(a) A person who operates a motor vehicle in which there is a child less than eight (8) years of age who is not properly fastened and restrained according to the child restraint system manufacturer's instructions by a child restraint system commits a Class D infraction. A person may not be found to have violated this subsection if the person carries a certificate from a physician, physician's assistant, or advanced practice registered nurse stating that it would be impractical to require that a child be fastened and restrained by a child restraint system because of:(1) a physical condition, including physical deformity; or(2) a medical condition;of the child and presents the certificate to the police officer or the court.(b) Notwithstanding IC 34-28-5-5(c), funds collected as judgments for violations under this section shall be deposited in the child restraint system account established by section 9 of this chapter.[Pre-1991 Recodification Citation: 9-8-13-2.]As added by P.L.2-1991, SEC.7. Amended by P.L.57-1998, SEC.4; P.L.116-1998, SEC.4; P.L.67-2004, SEC.4; P.L.2-2005, SEC.33; P.L.146-2009, SEC.3; P.L.129-2018, SEC.2.
Indiana Legal Code