NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 804

HOUSE BILL 893

 

 

AN ACT TO REQUIRE PASSENGER RESTRAINT SYSTEMS FOR CHILDREN UNDER FOUR YEARS OF AGE.

 

The General Assembly of North Carolina enacts:

 

Section 1. Article 3 of General Statutes Chapter 20 is hereby amended by adding a new G.S. 20-137.1 thereto to read as follows:

"§ 20-137.1. Child restraint systems required. - Every driver required to have a North Carolina driver's license who is transporting his own child of less than two years of age, when the driver is operating his own motor vehicle (or a family purpose vehicle), shall have such child properly secured in a child passenger restraint system which is of a type (and which is installed in a manner) approved by the Commissioner of Motor Vehicles. Provided, however, this section shall not apply unless such child is occupying a seating position where seat safety belts are required by federal law or regulation. The requirements of this section may be met when the child is one year of age or older by securing the child in a seat safety belt.

The provisions of this section shall not apply: (1) to vehicles registered in another state or jurisdiction; (2) to ambulances or other emergency vehicles; (3) when the child's personal needs are being attended to; or (4) if all seating positions equipped with child passenger restraint systems or seat safety belts are occupied."

Sec. 2. During the effective dates of this act The University of North Carolina Highway Safety Research Center shall conduct a statewide study to determine the effectiveness of the child restraint system in preventing deaths and injuries.

Sec. 3. Nothing herein shall be construed to obligate the General Assembly to make any appropriations to implement the provisions of this act.

Sec. 4. Any person violating this act during the period from July 1, 1982, to June 30, 1984, shall be given a warning ticket only. Thereafter a fine of ten dollars ($10.00) will be levied against violators. No driver license points shall be assessed for a violation of G.S. 20-137.1.

Sec. 5. A violation of this act shall not constitute negligence per se or contributory negligence per se.

Sec. 6. This act shall become effective on July 1, 1982, and shall expire on June 30, 1985.

In the General Assembly read three times and ratified, this the 3rd day of July, 1981.