Chapter 4501-37 Child Restraint Systems

When an unoccupied child restraint system is being transported in a motor vehicle, such restraint shall be secured in accordance with the manufacturer’s instructions so as to prevent any dangerous movement within the vehicle, or in the alternative, it shall be removed from the vehicle or stored in a storage area away from human occupancy.

R.C. 119.032 review dates: 9/12/2002 and 03/08/2007

Promulgated Under: 119.03

Statutory Authority: R.C. 4511.81

Rule Amplifies: R.C. 4511.81

Prior Effective Dates: 6/1/83

Persons using child restraint systems as set forth in paragraphs (A) and (B) of this rule shall adhere to the manufacturer’s instructions regarding the proper installation and securing of the restraint system. No child restraint system shall be used in a motor vehicle for a purpose, or in a manner, for which it is not intended.

(A) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab or public safety vehicle as defined in section 4511.01 of the Revised Code, that is registered in this state and is required by the United States department of transportation in Title 49 of the Code of Federal Regulations, Section 571.208 (2002) to be equipped with seat belts at the time of manufacture or assembly, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle standards as set forth in Title 49 of the Code of Federal Regulations, Section 571.213 (October 22, 2002):

(1) A child who is less than four years of age;

(2) A child who weighs less than forty pounds.

(B) When any child who is in either or both of the following categories is being transported in a motor vehicle, other than a taxicab, that is registered in this state and is owned, leased, or otherwise under the control of a nursery school, kindergarten, or day-care center, the operator of the motor vehicle shall have the child properly secured in accordance with the manufacturer’s instructions in a child restraint system that meets federal motor vehicle safety standards as set forth in Title 49 of the Code of Federal Regulations, Section 571.213 (October 22, 2002):

(1) A child who is less than four years of age;

(2) A child who weighs less than forty pounds.

HISTORY: Eff 3-4-83 (Emer.); 6-1-83; 3-1-95; 12-5-02

Rule promulgated under: RC 119.03

Rule authorized by: RC 4511.81

Rule amplifies: RC 4511.81

R.C. 119.032 review dates: 09/12/2002 and 03/09/2007

When a motor vehicle that is owned, leased, or otherwise under the control of a nursery school, kindergarten, or day-care center is being used to transport a child in either or both of the categories listed below, the use of the child restraint system in the motor vehicle, is conditioned upon the motor vehicle being required by the United States department of transportation to be equipped with seat belts at the time of manufacture or assembly as set forth in Title 49 of the Code of Federal Regulations, Section 571.208 (2002):

(A) A child who is less than four years of age;

(B) A child who weighs less than forty pounds.

HISTORY: Eff 3-4-83 (Emer.); 6-1-83; 3-1-95; 12-5-02

Rule promulgated under: RC 119.03

Rule authorized by: RC 4511.81

Rule amplifies: RC 4511.81

R.C. 119.032 review dates: 09/12/2002 and 03/09/2007