307.179. Definitions--transporting children under sixteen years of age, restraint systems--penalty--exceptions--program of public information. - Missouri Statutes

Definitions--transporting children under sixteen years of age,restraint systems--penalty--exceptions--program of publicinformation.

307.179. 1. As used in this section, the following terms shall mean:

(1) "Child booster seat", a seating system which meets the FederalMotor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended,that is designed to elevate a child to properly sit in a federally approvedsafety belt system;

(2) "Child passenger restraint system", a seating system which meetsthe Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213,as amended, and which is either permanently affixed to a motor vehicle oris affixed to such vehicle by a safety belt or a universal attachmentsystem;

(3) "Driver", a person who is in actual physical control of a motorvehicle.

2. Every driver transporting a child under the age of sixteen yearsshall be responsible, when transporting such child in a motor vehicleoperated by that driver on the streets or highways of this state, forproviding for the protection of such child as follows:

(1) Children less than four years of age, regardless of weight, shallbe secured in a child passenger restraint system appropriate for thatchild;

(2) Children weighing less than forty pounds, regardless of age,shall be secured in a child passenger restraint system appropriate for thatchild;

(3) Children at least four years of age but less than eight years ofage, who also weigh at least forty pounds but less than eighty pounds, andwho are also less than four feet, nine inches tall, shall be secured in achild passenger restraint system or booster seat appropriate for thatchild;

(4) Children at least eighty pounds or children more than four feet,nine inches in height shall be secured by a vehicle safety belt or boosterseat appropriate for that child;

(5) A child who otherwise would be required to be secured in abooster seat may be transported in the back seat of a motor vehicle whilewearing only a lap belt if the back seat of the motor vehicle is notequipped with a combination lap and shoulder belt for booster seatinstallation;

(6) When transporting children in the immediate family when there aremore children than there are seating positions in the enclosed area of amotor vehicle, the children who are not able to be restrained by a childsafety restraint device appropriate for the child shall sit in the areabehind the front seat of the motor vehicle unless the motor vehicle isdesigned only for a front seat area. The driver transporting childrenreferred to in this subsection is not in violation of this section.

This subsection shall only apply to the use of a child passenger restraintsystem or vehicle safety belt for children less than sixteen years of agebeing transported in a motor vehicle.

3. Any driver who violates subdivision (1), (2), or (3) of subsection2 of this section is guilty of an infraction and, upon conviction, may bepunished by a fine of not more than fifty dollars and court costs. Anydriver who violates subdivision (4) of subsection 2 of this section shallbe subject to the penalty in subsection 5 of section 307.178. If a driverreceives a citation for violating subdivision (1), (2), or (3) ofsubsection 2 of this section, the charges shall be dismissed or withdrawnif the driver prior to or at his or her hearing provides evidence ofacquisition of a child passenger restraint system or child booster seatwhich is satisfactory to the court or the party responsible for prosecutingthe driver's citation.

4. The provisions of this section shall not apply to any publiccarrier for hire. The provisions of this section shall not apply tostudents four years of age or older who are passengers on a school busdesigned for carrying eleven passengers or more and which is manufacturedor equipped pursuant to Missouri Minimum Standards for School Buses asschool buses are defined in section 301.010, RSMo.

5. The highways and transportation commission shall initiate anddevelop a program of public information to develop understanding of, andensure compliance with, the provisions of this section.

(L. 2006 S.B. 872, et al. § 307.182)