TITLE 31
Motor and Other vehicles
CHAPTER 31-22
Miscellaneous Rules
SECTION 31-22-22
§ 31-22-22 Safety belt use Child
restraint.
(a)(1) Any person transporting a child under the age of eight (8), less than
fifty-seven (57) inches in height and less than eighty (80) pounds in a motor
vehicle operated on the roadways, streets, or highways of this state, shall
transport the child in any rear seating position of the motor vehicle properly
restrained in a child restraint system approved by the United States Department
of Transportation under Federal Standard 213. If the child is under eight (8)
years old but at least fifty-seven (57) inches in height, or at least eighty
(80) pounds the child shall be properly wearing a safety belt and/or shoulder
harness approved by the Department of Transportation pursuant to Federal
Standard 208 in any rear seating position of the motor vehicle. For the purpose
of this section, applying to all parts of this section, "rear seating position"
means any seating positions located behind the driver and front seat passenger.
Under this subsection, a child must be properly restrained in the front seat if:
(i) The vehicle is not equipped with a back seat; or
(ii) All rear seating positions are being utilized by other
children.
(2) In no event shall failure to wear a child restraint
system or safety belt be considered as contributory or comparative negligence,
nor the failure to wear the child restraint system, seat belt and/or shoulder
harness be admissible as evidence in the trial of any civil action.
(b)(1) Any operator of a motor vehicle transporting a child
who has attained the age of eight (8) years but is under eighteen (18) years of
age in any seating position within a motor vehicle operated on the roadways,
streets, or highways of the state shall ensure that the passenger is properly
wearing a safety belt and/or shoulder harness system, as defined by Federal
Standard 208.
(2) Any operator of a motor vehicle under eighteen (18) years
old shall properly wear a safety belt and/or shoulder harness system.
(3) This subsection applies only to those motor vehicles
required by federal law to have safety belts.
(c)(1) Any person deemed in violation of subsection (a) of
this section shall be issued a citation. If the cited person presents proof of
purchase of a federally approved child restraint system under Standard 213 to
the issuing police department within seven (7) days of issuance, the department
shall void the violation. If the individual fails to present proof of purchase,
he or she shall be required to appear for a hearing before the traffic
tribunal, and shall be fined as provided in § 31-41.1-4 for each offense,
and it shall not be recorded on the person's driving record within the rules
and regulations governing chapter 41.1 of this title.
(2) Any person violating subsection (b) of this section shall
be fined as provided in § 31-41.1-4 for each offense. The conviction shall
not be recorded on that person's driving record within the rules and
regulations governing chapter 41.1 of this title.
(d) Notwithstanding the provisions of subsection (a) of this
section, any person transporting a child properly restrained in a federally
approved child restraint system under Federal Standard 213, but transporting
the child in a place other than a rear seating position, in violation of
subsection (a) of this section, shall be subject only to the fine contained in
subdivision (c)(2) of this section.
(e) All fines collected for violations of this section shall
be payable to the state of Rhode Island. Fifty percent (50%) of the proceeds
shall be shared with the municipality whose law enforcement department issued
the citation for the violations.
(f)(1) Any operator of a motor vehicle transporting a person
eighteen (18) years of age and older in any seating position of a motor vehicle
operated on the roadways, streets or highways of this state shall ensure that
the person be properly wearing a safety belt and/or shoulder harness system, as
defined by Federal Motor Vehicle Safety Standard 208.
(2) The provisions of this subsection shall apply only to
those motor vehicles required by federal law to have safety belts.
(g)(1) Any person who is an operator of a motor vehicle shall
be properly wearing a safety belt and/or shoulder harness system as defined by
Federal Motor Vehicle Safety Standard 208 while the vehicle is in operation on
any of the roadways, streets, or highways of this state.
(2) The provisions of this subsection shall apply only to
those motor vehicles required by federal law to have safety belts.
(h) In no event shall failure to be properly restrained by a
child restraint system or safety belt be considered as negligence, nor the
failure to be properly restrained by the child restraint system or safety belt
be admissible as evidence in the trial of any civil action.
(i) The provisions of subsections (b), (f) and (g) of this
section shall not apply to a driver or passenger of:
(1) A passenger motor vehicle manufactured before July 1,
1966;
(2) A passenger motor vehicle in which the driver or
passenger possesses a written verification from a licensed physician that the
driver or passenger is unable to wear a safety seat belt system for physical or
medical reasons. The verification time period shall not exceed twelve (12)
months at which time a new verification may be issued;
(3) A passenger motor vehicle which is not required to be
equipped with a safety seat belt system under federal laws; or
(4) A passenger motor vehicle operated by a letter carrier of
the United States Postal Service while performing the duties of a letter
carrier.
(j) A program of public information and education designed to
educate the motoring public to the benefits of wearing safety belt systems,
shall be developed by the department of transportation's governor's office on
highway safety. The department of transportation's office on highway safety, in
cooperation with the department of health, shall study the effectiveness of the
implementation of this section and shall submit to the general assembly a
report containing its findings by July 1, 1999.
(k) Any person violating subsection (f) or (g) of this
section shall be fined as provided in § 31-41.1-4. Any conviction for
violating subsection (f) or (g) of this section shall not be recorded on that
person's driving record within the rules and regulations governing chapter 41.1
of this title.
(l) No motor vehicle shall be stopped, inspected or detained
to determine compliance with subsection (f) or (g) of this section without
reasonable suspicion that the operator or passenger(s) of the motor vehicle is
in violation of this section.
(m) A law enforcement officer may not search a motor vehicle,
its contents, the driver, or a passenger solely because of a violation of
subsection (f) or (g) of this section.
History of Section.
(P.L. 1980, ch. 61, § 1; P.L. 1981, ch. 18, § 1; P.L. 1987, ch. 331,
§ 1; P.L. 1991, ch. 303, § 1; P.L. 1992, ch. 322, § 1; P.L.
1996, ch. 143, § 1; P.L. 1997, ch. 99, § 1; P.L. 1998, ch. 36, §
1; P.L. 2000, ch. 109, § 67; P.L. 2001, ch. 132, § 1; P.L. 2002, ch.
58, § 3; P.L. 2002, ch. 121, § 1; P.L. 2004, ch. 6, § 4; P.L.
2004, ch. 346, § 1; P.L. 2008, ch. 100, art. 12, § 9; P.L. 2009, ch.
59, § 1; P.L. 2009, ch. 62, § 1; P.L. 2011, ch. 185, § 1; P.L.
2011, ch. 186, § 1.)
