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City of Shrewsbury, MO
St. Louis County
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Table of Contents
Table of Contents
[CC 1976 §381.010; Ord. No. 1436 §1, 6-30-1981; Ord. No. 2426 §1, 4-15-2005]
As used in this Chapter, the following terms shall have these prescribed meanings:
APPROVED
Approved by the Director of Revenue of the State of Missouri and when applied to lamps and other illuminating devices, means that such lamps and devices must be in good working order.
AUXILIARY LAMP
An additional lighting device on a motor vehicle used primarily to supplement the headlamps in providing general illumination ahead of a vehicle.
HEADLAMP
A major lighting device capable of providing general illumination ahead of a vehicle.
MOUNTING HEIGHT
The distance from the center of the lamp to the surface on which the vehicle stands.
MULTIPLE-BEAM HEADLAMPS
Headlamps or similar devices arranged so as to permit the driver of the vehicle to use one (1) of two (2) or more distributions of light on the road.
REFLECTOR
An approved device designed and used to give an indication by reflected light.
SINGLE-BEAM HEADLAMPS
Headlamps or similar devices arranged so as to permit the driver of the vehicle to use but one (1) distribution of light on the road.
VEHICLE
Every device in, upon or by which a person or property is or may be transported upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.
WHEN LIGHTED LAMPS ARE REQUIRED
At any time from a half (½) hour after sunset to a half (½) hour before sunrise, any time weather conditions require usage of the vehicle's windshield wipers or during periods of fog, and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred (500) feet ahead.
[CC 1976 §381.020; Ord. No. 1436 §1, 6-30-1981]
No person shall drive, move, park or be in custody of any vehicle or combination of vehicles on any street or highway during the times when lighted lamps are required unless such vehicle or combination of vehicles displays lighted lamps and illuminating devices as hereinafter in this Article required. No person shall use on any vehicle any approved electric lamp or similar device unless the light source of such lamp or device complies with the conditions of approval as to focus and rated candlepower.
[CC 1976 §381.030]
Except as in this Article provided, every motor vehicle other than a motor-drawn vehicle and other than a motorcycle shall be equipped with at least two (2) approved headlamps mounted at the same level with at least one (1) on each side of the front of the vehicle. Every motorcycle shall be equipped with at least one (1) and not more than two (2) approved headlamps. Every motorcycle equipped with a sidecar or other attachment shall be equipped with a lamp on the outside limit of such attachment capable of displaying a white light to the front.
[CC 1976 §381.040; Ord. No. 1436 §1, 6-30-1981]
Approved single-beam headlamps shall be so aimed that when the vehicle is not loaded none of the high-intensity portion of the light shall at a distance of twenty-five (25) feet ahead project higher than a level of five (5) inches below the level of the center of the lamp from which it comes, and in no case higher than forty-two (42) inches above the level on which the vehicle stands at a distance of seventy-five (75) feet ahead. The intensity shall be sufficient to reveal persons and vehicles at a distance of at least two hundred (200) feet.
[CC 1976 §381.050; Ord. No. 1436 §1, 6-30-1981]
A. 
Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the auxiliary passing lamp or combination thereof on motor vehicles other than motorcycles or motor-driven cycles, shall be so arranged that the driver may select at will between distributions of light projected to different elevations and such lamps may, in addition, be so arranged that such selection can be made automatically, subject to the following limitations:
1. 
There shall be an uppermost distribution of light, or composite beam, so aimed and of such intensity as to reveal persons and vehicles at a distance of at least three hundred fifty (350) feet ahead for all conditions of loading.
2. 
There shall be a lowermost distribution of light, or composite beam so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead; and on a straight level road under any condition of loading none of the high intensity portion of the beam shall be directed to strike the eyes of an approaching driver.
[CC 1976 §381.060; Ord. No. 1436 §1, 6-30-1981]
A. 
Every motor vehicle and every motor-drawn vehicle shall be equipped with at least two (2) rear lamps, not less than fifteen (15) inches or more than seventy-two (72) inches above the ground upon which the vehicle stands, which, when lighted, will exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear. Either such rear lamp or separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration marker and render it clearly legible from a distance of fifty (50) feet to the rear. When the rear registration marker is illuminated by an electric lamp other than the required rear lamps, all such lamps shall be turned on or off only by the same control switch at all times.
B. 
Every motorcycle registered in this State, when operated on a highway, shall also carry at the rear, either as part of the rear lamp or separately, at least one (1) approved red reflector, which shall be of such size and characteristics and so maintained as to be visible during the times when lighted lamps are required from all distances within three hundred (300) feet to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps.
C. 
Every new passenger car, new commercial motor vehicle, motor-drawn vehicle and omnibus with a capacity of more than six (6) passengers registered in this State after January 1, 1966, when operated on a highway, shall also carry at the rear at least two (2) approved red reflectors, at least one at each side, so designed, mounted on the vehicle and maintained as to be visible during the times when lighted lamps are required from all distances within five hundred (500) to fifty (50) feet from such vehicle when directly in front of a motor vehicle displaying lawful undimmed headlamps. Every such reflector shall meet the requirements of this Article and shall be mounted upon the vehicle at a height not to exceed sixty (60) inches nor less than fifteen (15) inches above the surface upon which the vehicle stands.
[CC 1976 §381.070]
Any motor vehicle may be equipped with not more than two (2) side cowl or fender lamps which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with not more than one running board courtesy lamp on each side thereof which shall emit a white or yellow light without glare. Any motor vehicle may be equipped with a backup lamp either separately or in combination with another lamp; except that no such backup lamp shall be continuously lighted when the motor vehicle is in forward motion.
[CC 1976 §381.080; Ord. No. 1436 §1, 6-30-1981]
Every person driving a motor vehicle equipped with multiple-beam road lighting equipment, during the times when lighted lamps are required, shall use a distribution of light, or composite beam, directed high enough and of sufficient intensity to reveal persons and vehicles at a safe distance in advance of the vehicle, subject to the following requirements and limitations. Whenever the driver of a vehicle approaches an oncoming vehicle within five hundred (500) feet, or is within three hundred (300) feet to the rear of another vehicle traveling in the same direction, the driver shall use a distribution of light or composite beam so aimed that the glaring rays are not projected into the eyes of the other driver, and in no case shall the high-intensity portion which is projected to the left of the prolongation of the extreme left side of the vehicle be aimed higher than the center of the lamp from which it comes at a distance of twenty-five (25) feet ahead, and in no case higher than a level of forty-two (42) inches above the level upon which the vehicle stands at a distance of seventy-five (75) feet ahead.
[CC 1976 §381.090; Ord. No. 1436 §1, 6-30-1981]
Any motor vehicle may be equipped with not to exceed one (1) spotlamp, but every lighted spotlamp shall be so aimed and used so as not to be dazzling or glaring to any person.
[CC 1976 §381.100; Ord. No. 1436 §1, 6-30-1981]
Headlamps, when lighted, shall exhibit lights substantially white in color; auxiliary lamps, cowl lamps and spotlamps, when lighted, shall exhibit lights substantially white, yellow or amber in color. No person shall drive or move any vehicle or equipment, except a school bus when used for school purposes or an emergency vehicle, upon any street or highway with any lamp or device thereon, displaying a red light visible from directly in front thereof.
[CC 1976 §381.110; Ord. No. 1436 §1, 6-30-1981]
Any lighted lamp or illuminating device upon a motor vehicle other than headlamps, spotlamps, front direction signals, or auxiliary lamps which projects a beam of light of an intensity greater than three hundred (300) candlepower, shall be so directed that no part of the beam will strike the level of the roadway on which the vehicle stands at a distance of more than seventy-five (75) feet from the vehicle. Alternately flashing warning signals may be used on school buses when used for school purposes and on motor vehicles when used to transport United States mail from post offices to boxes of addressees thereof, and on emergency vehicles, but are prohibited on other motor vehicles, motorcycles and motor-drawn vehicles except as a means for indicating a right or left turn.
[CC 1976 §381.120; Ord. No. 1436 §1, 6-30-1981]
At the times when lighted lamps are required, at least two (2) lighted lamps shall be displayed, one (1) on each side of the front of every motor vehicle except a motorcycle and except a motor-drawn vehicle, except when such vehicle is parked subject to the provisions governing lights on parked vehicles. Whenever a motor vehicle equipped with headlamps as in this Article required is also equipped with an auxiliary lamp or a spotlamp or any other lamp on the front thereof, projecting a beam of an intensity greater than three hundred (300) candlepower, not more than a total of four (4) of any such lamps on the front of a vehicle shall be lighted at any one time when upon a highway.
[CC 1976 §381.130; Ord. No. 1436 §1, 6-30-1981]
A. 
Whenever a vehicle is lawfully parked upon a street or highway during the hours between a half (½) hour after sunset and a half (½) hour before sunrise, and in the event there is sufficient light to reveal any person or object within a distance of five hundred (500) feet upon such street or highway, no lights need be displayed upon such parked vehicle.
B. 
Whenever a vehicle is parked or stopped upon a highway or shoulder adjacent thereto, whether attended or unattended, during the hours between a half (½) hour after sunset and a half (½) hour before sunrise, and there is not sufficient light to reveal any person or object within a distance of five hundred (500) feet upon the highway, a vehicle so parked or stopped shall be equipped with one (1) or more lamps meeting the following requirements: At least one (1) lamp shall display a white or amber light visible from a distance of five hundred (500) feet to the front of the vehicle, and the same lamp or at least one (1) other lamp, shall display a red light visible from a distance of five hundred (500) feet to the rear of the vehicle, and the location of the lamps shall always be such that at least one (1) lamp or combination of lamps meeting the requirements of this Section, is installed as near as practicable to the side of the vehicle which is closest to passing traffic. This Section does not apply to a motor-driven cycle. Any lighted headlamp upon a parked vehicle shall be depressed or dimmed.
[CC 1976 §381.140; Ord. No. 1436 §1, 6-30-1981]
All vehicles, including agricultural machinery or implements, road machinery, road rollers, traction engines and farm tractors, not in this Article specifically required to be equipped with lamps, shall be equipped during the times when lighted lamps are required with at least one (1) lighted lamp or lantern exhibiting a white light visible from a distance of five hundred (500) feet to the front of such vehicle and with a lamp or lantern exhibiting a red light visible from a distance of five hundred (500) feet to the rear, and such lamps and lanterns shall exhibit lights to the sides of such vehicle.
Any person who shall place or drive or cause to be placed or driven, upon or along any highway of this City any animal-driven vehicle whatsoever, whether in motion or at rest, shall after sunset to one-half (½) hour before sunrise have attached to every such vehicle at the rear thereof a red taillight or a red reflecting device of not less than three (3) inches in diameter of effective area or its equivalent in area. When such device shall consist of reflecting buttons there shall be no less than seven (7) of such buttons covering an area equal to a circle with a three (3) inch diameter. The total subtended effective angle of reflection of every such device shall be no less than sixty degrees (60°) and the spread and efficiency of the reflected light shall be sufficient for the reflected light to be visible to the driver of any motor vehicle approaching such animal-drawn vehicle from the rear of a distance of not less than five hundred (500) feet. In addition, any person who operates any such animal-driven vehicle during the hours between sunset and one-half (½) hour before sunrise shall have at least one (1) light flashing at all times the vehicle is on any highway of this State. Such light or lights shall be amber in the front and red in the back and shall be placed on the left side of the vehicle at a height of no more than six (6) feet from the ground and shall be visible from the front and the back of the vehicle at a distance of at least five hundred (500) feet. Any person violating the provisions of this Section shall be guilty of a misdemeanor.
A. 
No person shall operate on any public highway of this City any slow-moving vehicle or equipment after sunset to one-half (½) hour before sunrise, any animal-drawn vehicle, or any other machinery, designed for use or normally operated at speeds less than twenty-five (25) miles per hour, including all road construction or maintenance machinery except when engaged in actual construction or maintenance work either guarded by a flagman or clearly visible warning signs, which normally travels or is normally used at a speed of less than twenty-five (25) miles per hour unless there is displayed on the rear thereof an emblem as described in, and displayed as provided in Subsection (B) of this Section. The requirement of such emblem shall be in addition to any lighting devices required by Section 307.115, RSMo.
B. 
The emblem required by Subsection (A) of this Section shall be of substantial construction, and shall be a base down equilateral triangle of fluorescent yellow-orange film or equivalent quality paint with a base of not less than fourteen (14) inches and an altitude of not less than twelve (12) inches. Such triangle shall be bordered with reflective red strips having a minimum width of one and three-fourths (1¾) inches, with the vertices of the overall triangle truncated such that the remaining altitude shall be a minimum of fourteen (14) inches. Such emblem shall be mounted on the rear of such vehicle near the horizontal geometric center of the rearmost vehicle at a height of not less than four (4) feet above the roadway, and shall be maintained in a clean, reflective condition. The provisions of this Section shall not apply to any vehicle or equipment being operated on a gravel or dirt surfaced public highway.
C. 
Any person who shall violate the provisions of this Section shall be guilty of a misdemeanor.
D. 
No emblem shall be required on machinery or equipment pulled or attached to a farm tractor providing the machinery or equipment does not extend more than twelve (12) feet to the rear of the tractor and permits a clear view of the emblem on the tractor by vehicles approaching from the rear.
[CC 1976 §382.010; Ord. No. 1443 §1, 7-14-1981]
Every motor vehicle shall be equipped with a horn, directed forward, or whistle in good working order, capable of emitting a sound adequate in quantity and volume to give warning of the approach of such vehicle to other users of the highway and to pedestrians. Such signaling device shall be used for warning purposes only and shall not be used for making any unnecessary noise, and no other sound-producing signaling device shall be used at any time.
[CC 1976 §382.020; Ord. No. 1443 §1, 7-14-1981]
Muffler cutouts shall not be used and no vehicle shall be driven in such manner or condition that excessive and unnecessary noises shall be made by its machinery, motor, signaling device, or other parts, or by any improperly loaded cargo. The motors of all motor vehicles shall be fitted with properly attached mufflers of such capacity or construction as to quiet the maximum possible exhaust noise as completely as is done in modern gas engine passenger motor vehicles. Any cutout or opening in the exhaust pipe between the motor and the muffler on any motor vehicle shall be completely closed and disconnected from its operating lever, and shall be so arranged that it cannot automatically open, or be opened or operated while such vehicle is in motion.
[Ord. No. 2085 §§1—2, 2-25-1997]
A. 
No driver or passenger in a vehicle shall use or allow any unnecessary excessive noise or use or allow to be used any radio, loud speaker, sound amplifier, or another machine or device, whether portable or installed on the vehicle, for the producing of sound or reproducing sound at any time with louder volume than is necessary for convenient, normal hearing for the person or persons who are in the vehicle in which the machine or device is being used or operated and who are voluntary listeners. The operation of any radio, loud speaker, sound amplifier, or other machine or device for the producing or reproducing of sound in a manner as to be plainly audible at a distance of more than one hundred (100) feet from such machine or device shall be excessive and shall be prima facie evidence of a violation of this Section.
B. 
Any person who enters a plea of guilty or is found guilty of a violation of this Section shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or by a term of imprisonment of not more than ninety (90) days or both such fine and imprisonment.
[CC 1976 §382.030; Ord. No. 1443 §1, 7-14-1981]
All motor vehicles, except motorcycles, shall be provided at all times with two (2) sets of adequate brakes, kept in good working order, and motorcycles shall be provided with one (1) set of adequate brakes kept in good working order.
[CC 1976 §382.040; Ord. No. 1443 §1, 7-14-1981]
All motor vehicles which are so constructed or loaded that the operator cannot see the road behind such vehicle by looking back or around the side of such vehicle, shall be equipped with a mirror so adjusted as to reveal the road behind and be visible from the operator's seat.
[CC 1976 §382.050; Ord. No. 1443 §1, 7-14-1981]
All vehicles carrying poles or other objects, which project more than five (5) feet from the rear of such vehicle, shall, during the period when lights are required by this Article, carry a red light at or near the rear end of the pole or other object so projecting. At other times a red flag or cloth, not less than sixteen (16) inches square, shall be displayed at the end of such projection.
When one (1) vehicle is towing another, the connecting device shall not exceed fifteen (15) feet. During the time that lights are required by Article I of this Chapter, the required lights shall be displayed by both vehicles. Every towed vehicle shall be coupled to the towing vehicle by means of a safety chain, cable, or equivalent device in addition to the primary coupling device, except that such secondary coupling device shall not be necessary if the connecting device is connected to the towing vehicle by a center-locking ball located over or nearly over the rear axle and not supported by the rear bumper of the towing vehicle. Such secondary safety connecting devices shall be of sufficient strength to control the towed vehicle in the event of failure of the primary coupling device. The provisions of this Subsection shall not apply to wreckers towing vehicles or to vehicles secured to the towing vehicle by a fifth-wheel type connection.
[CC 1976 §382.070; Ord. No. 1443 §1, 7-14-1981]
No person shall operate any motor vehicle upon any highway between the first (1st) day of April and the first (1st) day of November while the motor vehicle is equipped with tires containing metal or carbide studs.
[CC 1976 §382.080; Ord. No. 1443 §1, 7-14-1981]
No person shall operate any passenger motor vehicle upon any highway, the body of which has been altered in such a manner that the front or rear of the vehicle is raised at such an angle as to obstruct the vision of the operator in front or to the rear of the vehicle.
Motor vehicles and equipment which are operated by any member of an organized Fire Department, ambulance association, or rescue squad, whether paid or volunteer, may be operated on streets and highways in this City as an emergency vehicle under the provisions of Section 304.022, RSMo, while responding to a fire call or ambulance call or at the scene of a fire call or ambulance call and while using or sounding a warning siren and while using or displaying thereon fixed, flashing or rotating blue lights, but sirens and blue lights shall be used only in bona fide emergencies. Permits for the operation of such vehicles equipped with sirens or blue lights shall be in writing and shall be issued and may be revoked by the Chief of an organized Fire Department, organized ambulance association, or rescue squad and no person shall use or display a siren or blue lights on a motor vehicle, fire, ambulance, or rescue equipment without a valid permit authorizing the use. Permit to use a siren or lights as heretofore set out does not relieve the operator of the vehicle so equipped with complying with all other traffic laws and regulations.
[CC 1976 §382.100; Ord. No. 1443 §1, 7-14-1981]
A. 
All motor vehicles, and every trailer and semi-trailer operating upon the highways and carrying goods or material or farm products which may reasonably be expected to become dislodged and fall from the vehicle, trailer or semi-trailer, as a result of wind pressure of air pressure and/or by the movement of the vehicle, trailer or semi-trailer, shall have a protective cover or be sufficiently secured so that no portion of such goods or material can become dislodged and fall from the vehicle, trailer or semi-trailer while being transported or carried.
B. 
Operation of a motor vehicle, trailer or semi-trailer, in violation of this Section shall be unlawful.
[CC 1976 §382.110]
Trucks, semitrailers, and trailers, except utility trailers, without rear fenders, attached to a commercial motor vehicle registered for over twenty-four thousand (24,000) pounds shall be equipped with mud flaps for the rear wheels when operated on the public highways of this State. If mud flaps are used, they shall be wide enough to cover the full tread width of the tire or tires being protected; shall be so installed that they extend from the underside of the vehicle body in a vertical plane behind the rear wheels to within eight (8) inches of the ground; and shall be constructed of a rigid material or a flexible material which is of a sufficiently rigid character to provide adequate protection when the vehicle is in motion. No provisions of this Section shall apply to a motor vehicle in transit and in process of delivery equipped with temporary mud flaps, to farm implements, or to any vehicle which is not required to be registered.
[CC 1976 §382.111; Ord. No. 1626 §1, 1-16-1986; Ord. No. 2638 §1, 11-8-2011]
A. 
Any person may operate a motor vehicle with front side wing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, that has a light transmission of thirty-five percent (35%) or more plus or minus three percent (3%) and a luminous reflectance of thirty-five percent (35%) or less plus or minus three percent (3%). Except as provided in Subsection (C) of this Section, any sun-screening device applied to front side wing vents or windows located immediately to the left and right of the driver in excess of the requirements of this Section shall be prohibited without a permit pursuant to a physician's prescription as described below. A permit to operate a motor vehicle with front side wing vents or windows located immediately to the left and right of the driver that have a sun-screening device, in conjunction with safety glazing material, which permits less light transmission and luminous reflectance than allowed under the requirements of this Subsection may be issued by the Missouri Department of Public Safety to a person having a serious medical condition which requires the use of a sun-screening device if the permittee's physician prescribes its use. The Director of the Missouri Department of Public Safety shall promulgate rules and regulations for the issuance of the permit. The permit shall allow operation of the vehicle by any titleholder or relative within the second degree by consanguinity or affinity, which shall mean a spouse, each grandparent, parent, brother, sister, niece, nephew, aunt, uncle, child, and grandchild of a person who resides in the household. Except as provided in Subsection (B) of this Section, all sun-screening devices applied to the windshield of a motor vehicle are prohibited.
B. 
This Section shall not prohibit labels, stickers, decalcomania, or informational signs on motor vehicles or the application of tinted or solar-screening material to recreational vehicles provided that such material does not interfere with the driver's normal view of the road. This Section shall not prohibit factory-installed tinted glass, the equivalent replacement thereof or tinting material applied to the upper portion of the motor vehicle's windshield which is normally tinted by the manufacturer of motor vehicle safety glass.
C. 
Any vehicle licensed with a historical license plate shall be exempt from the requirements of this Section.
D. 
Any person who shall violate the provisions of this Section shall be guilty of a misdemeanor.
[CC 1976 §340.290; Ord. No. 2714 §1, 5-28-2013]
A. 
As used in this Section, the term "passenger car" means every motor vehicle designed for carrying ten (10) persons or less and used for the transportation of persons; except that the term "passenger car" shall not include motorcycles, motorized bicycles, motortricycles and trucks with a licensed gross weight of twelve thousand (12,000) pounds or more.
B. 
Each driver, except persons employed by the United States Postal Service while performing duties for that Federal agency which require the operator to service postal boxes from their vehicles, or which require frequent entry into and exit from their vehicles, and front seat passenger of a passenger car manufactured after January 1, 1968, operated on a street or highway in this State, and persons less than eighteen (18) years of age operating or riding in a truck, as defined in Section 301.010, RSMo., on a street or highway of this State shall wear a properly adjusted and fastened safety belt that meets Federal National Highway, Transportation and Safety Act requirements. No person shall be stopped, inspected, or detained solely to determine compliance with this Subsection. The provisions of this Section and Section 385.300 shall not be applicable to persons who have a medical reason for failing to have a seat belt fastened about their body, nor shall the provisions of this Section be applicable to persons while operating or riding a motor vehicle being used in agricultural work-related activities. Non-compliance with this Subsection shall not constitute probable cause for violation of any other provision of law. The provisions of this Subsection shall not apply to the transporting of children under sixteen (16) years of age as provided in Section 385.300.
C. 
Each driver of a motor vehicle transporting a child less than sixteen (16) years of age shall secure the child in a properly adjusted and fastened restraint under Section 385.300.
D. 
Except as otherwise provided for in Section 385.300, each person who violates the provisions of Subsection (B) of this Section is guilty of an infraction for which a fine not to exceed ten dollars ($10.00) may be imposed. All other provisions of law and court rules to the contrary notwithstanding, no court costs shall be imposed on any person due to a violation of this Section.
E. 
If there are more persons than there are seat belts in the enclosed area of a motor vehicle, then the passengers who are unable to wear seat belts shall sit in the area behind the front seat of the motor vehicle unless the motor vehicle is designed only for a front-seated area. The passenger or passengers occupying a seat location referred to in this Subsection is not in violation of this Section. This Subsection shall not apply to passengers who are accompanying a driver of a motor vehicle who is licensed under Section 302.178, RSMo.
[CC 1976 §340.290; Ord. No. 2714 §2, 5-28-2013]
A. 
As used in this Section, the following terms shall mean:
CHILD BOOSTER SEAT
A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, that is designed to elevate a child to properly sit in a Federally approved safety belt system.
CHILD PASSENGER RESTRAINT SYSTEM
A seating system which meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213, as amended, and which is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system.
DRIVER
A person who is in actual physical control of a motor vehicle.
B. 
Every driver transporting a child under the age of sixteen (16) years shall be responsible, when transporting such child in a motor vehicle operated by that driver on the streets or highways of this State, for providing for the protection of such child as follows:
1. 
Children less than four (4) years of age, regardless of weight, shall be secured in a child passenger restraint system appropriate for that child;
2. 
Children weighing less than forty (40) pounds, regardless of age, shall be secured in a child passenger restraint system appropriate for that child;
3. 
Children at least four (4) years of age but less than eight (8) years of age, who also weigh at least forty (40) pounds but less than eighty (80) pounds, and who are also less than four (4) feet, nine (9) inches tall, shall be secured in a child passenger restraint system or booster seat appropriate for that child;
4. 
Children at least eighty (80) pounds or children more than four (4) feet, nine (9) inches in height shall be secured by a vehicle safety belt or booster seat appropriate for that child.