Okla. Stat. tit. 47, § 47-11-1112

vehicles - Exemptions.

A. Every driver, when transporting a child under eight (8)

years of age in a motor vehicle operated on the roadways, streets,

or highways of this state, shall provide for the protection of said

child by properly using a child passenger restraint system as

follows:

1. A child under four (4) years of age shall be properly

secured in a child passenger restraint system. Except as provided

in subsection G of this section, the child passenger restraint

system shall be rear-facing until the child reaches two (2) years of

age or until the child reaches the weight or height limit of the

rear-facing child passenger restraint system as allowed by the

manufacturer of the child passenger restraint system, whichever

occurs first; and

2. A child at least four (4) years of age but younger than

eight (8) years of age, if not taller than 4 feet 9 inches in

height, shall be properly secured in either a child passenger

restraint system or child booster seat.

For purposes of this section and Section 11-1113 of this title,

"child passenger restraint system" means an infant or child

passenger restraint system which meets the federal standards as set

by 49 C.F.R., Section 571.213.

B. If a child is eight (8) years of age or is taller than 4

feet 9 inches in height, a seat belt properly secured to the vehicle

shall be sufficient to meet the requirements of this section.

C. The provisions of this section shall not apply to:

1. The driver of a school bus, taxicab, moped, motorcycle, or

other motor vehicle not required to be equipped with safety belts

pursuant to state or federal laws;

2. The driver of an ambulance or emergency vehicle;

Oklahoma Statutes - Title 47. Motor Vehicles Page 569

3. The driver of a vehicle in which all of the seat belts are

in use;

4. The transportation of children who for medical reasons are

unable to be placed in such devices, provided there is written

documentation from a physician of such medical reason; or

5. The transportation of a child who weighs more than forty

(40) pounds and who is being transported in the back seat of a

vehicle while wearing only a lap safety belt when the back seat of

the vehicle is not equipped with combination lap and shoulder safety

belts, or when the combination lap and shoulder safety belts in the

back seat are being used by other children who weigh more than forty

(40) pounds. Provided, however, for purposes of this paragraph,

back seat shall include all seats located behind the front seat of a

vehicle operated by a licensed child care facility or church.

Provided further, there shall be a rebuttable presumption that a

child has met the weight requirements of this paragraph if at the

request of any law enforcement officer, the licensed child care

facility or church provides the officer with a written statement

verified by the parent or legal guardian that the child weighs more

than forty (40) pounds.

D. A violation of the provisions of this section shall be

admissible as evidence in any civil action or proceeding for damages

unless the plaintiff in such action or proceeding is a child under

sixteen (16) years of age.

In any action brought by or on behalf of an infant for personal

injuries or wrongful death sustained in a motor vehicle collision,

the failure of any person to have the infant properly restrained in

accordance with the provisions of this section shall not be used in

aggravation or mitigation of damages.

E. A person who is certified as a Child Passenger Safety

Technician and who in good faith provides inspection, adjustment, or

educational services regarding child passenger restraint systems

shall not be liable for civil damages resulting from any act or

omission in providing such services, other than acts or omissions

constituting gross negligence or willful or wanton misconduct.

F. Any person convicted of violating subsection A of this
er Safety

Technician and who in good faith provides inspection, adjustment, or

educational services regarding child passenger restraint systems

shall not be liable for civil damages resulting from any act or

omission in providing such services, other than acts or omissions

constituting gross negligence or willful or wanton misconduct.

F. Any person convicted of violating subsection A of this

section shall be punished by a fine of Fifty Dollars ($50.00) and

shall pay all court costs thereof. Revenue from such fine shall be

apportioned to the Department of Public Safety Restricted Revolving

Fund and used by the Oklahoma Highway Safety Office to promote the

use of child passenger restraint systems as provided in Section 11-

1113 of this title. This fine shall be suspended and the court

costs limited to a maximum of Fifteen Dollars ($15.00) in the case

of the first offense upon proof of purchase or acquisition by loan

of a child passenger restraint system. Provided, the Department of

Public Safety shall not assess points to the driving record of any

person convicted of a violation of this section.

Oklahoma Statutes - Title 47. Motor Vehicles Page 570

G. A driver of a vehicle who has been rightfully issued a

detachable placard indicating physical disability under the

provisions of Section 15-112 of this title or a physically disabled

license plate under the provisions of Section 1135.1 or 1135.2 of

this title and valid letter of forward-facing exemption issued from

the Department of Public Safety shall be permitted to transport a

child passenger under four (4) years of age in a forward-facing

child passenger restraint system. The placard and forward-facing

exemption letter must be present in the vehicle to be in compliance.