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75 Saf= and Equinment 337.26 <br />337.26 CffiLD RESTRAINT SYSTEM USAGE. <br />(a) 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 or public safety vehicle, that is registered in <br />this State, and is required by the United States Department of Transportation to be equipped with <br />seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the <br />child properly secured in accordance with the manufacturer's instructions in a child restraint <br />system that meets federal 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 and is owned, <br />leased or otherwise under the control of a nursery school, kindergarten, or day-care center, the <br />operator of the motor vehicle shall have the child properly secured in accordance with the <br />manufacturer's instructions in a child restraint system that meets federal motor vehicle safety <br />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 to carry <br />out this section. <br />(d) The failure of an operator of a motor vehicle to secure a child in a child restraint <br />system as required by this section is not negligence imputable to the child, is not admissible as <br />evidence in any civil action involving the rights of the child against any other person allegedly <br />liable for injuries to the child, is not to be.used as a basis for a cruninal prosecution of the operator <br />of the motor 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 than a <br />prosecution for a violation of this section. <br />(e) This section does not apply when an emergency exists that threatens the life of any <br />person operating a motor vehicle to whom this section otherwise would apply or the life of any <br />child who otherwise would be required to be restrained under this section. <br />( fl If a person who is not a resident of this State is charged with a violation of <br />subsection (a) or (b) hereof and does not prove to the court, by a preponderance of the evidence, <br />that his use or nonuse of a child restraint system was in accordance with the law of the state of <br />which he is a resident, the court shall unpose the penalty provided under Section 337.99. <br />(ORC 4511.81) <br />2006 Replacement