TRAFFIC CODE
37
Chapter 11. Passenger Restraint
Systems For Children.
9-19-11-1.
Applicability of chapter.
9-19-11-2.
Penalty for nonrestraint of child less than 8.
9-19-11-3.6. Penalty for non-restraint of child between 8-
16.
9-19-11-3.7. Restraints of child more than 40 pounds.
9-19-11-4.
Violations of chapter not with authority
of violation clerk
9-19-11-5.
Liability for costs or judgment.
9-19-11-6.
Proof of restraint system.
9-19-11-7.
Certified record of judgment
9-19-11-8.
Noncompliance with chapter not contribu-
tory negligence
9-19-11-9.
Child restraint system account established
9-19-11-10. Bureau not to assess points for violation of
chapter
9-19-11-11. Violation of chapter not to be included in
determination of habitual violator status
9-19-11-1. Applicability of chapter.
This chapter does not apply to a person who
operates any of the following vehicles:
(1) A school bus.
(2) A taxicab.
(3) An ambulance.
(4) A public passenger bus.
(5) Amotor vehicle having a seating capac-
ity greater than nine (9) individuals that is
owned or leased and operated by a reli-
gious or not-for-profit youth organization.
(6) An antique motor vehicle.
(7) A motor cycle.
(8) Amotor vehicle that is owned or leased
by a governmental unit and is being used
in the performance of official law enforce-
ment duties.
(9) Amotor vehicle that is being used in an
emergency.
(10)Amotor vehicle that is funeral equip-
ment used in the operation of funeral serv-
ices when used in:
(A)a funeral procession;
(B) the return trip to a funeral home
(as defined in IC 25-15-2-15); or
(C) both the funeral procession and
return trip.
9-19-11-2. Penalty for nonrestraint of child
less than 8.
(a) A person who operates a motor vehicle in
which there is a child less than eight (8) years of
age who is not properly fastened and restrained
according to the child restraint system manufac-
turer’s instructions by a child restraint system
commits a Class D infraction. A person may not
be found to have violated this subsection if the per-
son carries a certificate from a physician, physi-
cian’s assistant, or advanced practice nurse stating
that it would be impractical to require that a child
be fastened and restrained by a child restraint
system because of:
(1) a physical condition, including physi-
cal deformity; or
(2) a medical condition;
of the child and presents the certificate to the
police officer or the court.
(b) Notwithstanding IC 34-28-5-5(c), funds
collected as judgments for violations under this
section shall be deposited in the child restraint sys-
tem account established by section 9 of this chap-
ter.
9-19-11-3.6. Penalty for non-restraint of child
between 8-16.
(a) A person who operates a motor vehicle in
which there is a child and that is equipped with a
safety belt meeting the standards stated in the
Federal Motor Vehicle Safety Standard Number
208 (49 CFR 571.208) commits a Class D infrac-
tion if:
(1) the child is at least eight (8) years of
age but less than sixteen (16) years of age;
and
(2) the child is not properly fastened and
restrained according to the child restraint
system manufacturer’s instructions by a:
(A) child restraint system; or
(B) safety belt.
(b) Notwithstanding IC 34-28-5-5(c), funds
collected as judgments for violations under this
section shall be deposited in the child restraint sys-
tem account established by section 9 of this chap-
ter.
9-19-11-3.7. Restraint of child more than 40
pounds.
Notwithstanding sections 2 and 3.6 of this
chapter, a person may operate a motor vehicle in
