                                 CODE OF VIRGINIA

CHILD RESTRAINT DEVICES REQUIRED WHEN TRANSPORTING CERTAIN CHILDREN; SAFETY
BELTS FOR PASSENGERS LESS THAN 18 YEARS OLD REQUIRED (§ 46.2-1095)

A. Any person who drives on the highways of Virginia any motor vehicle
manufactured after January 1, 1968, shall ensure that any child, up to age
eight, whom he transports therein is provided with and properly secured in a
child restraint device of a type which meets the standards adopted by the United
States Department of Transportation. Such child restraint device shall not be
forward-facing until at least (i) the child reaches two years of age or (ii) the
child reaches the minimum weight limit for a forward-facing child restraint
device as prescribed by the manufacturer of the device. Further, child restraint
devices shall be placed in the back seat of a vehicle. In the event the vehicle
does not have a back seat, the child restraint device may be placed in the front
passenger seat only if the vehicle is either not equipped with a passenger side
airbag or the passenger side airbag has been deactivated.

B. Any person transporting another person less than 18 years old, except for
those required pursuant to subsection A to be secured in a child restraint
device, shall ensure that such person is provided with and properly secured by
an appropriate safety belt system when driving on the highways of Virginia in
any motor vehicle manufactured after January 1, 1968, equipped or required by
the provisions of this title to be equipped with a safety belt system,
consisting of lap belts, shoulder harnesses, combinations thereof or similar
devices.

C. A violation of this section shall not constitute negligence, be considered in
mitigation of damages of whatever nature, be admissible in evidence or be the
subject of comment by counsel in any action for the recovery of damages in a
civil action.

D. A violation of this section may be charged on the uniform traffic summons
form.

E. Nothing in this section shall apply to any person operating taxicabs, school
buses, executive sedans, or limousines. The provisions of (i) subsection B shall
not apply to any person operating an emergency medical services agency vehicle,
fire company vehicle, fire department vehicle, or law-enforcement agency vehicle
while in the performance of his official duties and (ii) subsection A shall not
apply to any person operating any such vehicle in the performance of his
official duties, under exigent circumstances, provided that no child restraint
device is readily available.

HISTORY: 1982, c. 634, § 46.1-314.2; 1984, c. 280; 1986, c. 283; 1989, c. 727;
1992, cc. 119, 405; 1997, c. 793; 2000, c. 736; 2002, cc. 358, 616, 660; 2007,
cc. 91, 935; 2010, c. 661; 2018, c. 402; 2019, cc. 196, 319.