 Summer 2008
THE LAW HAS
CHANGED
EFFECTIVE JULY 10, 2008
Massachusetts General Law Chapter 90: Section
7AA.
Child passenger restraints; fine; violation as
evidence in civil action
A passenger in a motor vehicle on
any way who is under the age of 8 shall be fastened
and secured by a child passenger restraint, unless
such passenger measures more than 57 inches in height.
The child passenger restraint shall be properly
fastened and secured according to the manufacturer's
instructions.
Unless required to be properly
fastened and secured by a child passenger restraint
under the preceding paragraph, a passenger in a motor
vehicle on any way that is under the age of 13 shall
wear a safety belt which is properly adjusted and
fastened according to the manufacturer's instructions.
The provisions of this section
shall not apply to any such child who is: (1) riding
as a passenger in a school bus; (2) riding as a
passenger in a motor vehicle made before July first,
nineteen hundred and sixty-six, that is not equipped
with safety belts; (3) physically unable to use either
a conventional child passenger restraint or a child
restraint specifically designed for children with
special needs; provided, however, that such condition
is duly certified in writing by a physician who shall
state the nature of the disability as well as the
reasons such restraints are inappropriate; provided,
further, that no such certifying physician shall be
subject to liability in a civil action for the
issuance of or for the failure to issue such
certificate. An operator of a motor vehicle who
violates the provisions of this section shall be
subject to a fine of not more than twenty-five
dollars; provided, however, that said twenty-five
dollar fine shall not apply to an operator of a motor
vehicle licensed as a taxi cab not equipped with a
child passenger restraint device.
A violation of this section shall
not be used as evidence of contributory negligence in
any civil action.
A person who receives a citation
for a violation of any of the provisions of this
section may contest such citation pursuant to section
three of chapter ninety C. A violation of this section
shall not be deemed to be a conviction of a moving
violation of the motor vehicle laws for the purpose of
determining surcharges on motor vehicle premiums
pursuant to section one hundred and thirteen B of
chapter one hundred and seventy-five.
Editors Note:
Violation of Ch. 90 section 7AA, is a primary
violation, meaning an officer can effect a motor
vehicle stop with out there being any other violation.
The Brockton Police take Child Passenger
Safety seriously. Set an example, wear your seatbelt,
your kids are watching.
Got an idea for the
Monthly Spotlight Page? Please email them to us
at: spotlight@brocktonpolice.com
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