(a) Section 4581 of the act (relating to restraint systems) requires all children under 8 years of age traveling anywhere in a passenger car, Class I truck, Class II truck, classic motor vehicle, antique motor vehicle or motor home be fastened securely in a child passenger restraint system or child booster seat.
(b) Section 4581 also provides that exemptions will be allowed if it is determined, according to the rules and regulations of the Department, that the use of a child passenger restraint system or child booster seat would be impractical for physical reasons including, but not limited to, medical reasons or the size of the child.
(c) This chapter establishes the criteria determining when use of a child passenger restraint system is impractical.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--75 Pa.C.S. §§ 101--9910 (relating to Vehicle Code).
Child booster seat--A child passenger restraint system or a belt positioning seat designed and manufactured to meet Federal motor vehicle safety standards in 49 CFR 571.213 (relating to child restraint systems) to position a child to properly sit in a Federally-approved safety seat belt system.
Child passenger restraint system--A device or system to enhance the safety of children in motor vehicles which is designed and manufactured for use in motor vehicles equipped with a safety seat belt system and which meets the Federal motor vehicle safety standards in 49 CFR 571.213.
Department--The Department of Transportation of the Commonwealth.
(a) General criteria. Children under 4 years of age shall be securely fastened in a safety seat belt system and a child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer. Children 4 years of age but younger than 8 years of age shall be securely fastened in a safety seat belt system and an appropriately fitting child booster seat in accordance with the recommendations of the manufacturer.
(b) Exemption based on child's weight or height, or on vehicle characteristics. Exemption from the general criteria in subsection (a) shall be as follows:
(1) Children 4 years of age but younger than 8 years of age who weigh less than 40 pounds may, in lieu of use of a booster seat, be securely fastened in a child safety seat or other child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer.
(2) Children 4 years of age but younger than 8 years of age riding in a passenger position in the vehicle which was not originally equipped with a shoulder safety seat belt shall be fastened in the safety seat belt system without the use of a child booster seat and may be fastened in a child passenger restraint system appropriate for their height and weight in accordance with the recommendations of the manufacturer.
(3) Children 4 years of age but younger than 8 years of age who weigh more than 80 pounds or who are of a height of 4 feet 9 inches or taller may be fastened in the safety seat belt system without the use of a child booster seat.
(a) Exemption from the use of a child passenger restraint system for medical reasons may be obtained upon written certification by a physician that use of a child passenger restraint system is impractical. The certification shall be made on a form developed by the Department which shall requires the following information:
(1) The physician's name and practice address.
(2) The date the form was completed.
(3) The name, age and weight of the child.
(4) The medical or physical reasons that the use of a particular child passenger restraint system or systems is impractical.
(5) A recommendation of the type of restraint the child should be fastened into or a statement that no appropriate restraint system is known.
(6) A recommendation regarding the length of time the exemption should extend, or a statement of the conditions under which the exemption should be lifted.
(7) Other information deemed relevant by the physician, such as whether the child can be fastened into the child passenger restraint system but for only limited periods of time.
(b) The completed form shall be in the possession of the vehicle operator whenever the child is being transported.