ARTICLE 13 - CHILD SAFETY RESTRAINT
31-5-1301.� Short title.
This article is known and may be cited as the "Child Safety Restraint Act."
31-5-1302.� Definitions.
(a)� As used in this article:
(i)� "Child safety restraint system" means any device which is designed to protect, hold or restrain a child in a privately owned, leased or rented noncommercial passenger vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident or sudden stop and which conforms to the standards prescribed by 49 C.F.R. 571.213 or to applicable federal motor vehicle safety standards in effect at the time of manufacture;
(ii)� Repealed by Laws 2003, Ch. 197, � 2.
(iii)� "Emergency vehicle" means any fire department vehicle, police, sheriff's department or highway patrol vehicle, civil defense vehicle, ambulance, hearse or other vehicle used primarily for emergency purposes;
(iv)� "Motor vehicle" means every vehicle which is self-propelled;
(v)� "Passenger vehicle" means a motor vehicle designed to carry people and that was equipped with safety belts at the time of manufacture, excluding:
(A)� Emergency and law enforcement vehicles;
(B)� School buses as defined under W.S. 31-5-102(a)(xlii), including buses registered to a private school or church used to transport children to or from school or church or in connection with school or church activities;
(C) �Buses, or other vehicles designed and used for public transportation, whether intrastate or interstate, that were not equipped with safety belts at the time of manufacture.
(vi)� Repealed By Laws 2003, Ch. 197, � 2.
(vii)� Repealed By Laws 2003, Ch. 197, � 2.
31-5-1303.� Child safety restraint system; required use; exception.
(a)� Except as otherwise provided in subsection (b) of this section, no person shall operate a passenger vehicle in this state unless each child who is a passenger in that vehicle and who has not reached his ninth birthday is properly secured in a child safety restraint system in a seat of the vehicle other than the front seat, except if the vehicle is only equipped with one (1) row of seats, or if all safety belts in the rows of seats behind the front seat are in use by other child passengers in the vehicle, the child may be properly secured in a child safety restraint system in the front passenger seat of the vehicle, except that a rear-facing infant seat shall not be placed in front of an active airbag.
(b)� Any child who is within the age� requirements specified in subsection (a) of this section need not be properly secured in a child safety restraint system if:
(i)� A licensed physician has determined that the weight or physical or medical condition of the child requires that the child not be secured in such a system.� The person operating a passenger vehicle transporting such a child shall carry in the vehicle the physician's signed statement certifying that the child should not be secured in a child restraint system;
(ii)� Repealed By Laws 1998, ch. 86, � 2.
(iii)� Repealed By Laws 1998, ch. 86, � 2.
(iv)� Repealed By Laws 1998, ch. 86, � 2.
(v)� Repealed By Laws 1998, ch. 86, � 2.
(vi)� The driver of the vehicle is rendering aid or assistance to the child or his parent or guardian;
(vii)� The lap and shoulder belts of the vehicle will fit properly across the collarbone, chest and hips of the child and the belts do not pose a danger to the neck, face or abdominal area of the child in the event of a crash or sudden stop.
31-5-1304.� Penalty.
(a)� Any person who violates this article shall be issued a citation and fined not more than fifty dollars ($50.00) for the first offense, provided that the fine shall be waived by the court upon receipt of proof by the court that the offender, after the offense occurred, has purchased, leased or otherwise acquired a child safety restraint system which meets the requirements of this article. For a second or subsequent violation of this article, the offender shall be fined not more than one hundred dollars ($100.00).
(b)� Any person who uses a child safety restraint system in a manner other than in accordance with the manufacturer's instructions is guilty of a violation of this article and shall be fined as provided in subsection (a) of this section.
31-5-1305.� Limiting application.
Violation of this article does not constitute evidence of negligence or recklessness and does not constitute a basis for criminal prosecution except as set forth in this article.