Nevada Car Accident Attorney
Child less than 6 years of age and weighing 60 pounds or less to be secured in child restraint system while being transported in motor vehicle; requirements for system; penalties; programs of training; waiver or reduction of penalty under certain circumstances; application of section. NRS 484.474
1. Except as otherwise provided in subsection 7, any person who is transporting a child who is less than 6 years of age and who weighs 60 pounds or less in a motor vehicle operated in this state which is equipped to carry passengers shall secure the child in a child restraint system which:
(a) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. Part 571;
(b) Is appropriate for the size and weight of the child; and
(c) Is installed within and attached safely and securely to the motor vehicle:
(1) In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or
(2) In another manner that is approved by the National Highway Traffic Safety Administration.
2. If a defendant pleads or is found guilty of violating the provisions of subsection 1, the court shall:
(a) For a first offense, order the defendant to pay a fine of not less than $100 or more than $500 or order the defendant to perform not less than 10 hours or more than 50 hours of community service;
(b) For a second offense, order the defendant to pay a fine of not less than $500 or more than $1000 or order the defendant to perform not less than 50 hours or more than 100 hours of community service; and
(c) For a third or subsequent offense, suspend the driver’s license of the defendant for not less than 30 days or more than 180 days.
3. At the time of sentencing, the court shall provide the defendant with a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems. The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection 4. If, within 60 days after sentencing, a defendant provides the court with proof of satisfactory completion of a program of training provided for in this subsection, the court shall:
(a) If the defendant was sentenced pursuant to paragraph (a) of subsection 2, waive the fine or community service previously imposed; or
(b) If the defendant was sentenced pursuant to paragraph (b) of subsection 2, reduce by one-half the fine or community service previously imposed.
A defendant is only eligible for a reduction of a fine or community service pursuant to paragraph (b) if he has not had a fine or community service waived pursuant to paragraph (a).
4. A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department, establish a fee to be paid by defendants who are ordered to complete a program of training. The amount of the fee, if any:
(a) Must be reasonable; and
(b) May, if a defendant desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant.
A program of training may not be operated for profit.
5. For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.
6. A violation of this section may not be considered:
(a) Negligence in any civil action; or
(b) Negligence or reckless driving for the purposes of NRS 484.377.
7. This section does not apply:
(a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.
(b) When a physician determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the child’s weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician to that effect.
8. As used in this section, “child restraint system” means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation:
(a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;
(b) Integrated child seats; and
(c) Safety belts that are designed specifically to be adjusted to accommodate children.
This Nevada statute sets forth when children are required to be in a motor vehicle restraint system. A driver who violates this statute may be deemed by the court to have committed “negligence per se”.
At Sam Harding Law Firm, we understand the problems suffered by people who have sustained injuries from negligent drivers.
We know that insurance companies often try to take advantage of unrepresented clients. We work hard for our clients to get them the money they deserve without their having to go to court. We work to get medical bills, lost income and money for pain and suffering. However, should your case require litigation, we are prepared to take your case to court. We are an ABOTA and AV rated Martindale Hubbel law firm.
Sam Harding Law Firm, your Las Vegas, Nevada automobile accident attorney.