§ 24-22. Child passenger safety responsibility.

(a)

Definitions. As used in this section, unless specified otherwise:

Passenger motor vehicle means any motor vehicle with a manufacturer's gross vehicle weight rating of 10,000 pounds or less, that is not used as a public livery conveyance for passengers. The term "passenger motor vehicle" does not apply to motor vehicles which are not required by federal law to be equipped with safety belts.

(b)

Transportation in a conventional child passenger restraint system.

(1)

Any person transporting any child under one year of age, or any child, weighing 20 pounds or less, in a motor vehicle upon a road, street or highway of the unincorporated areas of the county, is responsible for the protection of the child and properly using a child passenger restraint system in a rear-facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions. Children shall be kept rear facing until they are one year old. If they are over one year old and still weigh less than 20 pounds, they shall remain rear facing until they weigh more than 20 pounds.

(2)

Any person transporting any child, one through three years of age weighing greater than 20 pounds, in a motor vehicle upon a road, street or highway of the unincorporated areas of the county, is responsible for the protection of the child and properly using a child passenger restraint system in a forward-facing position, meeting federal motor vehicle safety standards in the rear seat if available or according to the child safety restraint system or vehicle manufacturer's instructions.

(3)

Any person transporting any child, four through eight years of age and measuring less than four feet, nine inches in height, in a passenger motor vehicle upon a road, street or highway of the unincorporated areas of the county, is responsible for the protection of the child and properly using a belt positioning booster seat system, meeting federal motor vehicle safety standards in the rear seat, if available, according to the child safety restraint system or vehicle manufacturer's instructions.

(c)

Rental agencies to make approved restraints available. All passenger vehicle rental agencies doing business in the unincorporated areas of the county shall make available at a reasonable rate to those renting such vehicles an approved restraint as described by state law.

(d)

Transportation in a specially modified professionally manufactured restraint system.

(1)

If a child is not capable of being safely transported in a conventional child passenger restraint as provided for in subsection (b) of this section, a specially modified professionally manufactured restraint system meeting the intent of said subsection shall be in use; provided, however that the provisions of this subsection shall not be satisfied by use of the vehicle's standard lap or shoulder safety belts independent of any other child passenger restraint system. A motor vehicle operator who is transporting a child in a specially modified, professionally manufactured child passenger restraint system shall possess a copy of the physician's signed prescription that authorizes the professional manufacture of the specially modified child passenger system.

(2)

A person shall not be charged with a violation of this subsection if such person presents a copy of the physician's prescription in compliance with the provisions of this subsection to the arresting officer at the time of the alleged violation.

(3)

A person charged with a violation of this section may, on or before the court date, submit a copy of the physician's prescription and evidence of the possession of a specially modified, professionally manufactured child passenger restraint system to the court. If the court is satisfied that compliance was in effect at the time of the violation, the charge for violating the provisions of this section may be dismissed.

(e)

Transportation of child nine through 12 years of age.

(1)

Any person transporting any child, nine through 12 years of age, or any child through 12 years of age measuring four feet, nine inches or more in height, in a passenger motor vehicle upon a road, street or highway of the unincorporated areas of the county, is responsible for the protection of the child, and properly using a seat belt system meeting federal motor vehicle safety standards. It is recommended that any such child be placed in the rear seat if available.

(2)

Any person transporting any child 13 through 15 years of age, in a passenger motor vehicle upon a road, street or highway of the unincorporated areas of the county, is responsible for the protection of the child and properly using a passenger restraint system, including safety belts, meeting federal motor vehicle safety standards.

(3)

If the driver is neither a parent nor legal guardian of the child and the child's parent or legal guardian is present in the vehicle, the parent or legal guardian is responsible for ensuring that the provisions of this subsection (e) are complied with. If no parent or legal guardian is present at the time of the violation, the driver is solely responsible for compliance with this subsection.

(f)

Limitation on number of citations issued. No more than one citation may be issued for violation of subsection (e) of this section.

(g)

Application. This section shall not apply to local, state or federal law enforcement officers who are engaged in the performance of their official duties.

(Code 1992, § 20-22; Ord. No. 90, § 1, 8-5-1991; Ord. No. 340, exh. A, 8-27-2007)

State law reference

Safety belts, T.C.A. § 55-9-601 et seq.