(a) Except as provided in (c) of this section a person |
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(1) 16 years of age or older may not occupy a motor vehicle while being driven unless restrained by a safety belt; and |
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(2) may not operate a motor vehicle unless restrained by a safety belt. |
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* Sec. 2. AS 28.05.095(b) is amended to read:
(b) Except as provided in (c) of this section, a driver may not transport a child
under the age of 16 in a motor vehicle unless the driver has provided the required
safety device and properly secured each child as described in this subsection. A [IF THE] child
(1) less than one year of age or a child one year of age or older who
weighs less than 20 pounds shall be properly secured in a rear-facing child safety
that meets or exceeds [IS LESS THAN FOUR YEARS OF AGE, THE CHILD
SHALL BE PROPERLY SECURED IN A CHILD SAFETY DEVICE MEETING
THE] standards of the United States Department of Transportation and is used in
accordance with the manufacturer's instructions;
(2) one or more years of age but less than five years of age who
weighs 20 pounds or more shall be properly secured in a child restraint device
that meets or exceeds the standards of the United States Department of
Transportation and is used in accordance with the manufacturer's instructions;
(3) over four years of age but less than eight years of age who is
less than 57 inches in height and weighs 20 or more pounds but less than 65
pounds shall be properly secured in a booster seat that is secured by a seat belt
system or by another child passenger restraint system that meets or exceeds the
standards of the United States Department of Transportation and is used in
accordance with the manufacturer's instructions;
(4) over four years of age who exceeds the height or weight
requirements in (3) of this subsection shall be properly secured in a seat belt;
(5) eight years of age [FOR A CHILD SAFETY DEVICE FOR
INFANTS. IF THE CHILD IS FOUR] but less than [NOT YET] 16 years of age who
does not exceed the height and weight requirements in (3) of this subsection [,
THE CHILD] shall be properly secured in a child safety device approved for a child of
that [AGE AND] size by the United States Department of Transportation or in a safety
belt, whichever is appropriate for the particular child as determined solely by the
driver. |
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| (c) Subsections (a) and (b) do not apply to |
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(1) passengers in a school bus, unless the school bus is required to be equipped with seat belts by the United States Department of Transportation, or an emergency vehicle; |
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(2) a vehicle operator acting in the course of employment delivering mail or newspapers from inside the vehicle to roadside mail or newspaper boxes; |
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(3) a person or class of persons exempted by regulation under AS 28.05.096; or |
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(4) a person required to be restrained by safety belts under (a) or (b) of this section if the motor vehicle is not equipped with safety belts. |
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| (d) A person may not remove a safety belt from a vehicle solely to be exempted under (c)(4) of this section. |
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| (e) Notwithstanding any other provision of law, a peace officer may not stop or detain a motor vehicle to determine compliance with (a) of this section, or issue a citation for a violation of (a) of this section, unless the peace officer has probable cause to stop or detain the motor vehicle. |
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(f) In a prosecution under (a) of this section, the prosecution must prove that the peace officer stopping or detaining the vehicle personally observed the violation of (a) of this section before stopping or detaining the vehicle or otherwise had probable cause to stop or detain the vehicle.
Sec. 28.05.096. Exemptions and alternative safety devices.
(a) The commissioner of public safety may adopt regulations to exempt a person or a class of persons from the requirements of AS 28.05.095 if the commissioner determines that the use of a safety belt or child safety device is impractical because of physical or medical conditions of the person or class of persons.
(b) The commissioner of public safety shall specify alternative means of protection for children exempted under this section.
Sec. 28.05.097. Child safety device loan program. [Repealed, E.O. No. 101, Sec. 5 (2000). For current law, see AS 19.05.043 ].
Repealed or Renumbered
Sec. 28.05.098. Sale of child safety devices.
A person may not sell, offer for sale, or install in any motor vehicle a child safety device that does not conform to all applicable federal standards for the device on the date of the sale, offering, or installation.
Sec. 28.05.099. Penalty.
(a) A person convicted of a violation of AS 28.05.095 (a) or (d) is guilty of an infraction and may be fined up to $15 or the court may waive the fine if the person convicted donates $15 to the emergency medical services entity providing services in the area in which the violation occurred.
(b) A person convicted of a violation of AS 28.05.095 (b) is guilty of an infraction, and may be fined up to $50. The person may also be assessed demerit points as determined by regulations of the department, notwithstanding the provisions of AS 28.15.231 (b). A person who violates AS 28.05.095 (b) by failing to provide a child safety device or safety belt may provide a peace officer, including a village safety officer, proof of purchase or acquisition, and installation, of an approved child safety device or safety belt. If the proof is provided within 30 days after the issuance of a citation for the infraction, the court shall dismiss the citation and no points shall be assessed under this subsection unless the person has
(1) been convicted previously for violating AS 28.05.095 by failing to provide a child safety device or safety belt;
(2) been cited for failure to provide a child safety device or safety belt and has forfeited the bail required by the citation; or
(3) provided proof under this subsection on a prior occasion. |
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