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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 2742 By: Ford
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2011, Section 11-1112, as last amended by Section 2,
Chapter 376, O.S.L. 2017 (47 O.S. Supp. 2020 , Section
11-1112), which relates to child passenger restraint
systems; modifying age requirements for use of
certain restraint systems; defining term; and
providing an effective date.
BE IT ENACTED BY THE PE OPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 11 -1112, as
last amended by Section 2, Chapter 376, O.S.L. 2017 (47 O.S. Supp.
2020, Section 11-1112), is amended to read as follows:
Section 11-1112. A. Every driver, when transporting a child
under eight (8) seventeen (17) years of age or younger in a motor
vehicle operated on the roadways, streets, or highways of this
state, shall provide for the protection of said child by properly
using a child passen ger restraint system or seat belt as follows:
1. A child under four (4) years of age shall be properly
secured in a child passenger restraint system. Except as provided
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in subsection G F of this section, the child passenger restraint
system shall be rear -facing until the child reaches two (2) years of
age or until the child reaches the weight or height limit of the
rear-facing child passenger restraint system as allowed by the
manufacturer of the child passenger restraint system, whichever
occurs first; and
2. A child at least four (4) years of age but younger than
eight (8) years of age , if not taller than 4 feet 9 inches in
height, shall be properly secured in either a child passenger
restraint system or child booster seat ; and
3. A child who is betwee n eight (8) and twelve (12) years of
age shall be properly secured in a child passenger restraint system,
belt-positioning booster seat or seat belt. A child who is at least
four (4) feet nine (9) inches in height or is thirteen (13) years of
age or older shall be properly secured in a seat belt .
For purposes of this section and Section 11 -1113 of this title,
"child passenger restraint system" means an infant or child
passenger restraint system which meets the federal standards as set
by 49 C.F.R., Section 571.213 and "seat belt" means a seat belt that
meets the federal standards as set by 49 C.F.R., Section 571.207 -
210.
B. If a child is eight (8) years of age or is taller than 4
feet 9 inches in height, a seat belt properly secured to the vehicle
shall be sufficient to meet the requirements of this section.
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C. The provisions of this section shall not apply to:
1. The driver of a school bus, taxicab, moped, motorcycle, or
other motor vehicle not required to be equipped with safety belts
pursuant to state or federal laws;
2. The driver of an ambulance or emergency vehicle;
3. The driver of a vehicle in which all of the seat belts are
in use;
4. The transportation of children who for medical reasons are
unable to be placed in such devices, provided ther e is written
documentation from a physician of such medical reason; or
5. The transportation of a child who weighs more than forty
(40) pounds and who is being transported in the back seat of a
vehicle while wearing only a lap safety belt when the back se at of
the vehicle is not equipped with combination lap and shoulder safety
belts, or when the combination lap and shoulder safety belts in the
back seat are being used by other children who weigh more than forty
(40) pounds. Provided, however, for purpose s of this paragraph,
back seat shall include all seats located behind the front seat of a
vehicle operated by a licensed child care facility or church.
Provided further, there shall be a rebuttable presumption that a
child has met the weight requirements of this paragraph if at the
request of any law enforcement officer, the licensed child care
facility or church provides the officer with a written statement
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verified by the parent or legal guardian that the child weighs more
than forty (40) pounds.
D. C. A violation of the provisions of this section shall be
admissible as evidence in any civil action or proceeding for damages
unless the plaintiff in such action or proceeding is a child under
sixteen (16) years of age.
In any action brought by or on behalf of an infant for personal
injuries or wrongful death sustained in a motor vehicle collision,
the failure of any person to have the infant properly restrained in
accordance with the provisions of this section shall not be used in
aggravation or mitigation o f damages.
E. D. A person who is certified as a Child Passenger Safety
Technician and who in good faith provides inspection, adjustment, or
educational services regarding child passenger restraint systems
shall not be liable for civil damages resulting fr om any act or
omission in providing such services, other than acts or omissions
constituting gross negligence or willful or wanton misconduct.
F. E. Any person convicted of violating subsection A of this
section shall be punished by a fine of Fifty Dollar s ($50.00) and
shall pay all court costs thereof. Revenue from such fine shall be
apportioned to the Department of Public Safety Restricted Revolving
Fund and used by the Oklahoma Highway Safety Office to promote the
use of child passenger restraint syste ms as provided in Section 11 -
1113 of this title. This fine shall be suspended and the court
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costs limited to a maximum of Fifteen Dollars ($15.00) in the case
of the first offense upon proof of purchase or acquisition by loan
of a child passenger restrain t system. Provided, the Department of
Public Safety shall not assess points to the driving record of any
person convicted of a violation of this section.
G. F. A driver of a vehicle who has been rightfully issued a
detachable placard indicating physical disability under the
provisions of Section 15 -112 of this title or a physically disabled
license plate under the provisions of Section 1135.1 or 1135.2 of
this title and valid letter of forward -facing exemption issued from
the Department of Public Safety s hall be permitted to transport a
child passenger under four (4) years of age in a forward -facing
child passenger restraint system. The placard and forward -facing
exemption letter must be present in the vehicle to be in compliance
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/23/2021 -
DO PASS.