Child restraint device required—Conditions—Exceptions—Penalty because that violation—Dismissal—Noncompliance no negligence—Immunity.
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(1) at any time a child who is much less than sixteen years of age is gift transported in a motor car that is in operation and that is forced by RCW 46.37.510 to be equipped v a safety belt device in a passenger seating position, or is being transported in a ar electric vehicle or medium-speed electric car that is in operation, the driver of the automobile shall store the child appropriately restrained together follows:
(a) A son under the age of two years have to be correctly secured in a child restraint mechanism that is rear-facing until the boy reaches the weight or height limit that the kid restraint device as collection by the manufacturer. A child may continue to be effectively secured in a boy restraint device that is rear-facing till the son reaches the weight or elevation limit that the boy restraint mechanism as set by the manufacturer, together recommended by the American academy that pediatrics.
(b) A boy who is not properly secured in a rear-facing son restraint device in accordance through (a) the this subsection and who is under the age of 4 years have to be correctly secured in a son restraint mechanism that is forward-facing and also has a harness till the child reaches the load or height limit of the son restraint system as set by the manufacturer. A kid may continue to be properly secured in a boy restraint mechanism that is forward-facing and also has a harness until the child reaches the weight or height limit of the boy restraint mechanism as set by the manufacturer, as recommended through the American academy that pediatrics.
(c) A kid who is not properly secured in a boy restraint system in accordance with (a) or (b) that this subsection and who is under 4 feet ripe inches tall must be effectively secured in a son booster seat. A son may proceed to be correctly secured in a son booster seat till the vehicle lap and also shoulder chair belts right properly, typically when the son is in between the eras of eight and twelve years of age, together recommended by the American academy the pediatrics, or should be effectively secured through the engine vehicle"s safety belt properly readjusted and fastened about the child"s body.
(d) The child restraint mechanism used should comply with standards of the United says department the transportation and also must be secured in the automobile in accordance v instructions the the car manufacturer and also the kid restraint mechanism manufacturer.
(e) The child booster chair used should comply with requirements of the United says department of transportation and also must be secured in the automobile in accordance through instructions that the auto manufacturer and also the child booster seat manufacturer to place a child to sit correctly in a commonwealth smashville247.netroved safety seat belt system.
(f) The driver the a vehicle transporting a son who is under thirteen year old shall transfer the son in the back seat positions in the automobile where that is useful to execute so.
(2) Enforcement of subsection (1) that this section is subject to a intuitive inspection by regulation enforcement to determine if the child restraint system in use is smashville247.netropriate because that the child"s individual height, weight, and also age. The intuitive inspection for usage of a kid restraint system must ensure that the child restraint system is being offered in accordance with the instruction of the vehicle and also the kid restraint device manufacturers.
(3) A human violating subsection (1) the this section may be approve a an alert of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of salvation of one smashville247.netroved boy restraint system or a son booster seat, as smashville247.netropriate, within 7 days to the jurisdiction issuing the an alert and the person has actually not previously had actually a violation that this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.
(4) fail to comply v the demands of this ar shall no constitute negligence through a parent or smashville247.netal guardian. Failure to use a son restraint system shall no be admissible as proof of negligence in any kind of civil action.
(5) This ar does no smashville247.netly to: (a) for hire vehicles, (b) vehicles draft to carry sixteen or less passengers, consisting of the driver, operated by auto transport companies, as defined in RCW 81.68.010, (c) vehicles giving customer spaceship service between parking, convention, and hotel facilities, and also airport terminals, and also (d) college buses.
(a) "Child booster seat" is a form of son restraint system; a backless child restraint device or a belt positioning system is a kid booster seat noted it meets the commonwealth motor car safety standards set forth in 49 C.F.R. Sec. 571.213.
(b) "Child restraint system" method a kid passenger restraint mechanism that meets the federal motor automobile safety standards set forth in 49 C.F.R. Sec. 571.213.
(7) The needs of subsection (1)(c) that this section do not smashville247.netly in any seating position where over there is just a lap belt available.
(8)(a) other than as listed in (b) that this subsection, a human being who has a current national certification together a son passenger safety technician and also who in good faith provides inspection, adjustment, or educational services about child restraint solution is not liable for polite damages resulting from any type of act or omission in giving the services, other than plot or omissions constituting gross negligence or willful or wanton misconduct.
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(b) The immunity provided in this subsection does no smashville247.netly come a certified boy passenger safety and security technician who is to work by a retailer of son restraint systems and who, throughout his or her hrs of employment and also while being compensated, provides inspection, adjustment, or educational services regarding child restraint systems.
< 2019 c 59 § 1; 2007 c 510 § 4. Prior: 2005 c 415 § 1; 2005 c 132 § 1; 2003 c 353 § 5; 2000 c 190 § 2; 1994 c 100 § 1; 1993 c 274 § 1; 1987 c 330 § 745; 1983 c 215 § 2.>