§ 4581. Restraint systems.

(a) Occupant protection.--

(1) Any person who is operating a passenger car, Class I truck, Class II truck, classic

motor vehicle, antique motor vehicle or motor home and who transports a child under four years

of age anywhere in the motor vehicle, including the cargo area, shall fasten such child securely in

a child passenger restraint system, as defined in subsection (d). This subsection shall apply to all

persons while they are operators of motor vehicles where a seating position is available which is

equipped with a seat safety belt or other means to secure the systems or where the seating

position was originally equipped with seat safety belts.

(1.1) Any person who is operating a passenger car, Class I truck, Class II truck,

classic motor vehicle, antique motor vehicle or motor home and who transports a child four years

of age or older but under eight years of age anywhere in the motor vehicle, including the cargo

area, shall fasten such child securely in a fastened safety seat belt system and in an appropriately

fitting child booster seat, as defined in subsection (d). This paragraph shall apply to all persons

while they are operators of motor vehicles where a seating position is available which is

equipped with a seat safety belt or other means to secure the systems or where the seating

position was originally equipped with seat safety belts. A conviction under this paragraph by

State or local law enforcement agencies shall occur only as a secondary action when a driver of a

motor vehicle has been convicted of violating any other provision of this title.

(2) Except for children under eight years of age and except as provided in

paragraphs (1) and (1.1), each driver and front seat occupant of a passenger car, Class I truck,

Class II truck or motor home operated in this Commonwealth shall wear a properly adjusted and

fastened safety seat belt system. A conviction under this paragraph by State or local law

enforcement agencies shall occur only as a secondary action when a driver of a motor vehicle has

been convicted of any other provision of this title. The driver of a passenger automobile shall

secure or cause to be secured in a properly adjusted and fastened safety seat belt system any

occupant who is eight years of age or older and less than 18 years of age. This paragraph shall

not apply to:

(i) A driver or front seat occupant of any vehicle manufactured

before July 1, 1966.

(ii) A driver or front seat occupant who possesses a written

verification from a physician that he is unable to wear a safety seat belt system for

physical or medical reasons, or from a psychiatrist or other specialist qualified to make an

informed judgment that he is unable to wear a safety seat belt system for psychological

reasons.

(iii) A rural letter carrier while operating any motor vehicle during

the performance of his duties as a United States postal service rural letter carrier only

between the first and last delivery points.

(iv) A driver who makes frequent stops and is traveling less than 15

miles per hour for the purpose of delivering goods or services while in the performance of

his duties and only between the first and last delivery points.

A violation of this paragraph shall not be subject to the assessment of any points under

section 1535 (relating to schedule of convictions and points).

(3) A driver who is under 18 years of age may not operate a motor vehicle in which

the number of passengers exceeds the number of available safety seat belts in the vehicle.

(b) Offense.--Anyone who fails to comply with the provisions of subsection (a)(1) or (1.1)

shall be guilty of a summary offense with a maximum fine of $100. The court imposing and collecting

any such fines shall transfer the fines thus collected to the State Treasurer for deposit in the Child

Passenger Restraint Fund, pursuant to section 4582 (relating to Child Passenger Restraint Fund).

Anyone who violates subsection (a)(2) or (3) commits a summary offense and shall, upon conviction,

be sentenced to pay a fine of $10. No person shall be convicted of a violation of subsection (a)(2)

unless the person is also convicted of another violation of this title which occurred at the same time.

No costs as described in 42 Pa.C.S. § 1725.1 (relating to costs) shall be imposed for summary

conviction of subsection (a)(2) or (3). Conviction under this subsection shall not constitute a moving

violation.

(c) Waiver of fine.--If a person receives a citation issued by the proper authority for violation

of subsection (a)(1) or (1.1), a district justice, magistrate or judge shall dismiss the charges if the

person prior to or at his hearing displays evidence of acquisition of a child passenger restraint system

or child booster seat to such district justice, magistrate or judge. Sufficient evidence shall include a

receipt mailed to the appropriate court officer which evidences purchase, rental, transferal from

another child seat owner (evidenced by notarized letter) or bailment from a bona fide loaner program

of a child passenger restraint system or child booster seat.

(d) Standards.--

(1) A child passenger restraint system shall be used as designated by the

manufacturer of the system in motor vehicles equipped with seat safety belts and shall meet the

Federal Motor Vehicle Safety Standard (49 C.F.R. § 571.213).

(2) A child booster seat shall be used as designated by the manufacturer of the

system in motor vehicles equipped with seat safety belts and shall meet the Federal Motor

Vehicle Safety Standard (49 CFR § 571.213) that is designed to elevate a child to properly sit in

a federally approved safety seat belt system.

(e) Civil actions.--In no event shall a violation or alleged violation of this subchapter be used

as evidence in a trial of any civil action; nor shall any jury in a civil action be instructed that any

conduct did constitute or could be interpreted by them to constitute a violation of this subchapter; nor

shall failure to use a child passenger restraint system, child booster seat or safety seat belt system be

considered as contributory negligence nor shall failure to use such a system be admissible as evidence

in the trial of any civil action; nor shall this subchapter impose any legal obligation upon or impute

any civil liability whatsoever to an owner, employer, manufacturer, dealer or person engaged in the

business of renting or leasing vehicles to the public to equip a vehicle with a child passenger restraint

system or child booster seat or to have such child passenger restraint system or child booster seat

available whenever their vehicle may be used to transport a child.

(f) Criminal proceedings.--The requirements of this subchapter or evidence of a violation of

this subchapter are not admissible as evidence in a criminal proceeding except in a proceeding for a

violation of this subchapter. No criminal proceeding for the crime of homicide by vehicle shall be

brought on the basis of noncompliance with this subchapter.

(g) Exemptions.--Exemptions will be allowed if it is determined, according to the rules and

regulations of the department, that the use of a child passenger restraint system or child booster seat

would be impractical for physical reasons including, but not limited to, medical reasons or size of the

child.

(h) Insurance.--An insurer may not charge an insured who has been convicted of a violation

of this section a higher premium for a policy of insurance in whole or in part by reason of that

conviction.