265:107-a Child Passenger Restraints Required

Last revised 1983 § Leave a Comment

I. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless such person is wearing a seat or safety belt which is properly adjusted and fastened. Except as provided in paragraph II, no person shall drive a motor vehicle on any way while carrying as a passenger a person less than 18 years of age unless the motor vehicle was designed for and equipped with child passenger restraints in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213.

I-a. No person who is less than 18 years of age shall drive a motor vehicle on any way unless such person is wearing a seat or safety belt which is properly adjusted and fastened.

I-b. No person shall drive a motor vehicle on any way while carrying as a passenger a person less than 6 years of age unless such passenger is properly fastened and secured by a child restraint system which is in accordance with the safety standards approved by the United States Department of Transportation in 49 C.F.R. section 571.213. If the passenger is 55 inches or more in height, the provisions of this paragraph shall not apply.

II. A person shall not be guilty of a violation of this section if the motor vehicle the person is driving is regularly used to transport passengers for hire, is a school bus weighing more than 10,000 pounds or is a school bus weighing less than 10,000 pounds that was manufactured without safety belts, or there is an individualized education program statement contraindicating the use of restraints, is a vehicle manufactured before 1968, is a motorcycle as defined in RSA 259:63 , is an antique motor car or motorcycle as defined in RSA 259:4, or is being operated in a parade authorized by law or ordinance, provided that the parade vehicle is travelling at a speed of no more than 10 miles per hour.

III. Any driver who violates the provisions of this section shall be guilty of a violation, and shall be subject to the following fines:

  • (a) $50 for a first offense.
  • (b) $100 for a second or subsequent offense.

IV. A violation of this section shall not be used as evidence of contributory negligence in any civil action.

V. A conviction for violating the provisions of this section shall not preclude prosecution of any other offense for which violation of this section might constitute an element.

VI. [Repealed.]

Revisions

1983, 45:1. 1987, 240:1. 1989, 302:1. 1993, 21:1. 1995, 6:1. 1997, 244:1-4. 1999, 227:1. 2000, 19:1. 2003, 55:1, eff. Jan. 1, 2004. 2005, 177:24, eff. July 1, 2005. 2006, 142:1, 2, eff. Jan. 1, 2007; 259:25, eff. one day after passage of state operating budget for biennium ending June 30, 2009. 2007, 263:66, eff. June 29, 2007. 2008, 274:32, eff. July 1, 2008.

Area of Law

Source

http://www.gencourt.state.nh.us/rsa/html/XXI/265/265-107-a.htm

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