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. m:. ., ?. .r,,.. ... ;. . ?...N ?c? ?.???r??c.`s: . .:??i.'q m»k?a _ .:. . , . .. ... ..... .. _ .. Ordinance No. 2002-136 (2) If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device, or was not wearing such a device as properly adjusted, then, consistent with the Rules of Evidence, the fact that the occupant was not wearing the available occupant restraining device, was not wearing all of the elements of such a device, or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfies all of the following: A. It seeks to recover damages for injury or death to the occupant. B. The defendant in question is the manufacturer, designer, distributor or seller of the passenger car. C. The claim for relief against the defendant in question is that the injury or death sustained by the occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy. (3) As used in subsection ( fl(2) of this section, "tort action" means a civil action for damages for injury, death, or loss to persons or property. "Tort action" includes a product liability claim that is subject to Ohio R.C. 2307.71 to 2307.80, but not does not include a civil action for damages for a breach of a contract or another agreement between persons. (g) Whoever violates subsection (b)(1) hereof shall be fined thirty dollars($30.00). (h) Whoever violates subsection (b)(3) hereof shall be fined twenty dollars ($20.00)." be amended, and, as amended, shall read in its entirety as follows: 337.27 DRIVERS AND PASSENGERS REQUIRED TO WEAR SEAT BELTS; PENALTY. (a) As used in this section: (1) "Automobile" means any commercial tractor, passenger car, commercial car or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States Secretary of Transportation pursuant to the "National Traffic and Motor Vehicle Safety Act of 1966, 80 Stat. 719, 15 U.S.C.A. 1392. (2) "Occupant restraining device" means a seat safety belt, shoulder belt, harness or other sa.fety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum Federal vehicle safety standards established by the United States Department of Transportation. (3) "Passenger" means any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided. (4) "Commercial tractor," "passenger car," and "commercial car" have the same meanings as provided in Ohio R.C. 4501.01. 4 .,. .. ,m.. _ .?. . ,.. . . ? v; .