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75 Safety and Equipment 337.26 <br />337.26 CHILD RESTRAINT SYSTEM USAGE; EXCEPTIONS, DISMISSAL AND <br />PENALTY. <br />(a) When any child who is less than four years of age or weighs less than forty <br />pounds is being transported in a motor vehicle, other than a taxicab, that is owned <br />by such child's parent or legal guardian and is registered in this State, and the motor <br />vehicle is required by the United States Department of Transportation to be equipped <br />with seat belts at the time of manufacture or assembly, the operator of the motor <br />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 <br />standards. <br />(b) When any child who is less than one year of age is being transported in a <br />motor vehicle, other than a taxicab or public safety vehicle as defined in Section <br />301.27, that is registered in this State but is not owned by such child's parent or <br />legal guardian, and the motor vehicle 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 vehicle safety standards. <br />(c) When any child who is one year of age or older but is less than four years <br />of age or weighs less than forty pounds is being transported in a motor vehicle, <br />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 <br />Department of Transportation to be equipped with seat belts at the time of <br />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 <br />restraint system that meets Federal motor vehicle safety standards, if such a system <br />is available. If such a child restraint system is not available, the operator of the <br />motor vehicle shall have the child properly secured in a lap belt, or if a lap belt <br />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 <br />pounds is being transported in a motor vehicle, other than a taxicab, that is registered <br />in this State and is owned, leased or otherwise under the control of a nursery school, <br />kindergarten or day-care center, the operator of the motor vehicle shall have the <br />child properly secured in accordance with the manufacturer's instructions in a child <br />restraint system that meets Federal motor vehicle safety standards. <br />(e) The Ohio Director of Public Safety shall adopt such rules as are necessary to <br />carry out this section, and may adopt rules establishing exemptions additional to <br />those established in subsection (g) hereof, if the Director determines that use of a <br />child restraint system, lap belt or seat belt would be impractical because of a physical <br />handicap of a child and if the additional exemptions are directly related to that <br />impracticality. <br />(f) The failure of an operator of a motor vehicle to secure a child in a child <br />restraint system, lap belt or seat belt as required by this section is not negligence <br />imputable to the child, is not admissible as evidence in any civil action involving the <br />rights of the child against any other person allegedly liable for injuries to the child, <br />is not to be used as a basis for a criminal prosecution of the operator of the motor <br />vehicle other than a prosecution for a violation of this section, and is not admissible <br />as evidence in any criminal action involving the operator of the motor vehicle other <br />than a prosecution for a violation of this section. <br />1993 Replacement <br />