As Reported by the House Infrastructure, Homeland Security and Veterans Affairs Committee

127th General Assembly Regular Session 2007-2008

Am. H. B. No. 320

Representative Jones 

Cosponsors: Representatives Brown, Evans, McGregor, J., Schindel, Stebelton, Uecker, Combs, Domenick, Newcomb, Ujvagi, Wachtmann 

---

A BILL

To amend sections 4511.093, 4511.81, and 4513.263 of

1

the Revised Code to require certain children who

2

are between four and eight years of age to be

3

secured in a booster seat and to require children

4

who are between eight and eighteen years of age

5

to be restrained in a child restraint system or an

6

occupant restraining device if not otherwise

7

required to be in a child restraint system or

8

booster seat.

9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4511.093, 4511.81, and 4513.263 of	10
the Revised Code be amended to read as follows:	11

Sec. 4511.093. (A)(1) No law enforcement officer who stops	12
the operator of a motor vehicle in the course of an authorized	13
sobriety or other motor vehicle checkpoint operation or a motor	14
vehicle safety inspection shall issue a ticket, citation, or	15
summons for a secondary traffic offense unless in the course of	16
the checkpoint operation or safety inspection the officer first	17
determines that an offense other than a secondary traffic offense	18
has occurred and either places the operator or a vehicle occupant	19
under arrest or issues a ticket, citation, or summons to the	20
operator or a vehicle occupant for an offense other than a	21
secondary offense.	22

(2) A law enforcement agency that operates a motor vehicle	23
checkpoint for an express purpose related to a secondary traffic	24
offense shall not issue a ticket, citation, or summons for any	25
secondary traffic offense at such a checkpoint, but may use such a	26
checkpoint operation to conduct a public awareness campaign and	27
distribute information.	28

(B) As used in this section, "secondary traffic offense"	29
means a violation of division (A) or (F)(2) of section 4507.05,	30
division (B)(1)(a) or (b) or (E) of section 4507.071, division	31
(C)(D) of section 4511.81, or division (B) of section 4513.263 of	32
the Revised Code.	33

Sec. 4511.81.  (A) When any child who is in either or both of	34
the following categories is being transported in a motor vehicle,	35
other than a taxicab or public safety vehicle as defined in	36
section 4511.01 of the Revised Code, that is required by the	37
United States department of transportation to be equipped with	38
seat belts at the time of manufacture or assembly, the operator of	39
the motor vehicle shall have the child properly secured in	40
accordance with the manufacturer's instructions in a child	41
restraint system that meets federal motor vehicle safety	42
standards:	43

(1) A child who is less than four years of age;

44

(2) A child who weighs less than forty pounds.

45

(B) When any child who is in either or both of the following	46
categories is being transported in a motor vehicle, other than a	47
taxicab, that is owned, leased, or otherwise under the control of	48
a nursery school, kindergarten, or day-care center, the operator	49
of the motor vehicle shall have the child properly secured in	50
accordance with the manufacturer's instructions in a child	51
restraint system that meets federal motor vehicle safety	52
standards:	53

(1) A child who is less than four years of age;

54

(2) A child who weighs less than forty pounds.

55

(C) When any child who is less than eight years of age and	56
less than four feet nine inches in height, who is not required by	57
division (A) or (B) of this section to be secured in a child	58
restraint system, is being transported in a motor vehicle, other	59
than a taxicab or public safety vehicle as defined in section	60
4511.01 of the Revised Code, that is required by the United States	61
department of transportation to be equipped with seat belts at	62
the time of manufacture or assembly, the operator of the motor	63
vehicle shall have the child properly secured in accordance with	64
the manufacturer's instructions on a booster seat that meets	65
federal motor vehicle safety standards.	66

(D) When any child who is at least foureight years of age	67
but not older than fifteeneighteen years of age, and who is not	68
otherwise required by division (A), (B), or (C) of this section	69
to be secured in a child restraint system or booster seat, is	70
being transported in a motor vehicle, other than a taxicab or	71
public safety vehicle as defined in section 4511.01 of the	72
Revised Code, that is required by the United States department	73
of 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 naturedivision (D) of this section or causing	87
the arrest of or commencing a prosecution of a person for a	88
violation of that naturedivision (D) of this section, and no	89
absent another violation of law, a law enforcement officer shall	90
officer's view of the interior or visuallyinspect any automobile	91
visual inspection of a motor vehicle being operated on any street	92
or highway may not be used for the sole purpose of determining	93
whether a violation of that naturedivision (D) of this section	94
has been or is being committed.	95

(E)(F) The director of public safety shall adopt such rules	96
as are necessary to carry out this section.	97

(F)(G) The failure of an operator of a motor vehicle to	98
secure a child in a child restraint system, a booster seat, or in	99
an occupant restraining device as required by this section is not	100
negligence imputable to the child, is not admissible as evidence	101
in any civil action involving the rights of the child against any	102
other person allegedly liable for injuries to the child, is not to	103
be used as a basis for a criminal prosecution of the operator of	104
the motor vehicle other than a prosecution for a violation of this	105
section, and is not admissible as evidence in any criminal action	106
involving the operator of the motor vehicle other than a	107
prosecution for a violation of this section.	108

(G)(H) This section does not apply when an emergency exists	109
that threatens the life of any person operating a motor vehicle	110
and to whom this section otherwise would apply or the life of any	111
child who otherwise would be required to be restrained under this	112
section. This section does not apply to a person operating a	113
motor vehicle who has an affidavit signed by a physician licensed	114
to practice in this state under Chapter 4731. of the Revised Code	115
or a chiropractor licensed to practice in this state under	116
Chapter 4734. of the Revised Code that states that the child who	117
otherwise would be required to be restrained under this section	118
has a physical impairment that makes use of a child restraint	119
system, booster seat, or an occupant restraining device	120
impossible or impractical, provided that the person operating the	121
vehicle has safely and appropriately restrained the child in	122
accordance with any recommendations of the physician or	123
chiropractor as noted on the affidavit.	124

(H)(I) There is hereby created in the state treasury the	125
"child highway safety fund," consisting of fines imposed pursuant	126
to division (J)(K)(1) of this section for violations of divisions	127
(A), (B), and (C), and (D) of this section. The money in the fund	128
shall be used by the department of health only to defray the cost	129
of designating hospitals as pediatric trauma centers under section	130
3727.081 of the Revised Code and to establish and administer a	131
child highway safety program. The purpose of the program shall be	132
to educate the public about child restraint systems generallyand	133
booster seats and the importance of their proper use. The program	134
also shall include a process for providing child restraint systems	135
and booster seats to persons who meet the eligibility criteria	136
established by the department, and a toll-free telephone number	137
the public may utilize to obtain information about child restraint	138
systems and booster seats, and their proper use.	139

(I)(J) The director of health, in accordance with Chapter	140
119. of the Revised Code, shall adopt any rules necessary to carry	141
out this section, including rules establishing the criteria a	142
person must meet in order to receive a child restraint system or	143
booster seat under the department's child restraint systemhighway	144
safety program; provided that rules relating to the verification	145
of pediatric trauma centers shall not be adopted under this	146
section.	147

(J)(K)(1) Whoever violates division (A), (B), or (C), or (D)	148
of this section shall be punished as follows:	149

(a) Except as otherwise provided in division (J)(K)(1)(b) of	150
this section, the offender is guilty of a minor misdemeanor and	151
shall be fined not less than twenty-five dollars.	152

(b) If the offender previously has been convicted of or	153
pleaded guilty to a violation of division (A), (B), or (C), or (D)	154
of this section or of a municipal ordinance that is substantially	155
similar to any of those divisions, the offender is guilty of a	156
misdemeanor of the fourth degree.	157

(2) All fines imposed pursuant to division (J)(K)(1) of this	158
section shall be forwarded to the treasurer of state for deposit	159
in the "child highway safety fund" created by division (H)(I) of	160
this section.	161

Sec. 4513.263.  (A) As used in this section and in section	162
4513.99 of the Revised Code:	163

(1) "Automobile" means any commercial tractor, passenger car,	164
commercial car, or truck that is required to be factory-equipped	165
with an occupant restraining device for the operator or any	166
passenger by regulations adopted by the United States secretary of	167
transportation pursuant to the "National Traffic and Motor Vehicle	168
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	169

(2) "Occupant restraining device" means a seat safety belt,	170
shoulder belt, harness, or other safety device for restraining a	171
person who is an operator of or passenger in an automobile and	172
that satisfies the minimum federal vehicle safety standards	173
established by the United States department of transportation.	174

(3) "Passenger" means any person in an automobile, other than	175
its operator, who is occupying a seating position for which an	176
occupant restraining device is provided.	177

(4) "Commercial tractor," "passenger car," and "commercial	178
car" have the same meanings as in section 4501.01 of the Revised	179
Code.	180

(5) "Vehicle" and "motor vehicle," as used in the definitions	181
of the terms set forth in division (A)(4) of this section, have	182
the same meanings as in section 4511.01 of the Revised Code.	183

(6) "Tort action" means a civil action for damages for	184
injury, death, or loss to person or property. "Tort action"	185
includes a product liability claim, as defined in section 2307.71	186
of the Revised Code, and an asbestos claim, as defined in section	187
2307.91 of the Revised Code, but does not include a civil action	188
for damages for breach of contract or another agreement between	189
persons.	190

(B) No person shall do any of the following:

191

(1) Operate an automobile on any street or highway unless	192
that person is wearing all of the available elements of a properly	193
adjusted occupant restraining device, or operate a school bus that	194
has an occupant restraining device installed for use in its	195
operator's seat unless that person is wearing all of the available	196
elements of the device, as properly adjusted;	197

(2) Operate an automobile on any street or highway unless	198
each passenger in the automobile who is subject to the requirement	199
set forth in division (B)(3) of this section is wearing all of the	200
available elements of a properly adjusted occupant restraining	201
device;	202

(3) Occupy, as a passenger, a seating position on the front	203
seat of an automobile being operated on any street or highway	204
unless that person is wearing all of the available elements of a	205
properly adjusted occupant restraining device;	206

(4) Operate a taxicab on any street or highway unless all	207
factory-equipped occupant restraining devices in the taxicab are	208
maintained in usable form.	209

(C) Division (B)(3) of this section does not apply to a	210
person who is required by section 4511.81 of the Revised Code to	211
be secured in a child restraint device or booster seat. Division	212
(B)(1) of this section does not apply to a person who is an	213
employee of the United States postal service or of a newspaper	214
home delivery service, during any period in which the person is	215
engaged in the operation of an automobile to deliver mail or	216
newspapers to addressees. Divisions (B)(1) and (3) of this section	217
do not apply to a person who has an affidavit signed by a	218
physician licensed to practice in this state under Chapter 4731.	219
of the Revised Code or a chiropractor licensed to practice in this	220
state under Chapter 4734. of the Revised Code that states that the	221
person has a physical impairment that makes use of an occupant	222
restraining device impossible or impractical.	223

(D) Notwithstanding any provision of law to the contrary, no	224
law enforcement officer shall cause an operator of an automobile	225
being operated on any street or highway to stop the automobile for	226
the sole purpose of determining whether a violation of division	227
(B) of this section has been or is being committed or for the sole	228
purpose of issuing a ticket, citation, or summons for a violation	229
of that nature or causing the arrest of or commencing a	230
prosecution of a person for a violation of that nature, and no law	231
enforcement officer shall view the interior or visually inspect	232
any automobile being operated on any street or highway for the	233
sole purpose of determining whether a violation of that nature has	234
been or is being committed.	235

(E) All fines collected for violations of division (B) of	236
this section, or for violations of any ordinance or resolution of	237
a political subdivision that is substantively comparable to that	238
division, shall be forwarded to the treasurer of state for deposit	239
as follows:	240

(1) Eight per cent shall be deposited into the seat belt	241
education fund, which is hereby created in the state treasury, and	242
shall be used by the department of public safety to establish a	243
seat belt education program.	244

(2) Eight per cent shall be deposited into the elementary	245
school program fund, which is hereby created in the state	246
treasury, and shall be used by the department of public safety to	247
establish and administer elementary school programs that encourage	248
seat safety belt use.	249

(3) Two per cent shall be deposited into the occupational	250
licensing and regulatory fund created by section 4743.05 of the	251
Revised Code.	252

(4) Twenty-eight per cent shall be deposited into the trauma	253
and emergency medical services fund, which is hereby created in	254
the state treasury, and shall be used by the department of public	255
safety for the administration of the division of emergency medical	256
services and the state board of emergency medical services.	257

(5) Fifty-four per cent shall be deposited into the trauma	258
and emergency medical services grants fund, which is hereby	259
created in the state treasury, and shall be used by the state	260
board of emergency medical services to make grants, in accordance	261
with section 4765.07 of the Revised Code and rules the board	262
adopts under section 4765.11 of the Revised Code.	263

(F)(1) Subject to division (F)(2) of this section, the	264
failure of a person to wear all of the available elements of a	265
properly adjusted occupant restraining device in violation of	266
division (B)(1) or (3) of this section or the failure of a person	267
to ensure that each minor who is a passenger of an automobile	268
being operated by that person is wearing all of the available	269
elements of a properly adjusted occupant restraining device in	270
violation of division (B)(2) of this section shall not be	271
considered or used by the trier of fact in a tort action as	272
evidence of negligence or contributory negligence. But, the trier	273
of fact may determine based on evidence admitted consistent with	274
the Ohio Rules of Evidence that the failure contributed to the	275
harm alleged in the tort action and may diminish a recovery of	276
compensatory damages that represents noneconomic loss, as defined	277
in section 2307.011 of the Revised Code, in a tort action that	278
could have been recovered but for the plaintiff's failure to wear	279
all of the available elements of a properly adjusted occupant	280
restraining device. Evidence of that failure shall not be used as	281
a basis for a criminal prosecution of the person other than a	282
prosecution for a violation of this section; and shall not be	283
admissible as evidence in a criminal action involving the person	284
other than a prosecution for a violation of this section.	285

(2) If, at the time of an accident involving a passenger car	286
equipped with occupant restraining devices, any occupant of the	287
passenger car who sustained injury or death was not wearing an	288
available occupant restraining device, was not wearing all of the	289
available elements of such a device, or was not wearing such a	290
device as properly adjusted, then, consistent with the Rules of	291
Evidence, the fact that the occupant was not wearing the available	292
occupant restraining device, was not wearing all of the available	293
elements of such a device, or was not wearing such a device as	294
properly adjusted is admissible in evidence in relation to any	295
claim for relief in a tort action to the extent that the claim for	296
relief satisfies all of the following:	297

(a) It seeks to recover damages for injury or death to the	298
occupant.	299

(b) The defendant in question is the manufacturer, designer,	300
distributor, or seller of the passenger car.	301

(c) The claim for relief against the defendant in question is	302
that the injury or death sustained by the occupant was enhanced or	303
aggravated by some design defect in the passenger car or that the	304
passenger car was not crashworthy.	305

(G)(1) Whoever violates division (B)(1) of this section shall	306
be fined thirty dollars.	307

(2) Whoever violates division (B)(3) of this section shall be	308
fined twenty dollars.	309

(3) Except as otherwise provided in this division, whoever	310
violates division (B)(4) of this section is guilty of a minor	311
misdemeanor. If the offender previously has been convicted of or	312
pleaded guilty to a violation of division (B)(4) of this section,	313
whoever violates division (B)(4) of this section is guilty of a	314
misdemeanor of the third degree.	315

Section 2. That existing sections 4511.093, 4511.81, and	316
4513.263 of the Revised Code are hereby repealed.	317