§ 72.70. Occupant restraining devices.

A.

For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1.

"Automobile." Any commercial tractor, passenger car, commercial car, or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States secretary of transportation pursuant to the National Traffic and Motor Vehicle Safety Act of 1966.

2.

"Commercial tractor," "passenger," and "commercial car" have the same meanings as in R.C. § 4501.01.

3.

"Occupant restraining device." A seat safety belt, shoulder belt, harness, or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum federal vehicle safety standards established by the United States Department of Transportation.

4.

"Passenger." Any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.

5.

"Vehicle" and "motor vehicle." As used in the definitions of the terms set forth in subsection (A)(2) of this section, "vehicle" and "motor vehicle" have the same meaning as in R.C. § 4501.01.

B.

Prohibited Acts. No person shall do any of the following:

1.

Operate an automobile on any street or highway unless he is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator's seat unless he is wearing all of the available elements of the device, as properly adjusted;

2.

Operate an automobile on any street or highway unless each passenger in the automobile who is subject to the requirement set forth in subsection (B)(3) of this section is wearing all of the available elements of a properly adjusted occupant restraining device;

3.

Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway unless he is wearing all of the available elements of a properly adjusted occupant restraining device.

4.

Operate a taxicab on any street or highway unless all factory-equipped occupant restraint services in the taxicab are maintained in usable form.

C.

Exceptions. Subsection (B)(3) of this section does not apply to a person who is required by §§ 72.55 through 72.62 to be secured in a child restraint device. Subsection (B)(1) of this section does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addressees. Subsections (B)(1) and (3) of this section do not apply to a person who has an affidavit signed by a physician licensed to practice in this state under R.C. Ch. 4731 or a chiropractor licensed to practice in this state under R.C. Ch. 4734 that states that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical.

D.

Officers Not Permitted to Stop Cars to Determine Violation. Notwithstanding any provisions of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (B) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for the violation or for causing the arrest of or commencing a prosecution of a person for the violation. No law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether the violation has been or is being committed.

E.

Use of Fines for Educational and Services Programs. All fines collected for violations of subsection (B) of this section shall be forwarded to the Treasurer of State for deposit in the seat belt education and emergency medical services fund.

F.

Penalty.

1.

Whoever violates subsection (B)(1) shall be fined twenty-five dollars.

2.

Whoever violates subsection (B)(3) shall be fined fifteen dollars.

3.

Whoever violates subsection (B)(4) is guilty of a minor misdemeanor on a first offense; on a second or subsequent offense, such person is guilty of a misdemeanor of the third degree. (R.C. § 4513.99)

(Ord. 24-1993)