C.R.S.
Section 42-4-236
Child restraint systems required
- definitions
- exemptions
(1)
As used in this section, unless the context otherwise requires:(a)
“Child care center” means a facility required to be licensed under the “Foster Care, Residential, Day Treatment, and Agency Licensing Act”, part 9 of article 6 of title 26, or the “Child Care Licensing Act”, part 3 of article 5 of title 26.5.(b)
“Safety belt” means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt that is physically a part of a child restraint system. “Safety belt” includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. Proper use of a safety belt means the shoulder belt, if present, crosses the shoulder and chest and the lap belt crosses the hips, touching the thighs.(c)
“Seating position” means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion.(II)
If the child is less than one year of age and weighs less than twenty pounds, the child shall be properly restrained in a rear-facing child restraint system in a rear seat of the vehicle.(III)
If the child is one year of age or older, but less than four years of age, and weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a rear-facing or forward-facing child restraint system.(b)
Unless excepted pursuant to subsection (3) of this section, every child who is at least eight years of age but less than sixteen years of age who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a safety belt or child restraint system according to the manufacturer’s instructions.(c)
If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or her child or children are provided with and that they properly use a child restraint system or safety belt system. If a parent is not in the motor vehicle, it is the responsibility of the driver transporting a child or children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system.(3)
Except as provided in section 42-2-105.5 (4), subsection (2) of this section does not apply to a child who:(a)
Repealed.(b)
Is less than eight years of age and is being transported in a motor vehicle as a result of a medical or other life-threatening emergency and a child restraint system is not available;(c)
Is being transported in a commercial motor vehicle, as defined in section 42-2-402 (4)(a), that is operated by a child care center;(d)
Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 42-4-237;(4)
The division of highway safety shall implement a program for public information and education concerning the use of child restraint systems and the provisions of this section.(5)
No person shall use a safety belt or child restraint system, whichever is applicable under the provisions of this section, for children under sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards.(6)
Any violation of this section shall not constitute negligence per se or contributory negligence per se.(7)
Intentionally left blank —Ed.(a)
Except as otherwise provided in paragraph (b) of this subsection (7), any person who violates any provision of this section commits a class B traffic infraction.(b)
A minor driver under eighteen years of age who violates this section shall be punished in accordance with section 42-2-105.5 (5)(b).(8)
The fine may be waived if the defendant presents the court with satisfactory evidence of proof of the acquisition, purchase, or rental of a child restraint system by the time of the court appearance.
Source:
Section 42-4-236 — Child restraint systems required - definitions - exemptions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-42.pdf
(accessed Oct. 20, 2023).