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S. B. No. 27 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Senator Kearney
A BILL
To amend section 4511.81 of the Revised Code to require certain children who are between four and eight years of age to be secured in a booster seat.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4511.81 of the Revised Code be amended to read as follows:
Sec. 4511.81. (A) When any child who is in either or both
of the following
categories is being transported in a motor
vehicle, other than a taxicab or
public safety vehicle as defined
in section 4511.01 of the Revised Code, that
is required by the United States
department of
transportation to be equipped with seat belts at
the time of
manufacture or assembly, the operator of the motor
vehicle shall
have the child properly secured in accordance with
the
manufacturer's instructions in a child restraint system that
meets
federal motor vehicle safety standards: (1) A child who is less than four years of age; (2) A child who weighs less than forty pounds. (B) When any child who is in either or both of the following
categories is
being transported in a motor
vehicle, other than a
taxicab, that is owned, leased, or
otherwise under the control of a nursery
school, kindergarten, or
day-care center, the operator of the
motor vehicle shall have the
child properly secured in accordance
with the manufacturer's
instructions in a child restraint system
that meets federal motor
vehicle safety standards: (1) A child who is less than four years of age; (2) A child who weighs less than forty pounds. (C) When any child who is less than eight years of age and less than four feet nine inches in height, who is not required by division (A) or (B) of this section to be secured in a child restraint system, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 4511.01 of the Revised Code, that is registered in this state and is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer's instructions on a booster seat that meets federal motor vehicle safety standards. (D) When any child who is at least four years of age but not older than fifteen years of age, and who is not otherwise required by division (A), (B), or (C) of this section to be secured in a child restraint system or booster seat, is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 4511.01 of the Revised Code, that is required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly restrained either in accordance with the manufacturer's instructions in a child restraint system that meets federal motor vehicle safety standards or in an occupant restraining device as defined in section 4513.263 of the Revised Code.
(D)(E) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (C)(D) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
(E)(F) The director of public safety shall adopt such rules
as
are necessary to carry out this section.
(F)(G) The failure of an operator of a motor vehicle to
secure
a child in a child restraint system, a booster seat, or in an occupant restraining device as required by this section is
not
negligence imputable to
the child, is not admissible as
evidence in any civil action
involving the rights of the child
against any other person
allegedly liable for injuries to the
child, is not to be used as
a basis for a criminal prosecution of
the operator of the motor
vehicle other than a prosecution for a
violation of this section,
and is not admissible as evidence in
any criminal action
involving the operator of the motor vehicle
other than a
prosecution for a violation of this section.
(G)(H) This section does not apply when an emergency exists
that threatens the life of any person operating a motor vehicle
and
to whom this section otherwise would apply or the life of any
child who otherwise would be required to be restrained under this
section.
(H)(I) There is hereby created in the state treasury the "child
highway safety
fund," consisting of fines imposed
pursuant to
division (J)(K)(1) of
this section
for violations
of
divisions (A), (B), and (C), and (D) of this section. The
money in the fund
shall
be used by the department of health only
to defray the cost
of
designating hospitals as pediatric
trauma
centers
under
section
3727.081 of the Revised Code
and to
establish and
administer a child highway safety program.
The
purpose of the
program
shall be to educate the public about
child
restraint
systems generally and booster seats and the
importance of their
proper
use. The
program also shall include a process for
providing child
restraint
systems and booster seats to persons who meet the
eligibility criteria
established
by the department, and a
toll-free telephone number
the public may
utilize to obtain
information about child restraint
systems and booster seats, and
their proper
use.
(I)(J) The director of health, in accordance with Chapter 119. of
the Revised Code,
shall adopt any rules necessary to carry out
this section, including rules
establishing the criteria a person
must meet in order to receive a child
restraint system or booster seat under the
department's child restraint system highway safety program;
provided that rules
relating to the verification of pediatric trauma
centers shall not
be adopted under this section.
(J)(K)(1) Whoever violates
division
(A), (B), or (C), or (D) of this section shall be punished as follows:
(a) Except as otherwise provided in division
(J)(K)(1)(b) of
this
section, the offender is guilty of a minor misdemeanor and shall be fined not less than twenty-five dollars. (b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (A), (B), or (C), or (D) of this
section
or of
a municipal ordinance that is substantially similar
to any of those
divisions, the offender is guilty of a
misdemeanor of the
fourth degree. (2) All fines imposed pursuant to
division (J)(K)(1) of
this section shall be forwarded to the
treasurer of state for
deposit in the "child highway safety fund"
created
by division (H)(I)
of this section.
Section 2. That existing section 4511.81 of the Revised Code is hereby repealed.
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