of the following:
(1) Funds collected as judgments for violations under this
chapter.
(2) Appropriations to the account from the general assembly.
(3) Grants, gifts, and donations intended for deposit in the
account.
(4) Interest that accrues from money in the account.
(c) The account shall be administered by the criminal justice
institute.
(d) The criminal justice institute, upon the recommendation of the
governor's council on impaired and dangerous driving, shall use
money in the account to make grants to private and public
organizations 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 purchase
child restraint systems.
The criminal justice institute shall adopt rules under IC 4-22-2 to
implement this section.
(e) Money in the account is appropriated continuously to the
criminal justice institute for the purposes stated in subsection (a).
(f) The expenses of administering the account shall be paid from
money in the account.
(g) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the account.
(h) Money in the account at the end of a state fiscal year does not
revert 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 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.