Daviess County - Indiana Criminal Code 2022

36

TRAFFIC CODE

Federal Motor Vehicle Safety Standard Number 208 (49 CFR 571.208) commits a Class D infrac tion 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 sys tem account established by section 9 of this chap ter. 9-19-11-3.7. Restraint of child more than 40 pounds. 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:

(6) Amotor vehicle that is owned or leased by a governmental unit and is being used in the performance of official law enforce ment duties. (7) Amotor vehicle that is being used in an emergency. (8) A motor vehicle that is funeral equip ment used in the operation of funeral serv ices 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. (9) This subdivision applies only while a TNC driver is providing a prearranged ride to a TNC rider. Amotor vehicle used by a TNC rider to provide prearranged rides (as defined in IC 8-2.1-17-13.5). 9-19-11-2. Penalty for nonrestraint of child less than 8. (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 manufac turer’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 per son carries a certificate from a physician, physi cian’s assistant, or advanced practice registered 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 physi cal 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 sys tem account established by section 9 of this chap ter. 9-19-11-3.6. Penalty for non-restraint of child between 8-16. (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

(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.

9-19-11-5. Liability for costs or judgment. 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 per son. 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. 9-19-11-6. Proof of restraint system.