2010 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 19. MOTOR VEHICLE EQUIPMENT
CHAPTER 10. PASSENGER RESTRAINT SYSTEMS

IC 9-19-10
     Chapter 10. Passenger Restraint Systems

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
Educational programs
    
Sec. 4. The bureau, in cooperation with the Indiana department of transportation, division of traffic safety, shall develop and administer educational programs for the purpose of informing the general public of the benefits that will inure to passengers using safety belts.
As added by P.L.2-1991, SEC.7.

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
Belt and installation specifications
    
Sec. 6. (a) A safety belt must be of a type and must be installed in a manner approved by the bureau.
    (b) The bureau shall establish specifications and requirements for approved types of safety belts and attachments to the safety belts.
    (c) The bureau shall accept, as approved, a seat belt installation

and the belt and anchor meeting the Society of Automotive Engineers' specifications.
As added by P.L.2-1991, SEC.7.

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, 3.1(a), or 4 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, 3.1(a), or 4 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.

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 transfers of vehicles and belt and installation specifications; violation; classification
    
Sec. 9. A person who violates section 5 or 6 of this chapter commits a Class C infraction.
As added by P.L.2-1991, SEC.7.

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