| Sec. 4511.093. (A)(1) No law enforcement officer who stops | 11 |
|
the operator of a motor vehicle in the course of an authorized | 12 |
|
sobriety or other motor vehicle checkpoint operation or a motor | 13 |
|
vehicle safety inspection shall issue a ticket, citation, or | 14 |
|
summons for a secondary traffic offense unless in the course of | 15 |
|
the checkpoint operation or safety inspection the officer first | 16 |
|
determines that an offense other than a secondary traffic offense | 17 |
|
has occurred and either places the operator or a vehicle occupant | 18 |
|
under arrest or issues a ticket, citation, or summons to the | 19 |
|
operator or a vehicle occupant for an offense other than a | 20 |
|
secondary offense. | 21 |
| Sec. 4511.81. (A) When any child who is in either or both
of | 33 |
|
the following
categories is being transported in a motor
vehicle, | 34 |
|
other than a taxicab or
public safety vehicle as defined
in | 35 |
|
section 4511.01 of the Revised Code, that
is required by the | 36 |
|
United States
department of
transportation to be equipped with | 37 |
|
seat belts at
the time of
manufacture or assembly, the operator of | 38 |
|
the motor
vehicle shall
have the child properly secured in | 39 |
|
accordance with
the
manufacturer's instructions in a child | 40 |
|
restraint system that
meets
federal motor vehicle safety | 41 |
|
standards: | 42 |
| (B) When any child who is in either or both of the following | 45 |
|
categories is
being transported in a motor
vehicle, other than a | 46 |
|
taxicab, that is owned, leased, or
otherwise under the control of | 47 |
|
a nursery
school, kindergarten, or
day-care center, the operator | 48 |
|
of the
motor vehicle shall have the
child properly secured in | 49 |
|
accordance
with the manufacturer's
instructions in a child | 50 |
|
restraint system
that meets federal motor
vehicle safety | 51 |
|
standards: | 52 |
| (C) When any child who is less than eight years of age and | 55 |
|
less than four feet nine inches in height, who is not required by | 56 |
|
division (A) or (B) of this section to be secured in a child | 57 |
|
restraint system, is being transported in a motor vehicle, other | 58 |
|
than a taxicab or public safety vehicle as defined in section | 59 |
|
4511.01 of the Revised Code, that is registered in this state and | 60 |
|
is required by the United States department of transportation to | 61 |
|
be equipped with seat belts at the time of manufacture or | 62 |
|
assembly, the operator of the motor vehicle shall have the child | 63 |
|
properly secured in accordance with the manufacturer's | 64 |
|
instructions on a booster seat that meets federal motor vehicle | 65 |
|
safety standards. | 66 |
| (D) When any child who is at least four years of age but not | 67 |
older than fifteeneighteen years of age, and who is not otherwise | 68 |
|
required
by division (A), (B), or (C) of this section to be | 69 |
|
secured in a
child restraint system or booster seat, is being | 70 |
|
transported in a
motor vehicle, other than a taxicab or public | 71 |
|
safety vehicle as
defined in section 4511.01 of the Revised Code, | 72 |
|
that is required
by the United States department of | 73 |
|
transportation to be equipped
with seat belts at the time of | 74 |
|
manufacture or assembly, the
operator of the motor vehicle shall | 75 |
|
have the child properly
restrained either in accordance with the | 76 |
|
manufacturer's
instructions in a child restraint system that | 77 |
|
meets federal motor
vehicle safety standards or in an occupant | 78 |
|
restraining device as
defined in section 4513.263 of the Revised | 79 |
|
Code. | 80 |
(D)(E) Notwithstanding any provision of law to the contrary, | 81 |
|
no law enforcement officer shall cause an operator of a motor | 82 |
|
vehicle being operated on any street or highway to stop the motor | 83 |
|
vehicle for the sole purpose of determining whether a violation of | 84 |
division (C)(D) of this section has been or is being committed or | 85 |
|
for the sole purpose of issuing a ticket, citation, or summons for | 86 |
|
a violation of that nature or causing the arrest of or commencing | 87 |
|
a prosecution of a person for a violation of that nature, and no | 88 |
|
law enforcement officer shall view the interior or visually | 89 |
|
inspect any automobile being operated on any street or highway for | 90 |
|
the sole purpose of determining whether a violation of that nature | 91 |
|
has been or is being committed. | 92 |
(F)(G) The failure of an operator of a motor vehicle to | 95 |
secure
a child in a child restraint system, a booster seat, or in | 96 |
|
an occupant restraining device as required by this section is
not | 97 |
|
negligence imputable to
the child, is not admissible as
evidence | 98 |
|
in any civil action
involving the rights of the child
against any | 99 |
|
other person
allegedly liable for injuries to the
child, is not to | 100 |
|
be used as
a basis for a criminal prosecution of
the operator of | 101 |
|
the motor
vehicle other than a prosecution for a
violation of this | 102 |
|
section,
and is not admissible as evidence in
any criminal action | 103 |
|
involving the operator of the motor vehicle
other than a | 104 |
|
prosecution for a violation of this section. | 105 |
(G)(H) This section does not apply when an emergency exists | 106 |
|
that threatens the life of any person operating a motor vehicle | 107 |
|
and
to whom this section otherwise would apply or the life of any | 108 |
|
child who otherwise would be required to be restrained under this | 109 |
|
section.
This section does
not apply to a person operating a | 110 |
|
motor vehicle who has an
affidavit signed by a physician licensed | 111 |
|
to practice in this state
under Chapter 4731. of the Revised Code | 112 |
|
or a chiropractor licensed
to practice in this state under | 113 |
|
Chapter 4734. of the Revised Code
that states that the child who | 114 |
|
otherwise would be required to be
restrained under this section | 115 |
|
has a physical impairment that makes
use of a child restraint | 116 |
|
system, booster seat, or an occupant
restraining device | 117 |
|
impossible or impractical, provided that the
person operating the | 118 |
|
vehicle has safely and appropriately
restrained the child in | 119 |
|
accordance with any recommendations of the
physician or | 120 |
|
chiropractor as noted on the affidavit. | 121 |
(H)(I) There is hereby created in the state treasury the | 122 |
"child
highway safety
fund," consisting of fines imposed
pursuant | 123 |
to
division (J)(K)(1) of
this section
for violations
of
divisions | 124 |
(A), (B), and (C), and (D) of this section. The
money in the fund | 125 |
|
shall
be used by the department of health only
to defray the cost | 126 |
|
of
designating hospitals as pediatric
trauma
centers
under
section
| 127 |
|
3727.081 of the Revised Code
and to
establish and
administer a | 128 |
|
child highway safety program.
The
purpose of the
program
shall be | 129 |
to educate the public about
child
restraint
systems generallyand | 130 |
|
booster seats and the
importance of their
proper
use. The
program | 131 |
|
also shall include a process for
providing child
restraint
systems | 132 |
| and booster seats to persons who meet the
eligibility criteria | 133 |
|
established
by the department, and a
toll-free telephone number | 134 |
|
the public may
utilize to obtain
information about child restraint | 135 |
|
systems and booster seats, and
their proper
use. | 136 |
(I)(J) The director of health, in accordance with Chapter | 137 |
|
119. of
the Revised Code,
shall adopt any rules necessary to carry | 138 |
|
out
this section, including rules
establishing the criteria a | 139 |
|
person
must meet in order to receive a child
restraint system or | 140 |
booster seat under the
department's child restraint systemhighway | 141 |
|
safety program;
provided that rules
relating to the verification | 142 |
|
of pediatric trauma
centers shall not
be adopted under this | 143 |
|
section. | 144 |
| (1) "Automobile" means any commercial tractor, passenger
car, | 161 |
|
commercial car, or truck that is required to be
factory-equipped | 162 |
|
with an occupant restraining device for the
operator or any | 163 |
|
passenger by regulations adopted by the United
States secretary of | 164 |
|
transportation pursuant to the "National
Traffic and Motor Vehicle | 165 |
|
Safety Act of 1966," 80 Stat. 719, 15
U.S.C.A. 1392. | 166 |
| (6) "Tort action" means a civil action for damages for | 181 |
|
injury, death, or loss to person or property. "Tort action" | 182 |
|
includes a product liability claim, as defined in section 2307.71 | 183 |
|
of the Revised Code, and an asbestos claim, as defined in section | 184 |
|
2307.91 of the Revised Code, but does not include a civil action | 185 |
|
for damages for breach of contract or another agreement between | 186 |
|
persons. | 187 |
| (C) Division (B)(3) of this section does not apply to a | 207 |
|
person who is required by section 4511.81 of the Revised Code to | 208 |
|
be secured in a child restraint device or booster seat. Division | 209 |
|
(B)(1) of this
section does not apply to a person who is an | 210 |
|
employee of the
United States postal service or of a newspaper | 211 |
|
home delivery
service, during any period in which the person is | 212 |
|
engaged in the
operation of an automobile to deliver mail or | 213 |
|
newspapers to
addressees. Divisions (B)(1) and (3) of this section | 214 |
|
do not
apply
to a person who has an affidavit signed by a | 215 |
|
physician
licensed to
practice in this state under Chapter 4731. | 216 |
|
of the
Revised Code or
a chiropractor licensed to practice in this | 217 |
|
state
under Chapter
4734. of the Revised Code that states that the | 218 |
|
person has a
physical impairment that makes use of an occupant | 219 |
|
restraining
device impossible or impractical. | 220 |
| (D) Notwithstanding any provision of law to the contrary,
no | 221 |
|
law enforcement officer shall cause an operator of an
automobile | 222 |
|
being operated on any street or highway to stop the
automobile for | 223 |
|
the sole purpose of determining whether a
violation of division | 224 |
|
(B) of this section has been or is being
committed or for the sole | 225 |
|
purpose of issuing a ticket, citation,
or summons for a violation | 226 |
|
of that nature or
causing the arrest of or
commencing a | 227 |
|
prosecution of a person for a violation of
that nature, and no
law | 228 |
|
enforcement officer shall view the interior or visually
inspect | 229 |
|
any automobile being operated on any street or highway
for the | 230 |
|
sole purpose of determining whether a violation of that
nature has | 231 |
|
been or is being committed. | 232 |
| (F)(1) Subject to division (F)(2) of this section, the | 261 |
|
failure of a person to wear all of the available elements of a | 262 |
|
properly adjusted occupant restraining device in violation of | 263 |
|
division (B)(1) or (3) of this section
or the failure of a person
| 264 |
|
to ensure that
each minor who is a
passenger of an automobile | 265 |
|
being
operated by
that person is
wearing all of the available | 266 |
|
elements of
a properly adjusted occupant restraining
device
in | 267 |
|
violation of division (B)(2) of this
section shall
not
be | 268 |
|
considered
or used by the trier of fact in a tort action as | 269 |
|
evidence of negligence or contributory negligence. But, the trier | 270 |
|
of fact may determine based on evidence admitted consistent with | 271 |
|
the Ohio Rules of Evidence that the failure
contributed to the | 272 |
|
harm alleged in the tort action and may
diminish a
recovery
of | 273 |
|
compensatory damages that represents
noneconomic loss, as defined | 274 |
|
in section 2307.011 of the Revised
Code, in
a tort action
that | 275 |
|
could have been recovered but for the
plaintiff's failure to wear | 276 |
|
all of the available elements of a
properly adjusted occupant | 277 |
|
restraining device. Evidence of that
failure shall not be used as | 278 |
|
a
basis for a
criminal prosecution of
the person other than a | 279 |
|
prosecution for a
violation of this
section; and shall not be | 280 |
|
admissible as evidence
in
a criminal
action involving
the person | 281 |
|
other than a
prosecution for a
violation of this
section. | 282 |
| (2) If, at the time of an accident involving a passenger
car | 283 |
|
equipped with occupant restraining devices, any occupant of
the | 284 |
|
passenger car who sustained injury or death was not wearing
an | 285 |
|
available occupant restraining device, was not wearing all of
the | 286 |
|
available elements of such a device, or was not wearing such
a | 287 |
|
device as properly adjusted, then, consistent with the Rules of | 288 |
|
Evidence, the fact that the occupant was not wearing the
available | 289 |
|
occupant restraining device, was not wearing all of the
available | 290 |
|
elements of such a device, or was not wearing such a
device as | 291 |
|
properly adjusted is admissible in evidence in relation
to any | 292 |
|
claim for relief in a tort action to the extent that the
claim for | 293 |
|
relief satisfies all of the following: | 294 |