Iowa
Code 2003
321.446 Child restraint
devices.
1. A child under three years of age who is
being transported in a motor vehicle subject to registration, except a
school bus or motorcycle, shall be secured during transit by a child
restraint system which meets federal motor
vehicle safety standards, and the system shall be used in accordance
with the manufacturer's instructions.
2. A
child at least three years of age but under six years of age who is
being transported in a motor vehicle subject to registration, except a
school bus or motorcycle, shall be secured during transit by either a
child restraint system that meets federal motor vehicle safety standards
and is used in accordance with the manufacturer's instructions, or by a
safety belt or safety harness of a type approved under section 321.445.
3. This section does not apply to peace
officers acting on official duty. This
section also does not apply to the transportation of children in 1965
model year or older vehicles, authorized emergency vehicles, buses, or
motor homes, except when a child is transported in a motor home's
passenger seat situated directly to the driver's right.
This section does not apply to the transportation of a child who
has been certified by a physician licensed under chapter 148, 150, or
150A as having a medical, physical, or mental condition that prevents or
makes inadvisable securing the child in a child restraint system, safety
belt, or safety harness.
4. The operator who violates subsection 1
or 2 is guilty of a misdemeanor and subject only to the penalty
provisions of section 805.8A, subsection 14, paragraph
"c".
5. A person who is first charged for a
violation of subsection 1 and who has not purchased or otherwise
acquired a child restraint system shall not be convicted if the person
produces in court, within a reasonable time, proof that the person has
purchased or otherwise acquired a child restraint system
which meets federal motor vehicle safety standards.
6. Failure to use a child restraint
system, safety belts, or safety harnesses as required by this section
does not constitute negligence nor is the failure admissible as evidence
in a civil action.
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