Title 40, Chapter 8, Section 76
( 40-8-76)
(a) 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. (b)(1) On and after July 1, 1984, every driver who transports a child four years of age or younger 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 protection of such child in a child passenger restraining system approved by the United States Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. A driver shall not be deemed to be complying with the provisions of this subsection unless the child passenger restraining system is installed and being used in accordance with the manufacturer's directions for such system. The provisions of this subsection shall not apply when the child's parent or guardian obtains a physician's written statement that a physical or medical condition of the child prevents placing or restraining him or her in any such child passenger restraining system. (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.
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 annually to the Department of
Public Safety for the sole purpose of data collection on a county
by county basis. (c) 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 reasons for the enactment of subsection
(b) of this Code section. Such program shall be carried out prior
to January 1, 1997. The Governor's Office of Highway Safety shall
solicit the cooperation and assistance of the Georgia State Patrol,
the Georgia Sheriffs Association, the Georgia Association of Chiefs
of Police, Incorporated, the Peace Officers' Association of Georgia,
the Medical College of Georgia, the Georgia Hospital Association,
the Georgia Association of Educators, the Georgia Parent-Teacher
Association, and other appropriate organizations in educating the
citizens of the state and in implementing, coordinating, and
carrying out the program provided for herein. (d) Violation of this Code section shall not constitute negligence
per se nor contributory negligence per se. Violation of child
safety restraint requirements shall not be the basis for
cancellation of coverage or increase in insurance rates. |