2006 Code of Virginia § 46.2-1095 - Child restraint devices required when transporting certain children; safety belts for other childre...

46.2-1095. Child restraint devices required when transporting certainchildren; safety belts for other children less than sixteen years oldrequired; penalty.

A. Any person who drives on the highways of Virginia any motor vehiclemanufactured after January 1, 1968, shall ensure that any child, through agefive, whom he transports therein is provided with and properly secured in achild restraint device of a type which meets the standards adopted by theUnited States Department of Transportation.

B. Any person transporting any child less than sixteen years old, except forthose required pursuant to subsection A to be secured in a child restraintdevice, shall ensure that such child is provided with and properly secured byan appropriate safety belt system when driving on the highways of Virginia inany motor vehicle manufactured after January 1, 1968, equipped or required bythe provisions of this title to be equipped with a safety belt system,consisting of lap belts, shoulder harnesses, combinations thereof or similardevices.

C. A violation of this section shall not constitute negligence, be consideredin mitigation of damages of whatever nature, be admissible in evidence or bethe subject of comment by counsel in any action for the recovery of damagesin a civil action.

D. A violation of this section may be charged on the uniform traffic summonsform.

E. Nothing in this section shall apply to taxicabs, school buses, executivesedans, limousines, or the rear cargo area of vehicles other than pickuptrucks.

(1982, c. 634, 46.1-314.2; 1984, c. 280; 1986, c. 283; 1989, c. 727; 1992,cc. 119, 405; 1997, c. 793; 2000, c. 736; 2002, cc. 358, 616, 660.)