§ 29-A §2081 — Use of safety seat belts and child restraint systems

Maine § 29-A §2081

• Jurisdiction: Maine
• Title 29-A: MOTOR VEHICLES AND TRAFFIC
• Ch. 19: OPERATION

Text

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Children under 40 pounds.
2-A.
Children under 2 years of age.
When a child who is less than 2 years of age is being transported in a motor vehicle that is required by the United States Department of Transportation to be equipped with seat belts, the operator shall ensure that the child is properly secured in a rear-facing child restraint system or convertible child restraint system properly secured in the rear-facing position in accordance with the child restraint system manufacturer's instructions and the vehicle manufacturer's instructions, except if the child is in a convertible child restraint system and the child exceeds the manufacturer recommended weight or height limit for the rear-facing position the child may be properly secured in a forward-facing position in accordance with the child restraint system manufacturer's instructions and the vehicle manufacturer's instructions. Violation of this subsection is a traffic infraction for which a fine of $50 for the first offense, $125 for the 2nd offense and $250 for the 3rd and subsequent offenses must be imposed. A fine imposed under this subsection may not be suspended by the court.
2-B.
Children 2 years of age or older and weighing less than 55 pounds.
When a child who is 2 years of age or older and who weighs less than 55 pounds is being transported in a motor vehicle that is required by the United States Department of Transportation to be equipped with seat belts, the operator shall ensure that the child is properly secured in a child restraint system with an internal harness in accordance with the child restraint system manufacturer's instructions and the vehicle manufacturer's instructions except that, if the child exceeds the child restraint system manufacturer's recommended height limit for the child restraint system, the operator shall ensure that the child is properly secured in a federally approved belt positioning seat. Violation of this subsection is a traffic infraction for which a fine of $50 for the first offense, $125 for the 2nd offense and $250 for the 3rd and subsequent offenses must be imposed. A fine imposed under this subsection may not be suspended by the court.
3.
Passengers less than 18 years of age.
Except as provided in subsections 2‑A and 2‑B, the following provisions apply to passengers less than 18 years of age riding in a vehicle that is required by the United States Department of Transportation to be equipped with seat belts. Violation of this subsection is a traffic infraction for which a fine of $50 for the first offense, $125 for the 2nd offense and $250 for the 3rd and subsequent offenses must be imposed. A fine imposed under this subsection may not be suspended by the court.
3-A.
Other passengers 18 years of age and older; operators.
When a person 18 years of age or older is a passenger in a vehicle that is required by the United States Department of Transportation to be equipped with seat belts, the passenger must be properly secured in a seat belt. Each such passenger is responsible for wearing a seat belt as required by this subsection, and a passenger that fails to wear a seat belt as required by this subsection is subject to the enforcement provisions of subsection 4. The operator of a vehicle that is required by the United States Department of Transportation to be equipped with seat belts must be properly secured in the operator's seat belt. Violation of this subsection is a traffic infraction for which a fine of $50 for the first offense, $125 for the 2nd offense and $250 for the 3rd and subsequent offenses must be imposed. A fine imposed under this subsection may not be suspended by the court. A vehicle, the contents of a vehicle, the driver of or a passenger in a vehicle may not be inspected or searched solely because of a violation of this subsection.
4.
Enforcement.
The following provisions apply to subsection 3‑A.
5.
Evidence.
In an accident involving a motor vehicle, the nonuse of seat belts by the operator or passengers or the failure to secure a child is not admissible in evidence in a civil or criminal trial, except in a trial for violation of this section.
6.
Exceptions.
Notwithstanding subsection 3‑A:

Legislative History

PL 1993, c. 683, §A2 (NEW). PL 1993, c. 683, §B5 (AFF). PL 1995, c. 65, §A107 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1995, c. 432, §§1-3 (AMD). PL 1995, c. 432, §4 (AFF). PL 1995, c. 597, §§1-4 (AMD). PL 1997, c. 450, §§1-4 (AMD). PL 1997, c. 737, §7 (AMD). PL 2001, c. 585, §§1-5 (AMD). PL 2001, c. 585, §6 (AFF). PL 2001, c. 710, §15 (AMD). PL 2001, c. 710, §16 (AFF). PL 2003, c. 380, §§1-4 (AMD). PL 2003, c. 380, §5 (AFF). PL 2005, c. 12, §§AAA1-6 (AMD). PL 2007, c. 60, §§1, 2 (AMD). PL 2007, c. 295, §2 (AMD). PL 2009, c. 34, §1 (AMD). PL 2009, c. 436, §1 (AMD). PL 2019, c. 299, §2 (AMD). PL 2019, c. 577, §§1-6 (AMD). PL 2021, c. 293, Pt. B, §5 (AMD). PL 2023, c. 364, §1 (AMD). PL 2023, c. 364, §3 (AFF). PL 2023, c. 634, §31 (AMD). PL 2025, c. 316, §3 (REV).