2016 Indiana Code TITLE 9. MOTOR VEHICLES ARTICLE 19. MOTOR VEHICLE EQUIPMENT CHAPTER 10. PASSENGER RESTRAINT SYSTEMS
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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 by the bureau
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.
(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 recovery
vehicle who is being transported in the cab because the 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.
Indiana Code 2016
As added by P.L.2-1991, SEC.7. Amended by P.L.67-2004, SEC.2;
P.L.214-2007, SEC.6; P.L.216-2014, SEC.49; P.L.198-2016,
SEC.334.
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
(As added by P.L.57-1998, SEC.1 and P.L.116-1998, SEC.1.
Repealed by P.L.67-2004, SEC.14.)
IC 9-19-10-3
Repealed
(As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998,
SEC.2; P.L.116-1998, SEC.2. 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
(As added by P.L.2-1991, SEC.7. 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
Indiana Code 2016
seat.
As added by P.L.2-1991, SEC.7.
IC 9-19-10-6
Repealed
(As added by P.L.2-1991, SEC.7. 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.
Indiana Code 2016
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