{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1098.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1098.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1098.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1098.html"}],"law_id":65037,"edition_id":1,"section_id":65037,"structure_id":15079,"section_number":"46.2-1098","catch_line":"Penalties; violations not negligence per se","history":"1982, c. 634, \u00a7 46.1-314.5; 1989, c. 727; 1992, cc. 119, 405; 2002, c. 358; 2008, c. 714.","full_text":"Any person, including those subject to jurisdiction of a juvenile and domestic relations district court, found guilty of violating this article shall be subject to a civil penalty of $50, which shall not be suspended in whole or in part, for a violation of \u00a7 46.2-1095; however, any person found guilty of violating \u00a7 46.2-1095 a second or subsequent time when the violations occurred on different dates shall be subject to a civil penalty of up to $500. An additional civil penalty of $20 shall be imposed for failure to carry a statement as required by \u00a7 46.2-1096. Notwithstanding the foregoing provisions of \u00a7 46.2-1095, the court may waive or suspend the imposition of the penalty for a violation of \u00a7 46.2-1095 if it finds that the failure of the defendant to comply with the section was due to his financial inability to acquire a child restraint system. All civil penalties collected pursuant to this section shall be paid into the Child Restraint Device Special Fund as provided for in \u00a7 46.2-1097.\n\t\tNo assignment of demerit points shall be made under Article 19 (\u00a7 46.2-489 et seq.) of Chapter 3 of this title and no court costs shall be assessed for violation of \u00a7 46.2-1095.\n\t\tViolations of this article shall not constitute negligence per se; nor shall violation of this article constitute a defense to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident.","order_by":null,"text":{"0":{"id":236717,"text":"Any person, including those subject to jurisdiction of a juvenile and domestic relations district court, found guilty of violating this article shall be subject to a civil penalty of $50, which shall not be suspended in whole or in part, for a violation of \u00a7 46.2-1095; however, any person found guilty of violating \u00a7 46.2-1095 a second or subsequent time when the violations occurred on different dates shall be subject to a civil penalty of up to $500. An additional civil penalty of $20 shall be imposed for failure to carry a statement as required by \u00a7 46.2-1096. Notwithstanding the foregoing provisions of \u00a7 46.2-1095, the court may waive or suspend the imposition of the penalty for a violation of \u00a7 46.2-1095 if it finds that the failure of the defendant to comply with the section was due to his financial inability to acquire a child restraint system. All civil penalties collected pursuant to this section shall be paid into the Child Restraint Device Special Fund as provided for in \u00a7 46.2-1097.\n\t\tNo assignment of demerit points shall be made under Article 19 (\u00a7 46.2-489 et seq.) of Chapter 3 of this title and no court costs shall be assessed for violation of \u00a7 46.2-1095.\n\t\tViolations of this article shall not constitute negligence per se; nor shall violation of this article constitute a defense to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15079,"edition_id":1,"name":"Child Restraints","identifier":"13","label":"article","depth":4,"order_by":1,"parent_id":12828,"metadata":{},"date_created":"2026-06-26 03:52:03","date_modified":"2026-06-26 03:52:03","permalink":{"id":228777,"object_type":"structure","relational_id":15079,"identifier":"13","token":"46.2\/III\/10\/13","url":"\/46.2\/III\/10\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12828,"edition_id":1,"name":"Motor Vehicle and Equipment Safety","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228599,"object_type":"structure","relational_id":12828,"identifier":"10","token":"46.2\/III\/10","url":"\/46.2\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86011,"structure_id":15079,"section_number":"46.2-1095","catch_line":"Child restraint devices required when transporting certain children; safety belts for passengers less than 18 years old required","url":"\/46.2-1095\/","token":"46.2\/III\/10\/13\/46.2-1095","metadata":false},{"id":61124,"structure_id":15079,"section_number":"46.2-1096","catch_line":"Exceptions for certain children","url":"\/46.2-1096\/","token":"46.2\/III\/10\/13\/46.2-1096","metadata":false},{"id":71250,"structure_id":15079,"section_number":"46.2-1097","catch_line":"Child restraint devices; special fund created","url":"\/46.2-1097\/","token":"46.2\/III\/10\/13\/46.2-1097","metadata":false},{"id":65037,"structure_id":15079,"section_number":"46.2-1098","catch_line":"Penalties; violations not negligence per se","url":"\/46.2-1098\/","token":"46.2\/III\/10\/13\/46.2-1098","metadata":false},{"id":82626,"structure_id":15079,"section_number":"46.2-1099","catch_line":"Further exemptions","url":"\/46.2-1099\/","token":"46.2\/III\/10\/13\/46.2-1099","metadata":false},{"id":57490,"structure_id":15079,"section_number":"46.2-1100","catch_line":"Use of standard seat belts permitted for certain children","url":"\/46.2-1100\/","token":"46.2\/III\/10\/13\/46.2-1100","metadata":false}],"previous_section":{"id":71250,"structure_id":15079,"section_number":"46.2-1097","catch_line":"Child restraint devices; special fund created","url":"\/46.2-1097\/","token":"46.2\/III\/10\/13\/46.2-1097","metadata":false},"next_section":{"id":82626,"structure_id":15079,"section_number":"46.2-1099","catch_line":"Further exemptions","url":"\/46.2-1099\/","token":"46.2\/III\/10\/13\/46.2-1099","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1098\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 634 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 727; in 1992, chapters 119 and 405; in 2002, chapter 358<\/a>; in 2008, chapter 714<\/a>.<\/p>","references":[{"id":71250,"section_number":"46.2-1097","catch_line":"Child restraint devices; special fund created","order_by":null,"url":"\/46.2-1097\/"}],"refers_to":[{"id":86011,"section_number":"46.2-1095","catch_line":"Child restraint devices required when transporting certain children; safety belts for passengers less than 18 years old required","order_by":null,"url":"\/46.2-1095\/"},{"id":61124,"section_number":"46.2-1096","catch_line":"Exceptions for certain children","order_by":null,"url":"\/46.2-1096\/"},{"id":71250,"section_number":"46.2-1097","catch_line":"Child restraint devices; special fund created","order_by":null,"url":"\/46.2-1097\/"},{"id":62223,"section_number":"46.2-489","catch_line":"Regulations; appeals","order_by":null,"url":"\/46.2-489\/"}],"permalink":{"id":228791,"object_type":"law","relational_id":65037,"identifier":"46.2-1098","token":"46.2\/III\/10\/13\/46.2-1098","url":"\/46.2-1098\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1098\/","token":"46.2\/III\/10\/13\/46.2-1098","dublin_core":{"Title":"Penalties; violations not negligence per se","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1098","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any person, including those subject to jurisdiction<\/span> of a juvenile and domestic relations district court<\/span>, found guilty of violating this article shall be subject to a civil penalty<\/span> of $50, which shall not be suspended in whole or in part, for a violation of \u00a7 46.2-1095<\/a>; however, any person found guilty of violating \u00a7 46.2-1095<\/a> a second or subsequent time when the violations occurred on different dates shall be subject to a civil penalty<\/span> of up to $500. An additional civil penalty<\/span> of $20 shall be imposed for failure to carry a statement as required by \u00a7 46.2-1096<\/a>. Notwithstanding the foregoing provisions of \u00a7 46.2-1095<\/a>, the court<\/span> may waive<\/span> or suspend<\/span> the imposition of the penalty<\/span> for a violation of \u00a7 46.2-1095<\/a> if it finds that the failure of the defendant<\/span> to comply with the section was due to his financial inability to acquire a child restraint system. All civil penalties collected pursuant to this section shall be paid into the Child Restraint Device Special Fund as provided for in \u00a7 46.2-1097<\/a>.\n\t\tNo assignment of demerit points shall be made under Article 19 (\u00a7 46.2-489<\/a> et seq.) of Chapter 3 of this title and no court<\/span> costs shall be assessed for violation of \u00a7 46.2-1095<\/a>.\n\t\tViolations of this article shall not constitute negligence<\/span> per se; nor shall violation of this article constitute a defense to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle<\/span> accident.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES; VIOLATIONS NOT NEGLIGENCE PER SE (\u00a7 46.2-1098)\n\nAny person, including those subject to jurisdiction of a juvenile and domestic\nrelations district court, found guilty of violating this article shall be\nsubject to a civil penalty of $50, which shall not be suspended in whole or in\npart, for a violation of \u00a7 46.2-1095; however, any person found guilty of\nviolating \u00a7 46.2-1095 a second or subsequent time when the violations occurred\non different dates shall be subject to a civil penalty of up to $500. An\nadditional civil penalty of $20 shall be imposed for failure to carry a\nstatement as required by \u00a7 46.2-1096. Notwithstanding the foregoing provisions\nof \u00a7 46.2-1095, the court may waive or suspend the imposition of the penalty\nfor a violation of \u00a7 46.2-1095 if it finds that the failure of the defendant to\ncomply with the section was due to his financial inability to acquire a child\nrestraint system. All civil penalties collected pursuant to this section shall\nbe paid into the Child Restraint Device Special Fund as provided for in \u00a7\n46.2-1097.\n\t\tNo assignment of demerit points shall be made under Article 19 (\u00a7 46.2-489 et\nseq.) of Chapter 3 of this title and no court costs shall be assessed for\nviolation of \u00a7 46.2-1095.\n\t\tViolations of this article shall not constitute negligence per se; nor shall\nviolation of this article constitute a defense to any claim for personal\ninjuries to a child or recovery of medical expenses for injuries sustained in\nany motor vehicle accident.\n\nHISTORY: 1982, c. 634, \u00a7 46.1-314.5; 1989, c. 727; 1992, cc. 119, 405; 2002, c.\n358; 2008, c. 714.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}