KRS § 189.125 — KY Code / Title XVI / Chapter 189 / Section 189.125
189.125 Requirements of use of seat belts, child restraint systems, and child booster seats -- Exceptions
Status: in_force

189.125 Requirements of use of seat belts, child restraint systems, and child booster

seats -- Exceptions.

(1) Except as otherwise provided in this section, "motor vehicle" as used in this section

means every vehicle designed to carry fifteen (15) or fewer passengers and used for

the transportation of persons, but the term does not include:

(a) Motorcycles;

(b) Motor-driven cycles; or

(c) Farm trucks registered for agricultural use only and having a gross weight of

one (1) ton or more.

(2) A person shall not sell any new motor vehicle in this state nor shall any person

make application for registering a new motor vehicle in this state unless the front or

forward seat or seats have adequate anchors or attachments secured to the floor

and/or sides to the rear of the seat or seats to which seat belts may be secured.

(3) (a) Any driver of a motor vehicle, when transporting a child of forty (40) inches

in height or less in a motor vehicle operated on the roadways, streets, and

highways of this state, shall have the child properly secured in a child restraint

system of a type meeting federal motor vehicle safety standards.

(b) Any driver of a motor vehicle, when transporting a child under the age of

eight (8) years who is between forty (40) inches and fifty-seven (57) inches in

height in a motor vehicle operated on the roadways, streets, and highways of

this state, shall have the child properly secured in a child booster seat. A child

of any age who is greater than fifty-seven (57) inches in height shall not be

required to be secured in a child booster seat under this section.

(4) As used in this section:

(a) "Child restraint system" means any device manufactured to transport children

in a motor vehicle which conforms to all applicable federal motor vehicle

safety standards; and

(b) "Child booster seat" means a child passenger restraint system that meets the

standards set forth in 49 C.F.R. Part 571 that is designed to elevate a child to

properly sit in a federally approved lap-and-shoulder belt system.

(5) Failure to use a child passenger restraint system or a child booster seat shall not be

considered as contributory negligence, nor shall such failure to use a passenger

restraint system or booster seat be admissible as evidence in the trial of any civil

action. Failure of any person to wear a seat belt shall not constitute negligence per

se.

(6) A person shall not operate a motor vehicle manufactured after 1981 on the public

roadways of this state unless the driver and all passengers are wearing a properly

adjusted and fastened seat belt, unless the passenger is a child who is secured as

required in subsection (3) of this section. The provisions of this subsection shall not

apply to:

(a) A person who has in his possession at the time of the conduct in question a

written statement from a physician, advanced practice registered nurse, or

licensed chiropractor that he is unable, for medical or physical reasons, to

wear a seat belt; or

(b) A letter carrier of the United States postal service while engaged in the

performance of his duties.

(7) A conviction for a violation of subsection (6) of this section shall not be transmitted

by the court to the Transportation Cabinet. The Transportation Cabinet shall not

include a conviction for a violation of subsection (6) of this section as part of any

person's driving history record.

(8) The provisions of subsection (6) of this section shall supersede any existing local

ordinance involving the use of seat belts. No ordinance contrary to subsection (6) of

this section may be enacted by any unit of local government.