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(1) 16 years of age or older may not occupy a motor vehicle while being driven unless restrained by a safety belt; and |
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(2) may not operate a motor vehicle unless restrained by a safety belt. |
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* Sec. 2. AS 28.05.095(b) is amended to read:
(b) Except as provided in (c) of this section, a driver may not transport a child
under the age of 16 in a motor vehicle unless the driver has provided the required
safety device and properly secured each child as described in this subsection.
A [IF THE] child
(1) less than one year of age or a child one year of age or older who
weighs less than 20 pounds shall be properly secured in a rear-facing child safety
that meets or exceeds
[IS LESS THAN FOUR YEARS OF AGE, THE CHILD
SHALL BE PROPERLY SECURED IN A CHILD SAFETY DEVICE MEETING
THE] standards of the United States Department of Transportation and is used in
accordance with the manufacturer's instructions;
(2) one or more years of age but less than five years of age who
weighs 20 pounds or more shall be properly secured in a child restraint device
that meets or exceeds the standards of the United States Department of
Transportation and is used in accordance with the manufacturer's instructions;
(3) over four years of age but less than eight years of age who is
less than 57 inches in height and weighs 20 or more pounds but less than 65
pounds shall be properly secured in a booster seat that is secured by a seat belt
system or by another child passenger restraint system that meets or exceeds the
standards of the United States Department of Transportation and is used in
accordance with the manufacturer's instructions;
(4) over four years of age who exceeds the height or weight
requirements in (3) of this subsection shall be properly secured in a seat belt;
(5) eight years of age [FOR A CHILD SAFETY DEVICE FOR
INFANTS. IF THE CHILD IS FOUR] but less than [NOT YET] 16 years of age who
does not exceed the height and weight requirements in (3) of this subsection [,
THE CHILD] shall be properly secured in a child safety device approved for a child of
that [AGE AND] size by the United States Department of Transportation or in a safety
belt, whichever is appropriate for the particular child as determined solely by the
driver.
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(c) Subsections (a) and (b) do not apply to
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(1) passengers in a school bus, unless the school bus is required to be equipped with seat belts by the United States Department of Transportation, or an emergency vehicle; |
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(2) a vehicle operator acting in the course of employment delivering mail or newspapers from inside the vehicle to roadside mail or newspaper boxes; |
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(3) a person or class of persons exempted by regulation under AS 28.05.096; or |
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(4) a person required to be restrained by safety belts under (a) or (b) of this section if the motor vehicle is not equipped with safety belts. |
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(d) A person may not remove a safety belt from a vehicle solely to be exempted under (c)(4) of this section.
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