| Sec. 4511.81. (A) When any child who is in either or both
of | 7 |
| the following
categories is being transported in a motor
vehicle, | 8 |
| other than a taxicab or
public safety vehicle as defined
in | 9 |
| section 4511.01 of the Revised Code, that
is required by the | 10 |
| United States
department of
transportation to be equipped with | 11 |
| seat belts at
the time of
manufacture or assembly, the operator of | 12 |
| the motor
vehicle shall
have the child properly secured in | 13 |
| accordance with
the
manufacturer's instructions in a child | 14 |
| restraint system that
meets
federal motor vehicle safety | 15 |
| standards: | 16 |
| (B) When any child who is in either or both of the following | 19 |
|
categories is
being transported in a motor
vehicle, other than a | 20 |
|
taxicab, that is owned, leased, or
otherwise under the control of | 21 |
| a nursery
school, kindergarten, or
day-care center, the operator | 22 |
| of the
motor vehicle shall have the
child properly secured in | 23 |
| accordance
with the manufacturer's
instructions in a child | 24 |
| restraint system
that meets federal motor
vehicle safety | 25 |
| standards: | 26 |
| (C) When any child who is less than eight years of age and | 29 |
| less than four feet nine inches in height, who is not required by | 30 |
| division (A) or (B) of this section to be secured in a child | 31 |
| restraint system, is being transported in a motor vehicle, other | 32 |
| than a taxicab or public safety vehicle as defined in section | 33 |
| 4511.01 of the Revised Code, that is registered in this state and | 34 |
| is required by the United States department of transportation to | 35 |
| be equipped with seat belts at the time of manufacture or | 36 |
| assembly, the operator of the motor vehicle shall have the child | 37 |
| properly secured in accordance with the manufacturer's | 38 |
| instructions on a booster seat that meets federal motor vehicle | 39 |
| safety standards. | 40 |
| (D) When any child who is at least four years of age but not | 41 |
| older than fifteen years of age, and who is not otherwise required | 42 |
| by division (A), (B), or (C) of this section to be secured in a | 43 |
| child restraint system or booster seat, is being transported in a | 44 |
| motor vehicle, other than a taxicab or public safety vehicle as | 45 |
| defined in section 4511.01 of the Revised Code, that is required | 46 |
| by the United States department of transportation to be equipped | 47 |
| with seat belts at the time of manufacture or assembly, the | 48 |
| operator of the motor vehicle shall have the child properly | 49 |
| restrained either in accordance with the manufacturer's | 50 |
| instructions in a child restraint system that meets federal motor | 51 |
| vehicle safety standards or in an occupant restraining device as | 52 |
| defined in section 4513.263 of the Revised Code. | 53 |
(D)(E) Notwithstanding any provision of law to the contrary, | 54 |
| no law enforcement officer shall cause an operator of a motor | 55 |
| vehicle being operated on any street or highway to stop the motor | 56 |
| vehicle for the sole purpose of determining whether a violation of | 57 |
division (C)(D) of this section has been or is being committed or | 58 |
| for the sole purpose of issuing a ticket, citation, or summons for | 59 |
| a violation of that nature or causing the arrest of or commencing | 60 |
| a prosecution of a person for a violation of that nature, and no | 61 |
| law enforcement officer shall view the interior or visually | 62 |
| inspect any automobile being operated on any street or highway for | 63 |
| the sole purpose of determining whether a violation of that nature | 64 |
| has been or is being committed. | 65 |
(F)(G) The failure of an operator of a motor vehicle to | 68 |
secure
a child in a child restraint system, a booster seat, or in | 69 |
| an occupant restraining device as required by this section is
not | 70 |
|
negligence imputable to
the child, is not admissible as
evidence | 71 |
| in any civil action
involving the rights of the child
against any | 72 |
| other person
allegedly liable for injuries to the
child, is not to | 73 |
| be used as
a basis for a criminal prosecution of
the operator of | 74 |
| the motor
vehicle other than a prosecution for a
violation of this | 75 |
| section,
and is not admissible as evidence in
any criminal action | 76 |
|
involving the operator of the motor vehicle
other than a | 77 |
|
prosecution for a violation of this section. | 78 |
(H)(I) There is hereby created in the state treasury the | 84 |
"child
highway safety
fund," consisting of fines imposed
pursuant | 85 |
to
division (J)(K)(1) of
this section
for violations
of
divisions | 86 |
(A), (B), and (C), and (D) of this section. The
money in the fund | 87 |
|
shall
be used by the department of health only
to defray the cost | 88 |
|
of
designating hospitals as pediatric
trauma
centers
under
section
| 89 |
|
3727.081 of the Revised Code
and to
establish and
administer a | 90 |
| child highway safety program.
The
purpose of the
program
shall be | 91 |
to educate the public about
child
restraint
systems generallyand | 92 |
| booster seats and the
importance of their
proper
use. The
program | 93 |
| also shall include a process for
providing child
restraint
systems | 94 |
| and booster seats to persons who meet the
eligibility criteria | 95 |
|
established
by the department, and a
toll-free telephone number | 96 |
|
the public may
utilize to obtain
information about child restraint | 97 |
|
systems and booster seats, and
their proper
use. | 98 |
(I)(J) The director of health, in accordance with Chapter | 99 |
| 119. of
the Revised Code,
shall adopt any rules necessary to carry | 100 |
| out
this section, including rules
establishing the criteria a | 101 |
| person
must meet in order to receive a child
restraint system or | 102 |
booster seat under the
department's child restraint systemhighway | 103 |
| safety program;
provided that rules
relating to the verification | 104 |
| of pediatric trauma
centers shall not
be adopted under this | 105 |
| section. | 106 |