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75 Safetv and EQUipment 337.26 <br />337.26 CHILD RESTRAINT SYSTEM USAGE. <br />(a) When any child who is in either or both of the following categories is <br />being transported in , a motor vehicle, other than a taxicab or public safety vehicle, <br />that is registered in this State, and is required by the United States Department of <br />Transportation to be equipped with seat belts at the time of manufacture or assembly, <br />the operator of the motor vehicle shall have the child properly secured in accordance <br />with the manufacturer's instructions in a child restraint system that meets federal <br />motor safety standards: <br />(1) A child who is less than four years of age; <br />(2) A child who weighs less than forty pounds. <br />(b) When any child who is in either or both of the following categories is being <br />transported in a motor vehicle, other than a taxicab, that is registered in this State <br />and is owned, leased or otherwise under the control of a nursery school,. kinder.garten, <br />or day-care center, the operator of the motor vehicle shall have the child properly <br />secured in accordance with the manufacturer's instructions in a child restraint system <br />that meets federal motor vehicle safety standards: <br />(1) A child who is less than four years of age; <br />(2) A child who weighs less than forty pounds. <br />. (c) The Ohio Director of Public Safety shall adopt such rules as are necessary <br />to carry out this section. <br />(d) The failure of an operator of a motor vehicle to secure a child in a child <br />restraint system as required by this section is not negligence imputable to the child, <br />is not admissible 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 <br />as a basis for a criminal prosecution of the operator of the motor vehicle other than <br />a prosecution for a violation of this section, and is not admissible as evidence in any <br />criminal action involving the operator of the motor vehicle other than a prosecution <br />for a violation of this section. <br />(e) This section does not apply when an emergency exists that threatens the life <br />of any person operating a motor vehicle to whom this section otherwise would apply <br />or the life of any child who otherwise would be required to be restrained under this <br />SECC1017. <br />(f) If a person who is not a resident of this State is charged with a violation <br />of subsection (a) or (b) hereof and does not prove to the court, by a preponderance <br />of the evidence, that his use or nonuse of a child restraint system was in accordance <br />with the law of the state of which he is a resident, the court shall impose the <br />penalty provided under Section 337.99. (ORC 4511.81) <br />1994 Replacement