All children under five years of age need to be in a child car seat while in a moving vehicle.
Here’s exactly what Law 28-907 says:
- A person shall not operate a motor vehicle on the highways in this state when transporting a child who is under five years of age unless that child is properly secured in a child passenger restraint system.
- A person who violates the standard is subject to a civil penalty of $50.00, except that a civil penalty shall not be imposed if the person makes sufficient showing that the motor vehicle has been subsequently equipped with a child passenger restraint system that meets the standards adopted. A sufficient showing may include a receipt mailed to the appropriate court officer that evidences purchase or acquisition of a child passenger restraint system. The court imposing and collection the civil penalty shall transfer the monies, exclusive of any assessments imposed pursuant to sections 12.116.01 and 12.116.02, to the state treasurer for deposit into the child passenger restraint fund.
- If a law enforcement officer stops a vehicle for an apparent violation of this section, the officer shall determine from the driver whether the unrestrained child or children in the vehicle are under 5 years of age.
- If the information given indicates that a violation has not been committed, the officer shall not detain the vehicle any further unless some additional violation is involved. The stopping of a vehicle for an apparent or actual violation is not probable cause for search or seizure of the vehicle unless there is probable cause for another violation of the law.
- The requirements of this section or evidence of a violation of this section are not admissible as evidence in judicial proceeding except in a judicial proceeding for a violation of this section.
- This section does not apply to the following:
- A person who operates a motor vehicle that was originally manufactured without a passenger restraint devices.
- A person who operates a motor vehicle that is also a recreational vehicle as defined in section 41.2142.
- A person who operates a commercial motor vehicle and who holds a current commercial license.
- A person who must transport a child in an emergency to obtain necessary medical care.
- A person who transports more than one child under 5 years of age in a motor vehicle that because of the restricted size of the passenger area, does not provide sufficient area for the required number of child passenger restraint devices if both of the following conditions are met:
- At least one child is restrained as required.
- The person has secured as many of the other children in child passenger restraint systems as is reasonable given the restricted size of the passenger area and the number of passengers in the car.
- Before the release of any newborn child from a hospital , the hospital in conduction with the attending physician shall provide the parents of the child with a copy of this section and information with regard to the availability of a loaner or rental program for child passenger restraint devices that may be available in the community where the child is born.
- A child passenger restraint fund is established. The fund consists of all civil penalties deposited pursuant to this section and any monies donated by the public. The Department of Economic Security (D.E.S.) shall administer the fund.
- D.E.S. shall purchase child passenger restraint systems that meet the requirements of this section from monies deposited to the fund. If a responsible agency requests child restraint systems, and if they are available, D.E.S. shall distribute them to the responsible agency.
- On the application of a person to a responsible agency, and on finding that the person applying is unable to acquire a child restraint system because the person is indigent, and subject to availability, the responsible agency will loan the applicant a child restraint system at no charge for as long as the person has need to transport a child.
In the back. In the belt. Every time.