Section 484B.157 - Child less than 6 years of age and less than 57 inches tall to be secured in child restraint system while being transported in motor vehicle; child less than 2 years of age to be secured in rear-facing child restraint system in back seat with certain exceptions; requirements for system; penalties; programs of training; waiver or reduction of penalty under certain circumstances; application of section; acceptance of gifts, grants and donations for purchase of child restraint systems1. Except as otherwise provided in subsection 7, any person who is transporting: (a) A child who is less than 6 years of age and less than 57 inches tall in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a child restraint system which: (1) Has been approved by the United States Department of Transportation in accordance with the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. Part 571 ;(2) Is appropriate for the size and weight of the child; and(3) Is installed within and attached safely and securely to the motor vehicle: (I) In accordance with the instructions for installation and attachment provided by the manufacturer of the child restraint system; or(II) In another manner that is approved by the National Highway Traffic Safety Administration.(b) A child who is less than 2 years of age in a motor vehicle operated in this State which is equipped to carry passengers shall secure the child in a rear-facing child restraint system in the back seat of the motor vehicle in accordance with subparagraphs (1), (2) and (3) of paragraph (a) unless the child is secured in a rear-facing child restraint system on the passenger side of the front seat in accordance with subparagraphs (1), (2) and (3) of paragraph (a), the air bag on the passenger's side of the front seat, if any, is deactivated and:(1) Special health care needs of the child require the child to ride in the front seat of the motor vehicle and a written statement signed by a physician certifying the requirement is carried in the motor vehicle;(2) All back seats in the motor vehicle are in use by other children who are less than 2 years of age; or(3) The motor vehicle is not equipped with back seats.2. A person who violates the provisions of subsection 1 is guilty of a misdemeanor and the court shall: (a) For a first offense, order the person to pay a fine of not less than $100 or more than $500 or order the person to perform not less than 10 hours or more than 50 hours of community service;(b) For a second offense, order the person to pay a fine of not less than $500 or more than $1,000 or order the person to perform not less than 50 hours or more than 100 hours of community service; and(c) For a third or subsequent offense, suspend the driver's license of the person for not less than 30 days or more than 180 days.3. At the time of sentencing, the court shall provide the person who committed the offense with a list of persons and agencies approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems. The list must include, without limitation, an indication of the fee, if any, established by the person or agency pursuant to subsection 4. If, within 60 days after sentencing, the person provides the court with proof of satisfactory completion of a program of training provided for in this subsection, the court shall: (a) If the person was sentenced pursuant to paragraph (a) of subsection 2, waive the fine or community service previously imposed; or(b) If the person was sentenced pursuant to paragraph (b) of subsection 2, reduce by one-half the fine or community service previously imposed. A person is only eligible for a reduction of a fine or community service pursuant to paragraph (b) if the person has not had a fine or community service waived pursuant to paragraph (a).
4. A person or agency approved by the Department of Public Safety to conduct programs of training and perform inspections of child restraint systems may, in cooperation with the Department of Motor Vehicles, establish a fee to be paid by persons who are ordered to complete a program of training. The amount of the fee, if any: (a) Must be reasonable; and(b) May, if a person desires to acquire a child restraint system from such a person or agency, include the cost of a child restraint system provided by the person or agency to the defendant. A program of training may not be operated for profit.
5. For the purposes of NRS 483.473, a violation of this section is not a moving traffic violation.6. A violation of this section may not be considered: (a) Negligence in any civil action; or(b) Negligence or reckless driving for the purposes of NRS 484B.653.7. This section does not apply: (a) To a person who is transporting a child in a means of public transportation, including a taxi, school bus or emergency vehicle.(b) When a physician or an advanced practice registered nurse determines that the use of such a child restraint system for the particular child would be impractical or dangerous because of such factors as the child's weight, physical unfitness or medical condition. In this case, the person transporting the child shall carry in the vehicle the signed statement of the physician or advanced practice registered nurse to that effect.8. The Department of Public Safety may accept gifts, grants and donations from any source for the purpose of the purchase or donation of child restraint systems for persons who are in financial need.9. As used in this section, "child restraint system" means any device that is designed for use in a motor vehicle to restrain, seat or position children. The term includes, without limitation: (a) Booster seats and belt-positioning seats that are designed to elevate or otherwise position a child so as to allow the child to be secured with a safety belt;(b) Integrated child seats; and(c) Safety belts that are designed specifically to be adjusted to accommodate children.(Added to NRS by 1983, 1888; A 1985, 1170, 2293; 1995, 1528; 2003, 2079; 2005, 119; 2007, 1026; 2019, 499; 2021, 176, 3328)-(Substituted in revision for NRS 484.474)Amended by 2021, Ch. 506,§45, eff. 1/1/2023.Amended by 2021, Ch. 42,§2, eff. 1/1/2022.Amended by 2019, Ch. 93,§8, eff. 5/21/2019.(Added to NRS by 1983, 1888; A 1985, 1170, 2293; 1995, 1528; 2003, 2079; 2005, 119; 2007, 1026)-(Substituted in revision for NRS 484.474)