Safety Belts Required as Equipment; Safety Restraints for Children

  1. Law
  2. Georgia Code
  3. Motor Vehicles and Traffic
  4. Equipment and Inspection of Motor Vehicles
  5. Equipment Generally
  6. Horns, Exhaust Systems, Mirrors, Windshields, Tires, Safety Belts, Energy Absorption Systems
  7. Safety Belts Required as Equipment; Safety Restraints for Children

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  1. No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.
    1. Every driver who transports a child under eight years of age in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the proper restraint of such child in a child passenger restraining system appropriate for such child's height and weight and approved by the United States Department of Transportation under provisions of Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983, or at the time of manufacture, subject to the following specific requirements and exceptions:
      1. Any such child weighing at least 40 pounds may be secured by a lap belt when:
        1. The vehicle is not equipped with both lap and shoulder belts; or
        2. Not including the driver's seat, the vehicle is equipped with one or more lap and shoulder belts that are all being used to properly restrain other children;
      2. Any such child shall be properly restrained in a rear seat of the motor vehicle consistent with the requirements of this paragraph. If the vehicle has no rear seating position appropriate for correctly restraining a child or all appropriate rear seating positions are occupied by other children, any such child may be properly restrained in a front seat consistent with the requirements of this paragraph;
      3. A driver shall not be deemed to be complying with the provisions of this paragraph unless any child passenger restraining system required by this paragraph is installed and being used in accordance with the manufacturer's directions for such system; and
      4. The provisions of this paragraph shall not apply when the child's parent or guardian either obtains a physician's written statement that a physical or medical condition of the child prevents placing or restraining him or her in the manner required by this paragraph. If the parent or guardian can show the child's height is over 4 feet and 9 inches, such child shall be restrained in a safety belt as required in Code Section 40-8-76.1.
    2. Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00, except in the case of a child who is six or seven years of age, if the defendant shows to the court having jurisdiction of the case that a child passenger restraining system meeting the applicable requirements of this subsection has been purchased by him or her after the time of the offense and prior to the court appearance, the court may waive or suspend the fine for such first conviction. This exception shall apply until January 1, 2012. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $100.00. No court shall impose any additional fees or surcharges to a fine for such a violation. The court imposing a fine for any violation of this Code section shall forward a record of the disposition of the cases to the Department of Driver Services for the sole purpose of data collection on a county by county basis.
  3. Violation of this Code section shall not constitute negligence per se nor contributory negligence per se. Violation of subsection (b) of this Code section shall not be the basis for cancellation of coverage or increase in insurance rates.
  4. The provisions of this Code section shall not apply to buses, as defined in paragraph (7) of Code Section 40-1-1, used in the transport of children over four years of age until July 1, 2012, provided that the bus is operated by a licensed or commissioned child care facility, has a current annual transportation safety inspection certificate as required by the appropriate licensing body, and has evidence of being inspected for use by a child care facility. If the bus is not a school bus, as defined in paragraph (55) of Code Section 40-1-1, or a multifunction school activities bus, as defined in 49 C.F.R. 571.3(B), each child over four years of age and under eight years of age shall be properly restrained by a child passenger restraining system. Multifunction school activities buses, as defined in 49 C.F.R. 571.3(B), shall not be required to transport children five years of age or older in a child passenger restraining system.

(Ga. L. 1963, p. 366, § 2; Ga. L. 1964, p. 168, § 1; Code 1933, § 68E-407, enacted by Ga. L. 1982, p. 165, § 4; Code 1981, §40-8-76, enacted by Ga. L. 1982, p. 165, § 10; Ga. L. 1983, p. 1464, § 1; Ga. L. 1984, p. 22, § 40; Ga. L. 1985, p. 149, § 40; Ga. L. 1988, p. 480, § 1; Ga. L. 1996, p. 469, § 2; Ga. L. 2000, p. 1246, § 17; Ga. L. 2001, p. 740, § 1; Ga. L. 2004, p. 716, § 1; Ga. L. 2011, p. 253, § 1/SB 88.)

Cross references.

- Use of safety belts in passenger vehicles, § 40-8-76.1.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, the correct spelling of "Violation" was substituted at the beginning of subsection (d) (now subsection (c)).

Pursuant to Code Section 28-9-5, in 2004, "C.F.R." was substituted for "CFR" two times in subsection (d).

Editor's notes.

- Ga. L. 2004, p. 716, § 3, not codified by the General Assembly, provides: "It shall be the duty of the Governor's Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the provisions of subsection (b) of Code Section 40-8-76 and paragraph (3) of subsection (e) of Code Section 40-8-76.1 as amended by this Act. Such program shall be carried out prior to January 1, 2005. The Governor's Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, Department of Motor Vehicle Safety, Georgia Sheriffs Association, Georgia Association of Chiefs of Police, Incorporated, Peace Officers' Association of Georgia, Medical College of Georgia, Georgia Hospital Association, Georgia Association of Educators, Professional Association of Georgia Educators, Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out such provisions."

Law reviews.

- For article, "Federal Automotive Safety Standards and Georgia Products Liability Law: Conflict or Coexistence?," see 26 Ga. St. B.J. 107 (1990). For note on the 2001 amendment to this Code section, see 18 Ga. St. U.L. Rev. 199 (2001). For comment discussing Bentzler v. Braun, 34 Wis. 2d 362, 149 N.W.2d 626 (1967), as to plaintiff's failure to use a seat belt as constituting contributory or comparative negligence in automobile injury cases, see 2 Ga. L. Rev. 110 (1967). For comment discussing Brown v. Kendrick, 192 So. 2d 49 (Fla. 1966), and suggesting contributory negligence ramifications of failure of guest passengers to use seatbelts in Georgia, see 18 Mercer L. Rev. 511 (1967).

JUDICIAL DECISIONS

Cited in In the Interest of W.N.J., 268 Ga. App. 637, 602 S.E.2d 173 (2004).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 17, 190, 191. 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 524, 542, 568 et seq. 21 Am. Jur. 2d, Criminal Law, §§ 1, 18 et seq.

Proof of Injury Resulting from Defects in Child Safety Seat, 77 POF3d 85.

C.J.S.

- 60 C.J.S., Motor Vehicles, § 43 et seq.

ALR.

- Automobile occupant's failure to use seat belt as contributory negligence, 92 A.L.R.3d 9.

Nonuse of automobile seatbelts as evidence of comparative negligence, 95 A.L.R.3d 239.

Failure to use or misuse of automobile child safety seat or restraint system as affecting recovery for personal injury or death, 46 A.L.R.5th 557.

Liability under state law for injuries resulting from defective automobile seatbelt, shoulder harness, or restraint system, 48 A.L.R.5th 1.


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