
Iowa Code 2003
321.446 Child restraint devices.
1. A child under three years of age who is being transported
in a motor vehicle subject to registration, except a school bus or motorcycle, shall be
secured during transit by a child restraint system which meets
federal motor vehicle safety standards, and the system shall be used in accordance with
the manufacturer's instructions.
2. A
child at least three years of age but under six years of age who is being transported in a
motor vehicle subject to registration, except a school bus or motorcycle, shall be secured
during transit by either a child restraint system that meets federal motor vehicle safety
standards and is used in accordance with the manufacturer's instructions, or by a safety
belt or safety harness of a type approved under section 321.445.
3. This section does not apply to peace officers acting on
official duty. This section also does not apply to the
transportation of children in 1965 model year or older vehicles, authorized emergency
vehicles, buses, or motor homes, except when a child is transported in a motor home's
passenger seat situated directly to the driver's right. This
section does not apply to the transportation of a child who has been certified by a
physician licensed under chapter 148, 150, or 150A as having a medical, physical, or
mental condition that prevents or makes inadvisable securing the child in a child
restraint system, safety belt, or safety harness.
4. The operator who violates subsection 1 or 2 is guilty of
a misdemeanor and subject only to the penalty provisions of section 805.8A, subsection 14,
paragraph "c".
5. A person who is first charged for a violation of
subsection 1 and who has not purchased or otherwise acquired a child restraint system
shall not be convicted if the person produces in court, within a reasonable time, proof
that the person has purchased or otherwise acquired a child restraint system
which meets federal motor vehicle safety standards.
6. Failure to use a child restraint system, safety belts, or
safety harnesses as required by this section does not constitute negligence nor is the
failure admissible as evidence in a civil action.