The use of safety seat belts and child protection seats, shall be done according to the following rules:
(a) Any person who drives or is a passenger on the public highways in a motor vehicle which must be equipped with safety seat belts according to § 5381 of this title, seat belts that are available and in usable condition, shall be obliged to adjust and properly secure said seat belts while the vehicle is being driven on the public highways. It shall be the duty of every driver to require every occupant of the vehicle to use the available safety seat belts, and shall be liable for failing to do so. In addition, it shall be the duty of every driver not to transport more passengers than the number of available functional safety seat belts in said motor vehicle.
(b) This subsection shall not apply in the following cases:
(1) To drivers and passengers of who are prevented from using seat belts for medical or physical reasons and hold a medical certificate that certifies it.
(2) To drivers and passengers of public service vehicles while rendering services in short routes authorized by the Public Service Commission by petition of the interested parties. In defining what a short route is, the Commission shall use the following criteria, among others:
(A) Extension of the route or area of operations authorized by the Public Service Commission.
(B) Origin and destination of the movement of passengers.
(C) Special nature or conditions of the route or area of operations, the passengers, vehicles and other similar conditions.
(D) Authorized rates.
(E) If the manner the route or area of operations is operated requires constant stopping to pick up or drop off passengers along the extent of the route or the entire area of operations.
Any driver bound by the provisions of this section to use safety seat belts while driving who does not do so, or allows any passenger in his/her vehicle not to use it shall incur an administrative fault and shall be punished with a fine of fifty dollars ($50) for each passenger that does not use the safety seat belt.
History —Jan. 7, 2000, No. 22, § 13.02; June 3, 2004, No. 132, § 13, eff. 8 months after June 3, 2004.