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Restraint systems - 75 Pa. Cons. Stat. § 4581Legal Research Home > Pennsylvania Statutes
SUBCHAPTER E
CHILD PASSENGER PROTECTION
Sec.
4581. Restraint systems.
4582. Child Passenger Restraint Fund.
4583. Hospital information program.
4584. Oral hazard warning (Deleted by amendment).
4585. Use of information or evidence of violation of subchapter.
4586. Civil immunity for child passenger safety technicians
and lenders of child passenger restraint systems and
booster seats.
Enactment. Subchapter E was added November 1, 1983, P.L.195,
No.53, effective immediately, unless otherwise noted.
Special Provisions in Appendix. See the preamble of Act 53
of 1983 in the appendix to this title for information relating
to legislative intent.
§ 4581. Restraint systems.
(a) Occupant protection.--
(1) Any person who is operating a passenger car, Class I
truck, Class II truck, classic motor vehicle, antique motor
vehicle or motor home and who transports a child under four
years of age anywhere in the motor vehicle, including the
cargo area, shall fasten such child securely in a child
passenger restraint system, as defined in subsection (d).
This subsection shall apply to all persons while they are
operators of motor vehicles where a seating position is
available which is equipped with a seat safety belt or other
means to secure the systems or where the seating position was
originally equipped with seat safety belts.
(1.1) Any person who is operating a passenger car, Class
I truck, Class II truck, classic motor vehicle, antique motor
vehicle or motor home and who transports a child four years
of age or older but under eight years of age anywhere in the
motor vehicle, including the cargo area, shall fasten such
child securely in a fastened safety seat belt system and in
an appropriately fitting child booster seat, as defined in
subsection (d). This paragraph shall apply to all persons
while they are operators of motor vehicles where a seating
position is available which is equipped with a seat safety
belt or other means to secure the systems or where the
seating position was originally equipped with seat safety
belts. A conviction under this paragraph by State or local
law enforcement agencies shall occur only as a secondary
action when a driver of a motor vehicle has been convicted of
violating any other provision of this title.
(2) Except for children under eight years of age and
except as provided in paragraphs (1) and (1.1), each driver
and front seat occupant of a passenger car, Class I truck,
Class II truck or motor home operated in this Commonwealth
shall wear a properly adjusted and fastened safety seat belt
system. A conviction under this paragraph by State or local
law enforcement agencies shall occur only as a secondary
action when a driver of a motor vehicle has been convicted of
any other provision of this title. The driver of a passenger
automobile shall secure or cause to be secured in a properly
adjusted and fastened safety seat belt system any occupant
who is eight years of age or older and less than 18 years of
age. This paragraph shall not apply to:
(i) A driver or front seat occupant of any vehicle
manufactured before July 1, 1966.
(ii) A driver or front seat occupant who possesses a
written verification from a physician that he is unable
to wear a safety seat belt system for physical or medical
reasons, or from a psychiatrist or other specialist
qualified to make an informed judgment that he is unable
to wear a safety seat belt system for psychological
reasons.
(iii) A rural letter carrier while operating any
motor vehicle during the performance of his duties as a
United States postal service rural letter carrier only
between the first and last delivery points.
(iv) A driver who makes frequent stops and is
traveling less than 15 miles per hour for the purpose of
delivering goods or services while in the performance of
his duties and only between the first and last delivery
points.
A violation of this paragraph shall not be subject to the
assessment of any points under section 1535 (relating to
schedule of convictions and points).
(3) A driver who is under 18 years of age may not
operate a motor vehicle in which the number of passengers
exceeds the number of available safety seat belts in the
vehicle.
(b) Offense.--Anyone who fails to comply with the provisions
of subsection (a)(1) or (1.1) shall be guilty of a summary
offense with a maximum fine of $100. The court imposing and
collecting any such fines shall transfer the fines thus
collected to the State Treasurer for deposit in the Child
Passenger Restraint Fund, pursuant to section 4582 (relating to
Child Passenger Restraint Fund). Anyone who violates subsection
(a)(2) or (3) commits a summary offense and shall, upon
conviction, be sentenced to pay a fine of $10. No person shall
be convicted of a violation of subsection (a)(2) unless the
person is also convicted of another violation of this title
which occurred at the same time. No costs as described in 42
Pa.C.S. § 1725.1 (relating to costs) shall be imposed for
summary conviction of subsection (a)(2) or (3). Conviction under
this subsection shall not constitute a moving violation.
(c) Waiver of fine.--If a person receives a citation issued
by the proper authority for violation of subsection (a)(1) or
(1.1), a magisterial district judge, magistrate or judge shall
dismiss the charges if the person prior to or at the person's
hearing displays evidence of acquisition of a child passenger
restraint system or child booster seat to such magisterial
district judge, magistrate or judge. Sufficient evidence shall
include a receipt mailed to the appropriate court officer which
evidences purchase, rental, transferal from another child seat
owner (evidenced by notarized letter) or bailment from a bona
fide loaner program of a child passenger restraint system or
child booster seat.
(d) Standards.--
(1) A child passenger restraint system shall be used as
designated by the manufacturer of the system in motor
vehicles equipped with seat safety belts and shall meet the
Federal Motor Vehicle Safety Standard (49 C.F.R. § 571.213).
(2) A child booster seat shall be used as designated by
the manufacturer of the system in motor vehicles equipped
with seat safety belts and shall meet the Federal Motor
Vehicle Safety Standard (49 CFR § 571.213) that is designed
to elevate a child to properly sit in a federally approved
safety seat belt system.
(e) Civil actions.--In no event shall a violation or alleged
violation of this subchapter be used as evidence in a trial of
any civil action; nor shall any jury in a civil action be
instructed that any conduct did constitute or could be
interpreted by them to constitute a violation of this
subchapter; nor shall failure to use a child passenger restraint
system, child booster seat or safety seat belt system be
considered as contributory negligence nor shall failure to use
such a system be admissible as evidence in the trial of any
civil action; nor shall this subchapter impose any legal
obligation upon or impute any civil liability whatsoever to an
owner, employer, manufacturer, dealer or person engaged in the
business of renting or leasing vehicles to the public to equip a
vehicle with a child passenger restraint system or child booster
seat or to have such child passenger restraint system or child
booster seat available whenever their vehicle may be used to
transport a child.
(f) Criminal proceedings.--The requirements of this
subchapter or evidence of a violation of this subchapter are not
admissible as evidence in a criminal proceeding except in a
proceeding for a violation of this subchapter. No criminal
proceeding for the crime of homicide by vehicle shall be brought
on the basis of noncompliance with this subchapter.
(g) Exemptions.--Exemptions will be allowed if it is
determined, according to the rules and regulations of the
department, that the use of a child passenger restraint system
or child booster seat would be impractical for physical reasons
including, but not limited to, medical reasons or size of the
child.
(h) Insurance.--An insurer may not charge an insured who has
been convicted of a violation of this section a higher premium
for a policy of insurance in whole or in part by reason of that
conviction.
(Nov. 23, 1987, P.L.399, No.82, eff. imd.; June 22, 1993,
P.L.101, No.22, eff. 60 days; June 25, 1999, P.L.164, No.23;
Dec. 23, 2002, P.L.1982, No.229, eff. 60 days; Nov. 30, 2004,
P.L.1618, No.207, eff. 60 days)
2004 Amendment. Act 207 amended subsec. (c). See sections 28
and 29 of Act 207 in the appendix to this title for special
provisions relating to applicability and construction of law.
2002 Amendment. See section 21 of Act 229 in the appendix to
this title for special provisions relating to promulgation of
guidelines to implement Act 229.
1987 Amendment. See sections 8, 9 and 10 of Act 82 in the
appendix to this title for special provisions relating to
compatibility with Federal safety standards, seat belt
educational program and seat belt oral hazard warnings.
Cross References. Section 4581 is referred to in sections
4582, 4586 of this title.
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Last modified: November 27, 2007 |
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