It is enacted by the General Assembly as follows

SECTION 1. Section 31-22-22 of the General Laws in Chapter 31-22 entitled "Miscellaneous Rules" is hereby amended to read as follows:

31-22-22. Child passenger restraint. -- (a) Any person transporting a child {DEL three (3) DEL} {ADD five (5) ADD} years of age or under in {DEL the front or back seat of DEL} a motor vehicle operated on the roadways, streets, or highways of this state, {DEL will DEL} {ADD shall transport the child in the back seat of the motor vehicle unless the motor vehicle is not so equipped. Except that the front seat may be used for the transportation of children (i) if there is no back seat and the required seat belt or child restraint is utilized by other children and if the required seat belt or child restraint system is utilized in the front seat. Any person transporting a child three (3) years or under in a motor vehicle operated on the roadways, streets, or highways of this state, shall ADD} provide for the protection of the child and properly use a child passenger restraint system approved by the United States Department of Transportation under Federal Standard 213.

(b) Any person transporting a child over the age of three (3) years of age and through the age of twelve (12) years of age in the front or back seat of a passenger motor vehicle operated on the roadways, streets, or highways of this state, will ensure that the child be in a child passenger restraint system as described above or be wearing a regular seat belt or shoulder harness.

Provided, that in no event shall failure to wear a child passenger restraint system or regular seat belt be considered as contributory or comparative negligence, nor the failure to wear said child passenger restraint system, regular seat belt, or shoulder harness be admissible as evidence in the trial of any civil action.

(c) Any person deemed in violation of subsection (a) herein shall be issued a citation. If the cited person presents proof of purchase of a federally approved child restraint system under Standard 213 to the issuing police department within seven (7) days of issuance, the department shall void the violation. If the individual fails to present proof of purchase, he or she shall be required to appear for a hearing before the division for administrative adjudication. Any person who violates the provisions of this section shall be fined one hundred fifty dollars ($150) for each offense, and it shall not be recorded on the person's driving record within the rules and regulations governing chapter 43 of this title.

(d) Any person deemed to be in violation of subsection (b) herein shall be fined thirty dollars ($30.00) for the first offense, sixty dollars ($60.00) for the second offense, and one hundred dollars ($100) for every subsequent offense and it shall not be recorded on the person's driving record within the rules and regulations governing chapter 43 of this title.

(e) All fines collected for violations of this section shall be payable to the state of Rhode Island. Provided, that fifty percent (50%) of the proceeds will be shared with the municipality whose law enforcement department issued the citation for the violations.

(f) Any operator of a motor vehicle transporting a person over the age of twelve (12) years in the front or back seat of a motor vehicle operated on the roadways, streets or highways of this state shall provide for the protection of the person a safety belt system as defined by federal motor vehicle safety standard 209. The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.

(g) Any person who is an operator of or passenger in a motor vehicle shall wear a safety belt as defined by federal motor vehicle safety standard 209 while the vehicle is in operation on any of the roadways, streets, or highways of this state. The provisions of this subsection shall apply only to those motor vehicles required by federal law to have safety belts.

In no event shall failure to wear a child passenger restraint system or safety belt be considered as negligence, nor the failure to wear the child passenger restraint system or safety belt be admissable as evidence in the trial of any civil action.

(h) The provisions of subsection (f) and (g) shall not apply to a driver or passenger of:

(1) A passenger motor vehicle manufactured before July 1, 1966;

(2) A passenger motor vehicle in which the driver or passenger possesses a written verification from a licensed physician that the driver or passenger is unable to wear a safety seat belt system for physical or medical reasons;

(3) A passenger motor vehicle which is not required to be equipped with a safety seat belt system under federal laws; or

(4) A passenger motor vehicle operated by a letter carrier of the United States Postal Service while performing the duties of a letter carrier.

(i) A program of public information and education designed to educate the motoring public to the benefits of wearing safety belt systems, shall be developed by the Rhode Island department of transportation's governor's office on highway safety. The Rhode Island department of transportation's office on highway safety, in cooperation with the Rhode Island department of health, shall study the effectiveness of the implementation of this section and shall submit to the general assembly a report containing its findings by July 1, 1991.

(j) Violations of subsections (f) and (g) shall be considered secondary offenses and no motor vehicle may be stopped by any state or municipal law enforcement agency for failure of an operator or passenger to wear a safety belt system or for any violation of subsections (f) and (g); provided, however, that a motor vehicle may be stopped for failure to comply with the child passenger restraint system as described in subsections (a) and (b).

(k) No fine or sanction shall be imposed for a violation of subsections (f) and (g) other than a verbal warning.

(l) No record of any kind shall be maintained regarding any operator or passenger for violation of subsections (g) and (h), including any records of verbal warnings.

(m) Any verbal warnings issued for violations of subsections (g) and (h) shall not be recorded regarding any motor vehicle's operator's driving record within the rules and regulations of chapter 43 of this title.

SECTION 2. This act shall take effect upon passage.