2006 Code of Virginia § 46.2-1098 - Penalties; violations not negligence per se

46.2-1098. Penalties; violations not negligence per se.

Any person, including those subject to jurisdiction of a juvenile anddomestic relations district court, found guilty of violating this articleshall be subject to a civil penalty of fifty dollars, which shall not besuspended in whole or in part, for a violation of 46.2-1095, or, ifapplicable, a civil penalty of twenty dollars for failure to carry astatement as required by 46.2-1096. Notwithstanding the foregoingprovisions of 46.2-1095, the court may waive or suspend the imposition ofthe penalty for a violation of 46.2-1095 if it finds that the failure ofthe defendant to comply with the section was due to his financial inabilityto acquire a child restraint system. All civil penalties collected pursuantto this section shall be paid into the Child Restraint Device Special Fund asprovided for in 46.2-1097.

No assignment of demerit points shall be made under Article 19 ( 46.2-489 etseq.) of Chapter 3 of this title and no court costs shall be assessed forviolation of 46.2-1095.

Violations of this article shall not constitute negligence per se; nor shallviolation of this article constitute a defense to any claim for personalinjuries to a child or recovery of medical expenses for injuries sustained inany motor vehicle accident.

(1982, c. 634, 46.1-314.5; 1989, c. 727; 1992, cc. 119, 405; 2002, c. 358.)