§ 31-22-22 - Safety belt use – Child restraint.
SECTION 31-22-22
§ 31-22-22 Safety belt use – Childrestraint. – (a) Any person transporting a child under the age of eight (8), less thanfifty-seven (57) inches in height and less than eighty (80) pounds in a motorvehicle operated on the roadways, streets, or highways of this state, shalltransport the child in any rear seating position of the motor vehicle properlyrestrained in a child restraint system approved by the United States Departmentof Transportation under Federal Standard 213. If the child is under eight (8)years old but at least fifty-seven (57) inches in height, or at least eighty(80) pounds the child shall be properly wearing a safety belt and/or shoulderharness approved by the Department of Transportation pursuant to FederalStandard 208 in any rear seating position of the motor vehicle. For the purposeof this section, applying to all parts of this section, "rear seating position"means any seating positions located behind the driver and front seat passenger.Under this subsection, a child must be properly restrained in the front seat if:
(i) The vehicle is not equipped with a back seat; or
(ii) All rear seating positions are being utilized by otherchildren.
(2) In no event shall failure to wear a child restraintsystem or safety belt be considered as contributory or comparative negligence,nor the failure to wear the child restraint system, seat belt and/or shoulderharness be admissible as evidence in the trial of any civil action.
(b) Any operator of a motor vehicle transporting a child whohas attained the age of eight (8) years but is under eighteen (18) years of agein any seating position within a motor vehicle operated on the roadways,streets, or highways of the state shall ensure that the passenger is properlywearing a safety belt and/or shoulder harness system, as defined by FederalStandard 208.
(2) Any operator of a motor vehicle under eighteen (18) yearsold shall properly wear a safety belt and/or shoulder harness system.
(3) This subsection applies only to those motor vehiclesrequired by federal law to have safety belts.
(c) Any person deemed in violation of subsection (a) of thissection shall be issued a citation. If the cited person presents proof ofpurchase of a federally approved child restraint system under Standard 213 tothe issuing police department within seven (7) days of issuance, the departmentshall void the violation. If the individual fails to present proof of purchase,he or she shall be required to appear for a hearing before the traffictribunal, and shall be fined as provided in § 31-41.1-4 for each offense,and it shall not be recorded on the person's driving record within the rulesand regulations governing chapter 41.1 of this title.
(2) Any person violating subsection (b) of this section shallbe fined as provided in § 31-41.1-4 for each offense. The conviction shallnot be recorded on that person's driving record within the rules andregulations governing chapter 41.1 of this title.
(d) Notwithstanding the provisions of subsection (a) of thissection, any person transporting a child properly restrained in a federallyapproved child restraint system under Federal Standard 213, but transportingthe child in a place other than a rear seating position, in violation ofsubsection (a) of this section, shall be subject only to the fine contained insubdivision (c)(2) of this section.
(e) All fines collected for violations of this section shallbe payable to the state of Rhode Island. Fifty percent (50%) of the proceedsshall be shared with the municipality whose law enforcement department issuedthe citation for the violations.
(f) Any operator of a motor vehicle transporting a personeighteen (18) years of age and older in any seating position of a motor vehicleoperated on the roadways, streets or highways of this state shall ensure thatthe person be properly wearing a safety belt and/or shoulder harness system, asdefined by Federal Motor Vehicle Safety Standard 208.
(2) The provisions of this subsection shall apply only tothose motor vehicles required by federal law to have safety belts.
(g) Any person who is an operator of a motor vehicle shall beproperly wearing a safety belt and/or shoulder harness system as defined byFederal Motor Vehicle Safety Standard 208 while the vehicle is in operation onany of the roadways, streets, or highways of this state.
(2) The provisions of this subsection shall apply only tothose motor vehicles required by federal law to have safety belts.
(h) In no event shall failure to be properly restrained by achild restraint system or safety belt be considered as negligence, nor thefailure to be properly restrained by the child restraint system or safety beltbe admissible as evidence in the trial of any civil action.
(i) The provisions of subsections (b), (f) and (g) of thissection shall not apply to a driver or passenger of:
(1) A passenger motor vehicle manufactured before July 1,1966;
(2) A passenger motor vehicle in which the driver orpassenger possesses a written verification from a licensed physician that thedriver or passenger is unable to wear a safety seat belt system for physical ormedical reasons. The verification time period shall not exceed twelve (12)months at which time a new verification may be issued;
(3) A passenger motor vehicle which is not required to beequipped with a safety seat belt system under federal laws; or (4) A passengermotor vehicle operated by a letter carrier of the United States Postal Servicewhile performing the duties of a letter carrier.
(j) A program of public information and education designed toeducate the motoring public to the benefits of wearing safety belt systems,shall be developed by the department of transportation's governor's office onhighway safety. The department of transportation's office on highway safety, incooperation with the department of health, shall study the effectiveness of theimplementation of this section and shall submit to the general assembly areport containing its findings by July 1, 1999.
(k) Violations of subsections (f) and (g) of this sectionshall be considered secondary offenses and no motor vehicle may be stopped byany state or municipal law enforcement agency for failure of an operator orpassenger to wear a safety belt system or for any violation of subsections (f)or (g) of this section; provided, that a motor vehicle may be stopped forfailure to comply with the child restraint system as described in subsections(a) and (b) of this section.
(l) Any person violating subsection (f) or (g) of thissection shall be fined as provided in § 31-41.1-4. Any conviction forviolating subsection (f) or (g) of this section shall not be recorded on thatperson's driving record within the rules and regulations governing chapter 41.1of this title.