46.2-1095 - Child restraint devices required when transporting certain children; safety belts for passengers less than eighteen years old required; penalty.
§ 46.2-1095. Child restraint devices required when transporting certainchildren; safety belts for passengers less than eighteen years old required;penalty.
A. Any person who drives on the highways of Virginia any motor vehiclemanufactured after January 1, 1968, shall ensure that any child, up to ageeight, whom he transports therein is provided with and properly secured in achild restraint device of a type which meets the standards adopted by theUnited States Department of Transportation. Further, rear-facing childrestraint devices shall be placed in the back seat of a vehicle. In the eventthe vehicle does not have a back seat, the child restraint device may beplaced in the front passenger seat only if the vehicle is either not equippedwith a passenger side airbag or the passenger side airbag has beendeactivated.
B. Any person transporting another person less than 18 years old, except forthose required pursuant to subsection A to be secured in a child restraintdevice, shall ensure that such person is provided with and properly securedby an appropriate safety belt system when driving on the highways of Virginiain any motor vehicle manufactured after January 1, 1968, equipped or requiredby the provisions of this title to be equipped with a safety belt system,consisting of lap belts, shoulder harnesses, combinations thereof or similardevices.
C. A violation of this section shall not constitute negligence, be consideredin mitigation of damages of whatever nature, be admissible in evidence or bethe subject of comment by counsel in any action for the recovery of damagesin a civil action.
D. A violation of this section may be charged on the uniform traffic summonsform.
E. Nothing in this section shall apply to taxicabs, school buses, executivesedans, or limousines.
(1982, c. 634, § 46.1-314.2; 1984, c. 280; 1986, c. 283; 1989, c. 727; 1992,cc. 119, 405; 1997, c. 793; 2000, c. 736; 2002, cc. 358, 616, 660; 2007, cc.91, 935; 2010, c. 661.)