CHAPTER 251

FORMERLY

HOUSE BILL NO. 154

AS AMENDED BY HOUSE AMENDMENTS NOS. 1, 3, 4 AND 6

AN ACT TO AMEND CHAPTER 41, TITLE 21 OF THE DELAWARE CODE RELATING TO THE RULES OF THE ROAD AND THE USE OF CHILD RESTRAINT SYSTEMS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 41, Title 21, Delaware Code, by adding a new §4199C which shall reed as follows:

"§4199C. Child Restraint in Motor Vehicles

(a) Every parent or legal guardian of a child under the age of four (4) years who resides in this state shall be responsible, when transporting his child in a motor vehicle owned by that parent or guardian operated on the roadways, streets or highways of this state, for providing for the protection of his child by properly using a child passenger restraint system meeting federal motor vehicle safety standards.

(b) The court may, upon presentation of evidence that a violator of this section has purchased or obtained a child passenger restraint system subsequent to the violation, dismiss all charges pursuant to this section.

(c) A violation of this section shall be an offense punishable by a fine of no more than twenty-five dollars ($25) for each violation. The failure to provide a child restraint system for more than one child in the same vehicle at the same time, as required by this Section, shall not be treated as a separate offense.

(d) Failure to wear a child passenger restraint system shall not be considered as evidence of contributory negligence in any civil suit arising out of any motor vehicle accident in which a child under four is injured, nor shall failure to wear a child passenger restraint system be admissible as evidence in the trial of any civil action."

Approved June 2, 1982.