Section 1258 - Child restraint systems; individuals under 18 years of age(a) No individual shall operate a motor vehicle, other than a type I school bus, in this State upon a public highway unless every occupant under 18 years of age is properly restrained in a federally approved child restraint system as defined in 49 C.F.R. § 571.213, as may be amended, or a federally approved safety belt, as follows:(1) a child under two years of age shall be properly secured in a federally approved rear-facing child restraint system with a harness, as those terms are defined in 49 C.F.R. § 571.213, as may be amended;(2) a child under five years of age who is not properly secured in a federally approved rear-facing child restraint system in accordance with subdivision (1) of this subsection shall be properly secured in a forward-facing federally approved child restraint system with a harness until the child reaches the weight or height limit of the child restraint system as set by the manufacturer; (3) a child under eight years of age who is not properly secured in a federally approved child restraint system in accordance with subdivision (1) or (2) of this subsection shall be properly secured in a booster seat, as defined in 49 C.F.R. § 571.213, as may be amended;(4) a child under 18 years of age who is not properly secured in a federally approved child restraint system in accordance with subdivision (1), (2), or (3) of this subsection shall be restrained in a safety belt system ;(5) a child under 13 years of age shall always, if practical, ride in a rear seat of a motor vehicle; and(6) no child shall be secured in a rear-facing child restraint system in the front seat of a motor vehicle that is equipped with an active passenger-side airbag unless the airbag is deactivated.(b) An individual shall not be adjudicated in violation of this section if: (1) the motor vehicle is regularly used to transport passengers for hire, except a motor vehicle owned or operated by a child care facility;(2) the motor vehicle was manufactured without safety belts; or(3) the individual has been ordered by an enforcement officer, a firefighter, or an authorized civil authority to evacuate individuals from a stricken area.(c) The civil penalty for violation of this section shall be as follows:(1) $25.00 for a first violation;(2) $50.00 for a second violation; and(3) $100.00 for third and subsequent violations.Amended by 2024, No. 165,§ 24, eff. 7/1/2024.Amended by 2024, No. 85,§ 292, eff. 7/1/2024.Added 1983, No. 96 (Adj. Sess.), § 2; amended 1987, No. 49; 1989, No. 167 (Adj. Sess.); 1993, No. 20 , § 1; 1993, No. 119 (Adj. Sess.) , § 1; 2003, No. 28 , § 1, eff. 1/1/2004; 2005, No. 174 (Adj. Sess.), § 54; 2005, No. 175 (Adj. Sess.), § 61; 2009 , No. 150 (Adj. Sess.) , § 6, eff. 6/1/2010; 2015 , No. 47, § 28.