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PARRIS N. GLENDENING, Governor
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Ch. 339
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(1) A child safety seat in accordance with the child safety seat and
vehicle manufacturers' instructions; or
(2) A seat belt.
(f) If a physician, who is licensed to practice medicine in the state in which the
vehicle transporting the child is registered, 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 or seat belt 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]
SUITABLE FOR SECURING A CHILD EITHER IN A SEAT BELT OR IN A CHILD SAFETY
SEAT IN ACCORDANCE WITH 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 or seat belt 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.
(1) (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.
(m) The Department of Transportation and the Department of Health and
Mental Hygiene shall jointly implement the Child Safety Seat Program and foster
compliance with this section through educational and promotional efforts.
SECTION 2. AND BE IT FURTHER ENACTED, That § 22-412.2(d-1) of the
Transportation Article, as enacted by this Act, shall remain effective for a period of 2
years and, at the end of September 30, 2005, with no further action required by the
General Assembly, shall be abrogated and of no further force and effect.
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SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2003.
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Approved May 6, 2002.
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- 2869 -
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