                                 CODE OF VIRGINIA

PENALTIES; VIOLATIONS NOT NEGLIGENCE PER SE (§ 46.2-1098)

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 § 46.2-1095; however, any person found guilty of
violating § 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 § 46.2-1096. Notwithstanding the foregoing provisions
of § 46.2-1095, the court may waive or suspend the imposition of the penalty
for a violation of § 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 §
46.2-1097.
		No assignment of demerit points shall be made under Article 19 (§ 46.2-489 et
seq.) of Chapter 3 of this title and no court costs shall be assessed for
violation of § 46.2-1095.
		Violations 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.

HISTORY: 1982, c. 634, § 46.1-314.5; 1989, c. 727; 1992, cc. 119, 405; 2002, c.
358; 2008, c. 714.