§ 4803. Child restraint in motor vehicles.
656 words·~3 min read·
/de/title-21/chapter-48-occupant-protection-system-safety-act/4803·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The driver shall be responsible, when transporting a child under the age of 16 in a motor vehicle operated on the roadways, streets, or highways of this State, for providing protection of the child by properly securing the child in all seating positions, according to manufacturer’s instructions, in a child safety seat or booster seat meeting federal motor vehicle safety standards, and that is appropriate for the child’s age, weight and height, or a properly secured seatbelt. The duty imposed by this subsection shall not apply to any operator or passenger of a “charter bus,” “limousine” or “taxicab” as defined in § 1801 of Title 2.
(2)A child under the age of 2 years and less than 30 pounds shall be properly secured in a rear-facing child restraint equipped with a 5-point harness.
(3)A child under the age of 4 and less than 40 pounds shall be properly secured in a child restraint equipped with a 5-point harness. This restraint shall be either rear-facing or forward facing until they reach the upper height or weight limits of the restraint.
(4)A child shall be properly secured in a belt-positioning booster until they reach the upper height or weight limits of the restraint per the manufacturer’s guidelines.
(5)Every child who has reached the upper height and weight limits per the manufacturer’s guidelines of a belt-positioning booster seat and has not yet attained the age of 16 shall, in all seating positions, wear a properly-secured seatbelt while in a motor vehicle operated on the roadways, streets, or highways of this State.
(1)No child who is 5′5″ or less in height and who is under 12 years of age shall occupy the front passenger seat of any vehicle equipped with a passenger-side airbag that has not been deliberately rendered inoperable in conformity with federal law. This subsection shall not apply to vehicles equipped with a passenger-side airbag specifically designed or modified by the vehicle’s manufacturer for use by children and small adults.
(2)It shall not be a violation of this section for a child 5′5″ or less in height and under 12 years of age to occupy the front passenger seat of a vehicle equipped with a passenger-side airbag that has not been deliberately rendered inoperable in conformity with federal law if such vehicle does not have a rear passenger seat or if all rear passenger seats are occupied by other children 5′5″ or less in height and under 12 years of age. A violation of this subsection shall be considered a secondary offense, and no motor vehicle shall be stopped by a police officer solely for failure to comply with this subsection.
(c)A second or subsequent violation of this section shall be an offense punishable by a fine of $25 for each violation. The failure to provide a child restraint system or seat belt for more than 1 child in the same vehicle at the same time, as required by this section, shall not be treated as a separate offense. Law enforcement should provide a referral to a car seat fitting station sanctioned by the Office of Highway Safety for guidance and education regarding proper use of a child restraint.
(d)A violation of this section shall not be considered as evidence of either comparative or contributory negligence in any civil suit or of criminal negligence or recklessness in any criminal action arising out of any motor vehicle accident in which a child under 16 is injured, nor shall failure to wear a child passenger restraint system or seat belt in violation of this section be admissible as evidence in the trial of any civil action.
(e)Following December 27, 2023, the Department of Safety and Homeland Security shall implement an awareness campaign to educate motorists about the components of the law and to encourage the public to correctly and consistently uses child safety seats, booster seats and seatbelts.