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Ch. 287
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1030
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LAWS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Transportation
22-412.2.
(A) (1) IN THIS SECTION, "CHILD SAFETY SEAT" MEANS A DEVICE
THAT IS MANUFACTURED IN ACCORDANCE WITH THE CURRENT 1981 FEDERAL
MOTOR VEHICLE SAFETY STANDARDS AND IS USED TO RESTRAIN, SEAT, OR
POSITION A CHILD WHO IS TRANSPORTED IN A MOTOR VEHICLE.
(2) "CHILD SAFETY SEAT" DOES NOT MEAN A SEAT BELT OR
COMBINATION SEAT BELT-SHOULDER HARNESS.
(B) A CHILD SAFETY SEAT MEETS THE REQUIREMENTS OF THIS
SECTION ONLY IF IT IS INSTALLED AND USED IN ACCORDANCE WITH THE
DIRECTIONS OF THE MANUFACTURER.
(C) THIS SECTION APPLIES ONLY TO THE TRANSPORTATION OF A
CHILD IN A CLASS A (PASSENGER) OR CLASS M (MULTIPURPOSE) VEHICLE
REGISTERED IN THIS STATE.
(D) ANY PERSON TRANSPORTING A CHILD UNDER THE AGE OF 3
SHALL POSITION AND SECURE THE CHILD IN A CHILD SAFETY SEAT.
(E) ANY PERSON TRANSPORTING A CHILD AT LEAST 3 YEARS OLD
BUT UNDER THE AGE OF 5 SHALL:
(1) POSITION AND SECURE THE CHILD IN A CHILD SAFETY
SEAT; OR
(2) SEAT AND SECURE THE CHILD IN A PROPERLY FASTENED
SEAT BELT OR COMBINATION SEAT BELT-SHOULDER HARNESS.
(F) IF A PHYSICIAN LICENSED TO PRACTICE MEDICINE IN THIS
STATE DETERMINES THROUGH ACCEPTED MEDICAL PROCEDURES AND SO
CERTIFIES IN WRITING, THAT USE OF A CHILD SAFETY SEAT BY A
PARTICULAR CHILD WOULD BE IMPRACTICAL DUE TO THE CHILD'S WEIGHT,
PHYSICAL UNFITNESS, OR OTHER MEDICAL REASON, THE CHILD IS EXEMPT
FROM THE PROVISIONS THERE IS NOT A VIOLATION OF THIS SECTION.
(G) A CHILD SAFETY SEAT, SEAT BELT OR COMBINATION SEAT
BELT-SHOULDER HARNESS MAY NOT BE USED TO RESTRAIN, SEAT, OR
POSITION MORE THAN 1 INDIVIDUAL AT A TIME.
(H) IF THE NUMBER OF CHILDREN SUBJECT TO THE PROVISIONS OF
THIS SECTION EXCEEDS THE NUMBER OF PASSENGER SECURING LOCATIONS
AVAILABLE FOR USE BY CHILDREN AFFECTED BY THIS SECTION, AND ALL
OF THOSE SECURING LOCATIONS ARE IN USE BY CHILDREN, THE DRIVER IS
EXEMPT FROM THE PROVISIONS THERE IS NOT A VIOLATION OF THIS
SECTION.
(I) A VIOLATION OF THIS SECTION IS NOT CONTRIBUTORY
NEGLIGENCE AND MAY NOT BE ADMITTED AS EVIDENCE IN THE TRIAL OF
ANY CIVIL ACTION.
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