§291-11.6 Mandatory use of seat belts, when, penalty. (a) Except as otherwise provided by law, no person shall operate a motor vehicle upon any public highway unless the person is restrained by a seat belt assembly and all passengers in the front or back seat of the motor vehicle are restrained by a seat belt assembly or are restrained pursuant to section 291-11.5 if they are under ten years of age.
(b) The passengers of the following motor vehicles shall be exempt from the requirements of this section: emergency and mass transit vehicles. Further exemptions from this section may be established by rules adopted by the department of transportation pursuant to chapter 91.
(c) No person shall be guilty of violating this section if:
(d) This section shall not be deemed to change existing laws, rules, or procedures pertaining to a trial of a civil action for damages for personal injuries or death sustained in a motor vehicle accident.
(e) A person who fails to comply with the requirements of this section:
(1) Shall be subject to:
(f) As used in this section:
"Emergency vehicle" means an ambulance, a firefighting or rescue vehicle, or a police vehicle while on duty.
"Mass transit vehicle" means a bus, including a school bus (but excluding a charter or sightseeing service bus) with a gross vehicle weight rating that is over 10,000 pounds, whether publicly or privately owned, that provides service to the general public or provides special service on a regular or continuing basis.
"Restrained" means that the seat belt assembly is worn as it was designed and intended to be worn.
"Seat belt assembly" means the seat belt assembly that is required to be in the motor vehicle under any federal motor vehicle safety standard issued pursuant to Public Law 89-563, the National Traffic and Motor Vehicle Safety Act of 1966, as amended, unless original replacement seat belt assemblies are not readily available. If replacement assemblies are not readily available, seat belts of federally approved materials with similar protective characteristics may be used. Replacement seat belt assemblies shall be permanently marked by the belt manufacturer indicating compliance with all applicable federal standards. [L 1985, c 235, §1; am L 1986, c 40, §1 and c 238, §1; am L 1987, c 266, §1; am L 1988, c 223, §1; am L 1997, c 60, §5; am L 2000, c 294, §1; am L 2002, c 160, §6; am L 2006, c 175, §3; am L 2008, c 231, §5; am L 2009, c 151, §5; am L 2013, c 73, §1; am L 2014, c 45, §4; am L 2020, c 70, §39; am L 2022, c 122, §2]