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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3265 By: Brewer
AS INTRODUCED
An Act relating to motor vehicles; amending 47 O.S.
2021, Section 11-1112 and 12-417, which relate to
vehicle restraint systems; modi fying age requirements
for use of certain restraint sys tems; defining term;
modifying requirements; providing for admissibility
in certain proceedings; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021 , 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 roa dways, streets, or highways of this
state, shall provide for the protection of said child by properly
using a child passenger restraint system or seat belt as follows:
1. A child under four (4) years of age shall be pr operly
secured in a child passenger r estraint system. Except as provided
in subsection G F of this section, the child passenger restraint
system shall be rear -facing until the child reaches two (2) years of
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age or until the child reaches the weight or hei ght 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 passenge r
restraint system or child booster seat ; and
3. A child who is between eight (8) and twelve (12) years of
age shall be properly secured in a chil d passenger restraint system,
belt-positioning booster seat or seat belt. A child who is at least
4 feet 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., Se ction 571.207-
210.
B. If a child is eight (8) ye ars 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.
C. The provisions of this section shall not apply to:
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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 i n which all of the seat bel ts are
in use;
4. The transportation of children who for me dical reasons are
unable to be placed in such devices, provided there is written
documentation from a physician of such medical reason; or
5. The transportation of a ch ild who weighs more than fo rty
(40) pounds and who is being transported in the back sea t of a
vehicle while wearing only a lap safety belt when the back seat of
the vehicle is not equipped with combination lap and shoulder safety
belts, or when the combina tion lap and shoulder safet y belts in the
back seat are being used by other children wh o weigh more than forty
(40) pounds. Provided, however, for purposes of this paragraph,
back seat shall include all seats located behind the front seat of a
vehicle operated by a licensed child c are 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 offi cer with a written sta tement
verified by the parent or legal guardian that the child weighs more
than forty (40) pounds.
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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 und er
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 provisi ons of this section shall not be used in
aggravation or mitigation of damages.
E. D. A person who is certified as a Child Passenger Safety
Technician and who in good fa ith provides inspection, adjustme nt, or
educational services regarding child passenger restraint systems
shall not be liable for civil damages resulting from any act or
omission in providing such services, other than acts or omissions
constituting gross ne gligence or willful or wanton mis conduct.
F. E. Any person convicted of violating subs ection A of this
section shall be punished by a fine of Fifty Dollars ($50.00) and
shall pay all court costs thereof. Revenue from such fine shall be
apportioned to the Department of Public Safety Restric ted Revolving
Fund and used by the Oklahoma Highway Safety Office to promote the
use of child passenger restraint systems as provided in Section 11 -
1113 of this title. This fine shall be suspended and the court
costs limited to a maximum of Fifteen Dollar s ($15.00) in the case
of the first offense upon pr oof of purchase or acquisition by loan
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of a child passenger restraint 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 fo rward-facing exemption issued from
the Department of Public Safety shall be permitted to transport a
child passenger under four (4) years of age in a forward -facing
child passenger restraint system. The plac ard and forward-facing
exemption letter must be present in the vehicle to be in compliance.
SECTION 2. AMENDATORY 47 O.S. 2021, Section 12 -417, is
amended to read as follows:
Section 12-417. A. 1. Every operator and front seat passenger
of a Class A commercial motor vehicle, Class B commercial motor
vehicle, Class C commercia l motor vehicle or a passenger vehicle
operated in this state shall wear a properly adjusted and fastened
safety seat belt system, required to be installed in the mot or
vehicle when manufact ured pursuant to 49 C.F.R., Section 571.208.
2. Every passenger seventeen (17) years of age and younger in
the back seat of a passenger vehicle shall wear a properly adjusted
and fastened seat belt, unless otherwise prov ided for pursuant to
Section 11-1112 of this title. A violation of the provisions of
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this subsection shall be admissible as evidence in any civil action
or proceeding as provided in subsection C of Section 11-1112 of this
title.
3. For the purposes of this section, "passenger vehicle" shall
mean a Class D motor vehicle, but shall not include trucks, truck -
tractors, recreational vehicles, motorcycles, or motorized bicycles,
or a vehicle used primarily for farm use which is registered and
licensed pursuant to the prov isions of Section 11 34 of this title.
B. The Commissioner of Public Safety, upon application from a
person who, for medical reasons, is unable to wear a safety seat
belt system supported by written attestation of such fact from a
physician licensed pursua nt to Section 495 of Title 59 of the
Oklahoma Statutes, may issue to the person an exemption from the
provisions of this section. The exemption shall be in the form of a
restriction appearing on the driver license of the person and shall
remain in effect until the expiration date of the driver license.
Nothing in this subsection shall be construed to prevent the person
from applying for another exemption as provided for in thi s section.
The issuance of an attestation by a physician and the subsequent
issuance of an exemptio n by the Commissioner, in good faith, shall
not give rise to, nor shall the physician and the state thereby
incur, any liability whatsoever in damages or ot herwise, to any
person injured by reason of failure of the person to wear a safe ty
seat belt system.
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C. This section shall not apply to an operator of a motor
vehicle while performing official duties as a route carrier of the
U.S. Postal Service.
D. The Department of Public Safety shall not record or assess
points for violations of this section on any license holder's
traffic record maintained by the Department.
E. Fine and court costs for violating the provisions of this
section shall not exceed Twenty Dollars ($20.00).
F. Municipalities may enact and municipal police officers may
enforce ordinances prohibiting and penalizing conduct under
provisions of this section, but the provisions of those ordinances
shall be the same as provided for in this sectio n, and the
enforcement provisions under those ordinances shall not be more
stringent than those of t his section.
SECTION 3. This act shall become effective November 1, 2022.
58-2-9426 CMA 12/28/21