NRS
484.474
Child less than 6 years of age and weighing 60 pounds or less to be
secured in child restraint system while being transported in motor
vehicle; requirements for system; penalties; exceptions. [Effective
June 1, 2004.] 1. Except as otherwise provided in subsection 5, any
person who is transporting a child who is less
than 6 years of age and who weighs 60 pounds or less in a motor
vehicle operated in this state which is equipped to carry passengers
shall secure the child in a child restraint system
which:
(a) Has been approved by the United States Department of Transportation
in accordance with the Federal Motor Vehicle
Safety Standards set forth in 49 C.F.R. Part 571;
(b) Is appropriate for the size and weight
of the child; and
(c) Is installed within and attached safely
and securely to the motor vehicle:
(1) In accordance with the instructions for installation
and attachment provided by the manufacturer of the child restraint
system; or
(2) In another manner that is approved by the National
Highway Traffic Safety Administration.
2. A person who violates the provisions of subsection 1 shall
be:
(a) Required to complete a program of training
conducted by a person or agency approved by the Department of Public
Safety in the installation and use of child restraint systems;
and
(b) Except as otherwise provided in this paragraph,
punished by a fine of not less than $50 nor more than $500, or required
to perform not less than 8 hours nor more than 50 hours of community
service. The court may waive any amount of the fine in excess of
$50 or any amount of the community service in excess of 8 hours
if a person or agency approved by the Department of Public Safety
certifies that the violator has:
(1) Completed the program of training required by
paragraph (a); and
(2) Presented for inspection by the person or agency
an installed child restraint system that satisfies the provisions
of subsection 1.
The court shall make available a list of persons and
agencies approved by the Department of Public Safety to conduct
programs of training and perform inspections of child restraint
systems.
3. For the purposes of NRS 483.473, a violation of this section
is not a moving traffic violation.
4. A violation of this section may not be considered:
(a) Negligence in any civil action; or
(b) Negligence or reckless driving for the purposes of NRS 484.377.
5. This section does not apply:
(a) To a person who is transporting a child in a means of public
transportation, including a taxi, school bus or emergency vehicle.
(b) When a physician determines that the use of such a child restraint
system for the particular child would be impractical or dangerous
because of such factors as the child’s weight, physical unfitness
or medical condition. In this case, the person transporting the
child shall carry in the vehicle the signed statement of the physician
to that effect.
6. As used in this section, “child restraint
system” means any device that is designed for use in a motor
vehicle to restrain, seat or position children. The term includes,
without limitation:
(a) Booster seats and belt-positioning seats that
are designed to elevate or otherwise position a child so as to allow
the child to be secured with a safety belt;
(b) Integrated child seats; and
(c) Safety belts that are designed specifically to
be adjusted to accommodate children.
(Added to NRS by 1983, 1888; A 1985, 1170, 2293; 1995, 1528; 2003,
2079, effective June 1, 2004)
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NRS
484.641
1. It is unlawful to drive a passenger car manufactured after:
(a) January 1, 1968, on a highway unless it is equipped with at
least two lap-type safety belt assemblies for use in the front seating
positions. (b) January 1, 1970, on a highway, unless it is equipped
with a lap-type safety belt assembly for each permanent seating
position for passengers. This requirement does not apply to the
rear seats ofvehicles operated by a police department or sheriff’s
office.
(c) January 1, 1970, unless it is equipped with at least two shoulder-harness-type
safety belt assemblies for use in the front seating positions.
2. Any person driving , and any passenger who:
(a) Is 6 years of age or older ; or
(b) Weighs more than 60 pounds, regardless of
age, who rides in the front or back seat of any vehicle described
in subsection 1, having an unladen weight of less than 10,000
pounds, on any highway, road or street in this state shall wear
a safety belt if one is available for his seating position.
3. A citation must be issued to any driver or to any adult passenger
who fails to wear a safety belt as required by
subsection 2. If the passenger is a child who:
(a) Is 6 years of age or older but less than
18 yearsof age, regardless of weight; or
(b) Is less than 6 years of age but who weighs
more than 60 pounds, a citation must be issued to the driver
for his failure to require that child to wear the safety belt, but
if both the driver and that child are not wearing safety belts,
only one citation may be issued to the driver for both violations.
A citation may be issued pursuant to this subsection only if the
violation is discovered when the vehicle is halted or its driver
arrested for another alleged violation or offense. Any person who
violates the provisions of subsection 2 shall be punished by a fine
of not more than $25 or by a sentence to perform a certain number
of hours of community service.
4. A violation of subsection 2:
(a) Is not a moving traffic violation under NRS 483.473.
(b) May not be considered as negligence or as causation in any
civil action or as negligent or reckless driving under NRS 484.377.
(c) May not be considered as misuse or abuse of a product or as
causation in any action brought to recover damages for injury to
a person or property resulting from the manufacture, distribution,
sale or use of a product.
5. The Department shall exempt those types of motor vehicles or
seating positions from the requirements of subsection 1 when compliance
would be impractical.
6. The provisions of subsections 2 and 3 do not apply:
(a) To a driver or passenger who possesses a written statement
by a physician certifying that he is unable to wear a safety belt
for medical or physical reasons;
(b) If the vehicle is not required by federal law to be equipped
with safety belts;
(c) To an employee of the United States Postal Service while delivering
mail in the rural areas of this state;
(d) If the vehicle is stopping frequently, the speed of that vehicle
does not exceed 15 miles per hour between stops and the driver or
passenger is frequently leaving the vehicle or delivering property
from the vehicle; or
(e) To a passenger riding in a means of public transportation,
including a taxi, school bus or emergency vehicle.
7. It is unlawful for any person to distribute, have for sale,
offer for sale or sell any safety belt or shoulder harness assembly
for use in a motor vehicle unless it meets current minimum standards
and specifications of the United States Department of Transportation.
Sec. 3. This act becomes effective on June 1, 2004.
20 ~~~~~ 03
For full text visit -
http://www.leg.state.nv.us/NRS/NRS-484.html#NRS484Sec474
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