46.2-1098 - Penalties; violations not negligence per se. - Virginia Statutes

§ 46.2-1098. Penalties; violations not negligence per se.

Any person, including those subject to jurisdiction of a juvenile anddomestic relations district court, found guilty of violating this articleshall be subject to a civil penalty of $50, which shall not be suspended inwhole or in part, for a violation of § 46.2-1095; however, any person foundguilty of violating § 46.2-1095 a second or subsequent time when theviolations occurred on different dates shall be subject to a civil penalty ofup to $500. An additional civil penalty of $20 shall be imposed for failureto carry a statement as required by § 46.2-1096. Notwithstanding theforegoing provisions of § 46.2-1095, the court may waive or suspend theimposition of the penalty for a violation of § 46.2-1095 if it finds that thefailure of the defendant to comply with the section was due to his financialinability to acquire a child restraint system. All civil penalties collectedpursuant to this section shall be paid into the Child Restraint DeviceSpecial Fund as provided for in § 46.2-1097.

No assignment of demerit points shall be made under Article 19 (§ 46.2-489 etseq.) of Chapter 3 of this title and no court costs shall be assessed forviolation of § 46.2-1095.

Violations of this article shall not constitute negligence per se; nor shallviolation of this article constitute a defense to any claim for personalinjuries to a child or recovery of medical expenses for injuries sustained inany motor vehicle accident.

(1982, c. 634, § 46.1-314.5; 1989, c. 727; 1992, cc. 119, 405; 2002, c. 358;2008, c. 714.)