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189.125 Requirements of use of seat belts, child restraint systems, and child
booster seats -- Exceptions.
(1)
(2)
(3)
(4)
(5)
(6)
Except as otherwise provided in this section, "motor vehicle" as used in this
section means every vehicle designed to carry fifteen (15) or fewer passengers
and used for the transportation of persons, but the term does not include:
(a) Motorcycles;
(b) Motor-driven cycles; or
(c) Farm trucks registered for agricultural use only and having a gross weight
of one (1) ton or more.
A person shall not sell any new motor vehicle in this state nor shall any person
make application for registering a new motor vehicle in this state unless the
front or forward seat or seats have adequate anchors or attachments secured
to the floor and/or sides to the rear of the seat or seats to which seat belts may
be secured.
(a) Any driver of a motor vehicle, when transporting a child of forty (40)
inches in height or less in a motor vehicle operated on the roadways,
streets, and highways of this state, shall have the child properly secured
in a child restraint system of a type meeting federal motor vehicle safety
standards.
(b) Any driver of a motor vehicle, when transporting a child under the age of
seven (7) years who is between forty (40) inches and fifty (50) inches in
height in a motor vehicle operated on the roadways, streets, and
highways of this state, shall have the child properly secured in a child
booster seat.
As used in this section:
(a) "Child restraint system" means any device manufactured to transport
children in a motor vehicle which conforms to all applicable federal motor
vehicle safety standards; and
(b) "Child booster seat" means a child passenger restraint system that meets
the standards set forth in 49 C.F.R. Part 571 that is designed to elevate a
child to properly sit in a federally approved lap-and-shoulder belt system.
Failure to use a child passenger restraint system or a child booster seat shall
not be considered as contributory negligence, nor shall such failure to use a
passenger restraint system or booster seat be admissible as evidence in the
trial of any civil action. Failure of any person to wear a seat belt shall not
constitute negligence per se.
A person shall not operate a motor vehicle manufactured after 1981 on the
public roadways of this state unless the driver and all passengers are wearing
a properly adjusted and fastened seat belt, unless the passenger is a child who
is secured as required in subsection (3) of this section. The provisions of this
subsection shall not apply to:
(a) A person who has in his possession at the time of the conduct in question
a written statement from a physician or licensed chiropractor that he is
unable, for medical or physical reasons, to wear a seat belt; or
(b) A letter carrier of the United States postal service while engaged in the
(7)
(8)
performance of his duties.
A conviction for a violation of subsection (6) of this section shall not be
transmitted by the court to the Transportation Cabinet. The Transportation
Cabinet shall not include a conviction for a violation of subsection (6) of this
section as part of any person's driving history record.
The provisions of subsection (6) of this section shall supersede any existing
local ordinance involving the use of seat belts. No ordinance contrary to
subsection (6) of this section may be enacted by any unit of local government.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 130, sec. 1, effective July 12, 2012. -Amended 2008 Ky. Acts ch. 108, sec. 1, effective July 15, 2008. -- Amended
2006 Ky. Acts ch. 180, sec. 9, effective July 12, 2006. -- Amended 1994 Ky.
Acts ch. 39, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 232,
sec. 1, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 158, sec. 1,
effective July 15, 1982. -- Created 1962 Ky. Acts ch. 76, sec. 1.
Legislative Research Commission Note (7/12/2006). 2006 Ky. Acts ch. 180,
sec. 14, provides, in part, that between July 12, 2006, and January 1, 2007, "all
law enforcement agencies in this state shall be required to issue a courtesy
warning rather than a citation to persons who violate subsection (6) of [this
section]."
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