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75 Safety and Equipment 337.26 <br />337.26 CHILD RESTRAINT SYSTEM USAGE; EXCEPTIONS, DISMISSAL AND PENALTY. <br />(a) When any child who is less than four years of age or weighs less than forty pounds <br />is being transported in a motor vehicle, other than a taxicab, that is owned by such child's <br />parent or legal guardian and is registered in this State, and the motor vehicle is required <br />by the United States Department of Transportation to be equipped with seat belts at the <br />time of manufacture or assembly, the operator of the motor vehicle shall have the child <br />properly secured in accordance with the manufacturer's instructions in a child restraint <br />system that meets Federal motor vehicle safety standards. <br />(b) When any child who is less than one year of age is being transported in a motor <br />vehicle, other than a taxicab, that is registered in this State but is not owned by such child's <br />parent or legal guardian, and the motor. vehicle is required by the United States Depart- <br />ment of Transportation to be equipped with seat belts at the time of manufacture or <br />assembly, the operator of the motor vehicle shall have the child properly secured in <br />accordance with the manufacturer's instructions in a child restraint system that meets <br />Federal motor vehicle safety standards. <br />(c) When any child who is one year of age or older but is less than four years of age <br />or weighs less than forty pounds is being transported in a motor vehicle, other than a <br />taxicab, that is registered in'this State but is not owned by such child's parent or legal <br />guardian, and the motor vehicle is required by the United States Department of Transporta- <br />tion to be equipped with seat belts at the time of manufacture or assembly, the operator of <br />the motor vehicle shall have the child properly secured in accordance with the manufacturer's <br />instructions in a child restraint system that meets Federal motor vehicle safety standards, <br />if such a system is available. If such a child restraint system is .riot available, the <br />operator of the motor vehicle shall have the child properly secured in a lap belt, or if a <br />lap belt is not available, in a seat belt. <br />(d) When any child who is less than four years of age or weighs less than forty pounds <br />is being transported in a motor vehicle, other than a taxicab, that is registered in this <br />State and is owned, leased or otherwise under the control of a nursery school, kindergarten <br />or day-care center, the operator of the motor vehicle shall have the child properly secured <br />in accordance with the manufacturer's instructions in a child restraint system that meets <br />Federal motor vehicle safety standards. <br />(e) The Ohio Director of Highway Safety shall adopt such rules as are necessary to <br />carry out this section, and may adopt rules establishing exemptions additional to those <br />established in subsection (g) hereof, if the Director determines that use of a child <br />restraint system, lap belt or seat belt would be impractical because of a physical handicap <br />of a child and if the additional exemptions are directly related to that impracticality. <br />(f) The failure of an operator of a motor vehicle to secure a child in a child restraint <br />system, lap belt or seat belt as required by this section is not negligence imputable to the <br />child, is not admissable as evidence in any civil action involving the rights of the child <br />against any other person allegedly liable for injuries to the child, is not to be used as a <br />basis for a criminal prosecution of the operator of the motor vehicle other than a prosecution <br />for a violation of this section, and is not admissable as evidence in any criminal action <br />involving the operator of the motor vehicle other than a prosecution for a violation of this <br />section. <br />1988 Replacement <br />