§ 20-137.1. Child restraint systems required. - North Carolina Statutes

§ 20‑137.1.  Childrestraint systems required.

(a)        Every driver who istransporting one or more passengers of less than 16 years of age shall have allsuch passengers properly secured in a child passenger restraint system or seatbelt which meets federal standards applicable at the time of its manufacture.

(a1)      A child less thaneight years of age and less than 80 pounds in weight shall be properly securedin a weight‑appropriate child passenger restraint system. In vehiclesequipped with an active passenger‑side front air bag, if the vehicle hasa rear seat, a child less than five years of age and less than 40 pounds inweight shall be properly secured in a rear seat, unless the child restraintsystem is designed for use with air bags. If no seating position equipped witha lap and shoulder belt to properly secure the weight‑appropriate childpassenger restraint system is available, a child less than eight years of ageand between 40 and 80 pounds may be restrained by a properly fitted lap beltonly.

(b)        The provisions ofthis section shall not apply: (i) to ambulances or other emergency vehicles;(ii) if all seating positions equipped with child passenger restraint systemsor seat belts are occupied; or (iii) to vehicles which are not required byfederal law or regulation to be equipped with seat belts.

(c)        Any driver foundresponsible for a violation of this section may be punished by a penalty not toexceed twenty‑five dollars ($25.00), even when more than one child lessthan 16 years of age was not properly secured in a restraint system. No drivercharged under this section for failure to have a child under eight years of ageproperly secured in a restraint system shall be convicted if he produces at thetime of his trial proof satisfactory to the court that he has subsequentlyacquired an approved child passenger restraint system for a vehicle in whichthe child is normally transported.

(d)        A violation of thissection shall have all of the following consequences:

(1)        Two drivers licensepoints shall be assessed pursuant to G.S. 20‑16.

(2)        No insurance pointsshall be assessed.

(3)        The violation shallnot constitute negligence per se or contributory negligence per se.

(4)        The violation shallnot be evidence of negligence or contributory negligence. (1981, c. 804, ss. 1, 4, 5;1985, c. 218; 1993 (Reg. Sess., 1994), c. 748, s. 1; 1999‑183, ss. 6, 7;2000‑117, s. 1; 2004‑191, ss. 1, 2; 2007‑6, s. 1.)