TRAFFIC CODE
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ducting an examination of an applicant
for a permit or license under IC 9-24-10.
(7) Is an occupant of a farm truck being
used on a farm in connection with agri-
cultural pursuits that are usual and nor-
mal to the farming operation, as set forth
in IC 9-21-21-1.
(8) Is an occupant of a motor vehicle par-
ticipating in a parade.
(9) Is an occupant of the living quarters
area of a recreational vehicle.
(10) Is an occupant of the treatment area of
an ambulance (as defined in IC 16-18-2-
13).
(11) Is an occupant of the sleeping area of
a tractor.
(12) Is an occupant other than the operator
of a vehicle described in IC 9-20-11-1(1).
(13) Is an occupant other than the operator
of a truck on a construction site.
(14) Is a passenger other than the operator
in a cab of a Class A recovery vehicle or
a Class B recovery vehicle who is being
transported in the cab because the motor
vehicle of the passenger is being towed by
the recovery vehicle.
(15) Is an occupant other than the operator
of a motor vehicle being used by a public
utility in an emergency as set forth in IC
9-20-6-5.
9-19-10-2. Use of safety belts required.
Each occupant of a motor vehicle equipped
with a safety belt that:
(1) meets the standards stated in the
Federal Motor Vehicle Safety Standard
Number 208 (49 CFR 571.208); and
(2) is standard equipment installed by the
manufacturer;
shall have a safety belt properly fastened about the
occupant’s body at all times when the vehicle is
in forward motion.
9-19-10-3.1. Stopping, inspecting, searching,
detaining to determine compli-
ance; checkpoints.
(a) Except as provided in subsection (b), a
vehicle may be stopped to determine compliance
with this chapter. However, a vehicle, the contents
of a vehicle, the driver of a vehicle, or a passen-
ger in a vehicle may not be inspected, searched,
or detained solely because of a violation of this
chapter.
(b) A law enforcement agency may not use a
safety belt checkpoint to detect and issue a cita-
tion for a person’s failure to comply with this
chapter.
9-19-10-5. Safety belts in vehicles required.
A person may not buy, sell, lease, trade, or
transfer from or to Indiana residents at retail an
automobile that is manufactured or assembled,
commencing with the 1964 models, unless the
automobile is equipped with safety belts installed
for use in the front seat.
9-19-10-7. Use of evidence of noncompliance.
(a) Failure to comply with section 1, 2, or
3.1(a) of this chapter does not constitute fault
under IC 34-51-2 and does not limit the liability
of an insurer.
(b) Except as provided in subsection (c), evi-
dence of the failure to comply with section 1, 2,
or 3.1(a) of this chapter may not be admitted in a
civil action to mitigate damages.
(c) Evidence of a failure to comply with this
chapter may be admitted in a civil action as to mit-
igation of damages in a product liability action
involving a motor vehicle restraint or supple-
mental restraint system. The defendant in such an
action has the burden of proving noncompliance
with this chapter and that compliance with this
chapter would have reduced injuries, and the
extent of the reduction.
9-19-10-8. Penalty for violation of 9-19-10-2.
(a) A person who:
(1) is at least sixteen (16) years of age;
and
(2) violates section 2 of this chapter;
commits a Class D infraction.
(b) The bureau may not assess points under the
point system for Class D infractions under this sec-
tion.
9-19-10-9. Penalty for violation of 9-19-10-5.
A person who violates section 5 of this chap-
ter commits a Class C infraction.
