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Indiana Child Restraint Law (Effective July 1, 2005)

  • Children are required to ride properly restrained in a child restraint, which can include a belt positioning booster seat, until they reach their 8th birthday (this does not include shoulder belt positioners)
  • Children at least 8 years old until their 16th birthday are required to ride properly restrained in a child restraint system or seat belt in all seating positions in all vehicles
  • If first time offenders of this violation bring a child safety seat or booster to court, the fine will be waived
  • Fees collected from violations will be entered into a fund to purchase child restraints for low income families throughout Indiana
  • Exemptions:
    • If all lap/shoulder seat belts are being used by other children, then a child over 40 pounds may ride in a lap only seat belt without a child restraint (booster seats cannot be safely used with a lap only seat belt)
    • Additional exemptions include vehicles such as a school bus, ambulance, public passenger bus, motorcycle and other emergency vehicles

IC 9-19-11Chapter 11. Passenger Restraint Systems for Children.

IC 9-19-11

Chapter 11. Passenger Restraint Systems for Children

IC 9-19-11-1

Application of chapter

Sec. 1. This chapter does not apply to a person who operates any

of the following vehicles:

(1) A school bus.

(2) A taxicab.

(3) An ambulance.

(4) A public passenger bus.

(5) A motor vehicle having a seating capacity greater than nine

(9) individuals that is owned or leased and operated by a

religious or not-for-profit youth organization.

(6) An antique motor vehicle.

(7) A motorcycle.

(8) A motor vehicle that is owned or leased by a governmental

unit and is being used in the performance of official law

enforcement duties.

(9) A motor vehicle that is being used in an emergency.

(10) A motor vehicle that is funeral equipment used in the

operation of funeral services when used in:

(A) a funeral procession;

(B) the return trip to a funeral home (as defined in

IC 25-15-2-15); or

(C) both the funeral procession and return trip.

As added by P.L.2-1991, SEC.7. Amended by P.L.67-2004, SEC.3;

P.L.24-2006, SEC.3.

IC 9-19-11-2

Child less than eight years of age; child restraint system; penalty;

medical exceptions; child restraint system account

Sec. 2. (a) A person who operates a motor vehicle in which there

is a child less than eight (8) years of age who is not properly fastened

and restrained according to the child restraint system manufacturer’s

instructions by a child restraint system commits a Class D infraction.

A person may not be found to have violated this subsection if the

person carries a certificate from a physician, physician’s assistant, or

advanced practice nurse stating that it would be impractical to

require that a child be fastened and restrained by a child restraint

system because of:

(1) a physical condition, including physical deformity; or

(2) a medical condition;

of the child and presents the certificate to the police officer or the

court.

(b) Notwithstanding IC 34-28-5-5(c), funds collected as

judgments for violations under this section shall be deposited in the

child restraint system account established by section 9 of this

chapter.

As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.4;

P.L.116-1998, SEC.4; P.L.67-2004, SEC.4; P.L.2-2005, SEC.33;

P.L.146-2009, SEC.3.

IC 9-19-11-3

Repealed

(Repealed by P.L.146-2009, SEC.7.)

IC 9-19-11-3.3

Repealed

(Repealed by P.L.146-2009, SEC.7.)

IC 9-19-11-3.6

Safety belt standards; child between eight and 16 years of age;

child restraint system or safety belt

Sec. 3.6. (a) A person who operates a motor vehicle in which

there is a child and that is equipped with a safety belt meeting the

standards stated in the Federal Motor Vehicle Safety Standard

Number 208 (49 CFR 571.208) commits a Class D infraction if:

(1) the child is at least eight (8) years of age but less than

sixteen (16) years of age; and

(2) the child is not properly fastened and restrained according

to the child restraint system manufacturer’s instructions by a:

(A) child restraint system; or

(B) safety belt.

(b) Notwithstanding IC 34-28-5-5(c), funds collected as

judgments for violations under this section shall be deposited in the

child restraint system account established by section 9 of this

chapter.

As added by P.L.67-2004, SEC.7.

IC 9-19-11-3.7

Exception; child over 40 pounds; lap safety belt

Sec. 3.7. Notwithstanding sections 2 and 3.6 of this chapter, a

person may operate a motor vehicle in which there is a child who

weighs more than forty (40) pounds and who is properly restrained

and fastened by a lap safety belt if:

(1) the motor vehicle is not equipped with lap and shoulder

safety belts; or

(2) not including the operator’s seat and the front passenger

seat:

(A) the motor vehicle is equipped with one (1) or more lap

and shoulder safety belts; and

(B) all the lap and shoulder safety belts are being used to

properly restrain other children who are less than sixteen

(16) years of age.

As added by P.L.67-2004, SEC.8. Amended by P.L.146-2009, SEC.4.

IC 9-19-11-4

Designation of violations as being within authority of violations

clerk

Sec. 4. Notwithstanding IC 34-28-5-9(1), a court may not

designate violations of this chapter as being within the authority of

the violations clerk.

As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.96.

IC 9-19-11-5

Enforcement proceedings; acquisition by violator of restraint

system; costs; money judgments

Sec. 5. If at a proceeding to enforce section 2 of this chapter the

court finds that the person:

(1) has violated this chapter; and

(2) possesses or has acquired a child restraint system;

the court shall enter judgment against the person. However,

notwithstanding IC 34-28-5-4, the person is not liable for any costs

or monetary judgment if the person has no previous judgments of

violation of this chapter against the person.

As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.97;

P.L.67-2004, SEC.9.

IC 9-19-11-6

Enforcement proceedings; absence of possession by violator of

restraint system; costs; money judgments

Sec. 6. (a) If at a proceeding to enforce section 2 of this chapter

the court finds that the person:

(1) has violated this chapter; and

(2) does not possess or has not acquired a child restraint system;

the court shall enter judgment against the person and shall order the

person to provide proof of possession or acquisition within thirty

(30) days.

(b) Notwithstanding IC 34-28-5-4, if the person:

(1) complies with a court order under this section; and

(2) has no previous judgments of violation of this chapter

against the person;

the person is not liable for any costs or a monetary judgment.

As added by P.L.2-1991, SEC.7. Amended by P.L.1-1998, SEC.98;

P.L.67-2004, SEC.10.

IC 9-19-11-7

Forwarding to bureau of motor vehicles certified abstract of

record of judgment

Sec. 7. A court shall forward to the bureau of motor vehicles a

certified abstract of the record of judgment of any person in the court

for a violation of this chapter in the manner provided by IC 9-25-6.

As added by P.L.2-1991, SEC.7.

IC 9-19-11-8

Contributory negligence

Sec. 8. Failure to comply with this chapter does not constitute

contributory negligence.

As added by P.L.2-1991, SEC.7.

IC 9-19-11-9

Child restraint system account

Sec. 9. (a) The child restraint system account is established within

the state general fund to make grants under subsection (d).

(b) The account consists of the following:

(1) Funds collected as judgments for violations under this

chapter.

(2) Appropriations to the account from the general assembly.

(3) Grants, gifts, and donations intended for deposit in the

account.

(4) Interest that accrues from money in the account.

(c) The account shall be administered by the criminal justice

institute.

(d) The criminal justice institute, upon the recommendation of the

governor’s council on impaired and dangerous driving, shall use

money in the account to make grants to private and public

organizations to:

(1) purchase child restraint systems; and

(2) distribute the child restraint systems:

(A) without charge; or

(B) for a minimal charge;

to persons who are not otherwise able to afford to purchase

child restraint systems.

The criminal justice institute shall adopt rules under IC 4-22-2 to

implement this section.

(e) Money in the account is appropriated continuously to the

criminal justice institute for the purposes stated in subsection (a).

(f) The expenses of administering the account shall be paid from

money in the account.

(g) The treasurer of state shall invest the money in the account not

currently needed to meet the obligations of the account in the same

manner as other public money may be invested. Interest that accrues

from these investments shall be deposited in the account.

(h) Money in the account at the end of a state fiscal year does not

revert to the state general fund.

As added by P.L.67-2004, SEC.11.

IC 9-19-11-10

Violation; no assessment of points

Sec. 10. The bureau may not assess points under the point system

for a violation of this chapter.

As added by P.L.67-2004, SEC.12.

IC 9-19-11-11

Violation; not basis for habitual offender determination

Sec. 11. A violation of this chapter may not be included in a

determination of habitual violator status under IC 9-30-10-4.

As added by P.L.67-2004, SEC.13.

Other State Laws

All 50 states, the District of Columbia, Guam, the Northern Mariana Islands and the Virgin Islands have enacted laws to protect children in motor vehicles.  The terms of the laws vary from state to state.  If you are traveling outside of Indiana, you can find a summary of other state laws at http://ghsa.org/html/stateinfo/laws/childsafety_laws.html.

Link to Indiana Code Website