§ 9.36.260. Use of safety belts and child safety devices.

A.

Except as provided below in section C., a person:

1.

Sixteen years of age or older shall not occupy a motor vehicle while it is being driven on a highway unless restrained by a safety belt; and

2.

Shall not drive a motor vehicle on a highway unless restrained by a safety belt.

B.

Except as provided below in section C., a driver shall not transport a child under the age of 16 in a motor vehicle unless the driver provides the required safety device and properly secures each child as follows:

1.

A child 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 seat that meets or exceeds standards of the U.S. Department of Transportation and is used in accordance with the manufacturer's instructions;

2.

A child one or more years of age, but less than five years of age, who weights 20 pounds or more, shall be properly secured in a child restraint device that meets or exceeds the standards of the U.S. Department of Transportation and is used in accordance with the manufacturer's instructions;

3.

A child 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 secured by a seat belt system or by another child passenger restraint system that meets or exceeds the standards of the U.S. Department of Transportation and is used in accordance with the manufacturer's instructions;

4.

A child over four years of age, who exceeds the height or weight requirements in section 3. above, shall be properly secured in a seat belt; and

5.

A child over eight years of age, but less than 16 years of age, who does not exceed the height and weight requirements in section 3 above, shall be properly secured in a child safety device approved for a child of that size by the U.S. Department of Transportation, or in a safety belt, whichever is appropriate for the particular child in the sole discretion of the driver.

C.

Sections A. and B. do not apply to:

1.

Passengers in a school bus, unless the school bus is required to be equipped with seat belts by the U.S. Department of Transportation, or passengers in an emergency vehicle.

2.

A vehicle operator operating in the course of employment delivering mail or newspapers from inside the vehicle to roadside mail or newspaper boxes.

3.

A person or class of persons exempt by regulation under AS 28.05.096.

4.

A person required to be restrained by safety belts under section A. or B., if the motor vehicle is not equipped with safety belts.

5.

Operators or passengers of motorcycles, motor-driven cycles, off-highway vehicles, electric personal mobility vehicles, snowmobiles, and similar vehicles not designed to be operated on a highway.

D.

A person shall not remove a safety belt from a vehicle solely to be exempted under section C.4.

E.

Notwithstanding any other provision of law, a peace officer shall not stop or detain a motor vehicle to determine compliance with section A., or issue a citation for a violation of section A., unless the peace officer has probable cause to stop or detain the motor vehicle.

F.

In a prosecution under section A., the prosecution shall prove the peace officer stopping or detaining the vehicle personally observed the violation of section A. before stopping or detaining the vehicle, or otherwise had probable cause to stop or detain the vehicle.

G.

All safety devices referred to in this section shall be worn in accordance with the manufacturer's specifications.

(AO No. 89-52; AO No. 94-68(S), § 29, 8-11-94; AO No. 2011-113(S), § 101, 11-22-11, eff. 12-22-11)