Louisiana Law on Child Safety Restraints

Louisiana Revised Statute 32:

Sec. 295. Child Passenger Restraint System

    1. Every resident of this state who transports a child or children under the age of thirteen years in a motor vehicle which is equipped with safety belts at the time of manufacture of assembly, or is currently equipped with safety belts, shall have the child properly secured in accordance with the manufacturer’s instructions in an age- or size-appropriate passenger restraint system which meets the applicable federal motor vehicle safety standards in effect, except as provided in Subsections (C), (D), and (E)
    2. (1) The term "motor vehicle" as used in this Section shall not mean the following: bicycle; farm tractor; motorcycle or motor-driven cycle; truck of manufacturer’s rating carrying capacity of over two thousand pounds; ambulance or other emergency vehicle; school bus as defined in R.S. 32:1(62)(a) and (b); church bus, private bus, or recreational vehicle which has a passenger capacity of over ten persons; or commercial truck, van, or taxi.

      3. (2) The term "child restraint system" as used in this Section shall mean a lap belt, a shoulder harness, or an age-or size-appropriate child safety seat.

    3. If such child is three to twelve years of age, securing the child in a lap belt or safety belt in a rear seat shall be sufficient to meet the requirements of this Section. If there are no rear seats, an age- or size-appropriate passenger restraint system shall be used.
    4. When the number of children under the age of thirteen in the motor vehicle exceeds the number of age- or size-appropriate passenger restraint systems and seat belts available in the motor vehicle, the unrestrained children shall be seated in a rear seat.
    5. The provisions of this Section shall not apply when one of the following conditions exists:
    1. The motor vehicle is being used as an ambulance or other emergency vehicle.
    2. An emergency exists which threatens the life of any person operating a motor vehicle to whom this Section otherwise would apply or the life of any child who otherwise would be required to be restrained under this Section.
    3. Any child who would otherwise be required to be restrained under this Section who is physically unable because of medical reasons to use a child passenger safety system or safety belt.
    1. In no event shall failure to wear a child passenger safety seat system be considered as comparative negligence, nor shall such failure be admissible as evidence in the trial of any civil action with regard to negligence, nor shall such failure be considered a moving violation.
    2. Any operator of a motor vehicle stopped for a violation of this Section and against whom enforcement action has been taken shall not be guilty of a subsequent violation of this Section until after twenty-four hours have elapsed from the date and time of the violation as indicated on the traffic ticket.
    3. Any person who violates this Section shall upon conviction be fined fifty dollars for a first offense, one hundred dollars for a second offense, and one hundred dollars plus all costs of court for a third or subsequent offense. In addition to the fine, the license of a defendant in violation of this Section shall be confiscated and driving privileges suspended until such time as satisfactory proof is presented to the court that the defendant has acquired an approved age- or size-appropriate passenger restraint system where applicable. Added by Acts 1984, No. 156, Sec. 1. Amended by Acts 1997, No. 1037, Sec 1, eff. July 1, 1997.