(a) As used in this section:

(1) "Automobile" means any commercial tractor, passenger car, commercial car or truck that is required to be factory-equipped with an occupant restraining device for the operator or any passenger by regulations adopted by the United States Secretary of Transportation pursuant to the Nationa1 Traffic and Motor Vehicle Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.
(2) "Occupant restraining device" means a seat safety belt, shoulder belt, harness or other safety device for restraining a person who is an operator of or passenger in an automobile and that satisfies the minimum Federal vehicle safety standards established by the United States Department of Transportation.
(3) "Passenger" means any person in an automobile, other than its operator, who is occupying a seating position for which an occupant restraining device is provided.
(4) "Commercial tractor," "passenger car," and "commercial car" have the same meanings as provided in Ohio R.C. 4501.01.
(5) "Vehicle" and "motor vehicle", as used in the definitions of the terms set forth in subsection (a)(4) hereof, have the same meanings as provided in Chapter 301.

(b) No person shall do either of the following:

(1) Operate an automobile on any street or highway unless he is wearing all of the available elements of a properly adjusted occupant restraining device, or operate a school bus that has an occupant restraining device installed for use in its operator's seat unless he is wearing all of the available elements of the device, as properly adjusted;

(2) Occupy, as a passenger, a seating position on the front seat of an automobile being operated on any street or highway unless he is weaning all of the available elements of a properly adjusted occupant restraining device.

(c) Subsection (b)(2) hereof does not apply to a person who is required by Section 337.26 to be secured in a child restraint device. Subsection (b)(1) hereof does not apply to a person who is an employee of the United States Postal Service or of a newspaper home delivery service, during any period in which the person is engaged in the operation of an automobile to deliver mail or newspapers to addressees. Subsections (b)(1) and (2) hereof do not apply to a person who has an affidavit signed by a physician licensed to practice in this State under Ohio R.C. Chapter 4731 or a chiropractor licensed to practice in this State under Ohio R.C. Chapter 4734 that states that the person has a physical impairment that makes use of an occupant restraining device impossible or impractical. Subsection (b) hereof does not apply to an operator of or a passenger in an automobile who is protected by an automatic air cushion restraint system.

(d) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of subsection (b) hereof has been or is being committed or for the sole purpose of issuing a ticket, citation or summons for such a violation or for causing the arrest of or commencing a prosecution of a person for such violation, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether such a violation has been or is being committed.

(e) All fines collected for violations of subsection (b) hereof shall be forwarded to the Treasurer of State for deposit in the Seat Belt Education Fund.

(f) A court in which a charge against a person for violation of subsection (b) hereof is pending shall dismiss the charge, and shall waive any fine, if the person proves to the court, by a preponderance of the evidence, that he, before the scheduled court appearance indicated on the ticket, citation or summons issued to him, viewed one of the films or videotapes prepared or acquired by the Department of Highway Safety as part of its seat belt education program. In coordination with that program, a court charged with enforcement of subsection (b) hereof shall advise persons charged with a violation of subsection (b) hereof of opportunities for viewing the films or videotapes. A court in which a charge against a person for violation of subsection (b) hereof is dismissed pursuant to this subsection (f) hereof, may impose court costs against that person in an amount not to exceed fifteen dollars ($15.00).

A court in which a charge against a person for violation of subsection (b) hereof is pending shall not dismiss the charge and shall impose the fine levied by subsection (h) or (i) hereof if either of the following applies:

(1) The defendant fails to appear at the scheduled court appearance and is convicted of the offense;
(2) The defendant fails to prove by a preponderance of the evidence, that he has viewed a seat belt education program film or videotape in accordance with this section and is convicted of the offense.

(g) (1) Subject to subsection (g)(2) hereof, the failure of a person to wear all of the available elements of a properly adjusted occupant restraining device or to ensure that each passenger of an automobile being operated by the person is weaning all of the available elements of such a device, in violation of subsection (b) hereof, shall not be considered or used as evidence of negligence or contributory negligence, shall not diminish recovery for damages in any civil action involving the person arising from the ownership, maintenance or operation of an automobile, shall not be used as a basis for a criminal prosecution of the person other than a prosecution for a violation of this section, and shall not be admissible as evidence in any civil or criminal action involving the person other than a prosecution for a violation of subsection (b) hereof.

(g) (2) If, at the time of an accident involving a passenger car equipped with occupant restraining devices, any occupant of the passenger car who sustained injury or death was not wearing an available occupant restraining device, was not wearing all of the available elements of such a device or was not wearing such a device as properly adjusted, then, consistent with the rules of evidence, the fact that such occupant was not wearing the available occupant restraining device, was not wearing all of the available elements of such a device or was not wearing such a device as properly adjusted is admissible in evidence in relation to any claim for relief in a tort action to the extent that the claim for relief satisfies all of the following:

A. It seeks to recover damages for injury or death to such occupant;

B. The defendant in question is the manufacturer, designer, distributor or seller of the passenger car;

C. The claim for relief against the defendant in question is that the injury or death sustained by such occupant was enhanced or aggravated by some design defect in the passenger car or that the passenger car was not crashworthy.

(3) As used in subsection (g)(2) hereof, 'tort action" means a civil action for damages for injury, death or loss to person or property. "Tort action" includes a product liability claim that is subject to Ohio R.C. 2307.71 to 2307.80, but does not include a civil action for damages for a breach of a contract or another agreement between persons.
(ORC 4513.263)

(h) Whoever violates subsection (b)(1) hereof shall be fined twenty dollars ($20.00). (ORC 4513.99(F))

(i) Whoever violates subsection (b)(2) hereof shall be fined ten dollars ($10.00). (ORC 4513.99(H)) (Ord. 26-1992)

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