2018 Maryland Code
Title 22 - Vehicle Laws -- Equipment of Vehicles
Subtitle 4 - Other Equipment
§ 22-412.2. Child safety seats

  • (a) Definitions. --

    • (1) In this section the following words have the meanings indicated.

    • (2) (i) "Child safety seat" means a device, including a child booster seat, that the manufacturer:

      • 1. Certifies is manufactured in accordance with applicable federal safety standards; and

      • 2. Intends to be used to restrain, seat, or position a child who is transported in a motor vehicle.

        • (ii) "Child safety seat" does not mean a seat belt or combination seat belt-shoulder harness used alone.

    • (3)

      • (i) "Seat belt" means a restraining device described under § 22-412 of this subtitle.

      • (ii) "Seat belt" includes a combination seat belt-shoulder harness.

  • (b) Accordance with directions of manufacturer required. -- A child safety seat meets the requirements of this section only if it is installed and used in accordance with the directions of the manufacturer.

  • (c) Application to vehicles. -- This section applies to the transportation of a child in:

    • (1) A motor vehicle registered, or of a type capable of being registered, in this State as a:

      • (i) Class A (passenger) vehicle;

      • (ii) Class E (truck) vehicle; or

      • (iii) Class M (multipurpose) vehicle; and

    • (2) A vehicle registered in another state or Puerto Rico that is the same type of vehicle as a vehicle identified in item (1) of this subsection.

  • (d) Child under age of 8, taller than 4 feet, 9 inches. -- A person transporting a child under the age of 8 years in a motor vehicle shall secure the child in a child safety seat in accordance with the child safety seat and vehicle manufacturers' instructions unless the child is 4 feet, 9 inches tall or taller.

  • (e) Child under age of 16. -- Subject to subsection (d) of this section, a person may not transport a child under the age of 16 years unless the child is secured in:

    • (1) A child safety seat in accordance with the child safety seat and vehicle manufacturers' instructions; or

    • (2) A seat belt.

  • (f) Medical exception. -- Notwithstanding subsection (d) of this section, if a physician, who is licensed to practice medicine in the state in which the vehicle transporting the child is registered, certifies in writing that use of a child safety seat by a particular child would be impractical due to the child's weight, height, physical unfitness, or other medical reason, there is not a violation of this section.

  • (g) Individual use. -- A child safety seat or seat belt may not be used to restrain, seat, or position more than one individual at a time.

  • (h) Effect of violations. -- A violation of this section is not contributory negligence and may not be admitted as evidence in the trial of any civil action.

  • (i) Moving violation. -- A violation of this section is not considered a moving violation for purposes of § 16-402 of this article.

  • (j) Separate violation. -- The failure to provide a child safety seat or seat belt for more than one child in the same vehicle at the same time, as required by this section, shall be treated as a single violation.

  • (k) Fine; waiver. --

    • (1) Any person convicted of a violation of this section is subject to a fine of $ 50.

    • (2) A judge may waive the fine if the person charged with violation of this section:

      • (i) Did not possess a child safety seat at the time of the violation;

      • (ii) Acquires a child safety seat prior to the hearing date; and

      • (iii) Provides proof of acquisition to the court.

  • (l) Implementation; compliance. -- The Department of Transportation and the Maryland Department of Health shall jointly implement the Child Safety Seat Program and foster compliance with this section through educational and promotional efforts.

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