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Indiana Passenger Law (Effective July 1, 2007)

  • Occupants 16 and older are required to ride properly restrained in a seat belt
  • This law applies to all seating positions in all vehicles, including pick-up trucks and SUV’s

Scroll down to read the entire code IC 9-19-10 Chapter 10. Passenger Restraint Systems.

IC 9-19-10

Chapter 10. Passenger Restraint Systems

IC 9-19-10-0.1

Application of certain amendments to chapter

Sec. 0.1. The amendments made to section 7 of this chapter by

P.L.121-1993 apply to a product liability action that arises after June

30, 1993.

As added by P.L.220-2011, SEC.213.

IC 9-19-10-1

Application of chapter

Sec. 1. This chapter does not apply to an occupant of a motor

vehicle who meets any of the following conditions:

(1) For medical reasons should not wear safety belts, provided

the occupant has written documentation of the medical reasons

from a physician.

(2) Is a child required to be restrained by a child restraint

system under IC 9-19-11.

(3) Is traveling in a commercial or a United States Postal

Service vehicle that makes frequent stops for the purpose of

pickup or delivery of goods or services.

(4) Is a rural carrier of the United States Postal Service and is

operating a vehicle while serving a rural postal route.

(5) Is a newspaper motor route carrier or newspaper bundle

hauler who stops to make deliveries from a vehicle.

(6) Is a driver examiner designated and appointed under

IC 9-14-2-3 and is conducting an examination of an applicant

for a permit or license under IC 9-24-10.

(7) Is an occupant of a farm truck being used on a farm in

connection with agricultural pursuits that are usual and normal

to the farming operation, as set forth in IC 9-29-5-13(b)(2).

(8) Is an occupant of a motor vehicle participating in a parade.

(9) Is an occupant of the living quarters area of a recreational

vehicle.

(10) Is an occupant of the treatment area of an ambulance (as

defined in IC 16-18-2-13).

(11) Is an occupant of the sleeping area of a tractor.

(12) Is an occupant other than the operator of a vehicle

described in IC 9-20-11-1(1).

(13) Is an occupant other than the operator of a truck on a

construction site.

(14) Is a passenger other than the operator in a cab of a Class A

recovery vehicle or a Class B recovery vehicle who is being

transported in the cab because the motor vehicle of the

passenger is being towed by the recovery vehicle.

(15) Is an occupant other than the operator of a motor vehicle

being used by a public utility in an emergency as set forth in

IC 9-20-6-5.

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

P.L.214-2007, SEC.6.

IC 9-19-10-2

Use of safety belt by motor vehicle occupants; safety belt standards

Sec. 2. Each occupant of a motor vehicle equipped with a safety

belt that:

(1) meets the standards stated in the Federal Motor Vehicle

Safety Standard Number 208 (49 CFR 571.208); and

(2) is standard equipment installed by the manufacturer;

shall have a safety belt properly fastened about the occupant’s body

at all times when the vehicle is in forward motion.

As added by P.L.2-1991, SEC.7. Amended by P.L.214-2007, SEC.7.

IC 9-19-10-2.5

Repealed

(Repealed by P.L.67-2004, SEC.14.)

IC 9-19-10-3

Repealed

(Repealed by P.L.214-2007, SEC.10.)

IC 9-19-10-3.1

Stopping, inspecting, or detaining vehicle; checkpoints

Sec. 3.1. (a) Except as provided in subsection (b), a vehicle may

be stopped to determine compliance with this chapter. However, a

vehicle, the contents of a vehicle, the driver of a vehicle, or a

passenger in a vehicle may not be inspected, searched, or detained

solely because of a violation of this chapter.

(b) A law enforcement agency may not use a safety belt

checkpoint to detect and issue a citation for a person’s failure to

comply with this chapter.

As added by P.L.214-2007, SEC.8.

IC 9-19-10-4

Repealed

(Repealed by P.L.262-2013, SEC.100.)

IC 9-19-10-5

Retail sales, leases, trades, and transfers

Sec. 5. A person may not buy, sell, lease, trade, or transfer from

or to Indiana residents at retail an automobile that is manufactured or

assembled, commencing with the 1964 models, unless the

automobile is equipped with safety belts installed for use in the front

seat.

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

IC 9-19-10-6

Repealed

(Repealed by P.L.262-2013, SEC.101.)

IC 9-19-10-7

Failure to comply; fault; liability of insurer; mitigation of damages

Sec. 7. (a) Failure to comply with section 1, 2, or 3.1(a) of this

chapter does not constitute fault under IC 34-51-2 and does not limit

the liability of an insurer.

(b) Except as provided in subsection (c), evidence of the failure

to comply with section 1, 2, or 3.1(a) of this chapter may not be

admitted in a civil action to mitigate damages.

(c) Evidence of a failure to comply with this chapter may be

admitted in a civil action as to mitigation of damages in a product

liability action involving a motor vehicle restraint or supplemental

restraint system. The defendant in such an action has the burden of

proving noncompliance with this chapter and that compliance with

this chapter would have reduced injuries, and the extent of the

reduction.

As added by P.L.2-1991, SEC.7. Amended by P.L.121-1993, SEC.1;

P.L.1-1998, SEC.95; P.L.214-2007, SEC.9; P.L.262-2013, SEC.102.

IC 9-19-10-8

Failure of front seat occupant to use belt; violation; classification;

assessment of points

Sec. 8. (a) A person who:

(1) is at least sixteen (16) years of age; and

(2) violates section 2 of this chapter;

commits a Class D infraction.

(b) The bureau may not assess points under the point system for

Class D infractions under this section.

As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.3;

P.L.116-1998, SEC.3.

IC 9-19-10-9

Retail transfer of vehicle; violation; classification

Sec. 9. A person who violates section 5 of this chapter commits

a Class C infraction.

As added by P.L.2-1991, SEC.7. Amended by P.L.262-2013,

SEC.103.

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