Ch. 23                                          LAWS OF MARYLAND

(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, 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, 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, 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.

(j) A violation of this section is not considered a moving
violation for purposes of § 16-402 of this article.

(k) The failure to provide a child safety seat, seat belt,
or combination seat belt-shoulder harness for more than 1 child
in the same vehicle at the same time, as required by this
section, shall be treated as a single violation.

(l) (1) Any person convicted of a violation of this section
is subject to a fine of $25.

(2) A judge may waive the fine if the person charged
with violation of this section:

(i) Did not possess a child safety seat at the
time of the violation;

(ii) Acquires a child safety seat prior to the
hearing date; and

(iii) Provides proof of acquisition to the
court.

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