Sec. 24-11.  Child passenger restraints and occupant protection systems.

 

(a)   Any person within the City who drives any motor vehicle which has or is required to have an occupant protection system, shall ensure that:

 

(1)       All children up to six (6) years of age being transported in such vehicle use a child passenger restraint system of a type which meets Federal Motor Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety Administration as such standard existed on the effective date of this section, and which is correctly installed in such vehicle, and all child passenger restraint systems worn are properly adjusted and fastened; and

 

(2)       All children six years of age and less than eighteen years of age being transported in such vehicle use an occupant protection system and all occupant protection systems worn are properly adjusted and fastened; and

 

(3)       Except as provided in subsection (h) of this section, the driver and each front-seat occupant in the vehicle are wearing occupant protection systems and all occupant protection systems worn are properly adjusted and fastened; and

 

This subsection shall apply to every motor vehicle which is equipped with an occupant protection system or is required to be equipped with restraint systems pursuant to Federal Motor Vehicle Safety Standard 208, as such standard existed on the effective date of this section, except taxicabs, mopeds, motorcycles, and any motor vehicle designated by the manufacturer as a 1963 year model or earlier which is not equipped with an occupant protection system.

 

(b)   Whenever any physician licensed to practice medicine in Nebraska determines, through accepted medical procedures, that use of a child passenger restraint system by a particular child would be harmful by reason of the child’s weight, physical condition, or other medical reason, the provisions of subsection (a) of this section shall be waived.  The driver of any vehicle transporting such a child shall carry on his or her person or in the vehicle a signed written statement of the physician identifying the child and stating the grounds for such waiver.

 

(c)   The drivers of authorized emergency vehicles as defined in section 24-1 shall not be subject to the requirements of subsection (a) of this section when operating such authorized emergency vehicles pursuant to their employment.

 

(d)   A driver of a motor vehicle shall not be subject to the requirements of subsection (a) of this section if the motor vehicle is being operated in a parade or exhibition and the parade or exhibition is being conducted in accordance with applicable state law and local ordinances and resolutions.

 

(e)   All persons being transported in a motor vehicle operated by a holder of a provisional operator’s permit or a school permit shall use such motor vehicle’s occupant protection system and all occupant protection systems worn shall be properly adjusted and fastened. 

 

(f)   Enforcement of subsections (a)(2), (a)(3) and (e) of this section shall be accomplished only as a secondary action when a driver of a motor vehicle has been cited or charged with a violation or some other offense unless the violation involves a person under the age of eighteen years riding in or on any portion of the vehicle not designed or intended for the use of passengers when the vehicle is in motion.

 

(g)   Any person who violates subsection (a) of this section shall be guilty of an offense and shall be fined twenty-five dollars ($25.00) for each violation.  Regardless of the number of persons in such vehicle not wearing an occupant protection system pursuant to subdivision (a) of this section, only one (1) violation shall be assessed against the driver of such motor vehicle for each time the motor vehicle is stopped and a violation of such subsection is found.

 

(h)   The following persons shall not be required to wear an occupant protection system:

 

(1)       A person who possesses written verification from a physician that the person is unable to wear an occupant protection system for medical reasons;

 

(2)       A rural letter carrier of the United States Postal Service while performing his or her duties as a rural letter carrier between the first and last delivery points; and

 

(3)       A member of an ambulance or rescue service unit while involved in patient care.

 

(i)   For purposes of this section, motor vehicle shall mean a vehicle required by section (k) of this section to be equipped with an occupant protection system.

 

(j)   Violations of the provisions of this section shall not constitute prima facie evidence of negligence nor shall compliance with such sections constitute a defense of any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident.  Violation of such sections by a driver shall not constitute a defense for another person to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident.

 

(k)   Every motor vehicle designated by the manufacturer as 1973 year model or later operated on any highway, road, or street in this state, except farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations, motorcycles, motor-driven cycles, mopeds, and buses, shall be equipped with an occupant protection system of a type which (1) meets the requirements of 49 C.F.R. 571.208, 571.209, and 571.210 as such regulations currently exist or as the regulations existed when the occupant protection system was originally installed by the manufacturer or (2) if the occupant protection system has been replaced, meets the requirements of 49 C.F.R. 571.208, 571.209, and 571.210 that applied to the originally installed occupant protection system or of a more recently issued version of such regulations.  The purchaser of any such vehicle may designate the make or brand of or furnish such occupant protection system to be installed.  Any person selling a motor vehicle not in compliance with this section shall be guilty of an offense. 

 

Source:  Ord. No. 3354, §§ 1-4, 10-7-85; Ord. No. 3913., § 2, 11-16-92; Ord. No. 4613, § 1, 11-4-02; Ord. No. 4773, § 1, 1-18-05

Editor’s note--Ord. No. 3354, §§ 1--4, adopted October 7, 1985, did not specifically amend the Code; therefore, inclusion as § 24-11 was at the discretion of the editor.